Terms & Conditions

1: Definitions

AirX: Refers to Air X Charter Limited, which is the legal entity that is contracted in the Charter Confirmation to provide the Trip.

AirX Security List of Prohibited Articles and Dangerous Goods: refers to all items listed on AirX’s website.

Aircraft Category: AirX offers various categories of aircraft, and within an Aircraft Category, different equipment, passenger capacity, and/or layouts are available on the same or different types of aircraft.

Additional Costs: shall have the meaning set out in Paragraph 3.4.

Baggage: includes all items brought onto the aircraft by Passengers.

Booking: refers to a Trip that has been confirmed by a Charter Confirmation.

Business Day: means a day (other than a Saturday or Sunday) on which banks are open for general business in the United Kingdom and Malta.

Cabin Baggage: Refers specifically to Baggage brought into and stowed in the cabin, unless otherwise described.

Cancellation Fee(s): means an amount charged to the Contracting Party in case of cancellation of a Trip or Flight as specified in Appendix A.

Captain: the AirX pilot in command of the Flight.

Charter Confirmation: the binding contractual agreement for the Trip is typically issued by electronic mail. The services and prices communicated with the Charter Confirmation are considered an addendum to the Terms and Conditions. The Charter Confirmation supersedes these Terms and Conditions where different, as the Charter Confirmation may be customised for a particular Trip.

Charter Fare: the total price forming the basis of the Charter Confirmation and quoted therein.

Contracting Party: the entity or person with whom AirX has entered into a carriage contract.

Contract Terms and Conditions: comprises the following Standard Terms and Conditions together with the Charter Confirmation and the AirX Security List of Prohibited Articles and Dangerous Goods.

Convention: The Montreal Convention, 1999.

Damage to Aircraft: any damage that results from action or inaction by a Passenger or a Passenger’s pets to an AirX aircraft, including but not limited to stains, tears, and abrasions to interior carpets, walls, ceilings, soft furnishings, chips or cracks to interior hard furnishings, damage to seat adjustment mechanisms due to force applied incorrectly, and damage to electronic entertainment equipment.

Diversion: is an unscheduled interruption of the Flight resulting in either an additional landing or a landing at a destination outside the terms of the Charter Confirmation.

Effective Hourly Rate: the Charter Fare for the entire Trip divided by the total number of flight hours for the Trip, excluding any Positioning Flight(s).

Fare Quotation: non-binding pricing and fare information provided by the AirX Sales Department for a Trip.

Flight: one take-off and landing cycle with Passengers on board the aircraft.

Flight Briefing: trip details as sent to the Contracting Party prior to departure, including information such as arrival and departure times, number of Passengers, catering as agreed, and other information as required or requested.

Force Majeure: is any event beyond the control of AirX that negatively impacts AirX’s ability to provide the services in the Charter Confirmation. This includes war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, trade or economic sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of Malta, the European Union or United States of America or any other relevant third country, weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft, or when the safety of the Passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the Captain or of AirX personnel.

Hold Baggage: Refers specifically to Baggage stored in the externally accessible baggage compartment during a Flight.

Passenger(s): each and every person carried or intended to be carried in an aircraft under the terms of the Charter Confirmation and with the approval of AirX.

Positioning Flight: a take-off and landing cycle as required to position the aircraft at the airport from which Passengers are scheduled to depart.

Sub-Charter: when AirX is required for any reason to utilise another third-party charter operator to perform a Trip.

Total Baggage: is Cabin Baggage together with Hold Baggage for a Flight. Weight is limited for flight safety reasons and varies according to aircraft type.

Trip: is one or a series of Flights that together are included in the terms of the Charter Confirmation.

2: Scope

GENERAL

2.1. These Standard Terms and Conditions of Carriage are the Standard Terms and Conditions of Carriage referred to in the Charter Confirmation. Subject to the provisions of Paragraph 2.5, Paragraph 2.6, and Paragraph 2.7, they only apply to carriage performed by AirX.

