NETJETS PRIVATE JET CARD TERMS AND CONDITIONS

Transcription

1 PART I GENERAL TERMS AND CONDITIONS NETJETS PRIVATE JET CARD TERMS AND CONDITIONS 1) Nature of These Terms and Conditions. a) These NetJets Private Jet Card Terms and Conditions ( Terms and Conditions ) apply to all Private Jet Cards sold by either NetJets UK Limited or NetJets Aviation Limited (the applicable seller being referred to herein as NJ ). b) These Terms and Conditions are incorporated by reference into each NetJets Private Jet Card Agreement Agreement entered into by the customer named therein ( Card Owner ). c) These Terms and Conditions are available to Card Owner at Card Owner may request a paper copy from NJ at any time by contacting your Sales Executive or Owner Services Team. d) In the event of any conflict between these Terms and Conditions and the main text of the Agreement, the language of the main text of the Agreement will govern. 2) NetJets Private Jet Card Program. NJ will make available to you an aircraft for flights up to the Occupied Flight Hours during the term. The aircraft type will be as specified in Schedule 1 of the Agreement. If two aircraft types are specified, NJ will provide an aircraft of either type at NJ s discretion but if only one of the aircraft types has the range to fulfill a requested itinerary, NJ will provide an aircraft of that aircraft type. Any Occupied Flight Hours not used by the Card Owner during the term of the Agreement will automatically expire. The unused hours may be carried over if, during the term of the Agreement or within six (6) months of its expiration, the Card Owner purchases a follow-on NetJets Private Jet Card, or purchases or leases a fractional aircraft ownership interest in the NetJets Program. 3) Flight Services. a) Operating Rules. These Operating Rules and Procedures set out further details as to how NJ, and other affiliates in Europe operate the NetJets Europe Program and supplement its Operations Bulletin. Defined terms used but not defined herein shall have the meanings ascribed to them in the Operations Bulletin. Where the Aircraft is not a Program Aircraft, (i) references to ANAC and EASA are to the relevant regulatory body, including the United States Federal Aviation Administration (FAA), for the NetJets US program (ii) references to NJ are to NetJets Aviation Inc. or the applicable third party charter operator with whom NetJets has arranged the applicable subcontracted flight services and (iii) references to the Aircraft are to the aircraft provided by NetJets Aviation Inc. or the applicable third party charter operator. i) When in the reasonable view of NJ or the pilots of an aircraft, safety may be compromised, NJ or such pilots may terminate a flight, refuse to commence a flight or take other action necessitated by such safety considerations without liability for loss, injury, damage or delay; and (b) there may be restrictions on operating the aircraft on flight legs that originate and terminate within the same country (except for flights within the individual countries of the European Union) or otherwise due to international air traffic rights. ii) The Aircraft may only be used at airports suitable for landing the Aircraft and in accordance with the standards and guidelines of the Autoridade Nacional de Aviaçāo Civil (ANAC) and the European Aviation Safety Agency (EASA) Regulations under which the Aircraft is then being operated and at which NJ can obtain a take-off or landing slot. iii) NJ will (a) use, manage and operate the Aircraft with all due reasonable care and in accordance with all applicable insurance coverage and in compliance with all laws, ordinances or regulations relating to the use, operation and maintenance of the Aircraft including the standards and guidelines established by ANAC and EASA and (b) insure the Aircraft in accordance with the NetJets Program. iv) NJ will inspect, maintain, service, repair, overhaul and test the Aircraft by duly competent personnel, in accordance with ANAC and EASA approved maintenance and preventive repair programs, so as to keep the Aircraft in good operating condition, ordinary wear and tear excepted, and otherwise within the standards and guidelines established by ANAC and EASA and in such condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under the appropriate rules of ANAC and EASA as often as necessary in the discretion of NJ. v) NJ reserves the right to perform any or all of its obligations, including the retention of a certified air operator to operate the Aircraft, through the service of subcontractors, agents, or other independent contractors, but NJ remains responsible for the performance of its obligations. vi) Card Owner agrees that it will: (a) only use the Aircraft for personal use or to carry its guests, officials and employees; (b) not use the Aircraft for any illegal purpose or for providing transportation of passengers or cargo in air commerce for compensation or hire; and (c) comply with all laws and governmental airport orders, rules, regulations in force from time to time relating to the operation and use of the Aircraft and the use of any airport premises by the Aircraft and, to the extent relevant to its use, any recommendation or guidelines issued by NJ or the manufacturer of the Aircraft as notified from time to time. b) Flight Scheduling. i) In order to facilitate the provision of services by NJ, Card Owner agrees to provide its desired flight schedule and related information as far in advance as reasonably possible and, in any event, to provide the flight schedule and related information no later than the Minimum Advanced Notice as specified in the Operations Bulletin. ii) For scheduling purposes, Peak Period Day (or PPD ) shall mean the dates set out in the Operations Bulletin and with a Minimum Advanced Notice of seventy-two (72) hours. iii) Card Owner agrees that the Aircraft shall be permitted to leave in the event Card Owner is more than sixty (60) minutes late for the flight and has not notified NJ that Card Owner will be late. iv) In the event NetJets specifically pre-positions an aircraft for a Card Owner flight and Card Owner cancels such flight or is late under Section 3b)iii) above, NJ may charge Card Owner for all crew and aircraft repositioning expenses, not to Page 1

