GENERAL TERMS AND CONDITIONS – Version 12/10/2023

Together with the Flight Confirmation, the following General Terms of Carriage (hereinafter referred to as "GTC") form an integral part of the Passenger contract between the Passenger and SKYNA (hereinafter referred to as SKYNA or the Broker). Modifications to the GTC are only valid with the written mutual consent and confirmation of SKYNA. This GTC shall apply to all services being rendered by SKYNA and supersedes any prior representation by SKYNA in any advertising, catalogues, written documents, and/or the webpage of SKYNA or any prior agreements between the Contracting Entity or Passenger and SKYNA whether written or oral.

This Agreement is entered into by the Charterer in respect of own-use charter flight(s); An own-use charter flight is a flight on which the entire capacity of the aircraft is taken up by passengers and/or goods of the Charterer or the association or group for whom the Charterer is the agent and which is the object of his trade, business, or industry. Any other type of charter flight will be subject to an application by the concerned Civil Aviation Authority under which the carrier operating the flight(s) hereunder is resorting.

1. Definition

• “Contracting Entity” means the legal entity or individual having booked the flight described in the Flight Confirmation either for his own account as Passenger or for the account of third Passengers.
• “Flight Confirmation” means the confirmation of the flight to be operated by the carrier issued by the broker to the client.
• “Luggage” which is equivalent to baggage, means such Passengers' belongings necessary or appropriate for wear, use, comfort, or convenience in connection with their trip. Unless otherwise specified, it must include both checked and unchecked baggage of Passengers.
• “Passenger” means any person, except crew members, requested to be carried on an airplane operated by a carrier, and with the consent of the carrier and SKYNA, by the Contracting Entity.

2. SKYNA

• As Agent: In the event that a charterer appoints SKYNA as its agent to arrange for charter transportation and ancillary services on suitably qualified aircraft, each qualified air carrier and any aircraft provided will be reasonably selected by SKYNA and will be approved by SKYNA based on industry standards and on criteria specifically determined by SKYNA. In the event that SKYNA appoints a third party charterer as its agent to arrange for charter transportation and ancillary services, any terms and conditions which may be in force between SKYNA and the third-party charterer company shall be flowed down to the Passenger with regard to Passenger obligations and penalties.
• Limitation of Liability: To the fullest extent permitted hereunder, the liability of SKYNA for any damages caused to the Contracting Entity, Passenger, and/or the Passenger’s Luggage shall be precluded, regardless of the legal basis, unless SKYNA is compulsorily liable because of its own direct gross negligence or intentional misconduct. If any aircraft is managed by SKYNA, our liability in the event of death or physical injury arising out of the charter of such managed aircraft is duly limited on the basis of the applicable statutory provisions. Contracting Entity and Passenger shall indemnify and hold SKYNA (including its shareholders, or any of its, or their, directors, officers, or employees) free and harmless from and against any and all third party claims, liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) that may be advanced against SKYNA for any legal reason whatsoever in connection with the services provided by SKYNA to the Contracting Entity or Passenger and to assume any and all expenses and costs that may be incurred by SKYNA due to such claims. To the fullest extent permitted under the applicable law, SKYNA shall in no circumstances be liable for any consequential loss nor for special damages, indirect damages, including but not limited to loss of profits, loss of revenue, or loss of use, alternate lift, diminution of value, even if either Party is informed of the possibility of such damages. To the extent permitted under applicable law, these limitations will apply regardless of whether liability arises from breach of contract, warranty, tort (including but not limited to negligence), by operation of law, or otherwise. In the event that SKYNA sub-charters to a third party provider, the respective air carrier shall be solely responsible for the quality of its work and services, for all injuries to persons, including death, and all physical damage to property occurring on account of or in connection with the performance of its services in full compliance with applicable statutory provisions. Liability in the event of damage to Luggage and lateness are also the responsibility of the respective air carrier in compliance with applicable statutory law. Furthermore, the Passenger hereby undertakes to discharge SKYNA from any third-party claims that may be advanced against SKYNA for any legal reason whatsoever in connection with such claim. All exclusions of liability and limitations of liability in favor of SKYNA similarly apply to its employees, agents, and representatives.

