CHARTER TERMS AND CONDITIONS

CHARTER TERMS AND CONDITIONS

These Charter Terms and Conditions (“Terms”) govern all charter flight services arranged by Astral Aviation FZC, a company incorporated in the Emirate of Sharjah, United Arab Emirates, with its registered office at SAIF Zone, Sharjah (“Astral”, “Astral FZC”, “we”, or “us”).

These Terms apply to all charter quotations, charter confirmations, flight agreements, and related services arranged by Astral unless otherwise agreed in writing.

By accepting a charter quotation, confirming a flight booking, or instructing Astral to arrange a charter flight, the Customer agrees to be bound by these Terms.

1. DEFINITIONS AND INTERPRETATION

1.1 For the purposes of these Terms, the following expressions shall have the meanings set forth below unless the context requires otherwise.

“Aircraft” means the aircraft designated to perform the Charter Flight under the Charter Agreement, including any replacement or substitute aircraft of similar payload capacity or operational capability that may be used by the Actual Carrier.

“Actual Carrier” means the licensed air carrier responsible for operating the Aircraft and performing the Charter Flight, which holds a valid Air Operator Certificate issued by the relevant civil aviation authority.

“Applicable Law” means all applicable laws, regulations, international conventions, governmental requirements, and regulatory directives governing the performance of the Charter Flight.

“Cargo” means any goods, freight, merchandise, property, or other items transported or intended to be transported on the Charter Flight pursuant to the Charter Agreement.

“Charter Agreement” means the charter quotation, charter confirmation, or any written agreement between Astral Aviation FZC and the Customer for the arrangement of a cargo charter flight incorporating these Terms.

“Charter Price” means the total price payable by the Customer for the Charter Flight as specified in the Charter Agreement, including any additional operational or regulatory costs incurred in connection with the flight.

“Customer” or “Charterer” means the individual or legal entity that enters into a Charter Agreement with Astral Aviation FZC for the arrangement of cargo charter services.

“Dangerous Goods” means cargo classified as dangerous goods under the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, the IATA Dangerous Goods Regulations, or any applicable aviation safety regulations.

“Deposit” means any advance payment required by Astral Aviation FZC in order to secure the Charter Flight.

“Flight” or “Charter Flight” means the air transport of Cargo arranged pursuant to the Charter Agreement.

“Force Majeure Event” means any event beyond the reasonable control of the affected party including but not limited to war, terrorism, government restrictions, airport closures, airspace restrictions, strikes, labour disputes, natural disasters, severe weather conditions, or regulatory restrictions affecting aviation operations.

“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999, as amended from time to time.

“Operational Control” means the authority over the initiation, conduct, and termination of a flight in accordance with applicable aviation regulations.

1.2 In these Terms:

  • 1.2.1 headings are for convenience only and shall not affect interpretation;
  • 1.2.2 references to laws or conventions include amendments or successor legislation;
  • 1.2.3 words importing the singular include the plural and vice versa where the context permits.

2. ROLE OF ASTRAL AVIATION FZC

2.1 Astral Aviation FZC acts as the commercial contracting party and arranger of cargo charter services.

2.2 Astral Aviation FZC does not operate aircraft and does not hold an Air Operator Certificate.

2.3 Astral Aviation FZC arranges cargo charter flights using aircraft operated by licensed air carriers that hold valid Air Operator Certificates issued by the relevant civil aviation authorities.

2.4 Accordingly, Astral Aviation FZC:

  • 2.4.1 does not exercise Operational Control over any Charter Flight;
  • 2.4.2 does not operate aircraft; and
  • 2.4.3 does not provide air transport services as an air carrier.

2.5 All Charter Flights arranged by Astral Aviation FZC shall be performed by the Actual Carrier, which shall retain full responsibility for the operation of the Aircraft.

2.6 The Actual Carrier shall be responsible for:

  • 2.6.1 aircraft operation;
  • 2.6.2 flight crew and operational personnel;
  • 2.6.3 aircraft dispatch and flight planning;
  • 2.6.4 aircraft maintenance and airworthiness;
  • 2.6.5 compliance with aviation safety regulations; and
  • 2.6.6 all operational decisions relating to the Charter Flight.

2.7 Nothing in these Terms or in any Charter Agreement shall be interpreted as creating an arrangement whereby Astral Aviation FZC is deemed to operate the Aircraft or exercise Operational Control over the Charter Flight.