2 exceed the estimated value of the Occupied Flight Hours associated with the canceled trip, unless it has given NJ reasonably sufficient prior notice of such cancellation. v) On any PPD, NetJets may, at its sole discretion, (i) accelerate or delay Card Owner s requested departure times by up to three (3) hours, and/or (ii) provide a substitute corresponding aircraft for the Aircraft within the aircraft categories defined herein which Aircraft shall be capable of providing non-stop service to Card Owner s destination provided the Aircraft could make such trip non-stop (such substitute aircraft shall be referred to as Mission Capable Aircraft ). If a Mission Capable Aircraft is provided and it has an Interchange Rate less than the Aircraft then Card Owner will be charged at the Aircraft Interchange Rate. If a Mission Capable Aircraft has an Interchange Rate greater than the Aircraft then there shall be no Interchange Rate Charge. For the purpose of this Section, a non-exclusive list of the aircraft in each category is as follows: Category I: Phenom 300, Citation Excel/XLS, Hawker 750/800XP; and Category II: Falcon 2000\2000EX, Falcon 7X, and Gulfstream GV/G550. vi) Subject to the conditions of this Section 3b)vi), Card Owner is only guaranteed the use of one (1) NetJets program aircraft per calendar day, including both under this Agreement and/or any other agreement for the purchase of another NetJets Private Jet Card. Subject to availability and scheduling, which shall be determined by NJ in its sole discretion, Card Owner may request to use additional NetJets program aircraft per calendar day. In the event Card Owner also owns or leases a NetJets fractional share, Card Owner may use the number of aircraft per day specified in the relevant NetJets fractional program agreements provided, however, that Card Owner may request the use of additional NetJets program aircraft per calendar day and such additional use shall be subject to availability and scheduling as determined by NetJets in its sole discretion. vii) Card Owner agrees that NJ will not have any liability for delay or failure to furnish an Aircraft and pilots when such failure is caused by law, other government regulation or authority, including inability to obtain take-off, landing or airway slots, overflight and landing permits despite reasonable efforts to do so, sudden or unexpected mechanical difficulty, war, civil commotion, terrorist act or insurrection, strike or labour disputes, weather conditions or acts of God. Otherwise if an Aircraft is more than 60 minutes late or is not provided, as Card Owner s sole remedy, Card Owner will be given additional flight time at no additional cost equal to the length of the delay up to a maximum of two hours per occurrence. viii) Card Owner agrees and acknowledges that in the event the Aircraft and all aircraft under the interchange arrangement are unavailable at any given time, NJ will arrange at NJ s sole cost and expense to subcontract for Card Owner s use a comparable, mission capable aircraft from a NJ-approved third party charter provider, including amenities and configuration, which may or may not be the same make and model as the Aircraft. Any aircraft so provided by NJ shall be deemed the Aircraft when used by Card Owner for the purpose of the Agreement and these Terms and Conditions. ix) NJ is subject to certain governmental restrictions as to where it is allowed to operate flights. For example, certain countries prohibit flight operations from point to point destinations within their borders (cabotage). In the event Card Owner s requested travel is prohibited by such governmental restrictions, NJ will promptly inform Card Owner of such restriction and may offer to facilitate an arrangement with an alternate charter provider for that trip, which Card Owner would contract with directly for such flight. x) NJ or its affiliates may make available to Card Owner an electronic flight scheduling and account information system accessible to Card Owner through the internet or other electronic means. The terms and conditions of use for such system, as they may be amended from time to time, are hereby incorporated into the Agreement by reference, and all use of such system shall be subject to the Agreement. 4) Payments. a) Payments Due from Card Owner upon signing of Agreement. Card Owner shall pay NJ the NetJets Private Jet Card Purchase Price specified in Schedule 1 of the Agreement immediately upon execution of the Agreement. b) Other Payments. Card Owner shall pay NJ for the following additional items within ten (10) days after receiving an invoice from NJ. i) Fuel charges. Card Owner will be invoiced a fuel charge (or given a rebate, if applicable) for each hour billed hereunder (including any hour billed for ferry charges, as set out below). The hourly fuel fee is the product of multiplying (a) the Fuel Variable Rate listed in Schedule 1 of the Agreement by (b) each USD 0.01 that the average retail price offered for A1 jet aviation fuel as published by any major supplier of NJUK in any month exceeds USD 1.40 (or in the case of a rebate, is less than USD 1.30) for Light Jet and Premium Light Jet Cards, Citation Bravo, Hawker 400XP, Citation Excel, Hawker 750 or Hawker 800XPC, and USD 1.60 for Phenom 300, Challenger 350, Falcon 2000/ 2000EX, Falcon 7X, Gulfstream V/550, Global 5000 or Global ii) Any and all value added or other taxes, charges, imposts, duties and excise taxes and similar assessments (including, without limitation, any statutory tax, charge, emissions trading or other cost or duty payable in connection with greenhouse gas emissions) relating to the operation or use of the Aircraft or chartering of the Aircraft by Card Owner (including, without limitation, ticket taxes or departure taxes). iii) With respect to flights originating or terminating outside the Primary Operational Area (or within the Primary Operational Area where it is indicated in the Operations Bulletin that Destination Surcharges are applicable), landing and handling costs in excess of the Maximum Covered Landing and Handling Fee as set out in the Operations Bulletin, as well as the cost of flight planning services, security charges, obtaining special landing and overflight permits, immigration fees, customs and similar charges. iv) With respect to flights originating or terminating outside the Primary Operational Area, ferry charges for ferrying the Aircraft to or from such origination or termination point outside the Primary Operational Area, to or from, as the case may be, the nearest suitable international airport within the Primary Operational Area, regardless of whether or not NTA actually ferries the Aircraft to or from the Primary Operational Area, calculated as the number of hours for such a ferry flight (determined in accordance with the Agreement but not subject to a one hour minimum) multiplied by ferry hourly rates for each type of aircraft. (For the avoidance of doubt, where Card Owner interchanges, ferry charges will be calculated using the rates applicable to the actual aircraft used and will include no interchange adjustment). Page 2

