Terms and Conditions
Terms and Conditions
Terms and Conditions for Passengers and Baggage relating to carriage where Helivation (EU) Ltd (trading as Helivation) is the Carrier.
As you read these Terms and Conditions, please note that:
"We", "our", "ourselves" and "us" means Helivation (EU) Ltd (see also definition of "Carrier"); and
"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft with our consent (see also definition of "Passenger").
"Agreed Stopping Places" means those places, except the place of departure and the place of destination, set forth in the Ticket or shown in our timetables as places at which the aircraft is scheduled to stop en route;
"Additional Conditions" means all applicable terms and conditions to your Booking which apply in addition to these Terms and Conditions;
"Ad-hoc Charters" means the charter of the whole aircraft for a defined number of flying hours for the purpose of travel, survey, aerial photography, or filming;
"Baggage" means your personal property accompanying you in connection with your Flight;
"Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage;
"Booking" means a booking made by you for the purchase of a Flight and which is accepted by us in accordance with these Terms and Conditions;
"Booking Reference" means the number you are given by us to identify each flight reservation made by you which is confirmed by us;
"Carrier" means Helivation (EU) Ltd (see also definition of "we, "our", "ourselves" and "us");
"Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Identification Tag;
"Convention" means whichever of the following instruments are applicable:
• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the "Warsaw Convention");
• the Warsaw Convention as amended at The Hague on 28 September 1955;
• the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
• the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
• the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
• the Montreal Convention (1999)
as supplemented by the Guadalajara Convention (1961) where applicable;
"Damage" includes death, wounding or bodily injury to a Passenger and loss, partial loss, theft or other damage to Baggage of whatsoever nature arising out of or in connection with carriage or other services incidental thereto performed by us;
"Days" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted;
"EC Regulation" means Council Regulation 2027/97 on air carrier liability in the event of accidents as amended by European Parliament and Council Regulation No. 889/2002;
"Fare" means the amount paid or to be paid for the relevant Flight;
"Flight" means a single Flight from the point of origin to the destination which may be either an Ad-hoc Charter, or a Pleasure Flight;
"Journey" means a single Flight from the point of origin to the destination;
"Operations Manual" means the Operations Manual developed by Helivation (EU) Ltd, which governs all aspect of the Carrier’s operations in order to comply with the legal requirements of public transport air travel and approved by the Civil Aviation Authority in issuance of the Carrier’s Air Operators Certificate;
"Passenger" means any person, except members of crew, carried or to be carried in an aircraft with our consent (see also definition for "you", "your" and "yourself";
"Pleasure Flight" means a flight measured in minutes departing from and arriving back to the same geographical position;
"Special Drawing Right" is a unit of currency which the International Monetary Fund fixes from time to time as having a Sterling or other currency equivalent;
"Stopover" means a break in your journey at an Agreed Stopping Place, which break has been agreed to in advance by us;
"Tariff" means the Fares, charges and conditions applicable thereto;
"Terms and Conditions" means these terms and conditions published by us and in effect from time to time governing your Booking;
"Ticket" means the confirmation of Flight details (including the Booking Reference), date of flight, point of origin, destination; or in the instance of a Pleasure Flight no date for the flight, points of origin or destination will be shown, instead a duration of flight will be provided in terms of the number of minutes to which the Passenger is entitled to enjoy for the purpose of a Pleasure Flight. In all instances the Ticket will detail Terms and Conditions and important notices issued by us or on our behalf (whether in the form of a Confirmation Letter or the equivalent information on the Website);
"Unchecked Baggage", which is equivalent to hand luggage including all personal items taken onboard by a Passenger, is Baggage other than Checked Baggage;
"Website" means the internet site www.helivation.eu provided by us for the purpose of providing information to Passengers and to allow Passenger to make online reservations.
2.1.1 Except as provided in Paragraphs 2, 3 and 4 of this Article, these Terms and Conditions govern all bookings you make with us and to any liability we may have in relation to that Booking.
