Terms & Conditions

Key Terms

  • • Fixed wing: ‘Flying time’ means the total flight time i.e. the time from the chocks are turned on to chocks are turned off.
  • • All prices, amounts and payments referred to shall be in Nigerian Naira, USD Dollars, British Pounds and or Euro equivalents.
  • • The quoted price does not include the ground ambulance, unless specified. Swift Air Ambulance Services Ltd will organize ground ambulance on customer’srequest.
  • • The fees for the supply of ground ambulances will be billed separately, based on the real cost. The client will get a separate invoice for the supply of ground ambulances.

PARTIES The signature of this quotation by the Customer shall constitute a binding offer. The acknowledgement of the signed quotation with a confirmation by Swift Air Ambulance Services Ltd constitutes that the Customer acknowledges on behalf of its Passengers, and hereby warrants its authority to give such acknowledgement on their behalf, that no contract of carriage will exist between the Customer’s individual Passengers and Swift Air Ambulance Services Ltd, notwithstanding the issuance of a Passenger ticket by Swift Air Ambulance Services Customer and Passenger shall remain jointly liable for the payment of the charter price and any additional costs for special catering, sub charter, cabin cleaning or other damages or losses caused by Passenger.

IMPORTANT NOTES· All flights are subject to weather and any other restrictions imposed by civil aviation authorities from time to time. · Flying hours mentioned above are only indicative and any diversions due to weather or the Air Route not being available due to the decision of Air Traffic Control will be billed as per actual’s in a supplementary invoice, which will be prepared after the flight.

MEDICAL CHARGES

At the latest one 48hours prior departure, the client will give Swift Air Ambulance Services Ltd a written medical status report of all patients to be carried on board. If the medical report is not available prior to scheduled departure, Swift Air Ambulance services Ltd may delay the departure time accordingly and charge the resulting costs incurred but minimum of $600 or its Naira equivalent per starting hour. If, as a consequence of this delay, the flight cannot be performed legally regarding flight and duty regulations, Swift Air Ambulance Services Ltd may cancel the flight and charge a cancellation fee of 30% of the Mission in addition to any other costs that have been generated related to the cancelled mission. And also forfeiture of the initial original flight payment.

All requests, especially transport of patients, will only be confirmed after full medical details of patients conditions have been reviewed, and approval given by the flight physician. To minimize the risks of the transport, our medical department will get in contact with the treating doctor or a person who is familiar with the patient’s condition
However, complications during the flight cannot be absolutely excluded, because of additional stress for the patient (unfavorable climatic conditions, varying air pressure). Complications are rare and normally can be treated with the medical equipment provided on board.

The flight physician has the right to refuse a planned tarmac transfer if the patient requires intensive medical care during the hospital transfer.

Our flight physician has the right to refuse a patients transfer if actual medical condition presents substantial differences from the information contained in the medical report and poses a life threatening situation to the patient if transported. In this case the full costs of the mission will still be charged to the client. Swift Air Ambulance Services Ltd will notify the client and proceed in accordance with the later

If the planned flight schedule has to be changed for reasons which are beyond the control of Swift Air Ambulance services Ltd (e.g. unforeseeable weather conditions, airport closure etc.…) the additional costs thereby incurred will be charged to the client.

If delays occur due to unexpected reasons (e.g. technical), except for gross negligence and intention, Swift Air Ambulance Services Ltd has the right to reschedule the flight plan accordingly. If this results in a delay exceeding 6hours the client has the right to cancel the mission without cancellation fees. In such case only the incurred costs will be charged to the client.

If during repatriation the patient’s condition degrades and results in an Unscheduled intermediate stop for necessary hospitalization, all additional costs incurred will be charged to the client. Furthermore, Swift Air Ambulance Services Ltd will not be responsible for the costs thereby incurred at the hospital. . If delays, other than caused by Swift Air Ambulance Services Ltd, results in extra costs (e.g. night-stop, additional airport fees by night,), these will be charged to the customer.

In the event that Swift Air Ambulance Services Ltd is chartered by Agents/Brokers on behalf of third parties, the Agents/Brokers are liable for all obligations concerning the client’s side in this agreement.