3 v) With respect to flights originating or terminating outside the Primary Operational Area (or within the Primary Operational Area where it is indicated in the Operations Bulletin that Destination Surcharges are applicable), the difference between the Average Overnight Expense of the flight crew as set out in the Operations Bulletin and the actual expense incurred for each night per member of flight crew. vi) With respect to flights originating or terminating outside the Primary Operational Area for which Card Owner has either requested that the Aircraft be operated with multiple crews or Card Owner s itinerary requires the crew to exceed the permitted flight duty time under the applicable ANAC and EASA regulations, actual transportation costs (business class for air transport) and room and board expenses for the positioning and repositioning of each affected flight crew. vii) Any direct passenger satellite communication cost where made available on the Aircraft. viii) high density airport charges applicable to certain airports as set out in the Operations Bulletin. ix) extension fees for use of airports outside their usual operating hours. x) Miscellaneous. Card Owner shall be and remain responsible for: (A) ground transportation services provided at Card Owner s request (charged at cost plus a 5% handling fee); (B) catering services provided at Card Owner s request (excepting reasonable catering and beverages and snacks stocked on the aircraft and available for consumption free of additional charge), (C) any concierge-related services provided at Card Owner s request, (D) additional insurance provided at Card Owner s request, (E) fuel charge; and (F) additional costs incurred by NJ due to the Card Owner s improper use of the aircraft and services provided under the Agreement. c) Failure to make Payment. If Card Owner fails to pay outstanding amounts within ten (10) days after they are due, NJ may pursue all remedies available to it at law and in equity, including (i) deducting from the Card Owner s remaining hours, if any, the number of hours needed to cover the outstanding amounts due NJ or (ii) declining to accept any further flight bookings until such amounts are paid in full. In such event, Card Owner shall additionally pay all costs of enforcement and collection of such fees including reasonable lawyer s fees and interest from the date the fees were due at the rate of 1% per month (but not in excess of the maximum rate permitted by law). 5) Insurance. a) NJ hereby agrees to arrange, with insurers of recognized reputation, responsibility and having at least an A.M. Best rating of an A or better: i) aircraft physical damage insurance (excluding war risk coverage and other allied perils coverage) as commercially available with respect to the Aircraft, against loss, theft or damage, extended coverage with respect to any engines or parts while removed from the Aircraft, as defined in the terms and conditions of the aircraft hull and liability policy, for the fair market value of the Aircraft naming NTA loss payee in the event of an actual or constructive total loss. ii) passenger and third party liability insurance (excluding war risk coverage and other allied perils coverage) as commercially available for the Aircraft which it operates in an amount not less than Three Hundred Million Dollars ($300,000,000) combined single limit liability coverage naming Card Owner as an additional insured. b) NJ hereby agrees to arrange for and obtain as commercially available, War Risk and Other Allied Perils Coverage for aircraft physical damage in an amount not less than the fair market value of the Aircraft, passenger liability in an amount not less than Three Hundred Million Dollars ($300,000,000) combined single limit liability coverage and third party liability in an amount not less than One Hundred Million Dollars ($100,000,000) annual aggregate. c) Copies of such policies and certificates of Insurance shall be furnished to the Card Owner promptly upon the request of Card Owner. Such Insurance shall be maintained by NJ in full force and effect throughout the term hereof and the insurer shall provide Card Owner thirty (30) days advance notice of cancellation or material alteration, provided, however, Card Owner notification for War Risk and Other Allied Perils coverage are as set forth in the terms and conditions of the policy. All such insurance shall contain a Breach of Warranty Endorsement in favor of Card Owner. d) Sole Recourse for Liabilities. CARD OWNER AND NJ AGREE TO ACCEPT THE PROCEEDS OF THE LIABILITY INSURANCE REQUIRED HEREUNDER AS THEIR SOLE RECOURSE AGAINST EACH OTHER IN THE EVENT OF ANY CLAIM RELATING TO A TYPE OF INJURY, DEATH, OR PROPERTY DAMAGE FOR WHICH SUCH INSURANCE IS BEING PROVIDED HEREUNDER. THE PRECEDING SENTENCE SHALL NOT OPERATE TO LIMIT ONE PARTY S RECOURSE AGAINST ANOTHER PARTY TO THE EXTENT THAT INSURANCE PROCEEDS ARE WITHHELD OR REDUCED DUE TO THE ACTIONS OR INACTIONS OF SUCH OTHER PARTY. 6) Miscellaneous. a) Amendment. No amendment or waiver of this Agreement will be effective unless it is in writing and duly signed by all of the parties. b) Assignment. Except as provided below, no party may assign its rights or responsibilities under the Agreement or these Terms and Conditions without the prior written consent of the other. Any attempted assignment not approved by the other party, as provided in this section, shall be null and void. NJ may at any time after providing advance written notice to Card Owner (but without having to obtain Card Owner s consent) assign their rights and obligations under the Agreement and these Terms and Conditions, in whole or in part to a parent, affiliate, or subsidiary. Subject to the foregoing, the Agreement and these Terms and Conditions shall be binding upon and inure to the benefit of Card Owner and NJ and their respective successors and permitted assigns. c) Indemnification. Subject to any limitations of liability in this Agreement, each party will indemnify the other party and protect, defend and hold it harmless from and against any and all loss, claims (including claims involving strict or absolute liability, liability in tort, damage, injury, death, liability and third party claims), demands, costs and expenses of every nature, including reasonable legal fees, wheresoever and howsoever arising which the indemnified party, or its shareholders, or any of its or their directors, officers, agents, partners, shareholders or employees, may incur by reason of any breach by the indemnifying party of any of its obligations in this Agreement or arising from its material default, willful misconduct or gross negligence. In the event that any such indemnity claim arises on account of a claim or action made or instituted by a third person against the indemnified party, the indemnified party will notify the indemnifying party promptly after the receipt of notice by the indemnified party that such claim was made or that such action was commenced Page 3

