General Terms And Conditions

0. Definitions

„JETVINA“ means CORAL MOUNTAIN TRAVEL SERVICES AND TRADING COMPANY LIMITED. JetVina is the private aviation division of CORAL MOUNTAIN TRAVEL SERVICES AND TRADING COMPANY LIMITED.

„Agreement“ means the Charter Agreement signed by the client with JETVINA’s Agent including the Schedule and any appendices or attachments thereto. „Aircraft“ means any aircraft for the time being operated in connection with any Flight.

„Base Date“ means the date of charter operation.

„The Carrier“ means the operator of the Aircraft as specified in the Charter Agreement. „Charter Price“ means the amount set out in the Charter Agreement.

“Client” means the charter broker or end-user entity who signs the Charter Agreement with JETVINA’s Agent „Flight Schedule“ means a flight or a series of flights described in the Charter Agreement.
1. Provision of the Aircraft
1.1 JETVINA shall provide the Aircraft for the Client’s use, properly equipped, insured, manned and fueled. The crew, who shall be JETVINA employees, servants or agents, shall, except as otherwise provided in this Agreement, fly the Aircraft on the Charter Agreement’s flight schedule and any additional flights as contemplated in clause 2.3 below. JETVINA’s employees, servants or agents shall follow JETVINA’s instructions only.

2. Flight Schedule and Meeting Point

2.1 JETVINA’s performance of the Flight Schedule (or any part thereof) is subject to the Aircraft and crew availability, slot coordination and valid authorization being granted in a timely manner by the appropriate public and government authorities (including, but not limited to, applicable civil aviation authorities and airport authorities).

2.2 The Flight Schedule mentioned in the Charter Agreement has been prepared to take account of relevant statutory and other official flight time limitation requirements. JETVINA reserves the right to charge additional costs if, for reasons beyond JETVINA’s control, it is necessary to provide additional crew or position replacement crew to continue the Flight Schedule (or any part thereof) and JETVINA will have no liability or responsibility to the Client, End-User or any other party, including Charter Broker(s), for any delay to passengers, baggage or cargo so occasioned.

2.3 If the Client requests the use of the Aircraft for any flight(s) and/or services other than as specified in the Flight Schedule set forth in the Charter Agreement, without prejudice to JETVINA’s absolute right to refuse such request, if JETVINA agrees to perform any such flight(s) and/or services, the Client shall, on demand, pay to JETVINA in respect of such flight(s) and/or services, such sum(s) as JETVINA shall notify to the Client as the amount for such additional flight(s) and/or services, together with all fees and charges incurred, arising from, out of, or in connection with JETVINA’s performance of each additional flight and/or service including, without prejudice to the generality of the foregoing, landing fees, hangarage fees, parking fees, navigation fees, ground service and handling fees, customs duties and fees, fuel and fuel surcharge, airport surcharges, High Risk Premiums, accommodation, meals and refreshment charges for passengers and crew and all other associated costs and expenses thereby incurred. In case of deviations in the Flight Schedule from that specified in the Charter Agreement, the Client shall pay the revised charges as per the revised flights, if applicable.

2.4 The Client acknowledges and agrees that all passengers and baggage must be ready for embarking and loading thirty (30) minutes prior to the scheduled Departure Time of each flight of the Flight Schedule. The Client further agrees that a failure to ensure that all passengers and baggage are ready for airport security checks, scanning, embarking and loading as described above may result in delay to, or even cancellation of, such flight and to this end the Client releases JETVINA from any and all liability, damage, penalty, loss, judgment, cost or expense which is incidental thereto, which may be suffered by the Client as a result of such delay or cancellation and, in the case of cancellation, agrees to pay JETVINA a cancellation fee as per the Charter Agreement.

2.5 The client acknowledges and agrees that any modification in the Flight Schedule set forth in the Charter Agreement is subject to the prior review and validation from JETVINA. For operational or planning reasons, the Client acknowledges and agrees that JETVINA might not be in a position to accept a modification of the agreed Flight Schedule, or might be obliged to charge additional costs incurred by such modification(s) (including but not limited to extra crew hire and/or positioning, aircraft demurrage, airport fees, crew hotac cancellation fees, catering, etc.)

2.6 The client acknowledges and agrees that the aircraft might not be available in the case of non-prior approved modifications in the Flight Schedule set forth in the Charter Agreement. For operational or planning reasons, the Client acknowledges and agrees that JETVINA aircraft might depart before the passengers boarding in case of passenger delay. In such circumstances, the full Charter Price remains due to JETVINA and additional costs incurred by such modification might be charged.