2.1.2 The Additional Conditions form a part of these Terms and Conditions and apply to your Booking. We strongly advise that you read the Additional Conditions relevant to your Booking.
2.1.3 All products on www.helivation.eu are not an offer by us but an invitation for you to make an offer to us. You make this offer when you click the "I agree to Helivation Ltd terms and conditions" during the booking process. We are able to accept or reject any such offers. If we do accept your offer we will send you an e-mail confirming acceptance. Once you have received an email from us confirming our acceptance of your booking there is a binding contract in place between you with us. Please check the confirmation e-mail very carefully. If there are any discrepancies or it is not what you think you ordered, please contact us immediately.
2.1.4 When you make a booking, we will ask you for a lead booking name. The lead name on the booking guarantees that he or she has the authority to accept and does accept these terms and conditions on behalf of the whole party. The lead booking name undertakes that he/she has authority to act on behalf of all passengers and/or members of that booking party. This includes accepting any communications/correspondence from us on behalf of all passengers/members of your booking party. You have to be at least 18 years old to be the lead booker.
2.1.5 By providing the lead booking name and contact details you consent to our use of these contact details in all later correspondence, between you and us or our partners. It is particularly important that the contact details provided to us are correct because we will use these details if we need to contact you to inform you of any changes, amendments and cancellations to your booking.
2.2. Overriding Laws
If these Terms and Conditions or any of them are inconsistent with any laws which apply to your contract of carriage with us, those laws will apply and these Terms and Conditions shall be read as if amended to enable them to remain legal.
2.3. Conditions Prevail over Additional Conditions
Except as provided herein, in the event of inconsistency between these Terms and Conditions and any relevant Additional Conditions to your Booking, these Terms and Conditions shall prevail.
3.1. Ticket Prima Facie Evidence of Contract
The evidence of the contract of carriage is the Ticket. The Ticket, these Terms and Conditions and other Additional Conditions (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.
3.2. Changes to your Ticket
If you wish to change your flight or the Passenger to be carried you may do so in the circumstances provided in Article 6.2. Otherwise, your contract of carriage with us is not transferable. We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed Flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with Article 11.
3.3.1. A Ticket is only valid for the Passenger named and the Flight specified being the person and Flight for which the reservation was originally made or as subsequently changed and accepted by us in accordance with Article 3.2 above.
3.3.2. Tickets may be issued by the Carrier without reference to a specific flight, date, or Ad-hoc Charter, in such instances the Ticket is valid for a period of six months from issue during which a flight of the duration shown on the ticket must be booked and such booking used within the stated period from the booking date.
3.3.3. The Carrier may withdraw or postpone Flights as a result of the minimum number of passengers required for the flight not being reached, under these circumstances an alternative date will be offered.
3.3.4. The Carrier reserves the right to reschedule the time and/or location of any flight at short notice. Other passengers may delay flights, which cannot progress without the minimum number of passengers, upon which your ticket price is based, delays are therefore possible and the Carrier cannot accept responsibility for delays, curtailments, weather changes and breakdowns.
3.4. Name and Address of the Carrier
Our name and address may be abbreviated on any of our documents of carriage or on the Website. The address of our registered offices can be found at the end of these Terms and Conditions.
3.5 Ad-hoc Charters
3.5.1. In all instances full payment for an Ad-hoc Charter at least 14 days prior to the required date. A 35% deposit is required to confirm the booking of an Ad-hoc Charter.
3.5.2. The aircraft Commander will determine on the day if flight is possible, with consideration to weather / conditions and the nature of the Flight itself. The aircraft Commander's decision as to whether the Flight is safe, is final.
3.5.3. Cancellations due to weather / conditions in relation to the specifics of the flight will entitle the Passenger to a refund or to re-book for a different date in accordance with Articles 10 and Article 11. The Passenger hereby acknowledges that cancellations for any reason will not give rise to any form of damages for consequential losses whatsoever.