4 d) Data Processing. For the purposes of the European Data Protection Directive (95/46/EC) and legislation implementing such directive, Card Owner hereby freely and explicitly consents to the processing by NJ and/or any affiliate and/or any third party nominated by NJ and bound by a duty of confidentiality, of all or any Personal Data and Sensitive Personal Data as defined in the Section 6 of the Operations Bulletin below (in manual, electronic, or any other form) provided by Card Owner in the course of or in connection with this Agreement and otherwise consents to the NetJets Data Protection Policy as set out in the Operations Bulletin. e) Default. In the event either Party (a) has breached any material obligation under this Agreement and such breach continues unremedied for a period exceeding 30 days following receipt of written notice from the non-defaulting party, or (b) ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts as they become due, is insolvent or the subject of a bankruptcy or receivership proceeding, or in the event any substantial part of the Party s property is or becomes subject to any levy, seizure, assignment or sale for or by any creditor or governmental agency without being released or satisfied within ten (10) days thereafter, then the other Party may terminate this Agreement by giving the other Party written notice. If NJ is in default and Card Owner terminates this Agreement, NJ will refund to Card Owner any unused part of the Purchase Price less any amounts payable under the Agreement. In all other cases, including, without limitation on Card Owner s default, the Purchase Price shall not be refundable. f) Confidentiality. The parties agree (on behalf of themselves and each of their respective affiliates, directors, officers, members, employees and representatives) to keep confidential, the terms of the Agreement and any nonpublic information supplied to it by another party pursuant to the Agreement, provided that nothing herein shall limit the disclosure of any such information (a) to the extent required by law or to carry out a party s obligations under the Agreement or these Terms and Conditions, (b) to a party s counsel, accountants, or auditors, (c) to NetJets affiliates, (d) to a third party providing subcontract transportation services at NJ s direction, (e) in connection with any litigation involving a party, or (f) which has been publicly disclosed by someone other than a party to the Agreement. g) Entire Agreement. The Agreement and these Terms and Conditions contains the entire understanding between the parties with respect to the subject matter herein and supersedes all previous communications, representations, and agreements, whether oral or written, between the parties. h) Force Majeure. No party shall be liable for any failure or delay in performance under the Agreement to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, provided that, as a condition to the claim that a party is not liable, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. i) Further Assurances. Each party hereto shall execute and deliver all such further instruments and documents as may reasonably be requested by the other party in order to fully carry out the intent and accomplish the purposes of the Agreement as well as to comply with any change in any applicable law. j) Notice. Any notice, request or other communication to either party by the other hereunder shall be given in writing and shall be deemed given on the earlier of (i) the date the same is personally delivered with receipt acknowledged, or (ii) the date the same is sent via electronic mail, or (iii) three (3) days after mailed by certified mail or reputable courier, return receipt requested, postage prepaid. The addresses used for notices shall be as set out on the signature page to the Agreement, together with a copy of any addressee as may be designated by a party by notice hereunder. The place to which notices or copies of notices are to be given to either party may be changed from time to time by such party by written notice to the other party. No party may object to the form of notice which was actually received. k) Severability. In the event that any one or more of the provisions of the Agreement or these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of the Agreement and these Terms and Conditions shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision. l) Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Page 4

