General Conditions

  • PERFORMANCE OF SERVICES: GENERAL CONDITIONS

    SWIFTCOPTERS
    Our prices include all airports fees and services offered on the different airports (land duty, passenger duty, one handling). They include VAT taxes whose application depends on the statute of the customer (exonerated ornot) or on the country where the services are perceived. Our prices are applicable for VFR flight, no supplement is requested in case of IFR flight. A supplement is perceived if the weather conditions did not allow a through flight.
    Types of operated helicopters :
    Price TWIN-ENGINES concern helicopter type:
    - Dauphin AS 365 N1 twin engines — VIP — from 6 to 8 seats
    Price SINGLE-ENGINE concern helicopters type:
    - Colibri EC120 single engine - VIP - from 3 to 4 seats
    - Squirrel AS350B3 single engine - VIP - from 4 to 5 seats
    Swift Copters SA keeps the possibility to change whenever they want this types of operated helicopters list.
    Cancellation for weather condition :
    Current prices list concern helicopters flights that are only possible with good weather condition. For security reason, if the weather conditions happen to get bad, Swift Copters SA conserve the possibility of cancelling the flight before take off or re-routing the helicopter during the flight.
    Payment and cancellation flights :
    A confirmed reservation insure the availability of the helicopter to customer. Usually, Swift Copters customers are asked to pay flights when they order. A payment on invoice after a flight, or by credit card can be exceptionally granted. In case of cancellation of a flight for customer's personal reasons, a deposit will be kept according to followings :
    - 100% of the flight price if cancellation on the day of the flight
    - 50% of the flight price if cancellation the day before the day of the flight.
    - 25% of the flight price if cancellation more then one day before the day of the flight
    - 0% of the flight price due to bad weather conditions that would prevent the flight


    Prohibited goods
    For your security, some items are strictly prohibited on board. They will be confiscated at baggage control.
    • Knives and any similar items.
    • Firearms.
    • Hunting weapon cartridges and other ammunition.
    • Ink cartridges weighing over 453 g / 1 lb on flights departing to or from the United States.
    • Perfume bottles over 100 ml /3.4 fl. oz.
    • Cosmetic aerosol containers over 100 ml /3.4 fl. oz.
    • Cigarette lighters fluid.
    • Electrolyte batteries.
    • Fireworks, firecrackers, signal flares, cap or toy guns, firelighters, tear gas.
    • Camp stoves, gas canisters, scuba oxygen tanks.
    • Paints, varnishes, lacquers.
    • Toxic, infectious, and radioactive materials.
    • Chemical products, fertilizers, weed killers, pesticides, insecticides.
    • Strippers, bleach, chlorine, cleaning products.
    • Inflammable liquids like fuel, thinners, solvents, and acetones.
    • Mercury thermometers and barometers.
    Articles prohibited on board (cabin and checked baggage):
    • Fireworks.
    • Gas.
    • Corrosive and toxic liquids.
    • Poison.
    • Flammable articles.
    • Animal-based products: the air transport (cabin, hold, or freight) of any kind of meat from wild animals is strictly prohibited in the European Union.

