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AIRCRAFT CHARTER TERMS AND CONDITIONS

1. Definitions

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1.1 These Terms and Conditions ( hereinafter the “T&C’” or “Agreement” ) together with any additional terms set out in any relevant quotation and/or Booking Confirmation (“Confirmation”) form the contractual basis for the provision of Flight Services (defined below) by Altara Group FZE  known here as, (“Altara Group”) (collectively hereinafter, the “Terms”).

 

1.2 The Terms are applicable for commercial transport of Passengers and/or any permitted goods and/or animals from an agreed point of departure to an agreed point of arrival.

 

1.3 Point of destination as more particularly detailed in the quotation (“Flight Services”).

 

1.4 The contract may be concluded with (i) an end client or (ii) an agent on behalf of an end client (either (i) or (ii) being, as context demands, the “Client”). Where the Client executes this contract as an agent, the Client warrants (on its own behalf and as agent for the end client) that (a) it is bound by these Terms jointly and  severally with the end client, and (b) it has all requisite power and authority to bind the end client. Any Client entering into this contract agrees to be held liable for any breach of the Terms by any passenger utilizing the Flight Services (“Passenger/s”) and generally for the acts and omissions of those Passengers.

 

“Agreement” means the aircraft contract terms and conditions signed between the Client and Altara Group, of which these General Conditions form an integral part.

“Flight Quotation” means the agreement constituted collectively by the Flight Quotation and the Agreement, the Booking Confirmation, and the General Conditions.

“Schedule time of departure” (“STD”) means the scheduled departure time of any Flight Segment, including, when applicable, the departure time of any positioning of the Aircraft for the first Flight Segment of a Trip.

 

2. Confirmation of Contract

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2.1 The quotation issued by Altara Group constitutes a non‐binding offer. Only the issuance of a Confirmation (which may also be termed a “Booking Confirmation”) by Altara Group constitutes a binding offer which requires acceptance within the stipulated acceptance period. If such acceptance period lapses, Altara Group shall not be bound by its Confirmation.

 

2.2 The Flight Hours Agreement, the Charter Flight Confirmation, and these Terms collectively constitute a contract of carriage (the “Contract”) between the Client and the relevant Altara Group entity for the transportation of passengers and/or goods from the point of departure to the destination as specified in the Charter Flight Confirmation. In the event of any contradiction between these Terms and the Charter Flight Quotation, the latter shall prevail to the extent of such contradiction.

 

2.3 The Client acknowledges on behalf of the passengers it represents, who will be physically present on board the relevant charter flight (the “Passengers”) and warrants its authority to give such acknowledgement on their behalf that no individual contract of carriage will exist between the Client’s individual Passengers and Altara Group. This holds notwithstanding the issuance of a passenger ticket by the Client or any other third party.

 

Amendments to the Contract are valid only if confirmed in writing by Altara Group. Therefore, the Contract shall take precedence over any other terms and conditions proposed by the Client. As a result, all clauses and/or conditions appearing on letters, emails, faxes, receipts, and/or other documents issued by the Client before or after the entry into force of the Contract shall not be binding on Altara Group.

 

2.4 The return of the Confirmation duly signed by Client, if an individual, or by an Officer of Client with authority and approval to bind Client, if a corporation, shall constitute a binding contract of carriage between Client and Altara Group and shall be governed by the Terms. Such Officer shall, upon any breach of the Terms by the Client, become jointly and severally liable with the Client for all the Client’s representations and obligations under the Terms.

 

Exclusive of Price: Altara Group shall issue an invoice concurrently with the issuance of the Charter Flight Confirmation. The Client shall make payment of the price by the time specified on the invoice, but unless otherwise stated, payment shall have been received in full by Altara Group at the latest 72 hours from receipt of the invoice or 72 hours prior to departure, whichever is earlier. The flight will only be firmly booked once the full price has been paid, and Altara Group shall be under no obligation to perform flights before payment by the Client of the full price. If the Client fails to make any payments at the time and in the amount specified in the invoice, Altara Group may, by written notice, terminate the Contract with immediate effect. All payments shall be made by bank transfer to the bank account, the details of which shall be stated on the invoice, or by credit card (additional fees may apply), in full, without set-off, counterclaim, deduction, or withholding of any kind.

