General terms and conditions of carriage
On July 1 2020, JUNG SKY Ltd., Strojarska cesta 20, Zagreb, Croatia, VAT: 27095944238 (later on referred to as: the Carrier) issued the following:
General terms and conditions of carriage
I GENERAL TERMS
These General terms and conditions of carriage apply to contracting and transport of passengers and luggage on board the aircraft operated by the Carrier.
The Carrier will carry out the transport of passengers and luggage in accordance with the Contract, as well as in accordance with international and national regulations which regulate the legal binding relations in air transport.
II TERMS / CONCEPTS
Certain terms from these General Terms, as well as from certain contracts of transport, have the following meaning:
“Aircraft of the Carrier” – the aircrafts with which the Carrier is authorized to carry out commercial transportation of passengers and goods
“Carrier” – the company JUNG SKY Ltd, Zagreb, Croatia, Strojarska cesta 20
“Charterer” – a physical or legal entity which contracted the transport
“Passenger” – a person who has the right to transportation based on the Contract of Transport
“Luggage” – registered and unregistered personal belongings which the passengers carry with them on the trip
“Hand Luggage” – personal belongings that the passengers carry with them or on them during the flight
“Transport Fee” – the total fee for the transport service
“Day” – calendar day
“Checked luggage” – passengers’ personal belongings that are transported in the cargo compartment
III CONTRACT OF TRANSPORT
For each individual flight, the Carrier and the Charterer will close a Contract of Transport.
The Carrier will provide transport only for the Passengers for whom the transport is contracted and who are identified by the Carrier on the basis of relevant documents.
The Contracted right to transport is not transferable without the consent of the Carrier.
The Contract of Transport for the Passenger can be closed by the Charterer different than the Passenger, in his own name or on behalf of the Passenger.
IV TRANSPORT FEE AND FLIGHT PAYMENT
The Transport Fee is defined by a contract between the Charterer and the Carrier.
The Transport Fee refers only to air transport from the departing airport to the arrival airport, unless stated otherwise by the contract of transport.
Also, unless stated otherwise in the Contract of Transport, the transport fee does not include:
- ground transport expenses
- expenses of de/anti icing (of aircraft)
- expenses of additional services requested by the Passenger or the Charterer (catering, parking, VIP lounge etc.)
If it is necessary because of increased public fees or operating costs, the Carrier reserves the right to increase the Transport Fee even after it has been paid in full. However, if the price is increased by more than 10% of the contracted price, then the Passenger has the right to cancel the Contract of Transport and request the refund of the paid amount.
The Transport Fee is contracted in the currency defined by the Carrier.
Unless explicitly agreed otherwise, all flights shall require advance payment. The charter sum must be transferred in time so that it is on the bank account of Jung Sky d.o.o. at least two days before departure. If a payment is not possible in due time, for example with weekend contract conclusions, the charter contract price including an additional 5% credit card fee will be reserved on a credit card provided by the Charterer. If the bank transfer takes place within six days after credit card reservation is made, the reservation will be cancelled. If the transfer is not on time, the reserved sum will be charged to the credit card. Credit card payments are an accepted alternative to bank transfers. The charter price including an additional 5% credit card fee will be charged to the credit card provided by the Charterer.
V CANCELATION OF TRANSPORT FROM THE CLIENT
If the Charterer does not pay the Transport Fee within the due date or cancels the flight, the Carrier may cancel the contract.
In case the Charterer cancels the contracted transport, the Carrier has the right to appropriate compensation from the Passenger/Charterer for the unused transportation as follows:
- If the flight is cancelled within 7 days, but more than 72 hours before the scheduled departure time, a cancellation fee of 30% of the contracted transport fee will be applied
- If the flight is cancelled within 72 hours, but more than 24 hours before scheduled departure time, a cancellation fee of 50% of the contracted transport fee will be applied
- If the flight is cancelled within the last 24 hours or in case of a no-show, a cancellation fee of 100% of the contracted transport fee will be applied
In case the Passenger or the Charterer cancel the contracted transport, the Carrier keeps the right to charge additional services ordered by the Passenger or Charterer which are not included in the Transport Fee (catering, parking, VIP lounge, airport transfer etc.).
VI SCHEDULE CHANGES BY THE CLIENT
Schedule changes are possible only with the prior consent of the Carrier.
In the event of a schedule change, the Carrier reserves the right to increase the transport fee.
VII BOARDING OF PASSENGERS
Within the Contract of Transport, the Carrier will define the time of arrival of the passenger at the departing airport, taking into consideration the rules of that specific airport.