Restrictions: Health & Body Weight
4.1. The Tickets offered carry restrictions due to the nature of the aircraft used upon which your Ticket price is based. Such restrictions relate to physical size, mobility, age and the body weight of the Passenger. The Carrier does not accept responsibility for Tickets rendered invalid due to the unsuitability of the Passenger in relation to the abovementioned criteria or any other physical or mental characteristic that might in the opinion of the Carrier present a safety risk to the aircraft crew and / or fellow passengers. Clarification as to the Passengers suitability for a Flight with the Carrier should be addressed prior to Booking by contacting the Carrier to discuss safety criteria.
4.1.2. The Passenger hereby warrants by booking with the Carrier that he or she is medically and physically fit and able to travel by helicopter. A passenger with any medical condition or disability or knowing any other factor, which may adversely affect travel must advise the Carrier at the time of booking, even if such details have been given in connection with previous flights. The company may decline to accept an individual booking if they consider that they cannot properly meet that individual Passenger's needs and requirements, or if they otherwise consider in their absolute discretion that travel be refused on grounds of aircraft, crew and / or fellow passengers safety being put at risk.
4.1.3. All bookings are subject to aircraft limitations, the carrier operates light rotary winged aircraft a fact acknowledged by the Passenger at the time of his / her offer to book. In order to operate within aircraft weight and balance limitations as specified in the aircraft Flight Manual and the Carrier’s Operations Manual the Carrier must be provided advance warning if the Passenger weighs in excess of 17 stones (108kg), or is more than 6ft 3in (190cm) tall.
Fares and Rates
5.1.1 Fares apply only for carriage from the point of origin to the point of destination. Fares do not include ground transport services. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Ticket for the Flight or Flights concerned. Should you wish to change your Flight there may be additional payments due, as set out in clause 6.2.
5.1.2 Helivation Ltd is a UK based business. Under certain circumstances customers transacting with payment cards on a cross border basis may be subject to additional fees levied by their card issuer. Any query relating to these fees should be taken up with the card issuer.
5.2.Taxes and Charges
5.2.1. Any taxes or charges imposed by Government or other authority, including the operator of an airport, which we are obliged to collect from you or pay in respect of you and your Flight may be payable by you to us in addition to the Fare. At the time you make a reservation you will be advised of the total amount of such taxes and charges not included in the Fare and payable by you. Such taxes and charges imposed on air travel are constantly changing and can be imposed after the date that your reservation has been confirmed. If any such tax or charge is introduced or increased after the reservation was made you will be obliged to pay it prior to departure. Failure to make payment may affect your ability to fly with us. You authorise us to deduct such charges from the credit card or debit card used to make your booking. Similarly, if any such tax or charge due is abolished or reduced before we are obliged to pay it you will be entitled to claim a refund from us.
5.2.2. Tariffs or Fares detailed whether on websites, brochures, or howsoever communicated are correct at the time of calculation, the Carrier reserves the right to change Tariffs or Fares without notice. Revised Tariffs or Fares shall be quoted at the date of Booking. If after the date of Booking there have been increases in input costs such as fuel prices, landing fees and (but not limited to) employment costs in the period since the Passenger made the Booking or had the Booking made on their behalf. The Passenger shall pay a supplement. The company will communicate such supplements to Passengers, as soon as is practicably possible, which may be on the day of the Flight or Journey.
Fares and charges are payable in the currency in which the Fare is published unless otherwise agreed by us.
6.1. Reservation Requirements
A reservation for a particular Booking is confirmed by the issuance by us of a Booking Reference. It is not necessary for you to reconfirm a Flight for which there is a Booking Reference.
You are not entitled to change Flight reservations once confirmed, save that names of Passengers or Flights (subject to space being available) may be changed prior to check-in for the original Flight on payment of a fee of 10% of the Fare per Passenger per Flight and any difference in Fares or taxes and other charges which may be applicable at the time the change is made, subject always to availability.