3. DISCLOSURE OF ACTUAL CARRIER

3.1 The Customer acknowledges and agrees that the Charter Flight will be performed by the Actual Carrier identified in the Charter Agreement or charter confirmation.

3.2 The Actual Carrier shall:

  • 3.2.1 hold a valid Air Operator Certificate issued by the competent aviation authority; and
  • 3.2.2 operate the Aircraft in accordance with all applicable aviation regulations.

3.3 The Actual Carrier shall retain exclusive Operational Control of the Aircraft and the Charter Flight at all times.

3.4 Operational matters relating to the Charter Flight, including but not limited to:

  • 3.4.1 aircraft loading;
  • 3.4.2 flight routing;
  • 3.4.3 aircraft substitution;
  • 3.4.4 flight dispatch;
  • 3.4.5 compliance with safety requirements; and
  • 3.4.6 decisions relating to weather or operational conditions
  • 3.4.7 shall be determined solely by the Actual Carrier and the aircraft commander.

3.5 The captain of the Aircraft shall have final authority regarding the safety and operation of the flight, including the right to refuse or limit the carriage of any Cargo where required for safety or regulatory reasons. Astral Aviation FZC shall not be responsible for operational decisions taken by the Actual Carrier in connection with the performance of the Charter Flight.

4. APPLICATION OF INTERNATIONAL CONVENTIONS

4.1 The carriage of Cargo under any Charter Agreement arranged by Astral Aviation FZC shall be subject to all applicable international conventions governing the carriage of cargo by air.

4.2 Where applicable, the carriage of Cargo shall be governed by the provisions of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 (“Montreal Convention”), including any amendments or successor conventions.

4.3 To the extent applicable, the provisions of the Warsaw Convention system and any related protocols may also apply to the carriage of Cargo.

4.4 Where the Montreal Convention or other applicable international conventions apply:

  • 4.4.1 the rights, liabilities, and limitations of liability of the carrier shall be governed by those conventions; and
  • 4.4.2 the applicable liability limits for cargo loss, damage, or delay shall apply in accordance with the provisions of those conventions.

4.5 Nothing in these Terms shall be interpreted as excluding or limiting liability in a manner inconsistent with any applicable international convention governing the carriage of cargo by air.

4.6 Where such conventions do not apply, liability shall be determined in accordance with Applicable Law and the provisions of these Terms.

5. CHARTER BOOKING AND CONFIRMATION

5.1 Astral Aviation FZC may provide the Customer with a charter quotation for the arrangement of a Charter Flight.

5.2 Unless otherwise expressly stated, any quotation issued by Astral Aviation FZC:

  • 5.2.1 is provided for information purposes only; and
  • 5.2.2 shall not constitute a binding offer.

5.3 A Charter Flight shall be deemed confirmed only when:

  • 5.3.1 the Customer accepts the charter quotation in writing; and
  • 5.3.2 Astral Aviation FZC issues a written charter confirmation or receives the required Deposit.

5.4 Upon confirmation of the Charter Flight, the Charter Agreement between Astral Aviation FZC and the Customer shall become binding and shall incorporate these Terms. Astral Aviation FZC reserves the right to amend or withdraw a charter quotation prior to confirmation.

5.5 If the Customer fails to make any required Deposit or payment within the time specified in the charter quotation or charter confirmation, Astral Aviation FZC may cancel the booking without liability.

5.6 Astral Aviation FZC may also decline or cancel a Charter Flight where required due to:

  • 5.6.1 safety considerations;
  • 5.6.2 regulatory restrictions;
  • 5.6.3 aircraft availability; or
  • 5.6.4 circumstances affecting the Actual Carrier’s ability to perform the flight.

6. CHARTER PRICE AND PAYMENT TERMS

6.1 The Charter Price for the Charter Flight shall be as specified in the Charter Agreement or charter confirmation issued by Astral Aviation FZC.

6.2 Unless otherwise agreed in writing, the Customer shall pay a Deposit at the time of confirming the Charter Flight.

6.3 The Deposit shall secure the availability of the Aircraft and may be non-refundable, subject to the cancellation provisions contained in these Terms or the Charter Agreement.

6.4 The balance of the Charter Price shall be paid prior to the scheduled departure of the Charter Flight, unless otherwise agreed in writing.

