The following General Terms and Conditions of Air Charter Agreement (following herein “GTCACA”), apply on all Charter Contracts and Charter Flights concluded by Marathon Airlines S.A. (following herein “Marathon”) with any respective Customer -legal or natural person- (following herein “Client”) in respect of following type of Aircrafts: Embraer Legacy 600 with Greek Registration Mark SX-KKA and Hawker 800XPi with Greek Registration Mark SX-FLY.
These GTCACA, together with the signed Charter Contract, constitutes the Entire Agreement between the Parties [“Air Charter Agreement” or “Agreement”] and apply to all charter flights from the moment at which Marathon has received the Charter Contract signed by the Client until the Aircraft reaches its final destination, except as otherwise noted herein or in the Charter Contract. In case specific arrangements have been agreed in the Charter Contract, which are in conflict with any term of these GTCACA, the respective clauses from the Charter Contract shall prevail.
The above excluded costs, if requested by the Client, without limitation, will be invoiced separately at cost, including any applicable taxes, plus an administration surcharge of 10%.
Additionally, Marathon may terminate this Air Charter Agreement by notice to the Client without any compensation and by implementing the cancellation policy noted below (Section 2.H.):
Marathon may also terminate this Air Charter Agreement without notice and by implementing of the cancellation policy below, if Marathon, in its sole discretion, determines that transportation would be unsafe or in violation of any applicable law, rule or regulation.
Client shall indemnify Marathon for all claims whatsoever put forward by passengers or any other related or third party, in connection with the cancellation occurred either from the Client or Marathon under the above.
Flights identified as “One Way” shall be subject to a cancellation fee from booking.
The standard per person baggage allowance is one (1) 20 kg bag plus one (1) personal item. Certain aircraft have limited baggage capacity to carry more than the standard allowance. It is the responsibility of Client to bring to Marathon’s attention prior to the flight their desire to carry an amount of luggage greater than the standard allowance. This will allow Marathon an opportunity to determine if the luggage can be carried. If the aircraft cannot be loaded with all the intended luggage it may be shipped separately via an available air freight or courier service to the destination at the option and expense of Client.
Client/Passengers must be at the designated pick-up point, at least 30 (thirty) minutes before scheduled flight departure, unless otherwise agreed with Marathon, in writing. Marathon has the right to cancel a flight if the Client is not at such designated point on time as per Section 2.G. above. Client shall be responsible for loss or damage to the aircraft or other property aboard the aircraft, including expense, claim, liability and/or suit associated therewith, caused by or attributable to Client, its employees and/or the cargo. Client shall also be responsible for anyother matter allocated to it pursuant to this charter, including loss, damage,expense, claim, liability and/or suit associated therewith, to include all matters notspecifically allocated to Marathon. Client agrees to indemnify and hold harmless(including legal fees and costs) Marathon of a nd from the foregoing responsibilities.
A. All charter flights conducted by Marathon under the Air Charter Agreement shall be covered by aircraft liability insurance. At Client's request, Marathon will provide Client a certificate of insurance evidencing such liability coverage. Insurance coverage for loss or damage to property (including, without limitation, baggage and personal effects) of Client or any passenger will be limited to the relevant insurance coverage in place. Upon request f rom Client, and if available, Marathon will arrange for higher coverage for any such property loss or damage in consideration of an additional charge as specified by Marathon.
B. Client shall indemnify Marathon, its employees and agents against all claims, expenses and costs, including legal costs, in respect of any liability to third parties for any damage whatsoever arising out of any act or omission on the part of Client, passengers and shippers, resulting in liability of Marathon, its employees or agents.
C. Exceptions: Marathon shall not be liable for loss, damage, delay or other result caused by:
D. Limitation of Liability
A. Client ensures that the passenger’s baggage does not contain anything of a hazardous nature or of a nature prohibited by any country or state involved and that the passengers are not accompanied by animals of any kind. Animals may be permitted aboard only with t he express permission of Marathon.
B.If Marathon is fined or has to meet expenses due to non-compliance on the part of Client, passengers or shippers with all formalities or regulations under whichthe air transportation is performed, Client shall indemnify Marathon for all such fines, expenses and additional costs.
C.Client shall indemnify Marathon, its employees and agents with regard to all economic consequences of Marathon, its employees and agents being charged with any other and/or higher liability than mentioned in this Section 9. This Section 9(c) shall not be effective as a limitation of Marathon’s liability under the Montreal Convention.
A. Information must be provided by filling out the KYC Form provided by Marathon in respect of the Client as well each of the Passengers, at least 72 hours prior to departure, in order to make the necessary customs and immigration arrangements. In any case this obligation is a condition precedent before aircraft’s dispatch. Noncompliance with this obligation suspends Marathon's obligation to perform the agreed charter flight schedule and respective cancellation policy under Section 2.H. above applies.
B. Each Passenger must have a:
For the avoidance of any doubt, completeness of the applicable travel documentation of the Passenger’s lies solely on Client’s responsibility and liability, to whom any fine or penalty imposed to Marathon because of non-compliance by the Passengers of those documents, will be charged.
- Additionally, International Legislation and Best Practices, as follows: U.S.A. Foreign Corrupt Practices Act (FCPA)
- U.S.A. Federal Sentencing Guidelines for Organizations (FSGO): Compliance and Ethics Program
- UK Bribery Act2010
- Adequate Procedures – Guidance to the UK Bribery Act 2010
-United Nation Global Compact 10th Principle
Marathon Airlines shall refuse services to individuals that may be found on EU, US, UK et al Persons of Interest lists, that is, any list promulgated by authorities under applicable legislation and US Sanctions laws that restrict or prohibit dealings with identified persons or entities, including but not limited to, (i) the Office of Foreign Assets Control (“OFAC”): Specially Designated Nationals (“SDN”) list, Foreign Sanctions Evaders List, Sectoral Sanctions Identifications List; (ii) Bureau of Industry and Security (“BIS”) Entity List and Denied Parties List; (iii) the Consolidated list of persons, groups and entities subject to EU financial sanctions, and; (iv) Company Consolidated List of Financial Sanctions Targets in the UK.