2.2. The subject of the contractual agreement is the transport of Passengers and/or goods from the point of departure to the point of destination, as stated in the Charter Confirmation. AirX is entitled to change the route, flight schedule, seating capacity, and maximum take-off weight., or to add a technical stop if these are required under certain operational circumstances not caused by AirX, or if the political situation in a country in which a Flight departs or lands or whose airspace is used changes such that a Diversion of the Flight is required. The decision to make any such changes remains solely with the Captain and AirX is entitled to pass on any additional costs incurred.

2.3. In the event AirX is required to Sub-Charter a Trip, the general terms and conditions of carriage, the general terms and conditions of business, and/or the contract terms and conditions of the sub-chartered airline shall apply. AirX will give notice to the Contracting Party of the Sub-Charter before departure by notifying the Contracting Party of the airline that will operate the Sub-Charter. The Contracting Party will be informed of any Additional Costs relating to the Sub-Charter. The Contracting Party is entitled to reject any such Additional Costs and ask for a refund for the unutilised hours remaining in the Trip, which will be refunded at the Effective Hourly Rate.

2.4. To the extent that the provision of charter services would contravene and/or expose AirX (or any Sub-Charter airline) to any sanction, prohibition, or restriction under United Nations resolutions or the trade or economic sanctions, laws, or regulations of Malta, the European Union, the United States of America, or any other relevant third country, AirX (and any such third party) shall be relieved from its obligation in relation to such services, and Cancellation Fees as per Appendix A could become applicable, at the discretion of AirX.

OVERRIDING LAW

2.5   In the event any provision of these Contract Terms and Conditions is determined to be in conflict with any other contractual agreement with AirX, these Contract Terms and Conditions shall apply unless otherwise explicitly stated.

2.6.    In the event any provision of these Contract Terms and Conditions is determined to be in conflict with any relevant law, that law will apply.

2.7.    In the event any provision of these Contract Terms and Conditions is determined to be in conflict with any law or otherwise invalid, void, or unenforceable, such determination shall not affect the remainder of this Agreement, which shall continue to be in force.

GOVERNING LAW

2.8. Except as otherwise provided by the Convention or applicable law, these Contract Terms and Conditions shall be governed by and interpreted in accordance with English law.

3: Fares, costs, taxes, fees, charges and currency

FARES

3.1. A Fare Quotation is provided at the request of the potential Contracting Party and does not count as a Booking. At this point, no guarantee is given for the performance of the requested Flight.

3.2.    Once the Charter Confirmation has been signed, the Charter Fare is owed as calculated for carriage from the place of departure to the destination as determined in the Charter Confirmation. The Charter Fare may subsequently include Additional Costs.

COSTS

3.3. Aircraft costs include but are not limited to crew, fuel, maintenance, air navigation and airport charges, general aviation terminal, in-flight catering if applicable per the Charter Confirmation, Passenger and cargo insurances, and taxes.

3.4. Additional costs may include but are not limited to Sub-Charter costs, fuel and insurance surcharges, VIP-Terminal, de-icing of aircraft, ground transportation, airport extended hours charges, airport equipment usage, SATCOM services, special catering requests, fines or charges for non-compliance with the requirements of Paragraph 5.1.  And any other additional costs incurred for reasons specified in these Standard Terms and Conditions. Any other costs for specially requested items or services will be invoiced separately, including an administrative fee of 10%, and reimbursed to AirX by the Contracting Party.

3.5. The Fare Quotation is subject to industry and related fuel price fluctuations. If the fuel price increases more than 5% at the destination or arrival airport between the date of quotation and confirmation, AirX reserves the right to adjust the Charter Fare accordingly.

3.6. In the event that smoking is allowed on a Flight, additional charges for cabin cleaning will be charged to the Contracting Party if not agreed in advance in the Charter Confirmation.

Taxes, fees, and Charges

3.7. All fees, taxes, and other charges imposed by third parties with regard to Passengers or their use of services are owed by the Contracting Party in addition to the Charter Fare. The Charter Confirmation provides information about these fees, taxes, and other charges not included in the Charter Fare. Other surcharges may be payable due to extraordinary circumstances, including but not limited to airports with limited capacity, night-time operations, or special security regulations. These form part of the final price payable by the Contracting Party.

CURRENCY

3.8. All prices are in euros unless another currency is indicated by AirX. Invoices are payable in euros unless another currency is indicated by AirX.

