Subject to the terms of the Contract and these General Conditions of Carriage, the Carrier undertakes to provide the Charter Client with air transport services, and the Charter Client hereby agrees to accept these services, using the total capacity of the aircraft (type) specified in the Contract (the “Aircraft”) to operate the air routes in accordance with the schedule and specific conditions indicated.

2.1 Commercial Air Transport License
The aircraft subject to the Contract will be operated by the Carrier, duly licensed in accordance with applicable regulations on commercial air transport, including EASA Part-CAT regulation in compliance with Regulation (EU) No. 965/2012 and its amendments, as well as applicable national legislation issued by the competent authorities, as applicable. The Carrier shall ensure that the aircraft is operated:

• In accordance with the EASA Part-CAT Air Operator Certificate (AOC);
• Under an operational license issued pursuant to Regulation (EC) No. 1008/2008, as amended;
• With a valid airworthiness certificate, issued by the Continuing Airworthiness Management Organization (CAMO) in compliance with Regulation (EC) No. 2042/2003, as amended.

2.2 Subordination of the Charter Client
Le Client affréteur s’engage à se conformer aux conditions et exigences des licences du Transporteur et à ne pas compromettre ou nuire, de quelque manière que ce soit, à la position du Transporteur dans le cadre de ses licences pour des opérations de transport aérien commercial en vertu de l’EASA Part-CAT.

2.3 Operational Control

The Charter Client acknowledges that the Carrier has full operational control of the aircraft and flights to be conducted under the Contract. Consequently, and in respect of operational safety, the aircraft’s captain has full authority and discretion to decide:

• Whether or not a flight should be operated;
• The number of passengers, available space, cargo load, and their distribution;
• Possible stopovers that may deviate from the initially planned route.

  The Charter Client agrees to abide by all decisions made by the aircraft’s captain.

3.1 Unavailability or Non-Operability of the Aircraft
If the aircraft becomes unavailable or inoperative immediately before or during the scheduled flight program under the Contract, for reasons beyond the Carrier’s reasonable control, preventing the execution of the contracted air transport services as scheduled, the Carrier will be under no obligation other than to use its best efforts to find, either internally or externally, a replacement aircraft for the Charter Client to carry out or continue the scheduled flight program. If no replacement aircraft can be found, the Carrier will have the right to cancel one or more scheduled flights in accordance with Section 7.1 of these terms.

3.2 Conditions Applicable to Subcontracting by the Carrier
If the Carrier subcontracts an aircraft under Section 3.1, and such aircraft is operated by a third-party licensed operator, the Carrier guarantees to the Charter Client that the subcontracted aircraft complies with EASA Part-CAT licensing requirements as outlined in Section 2.1. The Charter Client acknowledges that the Carrier acts as an indirect air carrier and not as a broker or agent. The general conditions of carriage of the subcontracted carrier will prevail over these General Conditions of Carriage. This allows the subcontracted carrier to apply its own terms and conditions, which will be binding on the Charter Client (and its passengers).

4.1 Exclusive Use
Unless the Charter Client is an air charter broker acting on behalf of its client in its own name and under its own responsibility, the Charter Client agrees to use the aircraft exclusively for the passengers and their baggage. The Charter Client is not authorized to resell or subcontract, in whole or in part, the aircraft’s capacity. If the Charter Client is an air charter broker, it is only allowed to subcontract the air transport services subject to the Contract to a single end-user for the entire aircraft capacity, without selling individual seats.

4.2 Unused Capacity
The Carrier is entitled, at its sole discretion and without compensation or additional charges for the Charter Client, to use any unused capacity of a flight or any part of the flight program that the Charter Client has not utilized.

5.1 Flight Schedules
The flight schedules indicated in the flight program are approximate and are not guaranteed by the Carrier.

5.2 Flight Program Modifications
The Charter Client may request the Carrier to make reasonable modifications, deviations, or schedule changes to a confirmed flight program. In such cases, the Carrier reserves the right to charge all associated costs, including but not limited to:

• Additional flight preparation fees;
• Airport-related fees;
• Costs related to additional flight time, etc.

If the Carrier requests a modification, deviation, or schedule change to a confirmed flight program, the associated costs will be borne by the Carrier.