2.7 The Client acknowledges and agrees that Diplomatic Flights require diplomatic over-flight, landing, handling and parking permissions. Those permissions are to be obtained directly by the Client through diplomatic channel. The Client further agrees that a failure to ensure that all such permissions are granted on time and compliant with JETVINA operational requirements may result in delay to, or even cancellation of, such flight and to this end the Client releases JETVINA from any and all liability, damage, penalty, loss, judgment, cost or expense which is incidental thereto, which may be suffered by the Client as a result of such delay or cancellation and, in the case of cancellation, agrees to pay JETVINA a cancellation fee as per the Charter Agreement.

3. JETVINA discretion

3.1 Save as provided in clause 7 below, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the Flight Schedule) become unavailable or incapable of undertaking or continuing such Flight Schedule (or any part thereof), JETVINA may, at its own discretion, substitute an aircraft of the same or another type as the Aircraft and the provisions of this Agreement shall apply mutatis mutandis to the substituted aircraft and such substitute aircraft shall be the “Aircraft” for the purposes of this Agreement. If JETVINA does not elect to substitute another aircraft, it shall notify the Client as soon as possible and JETVINA shall be relieved of its obligations to provide the Aircraft for the Flight Schedule (or any part thereof) which can no longer be undertaken by reason of the unavailability or incapacity of the Aircraft and JETVINA shall be under any no liability to the Client other than to refund to the Client such part of the Charter Price which relates to the cancelled Flight Schedule (or any part thereof). All costs and expenses incurred by JETVINA in providing or procuring a substitute aircraft will be borne solely by the Client and will be invoiced to the Client in accordance with this Agreement.

3.2. The captain of the Aircraft (the “Captain”) shall have absolute discretion to decide what load, including the number of passengers, may safely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether, how and when a flight may be safely undertaken and when, how and where the Aircraft shall be landed. All such decisions of the Captain shall be final and binding on the Client and JETVINA. JETVINA shall not be liable to the Client for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the Captain.

3.3. The amount and weight of accompanied baggage shall be at JETVINA’s discretion having regard to the operational limitation of the Aircraft.

3.3.1 The following or like articles, namely, live animals, firearms or ammunition may only be carried with JETVINA’s written consent which consent may, in JETVINA’s absolute discretion, be withheld. If JETVINA consents to the carriage of any firearms and/or ammunition, the Client shall deliver such firearms and/or ammunition to JETVINA in a lockable, metal container which will be kept under the control of JETVINA for the duration of the relevant flight of the Flight Schedule. The key to the container shall be retained by the Client.

3.3.2 The following or like articles, namely, explosives, combustible materials, and other such hazardous cargo, including (without limitation) those listed on the current edition of the IATA Dangerous Goods Regulation or such other re-enactment of that Regulation, shall not be carried on board any flights. JETVINA may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, JETVINA may refuse to carry any baggage considered by the Captain or by any other responsible employee, servant or agent of JETVINA, to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of the state of registration of the Aircraft, or of any country to, from or over which the Aircraft may be flown.

3.3.3 The passengers must not carry or include in their checked or cabin baggage the following prohibited items:

– items which are prohibited by any applicable national or international law, regulation or order from being carried on any aircraft

– firearms and weapons of any type, including but not limited to replicas or toys, knives, blades, or sharp items of any kind;

– items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, or the International Air Transport Association (IATA) Dangerous Goods Regulations (further information is available from us upon request), including the following items:

– Wheelchairs with spillable (unsealed batteries) (also known as wet cell batteries)

.– Compressed gases – Deeply refrigerated, flammable, non-flammable and poisonous such as butane, oxygen, liquid nitrogen, aqualung cylinders, camping cylinders and tear gas.

– Corrosives such as acids, alkalis, mercury and wet cell batteries.

– Small lithium battery powered personal transportation devices including Hover boards as per ICAO EB-2016/01

– Explosives, munitions, fireworks, flares, toy gun caps and ammunition.

– Flammable liquids and solids such as lighter fuel, matches, paints, thinners, fire-lighters, petrol and articles which are easily ignitable: substances liable to spontaneously combust: substances which on contact with water emit flammable gases.

– Radioactive materials

– Briefcases and attaché cases with installed alarm devices including pyrotechnic material or devices using lithium batteries.