6.5 All payments shall be made in the currency specified in the Charter Agreement and shall be transferred to the bank account designated by Astral Aviation FZC. All bank charges and transfer costs shall be borne by the Customer.

6.6 The Charter Price may be adjusted where additional operational costs arise, including but not limited to:

  • 6.6.1 fuel price fluctuations;
  • 6.6.2 airport charges;
  • 6.6.3 navigation fees;
  • 6.6.4 ground handling charges;
  • 6.6.5 security charges;
  • 6.6.6 customs or regulatory fees;
  • 6.6.7 aircraft de-icing costs;
  • 6.6.8 crew positioning or accommodation costs; or
  • 6.6.9 any additional costs incurred in connection with the Charter Flight.

6.7 Astral Aviation FZC reserves the right to suspend or cancel the Charter Flight if payment is not received in accordance with the agreed payment schedule.

6.8 Astral Aviation FZC and/or the Actual Carrier shall have a lien on all Cargo and related shipping documents for any unpaid amounts due under the Charter Agreement, including the Charter Price, operational costs, and any other charges payable by the Customer.

6.9 Where payment remains outstanding, Astral Aviation FZC and/or the Actual Carrier may retain possession of the Cargo and suspend delivery until full payment is received.

6.10 The Customer shall be responsible for all storage, handling, or disposal costs incurred as a result of such non-payment.

6.11 In the event of late payment, Astral Aviation FZC may charge interest on overdue amounts at a commercially reasonable rate until payment is received in full.

7. CANCELLATION AND CHARTER CHANGES

7.1 The Customer may request cancellation of a confirmed Charter Flight by providing written notice to Astral Aviation FZC.

7.2 Unless otherwise specified in the Charter Agreement, cancellation charges may apply depending on the timing of the cancellation and the operational commitments already undertaken.

7.3 Such cancellation charges may include, without limitation:

  • 7.3.1 aircraft positioning costs;
  • 7.3.2 crew duty or standby costs;
  • 7.3.3 airport and ground handling charges;
  • 7.3.4 administrative costs incurred by Astral Aviation FZC; and
  • 7.3.5 any non-refundable costs charged by the Actual Carrier.
  • 7.3.6 Where a Deposit has been paid, Astral Aviation FZC may retain all or part of the Deposit to cover such costs.

7.4 If cancellation occurs after the Aircraft has been positioned or operational preparations have commenced, the Customer may be liable for the full Charter Price.

7.5 Requests by the Customer to amend the Charter Flight, including changes to:

  • 7.5.1 departure time;
  • 7.5.2 routing;
  • 7.5.3 cargo load; or
  • 7.5.4 operational requirements,
  • 7.5.5 shall be subject to the approval of Astral Aviation FZC and the Actual Carrier.

Any amendments requested by the Customer may result in an adjustment to the Charter Price to reflect additional operational costs.

7.6 Astral Aviation FZC reserves the right to cancel or modify the Charter Flight where necessary due to:

  • 7.6.1 aircraft technical issues;
  • 7.6.2 regulatory requirements;
  • 7.6.3 operational limitations;
  • 7.6.4 safety considerations; or
  • 7.6.5 circumstances affecting the Actual Carrier’s ability to perform the flight.

In such circumstances Astral Aviation FZC may, where reasonably possible, arrange an alternative aircraft or reschedule the flight.

8. OPERATIONAL CONTROL AND FLIGHT OPERATIONS

8.1 All Charter Flights arranged by Astral Aviation FZC shall be operated by the Actual Carrier under its Air Operator Certificate.

8.2 The Actual Carrier shall retain exclusive Operational Control of the Aircraft and the Charter Flight at all times. Operational Control includes authority over:

  • 8.2.1 the initiation of the flight;
  • 8.2.2 flight dispatch and planning;
  • 8.2.3 aircraft loading and weight limitations;
  • 8.2.4 routing and flight path decisions;
  • 8.2.5 aircraft substitution;
  • 8.2.6 compliance with aviation safety regulations; and
  • 8.2.7 termination or delay of the flight for safety or regulatory reasons.