 

3.  Performance of Flight Services

 

  • Altara Group shall have the right to assign the performance of the Flight Services to a third-party actual carrier. Client and Client’s Passengers shall comply with all applicable laws, including aviation regulations, as well as the rules, policies, and practices of any third-party carrier, including their general terms and conditions of carriage (or other similarly named document), insofar as these each impose binding obligations or restrictions on Client and/or Passengers, and shall conduct themselves in an appropriate manner.

  • The Flight Services will be performed pursuant to and in accordance with the Terms and the operating procedures approved by the competent authority of the contractual or the actual carrier, as the case may be.

  • Flight Services are planned with a set of one (1) crew (Pilot in Command, Co-pilot), subject to crew duty time and rest period restrictions by applicable duty limitation regulations.

  • Aircraft-Specific: The flights covered by this Contract are specific to the aircraft designated. Altara Group reserves the right at any time to provide the Client with a similar aircraft at the same cost should the booked aircraft be unavailable for any reason. In the event that no alternative aircraft can be sourced, Altara Group further reserves the right to cancel any or all of the flights to be performed under the Contract. In such a case, neither party shall have any claim or liability against the other in respect of such cancelled flight(s), except for the obligation of Altara Group to refund to the Client an amount equal to the payments previously made by the Client in respect of the relevant flight(s).

 

4.  Included and Excluded Costs

 

Costs Included: ​

(i) aircraft costs, including insurance, fuel, and maintenance;

(ii) air navigation fees;

(iii) crew costs, including daily allowances, meals, accommodation, and ground transportation;

(iv) in-flight catering; and

(v) passenger and cargo insurances and taxes.

 

The Price (as stated on the Confirmation) does include aircraft costs, including crew, fuel, maintenance, air navigation, airport and handling charges, inflight Altara Group standard catering (depending on flight time and time of day), Passenger and baggage insurance.

 

The price of the Contract excludes the following: ​

(i) surcharges of any type, including, but not limited to, surcharges on fuel, cargo, and insurance, including but not limited to war risk insurance;

(ii) all airport charges;

(iii) de-icing of aircraft; 

(iv) extra catering and special catering requests, such as but not limited to caviar and special wines or spirits;

(v) special cargo requests;

(vi) satellite phone and internet connection;

(vii) installation of decals on aircraft fuselage;

(viii) ground transportation;

(ix) credit card surcharges; and

(x) any other extra charges due to weather conditions, flight delays, or diverted landings as determined by Air Traffic Control or other relevant authorities.

 

The cost of the above will be invoiced separately at cost after the flight has occurred and after receipt by Altara Group of the invoice from the relevant supplier or service provider, and must be immediately reimbursed to Altara Group by the Client. Altara Group reserves the right to charge a ten per cent handling fee for such invoices.

 

However, the price remains subject to industry-related fuel prices and exchange rate fluctuations. Contract prices are calculated on the assumption of a reasonable amount of luggage per passenger. Altara Group reserves the right to charge additional costs for the carriage of oversized or overweight cargo or luggage.

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  • The following costs are not included and shall be charged separately to Client at cost, including applicable taxes plus a handling surcharge of 10%:

    • Insurance surcharges;

    • SATCOM services;

    • Special catering requests such as, but not limited to; caviar and special wines or spirits;

    • Cabotage permission costs;

    • VIP terminal, special handling, helicopter and/or limousine services;​​

  • Any other concierge services rendered by Altara Group upon request by Client; and

    • Supplement of speciality cabin crew (beyond what is assigned), as requested by Client and/or any Passenger.

    • In such an event, Client acknowledges and agrees that if Altara Group has to use an enlarged or second crew, this may necessitate the crew being in the cabin during the flight.