EXCLUDED / ADDITIONAL CHARGES Swift Air Ambulance Services Ltd hourly rates include provision of the Aircraft with standard crew, in flight refreshments, fuel, insurance, Air navigational, landing and parking charges. · In case of overnight detention, the crew accommodation will have to be borne by the client. This is to be as per aviation standards. · In case of overnight detention, if Swift Air Ambulance Services Ltd were to arrange for the crew’s accommodation or an unscheduled overnight stay for the flight crew and medical team will be charged at the actual costs of the overnight but minimum $1000 or its Naira equivalent. . If the mission will have to be performed during night-time 22h00-06h00 local time) an additional 20% of the quoted price will be charged but at least a minimum of $2000 or its naira equivalent.

For ground time in excess of 2 hours outside Swift Air Ambulance Services Ltd responsibilities $600 Dollars or its Naira equivalent per starting hour will be added. · Customs charges (applicable to international flights) will be charged on actual’s where applicable. Any other special requirements such as limousine and satellite phone (this cost will be invoiced separately at cost, and reimbursed to Swift Air Ambulance Services Ltd by the Customer). · the above quoted flight is planned with a standard flight cockpit. The duty time is restricted by applicable crew duty limitation regulations. Should there be any circumstances or changes in the flight schedule or routing, which exceed the maximum crew duty time, enlarged or second flight crew will be needed and invoiced at separate costs. · Changes are always subject to availability of additionalcrew. If a second cabin crew is selected it will also be invoiced to the Customer. Customer acknowledges that if Swift Air Ambulance Services Ltd has to use an extended crew, then there might be crew in the cabin during the flight and the crew rest area might be separated with a curtain. · Additional service requests and other non standard charges will be indicated separately in the quotation.

PAYMENT TERMS

The charter is confirmed subject to 100% payment in advance in cleared funds and availability of Aircraft. International operations payments has to be clear before 7 working days· No refund possible after Confirmation and receipt of payment and requirements of the Swift Air Ambulance Services Ltd.

CURRENCY

This quotation is stated in the currency as indicated on the quotation. Invoices are payable in Nigerian Currency (Naira) or USA Dollars, British Pounds and or Euro, unless another currency is indicated by Swift Air Ambulance Services Ltd.

VALIDITY OF THE OFFER

This quotation shall, prior to acceptance thereof and the constitution thereby of a contract, remain open to acceptance for 2 days. A quotation can be given by phone, email or hardcopies.

SWIFT AIR AMBULANCE COORDINATOR AUTHORITY

The Swift Air Ambulance Flight Coordinator in command shall at all times be entitled to take all necessary measures for safety reasons. The Swift Air Ambulance Flight Coordinator has the authority to decide with regard to Passenger’s seating as well as baggage loading, allocation/placement and unloading. The Swift Air Ambulance Flight Coordinator decides whether or not and how the flight is operated. The same applies if the behaviour or the physical or mental condition of a Passenger requires extraordinary assistance on behalf of Swift Air Ambulance Services Ltd crew.

LIABILITY

Swift Air Ambulance Services Ltd will not have any liability in case the flight cannot be operated due to technical reasons, bad weather and any reasons beyond its control. It will however be always reasonable. . The liability of Swift Air Ambulance Services Ltd is limited to gross negligence and intention. The transportation of passengers, baggage or cargo is performed under the regulations of the Warsaw convention. Swift Air Ambulance Services Ltd takes no responsibility for incidents of force majeure e.g. strike, war, or sabotage.

CANCELLATION CHARGES

· Up to 92 hours – No cancellation charges* on flying time, in cause apart from any operational expenses will not be refunded ·

48 hrs. To 24 hrs. –35 % of the value of the charter

Less than 24 hrs. – 75 % of the value of the

charter, Less than 16 hrs. – 95 % of the value of the

charter · No Show or termination due to death or

other reasons – 100% of the value of the charter.

* Note –

Overnight charges for the Aircrafts will be charged at $3,000/- per night or its Naira equivalent. In the event of the Aircraft not landing at the scheduled destination then the Charter will be deemed to be completed at that location. In such cases Swift Air Ambulance Services Ltd will endeavours to provide alternate· If however Swift Air Ambulance Services Ltd has to cancel the charter due to technical reasons then Swift Air Ambulance Services ltd will do its best to provide the customer with an alternate Aircraft of a similar or lower category. Failing which Swift Air Ambulance Services Ltd will refund the entire money within 14 working days. · Post take off – If a flight gets cancelled or a diversion happens for whatever reason then the client is bound to pay for the flight time incurred even if the scheduled charter does not get completed.

