General Terms and Conditions of Carriage

Article 2.1 When reading these conditions, please note that:
"We", "our" "ourselves" and "us" means the Charterer and/or the Airline.

"You", "your" and "yourself" refers to the Customer.

"ARRANGED STOPPING PLACES" refers to those places, except the place of departure and place of destination, set forth on the Ticket or shown on our schedules as scheduled stopping places on your route.

"AIRLINE DESIGNATING CODE" refers to the two characters or three letters that identify specific airlines.

"AUTHORIZED AGENT" means a Customer sales agent who has been appointed by us to represent us in the sale of air transportation on our services.

"BAGGAGE" refers to your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of your checked and unchecked baggage.

"BAGGAGE CHECK" refers to those portions of the ticket that relate to the carriage of your checked baggage.

"BAGGAGE IDENTIFICATION TAG" means a document issued solely for the identification of checked baggage.

"AIR COMPANY" means Air Horizont Limited.

"CHECKED BAGGAGE" means Baggage for which we are responsible and for which we have issued a Baggage Check.

"CHECK-IN TIME LIMIT" refers to the time limit specified by the airline within which you must have completed check-in formalities and received your boarding pass.

"CONTRACT CONDITIONS" means those statements contained in or delivered with your Voucher, ticket or Itinerary/receipt, identified as such and incorporating by reference these Conditions of Carriage and notices.

"CONNECTING TICKET" means a Ticket issued to you in connection with another Ticket which together constitute a single contract of carriage.

"CONVENTION" means any of the following applicable instruments:

• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (hereinafter referred to as the Warsaw Convention);
• the Warsaw Convention as amended at The Hague on September 28, 1955;
• the Warsaw Convention as amended by Montreal Additional Protocol No. 1 (1975);
• the Warsaw Convention as amended at The Hague and by Montreal Additional Protocol No. 2 (1975);
• the Warsaw Convention as amended at The Hague and by Montreal Additional Protocol No. 4 (1975);
• the Complementary Convention of Guadalajara (1961);
• the Montreal Convention (1999).

"VOUCHER" refers to both a paper flight ticket and an electronic ticket, each of which entitles the named Customer to travel on the particular flight identified thereon.

"CUSTOMER" means any person, natural or legal, except crew members, carried or to be carried on an aircraft pursuant to a Ticket. (See also definition of "you", "your" and "yourself").

"DAMAGES" includes death, wounding or bodily injury to a Customer, loss, partial loss or theft of or other damage to Baggage, arising out of or in connection with the carriage or other incidental services provided by us.

"DAYS" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day on which the notification is sent shall not be counted; and provided further that, for the purpose of determining the length of validity of a Ticket, the day on which the Ticket is issued or the day on which the flight commences shall not be counted.

"ELECTRONIC VOUCHER" refers to an electronic flight voucher or other document of value contained in our database.

"ELECTRONIC COUPON" means the Itinerary / Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a shipping document.

"AIRLINE TICKET" refers to that portion of the Ticket bearing the notation "valid for passage" or, in the case of an Electronic Coupon, the Electronic Voucher, and indicates the specific locations between which you are entitled to be carried.

"ITINERARY / RECEIPT" refers to a document or documents we issue to Customers traveling with Electronic Coupons containing the Customer's name, flight information and notices.

"CUSTOMER VOUCHER" or " CUSTOMER RECEIPT " refers to that portion of the Ticket issued by us or on our behalf, which is so marked and which is ultimately to be retained by you. Such voucher shall include, but not be limited to, customer information, flight schedule, reference number, flight details, departure details, destination details, baggage allowance, check-in details and airport representative contact details.

"STAY" refers to a scheduled stop on your trip, at a point between the place of departure and the place of destination, lasting not less than 24 hours.

"TARIFF" refers to an airline's published tariffs, charges and/or related conditions of carriage, which must be filed, when required, with the appropriate authorities.

"TICKET" means the document entitled "Customer Ticket and Baggage Check" or the Electronic Coupon or a Master Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Vouchers.

"UNCHECKED BAGGAGE" refers to any baggage other than checked baggage.

2.2 Governing Law
2.2.1 These Terms and Conditions of Carriage apply unless they are inconsistent with applicable law, in which case such law shall prevail.

2.2.2 If any provision of these Terms and Conditions of Carriage is invalid under applicable law, the remaining provisions shall remain valid to the extent that the remaining provisions can be maintained without the provision being declared invalid.