3. Carriage

• Passengers: The air carriage of Passengers on the basis of the contract with SKYNA is subject to the international and national regulations applicable to the individual case and, in particular, to the 1999 Montreal Convention, for example, or, insofar as this is not applicable, to the Warsaw Convention of the 12th of October 1929, in its Hague Protocol version on the 28th of September 1955, whichever is applicable, even when the carriage is not an “international carriage as defined by the convention, and the Montreal Protocol No. 2. In Case of substitution by another carrier, the Convention of Guadalajara of the 18th of September 1961 is applicable. The company ensures that the Carrier shall throughout the term of the Agreement maintain the insurance coverage according to the liability requirements of the Conventions as mentioned herein. SKYNA makes every reasonable effort to convey Passengers and their Luggage both efficiently and punctually. However, according to the applicable law and considering flight safety, the permissible weight of Luggage and the number of Luggage items for every specific flight is the captain in command’s sole and binding decision. The departure and arrival time and also the flight time are specified in the Flight Confirmation or elsewhere but cannot be guaranteed. If necessary, SKYNA can change or cancel the landing destinations and intermediate stops listed on the flight ticket or Flight Confirmation, without prior notice. In particular, SKYNA does not assume any liability for catching connecting flights. The applicable mandatory regulations under international and SAUDI law are reserved, insofar as these give rise to further-reaching liability. The pilot in command of the flight will be in complete charge and control of the aircraft, its crew, Passengers, and their baggage at all times. If, in the pilot in command’s sole discretion, safety of flight may be jeopardized, then the pilot in command may terminate a flight or cancel it, and SKYNA reserves the right to charge the Passenger for the full flight and any additional costs. For security reasons, Passengers are not permitted to have the following articles/materials in or as their Luggage: briefcases/attached cases with built-in alarm systems, lithium batteries and/or pyrotechnical materials; explosives, ammunition, fireworks and flare signals;

gaseous substances (combustible, incombustible, frozen or toxic); inflammable liquids, such as liquid gas for lighters, paints, and solvents.

highly inflammable materials, substances with a high danger of spontaneous ignition, or substances that develop combustible gases when in contact with water; oxidizing substances; toxic and infectious substances; drugs; radioactive materials; etching agents such as mercury; magnetized materials; and other materials on the list of the IATA Dangerous Goods Regulations. Excluded are medical appliances, toiletries, smoking requisites (with the exception of fuel lighters), and alcoholic drinks – only on board outside KSA- where Passengers are transporting these in small quantities and solely for their personal use. For examples reference is also made to Annex 1 which is attached hereto and shall be an integral part of the GTC.

• Minors: Infants and children may be carried on an aircraft seat in a separate child’s seat. The Passenger must personally attach the child’s seat to the aircraft seat with the available seatbelt. The child’s seat must be suitable for use on board an aircraft. Otherwise, SKYNA is entitled to refuse to carry the child’s seat in the cabin. SKYNA is not liable for the consequences if the Passenger attaches the child’s seat incorrectly, if it is defective, or if the instructions of the crew are not followed. The pilot in command of the flight may, in his/her sole discretion, terminate or cancel a flight due to the child’s behavior, medical condition, or psychological condition, and SKYNA shall have the right to charge the Passenger for the full flight and any additional costs. Damages caused by the child’s seat in and to the aircraft and its interior may be charged to the Passenger. The crew may require the Passenger to provide evidence of their right to carry a minor if e.g. their surname does not show that they are related. If the Passenger cannot provide this evidence, SKYNA will only carry the minor at its discretion. SKYNA is not liable if a minor is carried without the consent of its legal representative.

4. Aircraft SKYNA and the Operator/Carrier reserve the right, without giving any reason or advance notification, to substitute another aircraft(s) for the Aircraft specified in this Agreement. In case the contracted Aircraft becomes unserviceable or unavailable, SKYNA shall be entitled, but shall not be obliged, to substitute an alternative aircraft and/or carrier. In the latest mentioned case, the Charterer undertakes to accept all the terms and conditions concerning cancellation, operational control, deviation, and delays of the subcontracting agreement between SKYNA and this Operator/carrier.