– Oxidizing materials such as bleaching powder and peroxides.

– Poisons and infectious substances such as insecticides, weed-killers and live virus materials.

– Disabling devices such as mace, pepper spray or containing an irritant or incapacitating substance are prohibited on the person in Checked or Cabin Baggage. The Client must seek written approval from the Operator if any passenger(s) wish to carry any sporting weapons and/or ammunition.

3.4 If, for reasons of safety or other operational reasons not being the fault of JETVINA or attributable to the Client or any passengers, the Aircraft is diverted from any scheduled destination set forth in the Flight Schedule specified in the Charter Agreement, JETVINA shall use its reasonable endeavors to procure that, as soon as reasonably practicable after arrival at such alternate destination, the Aircraft is flown to its scheduled destination. JETVINA shall have no liability or responsibility to the Client or any other party for any delay to passengers, baggage or cargo so occasioned. The Client will pay the additional costs and expenses incurred by JETVINA as a result of the diversion and/or the flight to the scheduled destination.

4. Charter Price

4.1 Unless stated otherwise in the Charter Agreement, the Charter Price includes standard catering charges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel (excluding any fuel surcharge), oil, lubricants, maintenance, insurance (excluding High Risk Premiums), landing and navigation fees, airport charges and similar operational expenses.

4.2 Unless stated otherwise in the Charter Agreement, the Charter Price does not include any fuel surcharge, de-icing or anti-icing fluids, High Risks Premiums, onboard communication costs (voice or data usage), royalties, non- objection fees, customs duties, taxes, levies or charges assessed or imposed by any applicable authority upon the execution or performance of the Charter Agreement or the carriage, embarkation or disembarkation of passengers or ground transportation of passengers and their baggage for which the Client shall be responsible or any other amounts for which the Client is responsible hereunder, all of which shall be paid by the Client in accordance with this Agreement.

4.3 The Client will pay to JETVINA the Charter Price specified in the Charter Agreement and shall be responsible for, and will promptly pay JETVINA on demand, any other additional costs, charges and expenses payable hereunder. For purposes of the Client’s payment obligations hereunder, time shall be of the essence and non-payment of any due amount shall entitle JETVINA to suspend or cancel the Flight Schedule (or any part thereof) without warning or liability and without prejudice to JETVINA’s right to claim from the Client any and all monies due and payable to JETVINA. In cases where payment for any part of sums due from the Client to JETVINA is made by a third party such third party shall be deemed as the Client’s authorized agent and the payment treated as made on behalf of the Client.

4.4 The Charter Price is based on JETVINA’s costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, JETVINA shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred, or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Without limiting the generality of the foregoing, the Charter Price assumes a base fuel price on the date of the Agreement as published by IATA (International Air Transport Association) Fuel Monitor, available on IATA’s website www.iata.org. If the actual fuel price on the day of the flight(s) mentioned in the Flight Schedule exceeds the base fuel price taken as a reference by more than twenty percent (20%), a fuel surcharge will apply and will be invoiced by JETVINA to the Client. Any amounts payable by the Client pursuant to this Agreement shall be notified to the Client as soon as reasonably practicable and shall be paid by the Client in accordance with this Charter Agreement.

4.5 The Charter Price is agreed in the currency shown on the Charter Contract. On request from the Charterer JETVINA in its sole discretion may elect to accept settlement of the price in either in US Dollars or VND. On request, a new invoice will be issued to the Charterer, converting the Charter Price using the JETVINA Exchange Rate on the date of issue of the invoice. If immediate payment is not received then JETVINA reserves the right to recalculate the conversion of the Charter Price into the Charterer’s requested currency at the date of payment and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued under an Agreement shall evidence the “Charter Price” of that Agreement and are subject to these Standard Charter Terms

4.6 If the Client wishes to cancel any Flight or Flights, the following rates will be paid forthwith by the Client to JETVINA as agreed compensation:

• 25% of the total Charter Price if cancelled after contract signature;

• 50% of the total Charter Price if cancelled less than 72 hours prior to the first flight of the Flight Schedule;

• 100% of the total Charter Price if cancelled within 48 hours of the first flight of the Flight Schedule, or at any time during the Flight Schedule.