2.3 Terms and conditions prevail over regulations
In case of discrepancy between these Terms and Conditions of Carriage and our Regulations, these Terms and Conditions of Carriage shall prevail.

The scope of these Terms and Conditions shall govern the relationship between the Charterer, the Carrier and the Customer.

3.2. The subject matter of these terms and conditions is the transportation of Customers from the point of departure to the point of destination.

All prices shall be in Euros, unless another currency is indicated by the charterer.

All payments are due and payable prior to the issuance of the Coupon, unless otherwise specified in writing.

6.1. The Charterer reserves discretion as to the type of aircraft it will assign to the Customer, unless otherwise agreed in writing.

6.2. In the case of a Designated Aircraft, if the Charterer for any reason replaces the Aircraft, the Charterer shall replace the Aircraft with an Aircraft of a similar type. If substitution by a similar aircraft type is not possible, the Charterer's liability shall be limited to reimbursement by the Charterer to the Customer of the payment or part of the Voucher price.

7.1 General

7.1. 1 We will provide transportation only to persons in possession of a valid Ticket (which includes the flight voucher for that flight, the unused Flight Vouchers for subsequent flights recorded on the Ticket and the Customer Voucher), provided that, for each Customer, his or her name as Customer appears on the Ticket and presents a valid passport or identity document which, in the case of an Electronic Voucher, must bear a serial number that matches the number specified on the Electronic Ticket Receipt/Itinerary.

7.1.2 In the case of an Electronic Coupon, you must bring your Electronic Ticket Receipt / Itinerary or Customer Receipt to the airport, as you may be required to present it to us and to immigration and airport security personnel.

7.1.3 You will not be entitled to be carried on a flight if the Ticket presented is torn, spoiled or altered, or if it has been modified in any way other than through us or our Authorized Agent.

7.1.4 For the purposes of the Warsaw Convention and the Montreal Convention, an e-ticket receipt/itinerary is considered to serve as both a customer ticket and a baggage check/transport document.

7.1.5 You may not transfer your Ticket to another person.

7.1.6 Some of our Tickets are sold at special fares which may be partially or fully non-refundable. You may wish to ensure that you have adequate insurance to cover cases where you are unable to make use of such a Ticket.

7.1.7 The Ticket is and shall at all times remain our property if issued by us or our Authorized Agent. If the Ticket has been issued by or on behalf of another airline, it is and remains the property of that airline.

8.1. The Charterer shall use its best efforts to complete the trip in accordance with the flight schedule indicated on the voucher, but shall be entitled to deviate from such flight schedule if necessary.

8.2. In case of denied boarding, cancellation or delay, other than due to extraordinary circumstances as defined in clause 8.5., force majeure as defined in clause 10.1.Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, which for ease of reference has been represented in the attached Air Horizont Delay Notice.

Without prejudice to the terms of this Agreement and for the avoidance of doubt, in the event of denied boarding, cancellation or delay, other than as a result of extraordinary circumstances as defined in clause 8.5., Force Majeure as defined in clause 10.1., or special circumstances as stated in clause 8.6., the level of compensation set forth in Regulation (EC) N0 261/2004 of the European Parliament and of the Council of February 11, 2004 shall also apply to any passenger who is not a resident or citizen of the European Union.

In the event of denied boarding, cancellation or delay, other than as a result of extraordinary circumstances as defined in clause 8.5, Force Majeure as defined in clause 10.1, OR special circumstances as stated in clause 8.6, the liability of the Charterer / or Airline (as applicable) shall be strictly limited to the level of compensation established in terms of Regulation (EC) N0 261/2004 of the European Parliament and of the Council of 11 February 2004.

8.3. The Charterer and the Carrier in the event of denied boarding, cancellation or delay which is not the result of extraordinary circumstances as defined in clause 8.5, Force Majeure as defined in clause 10.1, OR special circumstances as stated in clause 8.6, shall first call for volunteers to surrender their reservations in exchange for benefits.

8.4. The obligations of the Charterer and the Carrier shall be completely excluded in the event that the denied boarding, cancellation or delay is attributable to extraordinary circumstances as defined in clause 8.5. which could not have been avoided even if all appropriate measures had been taken.

8.5. Extraordinary circumstances may occur in cases of political instability, weather conditions incompatible with the operation of the flight in question, safety risks, unexpected flight safety failures and strikes affecting the operation of the aircraft. Extraordinary circumstances shall also be deemed to exist when the impact of an air traffic management decision in relation to a particular aircraft on a given day results in an extended delay, an overnight delay or the cancellation of one or more flights of that aircraft, even though the charterer and the Airline had taken all appropriate measures to avoid delays or cancellations.