8.3 The captain of the Aircraft shall have final authority over the safety of the Aircraft, crew, and cargo. The captain may refuse to carry any Cargo, or may limit the quantity of Cargo loaded onto the Aircraft, where required due to:

  • 8.3.1 safety considerations;
  • 8.3.2 aircraft weight or balance limitations;
  • 8.3.3 regulatory restrictions; or
  • 8.3.4 operational requirements.

8.4 Astral Aviation FZC shall not interfere with operational decisions taken by the Actual Carrier or the aircraft commander.

8.5 The Customer acknowledges that operational decisions made by the Actual Carrier or the aircraft commander in the interest of safety or regulatory compliance shall not constitute a breach of the Charter Agreement.

9. CARGO ACCEPTANCE AND PACKAGING

9.1 The Customer shall be solely responsible for ensuring that all Cargo tendered for transportation:

  • 9.1.1 is properly packaged;
  • 9.1.2 is adequately secured for air transport;
  • 9.1.3 is properly labeled and documented; and
  • 9.1.4 complies with all Applicable Law and aviation safety regulations.

9.2 The Customer shall ensure that the Cargo is suitable for transportation by air and capable of withstanding the ordinary conditions of air carriage.

9.3 Astral Aviation FZC and the Actual Carrier shall have the right to inspect Cargo prior to loading in order to verify compliance with safety and regulatory requirements.

9.4 The Customer shall provide accurate and complete cargo documentation, including but not limited to:

  • 9.4.1 air waybills;
  • 9.4.2 customs declarations;
  • 9.4.3 export documentation;
  • 9.4.4 security declarations; and
  • 9.4.5 any regulatory permits required for the transport of the Cargo.

9.5 The Customer shall remain responsible for compliance with all:

  • 9.5.1 customs regulations;
  • 9.5.2 import and export laws;
  • 9.5.3 aviation security requirements; and
  • 9.5.4 cargo screening requirements.

9.6 Astral Aviation FZC shall not be responsible for any delay, refusal of carriage, or regulatory action arising from:

  • 9.6.1 improper packaging of Cargo;
  • 9.6.2 incorrect documentation;
  • 9.6.3 failure to comply with applicable regulations; or
  • 9.6.4 inaccurate cargo declarations provided by the Customer.

9.7 Astral Aviation FZC and the Actual Carrier may require additional screening or inspection of any Cargo prior to loading.

9.8 Any costs associated with such screening shall be borne by the Customer. Cargo that does not comply with aviation security requirements may be refused for carriage without liability.

9.9 Where Cargo is improperly packaged or documented, Astral Aviation FZC or the Actual Carrier may refuse carriage of the Cargo without liability.

9.10 Where an Air Waybill or other transport document is issued by the Actual Carrier in connection with the Charter Flight, the terms and conditions contained in that document shall apply to the carriage of the Cargo.

9.11 In the event of any inconsistency between these Terms and the Air Waybill, the Air Waybill shall prevail with respect to matters relating to the carriage of the Cargo.

10. DANGEROUS GOODS

10.1 The Customer shall comply with all applicable regulations governing the transportation of Dangerous Goods by air, including but not limited to the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, as amended from time to time.

10.2 The Customer shall not tender Dangerous Goods for carriage unless:

  • 10.2.1 the Cargo has been properly classified, packaged, marked, labeled, and documented in accordance with applicable Dangerous Goods regulations; and
  • 10.2.2 the Customer has provided all required declarations and documentation to Astral Aviation FZC and the Actual Carrier.

10.3 The Customer shall provide a complete and accurate Dangerous Goods declaration where applicable and shall ensure that all documentation relating to the Dangerous Goods shipment is true, accurate, and compliant with Applicable Law.

10.4 Astral Aviation FZC and the Actual Carrier reserve the right to:

  • 10.4.1 refuse the carriage of Dangerous Goods;
  • 10.4.2 inspect any Cargo suspected of containing Dangerous Goods; and
  • 10.4.3 remove, offload, or otherwise handle Dangerous Goods where required for safety or regulatory compliance.

10.5 Where Dangerous Goods are tendered for carriage without proper declaration or documentation, Astral Aviation FZC and the Actual Carrier may refuse transportation of the Cargo without liability.

10.6 The Customer shall indemnify and hold harmless Astral Aviation FZC and the Actual Carrier from and against any loss, damage, liability, penalty, or expense arising out of:

  • 10.6.1 incorrect classification of Dangerous Goods;
  • 10.6.2 failure to properly declare Dangerous Goods; or
  • 10.6.3 non-compliance with applicable Dangerous Goods regulations.