6.3.1. Fares for Pleasure Flights including all taxes and, in relation to your Flight charges relating to your reservation must be paid in full when a confirmed reservation is made. If such sums have not been paid in full (or appropriate credit arrangements are not made with us) when a reservation is confirmed, we may at any time prior to check-in cancel the reservation.
6.3.2 Fares for Ad-hoc Charters all taxes and, in relation to your Flight charges relating to your reservation must be paid in full 14 days before the date of the Ad-hoc Charter. A 35% deposit must be paid immediately when a confirmed reservation is made. If such sums have not been paid in full (or appropriate credit arrangements are not made with us) when a reservation is confirmed in relation to the deposit, or the balance 14 days before the flight, we may at any time prior to check-in cancel the reservation.
6.4. Personal Data
You recognise that your personal data has been given to us for the purposes of making a Booking and providing you with confirmation of that Booking; providing and developing ancillary services and facilities; direct marketing (subject to your right to withdraw your authority); accounting, billing and auditing; checking credit or other payment cards; security, administrative and legal purposes; systems testing, maintenance and development; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; and helping us in any future dealings with you. For these purposes you authorise us to retain and use your personal data and to transmit it to our own offices, authorised agents, government agencies, other carriers or the providers of the services wherever they may be located.
6.5. Flight Seating
We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the Flight.
6.6. Fare non-refundable
The Fare will be payable by you if you fail to use space for which a Flight Booking has been made, save as provided in Articles 10.2 and 11.1.
You must arrive at the point of origin sufficiently in advance of the agreed Flight departure time to permit completion of formalities and procedures. Deadlines may vary for particular Flights. It is your responsibility to ensure that you comply with these deadlines details of which will be available at the time you make your reservation. In any event we reserve the right not to accept you for travel less than 60 minutes before the scheduled departure time of your Flight. If you fail to present yourself for check-in by the time limits stated above, or appear to be improperly documented and not ready to travel, we may refuse to carry you and we are not liable for any loss or expense due to your failure to comply with the provisions of this Article.
7.2. Security Inspections
You shall submit to any security checks or requirements by Government or airport officials or by us.
Refusal and Limitation of Carriage
8.1. Right to refuse carriage
We may refuse to carry you or your Baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
(a) such action is necessary for reasons of security;
(b) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over including laws or regulations relating to Advanced Passenger Information requirements;
(c) your conduct, status, age or mental or physical condition or the physical condition of your Baggage is such as to:
• require our special assistance; or
• cause harm, discomfort or make yourself objectionable to other passengers or crew; or
• involve any hazard or risk to yourself or other persons or to property; or
(d) you have committed misconduct on a previous Flight and such conduct may be repeated; or
(e) you have not observed, or may fail to observe, our instructions with respect to safety or security; or
(f) you have refused to submit to a security check; or
(g) the applicable Fare or any charges or taxes payable have not been paid, or credit arrangements agreed between us and you (or the person paying the Fare) have not been complied with; or
(h) you do not appear to be properly documented; or
(i) any of our documentation presented by you:
• has been acquired unlawfully or has been purchased from an entity other than us or our authorised agent; or
• has been reported as being lost or stolen; or
• is counterfeit; or
• has been altered by anyone other than us or our authorised agent, or has been mutilated;
in which case we reserve the right to retain such documentation; or
(j) the person presenting for check-in or boarding cannot prove that he is the person named as the Passenger on the Ticket. We reserve the right to retain such Ticket in these circumstances.
8.2. Limitation on Carriage
Unaccompanied minors, persons with special needs or pregnant women will not be accepted for carriage in due to the limited capacity and cabin space in light helicopters.
9.1. A small amount of baggage such as a handbag may be allowed but this will depend on the weight and balance calculations carried out by the aircraft commander. There is no automatic right to carry any baggage, however small and the passenger hereby acknowledges this limitation whilst travelling in small aircraft, such as that employed by the Carrier, which may be at capacity with the combined weight of crew and passengers. The aircraft commander will have the final say on carriage of any baggage and its effect on the safety of aircraft, crew and / or fellow passengers.
