Terms and Conditions for MAF Flights

1.  Booking and Payment - charter and shuttle

a) On receipt of a request from the Customer to make a booking, MAF will either:

i.   If it is able to carry out the request and the Customer has funds available on a prepayment account with MAF, issue a booking confirmation; or

ii.   If it is unable to carry out the request, advise the Customer, and if appropriate suggest an alternative date and/or time.

 b) On receipt of an agreed deposit, MAF may carry out flights for the Customer up to the value of funds remaining on deposit.  Such flights will be recorded as ‘prepayment’ in the booking confirmation.  The deposit shall be held by MAF and will be used as payment for invoices as flights occur.

c) Unless a flight is recorded by MAF to be ‘prepayment’ in the booking confirmation, the Customer shall pay to MAF the Price for each booking in cleared funds at least one full business day prior to scheduled departure. MAF reserves the right to cancel any booking without warning in the event the monies remain uncleared, or payment of the Price for any previous flight is overdue at the time of scheduled departure. However, if MAF proceeds with any booking despite such payment being overdue, this will be without prejudice to all MAF’s rights in respect of any outstanding monies.

d) In addition to the Price, a waiting time charge at MAF’s current listed rate will be payable by the Customer for any time beyond the first 60 minutes that the customer requires MAF to wait during a charter.  This charge will be incurred at MAF’s discretion irrespective of whether MAF waits on the ground or departs and then returns for the Customer.

2.  Booking and payment - cargo

a) On receipt of a request from the Customer to transport cargo, MAF will either:

i.   If it is able to carry out the request, issue a consignment note for completion and return by the Customer: or

ii.  If it is unable to carry out the request, advise the Customer, and if appropriate, suggest an alternative date and/or time.

b) Upon receipt of a satisfactory completed and signed consignment note and payment of the applicable rates and charges, Customer may make arrangements to deliver freight to MAF’s hangar.

3.  Rates and charges - cargo

a) MAF may charge for carriage by weight, dimensions or value and may at any time re-weigh, re-value or re-measure or require same, and charge a proportional additional carriage fee accordingly.

b) Rates and charges for carriage governed by these conditions are those published by MAF and in effect on the date of issuance of the air waybill or consignment documentation. All published rates and charges are exclusive of tax and shall be paid in a currency acceptable to MAF.

c) Rates and charges apply only from airport to airport and do not include any ancillary service given by MAF, including but not limited to storage, insurance, pick up service, delivery service, or any expense incurred by MAF in repairing faulty packing or in clearing cargo through customs.

d) Full applicable fees and charges must be paid prior to transport and will be deemed fully earned, whether or not cargo is lost or damaged, destroyed, disposed of, misdelivered or fails to arrive at the consignment destination.

e) Customer guarantees payment of all unpaid charges, advances and disbursements of MAF. Customer also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which MAF may incur or suffer due to carriage of the cargo.

f) MAF shall have a lien on the cargo and any documents relating to its carriage and on any other cargo of the Customer in the possession of MAF and, in the event of non-payment, shall have the right to sell the cargo by public auction or private sale and to pay itself out of the proceeds of such sale. No such auction or sale shall discharge any liability to pay any deficiencies, for which the sender shall remain liable.

g) MAF will not accept or transport cargo on a cash-on-delivery basis or provide any insurance to the Customer’s benefit for the carriage of the cargo.

4.  Cancellation, lateness, delay or diversion

a) Either party may cancel the booking by giving notice to the other at any time before the planned departure time.  However, if the booking is cancelled by the Customer, then the Customer shall be liable to pay to MAF as follows:

i.   If notice of cancellation from the Customer is received by MAF more than 1 business day prior to scheduled departure time, no charge will be levied.

ii.  If notice of cancellation is received less than 1 business day prior to scheduled departure or if no notice of cancellation is received, then the Customer shall be liable for the full cost of the Service.

iii. If the performance of a booking is prevented or delayed by the Customer or anyone acting on its behalf or including (but not limited to) any Passenger arriving later than 25 minutes after scheduled departure time MAF may at its discretion and without liability:

A. Depart as planned; or

B. Unilaterally cancel the Service without giving notice.

b) In either event the Customer shall be liable for the full cost of the Service at MAF’s sole discretion.