    MONT BLANC HELICOPTERES
    1. Definitions
    The Company: Mont Blanc Hélicoptères; the Company will from time to time be referred to using the terms “us” and “our”.
    The Client: Any person who concluded a contract with the Company for the performance of services, whether directly or via an intermediary; the Client will from time to time be referred to using the terms “you” and “your”.
    The Service(s): Services for the air carriage of persons, cargo and correspondence, from one place to another, through use of an aircraft, as well as all other services performed with an aircraft such as flying lessons, test flights, aerial work of all kinds (inter alia, spraying, taking photographs, fire fighting and lifting equipment) and aerial sport competitions. Our flights are performed during the day under VFR (visual flight rules); night flights are only made using twin-engine helicopters as part of passenger carriage (PC). The aforementioned Services can be sub-contracted by the Company to a third party (substituted carriage services).
    These general conditions that govern the performance of services (“General Conditions”) apply to all of the Services rendered by the Company.
    2. Acceptance — Binding nature
    Placing an order with the Company entails unreserved acceptance of the General Conditions, which shall be applicable in full until the complete performance of the Services ordered by the Client. The relations between the Company and Client shall be exclusively governed by these General Conditions, except in the event of a formal, express derogation by the Company evidenced on the order form. These General Conditions constitute, together with the order form, the contract (“Contract”). In the event of inconsistency between these documents, the order form shall prevail.
    3. Order
    The order forms (or bills of lading) shall be sent to the Company in all forms. Orders shall be deemed to have been firmly and definitively accepted after written ratification by the Company. The accepted order form that will be transmitted to the Client shall include the total price for the performance of the Services, which shall include the cost related to the flight time, set up and refuelling time, the supply of a maintained, insured aircraft, the fuel and the provision of the crew, and all incidental expenses (acceptance, documentation and customs duties, storage expenses, removal expenses, airport duties, pilot's fees, etc).
    When the order is accepted, the Company may propose a change in the Service performance date, depending on the availability of the aircraft and the crew.
    4. Modification - Cancellation
    The Company reserves the right to modify or cancel the Service if the requisite overflight and landing authorisations are not obtained, if the meteorological conditions are unfavourable on the day chosen for the Service, or in the event of a prohibition on takeoff by the authorities. These modifications or cancellations cannot cause the payment of indemnities to the Client or trigger the Company's liability. Unless it is possible to postpone the Service, the Company shall reimburse in full the Price paid by the Client for the Service concerned. In the event of partial performance of the Service by the Company, the Company shall reimburse the Price in proportion to the part of the Service that was performed.
    All modifications or cancellations, even partial, of a firm, definitive Client order can be notified to the Company, using all methods, at the latest 72 (seventy-two) hours before the scheduled time for the Services. All modifications more than 72 (seventy-two) hours before the scheduled time for the Services shall be permitted without a fee being charged. However, all cancellations, even partial cancellations, of orders shall trigger the payment of the following penalties by the Client to the Company:
    - cancellation between 72 hours and 24 hours before the scheduled time for the Services: 30% of the order amount must be paid;
    - cancellation between 24 hours and 8 hours before the scheduled time for the Services: 50% of the order amount must be paid;
    - cancellation less than 8 hours before the scheduled time for the Services: 100% of the order amount must be paid.
    The Client cannot request any modification to the Service once performance of the Service has started.
    5. Claims
    All claims concerning the Services that do not concern air carriage must be sent by registered letter with return receipt by the Client, within ten (10) days of performance of the Service concerned. Failing this, said claim shall remain without effect.
    6. Company Obligations
    The Company shall be responsible for obtaining the authorisations required to perform the Services. The Company's commitments made, of any kind, under the Contract, constitute an obligation to use reasonable efforts pursuant to which the Company undertakes to perform the Services in strict compliance with the rules practised in the profession, the applicable regulations, and in compliance with the conditions of the Contract. Where applicable, when cargo is accepted, the Company shall issue a cargo receipt which shall become an integral part of the Contract, and on which the Company may specify reservations. Cargo shall be deemed to have been accepted when the cargo is handed over to the Company, wherever the Company may be. Where applicable, the Company shall issue a passenger ticket to the Client that informs the Client of the conditions of carriage and relevant liability. The Company undertakes to perform the carriage and the Services as quickly as possible, within reasonable limits, and to deliver or land at the place indicated by the Client.
    7. Client Obligations