6.1 Denied Boarding, Diversion, Delay, and Cancellation
Except where and to the extent that Regulation (EC) No. 261/2004 concerning compensation and assistance to passengers in the event of denied boarding, cancellation, or significant delay of flights applies, the Carrier shall not be liable for denied boarding, diversions, delays, or cancellations of one or more flights contracted under the Contract if these events are caused by force majeure or any other reason beyond the Carrier’s reasonable control, including but not limited to:

• Social or labor unrest,
• Strikes, war, pandemic, force majeure events,
• Airport closures, air traffic control, weather conditions,
• Incidents involving the aircraft or ground equipment,
• Crew duty time limitations, public health requirements, or other mandatory national or international regulations.

If these events are caused by the Charter Client, its representatives, or its passengers, the Carrier shall be entitled to compensation for any damages incurred.

6.2 Cancellation by the Carrier
In the event of cancellation by the Carrier pursuant to Section 6.1, the Carrier shall reimburse the Charter Client for the charter price or a portion thereof for the unperformed flight program. However, the Charter Client remains liable to pay the (pro-rata) price for the portion of the flight program already performed or to be performed.

6.3 Cancellation by the Charter Client
Subject to the provisions of Section 7, in the event of cancellation by the Charter Client for any reason other than those specified in Section 6.1, the Charter Client shall pay the Carrier cancellation fees in accordance with the amount specified in the Contract.

7.1 Termination Without Default
Except where and to the extent that Regulation (EC) No. 261/2004 applies, if the Charter Client or the Carrier unilaterally terminates the Contract or cancels the performance of one or more flights scheduled in the Contract for any reason other than a breach by the other party, the terminating party shall pay the other party compensation equal to the applicable cancellation fees specified in the Contract. If the cancellation terms of an indirect subcontracted carrier are more restrictive, these terms shall apply to the Charter Client. Cancellation fees shall depend on the timing of the written cancellation notice.

7.2 Termination Due to Charter Client’s Breach
In the event of a breach by the Charter Client of any provision of the Contract, the Carrier may terminate the Contract without any liability on its part and retain all amounts already paid by the Charter Client. If flights have already commenced, the Carrier may also interrupt them and claim damages for any losses incurred.

7.3 Termination Due to Carrier’s Breach
In the event of a breach by the Carrier of any provision of the Contract, the Charter Client may terminate the Contract. If flights have commenced, the Charter Client may interrupt their execution, without further liability to the Carrier, except for obtaining a refund of the amounts corresponding to the unperformed flights.

7.4 Written Notice
Any termination or cancellation under this Section 7 shall be notified in writing to the other party by email or another digital means allowing tracking.

8.1 Flight Program
The Charter Client undertakes to provide the Carrier with the flight program with sufficient notice to allow the Carrier to process the necessary authorization or permit requests with the competent authorities for the execution of the flights under the Contract (including but not limited to: traffic rights, slot availability, parking availability on the ramp, etc.). The Carrier shall apply for such authorizations or permits in a timely manner. However, the Carrier shall not be liable in case of refusal, delay, or cancellation of such authorizations or permits, provided that the requests were submitted within the published deadlines.

8.2 Passenger Information
The Charter Client agrees to provide the Carrier, in the Carrier’s preferred format, complete passenger information at least 48 hours in advance (or earlier if required by applicable regulations), in compliance with passenger information collection obligations. Failure to comply with this requirement may result in flight delays, slot losses, and governmental penalties, which shall be borne by the Charter Client.

8.3 Documents
The Carrier shall issue travel documents in accordance with its requirements, practices, and procedures. The Charter Client and its passengers shall be bound by the terms and conditions of such documents. The Charter Client undertakes to provide all necessary information regarding passengers and their baggage in due time to enable the preparation of these documents. The Charter Client shall ensure that all passengers comply with customs, police, health, and other applicable regulations in the departure, transit, and arrival countries.

8.4 Baggage
Unless otherwise specified in the Contract, the size and weight of checked and carry-on baggage are limited by the available space and maximum capacity of the aircraft’s baggage compartments. The Charter Client guarantees that the baggage transported does not contain items that may endanger the aircraft or persons, nor items whose transport is prohibited by applicable laws or regulations.