c) If the Customer fails to deliver any freight it wishes to have carried on the flight to MAF on or before 3pm on the day before scheduled departure, MAF may at its discretion and without liability:

      i. Depart as planned without the freight; or

      ii. Unilaterally cancel the Service without giving notice.

d) In either event the Customer shall be liable for the full cost of the Service at MAF’s sole discretion.

e) In the event of MAF’s cancellation, non-performance, part-performance, diversion from or delay caused by actions of third parties, emergency evacuation flights, labour difficulties, force majeure (including but not limited to inclement weather), breakdown or accident to the Aircraft or any part thereof or any machinery to be used in relation to the Aircraft, technical, regulatory or other reasons MAF shall use all reasonable endeavours to perform or continue the Service, but otherwise shall have no liability to the Customer.

f) In the event of part performance of the Service by virtue of any of the circumstances referred to above the Customer shall be liable to pay such portion of the Price as shall be proportionate to that part of the Service which has been performed together with any additional charges and expenses payable by the Customer under this agreement.

SCHEDULE 2 – General Terms and Conditions

1.  Defined terms

'Convention' means the Montreal Convention 1999, or the Warsaw Convention 1929 and its amendments, whichever may be applicable.

‘Dangerous Goods’ are items that may endanger the safety of the Aircraft or persons on board the Aircraft.  Their carriage on aircraft is governed by ICAO Technical Instructions and National Regulations.

‘Emergency Evacuation Flights’ means flights made by MAF to transport sick or injured persons for urgent medical treatment, or to evacuate persons facing a significant and immediate threat to personal safety or security.

'Passenger' means the passenger who is carried by virtue of the agreement to which these conditions attach.

2.  Not a common carrier

MAF is not a 'Common Carrier' and does not accept the obligations and liabilities of a common carrier and reserves the right to refuse carriage to any person or persons.

3.  Baggage

a) At MAF's absolute discretion, MAF may reject baggage for carriage that exceeds specified dimensions or is otherwise unsuitable for carriage. If space is available, extra baggage may be carried at the current applicable excess baggage rate. In cases of damaged baggage, complaint must be made to MAF immediately after discovery of damage and at the latest within 7 days of receipt; in case of delay, complaint must be made within 21 days from the date the baggage was delivered.

b) Customer shall ensure that any goods to be transported are sufficiently and properly packed for carriage taking into account all reasonable demands of MAF ground staff and the pilot in command.

c) Charges and arrangements for ground transportation, warehouse handling, warehouses and customs clearance shall be at the expense and the responsibility of the Customer.

4.  Pilot in command          

Customer will comply with all reasonable requests of MAF or its servants relating to safety and personal conduct. The pilot of the Aircraft shall have absolute discretion:

 (a)  to refuse any passenger(s), baggage, cargo or any part thereof;

 (b)  to decide what load may be carried on the Aircraft and how it shall be distributed;

 (c) to decide whether and when a flight may be safely undertaken and where and when the Aircraft should be landed,

and MAF shall be under no liability for termination of, or deviation from, the Service booking resulting from any exercise of these discretions.

5.  Dangerous Goods

Certain items are prohibited from being carried or consigned for carriage on flights. The Passenger must declare any Dangerous Goods prior to boarding the aircraft for assessment as to whether or not the goods may be carried. MAF reserves the right to inspect bags or cargo for dangerous or prohibited goods, as well as to confiscate, destroy, dispose of, abandon, or retain as evidence, any prohibited items. Failure to comply with a request to inspect may result in MAF refusing to carry the items, or to refuse to carry the Passenger. In such an event there will be no refund of the fare.

At its sole discretion, MAF may carry declared, approved, appropriately packed, stowed and labelled Dangerous Goods.