4.7 Refund

In the event that, prior to the commencement of the flight or any connecting flight, JetVina is required to cancel the flight, either partially or entirely, due to failure to obtain necessary flight permits, inability to perform the flight due to technical issues, safety concerns, or any other operational reasons, JetVina shall refund 75% of the charter expenses for the canceled portion of the flight to the Charterer, with the remaining 25% retained by JetVina to cover operational costs incurred up to the point of cancellation.

Should the aircraft encounter mechanical failure or be otherwise unable to commence the first leg of the flight itinerary (including all connected segments as agreed), JetVina shall refund 75% of the total charter expenses to the Charterer, retaining 25% for operational costs already incurred.

All refunds will be processed by JetVina within 30 days following the completion of the scheduled flight itinerary or after any final amendments to the flight schedule.

In the event the flight itinerary has commenced but is interrupted due to circumstances beyond JetVina ’s control, including but not limited to war, governmental or military seizure of the aircraft, natural disasters, adverse weather conditions, airport closures, strikes, civil unrest, or any security-related concerns, the Charterer shall bear 50% of the total expenses incurred for the flight, with JetVina refunding the remaining 50% of the unutilized portion of the charter expenses. The Charterer shall also bear full responsibility for any additional costs incurred as a result of such disruption, including but not limited to expenses required to return the aircraft to its final destination or the total cost of any connecting flights.

In the event of a no-show by the Charterer or cancellation within 12 hours of the scheduled departure time, JetVina shall retain 100% of the charter expenses.

5. Catering

Catering will be provided by JETVINA in accordance with the Client’s requirements as notified by the Client to JETVINA at least forty-eight (48) hours prior to the scheduled Departure Time of each flight of the Flight Schedule. Catering will be of a VIP standard as set forth in a sample menu (provided upon demand) by JETVINA to the Client. The charges for such catering shall be included in the Charter Price provided however that any items requested by Client and not appearing on the sample menu will be provided at cost plus a standard handling fee of five per cent (5%).

6. Payment Terms and Conditions

6.1 Without prejudice to clause 6.2 below, the Client shall pay JETVINA twenty five per cent (25%) of the Charter Price upon signing this Agreement and the remaining seventy five per cent (75%) of the Charter Price shall be paid to JETVINA no later than seventy two (72) hours prior to the schedule Departure Time of the first flight of the Flight Schedule.

6.2 It is a condition precedent to JETVINA’s performance of the Flight Schedule that one hundred per cent (100%) of the Charter Price shall have been paid by the Client and received by JETVINA in cleared funds, net of any and all bank charges and other deductions no later than seventy-two (72) hours prior to the scheduled Departure Time of the first flight in the Flight Schedule.

6.3 All invoiced amounts payable to JETVINA pursuant to this Agreement shall be made in full, cleared funds, to JETVINA’s bank account details of which are as follows:

6.4 JETVINA reserves the right not to undertake part or the totality of the Flight Schedule if the Charter Price is not paid in full prior to the date of scheduled Departure Time of the first flight of such Flight Schedule.

7. Non-performance or delay

7.1 In the event of non-performance or delay caused by any circumstances whatsoever beyond the reasonable control of JETVINA including, but not limited to, acts of terrorism, acts of third parties, labor difficulties, force majeure (including but not limited to inclement weather), technical breakdown, accident to the Aircraft (or any part thereof), or any machinery to be used in relation to the Aircraft, JETVINA shall use its reasonable endeavors to perform or continue the Flight Schedule but otherwise shall have no liability to the Client, its directors, officers, employees, servants or agents or any passengers for such non-performance or delay.

7.2 Notwithstanding clause 7.1 above, the Client shall be liable to pay JETVINA such part of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with all passenger expenses and any additional charges payable by the Client pursuant under this Agreement.

8. Laws and Traffic Regulations

8.1 The Aircraft shall be used only in compliance with the laws and regulations of the relevant authorities of the state of registration of the Aircraft, or any other country to, from or over which the Aircraft is flown. JETVINA shall, at its own expense, apply for and use its reasonable endeavors to procure the grant of all licenses or permits required by the laws of the state of registration of the Aircraft, and of any other country to, from or over which the Aircraft is to be flown for the performance of the Flight Schedule.

8.2 JETVINA shall supply and complete such documents relating to the carriage undertaken pursuant to this Agreement as JETVINA in its absolute discretion considers necessary and, when requested by JETVINA, the Client shall give to JETVINA in good time, all information and assistance required to complete such documents.

