Terms & Conditions
COPYRIGHT AND PRIVACY STATEMENTS
Terms and Conditions - April 2019
1. Foreword
The website https://hsml.aero (the “Website”) is operated and owned by Helicopter Services Malta Limited, a company registered under the laws of Malta, bearing company registration number C 80785 and having its registered office at Coral House, Triq Dun Karm, Birkirkara, BKR 9037, Malta, (the “Company”; “Our”,“Us” and ” We”shall be construed accordingly).
Our services consist of helicopter charter flights (the “Services”) and you, the user of this Website, can purchase Our Services, subject to these Terms and Conditions (the “T&Cs”).
2. Interpretation
In these T&Cs:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to writing or written includes fax and e-mail.
Any words following the terms including, include or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definitions, phrase or term preceding those terms.
3. Booking & Services
The purchasing of Our Services is subject to acceptance of these T&Cs which is available at https://hsml.aero/terms-conditions and which is being incorporated herein by reference.
You should take the time to get acquainted with these T&Cs before purchasing Our Services. By purchasing Our Services you confirm acceptance of these T&Cs.
To purchase Our Services, you will need to go through the booking process via telephone. To place a Booking you will be required to give all required data about you and any other person who will benefit from the Services purchased by you on their behalf (the “Other Passenger/s”; “you” and the “Other Passengers” are jointly referred to as the “Passenger/s”).
Your placement of a Booking constitutes an offer to purchase Our Services. Your Booking shall only be deemed to be accepted by Us, and in turn the Services purchased by you, when We acknowledge receipt of your Booking and confirm that we have accepted the purchase of Our Services. Such confirmation shall be sent to you by email, on the email address provided to Us throughout the placement of the Booking (“Email Confirmation”).
The Email Confirmation shall:
- be sent to you without undue delay and typically within 24 hours from the placement of your Booking; and
- contain the details of the Services purchased, including departure time and the details of the Passengers.
If you do not receive the Email Confirmation within 24 hours you should contact Our customer care at [email protected] or +356 2776 1306.
4. Health & Safety
You shall be responsible to ensure that all Other Passengers are aware and agree that you place a Booking and accept these T&Cs on their behalf.
You shall hold Us fully indemnified and completely harmless of any damages, costs or liability which may arise as a result of your failure to inform the Other Passengers that a Booking is being placed in their name and obtain the Other Passenger’s acceptance of these T&Cs.
We have the right, exercisable in our sole discretion, to refuse to provide the Services to any Passenger for any lawful reason, including that We may have reason to believe that the Passenger is:
- under the influence of alcohol and/or drugs;
- a threat to the safety of the Services or the health of other passengers; or
- acting in an inappropriate manner or otherwise unsuitable for the Services.
A Passenger shall have no right to be reimbursed the fees paid to Us if we refuse to provide the Services to that Passenger on the basis of clause 4.
All Passengers must be in good health to receive the Services and it shall be your responsibility to ensure that all Passengers seek medical advice to confirm their suitability for receipt of the Services.
5. Minors
Passengers who are younger than eighteen (18) years (“Minor”), must be accompanied by their parent and/or legal guardian and these T&Cs must be accepted by their parent and/or legal guardian. Verification of acceptance of these T&Cs by the parent and/or legal guardian of a Minor shall be undertaken by accepting the Terms and Conditions during the booking process.
6. Flight Times
We shall reasonably endeavour to meet the flight times indicated in the Booking. Flight times may however change (even on the same day) due to weather conditions, air traffic, operational or safety requirements and other matters beyond Our reasonable control. All flight times are approximate and subject to change due to matters beyond Our reasonable control. We shall not be liable for any damages or costs you may incur as a result of any change in flight time.
7. Passenger Obligations
The Passenger shall:
- ensure that all information provided to Us is complete and accurate;
- fully co-operate with Us in all matters relating to the Services;
- provide Us with such information as We may reasonably require in order to provide the Services, and ensure that such information is complete and accurate in all material respects;
- ensure that dangerous goods are not carried in the flight on its own or in its luggage (Dangerous goods are listed in the table at the end of this page);
- comply with all lawful instructions issued by Us, including before or during the provision of the Services; and
- not endanger the health or safety of any person involved in the Services, including other passengers, Our employees and personnel, the pilot and crew.
8. Cancellation and Refund Policy
- You shall be entitled to cancel the Services purchased, subject to the following charges:
Less than 7 days prior departure time/No show passenger: 100% of the ticket price
7 days or more prior to departure time: 50% of the ticket price
- You shall be entitled to reschedule the Services purchased, subject to the following charges:
Less than 24 hours prior departure time: 100% of the ticket price + rate difference
72 hours to 24 hours prior to departure: 80% of the ticket price + rate difference
7 days to 72 hours prior departure time: 50% of the ticket price + rate difference
7 days or more prior to departure time: 20% of the ticket price + rate difference
- Your cancellation or rescheduling of the Services purchased, must be made by emailing Us at [email protected]
9. Payments
All prices shown on the Website are quoted in euro (€) and inclusive of eighteen per cent (18%) VAT. Any bank charges, payment charges or other charges which are beyond Our control shall be borne and paid by you.
Payment must be made in full by credit or debit card for Bookings to be confirmed and Services. All payments shall be made without any set-off, deduction or deferment of any nature.
Queries arising from payments made to Us must be communicated to Us in writing within fourteen (14) days from the date that We provide you with Our invoice.