8.5 Animals
No animal or pet shall be transported on flights under the Contract unless prior written authorization has been granted by the Carrier. Such authorization shall be subject to:
(i) The Charter Client (or its concerned passengers) assuming full responsibility for the safety, health, and behavior of the animals;
(ii) Compliance, at the Charter Client’s expense, with all applicable governmental requirements, regulations, or restrictions, including entry/exit permits and health certificates.

8.6 Items Prohibited for Security Reasons
In accordance with Regulation (EU) 2015/1998 (and its amendments or replacements), passengers are not permitted to carry in airport security areas or onboard the aircraft any items or substances listed in Annex 2 of these General Conditions of Carriage. The Carrier shall inform the Charter Client (and its passengers) of prohibited items by a separate notice attached in Annex 2, also available on the Carrier’s website.

8.7 Dangerous Goods
In accordance with Regulation (EU) No. 965/2012 (and its amendments or replacements), dangerous goods (articles or substances posing a risk to flight safety, health, property, or the environment) are prohibited in passenger baggage unless specifically authorized. The Carrier shall inform the Charter Client (and its passengers) of applicable regulations, which shall also be available on the Carrier’s website.

8.8 Other Regulations
The Charter Client shall ensure that all passengers and owners of transported goods comply with customs, police, health, and other applicable regulations in the concerned countries.

8.9 Non-Smoking Flights
All flights scheduled in the flight program are non-smoking flights, including electronic cigarettes.

8.10 Passenger Conduct
If the Carrier reasonably believes that a passenger’s behavior endangers the aircraft, safety, or people on board, or causes discomfort or damage, the Carrier may take appropriate measures, including disembarking the passenger or making an emergency landing. The Charter Client shall be liable for all costs and expenses related to these measures.

9.1 Exclusions from the Charter Price
The charter price specified in the Contract includes all direct and indirect costs related to the provision of air transport services with the aircraft according to the specified routes, dates, and times. However, unless otherwise stated in the Contract, the following items are excluded and may be charged additionally:

• Passenger transportation to and from any airport, if applicable,
• Visa fees, customs fees, and other unmentioned passenger and baggage-related charges,
• Fees and royalties,
• Aircraft de-icing and/or overnight hangarage required due to weather conditions,
• Special onboard services or meals requested by passengers,
• Any additional charges related to a change in air traffic control slots,
• Any expenses resulting from modifications to the flight program requested by the Charter Client or its passengers,
• Exceptional cleaning fees,
• Special insurance,
• Specific ground handling services,
• Charges related to airport operations outside normal opening hours,
• Special overflight or landing permits,
• Environmental taxes or emission rights, including but not limited to EU ETS, UK ETS, Swiss ETS, or CORSIA,
• Any increase in costs included in the charter price due to circumstances beyond the Carrier’s control, such as a rise in fuel prices, as specified in Section 9.2.

9.2 Fuel Price Adjustment
If the price of JET A-1 fuel, as published by S&P Global Platts at the date of the Contract, increases by more than 5% (five percent) before the date of the first flight, the Carrier shall be entitled to apply a fuel surcharge. This surcharge shall be calculated based on the portion of the charter price allocated to fuel, multiplied by the ratio between the reference price on the date of the first flight and that on the date of the Contract.

9.3 EU VAT Exemption
For international passenger flights, the charter price shall be exempt from EU VAT, in accordance with the national legislation of the Carrier issuing the invoice.

9.4 Payment Terms
The charter price and all additional costs specified in the Contract shall be invoiced upon signing the Contract and must be fully paid before the first flight in the program. Unforeseen charges will be invoiced after the program’s execution and must be paid upon receipt of the invoice. In case of late payment, interest of 5% per month shall be applied to the outstanding amount, without prejudice to the Carrier’s right to terminate the Contract and claim damages.

10.1 Indemnification
The Charter Client agrees to indemnify and hold harmless the Carrier, its employees, agents, and subcontractors from all costs, expenses, claims, damages, or liabilities arising from the Charter Client’s failure to comply with the provisions of the Contract (including these General Conditions of Carriage) or any applicable regulations during the execution of the flight program.