• Damage to Aircraft: Passenger agrees to reimburse the Operator/Carrier through SKYNA for all costs and expenses incurred by the qualified air carrier or the aircraft’s owner in connection with any loss or damage to the charter aircraft which is caused by the negligence or misconduct of the charterer or Passengers, its employees, agents or guests; barring normal wear and tear which is exempt.
• Substitution – Subcontracting by the Operator/Carrier and/or SKYNA: SKYNA and the Operator/Carrier shall be entitled, without giving any reason, to substitute (an)other aircraft(s) for the Aircraft specified in this Agreement. In case the contracted Aircraft becomes unserviceable or unavailable, SKYNA shall be entitled, but shall not be obliged, to substitute an alternative aircraft and/or carrier. In the latest mentioned case, the Charterer undertakes to accept all the terms and conditions concerning cancellation, operational control, deviation, and delays of the subcontracting agreement between SKYNA and this Operator/carrier.

5. Subcontracting by the Charterer Charterer shall not subcontract or give in use wholly or in part the chartered space and/or payload of the Aircraft without prior written approval of SKYNA. Unless expressly otherwise agreed in writing, any such approval by SKYNA is given subject to the condition that the subcontractor shall abide by all obligations imposed upon Charterer and that the Charterer shall assume full responsibility for all acts or omissions of the subcontractor and his officers, employees, or agents.

6. Legal Documents

• Air Operator’s Certificate and Authorizations: The Charterer hereby confirms that he is aware of the conditions attaching to the Air Operator’s Certificate granted by the concerning Civil Aviation Authorities of the Operator/Carrier under which the flight(s) contemplated under this Agreement will be operated and warrants that he will abide by such conditions and will do no act likely to prejudice the Carriers position under the conditions of the Air Operator’s Certificate. Authorizations (permits from governmental or other authorities) necessary for the performance of the flight(s) will be applied for by the Operator/Carrier unless it has been agreed that this will be done by the Charterer. The consequences of the refusal, untimely granting, or cancellation of authorizations for all services or part of them are dealt with as per mentioned in this GTC.
• Travel documents and entry regulations: Passengers are aware that they are responsible for ensuring that they have the necessary valid travel documents and visas for entering their destination. SKYNA does not assume any responsibility for compliance with the regulations governing Passenger entry. If SKYNA has to pay fees or fines for missing documents or visas, the Passenger or charterer shall be obliged to hold SKYNA fully harmless in this respect and shall also pay SKYNA an appropriate compensation for the inconveniences resulting thereof.
• Personal Data: Authorities of certain countries may require that SKYNA transfers to them specific travel data related to the Passenger’s journey for security and immigration purposes. SKYNA is authorized to transfer to such authorities so-called Passenger name record (PNR) data, including but not limited to, Passenger’s name, date of birth, home address, contact phone numbers, information on travel partner, date of reservation, ticket issuance, payment information and travel itinerary, information concerning baggage, changes to the PNR etc. Data could be transferred to countries where the data protection is not equivalent to that provided in the home country of the Passenger.

7. Payments and Amounts

• Personal Data: SKYNA will only approve flights to carry out after having received the signed Agreement, GTC, and advance payment of the agreed cost of transport by Credit Card or Bank Transfer.

• No set-off or counterclaim: All payments by the Passenger under the GTC respectively the Charter Agreement shall be made without setoff or counterclaim whatsoever unless a Passenger’s claim against SKYNA is accepted in writing by SKYNA or is based on an enforceable verdict rendered by a court of competent jurisdiction in Riyadh, Kingdom of Saudi Arabia.

• Charges, Prices, Payments, and Taxes: The Charterer agrees to pay SKYNA the total charter price as mentioned in this Agreement on or before the date(s) mentioned in the Payment Conditions as set out overleaf in the currency at the place and by the method mentioned on the invoice and this Agreement. The charter price shown in this Agreement includes all expenses of operating the Aircraft, maintenance (scheduled and unscheduled), insurances, remuneration and expenses of personnel including crews, running costs, airport fees, ground service charges, parking fees, costs for the service for passengers during the time they are on board in accordance with this Agreement. Not included in the charter price are all other costs including but not limited to costs of ground transportation to and from the airports, costs for visas, custom inspection fees, custom duties, the costs of dunnage insofar as this has to be provided by SKYNA and all special and/or extra costs and taxes incurred by the Operator/Carrier or SKYNA with respect to passengers, goods and livestock in case of emergency landings and all other landings not specified in the schedule of this Agreement. The charter price shown is based on costs current at the time of signing the Agreement. Should there be an increase of 3% or more in costs between the date of signing the Agreement and the completion of the flight(s), and if such costs are beyond the control of SKYNA or the Operator/Carrier, SKYNA shall have the right to charge such costs to the Charterer. SKYNA shall furnish the Charterer full details of the increase(s). For any damage done during flights on the aircraft interior, SKYNA has the right to charge such costs to the Charterer, as also mentioned in point (7).