(a) in the event your are permitted to carry any baggage the following items must not be included in your Baggage:
• firearms of any type including replicas or toys
• explosives such as fireworks, flares, toy gun caps
• gases such as camping or compressive gas cylinders tear gas, mace or CS devices
• gas powered devices (other than hair curlers) such as culinary blow torches or soldering irons
• flammable materials such as petrol, lighter fuel, paint, thinners, non-safety matches, fire lighters
• poisons such as weed killers, insecticides
• corrosives such as filled car batteries, mercury
• sharp items, such as knives
• any items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) (such documents are available from us on request);
• items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
• items which in our reasonable opinion are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
• live animals;
• human remains.
(b) Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as in accordance with our Operations Manual. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations.
(c) You must not include fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
(e) If any items referred to in (a) (b) or (c) of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Terms and Conditions applicable to the carriage of Baggage.
9.2. Right to Refuse Baggage
(a) We may refuse carriage as Baggage of any item at the discretion of the aircraft commander and may refuse further carriage of any such items on discovery thereof.
(b) We may refuse to carry as Baggage any item because of its size, shape, weight or character.
9.3. Right to Search
(a) For reasons of safety and security, we may require you to permit a search, x-ray or other type of scan to be made of your person and your Baggage, and may so search or have searched your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 9.1 or any items or munitions which have not been presented to us in accordance with Article 9.1. If you are unwilling to comply with such requirement we may refuse without refund or other liability to carry you or your Baggage. In the event that a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
(b) If required, you must attend the inspection of your Baggage, by Government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our negligence.
The carriage of animals and livestock of any kind is forbidden.
9.5. Human Remains
Human remains will not be accepted for carriage on any route.
Cancellation, Postponement & Diversion of Flights by the Carrier
10.1. We will take all reasonable measures necessary to carry you with reasonable dispatch. Timings shown in documentation, Tickets or elsewhere are not guaranteed and form no part of the contract of carriage.
10.2. All flights are subject to availability and weather conditions, the Carrier cannot guarantee that the Flight will not be cancelled due to availability or adverse weather conditions. Cancellation of the Flight due to aircraft technical faults can also occur. At any time after a reservation has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any Flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety. If we do so:
(a) in the event of cancellation due to weather conditions the Passenger(s) will be provided with the following options, subject to availability, we will:
• rebook the Flight for a different date;
• make a partial refund of the Fare less 10% otherwise in accordance with Article 11;
• arrange for you to be carried by road to the Agreed Stopping Place or place of destination to which the Flight was intended to be bound.
(b) in the event of cancellation due to an aircraft technical fault the Passenger(s) will be provided with the following options, subject to availability, we will:
• rebook the Flight for a different date;
• make a full refund of the Fare in accordance with Article 11;
• arrange for you to be carried by road to the Agreed Stopping Place or place of destination to which the Flight was intended to be bound.
(b) in the event of diversion we will use our best endeavours to arrange for you to be carried by road to the Agreed Stopping Place or place of destination to which the Flight was intended to be bound;
(c) we will have no other liability to you in any way whatsoever save as set out in these terms and conditions, specifically no liability for any claims for damages, loss, expense or consequential losses for any failure to reach your destination at all, or at a specific time.
10.3. Where a cancellation occurs before the date of your departure, we will use reasonable efforts to inform you of any such cancellation.
10.4. Except in the case of negligence or fault on our part our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in the dates or times of departure or arrival or as to the operation of any Flight.
