ASL Jet Handling - General Conditions

Download ASL Jet Handling General Conditions, effective 1st January 2024

ASL JET HANDLING | ISSUE 240101 

1. PROVISION OF SERVICES

1.1. Applicability: Handling Company and Operator

“Handling Company”: ASL JET HANDLING N.V., a company incorporated in and under the laws of Belgium, registered under number (CBE/VAT)BE0745955239, having registered office at 3500 Hasselt (Belgium), Voogdijstraat 29, and hereinafter called “ASL JET HANDLING NV”, or ASL N.V., a company incorporated in and under the laws of Belgium, registered under number (CBE/VAT) BE0461940625, having registered office at B-3500 Hasselt (Belgium), Voogdijstraat 29, and hereinafter called “ASL NV”, or ASL JET HANDLING B.V., a company incorporated in and under the laws of the Netherlands registered under number (KvK) 54135605, having registered office at Luchthavenweg 45, 5657EA Eindhoven (the Netherlands), hereinafter called “ASL JET HANDLING BV”, and all of them also together and each of them individually called “ASL Jet Handling”.

“Operator”: the operator of the aircraft taking ground handling services from ASL JET HANDLING NV, ASL JET HANDLING BV, ASL NV, wherever whichever applies.

1.2. Applicability: General

1.2.1. By the performance of the services of ground handling and related goods – where applicable - as (to be) provided by the Handling Company (hereinafter called the “Services”), the Operator accepts to take the Services from the Handling Company, and the Handling Company is deemed to provide the Services to the Operator under the terms and conditions of these “General Conditions”, that will mandatorily apply, unless otherwise agreed in writing between Handling Company and the Operator.

1.2.2. These General Conditions are construed in accordance with the IATA Standard Aircraft Handling Agreement Version 2013, and will be interpreted accordingly, unless expressly otherwise stipulated in these General Conditions.

1.2.3. These General Conditions shall be effective from the date as specified in the header hereof as “Effective Date”. In the event these General Conditions are revoked, cancelled or suspended in part or as a whole, such revocation, cancellation or suspension shall be without prejudice to the accrued rights and liabilities of the Handling Company prior thereto.

1.2.4. The Handling Company shall be exempt from its obligations in the event labour disputes involving complete or partial stoppage of work or delay in the performance of work, and in the event of force majeure or any other cause beyond the control of the Handling Company.

1.2.5. The Handling Company shall have the right at any time to vary the applicable charges and rates for the Services as published and/or communicated by the Handling Company.

1.3. Scope of Services

1.3.1. The Handling Company will perform the Services within the scope as ordered in writing or orally by the Operator. It is not considered necessary or possible to specify every detail of the Services it being generally understood what such Services comprise and the standards to be attained in their performance.

1.3.2. The Services shall be made available within the limits of the capabilities of the Handling Company.

1.4. Compliance

1.4.1. The Operator and the Handling Company agree to comply with all applicable laws and regulations governing their activities, such as, but not limited to (i) all laws and regulations applicable in its country of establishment and all other countries in which Services are provided; (ii) all applicable IATA and/or ICAO and/or other governing rules, regulations and procedures; (iii) all international treaties and regulations that apply in general to commerce and in particular to the operation of aircraft, transportation of passengers and air freight or mail.

1.4.2. The Operator and the Handling Company agree that special attention is required for compliance with (i) competition and antitrust legislation; (ii) the rules governing bribery, kick-backs, secret commissions and payments to government officials; (iii) all applicable data protection legislation; (iv) customs and police border control rulemaking and practices, such as but not limited what concerns ‘general declaration’ obligations; (v) any other applicable legislation, whose breach or violation could cause damage to the Operator, the Handling Agent or their agents of employees; (vi) the best practices in environmental and social responsibility.

1.4.3. The Operator and the Handling Company shall promote awareness of and strive to achieve with best efforts such compliance, and shall in that respect ensure that their personnel and agents assigned to the performance of the Services, are aware of all relevant legislation applicable.

1.4.4. The Operator will unconditionally set free and hold harmless the Handling Company for any damage resulting from any act or omission by the Operator not according or accommodating with the compliance requirements as set forth in Section 1.4.2. herewith.

1.5. Documents

Documents used for ground handling shall be the Handling Company's own documents, where applicable, provided these documents comply with standardized formats that may apply under IATA and/or ICAO and/or other governing rules, regulations and procedures.

1.6. Priority

The Handling Company shall, as far as possible, give priority to aircraft operating on schedule.