    In addition to paying the price, the Client is required to provide the Company, at no expense to the Company, with all information and documents concerning the accomplishment of customs, octroi or police formalities, which information and documents must be complete, accurate and all provided in a timely manner in order to allow the Services to be performed. With regard to cargo, the Client is required to present packaged and labelled cargo, in the conditions specified by the Company, at the places and time provided for in the accepted order. The Client is required to obtain insurance for the carriage undertaken or to have the cargo items that will be carried by the Company insured. If the Client is not present before boarding (on the day of the flight at the appointed time), the ticket shall be deemed to have been used and the full price shall therefore be owed.
    8. Personnel
    The Company represents that it complies with the provisions of law regarding the prevention and fight against undeclared work.
    The crew provided to perform the services shall at all times remain under the line management and disciplinary authority of the Company.
    9. Prices — Invoicing — Payment conditions
    The prices are calculated on the basis of the tariff in force on the date of the formal acceptance of the order. The prices invoiced are expressed exclusive of taxes, exclusive of rebates, discounts and reductions and exclusive of discounts for immediate payments, with the crew's travelling expenses always being invoiced in addition. The prices are expressed euros.
    The price shall be paid in full by bank wire transfer (see below) or by bank card, without delay, when the order is accepted by the Company, and at the latest before the start of the Services concerned. Payment shall be deemed to have been made at the Company's registered office.
    All Services performed in addition to the Service ordered shall be invoiced in addition, at the tariff in force.
    Any delay in payment shall trigger invoicing by the Company of default interest at the rate of 1.5 times that of the statutory rate in force; in addition, the Company shall be entitled to suspend the performance of the Services until complete payment of the unpaid invoice, without this non-performance being deemed to be attributable to the Company.
    The lien that results from Article L133-7 of the French Commercial Code may be applied by the Company, which shall be entitled to retain all cargo and documents connected therewith in order to guarantee the payment of all amounts owed.
    Bank details:
    Bank: Caisse d'Epargne des Alpes, 3 rue de Genève 74100 Annemasse
    Bank code: 13825 Branch code: 00200
    Account number: 08775504417 Clé RIB: 17
    IBAN FR76 1382 5002 008 7755 0441 717 BIC CEPAFRPP382
    10. Liability - Insurance
    The Company is a passenger carriage airline, which holds aircraft operating certificate no. F-CE 013.
    The Company's liability is governed by the Warsaw Convention in the event of air carriage Service. NB: the WARSAW CONVENTION is applicable for the carriage indicated each time this is permitted by the legislation in force. The WARSAW CONVENTION and changes thereto limit in most cases the carrier's liability in the event of death or bodily injury, as well as in the event of baggage loss or damage. It is the passenger's responsibility to take out additional insurance if s/he so wishes.
    For all other Services that are not part of an air carriage contract, the Company's liability is governed by the following rules: the Company's liability in respect of direct damage shall be limited to the amount of the price paid for the Services at the origin of the damage or during the supply of which the damage occurred; the Company does not accept any liability whatsoever in respect of consequential damage.
    The Company cannot be held liable for any damage (i) that results from the absence, insufficiency or non-compliance of the information and documents provided by the Client, or (ii) that occurs before cargo is accepted.
    If the Company sub-contracts all or part of the Services to a third party, the Company shall remain liable vis-à-vis the Client, in accordance with the provisions of the Montreal Convention that are applicable to substitute carriage.
    11. Force majeure
    Instances of force majeure or events that make the performance of the Parties' commitments impossible or difficult may lead to the termination of this Contract, the amendment or suspension thereof, without for all that one of the Parties being able to demand indemnification or damages from the other Party.
    12. Applicable law and choice of forum
    The Contract is governed by and construed in accordance with French law.
    All difficulties concerning the construction or performance of the Contract shall be submitted, in the absence of an amicable agreement, to the Thonon les Bains Tribunal de commerce (Commercial Court) on which the Parties expressly confer jurisdiction, notwithstanding multiple respondents or third-party notices, including for urgent or preventive procedures.

    REMARKS CONCERNING TICKETS SOLD FOR MONT BLANC TOURS
    Cancellation: MBH reserves the right to cancel Mont Blanc tour-type flights due to poor meteorological conditions, technical problems, security reasons or merely if there is not a sufficient number of persons for this flight. Such flights may be cancelled just before takeoff. In this case, MBH shall not be liable for the travelling or accommodation expenses incurred by the passengers in order to reach the takeoff point and the tickets shall remain valid for the validity period indicated when the reservation was made.
     
 
 

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