5 OPERATIONS BULLETIN (Effective from 1 March 2016) 1. Primary Operational Area and Minimum Telephonic Notice There are no ferry charges payable in relation to flights originating and terminating within the Primary Operational Area. Within the Primary Operational Area: SECTOR A (1) Country or City Minimum Telephonic Notice (2) Destination Surcharges applicable (3) (6) Internal flights permitted (4) Cancellation Notice Austria 24 hours No Yes 24 hours Azores 24 hours No Yes 24 hours Belgium 24 hours No Yes 24 hours Canary Islands 24 hours No Yes 24 hours Czech Republic 24 hours No Yes 24 hours Denmark (5) 24 hours No Yes 24 hours Finland 24 hours No Yes 24 hours France (5) 24 hours No Yes 24 hours Germany 24 hours No Yes 24 hours Gibraltar 24 hours No Yes 24 hours Greece 24 hours No Yes 24 hours Hungary 24 hours No Yes 24 hours Ireland 24 hours No Yes 24 hours Italy 24 hours No Yes 24 hours Luxembourg 24 hours No Yes 24 hours Madeira 24 hours No Yes 24 hours Malta 24 hours No N/a 24 hours Netherlands (5) 24 hours No Yes 24 hours Norway 24 hours No Yes 24 hours Poland 24 hours No Yes 24 hours Portugal 24 hours No Yes 24 hours Slovakia 24 hours No Yes 24 hours Slovenia 24 hours No Yes 24 hours Spain (5) 24 hours No Yes 24 hours Sweden 24 hours No Yes 24 hours Switzerland 24 hours No Restricted 24 hours United Kingdom (5) (incl. Channel Islands / Isle of Man) 24 hours No Yes 24 hours Page 5

6 Within the Primary Operational Area: SECTOR B Country or City Minimum Telephonic Notice (2) Destination Surcharges Applicable (3) (6) Internal Flights Permitted (4) Cancellation notice period Albania 2 Working Days Yes Restricted 24 hours Algiers 24 hours or 1 working day, Yes N/A 48 hours whichever is longer Belarus 3 Working Days Yes Restricted 48 hours Bosnia & Herzegovina 72 Hours No Restricted 24 hours Bulgaria 24 hours No Yes 24 hours Croatia 24 Hours No Restricted 24 hours Cyprus (southern part) 24 Hours No Yes 24 hours Estonia 24 Hours No Yes 24 hours Kaliningrad 2 Working Days Yes N/A 48 hours Kosovo 3 Working Days Yes Restricted 24 hours Latvia 24 Hours No Yes 24 hours Lithuania 24 Hours No Yes 24 hours Macedonia 24 Hours No Restricted 24 hours Minsk 3 Working Days Yes N/A 48 hours Moldova 1 Working Day Yes Restricted 48 hours Montenegro 3 Working Days Yes Restricted 24 hours Monastir Morocco (north of 33 N latitude, incl. city of Agadir, Fes, Ifrane, Oujda, Taza, Rabat, El Jadida, Nador, Kenitra, Al Hoceima, Tetouan, Tanger excl. city of Casablanca) Morocco (cities of Marrakech and Casablanca only) 24 hours or 1 working day, whichever is longer Yes N/A 48 hours 24 Hours Yes Restricted 24 hours 24 Hours No Restricted 24 hours Moscow 2 Working Days Yes N/A 48 hours Romania 24 Hours No Yes 24 hours Serbia 3 Working Days Yes Restricted 24 hours St. Petersburg 2 Working Days Yes N/A 48 hours Tel Aviv 3 Working Days Yes N/A 48 hours Tripoli 3 Working Days Yes N/A 48 hours Tunis 24 hours or 1 working day, Yes N/A 48 hours whichever is longer Turkey 24 Hours Yes Restricted 24 hours Ukraine 3 Working Days Yes Restricted 48 hours No ferry charges are payable in relation to flights originating and terminating within the Primary Operational Area (Sector A and B). In addition no ferry charges are payable for Global 6000 customers requesting Global 6000 aircraft between the continental United States of America and Ferry Waiver Zones 1, 2 and 3. Should the Cancellation Notice Period listed above differ from the cancellation period found in the Card agreement, the Cancellation Notice Period listed above shall prevail. Page 6