6.  Limitation of liability for Services

a) MAF is not liable and shall not accept any liability (including any liability for the acts or omissions of its subsidiaries, employees, agents and contractors) to the Customer, its servants or agents in connection with the provision of the Services, including but not limited to the termination of this agreement, any breach of these terms and conditions, any representation, statement, or tortuous act or omission including negligence arising under or in connection with the Services.

b) All warranties, conditions and other terms implied by statute, civil or common law are to the fullest extent permitted by law excluded from the Services and the operation of these terms and conditions.

c) With the exception of the express exclusions of liability covering emergency evacuation flights, nothing in these terms and conditions excludes the liability of MAF for death or personal injury directly caused by MAF’s gross negligence or wilful default without cause.

d) To the extent permitted by applicable law, MAF’s total liability arising in connection with the performance or contemplated performance of the Services shall be limited to the total Price of the Services;

e) In no circumstances shall MAF be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services.

f) Whenever the liability of MAF is excluded or limited under these conditions, such exclusion or limitation shall apply to and for the benefit of agents, contractors, employees, or representatives of MAF.

g) Customer warrants that it has and will maintain one or more insurance policies to cover the Customer’s liability (if any) to its employees, agents, clients or guests resulting from its request for the Services.

7.  No liability - Emergency Evacuation Flights

MAF may be asked to carry out Emergency Evacuation Flights from time to time and Customer agrees MAF shall only do so on the following conditions:

1.  MAF is an air transportation services provider only and does not provide medical assistance; 

2.  MAF does not provide medical staff and recommends that a medically qualified attendant accompanies the patient.  This should be arranged when a medical evacuation flight is requested;

3.  Customer must take full responsibility for the medical condition of the Passenger/s on board the Aircraft;

4.  MAF does not undertake to provide any medical equipment required for an evacuation flight, and all such necessary medical equipment should be provided by the Customer;

5.  MAF undertakes solely to deliver the Passenger/s and associated medical assistance personnel to the destination designated on the Service booking;

6.  Any medical assistance personnel who accompany the patient shall not be considered to be acting under the control or supervision of MAF, as MAF is not a medical service provider;

7.  MAF shall have no liability of any kind whatsoever (whether arising from breach of contract, the negligence of MAF, its employees or agents, breach of statutory duty or otherwise) for any injury, death, loss or damage whatsoever arising in connection with an Emergency Evacuation Flight, medical assistance or equipment, or failure to provide it, on board the Aircraft.

8.  Indemnity

a) Customer shall indemnify, defend and hold MAF harmless from and against all claims, demands, costs or losses whatsoever, including legal fees, (‘loss’) incurred or suffered by MAF, arising from the actions or omissions of the Customer, or claimed by the Customer’s staff, agents, representatives or other persons travelling on the Aircraft at the Customer’s request or in connection with the Services.

b) The indemnity given in this clause shall not apply to the extent the loss is caused by MAF’s gross negligence or wilful default without cause.

9.   Limited liability under Convention

a) In the event of bodily injury or death of the Passenger, of loss or damage to checked baggage or of loss or damage to the Passenger’s personal effects, the liability of MAF to the Passenger is limited to the total Price paid for the Services, to the extent permitted by applicable law, provided that for 'international carriage' as defined by the Convention, the liability of MAF to the Passenger is governed by the Convention. Except as established by law, the Convention or by these conditions of carriage, MAF has no further liability to the Passenger or any other party.

10.   Prevailing legislation

Nothing in these conditions excludes, restricts or modifies any right, remedy or guarantee provided under the Conventions as applied by any local legislation, which cannot lawfully be excluded or limited by these conditions alone (‘Prevailing Legislation’). To the extent permissible by law, MAF’s liability for breach of Prevailing Legislation is limited to the total Price of the Services.

11.  Claim limit

Any action to claim damages must be filed or brought within two years from the date of arrival of the aircraft or from the date on which the aircraft ought to have arrived.

12.  Cargo requirements

a) MAF shall only transport, subject to the availability of suitable equipment and space, booked cargo where:

(i) it complies with the requirements of any applicable law or regulation regarding consignment and packing of the cargo (including MAF’s own requirements and specifications) and that any duty, costs or expenses for which MAF becomes liable pursuant to any such law or customs authority, is paid for by the sender.

