General Terms & Conditions of Carriage
General Terms and Conditions of Carriage in the capacity as contractual carrier for carriage executed by GJet S.R.L.(AOC GR-024) as a contractual carrier.
Scope
- These General Terms and Conditions of Carriage apply to flights and related services contracted with GJet S.R.L., a company incorporated in the Republic of San Marino and operating as a San Marino air carrier under its applicable Air Operator Certificate and Operations Specifications.
- GJet is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the Client disregarding if the contract has been concluded with the Client or by an agent on behalf of the Client.
- If GJet has the carriage to which the Client is entitled handled by another carrier, such other carrier is the actual carrier as defined in legislation governing carriage by air.
- In addition to these GTCC, the applicable terms and conditions (“Special Terms”) for different kinds of flight services may also apply from time to time. In case of conflict between these GTCC- and the Special Terms for flight services, these GTCC shall take precedence.
- These GTCC are published on GJet’ website.
- References in these GTCC- to “Passengers” are to passengers nominated or otherwise authorized by the Client to utilize the flight services provided under these GTCC- .
Compliance with entry and exit requirements; required documents
2.1. Passengers are responsible for obtaining, and presenting at check‐in and at immigration, the necessary travel documents, visas and doctor’s certificates, certificates of vaccination and the like which are required – for themselves and for any children or animals travelling with them – under the passport, visa, and health regulations of the countries in question and/or by GJet.
GJet would like to draw Client’s and Passengers’ attention to visa requirements for foreign nationals. Passengers shall not travel, and the Client shall not permit Passengers or accompanying animals to travel where to do so would pose a risk to their health and/or safety or to the health and/or safety of any third party (including GJet employees, customers, and service providers).
2.2. As contractual carrier, GJet may, without liability for loss, injury, damage or delay, refuse carriage (i) if the entry or exit requirements for the country of departure or destination are not met, (ii) if the required documentation/certification is not presented, or (iii) if such carriage, in the sole judgment of GJet, is for any illegal purpose or would result in violation of any applicable law or sanctions (including any Passenger who is listed on a “no-fly” or similar list).
2.3. GJet takes no responsibility with the regard to any Passenger’s compliance with any country’s entry or exit requirements (including visas and health status). Compliance is the sole responsibility of the Passenger(s). Gjet Keep the right to refuse carriage if passports, visas, health documents, customs or entry conditions are not met. Tighten the indemnity so it covers fines, detention, escort, accommodation, repatriation, positioning, legal costs, and third-party claims caused by the Client or Passenger.
2.4. The Client shall indemnify GJet for any direct and indirect costs incurred by GJet arising from the Client and/or Passengers not complying, or being unable to comply, with any of the requirements in Sections 2 and 3 of these GTCC, such costs including but not limited to fines and cost of Passenger repatriation.
2.5 GJet may, without liability for loss, injury, damage, or delay, and at its sole discretion, refuse to carry Passengers on domestic flights where national laws (known as “cabotage” rules) prohibit such carriage, for example within the United States. As a result, any change to the list of Passengers must be notified immediately to GJet and will be subject to GJet’ prior approval. Stopovers within a given country (including the United States) may be authorized but the domestic transportation of Passengers within that country may be prohibited (and, in the case of the United States, is prohibited).
2.6 The Client must ensure that all Passengers booked to travel (as set out in the passenger manifest) on domestic segments (within the United States) will do so on a continuous international journey on the same carrier.
Health, Safety and Security
GJet is entitled to change the route, flight schedule, seating capacity and maximum take‐off weight if these are required under certain operational circumstances not caused by GJet.
3.1 Captain’s Decision:
The pilot in command has absolute authority in relation to the safe operation of the aircraft, including seating, baggage loading, acceptance of cargo or animals, and any decision to delay, refuse, remove, divert, disembark or deny carriage to any Passenger or item.
GJet may refuse carriage to any Passenger who is intoxicated, aggressive, disruptive, medically unfit in the reasonable judgment of GJet or the pilot in command, improperly documented, subject to a sanction or travel restriction, or otherwise considered unsafe or unlawful to carry. GJet may conduct or require identity, baggage, document, safety or security checks and may refuse carriage where a Passenger declines to comply.
The pilot in command shall always be entitled to take all necessary measures for health and safety reasons. The pilot in command has the authority to decide regarding Passenger’s seating as well as baggage loading, allocation/placement and unloading. The pilot in command decides whether and how the flight is operated and which Passengers and accompanying animals may not travel, for example due to their behavior, to Passenger and/or Client failure to provide requested documentation and/or submit to reasonable pre-flight health checks (such as taking of body temperature by crew), or to their health, physical or mental condition.
Client and Passenger accept all such decisions of the pilot in command. Client and Passenger agree that when (in the reasonable view of GJet or the pilot in command) health, safety or security may be compromised, GJet or the pilot in command may decide to refuse to start or commence a flight, divert a flight, or take other action (including refusal to carry a Passenger, animal or luggage) necessitated by such health (for example, a Passenger appears to have symptoms of or have a communicable disease or condition or a Passenger refuses a screening for such disease or condition), safety and security considerations, without liability for loss, injury, damage or delay.