4: Bookings

4.1. The signature by an authorised employee of AirX on the Charter Confirmation shall constitute a binding offer by AirX to the Contracting Party. A Charter Confirmation countersigned by the Contract Party shall constitute a contract of carriage between the Contracting Party and AirX. AirX explicitly reserves the right to execute the charter services. The Contracting Party acknowledges, on behalf of its Passengers, and hereby warrants its authority to give such acknowledgement on their behalf, that no contract of carriage will exist between the individual Passengers and AirX, notwithstanding the issuance of a Passenger ticket by AirX.

4.2. In the case that a charter broker signs a contract “on behalf of” or acts as agent for a Passenger who is the Contracting Party, the charter broker accepts responsibility to remit funds by wire transfer to AirX in an amount not less than the Charter Fare determined in the Charter Confirmation, and agrees themselves to be liable to pay any Additional Costs that may arise beyond the Charter Confirmation.

4.3. A Booking for a Flight segment comprises the Booking and use of the entire aircraft from the chosen Aircraft Category. There is no entitlement to use a particular aircraft registration within an Aircraft Category. AirX reserves the right to change the aircraft within the Aircraft Category at short notice and also to change the aircraft type by way of an upgrade to a larger Aircraft Category.

4.4. After a Booking is contracted, AirX will send a Flight Briefing containing necessary travel details. This may depend on regulatory approval, for example, or on the availability of slots in a given airspace or at a given airport. In some cases, final confirmation can only be given shortly before departure. The Flight will only be operated on the condition that all the necessary authorisations have been obtained.

4.5. The Contracting Party is the only person who can rebook, amend (including changing the names or number of Passengers), or cancel a Flight. The Contracting Party is the only person who can add or remove Passengers, subject to the seating capacity of the aircraft.

4.6. AirX reserves the right to collect a down payment upon issuance of the Charter Confirmation. Unless otherwise agreed upon in the Charter Confirmation, the Charter Fare shall be payable immediately upon issuance of the pro forma invoice. If the pro forma invoice is not paid at least 3 Business Days prior to the commencement of the Trip, AirX may, at its discretion, cancel the Trip with a Cancellation Fee as per Appendix A. All Additional Costs that are not included in the Charter Fare shall be due on presentation of the post Trip invoice by AirX. Both the pro forma invoice and the final invoice must be paid without set-off, deduction, withholding, or counterclaim whatsoever.

4.7. In the event that the Contracting Party has not paid the full Charter Fare prior to the commencement of the Flight, AirX shall be entitled to withdraw from the contract and to charge a Cancellation Fee as per Appendix A.

4.8. At the request of the Contracting Party, AirX can provide additional services from third party suppliers relating to the Booking. AirX is not liable for the performance or quality of these services.

5: Acceptance of passengers, boarding, conduct on board, damage to aircraft

5.1. All Passengers must comply with all immigration, customs, or documentation requirements at each destination, such as possession of a passport, visa, or other documents for themselves or their belongings, as necessary. AirX assumes no responsibility for informing Passengers of said requirements or the consequences of non-compliance by any Passenger. Should there be changes or cancellations of a Flight, surcharges, fees, fines, or similar costs due to non-compliance, the Customer will be required to pay for such costs.

5.2. Passengers must be at the airport and ready for boarding no later than thirty minutes before the contractually agreed departure time of a Flight. Any consequences of late arrival by Passengers are the responsibility of the Contracting Party.

5.3. AirX is entitled to cancel the Trip if a Passenger does not appear on time for any reason, including lateness due to the delay of a commercial flight which a Passenger is using to arrive at the departure airport for an AirX Flight. Cancellation Fees will apply as per Appendix A.

5.4.    If the delayed arrival and boarding of Passengers cause the departure slot provided by the airport to be postponed or forfeited, AirX is entitled to pass on any Additional Costs to the Contracting Party. If such delay puts at risk or prevents any connecting Flights for other Contracting Parties and/or Passengers of AirX, AirX is entitled to cancel the Trip, with Cancellation Fees as per Appendix A.