    • Taxes, if applicable, will be posted separately on the quotation/invoice.

 

5. Payment

 

5.1 All payments due to Altara Group shall be made upon receipt of invoice and in cleared funds received by Altara Group by the payment date(s) specified by Altara Group on the Confirmation or otherwise in writing to the Client or (if no such date(s) are specified) by one (1) business day before the flight date (each, the “Due Date”), without setoff or deduction. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday or weekend), the due amount and payable amount shall be received and credited to Altara Group’s account on the last preceding business day. Payments are to be made at the cost of the sender in the currency to the bank account stated on the invoice.

 

5.2 Where the Client does not remit payment by the Due Date, the payment due shall be increased by three per cent (3%), save in the case where the Client has made the booking within twenty-four (24) hours of the confirmed departure time. In addition, late payments shall be subject to interest at 10% of the outstanding sum per annum (pro rata) from the date due until Altara Group’s receipt. Altara Group shall not be in breach of contract if it suspends Flight Services or additional services until receipt of funds.

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5.3 Incoming payments shall first be offset against the oldest debt. Payment, which is not sufficient to cover the entire debt, will first be offset against the interest and finally against the principal debt.

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5.4 If the payment has still not been made after issuance of a reminder and the setting of a deadline for payment, Altara Group shall be entitled to withdraw from the contract of carriage and cancel the booking, subject to cancellation charges as set out in Section 8. Altara Group may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In such an event, Altara Group may withdraw from the contract of carriage and refuse performance of Flight Services, subject to cancellation charges as set out in Section 8.

 

5.5 Major credit cards may be accepted. If a credit card institute or a bank refuses to honour the payment required under the contract, Altara Group shall levy a processing charge of USD 600 in addition to any charges made by the credit card institute or the bank.

 

5.6 Currency: The price of the Contract is stated in the currency indicated on the Charter Flight Quotation, and payments shall be made in the same currency.

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5.7 Client and Passenger shall be jointly and severally liable for the payment of

(i) the Flight Services,

(ii) taxes on, or related to, the provisions of the Flight Services,

(iii) any additional costs set out in the quotation, Confirmation and/or this Agreement, and

(iv) the cost of any damage or losses caused as a result of the conduct of the Client and/or any Passenger (including the cost of cleaning, disinfecting or repairing an aircraft exterior and/or its cabin and furnishings).

 

6. Flight Changes and Delays

 

6.1 Altara Group and the actual carrier shall endeavour to the best of their ability to ensure punctual carriage of Passengers and baggage. However, the announced flight times and/or airports are subject to reasonable changes owing to operational and technical circumstances beyond Altara Group’s and/or the carrier’s control (for example, cancellation of a landing permit). In the event of a change to an airport, Altara Group may select at its discretion a reasonable alternative airport for the Flight Services.

 

6.2 The Client is responsible for ensuring that Passengers arrive adequately in advance of the scheduled departure time. Altara Group and/or the actual carrier’s ability to satisfy any variation in the Flight Services shall always be subject to crew duty times and rest periods, and the availability of additional crew.

 

6.3 Client may request a departure delay beyond any confirmed departure time. Altara Group shall agree to such delay if:

(i) It is compatible with the operator’s aircraft availability

(ii) is compatible with crew duty time restrictions, applicable aviation regulations and air traffic control requirements and (iii) does not impact other clients of Altara Group or an affiliate (either as determined by Altara Group at its sole discretion).

 

If Client delays a flight beyond the agreed departure time for any reason that is not the fault of Altara Group, the Flight Services shall be deemed to be cancelled by Client.

 

7.  Substitutions

 

7.1 Altara Group reserves the right, at its sole discretion, to provide Client with an equivalent or superior aircraft (“Substitution Aircraft”).