7 Outside the Primary Operational Area: as set out below but otherwise as determined by NetJets Minimum Telephonic Notice (2) Ferry Charges Applicable Destination Surcharges Applicable (3) (6) Internal Flights Permitted (4) Ferry Waiver Zone 1 applicable to Hawker 750, Hawker 800XP, Latitude, Challenger 350, Falcon 2000/2000EX, Gulfstream G550 and Global 6000 aircraft Armenia 72 Hours No No Restricted Azerbaijan 5 Working Days No No Restricted Georgia 5 Working Days No No Restricted Iceland 24 Hours No No Restricted Israel (excluding the city of Tel Aviv) 3 Working Days No No Restricted Egypt (city of Cairo) 1 Working Day No Yes Restricted Jordan 72 Hours No No Restricted Lebanon Russia (west of longitude, excluding cities of Kaliningrad, Moscow & St. Petersburg) 24 hours or 1 working day, whichever is longer No No Restricted 2 Working Days No Yes Restricted Russia (city of Yekaterinburg) 2 Working Days No Yes N/A Ferry Waiver Zone 2 applicable to Challenger 350, Falcon 2000, Falcon 2000EX, Gulfstream G550 and Global 6000 aircraft Continental United States 48 Hours No Yes Restricted Alaska 48 Hours No Yes Restricted Hawaii 48 Hours No Yes Restricted Canada 48 Hours No Yes Restricted Mexico 48 Hours No Yes Restricted Caribbean Islands (north of 12 N latitude and east of 82 W longitude excluding Cuba and South America) which includes: Aruba, Antilles, Antigua, Barbados, The Turks and Caicos Islands, Cayman Islands, 72 Hours No Yes Restricted Dominican Republic, Grenada, Haiti, Jamaica, Puerto Rico, St. Lucia, St. Vincent, St. Kitts, Tobago, Trinidad, Martinique, St. Martin, Guadeloupe, Dominica and Virgin Islands Bahamian Islands (north of 24 N latitude and west of 76 W longitude) 72 Hours No Yes Restricted Bermuda 72 Hours No Yes Restricted Greenland (Denmark) 48 Hours No Yes Restricted Bahrain 3 Working Days (7) No Yes Restricted Kazakhstan 3 Working Days No Yes Restricted Kuwait 72 Hours No Yes Restricted Qatar 72 Hours No Yes Restricted Saudi Arabia 3 Working Days (7) No Yes Restricted United Arab Emirates 2 Working Days (7) No Yes Restricted Ferry Waiver Zone 3 applicable to Global 6000 aircraft China 7 Working Days No Yes Restricted India 7 Working Days No Yes Restricted Brazil 2 Working Days No Yes Restricted Nigeria 2 Working Days No Yes Restricted Angola 3 Working Days No Yes Restricted South Africa 5 Working Days No Yes Restricted Page 7

8 Outside the POA and all Ferry Waiver Zones Algeria (excluding city of Algiers) 24 hours or 1 working day, whichever is Yes Yes Restricted longer Cyprus (northern part) Subject to confirmation Yes Yes Restricted Egypt (excluding city of Cairo) 24 hours or 1 working day, whichever is Yes Yes Restricted longer Libya (excluding city of Tripoli) 3 Working Days Yes Yes Restricted Russia: East of (excluding the city of Yekatarinburg) Tunisia (excluding cities of Tunis and Monastir) Other destinations not listed above: Notes 2 Working Days Yes Yes Restricted 24 hours or 1 working day, whichever is longer Yes Yes Restricted Please enquire with Operations (1) NetJets may add locations to Sector A on conditions it considers appropriate. However, the removal of locations from Sector A or change of conditions relating to Ferry Charges or Destination Surcharges shall not be effected without the consent of the Customer. (2) The Minimum Telephonic Notice is subject to change from time to time and for flights on Falcon 2000EX, Gulfstream 550, and Global 6000 aircraft outside the Primary Operational Area is the greater of 48 hours and the notice period set out above. (3) Destination Surcharges are additional charges for: airport usage fees exceeding the Maximum Covered Fee; overnight expenses per member of flight crew exceeding the Average Overnight Expense; flight planning costs; special landing and overflight permits; parking costs; security charges; and similar charges. These surcharges are payable by the Customer for flights originating or terminating outside the Primary Operational Area as well as for flights to and from locations within the Primary Operational Area where indicated. For Falcon 2000EX, Gulfstream 550 and Global 6000 different provisions apply see Section 5 of this Operations Bulletin and the Falcon 2000EX or Gulfstream 550 Card Agreement. (4) Internal flights: NetJets may be restricted in operating aircraft on flight legs that originate and terminate within the same country or otherwise due to international air traffic rights. Countries indicated above with Yes have no restrictions on internal flights and further do not require special permits for such flights. Internal flights (and certain international flights) may be restricted with respect to aircraft registered in the United States (such as Falcon 2000EX, Gulfstream IV-SP, Gulfstream 450, Gulfstream V, Gulfstream 550, Global 5000 and Global 6000 aircraft), and flights within the European Union are not permitted on such aircraft. (5) Excluding overseas territories unless specifically included above. (6) The following are not considered as Destination Surcharges and are payable by the Customer in any event where applicable: immigration fees; customs fees and similar charges; and High Density Airport Charges in accordance with Section 2 of this Operations Bulletin. (7) Working Days in the Middle East are from. (8) For Ferry Waiver Zones 1, 2 and 3, ferry charges apply in each zone for aircraft types not specified. Ferry charges on specified aircraft types may apply in certain circumstances as per Card Agreement. Page 8