  A) SKYNA prefers to accept credit cards (VISA/MasterCard/AMEX) and reserves the right to demand a fee of 3% of the total amount. B) The prices offered are subject to industry and related price fluctuations. C) The Passenger shall bear, hold harmless and indemnify SKYNA for any and all taxes and fees incurred and payable in any country in connection with a booked flight. All fees, taxes and other charges imposed by third parties regarding Passengers, or their use of services are owed by the Passenger in addition to the fares.

  • Cancellation fees: The cancellation of the Charter contract shall be in writing to be valid and accepted by SKYNA as per confirmed Agreement, under stipulation “Cancellation terms”. Cancellation by SKYNA: In the event of any breach by the Charterer of any provision of this Agreement, or if the Charterer becomes insolvent, goes into liquidation or is declared bankrupt, SKYNA shall have the right to cancel this Agreement and, in the event that a service has commenced, to terminate such flight all without liability of any kind to SKYNA and, to retain all amounts as have been paid by the Charterer and, to demand all other amounts due under the terms of the Agreement regardless of its cancellation. Neither the payment of the charter price nor the termination of the Agreement for any of the aforesaid reasons shall affect SKYNA’s right to collect damages from the Charterer. If SKYNA is unable to perform or complete any service considered by this Agreement, more particularly when the Aircraft becomes unserviceable or unavailable –for whatever reason, including technical problems with the Aircraft- for one or more of the contracted flight(s), or authorizations for all services or part of them are refused, untimely granted or cancelled, SKYNA shall have the right to cancel the flight(s) contemplated under this Agreement, and it shall be under no further obligation or liability to the Charterer beyond the refund of the charter price or the sum paid for that part of the flight(s) concerned.

  • Specifics: The flat rate (or fixed price) does not include the following costs:

    • Insurance surcharges for countries that are excluded from the regular insurance policy.
    • Extra charge for any costs due to weather conditions or any flight delays or diverted landings determined by Air Traffic Control or other relevant authorities.
    • De-icing charges.
    • Special catering such as, for example, caviar or special wines and spirituous beverages.
    • Charges for limousine transfers, taxis, etc.
    • Any communication fee, including but not limited to, e.g. fee for SatPhone and Wi-Fi.
    • Costs and charges for extending opening hours of Airports.

  8. Changes

  • Delay of Passengers and deviations: SKYNA will use its best efforts to wait for Passengers for up to 30 minutes after the scheduled departure time (the "Grace Period"). If the Passengers do not show up within the Grace Period, SKYNA will cancel the flight according to Clause 7 as a “no show.” In case of delay in the commencement or completion of any of the services considered under this Agreement caused by the Charterer or anyone acting on his behalf, demurrage shall run against the Charterer for the period of such delay at an amount per block hour as applicable by the Carrier and eventual other costs charged to SKYNA due to the delay. In the latest mentioned case, this is only when the Captain in Command uses his discretion to wait longer than 30 minutes for Passengers. Deviation from and delay of any of the services considered under this Agreement through the action of or at the request of the Charterer may involve alterations in the charter price. The Charterer shall pay SKYNA in addition to the charter price any costs or expenses incurred by the Carrier and/or SKYNA arising out of such deviation and/or delay. In the latest mentioned case, at least the demurrage rate as set out overleaf shall apply. The captain of the Aircraft shall have complete discretion as to where landings should be made, and the Charterer undertakes to accept all such decisions of the captain. The times shown in the flight schedule of this Agreement are approximate and not guaranteed by SKYNA, who has the right to deviate from the flight schedule due to reasonable circumstances, without any liability. SKYNA shall also not be responsible for delays caused by Air Traffic Control, slot restrictions, labor and civil disturbances, mechanical failures, crew duty time limitations, local or national or international regulations, severe weather conditions, or other causes beyond their reasonable control.