8.6. The Charterer and the Carrier shall not be liable for any additional damages, whether direct or indirect, which may arise as a result of denied boarding, cancellation or delay.

8.7. In case of delay of a Customer leading to such Customer missing the flight as scheduled in the Coupon and in case of a Customer's no-show, the Charterer will not refund the payment made prior to the issuance of the Coupon nor allow the Customer to change the date of the flight.

8.8. If prior to boarding, the Customer refuses to follow the instructions of the aircraft Commander, the Customer will not be allowed to board the aircraft. If after boarding, the Customer refuses to comply with the aircraft Commander's instructions, the Customer will be held responsible for his misconduct. This behavior will be attributable solely to the Customer. In case of flight delay, the Charterer reserves the right to sue the Customer.

If for reasons of force majeure as defined in clause 10.1. below, beyond the control of the Charterer, the Aircraft deviates from the destination aerodrome shown in the flight schedule, which is shown on the Coupon, to another aerodrome (including return to the aerodrome of departure), the journey shall be deemed complete when the Aircraft arrives at such other aerodrome, and the Charterer shall, immediately upon notice from the Airline, inform the Customer of such deviation.

10.1. Force majeure shall be defined as acts of God, earthquake, fire, flood, hurricane or any other natural disturbance, insurrection, strike, riot, war (declared or not), acts of terrorism, explosion, epidemic, action of any governmental authority de facto or de jure, or any circumstance beyond the control of the parties and not caused by the fault or negligence of either party.

10.2. In the event that the Charterer, by reason of Force Majeure, is unable, in whole or in part, to perform its obligations, under these terms and conditions, after notice and full details of the Force Majeure are given by the Charterer to the Customer, which shall be notified to the Customer immediately upon the occurrence of the events on which it is based, the obligations of the Charterer to the extent affected by such Force Majeure shall terminate.

11.1. The operation of the aircraft is at the discretion of the aircraft commander.

11.2. Without prejudice to the generality of Clause 11.1, The Aircraft Commander's discretion shall include, but not be limited to:

• - What goods can be transported safely on the aircraft.
• - Loading, assignment / placement and unloading of luggage.
• - If and when it is safe to fly.
• - Where and when the Aircraft should land.
• - Alteration of route, customer's seats, weight, maximum take-off and flight schedule.
• - Whether and/or how the unused space should be used, and
• - Whether to use unused space on the aircraft.
• - Seating arrangement

11.3. All decisions made by the Aircraft Commander shall be binding on the Charterer, the Airline and the Customer.

12.1. The weight of the customer's baggage is limited for flight safety reasons and varies according to the type of aircraft. Items determined by the aircraft Commander to be of excessive weight or size will not be allowed on the aircraft. If proper packing and securing of goods to be transported on the aircraft is reasonably required to be in accordance with any decision of the aircraft Commander, the costs incurred will be borne by the Customer.

12.2. Items that we consider to be appropriately unsuitable for carriage because they are dangerous or unsafe, or because of their weight, size, shape or nature, or because they are fragile or perishable taking into account, among other things, the type of aircraft being used, are considered unacceptable as baggage.

12.3. Prohibited or dangerous baggage must be declared in accordance with prohibited and dangerous goods regulations. Products must be properly packaged and marked in accordance with the competent authorities.

12.4. In the event of a breach of any of the regulations, laws, instructions or these Terms and Conditions, the Customer or any other person in connection with the baggage shall at all times keep the Charterer indemnified against all claims, demands, liabilities, actions, proceedings, costs and damages of any nature whatsoever, resulting or the amount of which is increased by reason of such breach, omission, default or other violation.

12.5 Checked baggage

12.6 Unchecked baggage

12.7 Animals

We reserve the right, at our complete discretion, to refuse to transport animals. If we agree to transport any animal, it will be transported subject to the following conditions:

12.8 Items removed by airport security personnel

We shall not be responsible or liable for any items removed from your baggage by airport security personnel acting in accordance with applicable regulations.

13.1. The Charterer shall not be liable for any bodily injury or death suffered or incurred, or otherwise arising in respect of a Customer, not attributable to the Charterer, including but not limited to force majeure.