Cancellation of Flights by the Passenger(s)
10.5. Cancellation charges will be payable at the time of cancellation by the Passenger, in line with the following schedule:
(a) if the cancellation occurs prior to 7 days of the date of the Flight, we reserve the right to offer a refund less 10% following such Passenger cancellation;
(b) if the cancellation occurs within 7 days of the date of the Flight a refund less 10% will be offered following such Passenger cancellation;
(c) if the cancellation occurs within 48 hours of the date and time of the Flight a refund less 50% will be offered following such Passenger cancellation;
(d) if the cancellation occurs within 24 hours before the date and time of the Flight no refund will be offered following such Passenger cancellation.
Where a refund is payable in accordance with these Terms and Conditions, refund of the Fare or portion thereof as applicable shall be made by us in accordance with this Article. In any other circumstances not covered in these Terms and Conditions, we will not refund Fares on request.
11.2. Taxes and Charges
If after having made a reservation you do not fly with us, whether or not a refund of the Fare is payable you will be entitled to claim a refund of any APD advised to you and payable by you in accordance with Article 5.2, which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable service charge from any such refund where you fail to fly with us despite a Flight being available.
11.3.Person to whom refund will be made
(a) We shall make a refund only to the person who has paid the Fare, who may be required to produce satisfactory proof of original payment. Refunds sent within 60 days of the original booking payment will be made to the credit or debit card used to make the original booking, after this time refunds can only be made by bank transfer, cash or cheque.
(b) Except in the case of lost Tickets, refunds of Fares will only be made on surrender to us of the Tickets or any other documentation provided by us in relation to carriage.
(c) Refunds of Fares will only be made in accordance with this Article 11.
(d) A refund made to anyone presenting the Ticket or any other documentation provided by us in relation to carriage and holding himself out as a person to whom refund may be made in terms of subparagraphs (a), (b), or (c) of this paragraph shall be deemed a proper refund and shall discharge us from liability and any further claim for refund.
11.5. Credit/Debit Card Charges
Credit and debit card charges are not refundable.
11.6. Refund Alternatives
In circumstances where you accept an alternative to a refund the provisions of this Article will apply to that alternative.
Conduct Aboard Aircraft
12.1. If in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instruction of the crew or use any threatening, abusive or insulting words towards the crew or behave in any of these ways towards the crew, or behave in a disorderly manner or in a manner to which other Passengers may reasonably object, we may take such measures as we deem necessary to prevent continuation of such conduct including your restraint or removal from the aircraft. You may be prosecuted for offences committed on board the aircraft. You will indemnify us for all costs arising from your improper conduct on board the aircraft.
12.2. Unless we give our express prior permission, you are prohibited for reasons of safety from operating on board an aircraft any electronic equipment or similar devices except hearing aids and heart pacemakers. The equipment and devices which are prohibited from use include, but are not limited to, portable radios and recorders, mobile and cellular telephones, laptop computers, cassette and CD, DVD and MP3 players, electronic games or transmitting devices (including radio controlled toys and walkie-talkies).
12.3. If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you must pay to us all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
18.1 Flights: Please note that these Bookings are not protected.
Liability for Damage
14.1. Save as provided by the EC Regulation, carriage by us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.
14.2. The following conditions apply to all carriage of Passengers by us.
(a) We shall be liable to you in the event of an accident resulting in your death or other bodily injury whilst on board an aircraft operated by us.
(b) The amount of damages payable by us is not subject to any financial limit (be it defined by law, the Convention or contract) but for damages exceeding 100,000 Special Drawing Rights we can exclude liability if we prove that either such damage was not due to our negligence or other wrongful act or omission or that of our servants or agents or that such damage was solely due to the negligence or other wrongful act or omission of a third party.
(c) If we prove that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured Passenger we may be exonerated wholly or in part from our liability in accordance with applicable law.
(d) In the event of an accident resulting in the death or other bodily injury to a Passenger whilst on board an aircraft operated by us or in the course of embarking or disembarking, we shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 16,000 Special Drawing Rights per Passenger.