2. CONFIDENTIALITY

2.1. The Handling Company shall use its best efforts to protect the Operator's confidential information and make it available for the purposes of the Operator only.

2.2. Neither the Operator nor the Handling Agent shall disclose any information to outside parties without the prior consent of the other, unless such information is specifically required by applicable law or by governmental or authorities' regulations.

3. THIRD PARTY PROVIDERS

3.1. The Handling Company is entitled, without the Operator's prior oral or written consent, to either subcontract or to assign the provision of any of the agreed Services to third party providers of services and goods, subcontractors or assignees of the Handling Company – whichever applies (“Third Party Provider(s)”).

3.2. The Handling Company shall co-ordinate, liaise and supervise the Third Party Provider the provision of the Services within the agreed scope of Services.

3.3. Although the obligation to perform in the event of subcontracting remains with the Handling Company, the Operator acknowledges and agrees that the liability of the Handling Company in respect of the Services provided by the Third Party Provider in case of subcontracting, as for assignment, shall be limited to co-ordinating, liaising and supervising the rendering of the Services as a reasonable and prudent person, even if those Services are invoiced by the Handling Company to the Operator and not by the Third Party Provider directly to the Operator.

4. CARRIER’S REPRESENTATION AND SUPERVISION

4.1. The Operator may, subject to prior written notice to the Handling Company and at its own cost and under sole responsibility of the Operator, have from time to time its own representative(s) at the location where and when the Services are delivered. Such representative(s) may inspect the Services provided to the Operator by the Handling Company, advise and assist the Handling Company and render to the Operator's clients such assistance as shall not interfere with the provision of Services by the Handling Company.

4.2. The Operator may, subject to prior written notice to the Handling Company and at its own cost and under the sole responsibility of the Operator, engage an organisation (hereinafter referred to as the “Supervisor") to supervise the Services of the Handling Company. Such notice shall contain a description of the Services to be supervised. The Supervisor will also be entitled advise and assist the Handling Company and render to the Operator's clients such assistance as shall not interfere with the provision of the Services by the Handling Company.

5. STANDARD OF WORK

5.1. The Handling Company shall carry out all technical and flight operations Services as well as other Services also having a safety aspect, for example, load control, loading of aircraft and handling of dangerous goods, in accordance with the Operator's instructions, receipt of which must be confirmed in writing or by electronic confirmation to the Operator by the Handling Company. In the event of absence of instructions by the Operator, the Handling Company shall follow its own standard practices and procedures provided they comply with the applicable IATA and/or ICAO and/or other governing rules, regulations and procedures.

5.2. The Handling Company shall carry out all other Services in accordance with the Operator's procedures and instructions. In the case of absence of instructions by the Operator, the Handling Company shall follow its own standard practices and procedures.

5.3. The Handling Company agrees to take all possible steps to ensure that, with regard to contracted Services, the Operator's aircraft, crews, passengers and loads receive treatment not less favourable than that given by the Handling Company to other carriers or its own comparable operation at the same location.

5.4. The Handling Company agrees to ensure that the authorisation of specialised personnel performing Services for the Operator is valid and current. If at any time the Handling Company is unable to provide authorised personnel as requested by the Operator, the Handling Company shall inform the Operator immediately.

5.5. The Operator shall supply the Handling Company with sufficient information and instructions to enable the Handling Company to perform its handling properly.

5.6. In the provision of the Services as a whole, due regard shall be paid to safety, security, local and international regulations, applicable IATA and/or ICAO and/or other governing rules, regulations and procedures in such a manner that delays and damage to the Operator's aircraft and load are avoided and the general public is given the best impression of air transport.

5.7. The Handling Company must report to the Operator's Representative immediately all loss or damage, threatened or actual, to the Operator's aircraft, crew, passengers and loads noticed in the course of the handling or which in any other way comes to the knowledge of the Handling Company.

5.8. The Parties shall agree on the quality standards for any service provided, including those covered sub 5.1. above. The Handling Company agrees to take all possible steps to ensure that, with regard to contracted Services, the quality standards agreed upon will be met.

5.9. The Operator or a regulatory authority governing the Operator's operations may, at its own cost, and with reasonable prior notice, audit designated Services. Such notice shall contain a description of the area(s) to be audited. The Handling Company shall cooperate with the Operator and will undertake any corrective action(s) required. If the Operator participates in any of the IATA audit pools, the Handling Company shall accept an audit undertaken by another carrier if done under the umbrella of the pool and for the benefit of the entire pool. The auditing company or auditing person shall be agreed by the Operator and the Handling Company.