 

7.2 In the event Altara Group determines that a Substitution Aircraft is not available to provide the Flight Services, Altara Group shall advise Client without delay and provide a revised quotation, which may include revised pricing, to arrange an alternative aircraft (“Alternative Aircraft” that is not a Substitution Aircraft. If Client agrees to (or is deemed to agree to – see below) the Alternative Aircraft, Client shall be liable for the fees and charges set forth in the original booking confirmation plus any excess fees and charges agreed to for the Alternative Aircraft.

 

7.3 Client will have the opportunity to terminate this Agreement if (i) a Substitution Aircraft is required to provide the Flight Services and Altara Group determines Client must pay additional costs for such Substitution Aircraft, or (ii) an Alternative Aircraft is required to provide the Flight Services, provided, however, Client must provide written notice of termination to Altara Group no later than (i) five (5) hours following notification, or (ii) at a later deadline if provided by Altara Group at its sole discretion.

 

Failure to provide notice in the allotted time shall be deemed affirmative consent, including associated costs.

 

7.4 For the avoidance of doubt, if an Alternative or Substitution Aircraft is required while en route during a multi-leg Flight Service, any written termination pursuant to Section 7.3 above shall apply prospectively for all impacted legs only. All prior legs shall be governed by the original Booking Confirmation. Consequently, Altara Group shall refund Client a pro rata proportion of the Price relating to those legs remaining as at the time of termination.

 

8. Cancellation

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Cancellation Fees: If, after issuance of the Charter Flight Confirmation ​

(i) a flight is cancelled by the Client or the Passengers,

(ii) the Client requests a schedule change which Altara Group cannot accommodate, or

(iii) Altara Group is prevented from performing the flight due to any act or omission of the Client or any Passenger,

then the flight shall be deemed cancelled by the Client and unless otherwise stated in the Charter Flight Quotation, the following cancellation fee (expressed below as a percentage of the total price of the Contract) will be paid by the Client, or retained by Altara Group from the amount already paid by the Client, as the case may be: If the Client wishes to cancel any Flight or Flights subject to this Agreement, the following rates will be paid forthwith by the Client to Altara Group as agreed compensation:

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  • 25% of the Agreed Price if cancelled after contract exchange;

  • 50% of the Agreed Price if cancelled within 72 hours prior to the Scheduled time of Departure (“STD”);

  • 75% of the Agreed Price if cancelled 48 hours prior to STD;

  • 100% of the Agreed Price if cancelled within 12 hours of STD.

 

Payment should be executed and reflected in the ALTARA GROUP account prior to STD. If a positioning flight to the point of departure is necessary, then the above cancellation fee periods will be considered from the time of cancellation to the date of departure of such positioning flight.

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8.1 Flight Services shall be deemed cancelled by Client in the event of: ​

(i) cancellation of any booked flight communicated by the Client to Altara Group in advance of the commencement of Flight Services,

(ii) a delay of any Passengers and/or Client impacting the scheduled time of departure unless specifically agreed by Altara Group in advance in writing at its sole discretion, and/or a no-show,

(iii) any refusal or inability of the Client and/or any of its Passengers to comply with the reasonable instructions of Altara Group, air carrier, and/or the pilot-in-command, including, without limitation, pursuant to Section 3 of the TCs,

(iv) flight safety and/or health and/or security reasons leading the pilot‐in‐command and/or Altara Group and/or the actual carrier to reasonably deem it necessary to cancel or terminate a planned flight,

(v) failure to provide necessary health and safety documentation requested by Altara Group and/or air carrier at their sole discretion by the deadline provided,

(vi) inability of Client and/or Passenger to secure exit from the departure destination or entry to the arrival destination,

(vii) Client failing to make any payment prior to the Due Date.

 

8.2 For the purposes of calculating the cancellation fee for a multi-leg Flight Service, as noted in the Booking Confirmation, ​

(i) the departure shall refer to the departure of the first scheduled flight leg, and

(ii) the price shall refer to the total Price of the multi-leg Flight Service. For the avoidance of doubt, where the first scheduled flight leg has already occurred, Altara Group shall apply a 100% cancellation fee.

