The services provided by Romanian Airport Services are governed by these Terms and Conditions but do not supersede any pre-existing or future specific agreements signed between Romanian Airport Services and the party receiving the services.

 

ARTICLE 0. DEFINITIONS

CUSTOMER means any party requesting services from ROMANIAN AIRPORT SERVICES.

CUSTOMER'S AIRCRAFT means any aircraft owned, leased, chartered, hired or operated or otherwise utilised by or on behalf of the Customer and in respect of which the Customer has either expressly or implicitly contracted, instructed or otherwise requested Romanian  Airport Services to perform or carry out any ground handling services.

DIRECT LOSS means a loss arising naturally or directly from an occurrence and which excludes remote, indirect, consequential, or special losses or damages, such as loss of revenue or loss of profit.

PROVIDE implies that Romanian  Airport Services itself assumes responsibility for the provision of the service in question.

TECHNICAL LANDING is a landing for other than commercial reasons where no physical change of load occurs.

 

ARTICLE 1. PROVISION OF SERVICES

 

1.1 The services will be made available within the limits of possibilities of Romanian Airport Services and in accordance with the applicable IATA and/or ICAO and/or other governing rules, regulations and procedures applicable for the airport where the services are provided.

 

1.2 Romanian Airport Services will only accept and act upon instructions received in writing from the Customer. The Customer shall provide a written request for desired Services to RAS at least twenty-four (24) hours prior to each intended flight. Such request must include sufficient information, details and documents to enable RAS to determine whether or not it is able to provide the requested Services. All such written requests shall be sent to one of the following addresses or on the web page:

 

E-mail: ras@handling.ro

Fax: +40212320551

Web: www.handling.ro

 

1.3 Any written request from the Customer pursuant to this Clause 1.2 will only be effective when it is transmitted and the Customer has telephoned RAS to confirm it was successfully received.

1.4 Any instructions received verbally from the Customer or from third parties on behalf of the Customer (e.g. flight crew, cabin crew etc.) will not be performed until RAS receives written instructions pursuant to Clause 1.2 above.

1.5 RAS is under no obligation to provide any Service to any party other than the Customer unless the Parties otherwise agree in writing.

 

ARTICLE 2. STANDARD OF WORK

2.1 Romanian Airport Services 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 Customer's instructions, receipt of which must be confirmed in writing to the Customer by Romanian Airport Services.

 

2.2. In the case of absence of instructions by the Customer, Romanian Airport Services 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.

 

2.3 Romanian Airport Services will carry out all other services in accordance with the Customer's procedures and instructions, or as mutually agreed. In the case of absence of instructions by the Customer, Romanian Airport Services shall follow its own standard practices and procedures.

 

2.4 Romanian Airport Services agrees to ensure that authorisations of specialised personnel performing services for the Customer are kept up-to-date. If at any time Romanian Airport Services is unable to provide authorised personnel as requested by the Customer, Romanian Airport Services shall inform the Customer immediately.

 

2.5 The Customer shall supply Romanian Airport Services with sufficient information and instructions to enable Romanian Airport Services to perform its handling properly.

 

2.6 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 and the aforementioned request(s) of the Customer in such a manner that delays and damage to the Customer's Aircraft and load are avoided and the general public is given the best impression of air transport.

 

2.7 Romanian Airport Services must report to the Customer's representative immediately all loss of or damage, threatened or actual, to aircraft and loads noticed in the course of the handling or which in any other way comes to the knowledge of Romanian Airport Services.

 

ARTICLE 3. REMUNERATION

 

3.1 In consideration of Romanian Airport Services providing the services, the Customer agrees to pay to Romanian Airport Services the charges set out in the respective location.

ARTICLE 4. LIABILITY AND INDEMNITY

 

4.1 According to IATA SGHA 2008, The Customer shall not make any claim against Romanian Airport Services 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)    delay, injury or death of persons carried or to be carried by the Customer;

(b)    injury or death of any employee of the Customer;

(c)    damage to or delay or loss of baggage, cargo or mail carried or to be carried by the Customer, and

(d)    damage to or loss of property owned or operated by, or on behalf of, the Customer and any consequential loss or damage; 

 

arising from an act or omission of Romanian Airport Services in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result.