    • (a) It is necessary for reasons of safety or security or to avoid a breach of regulatory or statutory condition in the state in which the flight departs or lands or whose airspace is used; or
    • (b) If the carriage may endanger the safety or health or not insignificantly impair the well-being of the crew, including but not limited to a risk (real or assumed) of infection of Covid-19; or
    • (c) the Passenger(s) has/have refused to submit to a security check; or
    • (d) the Charterer has not paid the contractually agreed fare shown in the Flight Confirmation; or
    • (e) the Passenger(s) is/are not in possession of valid travel documents; or
    • (f) the Passenger intentionally damages the interior and/or exterior of the aircraft; or
    • (g) the Passenger harasses one or more crew members in a sexual or otherwise unacceptable way.
    • (h) such measure is necessary to avoid a conflict with the rules of states of take-off, overflight and destination.
    • (i) Passenger’s personal conduct, condition or state of health or state of mind is of a kind that:
      • the person suffers from infectious illness;
      • the person requires special support from the airline which cannot be granted by the captain, or if such support would cause disproportionate inconvenience.
    • (j) the person causes substantial or repeated annoyance, or his / her presence will be intolerable to other Passengers.
    • (k) The person exposes himself /herself, other persons, or objects to danger.

    If a Termination occurs for one of the aforementioned reasons, all claims to carriage and/or damages in lieu are expressly excluded and SKYNA shall have the right to charge the Passenger or the Contracting Entity for the full flight and any additional costs.

  • Operational changes: Extra costs due to necessary and/or requested operational changes caused by the Passenger may be charged at a later date. In case such operational changes shall cause the cancellation of a booked flight, the cancellation fees pursuant of Clause 7 shall apply.

  • Force Majeure: Neither party to this GTC shall be deemed to be in breach of its obligations (except duty to pay on time) hereunder or have any liability for any delay or cancellation caused in whole or in part from any acts of nature, civil or military authority, terrorism or threat thereof, strike or labor dispute of the Operator/Carrier, damage to or loss of aircraft, mechanical failure, lack of essential parts or supplies, or any cause beyond the control of such party; provided, however, that if a flight is terminated prior to completion, due in whole or in part to any such cause, then SKYNA shall charge Passenger only the cost attributable to transportation theretofore arranged and performed by qualified air carrier.

  9. Law

  • Governing Law: The parties hereto agree that this provision and the GTC, all transactions executed hereunder and all relationships between parties in this connection shall be construed under, governed and interpreted in all respects exclusively by the laws of the Kingdom of Saudi Arabia. The Agreement, that is considered to constitute the entire understanding between SKYNA and the Charterer, is constructed according to and governed by Saudi Laws and the applicable regulations of the Kingdom of Saudi Arabia. The parties hereby will submit to the exclusive jurisdiction of the Royal Courts of Riyadh, Kingdom of Saudi Arabia. Should an action instituted against SKYNA in another country where this provision would not be held valid, the dispute shall be finally settled under the Saudi Civil rules about “arbitrage”. Any disputes arising from or in connection with the Charter contract between the Passenger and SKYNA, including the formation and validity of said contract, shall be subject to the exclusive jurisdiction of the Royal Court, Riyadh, Kingdom of Saudi Arabia. If SKYNA or the Operator/Carrier 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 borne by the Charterer.

  • Invalidity of contractual provisions: If one or more clauses of the present terms are illegal or not enforceable, the remaining provisions shall still remain binding.

For any clarifications or explanations, Please do not hesitate to contact us at info@skyna.com

ANNEX 1 TO GENERAL TERMS OF CARRIAGE DANGEROUS GOODS

THIS LIST IS NOT COMPLETE

CAUTION:

Due to the fire risk of electronic cigarettes (e-cigarettes), they must be carried in the hand luggage and placed in the cabin only, not stored in the luggage compartment.

Passengers are reminded of the necessity to immediately inform the cabin crew in the event a device is damaged, hot, produces smoke, is lost, or falls into the seat structure.

In accordance with International Civil Aviation Organization (ICAO) Electronic Bulletin (EB) 2014/ AN 11/2.1 “Dangerous Goods Carried by Passenger and Crew — Incidents Related to Electronic Cigarettes” dated 10 December 2014. Federal Aviation Administration (FAA) Safety Alert for Operators (SAFO) 15003 “Fire Risk of Electronic Cigarettes (e-cigarettes) in Checked Baggage” dated 22 January 2015.