5.5. The Captain shall at all times be entitled to take all necessary measures at his sole discretion, including but not limited to whether or not the Flight is operated, how the Flight is operated, seating and Baggage placement, and whether the behaviour or the physical or mental condition of a Passenger requires extraordinary action by AirX crew.

5.6. Passengers, when on board the aircraft, must obey all instructions given by AirX crew. Failure to do so may result in the cancellation of a Flight that is not underway or the diversion of a Flight in progress, with all associated costs borne by the Contracting Party.

5.7. Smoking may be permitted on board AirX aircraft with fewer than 19 seats, but only in areas designated by and with the permission of the crew. In particular, the galley and rest rooms are off-limits to smoking. All instructions from the crew regarding smoking must be followed by all Passengers.

5.8. Alcoholic drinks may be consumed on board. Passengers may also bring their own alcoholic drinks for consumption on board. Certain countries forbid the consumption of alcoholic beverages in their airspace, so it is important to abide by any crew instructions regarding this matter.

5.9. Passengers are required to be seated and wearing seatbelts during the take-off and landing phases of a Flight. Instructions from AirX crew members must be followed in relation to seating and seatbelts.

5.10.    Should any Passenger exhibit behaviour which is unacceptable in the sole view of the Captain, AirX may divert or refuse to carry out a Flight. Examples of such behaviour include, but are not limited to, the usage of illegal substances, belligerence, aggression, or sexual harassment of AirX crew.

5.11. Damage to Aircraft caused through negligence or purposeful behaviour, as per the sole opinion of the Captain, will be the responsibility of the Contracting Party. AirX will invoice for any such Damage to Aircraft and will typically include photographic evidence of the damages caused where possible.

6: Restriction and/or refusal of carriage

AirX may refuse to carry a specific Passenger if AirX has notified the Contracting Party or the Passenger before the date of the Booking that AirX will no longer carry the specific Passenger on its Flights. AirX may also refuse to allow a Passenger onto a Flight if:

6.1.1. the refusal is necessary for reasons of safety or security or to avoid a breach of regulatory or statutory conditions in the state in which the Flight departs or lands or whose airspace is used; or

6.1.2. doing so risks, in the sole opinion of the Captain, endangering the safety or health of the Passengers or crew; or

6.1.3. any Passenger has refused to submit to a security check; or

6.1.4. the Contracting Party has not paid the contractually agreed fare shown in the Charter Confirmation; or

6.1.5. any Passenger is not in possession of valid travel documents; or

6.1.6. any Passenger exhibits behaviour that, in the sole opinion of the Captain, is unacceptable.

If AirX refuses to carry a Passenger for one of the aforementioned reasons, all claims to carriage and/or damages in lieu are ruled out, and Cancellation Fees will apply as per Appendix A.

CARRIAGE OF MINORS

6.2. 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, AirX is entitled to refuse to carry the child’s seat in the cabin. AirX is not liable for the consequences if a Passenger attaches the child’s seat incorrectly, if it is defective, or if the instructions of the crew are not followed.

6.3. Damages caused by a child’s seat to the aircraft and its interiors may be charged to the Contracting Party.

6.4. In the event that a minor is travelling without a legal guardian, AirX must be informed of this at least 48 hours in advance of the Flight and will require a consent form to be filled out ahead of the Flight by the legal guardian. Should a minor arrive for a Flight without a legal guardian and without a completed consent form, the costs of any resulting delays are the responsibility of the Contracting Party. In this situation, the crew may require the Passenger(s) to provide evidence of their right to carry the minor. Even if airport authorities are satisfied, AirX will only carry the minor at its discretion. AirX is not liable if a minor is carried without the consent of a legal guardian.

7: Baggage

BAGGAGE ALLOWANCES

7.1. Cabin Baggage and Hold Baggage allowances depend on the type of aircraft booked and are defined in the Charter Confirmation. If a Passenger brings more than their Baggage allowance, the crew may decide not to carry individual pieces of Baggage. Each individual piece of Baggage may not weigh more than 25kg. Limits on the Total Baggage weight vary by aircraft type and may not exceed the limit stated in the Charter Confirmation. The Contracting Party shall be responsible for making alternative arrangements for the transport and costs thereof of any Baggage that exceeds the stated Baggage allowances and is not able to be carried by AirX in AirX’s sole discretion.