10.2 Damage to the Aircraft by the Charter Client
The Charter Client shall be liable for any direct material damage caused to the interior or exterior of the aircraft during the execution of the flight program, to the extent that such damage is reasonably attributable to the Charter Client or its passengers.

10.3 Limitation of Liability
The Charter Client acknowledges that the Carrier’s legal liability is limited in accordance with Regulation (EU) No. 2027/1997, as amended by Regulation (EU) No. 889/2002, or the Montreal Convention of 1999, the Warsaw Convention of 1929 (as amended at The Hague in 1955), or the Guadalajara Convention of 1961, as applicable. This limitation applies even if the transport is not international within the meaning of these conventions.

10.4 Liability in Case of Denied Boarding, Delay, or Cancellation
Regulation (EC) No. 261/2004, establishing common rules on compensation and assistance to passengers, shall apply only in cases strictly provided for by this regulation.

10.5 Liability as an Indirect Carrier
Where the Carrier acts as an indirect carrier in accordance with Section 3.1, its liability shall not exceed that stipulated in the preceding paragraphs of this section.

10.6 Passenger Notification
The Carrier shall provide the Charter Client (and its passengers) with a summary of the applicable liability rules under Annex 1 of these General Conditions of Carriage. This annex is also available on the Carrier’s website.

A passenger may be disembarked, denied transport for future journeys at any point within the network, and prosecuted for offenses or any wrongful acts committed on board the aircraft. In such a case, the Transport Contract shall be considered unilaterally terminated by the passenger.
For security reasons, the Carrier may prohibit or restrict the use of electronic devices on board the aircraft, including but not limited to mobile phones, laptops, radios, electronic games, transmitting equipment, remote-controlled games, and transmitter/receiver units, as well as any other electronic or recording equipment. However, hearing aids and pacemakers are not subject to these restrictions.

11.1 Liability Insurance
The Carrier maintains legal liability insurance with a single combined coverage in compliance with the requirements of Regulation (EU) No. 785/2004, relating to aviation liability for:

• Passengers, baggage, and cargo,
• Third parties.

The insured risks include acts of war, terrorism, hijacking, and sabotage. This coverage applies to each flight, whether the aircraft is operated under full ownership, lease, or within joint operations, franchises, or similar agreements. If the Charter Client or its passengers wish to be designated as additional insureds on the policy, an additional premium, payable by the Charter Client, may apply

11.2 Hull and War Risk Insurance
The Carrier maintains adequate hull and war risk insurance coverage for the aircraft as part of its operation under the Contract. This coverage includes all risks, including war and hijacking risks, for an agreed aircraft value. The geographical scope of war risk coverage complies with clause LSW617H unless otherwise specified.

11.3 Local Insurance Compliance
The Carrier complies with all legal obligations related to aircraft insurance imposed by the country of aircraft registration and/or any competent local, regional, federal, national, or international authority in the areas where the aircraft is operated.

11.4 Proof of Insurance Coverage
Upon written request from the Charter Client, the Carrier shall provide certificates detailing the current insurance coverages for the relevant policies.

The Carrier and the Charter Client undertake to comply with the legal framework regarding data processing, particularly Regulation (EU) No. 2016/679 on the protection of individuals concerning the processing of personal data and the free movement of such data (GDPR).

13.1 Charter Client Declarations
The Charter Client declares, warrants, and acknowledges, for itself and its passengers, that:
(a) The funds or amounts paid to the Carrier by the Charter Client (and/or its passengers) do not originate from illegal activities, including money laundering, terrorism financing, or any other criminal act;
(b) The Charter Client is not a terrorist, a foreign terrorist organization, an entity supporting such an organization, involved in the proliferation of weapons of mass destruction, a drug trafficker, or any other entity prohibited by law;
(c) None of its employees, directors, owners, shareholders, parent companies, subsidiaries, or affiliates are subject to economic or trade sanctions, nor are they travel-restricted;
(d) The baggage and cargo of the Charter Client (and/or its passengers) do not violate applicable export control laws.