10. Weather Conditions & Cancellations by the Company
The Services shall be provided subject to suitable weather conditions, air traffic, operational and safety conditions..
We shall have the right, exercisable in a reasonable manner, to determine whether the Conditions are suitable for provision of the Services and to cancel the Services if we deem that the Conditions are not suitable.
In the event that a Service is cancelled by Us as we deem the Conditions to be unsuitable, We shall reimburse you the full amount paid to Us. We shall not be liable to you or any Other Passenger for any other costs or damages that may have been incurred, including any costs which may have been incurred for travel or accommodation.
11. Passenger Weight Policy and Health
There is an individual Passenger weight restriction of 100 kg. We shall however endeavour to accommodate any Passenger who exceeds this weight restriction. Additional charges may apply and/or an additional seat may need to be Booked in such instance.
A Passenger that misrepresents his weight or any other information provided to Us will be considered to be in a material breach of these T&Cs and We may, in our sole discretion, prevent such Passenger from making use of the Services and in such case, the Passenger shall forfeit all sums paid to Us.
12. Cameras
Passengers who wish to make use of cameras or similar equipment including equipment which may record images and sound do so entirely at their own risk and shall not infringe any law or third party rights.
13. Baggage
Every Passenger shall be allowed to carry one (1) bag which does not exceed 5kg in weight and 55 by 35 by 20 cm in size.
14. Data Protection
We shall process the Passenger’s personal data in accordance with Maltese law and the Privacy Policy available at https://hsml.aero/terms-conditions.
15. Liability
To the fullest extent permitted by law, We (including Our employees, agents and personnel) shall not be held liable in any manner whatsoever by any Passenger in regard to the Services, except where the liability arises due to Our bad faith, wilful misconduct or gross negligence.
16. Indemnity
The Passenger shall indemnify, defend and hold Us harmless against any and all liabilities, damages and expenses (including reasonable attorneys’ fees, costs and expenses) which We may incur or be obligated to pay as a result of the Passenger’s breach of these T&Cs.
17. Third Party Rights
No party shall have any right to enforce these T&Cs except for Us and the Passenger.
18. Severability
If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remainder of these T&Cs shall not be affected.
19. Force Majeure
We shall bear no liability for loss, damage, delay or failure of performance however arising, caused in circumstances outside of its control including acts of God, civil commotion, strike, lock-outs, hostilities, fire, flood, drought or inability to provide the Service except at increased prices due to any of the foregoing causes and in these circumstances We may suspend or cancel in whole or in part the Service. We shall endeavour to notify the Passenger as quickly as reasonably possible if a force majeure event occurs.
If force majeure occurs and results in cancellation of the Services, the full price paid to Us shall be refunded.
20. Changes
We reserve the right, exercisable at Our sole discretion, to modify or replace these T&Cs at any time.
If We make any such changes or modifications, the updated version of these T&Cs will be posted on the Website and notified to you for acceptance on the email provided to Us. If you do not accept any change which We may have made, you shall have the right to cancel the Services and be reimbursed all sums paid to Us.
21. Governing Law and Dispute Resolution
These T&Cs are governed by and construed in accordance with the laws of Malta. Any dispute in connection with these T&Cs shall be subject to the exclusive jurisdiction of the courts of Malta.
COPYRIGHT
Copyright in the content of this website is owned by Helicopter Services Malta Limited and its affiliated companies. You are permitted to download and print content from the website solely for your own internal business purposes and/or personal use, but the website content must not be copied, reproduced, re-transmitted, used or otherwise dealt with for any other reason.
You are not entitled to modify or redistribute the content of this website or reproduce, link or frame it on any other website without the express written permission of Helicopter Services Malta Limited. Nor are you entitled to use the content of the website for commercial exploitation in any circumstances.
Names, images and logos identifying Helicopter Services Malta Limited / HSML or third parties and their products and services are proprietary marks of Helicopter Services Malta Limited and/or those third parties. No authority is granted to any third party for the use of those names, images and logos.
PRIVACY
Your privacy is important to us and we are committed to protecting and respecting it. We only use the information you provide about yourself and your company on or to our website to answer your enquiries or to help us improve our services to you. We do not share this information with any third party outside of HSML except to the extent required by law or regulation or necessary to answer your enquiry, if that enquiry requires the involvement of a third party. We use return email addresses to answer emails we receive. Such addresses are not used for any other purpose and are not shared with third parties outside HSML.
When using this website, you are not required to provide us with any personal information and we do not monitor or collect any personally identifiable information from you on your use of the public portions of this website. We may, however, track the number of users who visit areas of the website, but this tracking will not identify you.
If you choose to supply us with personally identifiable data, such as your name, address, telephone number and email address, we will not sell or transfer any of this information to any third party. Any information supplied will be handled in accordance with the Data Protection Act 2002.
Our website may contain links to other websites. Please note that we are not responsible for the privacy policies of such other websites and advise you to read the privacy policies of each website you visit which collects personal information.
This privacy statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
This privacy policy is governed by and construed in accordance with the laws of the republic of Malta and relevant EU legislation.
TRANSPORT OF DANGEROUS GOODS
What are dangerous goods?
Dangerous goods are items or substances that when transported by aircraft are a risk to health, safety, property or the environment.
These include obvious things, such as: explosives, radioactive materials, flammable liquids, dangerous or volatile chemicals, strong acids, compressed gases, poisons and aerosols.
Everyday items that can cause problems include toiletries, aerosols, tools and lithium batteries.