7.2. AirX may set limits for the quantity, weight, and dimensions of Cabin Baggage. In all cases, Cabin Baggage must fit in the cabin without blocking escape routes or emergency exits. If the Cabin Baggage does not meet these requirements, it will be considered a Hold bag.

7.3. Items that are not suitable to qualify as Hold Baggage for carriage in the externally accessible baggage compartment are only accepted for carriage in the cabin if notified to and approved by AirX in advance of the Flight.

7.4. Passengers are obliged to collect their Baggage as soon as it is available for collection.

AIRX SECURITY LIST OF PROHIBITED ARTICLES AND DANGEROUS ARTICLES

7.5. The Contracting Party acknowledges by signing the Charter Confirmation its responsibility to provide the AirX Security List of Prohibited Articles and Dangerous Articles to all Passenger(s) in advance of the Trip, which can be found on the AirX website.

7.6. No Passenger may take onto an AirX aircraft any item listed in the AirX Security List of Prohibited Articles and Dangerous Articles without express prior permission from AirX. Such permission should be sought at the time of Booking but, in any case, well in advance of any Flight.

7.6.1. If any Passenger has on their person or in their Baggage weapons of any kind, they must declare them in advance and hand over all such items to the Captain during the Flight. These items will only be transported at the sole discretion of the Captain.

7.6.2. Passengers whose duty requires carrying a service weapon, such as police officers, may do so with the proper documentation. AirX must be notified in advance, and prior approval from AirX must be obtained. It is the responsibility of the Passenger wishing to carry such an item to be aware of and comply with all laws, regulations, and documentation requirements of the country of departure and the country of arrival for the Trip.

7.6.3. Sporting and/or hunting weapons may be carried as Hold Baggage at the discretion of AirX and/or the Captain. They must be unloaded and fitted with a safety catch, which must be in operation. AirX must be notified in advance, and prior approval from Air X must be obtained.

7.6.4. The Contracting Party is liable for all damages or consequences resulting from the disregard of these provisions by a Passenger.

7.6.5. Passengers intending to carry on their person or in their luggage any items that are classified as dangerous and are not listed among the prohibited articles must inform AirX in advance about the items they intend to carry.

7.7. AirX may refuse to carry Baggage if it is not properly packed in suitcases or similar containers to ensure that it is carried safely with the usual care taken in handling.

7.8. For safety reasons, AirX and/or the airport or handling agent may require Passengers to consent to an examination or scan of their person and their Baggage and to an x-ray scan of their Baggage. If the Passenger does not consent to the personal or Baggage examination, AirX may refuse to carry the Passenger and/or the Baggage.

7.9. The Contracting Party is responsible for all damages and consequences of any Passenger not following the provisions on the AirX Security List of Prohibited Articles and Dangerous Articles, including any Additional Costs or delay, and if the Flight is cancelled for this reason, Cancellation Fees as per Appendix A.

ANIMALS

7.10. The carriage of dogs, cats, and other animals is subject to the approval of AirX, and permission to bring them onto an aircraft for a Flight must be sought by the Contracting Party in advance of the Flight. The animals must be properly enclosed in travel containers and have valid health and vaccination certificates, import licences, and any other import or transit documents required by the country or countries concerned. As a rule, animals may not be released from their travel container during the Flight. In exceptional circumstances, this requirement may be waived at the sole discretion of the Captain.

7.11. Accompanying animals (including the transport container) must fit in the cabin and must be secured throughout the Flight. Escape routes and emergency exits may not be blocked.

7.12. The Contracting Party is responsible for the safety, health, and behaviour of the animal and is liable for compliance with all the import, export, health, and other regulations applicable for entry into or transit through the states concerned.

7.13. AirX will charge a cleaning fee when an animal is brought onboard a Flight, even if the animal stays in a container for the duration of the Flight (this is due to the requirement to rid the aircraft cabin of any trace of the animal so that subsequent Passengers who may be allergic to animals are not adversely affected). In addition, The Contracting Party is liable for any costs or damages caused by accompanying animals and indemnifies AirX against all liability related to the transport of the animal.