11. SPECIAL CARGO CONDITIONS

11.1 Certain types of Cargo may require special handling conditions due to their nature or sensitivity.

11.2 The Customer shall notify Astral Aviation FZC in advance if the Cargo includes any of the following:

  • 11.2.1 perishable goods;
  • 11.2.2 pharmaceutical or temperature-controlled cargo;
  • 11.2.3 live animals;
  • 11.2.4 high-value cargo;
  • 11.2.5 oversized or irregular cargo; or
  • 11.2.6 any cargo requiring special storage or handling conditions.

11.3 The Customer shall be responsible for ensuring that such Cargo is:

  • 11.3.1 properly packaged;
  • 11.3.2 maintained within the required temperature or environmental conditions; and
  • 11.3.3 accompanied by all necessary handling instructions and documentation.

11.4 Astral Aviation FZC shall not be responsible for:

  • 11.4.1 deterioration of perishable goods;
  • 11.4.2 temperature variation affecting sensitive cargo;
  • 11.4.3 stress or injury to live animals; or
  • 11.4.4 deterioration of Cargo resulting from inherent defects or natural characteristics of the Cargo.

11.5 Where specialized handling equipment or services are required for such Cargo, the Customer shall bear the associated costs.

11.6 Astral Aviation FZC and the Actual Carrier shall not be liable for any loss, damage, or deterioration arising from the inherent nature or condition of the Cargo, including perishables, temperature-sensitive goods, live animals, or other cargo susceptible to natural deterioration.

11.7 Astral Aviation FZC and the Actual Carrier reserve the right to refuse carriage of Cargo that:

  • 11.7.1 requires special handling beyond the operational capability of the Aircraft;
  • 11.7.2 presents a safety risk; or
  • 11.7.3 fails to comply with applicable aviation regulations.

12. CARGO LIABILITY AND LIMITATION

12.1 The carriage of Cargo under the Charter Agreement shall be subject to the liability regime applicable under the Montreal Convention 1999, where such Convention applies.

12.2 Where the Montreal Convention applies, the liability of the carrier for loss, damage, or delay of Cargo shall be limited in accordance with the provisions and limits established under that Convention.

12.3 To the maximum extent permitted by Applicable Law, Astral Aviation FZC shall not be liable for:

  • 12.3.1 loss of Cargo;
  • 12.3.2 damage to Cargo;
  • 12.3.3 delay in the carriage of Cargo;
  • 12.3.4 deterioration of Cargo; or
  • 12.3.5 any indirect or consequential losses arising in connection with the carriage of Cargo.

12.4 Unless a higher value is declared in writing by the Customer and accepted prior to the Charter Flight, the value of the Cargo shall be deemed not to exceed the liability limits established under the Montreal Convention or any other applicable international convention, and Astral Aviation FZC shall not be responsible for verifying the declared value of the Cargo.

12.5 Any liability relating to the operation of the Aircraft, including the physical carriage of Cargo, shall rest with the Actual Carrier operating the flight under its Air Operator Certificate.

12.6 Astral Aviation FZC shall not be liable for any indirect, consequential, or economic losses including but not limited to:

  • 12.6.1 loss of profits;
  • 12.6.2 loss of business;
  • 12.6.3 loss of market value; or
  • 12.6.4 loss arising from delay in delivery of Cargo.

12.7 Astral Aviation FZC strongly recommends that Customers obtain appropriate cargo insurance covering the full value of the Cargo. Astral Aviation FZC shall not be deemed to insure the Cargo unless expressly agreed in writing.

13. CUSTOMER WARRANTIES

13.1 The Customer represents and warrants that:

  • 13.1.1 the Customer has full authority to enter into the Charter Agreement and tender the Cargo for air transportation;
  • 13.1.2 the Cargo has been accurately described, classified, and declared in all documentation provided to Astral Aviation FZC and the Actual Carrier;
  • 13.1.3 the Cargo has been properly packaged, labeled, and prepared for air transport in accordance with all Applicable Law and aviation safety regulations;
  • 13.1.4 the Cargo does not contain any prohibited or restricted items unless such items have been properly declared and approved for transport;
  • 13.1.5 the Cargo complies with all applicable export, import, customs, aviation security, and regulatory requirements;
  • 13.1.6 the carriage of the Cargo does not violate any applicable sanctions laws, embargo restrictions, or export control regulations.