13.2. The Carrier shall not be liable for any bodily injury or death suffered or incurred, or otherwise arising in respect of a Customer, not attributable to the Carrier, including but not limited to Force Majeure.

13.3. In the event of liability of the Charterer or the Carrier for any bodily injury or death suffered or incurred by a Customer or otherwise arising in respect of a Customer, the liability of the Charterer or the Carrier shall be limited in terms of the applicable Convention.

13.4. The Charterer reserves the right to be indemnified by the Carrier, the Customer or a third party, in the event that the Carrier, the Customer and/or a third party are liable, in whole or in part, for any bodily injury or death suffered or incurred, or otherwise arising in respect of a Customer.

13.5. The Charterer shall not be liable for any loss, damage, destruction or delay suffered or incurred in connection with baggage, personal effects carried or to be carried on the aircraft, which are not attributable to the Charterer, including but not limited to force majeure.

13.6. The Airline shall not be liable for any loss, damage, destruction or delay suffered or incurred in connection with baggage, personal effects carried or to be carried on the aircraft, not attributable to the Airline, including but not limited to Force Majeure.

13,7. In the event of liability of the Charterer or the Carrier for any loss, damage, destruction or delay suffered or incurred to any baggage, personal effects carried or to be carried on the Aircraft, the liability of the Charterer or the Carrier shall be limited in terms of the applicable agreement. In the event that the Customer wishes to be covered for a greater amount, the Customer must inform the Charterer in advance.

13,8. The Charterer reserves the right to be indemnified by the Carrier, the Customer or a third party in the event that the Carrier, the Customer and/or a third party shall be liable, in whole or in part, for any loss, damage, destruction or delay suffered or incurred in any baggage, personal effects carried or to be carried on the aircraft.

13,9. Unless otherwise expressly provided above, in the case of any other liability not contained in these Terms and Conditions, but relating to the voyage, the Charterer shall have a combined limit of liability in respect of each Client of up to 50,000 United States Dollars (USD).

14.1 Fees

14.2 Taxes, fees and charges

14.3 Surcharges in exceptional circumstances

15.1 Personal data

You acknowledge that personal data has been provided to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making such data available to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit such data to our own offices, authorized agents, government agencies, other carriers or providers of the above services.

15.2 Data Protection
While we hereby agree to comply with the Data Protection Act and/or applicable law, you authorize us to use them in accordance with the Data Protection Act, where applicable.

15.3 Seating
We will endeavor to fulfill seating requests in advance. However, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding the aircraft. This may be necessary for operational or safety reasons.

15.4 Cancellation of Subsequent Bookings
Please note that if you do not show up for any flight without notifying us in advance, we may cancel your return or subsequent bookings. However, if you notify us in advance, we will not cancel your subsequent flight reservations.

16.1 Check-in Deadlines are different at each airport and you must inform yourself about and adhere to these Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines shown. We or our authorized agents will inform you of the check-in deadline for your first flight with us shown on your ticket. For any subsequent flights on your trip, you must inquire about check-in deadlines, as we and our authorized agent are unable to do so. Check-in deadlines for our flights can be found in our schedule, or can be obtained from us or our authorized agents.

16.2 You must present yourself at the boarding gate no later than the time specified by us or the time specified in the check-in deadlines indicated by the airport in question, when you check-in.

16.3 We may cancel the space reserved for you and unload your checked baggage if you do not arrive at the gate on time.

16.4 We shall not be liable to you for any loss or expense incurred by reason of your failure to comply with the provisions of this article.

17.1 Right of Refusal of Carriage
In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not carry you on our flights at any time after the date of such notice. In this circumstance, you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following situations has occurred or if we reasonably believe that one or more of the following may occur:

17.1.1 such action is necessary to comply with applicable laws, regulations or governmental orders;

18.1 General
If, in our reasonable opinion, you behave on board the aircraft in a manner that endangers the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fail to comply with crew instructions, including but not limited to those with respect to smoking, alcohol or drug use, or behave in a manner that causes discomfort, inconvenience, damage or injury to other Customers or crew, we may take such action as we deem necessary to prevent the continuation of such conduct, including restraint. You may be disembarked and denied onward and return transportation at any time, and may be prosecuted for offenses committed on board the aircraft.

 18.2 Payment of diversion cost
If, as a result of conduct on your part of the type referred to in Article 17.1, we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of disembarking you, you must pay all costs resulting from that diversion.

 18.3 Electronic devices

For safety reasons, we may prohibit or limit the operation on board the aircraft of electronic equipment, including, but not limited to, cell phones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. The operation of hearing aids and cardiac pacemakers is permitted.