 

8.3 Altara Group and/or the actual carrier reserves the right to cancel, without liability for loss, injury, damage or delay, Flight Services under the Terms, including where Altara Group, in its sole discretion, deems such cancellation necessary as a result of the Client and/or any Passenger not complying, or being unable to comply, with any of the requirements in Section 2 or Section 3 of the TCs.

 

8.4 In such circumstances set out in Sections 8.1 and 8.3:

(i) the Cancellation Fees set out on the relevant quotation or Confirmation shall each be applicable and payable by Client,

(ii) and the costs of any additional goods and/or services arranged by Altara Group at the Client’s request through third-party supplier(s) ancillary to the actual booked flight shall also remain the responsibility of the Client and shall be charged to the Client.

 

8.5 In the event of:​

(i) a Force Majeure Event

(ii) Altara Group and/or the actual carrier cannot, at their sole and final discretion, confirm operational feasibility of a flight. Altara Group reserves the right to cancel this Confirmation without prejudice or cost, and shall promptly refund to Client all amounts paid by Client pursuant to these Terms.

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60-day refund: “In the event of a duly authorised cancellation under this Agreement, Altara Group shall commence the refund process within sixty (60) working days following the receipt of a valid cancellation notification. However, should unforeseen circumstances arise or if the refund process encounters delays resulting from any matters or disputes, the specified time frame may be subject to extension.”

 

8.6 Any reimbursement of flight charges and of any other amounts paid by the Client in advance of the booked flight shall be subject to the deduction of any amounts outstanding owing to Altara Group, including Cancellation Fees. Any remaining balance of the sums paid by the Client shall be promptly repaid to the Client. If the funds paid by Client are not sufficient to cover the Cancellation Fees, Client undertakes to make payment of any additional sums required to cover the Cancellation Fees within seven (7) days of the date of issue by Altara Group of an invoice to the Client for such sums.

 

8.7 Altara Group will not be liable to the Client for any loss or expense incurred by the Client or any Passenger in the event of cancellation due to their failure to comply with the provisions set out or referred to in these Terms.

 

9. Severability

 

Should any one or more clauses of the Terms be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.

 

10. Miscellaneous

 

10.1 Aircraft availability shall always be subject to the carrier being able to obtain appropriate permits and permissions, including but not limited to; ​

(i) traffic rights,

(ii) customs and immigration approvals,

(iii) operational approvals,

(iv) take-off and landing slots,

(v) insurance and compliance of Client and/or Passengers with applicable laws, rules and requirements, including immigration, customs, agriculture, currency and health regulations and sanctions applicable at each destination.

 

Client shall provide Altara Group no later than 24 hours or by the date set by Altara Group prior to departure with a complete passenger list, passport copies including applicable visa and all other necessary information, valid documentation and any other operational requirements for the requested Flight Service. Altara Group reserves the right to refuse the arrangement of Flight Services if the entry and exit requirements for the country of departure or destination are not met, or if the required documentation/certification is not presented, without being liable for any damages due to such refusal of the arrangement of Flight Services.

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Client and its Passengers shall be jointly and severally liable for any damages resulting from any incorrect or incomplete information provided to Altara Group or from the delayed or improper provision of such information.

Client, in its own capacity and on behalf of its Passenger, indemnifies Altara Group and its affiliates in respect of claims for damages due to boarding denied by the carrier and all costs incurred in connection with Client or its guest not complying with all legal requirements of the country of departure, transit countries and the country of destinatio,n such as but not limited to,​

(i) surcharges, fees,

(ii) fines,

(iii) levy including lawyer costs and costs of repatriation.

 

Furthermore, Altara Group and its affiliates shall not be liable or in any way responsible to the Client or Client’s Passengers if they or the carrier is unable to secure such permits and permissions ahead of the Flight Services.