13.2 The Customer further warrants that all information and documentation provided in connection with the Cargo, including but not limited to air waybills, customs declarations, and shipping instructions, are complete, accurate, and lawful.

13.3 The Customer shall remain responsible for any consequences arising from inaccurate declarations, improper documentation, or failure to comply with Applicable Law.

14. INDEMNITIES

14.1 The Customer shall indemnify, defend, and hold harmless Astral Aviation FZC, its directors, officers, employees, agents, contractors, and representatives, as well as the Actual Carrier, from and against any and all claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including legal fees) arising out of or in connection with:

  • 14.1.1 any breach of these Terms or the Charter Agreement by the Customer;
  • 14.1.2 any inaccurate, incomplete, or misleading information provided by the Customer relating to the Cargo;
  • 14.1.3 improper packaging, labeling, or documentation of the Cargo;
  • 14.1.4 failure by the Customer to comply with Applicable Law, including customs, export control, aviation security, or dangerous goods regulations;
  • 14.1.5 any loss, damage, or delay caused by the nature, condition, or characteristics of the Cargo;
  • 14.1.6 the shipment of Dangerous Goods not properly declared in accordance with applicable aviation regulations;
  • 14.1.7 any violation of sanctions laws, export controls, or trade restrictions.

14.2 The Customer’s indemnity obligations shall survive the completion, cancellation, or termination of the Charter Flight and the Charter Agreement.

15. SANCTIONS AND EXPORT CONTROL

15.1 The Customer shall comply with all applicable sanctions laws, export control regulations, and trade restrictions, including those imposed by:

  • 15.1.1 the United Nations;
  • 15.1.2 the United Arab Emirates;
  • 15.1.3 the European Union;
  • 15.1.4 the United States; and
  • 15.1.5 any other applicable regulatory authority.

15.2 The Customer represents and warrants that:

  • 15.2.1 neither the Customer nor any party involved in the shipment of the Cargo is subject to sanctions or trade restrictions imposed by any relevant authority;
  • 15.2.2 the Cargo is not destined for any country, entity, or individual subject to applicable sanctions or embargoes; and
  • 15.2.3 the transportation of the Cargo does not violate any applicable export control laws or trade restrictions.

15.3 Astral Aviation FZC reserves the right, at its sole discretion, to refuse, delay, suspend, or cancel the Charter Flight if it reasonably believes that the transportation of the Cargo may violate any sanctions law, export control regulation, or other Applicable Law.

15.4 Astral Aviation FZC shall not be liable for any loss, delay, or damages resulting from compliance with sanctions laws or regulatory requirements.

15.5 The Customer shall indemnify Astral Aviation FZC against any liability arising from the Customer’s failure to comply with applicable sanctions or export control laws.

16. INSURANCE

16.1 The Aircraft performing the Charter Flight shall be insured by the Actual Carrier in accordance with applicable aviation regulations and industry standards.

16.2 Such insurance shall typically include, but not be limited to:

  • 16.2.1 aircraft hull insurance;
  • 16.2.2 aviation third-party liability insurance;
  • 16.2.3 passenger and cargo liability insurance; and
  • 16.2.4 any other insurance required under Applicable Law.

16.3 Astral Aviation FZC does not provide insurance coverage for the Cargo unless expressly agreed in writing. The Customer acknowledges that Astral Aviation FZC acts solely as the arranger of the Charter Flight and does not assume responsibility for insuring the Cargo.

16.4 The Customer is strongly advised to obtain appropriate cargo insurance covering the full declared value of the Cargo, including protection against:

  • 16.4.1 loss or damage to Cargo;
  • 16.4.2 delay in delivery;
  • 16.4.3 deterioration of Cargo; and
  • 16.4.4 any consequential loss associated with the transportation of the Cargo.

Astral Aviation FZC shall not be responsible for any uninsured losses relating to the Cargo.

17. OPERATIONAL DISRUPTIONS

17.1 The performance of Charter Flights may be affected by operational circumstances beyond the control of Astral Aviation FZC or the Actual Carrier.