19.1 General

19.2 Travel Documents
Before traveling, you must present all exit, entry, health and other documents required by law, regulation, order, request or other requirement of the countries involved, and allow us to take and retain copies of them. We reserve the right to refuse carriage if you have not complied with these requirements or if your travel documents do not appear to be in order.

 19.3 Refusal of entry
If you are refused entry to any country, you will be responsible for paying any fines or charges imposed on us by the government concerned and the cost of transporting you from that country. We will not reimburse the fare charged for transportation to the point of refusal or denial of entry.

 19.4 Customer liable for fines, detention costs, etc.
If we are required to pay a fine or penalty or incur any expense due to your failure to comply with the laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand for any amount so paid or expense so incurred. We may apply to such payment or expense the value of any unused transportation on your Ticket, or any of your funds in our possession.

 19.5 Customer Inspection
If required, you must attend inspection of your baggage by customs or other government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or for your failure to comply with this requirement.

 19.6 Security screening
You must submit to any security screening conducted by governments, airport officials, airlines or by us.

20.1 Notification of claims

The carriage of you and your baggage is also performed in accordance with other regulations and conditions that apply to us or that we adopt. These regulations and conditions, which vary from time to time, are important. They relate, among other things, to:

• - transportation of unaccompanied minors, pregnant women and sick customers,
• - restrictions on the use of electronic devices and items;
• - consumption of alcoholic beverages on board.

Regulations relating to these matters are available upon request.

In the event of a breach by the Customer of any regulation, law or condition stipulated in these Terms and Conditions, the Customer shall at all times keep the Charterer and the Carrier indemnified against all claims, demands, liabilities, actions, proceedings, costs and damages resulting or the amount of which is increased by reason of such breach or omission.

If one or more provisions of this agreement shall be unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

These terms and conditions are governed in accordance with the laws of Malta.

The Charterer, the Customer and the Airline submit all disputes arising out of or in connection with these terms and conditions to the exclusive jurisdiction of the courts of Malta.

The title of each item in these Conditions of Carriage is for convenience only and should not be used to interpret the text.

Applicability

The following rules shall apply:

• with respect to flights departing from an EU airport and flights operated by an EU airline departing from a third country airport to an EU airport (unless you have received benefits or compensation and received assistance in that third country);
• on the condition that you have a confirmed reservation on the flight in question and present yourself for check-in as stipulated and at the time indicated in advance and in writing or electronically, or, if no time is indicated, no later than 45 minutes prior to the published departure time;
• only for passengers traveling on a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer or other commercial program;
• where Air Horizon Limited is the operating airline for the flight.

Attendance rules

When Air Horizont reasonably expects a flight to be delayed beyond the scheduled departure time:

1. for two hours or more in the case of flights of 1500 kilometers or less; or
2. for three hours or more in the case of all intra-Community flights over 1500 kilometers and all other flights between 1500 and 3500 kilometers; or
3. for four hours or more for all flights not included in (a) or (b).
   Air Horizont will offer you free of charge: 
   • food and beverages in reasonable proportion to the waiting time; and
   • two telephone calls, telex or fax messages, or e-mails.
     When the expected departure time is at least the day after the previously announced departure time, in addition to the assistance described above, Air Horizont will offer you:
   • hotel accommodation in the following cases:
   • when a stay of one or more nights is required, or
   • when a stay in addition to your planned stay is necessary; and
   • transportation between the airport and the place of accommodation (hotel or other).

When the delay is at least five hours and you choose not to travel on the delayed flight, in addition to the meals and communications assistance described above, Air Horizont will offer you: reimbursement within seven days (in cash, by electronic bank transfer, banker's orders or bank cheques or, with your signed agreement, travel vouchers and/or other services) of the full amount of your ticket, at the price at which it was purchased, for the part or parts of the trip not taken, and for the part or parts already taken if the flight no longer serves any purpose in relation to your original travel plan, together with, where relevant, a return flight to the first point of departure, as soon as possible.

Air Horizont will provide you with the assistance described above within the time limits set forth in paragraphs (a) - (c) above with respect to each distance segment.
The assistance described above shall apply without prejudice to any right you may have under applicable law (including EU Directive 90/314 on Package Travel) to additional compensation, although such assistance granted may be deducted from such additional compensation.

This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union. The list of contact details of the national body designated for the application of the Regulation is attached.