 

10.2 Client shall use the aircraft only for their own pleasure or for business in the carriage of Client and/or Passengers, and shall not use the aircraft: ​

(i) to offer or to provide transportation of passengers or cargo for remuneration of any kind;

(ii) in violation of any applicable law and/or the insurance requirements;

(iii) for any illegal purpose, including in violation of any applicable law or sanctions; or

(iv) for any commercial use, including photography/filming, without prior written approval.

 

Altara Group or the carrier may deny boarding to any Passenger who is listed on “no-fly” or similar lists, who lacks appropriate travel documents for international travel, or who is ineligible for transportation for any other reason.

 

Client shall be fully responsible for ensuring Client and all officials, employees and guests on the aircraft are eligible for carriage and comply with all applicable laws. Client has no proprietary rights in any aircraft utilised by Client pursuant to this Agreement, and shall not cause, permit or allow any mortgage, charge, pledge, lien, hypothecation, assignment, claim, or any other encumbrances whatsoever to be placed against the aircraft.

 

10.3 This Agreement does not create a joint venture, partnership, or any other form of business relationship between the parties. Where more than one person and/or legal entity is designated as Client pursuant to this Agreement, then each person and/or legal entity shall have joint and several liability to Altara Group under this Agreement. The Terms set out the entire agreement between the parties. No special terms, representations, assurances, promises or warranties shall be binding on Altara Group or its affiliates except as set out expressly in the Terms. Any amendment to the Terms must be in writing and agreed to in writing by both the Client and Altara Group.

Any amendments to the Terms by the Client are null, void and of no effect unless agreed to by Altara Group in writing in those amended Terms.

 

10.4 Where applicable, any conversion between currencies shall be calculated at Altara Group’s discretion based on a commercially accepted and reputable currency exchange.

 

10.5 Each party’s rights and remedies under this Agreement are cumulative and not alternative and are not exclusive of each other.

 

10.6 For the avoidance of doubt, Altara Group and its affiliates shall have no duty to mitigate any loss arising from the failure by the Client to pay any amount due under this Agreement, whether by transporting any third parties for consideration on the Aircraft, by disposing of the Aircraft, or by any other manner.

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10.7 The collection, use, and processing of personal data of natural persons related to the Flight Services is governed by the TCs. By submitting personal data to Altara Group or an affiliate about any natural person, including Passengers, the Client hereby confirms that:

(i) the Client has been appointed to act for such persons;

(ii) such persons consent to the processing of their personal data, which data may also include sensitive personal data; and

(iii) the Client will inform such persons of Altara Group’s identity and the Privacy Policy, including the sections regarding types of personal data collected, how it is used, and who it is shared with.

 

10.8 Altara Group may, at its sole and full discretion, allocate all or part of any payment received pursuant to these Terms to offset or settle (in full or in part) any sums due from the Client to Altara Group or to an affiliate thereof under any other contract (“Allocation”). For the avoidance of doubt, Client shall remain liable for the full amount due under these Terms and shall, immediately upon Altara Group’s demand, make a further payment equal to the Allocation.

 

10.9 Neither party shall be liable to the other or to its affiliates for any indirect, special or consequential damages including, but not limited to, loss of profit and/or punitive damages of any kind or nature, under any circumstances or for any reason including, but not limited to; losses suffered by client and passengers as a result of any delay or failure or breach by Altara Group its employees or agents in providing or operating flight services, including related additional services under these terms. Client and passengers shall not be entitled to assert any responsibility on the part of Altara Group for any direct damages or losses relating to additional services arranged at the client's request unless such losses have been caused by Altara Group’s willful misconduct.