6. REMUNERATION

6.1. Applicable Rates and Charges

6.1.1. In consideration of the Handling Company providing the Services, the Operator agrees to remunerate the Handling Company by payment of the applicable rates and charges as agreed upon between the Handling Company and the Operator, or, by absence thereof, it is understood that the rates and charges as published online or as communicated to the Operator, will apply.

6.2.2. Unless otherwise specified, those rates and charges for Services do not include any charges, fees or Taxes imposed or levied by the airport, customs or other authorities against the Operator or the Handling Company in connection with the provision of the Services by the Handling Company or in connection with the Operator’s flights. Such charges, fees, Taxes or other expenses shall be borne ultimately by the Operator with no liability to the Handling Company.

6.2. Disbursement fee for Third Party Goods and Services

6.2.1. In the event the Handling Company is invoiced for goods and services delivered by Third Party Providers in respect of or in connection with the aircraft of the Operator that is delivered Services by the Handling Company, such as airport and passenger fees and Taxes, costs and expenses for de-icing, ground transportation services outside the airport, etc., the Operator will pay the Handling Company for such goods and services delivered together with the payment of the Services for the net rates as charged to the Handling Company, augmented with a disbursement fee of 15% (fifteen percent).

6.2.2. In the event the Handling Company charges the Operator for goods and services delivered by Third Party Providers, the Handling Company shall apply the Taxes as applied by such Third Party Provider without any liability to the Handling Company.

6.3. Surcharges, cancellation charges, rebates and administrative charges

6.3.1. In following events, surcharges, cancellation charges or rebates may apply on the fees as quoted for the Services for the amount(s) as specified for the quote for the Services concerned:

a. a surcharge if Services have to be delivered on Sundays and legal holidays (Belgian or Dutch, whichever is applicable);

b. a surcharge if the ATA/ATD of arrival or departure of the flight for which the Services have to be provided differs with 1 (one) hour or more with the STA/STD;

c. a rebate on empty in- and/or outbound flights;

d. a cancellation fee if an order for provision of Services is cancelled.

6.3.2. Administrative charges will apply on the fees as quoted for the Services for the amount(s) as specified on the quote for the Services concerned:

a. a disbursement fee on all out-of-pocket expenses paid by the Handling Company on behalf of the Operator;

b. a credit card management fee;

c. a cash fee for cash money to be provided by the Handling Company.

6.4. Payment

6.4.1. Unless otherwise agreed in writing, the Operator will pay the Handling Company, preferably with credit card, the applicable rates and charges upon delivery of the Services at location at latest prior to departure of the outbound flight of the aircraft in respect whereof the Services are delivered. Such payment will include third party goods and services invoiced to the Handling Company in respect of the aircraft of the Operator.

6.4.2. In absence of payment upon delivery of the Services at location, the Handling Company will be entitled to prevent or inhibit departure of the aircraft of the Operator at location until due payment of the Services, without any liability to the Handling Company, provided the Handling Company has the credit card payment tools available and functional upon time of payment.

7. TAXES

7.1. The Handling Company shall have no liability and will be set free and harmless by the Operator (and the Third Party Providers of goods and/or services) in respect of the charging and/or accountability of any "Tax(es)” relating to the provision of the Services by the Handling Company, meaning any and all value added taxes, sales taxes, customs and excise duties (including excise duties on aircraft fuel), stamp duties, insurance contributions and any other taxes, levies, contributions, duties or imposts similar to, replaced by or replacing any of them and all penalties, charges, fines and interest included in or relating to any tax assessment therefor, regardless of to whom any such taxes, penalties, charges and fines are, and any interest is, directly or indirectly chargeable or attributable or primarily chargeable or attributable.

7.2. In respect of the applicability of the Taxes as meant under clause 7.1., the Operator will provide the Handling Company in good faith with the correct adequate and relevant information required to determine the applicability of the Taxes concerned or the exemption thereof. In the event services and/or goods are delivered by a Third Party Provider, the Handling Company will, without any liability to the Handling Company, correctly inform the Third Party Provider with such information in function of the applicability of the Taxes concerned or the exemption thereof.