(ii) the sender has fully and truthfully described the cargo in the air waybill or consignment documentation, including completion of the Dangerous Goods declaration and described separately (by name, nature, value, weight) any qualities capable of causing damage or injury to any other cargo, people or animals in proximity to which the cargo may be transported or stored. The sender is responsible to MAF for the correctness and completeness of the statements and information included in the air waybill or consignment documentation and shall indemnify MAF against all liability, damages or expenses suffered by MAF for irregularities in such documentation.

b) Acceptance by MAF to transport the cargo does not absolve the sender of its liability for the cargo as set out in these conditions, and in particular does not mean that MAF has inspected and/or approved the state of the packing of the cargo to be suitable for transportation.

c) The sender agrees to indemnify MAF against any loss or damage suffered by MAF as a result of the sender breaching any of the conditions in this clause.

13  Right to inspect

MAF shall be entitled to open any packaging or wrapping containing the cargo to determine their nature or condition, or for the purpose of determining their ownership or destination in the event that any consignment documentation is lost, or damaged to the extent that its contents cannot be understood

14.  Packing and labelling

a) It is the sender’s sole responsibility to arrange for containers and packaging suitable for the temperature characteristics of the cargo, to seal packages containing valuables and to clearly and durably mark all packages with the name and full address of the sender and consignee.

b) If, in the sole opinion of MAF, the cargo becomes dangerous, volatile, offensive or damaging in nature, MAF may (to the extent permitted by law) destroy, dispose of, abandon or render harmless such cargo at the cost of the sender, without compensation to the sender and without prejudice to MAF’s rights to any charges.

c) The sender warrants that it has complied with all applicable laws relating to the nature, packaging, labelling and storage of the cargo and that it has been prepared for transport in such a manner as to withstand the ordinary risks associated with transport by air. The sender agrees to indemnify MAF against any liability whatsoever and all costs and expenses as a result of the sender’s failure to comply with the warranty given in this clause.

15.  Delivery

a) Notice of arrival of the cargo will, in the absence of other instructions, be sent to the consignee and any other person whom MAF has agreed to notify as evidenced in the air waybill or consignment documentation. Such notice will be sent by ordinary methods. MAF is not liable for non-receipt or delay in receipt of notice.

b) Except as otherwise specifically agreed, delivery of the cargo will be made only to the consignee. Delivery to the consignee shall be deemed to have been effected when:

(i) MAF has delivered to the consignee any authorisation from MAF required to enable the consignee to obtain release of the cargo;

(ii) the consignee takes delivery of cargo from MAF; or

(iii) the cargo has been delivered to customs or other government authorities as required by applicable law or customs regulation.

c) By accepting delivery of the cargo, the consignee shall become liable for payment of all costs and charges in connection with the carriage. Until paid, the sender shall not be released from his own liability for these costs and charges and will remain liable for them. MAF may make delivery of the cargo conditional upon payment of these costs and charges.

d) Delivery of the cargo must be taken at the airport of destination or the facility designated by MAF.

16.  Evidence of receipt

a) Receipt of cargo by the consignee without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of Carriage. For the avoidance of doubt, the operation of the clause in no way affects any rights the consignee may have under consumer laws.

b) If the consignee refuses or fails to take delivery of the cargo after its arrival, MAF will endeavour to comply with any reasonable instructions of the sender set out on the air waybill or consignment documentation. If such instructions are not set out or cannot reasonably be complied with, MAF shall notify the sender and request instructions. If no such instructions are received within thirty (30) Days in respect of non-perishables, and immediately in respect of perishables, MAF may sell the cargo at public or private sale and take unpaid charges from the proceeds, or destroy or abandon the cargo, at its sole discretion.

c) The sender is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the cargo, including but not limited to storage and charges incurred in returning the cargo, if so required by the sender.

17  Unused weight

MAF reserves the right to use any available seats and/or space for the carriage of other passengers or cargo without credit against the Price.

18   Ethical Service Provision             

(a) Anti-Slavery and Anti-Terrorism:

A. MAF shall at all times provide the Services consistently with the following, and by this Agreement where applicable, extends these obligations to the Customer.

B. The following actions are strictly prohibited:

i.  Trafficking of persons (as defined in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN convention against Transnational Organised Crime), including acts that directly support or advance trafficking in persons.

ii.  Use of forced labour in the performance of this Agreement.

iii.  Engaging in drug trafficking or committing narcotics offences.

iv.  Manufacturing of arms or the sale of arms to governments which systematically violate the human rights of their citizens.