17.2 Such circumstances may include, without limitation:

  • 17.2.1 severe weather conditions;
  • 17.2.2 air traffic control restrictions;
  • 17.2.3 airport congestion or slot limitations;
  • 17.2.4 aircraft technical issues;
  • 17.2.5 crew duty limitations or regulatory requirements;
  • 17.2.6 aircraft maintenance requirements;
  • 17.2.7 airport closures;
  • 17.2.8 airspace restrictions or military activity;
  • 17.2.9 governmental directives affecting aviation operations.

17.3 Where such operational circumstances arise, the Actual Carrier may delay, reroute, suspend, or cancel the Charter Flight where required for safety or regulatory compliance.

17.4 Astral Aviation FZC shall not be liable for delays, disruptions, or operational changes resulting from such circumstances.

17.5 Where reasonably practicable, Astral Aviation FZC may assist the Customer in arranging alternative flight solutions, however Astral Aviation FZC shall not be obligated to provide substitute transportation.

17.6 Any additional costs arising from operational disruptions, including but not limited to repositioning of the Aircraft, ground handling costs, additional landing fees, or extended crew duty costs, may be charged to the Customer where such costs arise due to changes requested by the Customer or circumstances relating to the Cargo.

18. FORCE MAJEURE

18.1 Neither Astral Aviation FZC nor the Actual Carrier shall be liable for any failure or delay in the performance of the Charter Flight where such failure or delay is caused by a Force Majeure Event.

18.2 Force Majeure Events include, but are not limited to:

  • 18.2.1 war, armed conflict, or acts of terrorism;
  • 18.2.2 political instability or civil unrest;
  • 18.2.3 acts of government or regulatory authorities;
  • 18.2.4 airspace closures or restrictions, or airport closures;
  • 18.2.5 natural disasters, including earthquakes, floods, or storms;
  • 18.2.6 pandemics or public health emergencies;
  • 18.2.7 strikes or labour disputes;
  • 18.2.8 power failures or infrastructure disruptions;
  • 18.2.9 any other circumstances beyond the reasonable control of Astral Aviation FZC or the Actual Carrier.

18.3 Where a Force Majeure Event occurs, Astral Aviation FZC may:

  • 18.3.1 suspend performance of the Charter Flight;
  • 18.3.2 reschedule the flight to a later date; or
  • 18.3.3 cancel the Charter Flight where performance is no longer reasonably possible.

18.4 Astral Aviation FZC shall not be responsible for any loss, damage, delay, or additional costs arising from a Force Majeure Event.

18.5 Where the Charter Flight is cancelled due to a Force Majeure Event, Astral Aviation FZC may refund any amounts received from the Customer after deduction of any costs already incurred in connection with the Charter Flight, including costs payable to the Actual Carrier or third-party service providers.

19. CLAIMS PROCEDURE

19.1 Any claim relating to loss, damage, delay, or deterioration of Cargo must be submitted in writing to Astral Aviation FZC within the time limits prescribed by the applicable international conventions governing the carriage of goods by air.

19.2 Where the Montreal Convention applies:

  • 19.2.1 in the case of damage to Cargo, the consignee must notify the carrier immediately after discovery of the damage and no later than fourteen (14) days from the date of receipt of the Cargo;
  • 19.2.2 in the case of delay in the carriage of Cargo, notice of complaint must be made within twenty-one (21) days from the date on which the Cargo was placed at the disposal of the consignee;
  • 19.2.3 in the case of loss of Cargo, a claim may be made where the Cargo has not arrived within twenty-one (21) days from the date on which the Cargo ought to have arrived.

19.3 Any such notice must be provided in writing and must include reasonable supporting documentation, including:

  • 19.3.1 the air waybill or cargo documentation;
  • 19.3.2 evidence of the loss, damage, or delay;
  • 19.3.3 the value of the Cargo; and
  • 19.3.4 any other relevant information required to assess the claim.

Failure to provide notice within the applicable time limits may result in the claim being barred.

19.4 Astral Aviation FZC may assist in forwarding claims to the Actual Carrier; however, the Customer acknowledges that claims relating to the carriage of Cargo shall generally be directed to the Actual Carrier responsible for performing the flight.

20. LIMITATION OF LIABILITY OF ASTRAL AVIATION FZC

20.1 Astral Aviation FZC acts solely as the commercial arranger of the Charter Flight and does not operate the Aircraft.

20.2 Accordingly, Astral Aviation FZC shall not be liable for any loss, damage, delay, or injury arising from the operation of the Aircraft or the physical carriage of Cargo, which remains the responsibility of the Actual Carrier operating the flight.