The passenger must arrive to the defined meeting point at the time defined in the Contract of Transport by the Carrier, at the latest.
The Carrier may cancel the transport if the Passenger did not arrive to the defined meeting point at the agreed time or he/she does not meet the conditions required for boarding the aircraft (documents, health status, cross border ban, security check, measures and recommendations of public health authorities, etc.). In that case, it is considered that the Passenger/Charterer has canceled the contracted transport within 24 hours before departure time and the Carrier has right to compensation in the amount of 100% of the agreed Transport fee.
The Carrier will take into account the Passengers' requests for a specific seat in the aircraft, while reserving the right to eventually change their seats for safety or any other legitimate reasons.
Denial and restriction of transport
If for a justified reason, the Carrier can refuse to enter a Contract of Transport with a certain Charterer/Passenger.
The Carrier can deny transport of passengers and their luggage specifically in the following cases:
- if the Transport Fee has not been paid or the passenger hasn’t got the proper documentation to board
- if the passenger has no right to enter a particular country or that right was not obtained
- if the Passenger has acquired the document that gives him/her the right for transport from a person who has not requested or received approval from the Carrier for the transfer of rights
- if the Passenger can’t or isn’t willing to prove his/her identity
- if the Passenger fails to comply with security measures or refuses a security screening
- if the Passenger fails to comply with the rules and recommendations prescribed by public health authorities
- if the transport of the particular passenger could endanger the safety and comfort of other passengers or crew
- if the mental or physical condition of a particular passenger is such that it could present hazard or risk for himself/herself, crew, other passengers or property (alcohol influence, the influence of narcotics, etc.)
- if on previous flights the Carrier had problems with the Passenger because of his/her inappropriate behavior
- if the transport of a particular passenger or his/her luggage presents breach of rules or measures prescribed by public authorities
Assistance to passengers with limited or reduced mobility
While contracting the transport, the Passenger/Charterer is obliged to inform the Carrier that the passenger is a person in need of assistance during transport.
Persons in need of transport assistance are: unaccompanied children, pregnant women, persons with disabilities, the elderly and persons with reduced mobility, sick persons and other persons whose condition requires special assistance during transport.
While arranging transport of unaccompanied minors, the Carrier will instruct the Passenger or Charterer that appropriate documents need to be obtained by the child’s parent or child’s legal guardian.
The fee for transport of luggage
The Carrier will transport the luggage together with the passengers.
Usually, the Carrier does not charge a separate fee for Passengers’ luggage which does not exceed the defined weight.
The Carrier has the right to refuse to carry luggage that exceeds the specified weight defined by the Contract of Transport as well as the luggage which cannot be loaded onto the aircraft due to its size. Luggage size is limited by dimensions of aircraft doors which are 60 cm x 46 cm.
Items which, by their shape or volume, do not constitute standard luggage may be carried with the prior consent of the Carrier. The carrier reserves the right to charge extra for the service of transporting such items.
Screening of luggage and passengers
The Carrier is authorized to request the Passenger to allow the screening of him/her or his/her luggage and if the passenger is not available, the Carrier may perform the screening of luggage in his absence in order to determine whether his/her luggage contains items that are prohibited as luggage in air transport. If the passenger refuses such inspection, the Carrier shall deny the transport of the passenger and luggage. For any damage that would be caused to the passenger during screening the Carrier is liable only for the damage that occurred due to the extreme negligence of the Carrier during examination.
Luggage not allowed for transport
The following items are not allowed to be carried in the luggage:
- items that are prohibited for air transport by international regulations or rules of the Carrier itself because they endanger the aircraft or people or property on the aircraft
- items which are prohibited to be part of air transport in accordance with the regulations of the countries in which or through which the transport is performed
- firearms and ammunition, other than hunting and sporting weapons and ammunition which may be transported only as checked baggage, secured against possible activation
- items which the Carrier reasonably deems to be dangerous or endangering to safety due to their size, shape or structure, taking into consideration the type of aircraft on which the transport is performed
The Carrier will refuse to carry as luggage all items that are prohibited in air transportation. If during the transport the Carrier finds that there are items in the luggage that are prohibited in air transport, he is authorized to refuse the continuation of the transport of these items.
A detailed description of items that are not allowed to be in the luggage can be found on THIS LINK.
Items of significant value, like money, identification documents, valuables, computers, mobile phones, cameras and other valuable or irreplaceable items, as well as medicines for personal needs of passengers during the trip, must be carried as hand luggage. The Carrier shall not be liable for possible damage due to destruction, loss or damage to such items.