(e) Any advanced payment paid pursuant to (d) above:
• shall not be construed as an admission of liability by us and is made without prejudice to any defence which we are entitled to assert;
• may be offset against any subsequent sums payable on the basis of us being held liable;
• is not returnable unless we subsequently prove that: (1) the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured Passenger; or (2) the person who received the advanced payment caused, or contributed to, the damage by negligence or other wrongful act or omission; or (3) the person who received the payment was not the person to whom such compensation should properly have been paid.
(f) Save to the extent that applicable law may otherwise provide, where any advanced payment paid pursuant to paragraph 2(d) above, or any part thereof, is returnable to us pursuant to paragraph 2(e)(iii) above, the person who received the payment concerned shall make the repayment to us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to us, at the then current judgment rate applicable in the court having jurisdiction.
(g) In respect of any advance payment to be made pursuant to paragraph 2(e) above or any figure expressed in terms of an equivalent in Sterling to an amount in Special Drawing Rights the amount of the Sterling equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date;
14.3. The following conditions apply to all carriage of Baggage by us:
(a) in respect of Checked Baggage, we shall be liable to you for its destruction, loss or damage during the time it was in our charge and to the extent that damage did not result from the inherent defect, quality or vice of the Baggage. It is hereby acknowledged by the Passenger that Helivation (EU) Ltd, do not carry Checked Baggage;
(b) in respect of Unchecked Baggage, we shall only be liable to you if the damage resulted from our fault or that of our servants or agents;
(c) our liability to you in respect of Baggage shall be limited to a maximum of 1,000 Special Drawing Rights per Passenger unless (i) a higher value is declared to us at check-in of the Baggage concerned and a supplementary sum paid if required by us, in which case our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination or (ii) it is proved that the damage resulted from our act or omission or that of our servant or agent and was done with intent to cause damage or recklessly and with knowledge that damage would probably result, and in the case of such an act or omission by a servant or agent, it is also provided that they were acting within the scope of their employment.
14.4. Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement.
14.5. To the extent that not in conflict with the foregoing and whether or not the Convention applies:
(a) We are liable only for damage occurring on our Flights. A carrier issuing a ticket or checking Baggage on the Flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Convention applies with respect to Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred).
(b) We are not liable for damage to Unchecked Baggage unless such damage is caused by our fault or that of our servants or agents. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
(c) We are not liable for damage arising from our compliance with any laws or Government regulations, orders or requirement, or from your failure to comply with the same.
(d) Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.
(e) We are not liable for injury to a Passenger or for Damage to a Passenger's Baggage caused by property contained in such Passenger's Baggage unless that injury or damage is the result of fault or negligence on our part. Any Passenger whose property causes injury to another person or Damage to another person's property or to our property (which is not the result of fault or negligence on our part) shall indemnify us in respect of all claims against us and also for all losses and expenses incurred by us as a result thereof.
(f) We are not liable for Damage to articles not permitted to be contained (whether or not we knew that such articles were so contained) in Checked Baggage as set out in Article 9 above except where and to the extent that the Convention otherwise provides.
(g) If we carry you and your age or mental or physical condition is such as to involve any hazard or risk to you, we shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air.
(h) Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person's agents, employees and representatives. The aggregate amount recoverable from us and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of our limit of liability.
14.6. Unless expressly provided nothing herein shall waive any exclusion or limitation of our liability under the Convention or applicable laws.
Time Limitation on Claims and Actions
15.1 Notice of Claims
No action shall lie against us in the case of damage (including partial loss) to Checked Baggage unless the person entitled to delivery complains to us forthwith after the discovery of such damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, unless the complaint is made at least within 21 days from the date on which the Baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the time set out above.
15.2. Limitations of Actions
Any right to damages shall be extinguished if an action is not brought against us within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court hearing the case.
Law and Jurisdiction
These Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of England; and any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
Name of the Carrier:
T: 01253 405945
F: 01253 405100
Helivation (EU) Ltd is a UK Limited Company whose registered office is Hangar 3, Blackpool Airport, Blackpool. FY4 2QS and company registration number is 7995472.