9 2. High Density Airport Charges The following additional charges (in Euros) ( High Density Airport Charges ) apply at the following airports for each take off and each landing with the Customer on board the Aircraft, except that only one High Density Airport Charge will apply to any airport which is used twice or more on the same calendar day: Airport Phenom 300 Excel, H750 & H800XP, Latitude C350, Falcon 2000/2000EX(**) Chambéry Frankfurt am Main London City Airport 2,015 2,015 2,015 London Farnborough - 8pm-10pm Mon to Fri and all day Sat, Sun and public holidays (peak) Other operating hours (offpeak) London Gatwick - All days from 10:30pm 7:00am and public holidays 375 3, , ,575 - Other operating periods (off-peak) London Northolt AB - 8pm-8am Mon to Fri and all day Sat, Sun and public holidays (peak) 1,575 1,535 1,575 1,875 1,575 2,215 Other operating hours (offpeak) 875 1,085 1,425 London Luton London Heathrow 7,775 7,775 7,775 Milan Malpensa Paris Le Bourget Paris Charles de Gaulle 1,250 1,250 1,250 Samedan - From 1 November to 30 April (peak) 1,300 1,800 1,925 - Other operating periods (off-peak) 1,200 1,500 1,800 (**) When flying Falcon 2000EX only applies within the Primary Operational Area Page 9

10 3. Peak Period Days The following days are the Peak Period Days for Europe: Advance notice of 72 hours is required for new bookings and changes to existing flight plans for flights on Peak period Days. Monday 21 February 22 May 29 May 30 May 03 June 05 June 10 June 12 June 16 June 17 June 19 June 24 June 26 June 30 June 01 July 08 July 10 July 15 July USA (applicable in Europe and the USA for Falcon 2000, Falcon 2000EX, Gulfstream 550 and Global 6000 aircraft and to all Customers interchanging in the USA): Monday Tuesday Monday Tuesday Wednesday Monday Monday Tuesday 11 February 12 February 15 February 16 February 10 March 11 March 13 March 17 March 18 March 20 March 24 March 28 March 26 May 27 May 01 July 10 July 06 October 07 October 22 November 23 November 27 November 28 November 22 December 23 December 26 December 27 December Page 10

11 4. Interchange Rates The Customer interchanging between aircraft in Europe: (1) EU Card EU Card EU Card EU Card EU Card EU Card H750/ Premium Falcon EU Card Light Jet P300 Excel H800XP 2000 G550 Jet Flying in Europe on: C /2000EX Phenom N/A Citation Excel N/A Hawker 750/800XPC N/A Latitude Challenger Falcon 2000/2000EX N/A 0.86 G N/A Global The Customer interchanging into the NetJets US Program: (2) EU EU EU EU EU EU EU EU EU F2000E Light Premium P300 Excel H750 H800XPC F2000 G550 Flying in U.S. on: X Citation Encore Phenom Citation Excel Hawker 800XPC/ 900XP Latitude Sovereign Citation X Gulfstream Challenger Falcon Falcon 2000EX Challenger Gulfstream IV Global Gulfstream V / G Global Notes (1) For flights originating and terminating outside Sector A of the Primary Operational Area, NetJets reserves the right at its discretion and at the applicable interchange rate shown above to provide a Citation Excel or a Hawker 800XP aircraft instead of the Phenom 300 if for any reasons NetJets considers this to be necessary for such a flight to be performed safely including but not limited to weather conditions or potential diversions. (2) These Interchange Rates are based on the assumption of a USD:EUR exchange rate of USD1 = EUR1 and will be adjusted each month based on the average actual USD:EUR exchange rate for such month as published by the United States Federal Reserve Board ( for EMU members by dividing the relevant Interchange Rate as set out above by such average actual value of EUR 1 in US Dollars (for example if an Interchange Rate is stated to be 2.0 and the average actual value of EUR1 in US Dollars in a month is 1.45, the applicable Interchange Rate for such month will be 1.38). Page 11

12 5. Other Charges (Crew Overnight Expenses and Airport Usage Fees) (1) Flight attendant on small or mid-size aircraft, if requested (applies only to flights within the POA), subject to NetJets discretion: Euros for first 2 hours of flight ( 250 per hour thereafter). For flights outside the POA on small or mid-size aircraft, a flight attendant may be requested, however other rates shall apply and are available upon request. Any such provision of a flight attendant shall be at NetJets discretion. Maximum covered overnight expense per member of flight crew ( Average Overnight Expense ): Euros 120 The Customer will be responsible for certain Destination Surcharges, in accordance with Section 1 of this Operations Bulletin, in excess of the following. Maximum covered airport usage fees per flight segment per aircraft type ( Maximum Covered Fee ): Phenom 300 Euros 335 Citation Excel Euros 375 Hawker 750 / 800XP / Latitude Euros 375 Challenger 350 / Falcon 2000/ Falcon 2000EX Euros 600 The applicable landing and handling fee for the following cities (with the Maximum Covered Fee already deducted) is currently as follows (in Euros), subject to change from time to time: City P300 Excel, H750, H800XP C350,Falcon & Latitude 2000/2000EX(1) Algiers, Algeria Tunis, Tunisia Tel Aviv, Israel Istanbul (Ataturk), Turkey Kaliningrad, Russia 1, Moscow (Domodedovo), Russia 2,600 1,975 1,975 Moscow (Sheremetyevo), Russia 2,600 1,975 1,975 Moscow (Vnukovo), Russia 2,600 1,975 1,975 St Petersburg, Russia 2,600 1,975 1,975 Dnipropetrovsk, Ukraine 1, Kiev (Boryspol), Ukraine 1, Kiev (Zhuliany), Ukraine 1, L viv, Ukraine 1, Odessa, Ukraine 1, Simferopol, Ukraine 1, Minsk, Belarus 1, Note (1) Not applicable for customers with Falcon 2000EX, and Gulfstream 550 Card Agreements when flying on Falcon 2000EX, Gulfstream 550 or Global 6000 aircraft. In this case the following charges are applicable, together with the other charges set out in the Falcon 2000EX and Gulfstream 550 Card Agreements: Page 12