8.3 The Client will deliver a passenger manifest including passport details of each passenger to JETVINA at least six (6) hours prior to the scheduled Departure Time of each flight of the Flight Schedule. The Client will promptly notify JETVINA of any change to passenger manifest prior to departure of each flight. The Client represents and warrants to JETVINA that, at the time of commencement of each flight of the Flight Schedule, all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of such flight. In the event that any immigration authorities refuse entry to any passenger(s) and JETVINA is required to transport such passenger(s) to the point of origin of the flight or to any other destination then the cost of so doing shall be payable by the Client to JETVINA in accordance with this Agreement. Where notices or information are delivered to the Client or its agents by JETVINA for distribution to passengers, the Client warrants and undertakes to JETVINA that it will affect delivery of such notices or information to the passengers at a reasonable time prior to the commencement of each flight of the Flight Schedule and shall indemnify JETVINA, its directors, officers, employees, servants and agents against any and all claims liabilities, costs and expenses which result from any failure by the Client to effect such delivery.

8.4 JETVINA offers the opportunity to leave prior to the flight contact details for the passengers’ next of kin. In the event of occurrence of a non-standard situation or crisis in connection with the flight, the filled-in form on file will help JETVINA to contact the indicated people faster to keep them informed. This information is requested at the time of booking or prior to boarding and will be used by JETVINA only in the event of an emergency, and never for commercial purpose. The form to be completed for such purpose is to be found as an annex of this document.

8.5 The Client will comply with and shall use its best endeavors to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of JETVINA and all customs, police, public health and other laws and regulations which are applicable in the state of registration, and the countries in which each flight of the Flight Schedule originates, landings are made or over which such flights are made.

9. Notices

Any notice required to be given hereunder shall be given by sending the same by electronic transmission, facsimile, prepaid post or by hand delivery to the address of the addressee shown in this Agreement or to such other address as either party may notify to the other for this purpose. If sending by electronic transmission or facsimile, notice shall be deemed to have been given at the time of dispatch with confirmed transmission report or equivalent stating the correct email address or facsimile number and if sending by post, notice shall be deemed to have been given on the day on which it would have been received in due course of post.

10. Liability – Insurance of JETVINA

JETVINA does not undertake any carriage as a common carrier or accept the obligations of a common carrier. JETVINA does not accept any liability (including without limitation indirect or consequential loss) whether for death to, or injury or delay of, passengers or loss of, damage to, or delay of, baggage or cargo howsoever arising, and whether occasioned by JETVINA, its directors, officers, employees, servants, agents or subcontractors and any such liability being hereby excluded, insofar as permitted under applicable law.

11. Indemnity

11.1 The Client shall indemnify JETVINA, its directors, officers, employees, servants, agents and subcontractors (on a full indemnity basis) against any and all claims, costs and expenses (including legal fees and costs) in respect of any:

11.1.1 liability of JETVINA to third persons (including but not limited to passengers, consignors and consignees) for any loss or damage of whatsoever nature arising out of the negligence, willful misconduct or any act or omission of the Client, its directors, officers, employees, servants or agents or any passenger carried by authority of the Client; and

11.1.2 loss or damage of whatsoever nature suffered by JETVINA, its directors, officers, employees, servants, agents or subcontractors, or to any equipment (including the Aircraft) belonging to JETVINA, its directors, officers, employees, servants, agents or subcontractors arising out of the negligence, willful misconduct or any act or omission of the Client, its directors, officers, employees, servants or agents or any passenger carried by authority of the Client and whether tortuous or constituting a breach of this Agreement.

12. Termination by Either Party

12.1 Subject to clauses 13 and 14 below, either party may terminate this Agreement, by giving written notice to the other.

12.1.1 at any time before the time specified for the commencement of the first flight set out in the Flight Schedule; or 12.1.2 at any time if the other party commits any breach of this Agreement or commits an act of insolvency or becomes insolvent or enters into any arrangement or composition with its creditors or, being an individual, dies or being a partnership, is dissolved or being a corporation, passes a resolution or has a petition presented for winding up (otherwise than for the purpose of merger or reconstruction only).

12.2 Any termination of this Agreement pursuant to this clause 12 will be without prejudice to JETVINA’s accrued rights under this Agreement or in respect of the matter leading to termination (and in particular without prejudice to JETVINA’s rights under clause 10 above).

