Stjepana Radića 49, 20210 Cavtat, Croatia VAT: HR36985026321
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1. Applicability
1.1. The following terms and Conditions (“T&C”) apply to the aviation
services (the “services”) rendered by Sky Style, a division of Stil d.o.o.,
Stjepana Radića 49, Cavtat, 20210, Croatia (“Sky Style”) to various aircraft
and/or owners and/or operators and/or managers and/or Captains and/or
pilot in command or other person in charge of a aircraft (the “Clients”),
unless that it has been agreed otherwise by the parties in writing;
2. Services
2.1. Sky Style shall act as an agent of the Clients. The Services
rendered by Sky Style are rendered subject to these T&C and are limited to
the mediation for provision of certain products/goods, such as supplies,
spare parts, stores, victuals ect., and performance of service, such as
arranging for customs/airport formalities ect, specifically requested by the
Clients. All orders to be made by Sky Style for the supply of goods and/or
render of services to the Clients shall be made exclusively for and on the
behalf of the Clients to which the said goods and/or services relate. Sky
Style shall not be directly liable to pay any debts due to suppliers nor are
they responsible for the negligence or default of such suppliers.
2.2. Sky Style is authorized to delegate sub-agents and sub-contractors to
perform the Services on behalf of the Clients but cannot be held liable for
any breach of contract or negligence by a sub-agent even if appointed by
Sky Style.
2.3. If in the scope of Services, Sky Style mediates for the provision of
any products/goods ect. to the Clients, Sky Style assumes no liability as to
the quality or fitness for the purpose of the products/goods supplied to the
Clients. If in the scope of Services, Sky Style mediates for the supply of fuel
to the Clients, the terms and conditions set by the seller/physical supplier
shall apply thereof. The terms of the Physical Supplier are available upon
request, failure to request the terms & conditions of the physical supplier
shall be taken as confirmation by the Client that is aware of and accepts the
terms & conditions of the physical supplier.
2.4. It is the duty of the Clients to provide properly and timely all
necessary instructions and relevant information to enable Sky Style to carry
out the Services in a proper way. Any person/entity giving
instructions/information to Sky Style on behalf of the Clients, either in writing
or verbally, warrants that he/it so authorised. The Clients undertake to give
only such instructions as are in conformity with the laws, regulations and
rules in force at the place where the Services are rendered. Sky Style shall
not be bound to follow instructions that are not legal. In the case that
adequate information or instruction is missing, and where there is no time to
obtain further instructions, the Clients must accept the acts and measures
Sky Style deem necessary to take for the proper performance of the
Services.
3. Payment Terms
3.1 The Clients shall be liable to pay any and all amounts due to Sky
Style as per the relevant invoices, timely and without any deduction,
withholding, or set-off. The invoices shall be either sent via email to the
email address designated by the Clients, with acknowledgment receipt, or
delivered to the Captain and/or pilot in command. Unless any objection is
promptly raised in writing within the day of receipt of any invoice, the content
thereof (including, but not limited to, the amount charged), shall be
considered as fully and unconditional accepted.
3.2. Unless otherwise agreed, any invoice is payable upon completion of
service prior to aircraft departure. Payment shall be made in cash, or by
credit card directly by operator to the airport for aircraft handling and landing
fees. For all airside services, payment shall be made by credit card directly
to Sky Style (Do not except American Express) as per any airside
supervision, coordination and/or arrangement fee including any landside
services ordered and confirmed.
3.3. All flights cancelled with less than 24 hours’ notice given before
confirmed arrival (ETA) will be charged at 50% of the Sky Style fee and any
cancellation fee according to the airport authority which confirmed the
handling request. Approved credit card details will be required as guarantee
for all services ordered 24 hours prior to aircraft confirmed arrival.
3.4. Any special billing requirements (multiple invoices to third parties ect.)
have to be addressed to Sky Style timely and in any case prior to the
issuance of any invoice. It is in the discretion of Sky Style to accommodate
such requests.
4. Liability
4.1. Sky Style shall not be liable to the Clients for any indirect or
consequential damage including but not limited to any loss of profit or other
economic losses caused by breach of duty or negligence on its part except
loss which is directly caused by this breach. Sky Style shall not be liable to
the Clients for any failure to perform or delay in performing the Services to
the extent that this failure or delay is caused by circumstance beyond Sky
Style’s reasonable control.
4.2. Sky Style utilizing a third party in accordance with the terms hereof to
provide all of the airside handling Services hereunder, Sky Style shall ensure
that such third party carries its own insurance, in each case, that complies
with General Liability Insurance (including Products and Completed
Operations Liability coverage) with a limit of no less than one million five
hundred thousand United States Dollars $1,500,000 for the Dubrovnik,
Zagreb and Brač Airport, with a limit of no less than one million Euro
1,000,000 € for the Pula Airport , and with a limit of no less than one million
United States Dollars $1,000,000 for the Zadar and Rijeka Airport for each
occurrence and any other insurance that Handling Company is required to
maintain by law.
5. Confidentiality
5.1. All information, identified as confidential by Sky Style or the Clients,
shall be kept strictly private and confidential, except if it is required by law or
by any competent Court such information to be disclosed.
6. Law & Jurisdiction
6.1. The contract of agency and/or the Services rendered by Sky Style
and/or the content of any invoice issued, are governed by and construed in
accordance with Croatian law and any dispute arising out of or in connection
therewith shall be referred to the competent courts of the legal seat of Sky
Style, a division of Stil d.o.o. The submission to this jurisdiction shall not
limit the right of Sky Style to bring any legal action or proceedings in any
other jurisdiction.
7. Miscellaneous
7.1. Failure by Sky Style to exercise or delay in exercising any right or
remedy under these T&C shall not constitute a waiver of its rights or
remedies. The rights and remedies provided herein do not exclude any
rights and remedies provided by law;
7.2. In the event that any term or provision of these T&C is rendered or
declared illegal, invalid or unenforceable in whole or in part, then the validity
of all provisions shall not be affected