8: Flight timetables, delays, cancellations, force majeure

8.1. In the case of unexpected or unforeseen restrictions or other issues that cause delay, AirX reserves the right to reschedule a Flight at short notice. In particular, AirX reserves the right to take off from, land at, or take off from the closest available alternative airport. AirX will notify the Contracting Party of all changes as soon as practicable and coordinate handling options.

8.2.  AirX reserves the right at any time to postpone or redirect a Flight or provide the Contracting Party with another similar aircraft in the event that the Flight cannot be performed with the offered or booked aircraft due to Force Majeure. For Flights on the A340 aircraft, AirX is specifically allowed 48 hours from the scheduled departure time in order to conduct the Flight either on its own or with a Sub-Charter aircraft. For flights on other AirX aircraft, AirX is specifically allowed 5 hours from the scheduled departure time in order to conduct the Flight either on its own or with a Sub-Charter aircraft.

8.3. If Force Majeure prevents the operation of the Flight or landing at the destination, the Flight is deemed to have been performed upon landing at the alternative airport. AirX is not liable for any costs or damages any Passenger may incur as a result.

8.4. If a Flight cannot be carried out because of Force Majeure or the crew determines before departure that the Flight cannot take place, AirX will not charge Cancellation Fees.

Appendix A: Cancellation fees

Cancellation Policy for Heavy Jets (Legacy 600 and Challenger 850)

1.    AirX reserves the right to take a 10% non-refundable deposit upon issuance of a Charter Confirmation.
2.    Cancellation until 48 hours before departure of the first sector: 10% of the Charter Fare (forfeiture of the deposit).
3.    Cancellation between 48 and 24 hours before departure of the first sector: 20% of the Charter Fare.
4.    Cancellation less than 24 hours before departure of the first sector: 75% of the Charter Fare.
5.    On any cancellation, AirX may additionally charge:
6.    Incurred costs plus 10% administration fee for items prepaid, such as permissions, non-cancellable catering, etc.
7.    If any Positioning Flight has taken place, cancellation fees will amount to 100% of the Charter Fare.
8.    For Trips consisting of 4 or more Flights, AirX charges higher cancellation fees as the aircraft has been blocked in the schedule for longer.
9.    Cancellation 24 hours before departure of the first sector: 35% of the Charter Fare.
10.    Cancellation less than 24 hours before departure of the first sector: 100% of the Charter Fare.
11.    If some Flights have been flown and the remainder of the contract is cancelled, unflown Flights will be charged at 75% of the Hourly Rate of the Booking.

Cancellation Policy for Lineage 1000 and Boeing Business Jet Fleet

1.    AirX reserves the right to take a 10% non-refundable deposit upon issuance of a Charter Confirmation.
2.    Cancellation until 8 days before departure of the first sector: 10% of the Charter Fare (forfeiture of the deposit).
3.    Cancellation between 8 days and 96 hours before departure of the first sector: 20% of the Charter Fare.
4.    Cancellation between 96 hours and 48 hours before departure of the first sector: 30% of the Charter Fare.
5.    Cancellation between 48 hours and 24 hours before departure of the first sector: 50% of the Charter Fare.
6.    Cancellation less than 24 hours before departure of the first sector: 75% of the Charter Fare.
7.    On any cancellation, AirX may additionally charge:
8.    Incurred costs plus a 10% administration fee for items prepaid, such as permissions, non-cancellable catering, etc.
9.    If a Positioning Flight has taken place, cancellation fees will amount to 100% of the Charter Fare.

Cancellation Policy for Airbus 340

1.    AirX reserves the right to take a 15% non-refundable deposit upon issuance of a Charter Confirmation.
2.    Cancellation until 14 days before departure of the first sector: 25% of the Charter Fare (forfeiture of the deposit).
3.    Cancellation between 14 days and 96 hours before departure of the first sector: 50% of the Charter Fare.
4.    Cancellation less than 96 hours before departure of the first sector: 75% of the Charter Fare.
5.    On any cancellation, AirX may additionally charge:
6.    Incurred costs plus 10% admin fee for items prepaid, such as permissions, non-cancellable catering, etc.
7.    If a Positioning Flight has taken place, cancellation fees will amount to 100% of the Charter Fare.