RESCHEDULING CHARGES

Up to 2 hours – No rescheduling charges

• 48 hrs. To 24 hrs. – 20 % of the value of the charter

• Less than 24 hrs. – 25 % of the value of the charter

• Subsequent rescheduling – 25 % of the value of the charter

TERMS OF SALES

Any incidental expenses including but not limited to incremental flying hours not budgeted in the original quotation as a result of the customer’s request post confirmation will be billed accordingly· All payment is in advance and any incidentalexpenses incurred post take off will need to be settled within 7 working days post completion of the charter· All delayed payment will attract an interest penalty of 22% from the last day of the credit period date agreed to.
Swift Air Ambulance Services Ltd does not take responsibility for deficiencyin services of third parties who have been contracted to deliver on services requested by a Client.
At all point in time the operational control of the Aircraft remains with the Commander/Pilot of the Aircraft and his/her decision on all operational and safety issues is final· The company reserves the right to take appropriate action against any passenger or his entourage who willfully or negligently damage the Aircraft in any manner whatsoever.

REVISION OF RATES

The company reserves the right to revise charter rates without prior notice. In case There is an increase in operational costs due to increase in landing, navigational and parking rates, government taxes, fuel etc. which is beyond the control of Swift Air Ambulance Services Ltd.

PASSENGER BAGGAGE

Only one piece of soft hand luggage not exceeding 10kg may accompany the patient. Otherwise the luggage will remain at face! Swift Air Ambulance Services Ltd will not be responsible for remaining baggage. Please note that the flight crew is entitled to check the content of the luggage for security reasons according to air law. 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. Dangerous goods, including but not limited to Firearms, explosives, inflammable items etc. are not allowed by Law on Swift Air Ambulance Services Ltd.

ADDITONAL PASSENGER

An accompanying passenger will only be accepted with the approval of the flight physician and the flight crew.

DEPARTURE BRIEF

Customers will need to report at least 20 to 15 minutes prior to departure at the designated reporting venue, uninformed delay of 2 hrs. will be considered as ‘No Show’.

SPECIAL CLAUSES

In the event Customer does not agree to an Aircraft of lesser value Swift Air Ambulance Service may sub charter an Aircraft of equivalent value and charge any additional cost to the Customer. · Swift Air Ambulance Services Ltd is entitled to change the route, flight schedule, seating capacity and the maximum take-off weight if this is required under certain circumstances not caused by Swift Air Ambulance Services Ltd.· Swift Air Ambulance Services Ltd reserves the further right to at any time postpone or redirect the flight or provide the Customer with another similar Aircraft at the additional costs of the Customer, in the event that the flight cannot be performed with the offered/booked Aircraft due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with Aircraft, or due no other factors over which Swift Air Ambulance Services Ltd has no control, or when the safety of the Passengers or the crew from the Aircraft can reasonably be assessed to be in danger, at the discretion of the captain or of Swift Air Ambulance Services personnel.

PASSENGER DOCUMENTS

All Passengers have to comply with any requirements (e.g. immigration, customs, agriculture, etc.) at each destination. Passengers have to be in possession of a valid passport plus, where necessary, a visa. Swift Air Ambulance Services Ltd takes absolutely no responsibility in case of noncompliance with any custom’s requirements by thePassenger(s).

BROKERAGE

Should Swift Air Ambulance Services Ltd fly by order of a third party (brokerage), the broker and the Customer are jointly and severally liable to Swift Air Ambulance Services Ltd for the fulfillment of allpayments.

SEVERABILITY

Should any one or more clauses of these terms are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impairedthereby.

APPLICABLE LAW

In the event of any dispute, claim, question, or disagreementarising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other. All disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Nigerian court of law in accordance with the provisions of its Commercial Arbitration Rules.

FORCE MAJEURE

In the event of either party being rendered unable by force majeure to perform any obligations required to be performed under this Agreement, the relative obligation of the Party affected by such force majeure shall, upon notification to the other Party, be suspended for the period during which such cause lasts. ·The term force majeure as employed herein, shall mean an act of God, war, riot, fire, flood, sabotage and acts and regulations of the Government of Nigeria or State Government or any local government.

DECLARATION: -

I/We confirm that the TERMS and CONDITIONS clearly spelt out are well understood by me and hereby take full responsibility in accepting the fair price and all conditions stated therein in this transaction.