3.2. Carriage of expectant mothers
The following regulations apply for safety reasons and to avoid health risks to expectant mothers: GJet will carry expectant mothers up to 4 weeks before the expected date of delivery without certification that the Passenger is fit to travel; GJet is entitled to demand presentation of the woman’s antenatal medical record as proof that the pregnancy is not beyond the 35th week. Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery. The foregoing regulations also apply to the date of any planned return flight.
3.3. Carriage of infants, children, and adolescents
Expectant mothers, infants, unaccompanied minors, persons requiring medical support, and Passengers requiring special assistance may be carried only subject to GJet operational policy, aircraft limitations, handling availability, and any medical clearance or advance notice required by GJet. Owing to the risk of potential health damage, GJet recommends that newborn babies up to the age of 7 days should not fly. Infants travel on the lap of their parent, guardian or accompanying Passenger during take‐off and landing.
3.4. Carriage of animals
Animal carriage is by prior written approval only and subject to route, aircraft, import and veterinary requirements, crate standards, local handler capability, and pilot in command acceptance.
Owing to safety reasons and because of the limited space available, Passengers are entitled to demand the transport of animals (including domestic animals and pets) only if GJet has been notified at the time of booking and has confirmed carriage of the animal. Client is responsible for ensuring that the animal complies with the requirements in the country of destination and that the animal is medically fit to travel.
3.5. Carriage of baggage
Baggage acceptance is subject to aircraft type, compartment dimensions, mass and balance, weather, performance, destination limitations, security screening, and handling capability. GJet may limit, offload or refuse any baggage item at any time for operational, safety or security reasons. The carriage of excess and general baggage shall be decided based on the available hold capacity and security regulations for each flight at the sole discretion of the pilot in command. Accordingly, GJet reserves the right to accept only a limited quantity or refuse the carriage of excess or general baggage entirely.
The Client and each Passenger remain responsible for the contents, lawful possession, packaging and declaration of all baggage and cargo tendered for carriage.
a) Excess and general baggage
Passenger baggage weight is limited for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. Flights are being calculated with the San Marino OPS 1 and ICAO Annex 6 standard weight tables by Passenger and by type of aircraft. If Passenger baggage exceeds these limits Passenger must notify GJet prior to flight. Unless otherwise explicitly stated, Passengers are obliged to notify GJet of all excess and general baggage, stating the dimensions and weight of the items such as but not limited to sports equipment, pushchair/buggy, and child’s car seat.
b) Generally prohibited baggage
Dangerous goods, prohibited articles, and restricted items shall be carried only to the extent permitted by applicable law, departure airport rules, ICAO Technical Instructions, IATA Dangerous Goods Regulations, and GJet approval status and Operations Specifications.
For safety reasons, the following materials and items shall not be placed in either hold or checked baggage and will not be carried:
1. Briefcases or security‐type attaché cases with installed alarm devices, or incorporative lithium batteries and/or pyrotechnic material.
2. Explosive devices, including detonators, fuses, grenades, mines, and explosives.
3. Explosive materials, fireworks, or signal rockets.
4. Gases: flammable, non‐flammable, deeply refrigerated and poisonous, such as camping gas or aerosols, propane, and butane.
5. Flammable fluids such as bleaches, peroxides, petrol, and methanol.
6. Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares.
7. Cigarette lighters.
8. Oxidizers and organic peroxides (including bleach), car body repair kits.
9. Toxic or infectious substances, including bacteria, viruses, poisons, infected blood and pathogens.
10. Radioactive material, including medicinal or commercial isotopes.
11. Corrosives (such as mercury), which may be contained in thermometers, acids, alkalis, and wet‐cell batteries filled with battery fluid, corrosives, and vehicle batteries.
12. Fuel‐containing components of vehicle fuel systems.
13. Magnetized materials and all hazardous items as listed in the IATA Dangerous Goods Regulations.
14. Lithium-ion battery-powered devices that exceed 160-watt hours.
15. Personal electronic devices (PED) using lithium batteries that are damaged or known to be defective (please consult http://wemakeitsafer.com/Computers-Laptop-Batteries-Recalls to check battery safety of your PED).
16. Any object or substance whose possession and/or carriage by air is prohibited under applicable law.
The above provisions do not apply to medicines and medical appliances, toiletries, smoking utensils (except petrol cigarette lighters) or alcoholic drinks, provided these are carried only in small quantities for personal use.
c) Prohibited items in checked baggage
Checked baggage must not contain fragile or perishable items, items of value including money, jewelry, precious metals, jewels, computers (including laptop computers), cameras, mobile phones, electronic cigarettes, vaping equipment or other electronic equipment, securities, stocks and bonds, as well as other valuables or business documents, samples, identification documents, house or car keys, medicines and/or medical aids and appliances (such as hearing aids, dental braces and glasses) required by the Passenger and/or spare lithium batteries, lithium ion battery-powered personal transportation devices (including Segways and hoverboards) and lithium. GJet may refuse to carry these items in checked baggage and is liable only for damage/loss that is willfully caused or caused by gross negligence.
GJet shall be entitled to refuse the carriage of any baggage which is so inadequately packed that damage has to be expected despite exercise of the customary care.