8. GENERAL LIABILITY AND INDEMNITY

8.1. Provided (i) that all claims or suits arising hereunder shall be dealt with by the Operator, and provided also (ii) that the Handling Company shall notify the Operator of any claims or suits without undue delay and shall furnish such assistance as the Operator may reasonably require, and provided also (iii) that where any of the Services performed by the Handling Company hereunder relate to the carriage by the Operator of passengers, baggage or cargo, then if the limitations of liability imposed by the Warsaw Convention and/or the Montreal Convention (1999) as applicable and as amended from time to time would have applied if any such act or omission had been committed by the Operator but are held by a court not to be applicable to such act or omission committed by the Handling Company in performing these General Conditions, then upon such decision of the court, the indemnity of the Operator to the Handling Company hereunder shall be limited to an amount not exceeding the amount for which the Operator would have been liable if it had committed such act or omission.

8.2. The Operator shall not make any claim against the Handling Company in respect of damage, death, delay, injury or loss to third parties caused by the operation of the Operator's aircraft arising from an act or omission of the Handling Company in the performance of the Services under these General Conditions, unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.

8.3. Notwithstanding the provisions of clause 8.1. herewith, in the case of claims arising out of surface transportation which is provided on behalf of the Operator and is part of the operation of loading/embarking or unloading/disembarking and/or is covered by the Operator's contract of carriage, the indemnity shall not exceed the limits specified in the said contract of carriage. In the case of claims arising out of surface transportation which is not provided on behalf of the Operator and/or is not part of the operation of loading/embarking or unloading/disembarking and/or is not covered by the Operator's contract of carriage the waiver and indemnity herein contained shall not apply.

8.4. The Handling Company shall not make any claim against the Operator and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of (a) injury to or death of any employees of the Handling Company; and (b) damage to or loss of property owned or operated by, or on behalf of, the Handling Company and any consequential loss or damage arising from an act or omission of the Operator in the performance of the Services under these General Conditions, unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.

8.5. Notwithstanding clause 8.1. herewith, the Handling Company shall indemnify the Operator against any physical loss of or damage to the Operator's aircraft caused by the Handling Company's negligent act or omission provided always that the Handling Company's liability shall be limited to any such loss of or damage to the Operator's aircraft in an amount not exceeding the level of deductible under the Operator's Hull All Risk Policy which shall not, in any event, exceed US$ 1,500,000 except that loss or damage in respect of any incident below US$ 3,000 shall not be indemnified. For the avoidance of doubt, save as expressly stated, this clause 8.5. does not affect or prejudice the generality of the provisions of clause 8.1., including the principle that the Operator shall not make any claim against the Handling Company and shall indemnify it against any liability in respect of any and all consequential loss or damage howsoever arising.

8.6. Furthermore, notwithstanding clause 8.1. herewith, the Handling Company shall indemnify the Operator against direct loss of or damage to the Operator's cargo (excluding mail) caused by the negligent act or omission by or on behalf of the Handling Company in the provision of the Services and/or the supply of goods under these General Conditions, provided always that the Handling Company's liability shall be limited to as set out in article 22.3 of the Montreal Convention 1999 or any amendment to that Convention in force at the time of the loss or damage or to the actual compensation paid out by the Operator, whichever is less. In any event, the total amount of the claim shall not exceed US$ 1,000,000, except that loss or damage in respect of any claim below US$ 500 shall not be indemnified. Any claim shall be submitted within the time limits set out in article 31.2 of the Montreal Convention 1999. For the avoidance of doubt, the liability of the Handling Company shall never exceed the liability of the Operator.

9. APPLICABLE LAW AND COMPETENT COURTS

9.1. These General Conditions are construed according to and governed by the laws of the Kingdom of Belgium for the Services delivered by ASL JET HANDLING NV or ASL NV in Belgium or by the laws of the Kingdom of the Netherlands for the Services delivered by ASL JET HANDLING BV in the Netherlands, and the international standards regarding ground handling as laid down in the IATA Airport Handling Manual and the IATA Standard Ground Handling Agreement Version 2013.

9.2. Any and all disputes arising out of or in connection with these General Conditions and/or the performance of the Services, including without limitation the validity, scope, meaning, construction, interpretation or application of these General Conditions or any provision hereof shall be settled, upon written request by the Operator and/or the Handling Company, and to the extent reasonably practicable, in good faith by amicable negotiation, discussion and agreement between the Operator and the Handling Company. If the dispute is not settled amicably within 60 (sixty) days after written demand thereto, the dispute will be finally settled by the competent courts of Hasselt, Belgium in respect of Services delivered by ASL JET HANDLING NV or ASL NV in Belgium, and the courts of Eindhoven, the Netherlands, in respect of Services delivered by ASL JET HANDLING BV, wherever whichever applies.