20.3 To the fullest extent permitted by Applicable Law, Astral Aviation FZC shall not be liable for:

  • 20.3.1 loss of or damage to Cargo;
  • 20.3.2 delay in transportation of Cargo;
  • 20.3.3 deterioration of Cargo;
  • 20.3.4 operational decisions taken by the Actual Carrier or the aircraft commander;
  • 20.3.5 aircraft technical issues or maintenance requirements;
  • 20.3.6 air traffic control restrictions or airport congestion;
  • 20.3.7 regulatory actions affecting aviation operations.

20.4 In no event shall Astral Aviation FZC be liable for any indirect, incidental, or consequential losses, including but not limited to:

  • 20.4.1 loss of profits;
  • 20.4.2 loss of business opportunities;
  • 20.4.3 loss of market value of Cargo;
  • 20.4.4 contractual penalties or business interruption suffered by the Customer.

20.5 Where Astral Aviation FZC is found liable despite the above limitations, the liability of Astral Aviation FZC shall be limited to the amount of the Charter Price actually received by Astral Aviation FZC in respect of the relevant Charter Flight.

20.6 Nothing in these Terms shall exclude or limit liability to the extent that such limitation is prohibited under applicable law.

21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1 These Terms and any Charter Agreement incorporating these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

21.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, or termination, shall be finally resolved by arbitration under the Rules of Arbitration of the Dubai International Arbitration Centre (DIAC).

  • 21.2.1 The seat of arbitration shall be Dubai, United Arab Emirates.
  • 21.2.2 The arbitration shall be conducted in the English language.
  • 21.2.3 The tribunal shall consist of three arbitrators, with one arbitrator appointed by each party and the third arbitrator appointed jointly by the two appointed arbitrators.

21.3 The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

22. GENERAL PROVISIONS

22.1 Entire Agreement: These Terms, together with the Charter Agreement or charter confirmation issued by Astral Aviation FZC, constitute the entire agreement between the parties relating to the Charter Flight and supersede any prior discussions, negotiations, representations, or agreements relating to the same subject matter. No representation or warranty not expressly contained in these Terms or the Charter Agreement shall be binding upon Astral Aviation FZC.

22.2 Severability: If any provision of these Terms is determined by a court, tribunal, or competent authority to be invalid, illegal, or unenforceable, such provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect. The parties shall endeavour to replace any invalid or unenforceable provision with a valid provision that most closely reflects the original commercial intention of the parties.

22.3 Amendments: Astral Aviation FZC reserves the right to amend or update these Terms from time to time. Any amendments shall become effective upon publication on the Astral Aviation FZC website or upon written notification to the Customer. The version of the Terms in force at the time of confirmation of the Charter Flight shall apply to the relevant Charter Agreement unless otherwise agreed in writing.

22.4 Waiver: Failure by Astral Aviation FZC to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it at a later time. Any waiver of rights must be made in writing and signed by an authorized representative of Astral Aviation FZC.

22.5 Assignment: The Customer shall not assign or transfer any of its rights or obligations under the Charter Agreement without the prior written consent of Astral Aviation FZC. Astral Aviation FZC may assign or subcontract the performance of the Charter Flight to the Actual Carrier or other service providers where required for the performance of the Charter Flight.

22.6 Survival: Any provisions of these Terms which by their nature are intended to survive termination or completion of the Charter Flight, including but not limited to provisions relating to liability limitations, indemnities, claims procedures, sanctions compliance, and governing law, shall survive the termination or completion of the Charter Agreement.

22.7 Incorporation of Terms: These Terms shall apply to all cargo charter services arranged by Astral Aviation FZC and shall be deemed incorporated into any Charter Agreement, charter quotation, charter confirmation, invoice, or other communication issued by Astral Aviation FZC relating to the arrangement of a Charter Flight. These Terms shall be published on the official website of Astral Aviation FZC and shall be deemed incorporated into any charter transaction where reference is made to these Terms in any written communication, including email correspondence, quotations, or charter confirmations.

Contact Information:

Address: SAIF Zone 4th Floor Z3-73 Sharjah – U.A.E. TL: 21812