13.2 Carrier’s Rights and Obligations
The Carrier may be legally required to report to the competent authorities any violation by the Charter Client (and/or its passengers) of economic, trade, or travel restriction laws or regulations.
13.2 Carrier’s Rights and Obligations
The Carrier may be obligated, in accordance with applicable laws and regulations, to block or freeze funds received from the Charter Client (and/or its passengers), without liability on its part, and to handle these funds in accordance with legal or regulatory requirements or instructions from the competent authorities.
The Carrier reserves the right to refuse transportation of any person or operation of any flight if, in its reasonable opinion, such transport would result in a violation of these laws or damage its reputation or interests.

13.3 Due Diligence
The Charter Client agrees that the Carrier may conduct due diligence checks (including background investigations) on itself and its passengers. The Charter Client agrees to promptly provide all requested information and documents to enable the Carrier to carry out such verifications and ensure that no passenger or flight violates these General Conditions of Carriage or any applicable law or regulation. If necessary, the Charter Client must certify compliance in writing and provide supporting evidence.

14.1 Non-Exhaustiveness
These General Conditions of Carriage, along with their annexes, form an integral part of the Contract but do not include specific terms that may be specified in the Contract, such as (but not limited to):

• Inclusions and exclusions from the charter price,
• Cancellation conditions,
• Additional costs in case of substitution, deviations, or delays.

In case of conflict, the specific terms of the Contract shall prevail over these General Conditions.

14.2 Governing Law
These General Conditions of Carriage, their annexes, and the Contract are governed by Danish law (as well as applicable European and international legislation).

14.3 Jurisdiction
All disputes arising from these General Conditions of Carriage, their annexes, or the Contract shall be resolved amicably. If no agreement is reached, either party may submit the dispute to the competent courts of Copenhagen, Denmark.
In case of differences due to translation across multiple versions of these General Conditions of Carriage, the English document version shall prevail.
https://frost.aero/wp-content/uploads/2024/06/FROST-General-Conditions-of-Carriage-v1.5.pdf

APPENDIX 4-C – REGULATION (EU) NO. 2015/1998: PASSENGERS AND CABIN BAGGAGE / LIST OF PROHIBITED ITEMS

(a) Firearms, weapons, and other projectile-launching devices
(Devices capable of or appearing capable of causing serious injury by launching a projectile), including:

• Firearms of all types, such as pistols, revolvers, rifles, and shotguns,
• Toy guns, replicas, and imitation weapons that could be mistaken for real weapons,
• Firearm components, excluding telescopic sights,
• Air and CO2 guns, such as pellet guns, rifles, and BB guns,
• Flare guns and signal pistols,
• Bows, crossbows, and arrows.
• Harpoon guns and spearfishing guns,
• Slingshots and catapults.

b) Incapacitating Devices
(Devices specifically designed to immobilize or neutralize), including:

• Electric shock devices, such as stun guns, tasers, and electric batons,
• Animal incapacitating devices,
• Chemical substances, gases, and incapacitating or neutralizing sprays, such as pepper spray, tear gas, acid sprays, and animal repellents.

c) Sharp or Bladed Objects
(Objects with a sharp point or cutting edge that can be used to cause serious injuries), including:

• Cutting tools such as axes, hatchets, and cleavers,
• Ice picks and ice axes,
• Razor blades,
• Box cutters,
• Knives with blades longer than 6 cm,
• Scissors with blades longer than 6 cm measured from the pivot,
• Martial arts equipment with a sharp point or cutting edge,
• Swords and sabers.

d) Work Tools
(Tools that could be used to cause serious injuries or threaten aircraft safety), including:

• Crowbars,
• Drills and drill bits, including cordless portable drills,
• Tools with a blade or handle longer than 6 cm that can be used as a weapon, such as screwdrivers and chisels,
• Saws, including cordless portable saws,
• Blowtorches,
• Nail guns and bolt guns.

e) Blunt Instruments
(Objects that can be used to cause serious injuries when used to strike), including:

• Baseball and softball bats,
• Clubs and batons, such as billy clubs, nightsticks, and truncheons,
• Martial arts equipment.

f) Explosive or Incendiary Substances and Devices
(Explosive or incendiary substances and devices capable of or appearing capable of causing serious injuries or threatening aircraft safety), including:

• Ammunition,
• Detonators,
• Fuses,
• Fake or imitation explosive devices,
• Mines, grenades, and other military explosive devices,
• Fireworks and other pyrotechnic articles,
• Smoke canisters and smoke-generating cartridges,
• Dynamite, gunpowder, and plastic explosives.