Generally, the volume of passengers' hand luggage is limited to the luggage that can be safely and easily stored in the aircraft’s passenger cabin.
Items that by their nature may pose a danger or interference to the aircraft, crew, passengers and / or other items, or are not suitable for transportation in the aircraft passenger cabin, can’t be brought into the aircraft as hand luggage.
If the hand luggage cannot be safely and easily stored in the passenger cabin, it will be carried in the aircraft’s cargo compartment.
The Carrier’s responsibility for damages of the luggage
Unless directly caused by him, the Carrier will not be responsible for destruction, loss or damage of the passenger hand luggage.
Transport of pets
Upon passenger request, the Carrier will allow transport of passenger’s dog or cat under the following conditions:
- The dog or the cat must be placed in appropriate kennel. Pet documentation on health status / vaccination shall be up to date and valid, and entry requirements shall be met.
- The maximum permissible weight of a pet must not exceed 8 kg.
- Pets will be carried in the aircraft cabin.
The Carrier shall not be liable for any possible damage to the health of the animal or for the death of the animal, nor for the possible refusal of any state for the animal to enter or cross that state.
IX TRANSPORT TIME
In the event that the Carrier is unable to perform the transport within the contractual period due to circumstances beyond its control, the Carrier is not liable for any inconvenience or harm the Passenger may experience. If such situation occurs, the Carrier may modify the flight schedule and is obliged to notify the Charterer about the new schedule without delay.
The Charterer will accept the modified schedule if it is organized within 4 hours after the contract deadline. If the flight is organized within a period longer than 4 hours from the contractual deadline, the Charterer may cancel the contract and has the right to a refund of the Transport Fee paid with the deduction of necessary costs or fees for the performed part of the transport.
The Charterer agrees that the Carrier is authorized, instead of the contracted type of aircraft, to provide the transport service by a different type of aircraft, provided that such change does not affect the transport service. In case of operational and / or technical problems, the Carrier is authorized to offer the Charterer another aircraft or another carrier who will perform the contracted transport for the Carrier.
X RULES OF CONDUCT ON THE AIRCRAFT
For the entire duration of the transport, the passengers must respect other passengers and the crew of the aircraft, without compromising their comfort and safety. The Carrier may take the necessary measures against the Passenger on the aircraft in following situations:
- if his/her behavior endangers persons and property on the aircraft or disturbs their comfort
- if he/she does not follow the crew instructions on the prohibition of smoking, consumption of alcohol and narcotics, etc.
- if he/she interferes with the crew in their work
- if he/she inflicts injury to another passenger
Or any other passenger behavior that endangers safety.
In the cases described, the Carrier may disembark the passenger from the aircraft or prohibit him/her from continuing his/her journey at any place of intermediate landing, initiate proceedings against him/her and demand compensation for damages and/or expenses.
Prohibition of electronic communication
For safety reasons, the Carrier may temporarily or for the entire duration of the flight prohibit the Passenger from using electronic devices: mobile phones, computers, radios, CD players, electronic games etc.
XI TRAVEL DOCUMENTATION
The entire documentation required for the passengers to have in order to travel to another country are required to be obtained by passengers themselves and the Carrier is not responsible for their failure to obtain appropriate documents required for travel to another country or for transit through a particular country.
Prior to the trip, the Passenger is obliged to present the travel documents to the Carrier and allow the Carrier to make copies of documents required for a particular trip. The Carrier may reject the Passenger if it considers that the Passenger did not meet the conditions for transport to a particular country.
If the Passenger is denied with an entry to a particular state due to lack of travel documents, the Passenger is obliged to compensate the Carrier for any damages that were caused to the Carrier and the Passenger is not entitled to a refund of the Transport Fee for the performed part of the transport.
XII CUSTOMS CONTROL
The Passenger is obliged to undergo a customs check in person and with his luggage and to be present at the request of the customs service while they are checking his/her luggage.
The Carrier is not responsible for the actions of the customs service or the behavior of passengers during customs check.
The Passenger must allow any security clearance by public authorities, airport staff and the Carrier.
XIII DAMAGE RESPONSIBILITY
The liability of the Carrier for damage caused in transport is regulated by international regulations. As far as any damage in domestic air traffic, the liability is regulated by the positive regulations of the Republic of Croatia.
XIV FINAL DIRECTIVE
These General terms and conditions of carriage enter into force on the day of their publication on the Carrier's official website.