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10.10 Client hereby represents, warrants, undertakes and acknowledges that: ​

(i) to the extent that any laws, statutes, regulations, and codes relating to anti-bribery, anti- corruption, anti-money laundering, terrorist financing, and unfair and prohibited business practices (including but not, to, the US Foreign Corrupt Practices Act and the  UK Bribery Act 2010) (collectively referred to herein as the “Laws”) apply to any aspect of the relationship between Altara Group and Client, Client shall at all times comply with the Laws and will remain in compliance with the Laws;

(ii) any funds or monies paid by Client pursuant to the Terms shall not have been derived as proceeds of money laundering, terrorist financing and/or of any other illegal or criminal act or activity;

(iii) Client is not a Designated Party (a “Designated Party” means any person or entity that is designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation that would prohibit Altara Group from engaging in a transaction with that individual or entity under applicable law), or the subject or target of any economic or trade sanction law or regulation or travel ban;

(iv) no employee or director or owner or shareholder or parent company or affiliate or subsidiary of Client, and no Passenger travelling on board the Aircraft, is a Designated Party, or the subject or target of any economic or trade sanction law or regulation or travel ban;

(v) Client will promptly notify Altara Group in writing should it know, or have reason to know, of any change or potential change in status under this Section and/or any change in Client’s name, address, (where a corporation) Ultimate Beneficial Owner or (where a trustee) trust beneficiary/ies;

(vi) any and all information and documentation provided by Client to Altara Group during Altara Group’s due diligence process are accurate and complete;

(vii) Altara Group may be legally bound to file reports to any competent authority concerning any breach by Client, or by any of its guests, of any applicable economic or trade sanction laws or regulations or Laws;

(viii) Altara Group may be required by applicable economic or trade sanction laws or regulations or Laws to block or freeze funds received from Client and which are within Altara Group’s possession or control. Such blocking or freezing of funds by Altara Group shall be effected without any liability to Client. Altara Group may, furthermore and without liability to Client or to any person named in (iv) above, deal with and remit such funds in such manner as prescribed by the applicable economic or trade sanction laws or regulations or Laws and/or as prescribed to Altara Group by the relevant authorities.

 

10.11 Client shall promptly provide to Altara Group all information and documentation reasonably requested for Altara Group to be able to perform its due diligence assessment procedures to ensure that Client and no person intended to be carried on the Aircraft and no flight intended to be operated violates any law or regulation or economic or trade sanction law or travel ban; and, if so required by Altara Group at any time, Client shall certify to it in writing compliance with this contractual provision, and shall promptly provide such supporting evidence of compliance as Altara Group may reasonably request.

 

10.12 Altara Group may (without prejudice to all its other rights under the Terms and at Law) terminate this Agreement by means of written notice to Client, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (whether direct and/or indirect) of any type or nature in favor of Client, in the event that:

(i) Client breaches any representation, warranty, undertaking or acknowledgement under this agreement and fails to remedy (if such a breach is remediable in the sole discretion of Altara Group) that breach within ten (10) days of being notified in writing of the breach; or,

(ii) Client and/or any of its directors and/or employees and/or owners and/or shareholders and/or parent companies and/or affiliates and/or subsidiaries becomes a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban; or,

(iii) Client and/or any of its Passengers has been convicted of a criminal offence related to human rights violations, terrorism, fraud, theft, bribery, corruption, money laundering, terrorist financing or other financial impropriety.

 

Furthermore, Client assumes all liability and shall indemnify, reimburse, and hold free and harmless Altara Group, its officers, directors, shareholders, employees, agents, and subcontractors (each an “Indemnitee”), from and against all claims, demands, suits, judgments, losses (which shall include the full value of the Price), fines, penalties, damages, costs, liabilities and causes of action, including costs and expenses incidental thereto, incurred or suffered by any Indemnitee by reason of or in connection with a breach or deemed breach by Client of any representation, warranty, undertaking or acknowledgement outlined in Section 10.12 above.

 

11. Governing Law & Forum

 

For Agreements entered into with Altara Group FZE, the parties agree to have the seat or legal place of arbitration be Dubai, United Arab Emirates.

 

11.1 The parties agree that arbitration or any other proceeding shall proceed on an individual basis without the right for any claims to be arbitrated or resolved on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Client and Altara Group alone. Claims may not be consolidated or joined unless agreed to in writing by all parties to pursue all Claims solely on an individual basis, and these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

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