APPENDIX 5-B: CHECKED BAGGAGE – LIST OF PROHIBITED ITEMS

Explosive or incendiary substances and devices capable of causing serious injuries or threatening aircraft safety, including:

• Ammunition,
• Detonators,
• Fuses,
• Mines, grenades, and other military explosive devices,
• Fireworks and other pyrotechnic articles,
• Smoke canisters and smoke-generating cartridges,
• Dynamite, gunpowder, and plastic explosives.

This notice summarizes the Carrier’s liability as an air carrier within the European Community under the Montreal Convention of May 28, 1999, as implemented in the European Union by Regulation (EC) No. 2027/97, as amended by Regulation (EC) No. 889/2002, as well as by the national legislation of Member States. This notice cannot be used as a basis for a claim for compensation or for interpreting the provisions of the Regulation or the Montreal Convention, and it is not part of the Contract between the Carrier and the Charter Client (and its passengers). The Carrier does not guarantee the accuracy of the content of this notice. Depending on your itinerary, the Carrier’s liability (including as an indirect air carrier) may be governed by other conventions, which may provide for lower liability limits than those stated below.

• Compensation in Case of Death or Injury
  There is no financial limit to liability in the event of injury or death of a passenger. For damages up to 113,100 SDRs (approximately €124,000), the Carrier cannot contest compensation claims. Beyond this amount, the Carrier may defend itself by proving that it was not negligent or at fault.

• Advance Payment
  In the event of death or bodily injury to a passenger, the Carrier must make an advance payment to cover immediate economic needs within 15 days following the identification of the person entitled to compensation. In case of death, this advance payment shall not be less than 16,000 SDRs (approximately €17,600).

• Passenger Delays
  In case of passenger delay, the Carrier is liable for damages unless it has taken all reasonable measures to prevent the damage or such measures were impossible. Liability for passenger delay is limited to 4,694 SDRs (approximately €5,163) per passenger.

• Baggage Delays
  In the event of baggage delay, the Carrier is liable for damages unless it has taken all reasonable measures to prevent the damage or such measures were impossible. Liability for baggage delay is limited to 1,131 SDRs (approximately €1,244) per passenger.

• Destruction, Loss, or Damage to Baggage
  The Carrier is liable for the destruction, loss, or damage to baggage up to 1,131 SDRs (approximately €1,244).
  For checked baggage, the Carrier is liable even without fault, except if the baggage was defective.
  For unchecked baggage, the Carrier is only liable in cases of proven fault.

• Higher Limits for Baggage
  A passenger may benefit from a higher liability limit by making a special declaration no later than at check-in and paying an additional fee.

• Baggage Claims
  In the event of damage, delay, loss, or destruction of baggage, a written claim must be submitted to the Carrier within the following deadlines:

  • 7 days from the receipt of baggage in case of damage,
  • 21 days in case of delay.

• Liability of Contractual and Actual Carriers
  If the actual carrier of the flight is not the same as the contractual carrier (the “Carrier”), the passenger may file a claim or compensation request with either party.
  If the name or code of a carrier appears on the ticket, this carrier is considered the contractual carrier.

• Time Limit for Legal Action
  Any legal action for compensation claims must be filed within 2 years from the date of the aircraft’s arrival or the date it should have arrived.

• Exemption from Liability
  If the Carrier proves that a damage covered by these liability rules was caused or contributed to by negligence or a wrongful act or omission of the claimant (or the person from whom they derive their rights), the Carrier shall be fully or partially exempt from liability to the extent that such negligence or fault contributed to the damage.

This notice must be read in conjunction with Regulation (EC) No. 261/2004 on compensation and assistance for passengers in the event of denied boarding, cancellation, or significant flight delays.

The Charter Client undertakes to distribute and communicate this notice to passengers boarding the aircraft under the Contract.