13. Consequences of Termination by JETVINA

13.1 If this Agreement is terminated by JETVINA pursuant to:

13.1.1 clause 12.1.1 above, then the Client shall not be liable to pay the Charter Price and JETVINA shall repay to Client the Charter Price (or any part thereof) made by the Client but shall be under no further obligation or liability to the Client by reason of such termination; or

13.1.2 clause 12.1.2 above, then the Client shall be liable to pay to JETVINA the appropriate cancellation charges referred to in clause 4 of the Agreement above together with such part of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed and any and all additional charges, costs and expenses payable by the Client under this Agreement and JETVINA shall be under no further obligation or liability to the Client by reason of such termination.

14. Consequences of Termination by the Client

14.1 If this Agreement is terminated by the Client pursuant to:

14.1.1 clause 12.1.1 above, the Client shall, without prejudice to any other payment obligations of the Client hereunder, be liable to pay to JETVINA the appropriate cancellation charges referred to in clause 4 of the Agreement above; and

14.1.2 pursuant to clause 12.1.2 above, then the Client shall be liable to pay to JETVINA such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with any and all additional charges, costs and expenses payable by the Client under this Agreement.

15. Confidentiality

This Agreement is strictly confidential between the parties and shall not, without the prior written consent and mutual agreement of the other party, be disclosed by either party, in whole or in part, by any means whatsoever, to any third party (except as required by applicable law, or to such party’s accountants, bankers or legal advisers). If disclosure is required as a result of applicable law, the parties shall co-operate with one another to obtain confidential treatment as to the commercial terms and other material provisions of this Agreement.

16. Assignment

The Client shall not be entitled to assign the benefit of this Agreement to any other person without the prior written consent of JETVINA, which consent may not be unreasonably withheld or delayed but JETVINA may procure the vicarious performance of its obligations hereunder by any other person or company.

17. Variation, waiver, and severance

17.1 A variation of this Agreement shall not be effective unless it is in writing and signed by the duly authorized representatives of both parties.

17.2 The failure of either party to enforce, at any time, any provision of this Agreement or to require, at any time, the enforcement of any provision of this Agreement shall in no event be construed to be a present or future waiver of such provision.

17.3 The express waiver by either party of any provision of this Agreement shall not constitute a waiver of any future obligation to comply with such provision or condition.

17.4 If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

17.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

18. Miscellaneous

18.1 This Agreement constitutes the whole agreement between the parties and supersedes any arrangements, understanding, or previous agreement (whether oral or written) between them relating to the subject matter concerned.

18.2 Each party acknowledges that in entering into this Agreement, it does not rely on and shall have no remedy in respect of, any statement, representation, assurance or warranty of any kind other than as expressly set out in this Agreement.

18.3 Nothing in this clause operates to limit to exclude any liability for fraud.

18.4 JETVINA and the Client are not in partnership with each other and there is no relationship of principal and agent between them. Where the Client enters into this Agreement as agent for another person or entity, the Client’s and that other person’s or entity’s liability under this Agreement to JETVINA shall be joint and several.

18.5 The provisions of clauses 11, 12.2 and 15 shall survive the termination of this Agreement.

18.6 This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original but all such counterparts, when taken together, shall constitute a single instrument.

18.7 Each person in whose favor any indemnity is expressed to be given in this Agreement may in their own right enforce such indemnity.

18.8 Except as provided in Clause 18.7, no person other than a party may enforce this Agreement.

19. Governing law and jurisdiction

This Agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of the Republic of Malta and the parties irrevocably agree that the Courts of Malta shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement. If the Operator brings any action or suit to recover payments due under the terms of this agreement, or to enforce any of its rights or the obligations of the Charterer, the cost thereof, including reasonable attorney’s fees shall be born by the Charterer.

EMERGENCY NEXT OF KIN CONTACT DETAILS

Details of emergency/next of kin contacts can be left on file with JETVINA prior to boarding.One form per passenger has to be filled in and sent back to JETVINA prior to boarding the aircraft.Such information will be treated as confidential and not be accessed unless and until there is a situation of emergency requiring informing the next of kins.

PASSENGER
PASSENGER NAME

NEXT OF KIN #1
NEXT OF KIN NAME
NEXT OF KIN ADDRESS
TELEPHONE NUMBER
RELATIONSHIP TO PASSENGER

NEXT OF KIN #2
NEXT OF KIN NAME
NEXT OF KIN ADDRESS
TELEPHONE NUMBER
RELATIONSHIP TO PASSENGER