C. MAF shall ensure that the Services are delivered under conditions where:

i.   Employment is freely chosen.

ii.  The rights of staff to freedom of association and collective bargaining are respected.

iii.  Lawful wages are paid.

iv.  There is no exploitation of children.

v.   Working conditions are safe and hygienic.

vi.  Working hours are not excessive.

vii.  No unlawful discrimination is practiced.

D. MAF agrees that money paid under this Agreement shall be used for its intended purpose and shall not be knowingly diverted or otherwise used to provide support to individuals or activities associated with terrorism as designated on the Consolidated United Nations Security Council Sanctions List.  

(b)  Safeguarding:

A. MAF shall, in accordance with its Safeguarding Standards and Code of Conduct (copies of which shall be made available on request), provide the Services in a way that promotes and allows all people, with particular emphasis on children and adults at risk, to live free from:

1.  Harm and abuse (physical, sexual (including sexual harassment) and emotional (including the abuse of power / trust and coercion).

2.  Exploitation (including physical and sexual).

3.  Neglect.

4.  Unlawful discrimination on the basis of a protected characteristic.

5.  Human trafficking.

B. Any observed incident or any reasonable suspicion (historical or current) of a breach of the safeguarding standards above involving staff, volunteers or representatives of either MAF or the Customer must be reported to MAF immediately and at least within 24 hours of becoming aware. Any report will be treated as highly confidential under MAF’s Whistleblowing Policy.

(c)  Anti-Trust: 

In this clause,

Fraud means knowingly making an untrue or misleading representation with the intention of making a gain for oneself or another or causing a loss, or risk of loss, to another.

Corruption includes bribery and means the giving, requesting or accepting of a financial or other advantage or benefit in order to reward or improperly influence another person for improper advantage.

MAF shall provide the Services fairly, openly and honestly and in accordance with the highest ethical and legal standards and with a commitment to implementing and enforcing effective systems to counter fraud, bribery and corruption. The provision of the Services shall not involve any recourse by MAF, its servants or agents, to any form of fraud, bribery or corruption.

(d)  Data Protection and Privacy:  Customer acknowledges and agrees that MAF has a legitimate interest in the collection and limited storage of customer data for the purposes of Service provision under this agreement. MAF shall at all times comply with relevant laws and regulations relating to privacy and data protection, including (but not necessarily limited to) the Data Protection Act 2018 (UK) (encompassing the UK GDPR).

(e)  Marketing and Promotion:

A. Subject to clause B below, no party is permitted to use or display the other party’s logo, livery, trademark or other distinctive marketing image without the other party’s express consent in writing.

B. Customer consents to the reference by MAF in MAF fundraising and promotion materials, to MAF’s work with and involving the Customer, provided that MAF complies with all laws and regulations applicable to the protection of the rights of a data subject including rights to object to such inclusion.

19   General

(a) Governance: The agreement and these conditions shall be interpreted and construed in accordance with the laws of England and Wales.

(b)  Entire Agreement: This Agreement, including its Schedules, constitutes the entire agreement between the parties and supersedes and replaces all communications, negotiations and prior agreements (whether written or oral) of the parties made prior to the Commencement Date.

(c)  Force Majeure: Force majeure is defined for the purposes of this Agreement as any unforeseeable event or circumstances beyond the reasonable control of a party that prevent one or both parties from fulfilling their obligations under this Agreement.

Neither party will be liable for failure or delay to perform its obligations caused by a force majeure event, provided that they endeavour to resume their obligations as soon as possible. If force majeure circumstances prevent either party from carrying out its obligations for a period of 14 consecutive days or more, either party may terminate this Agreement by giving written notice.

(d) Independent Parties: Nothing in this Agreement creates or is intended to create a relationship of employment, formal partnership, agency or other representative or fiduciary relationship between the parties. Neither party shall have the right or authority to bind the other or to assume or create any obligations applicable to the other or to make representations or warranties on behalf of the other.

(e) Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity or enforceability of the other provisions. This Agreement will be construed and implemented to the parties’ closest mutual intentions as if such invalid, illegal or unenforceable provision had never been included.

(f)  Survival: Clauses 6 through 9, 11, 18(d) and 18(e) shall survive and continue to apply after the expiry or earlier termination of this agreement