PROVIDED THAT all claims or suits arising hereunder shall be dealt with by the Customer; and

PROVIDED ALSO THAT Romanian Airport Services shall notify the Customer of any claims or suits without undue delay and shall furnish such assistance as the Customer may reasonably require.

PROVIDED ALSO THAT where any of the services performed by Romanian Airport Services hereunder relate to the carriage by the Customer 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 Customer but are held by a Court not to be applicable to such act or omission committed by Romanian Airport Services in performing this Agreement then upon such decision of the Court the indemnity of the Customer to Romanian Airport Services hereunder shall be limited to an amount not exceeding the amount for which the Customer would have been liable if it had committed such act or omission.

 

4.2 The Customer shall not make any claim against Romanian Airport Services in respect of damage, death, delay, injury or loss to third parties caused by the operation of the Customer's aircraft arising from an act or omission of Romanian Airport Services in the performance of this Agreement 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.

 

4.3 

(a)    Notwithstanding the provisions of Sub-Article 4.1, in the case of claims arising out of surface transportation which is provided on behalf of the Customer and is part of the operation of loading/embarking or unloading/disembarking and/or is covered by the Customer's Contract of Carriage the indemnity shall not exceed the limits specified in the said Contract of Carriage.

(b)    In the case of claims arising out of surface transportation which is not provided on behalf of the Customer and/or is not part of the operation of loading/embarking or unloading/disembarking and/or is not covered by the Customer's Contract of Carriage the waiver and indemnity herein contained shall not apply.

 

4.4 Romanian Airport Services shall not make any claim against the Customer 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 Romanian Airport Services, its servants, agents or subcontractors; and

(b)    damage to or loss of property owned or operated by, or on behalf of, Romanian Airport Services and any consequential loss or damage;

        arising from an act or omission of the Customer in the performance of this Agreement 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.

 

4.5 Notwithstanding Sub-Article 4.1(d), Romanian Airport Services shall indemnify the Customer against any physical loss of or damage to the Customer's Aircraft caused by Romanian Airport Services's negligent act or omission PROVIDED ALWAYS THAT Romanian Airport Services's liability shall be limited to any such loss of or damage to the Customer's Aircraft in an amount not exceeding the level of deductible under the Customer's Hull All Risk Policy which shall not, in any event, exceed USD 1,500,000 except that loss or damage in respect of any incident below USD 3,000 shall not be indemnified.

        For the avoidance of doubt, save as expressly stated, this Sub-Article 8.5 does not affect or prejudice the generality of the provisions of Sub-Article 8.1 including the principle that the Customer shall not make any claim against Romanian Airport Services and shall indemnify it against any liability in respect of any and all consequential loss or damage howsoever arising.

 

4.6 Furthermore, notwithstanding Sub-Article 4.1.(c), Romanian Airport Services shall indemnify the Customer against direct loss of or damage to the Customer's cargo (excluding Mail) caused by the negligent act or omission by or on behalf of Romanian Airport Services in the provision of the services and/or the supply of goods under this Agreement PROVIDED ALWAYS THAT Romanian Airport Services's liability shall be limited to 17 SDR per kilo or to the actual compensation paid out by the Customer, whichever is less. In any event, the total amount of the claim shall not exceed USD 1,000,000, except that loss or damage in respect of any claim below USD 500 shall not be indemnified. Any claim shall be submitted within the time limits of the Warsaw convention. For the avoidance of doubt, the liability of Romanian Airport Services shall never exceed the liability of the Customer.

ARTICLE 5. GOVERNING LAW AND JURISDICTION

 

5.1 These Terms & Conditions, including all matters of construction, validity and performance of services and any non-contractual obligations arising from, out of it or in connection with it, shall be governed by and construed in accordance with Romanian law.

        In the event of any dispute or claim the parties shall make all reasonable efforts to resolve disputes amongst themselves. Failing mutual resolution of the dispute the claim will be submitted to the exclusive jurisdiction of the Romanian courts

 

5.2 These Terms & Conditions are binding upon and shall inure to the benefit of each Party and its successors and permitted assigns.

 

 

 

 

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