13 6. Other Charges Applicable to customers with Falcon 2000EX, and Gulfstream 550 Card Agreements when flying on Falcon 2000EX, Gulfstream 550 or Global 6000 aircraft: Interim stop charge Euros 500 Engineer s charge (per day) Euros 300 Crew overnight charge per whole crew: o For flight segments less than 4.5 Allotted Hours - NIL o For flight segments more than 4.5 Allotted Hours but less than 9.5 Allotted Hours - Euros 750 o For flight segments more than 9.5 Allotted Hours - Euros 1,500 May be applied to all flights where smoking takes place: Smoking Cleaning Fee Euros 450 Page 13

14 7. Data Protection Policy NetJets understands and acknowledges the importance of protecting its Customers privacy and personal data. Each Customer has entrusted NetJets with personal data and NetJets holds such data for the purpose of facilitating the provision of flight services and on the following basis: For the purposes of the European Data Protection Directive (95/46/EC) (the Directive ) and the Portuguese Data Protection Act 67/98 of 26th October 1998 and the UK Data Protection Act 1998, (the Act ), it is an implicit condition of the booking of a flight by the Customer that; a) prior to providing Personal Data (including any Sensitive Personal Data) to NetJets for the purposes of booking a flight, the Customer will have given and/or have obtained the freely given and explicit consent as indicated in paragraph d) below, to the Processing by NetJets, and/or any agent or third party nominated by NetJets and bound by a duty of confidentiality, of all or any Personal Data and Sensitive Personal Data (in manual, electronic or any other form) from all individual Data Subjects being provided with services by NetJets pursuant to various agreements between the Customer and NetJets (collectively Customer Data ) furnished to NetJets by the Customer in the course of or in connection with the provision of services to Customer under or pursuant to the relevant Flight Services Management Agreement. Personal Data includes but is not limited to information relating to an individual s name, address, nationality, gender and passport details; Processing includes but is not limited to obtaining, recording, using and holding Customer Data and includes the transfer of data to any country either inside or outside the European Economic Area including to countries which the European Union has not determined have implemented adequate data protection safeguards; Sensitive Personal Data means personal data which may be considered highly sensitive revealing racial or ethnic origin, political opinions, religious or philosophical beliefs (for example, any preference for a religious meal), tradeunion membership, or concerning health (for example any medical condition requiring special needs or attention) or sex life; Data Subject means an individual who is the subject of Personal Data or Sensitive Personal Data. b) NetJets wishes to ensure Customer service is provided to the highest possible standards at all times and continuously seeks to improve its Customer experience. To facilitate this NetJets (with assistance from external expert advisors) may from time to time record or monitor a sample of telephone calls respectively made by NetJets to the Customer or received from the Customer or on the Customer s behalf, or analyse historic communications between NetJets and a Customer, for the purposes of evaluating the provision of services to the Customer and to facilitate training and development of NetJets staff in order to ensure optimum Customer service delivery. By the act of making a telephone call to or receiving a telephone call from NetJets, or ing NetJets, or requesting an from NetJets, the Data Subject making or receiving the telephone call, or party to the communication, will be deemed to have expressly authorized such recording and/or monitoring and use. c) the Customer acknowledges that Customer Data may be disclosed by NetJets if required by applicable laws, court orders or government regulations (which for these purposes shall be deemed to include any rules or regulations or requirements of any customs or immigration authority which duly demands access to any Customer Data) or as otherwise may be permitted in accordance with the Act and/or the Directive. d) the Customer shall notify each individual Data Subject, who is intending to fly on the Aircraft or on another Program Aircraft pursuant to a Flight Services Management Agreement between the Customer and NetJets, of the Processing of his/her Customer Data, and on NetJets request, will provide NetJets with written evidence of the freely given and explicit consent of any individual Data Subject to such processing pursuant to paragraph a) hereof. In the event that such consent is withheld or withdrawn, Customer shall promptly notify NetJets thereof and Customer acknowledges that, notwithstanding any provision of the relevant Flight Services Management Agreement, such person shall not be entitled to fly on the Aircraft or on another Program Aircraft; As the Data Subject has the right under the Act to access any Customer Data maintained by or on behalf of NetJets and to have such data corrected as appropriate. Customer and/or an individual Data Subject may request access to any Customer Data processed by NetJets in accordance with NetJets Subject Access policy (a fee will usually be payable where appropriate) and may request correction of any incorrect Customer Data processed by NetJets; NetJets has appointed a Data Protection Officer in each of its principal offices in Europe. Further questions as well as the submission of any requests for information under the Act (or under similar legislation enacted in another EU Member State pursuant to the Directive) must be directed to any such officer in writing. The Data Protection Officer for NAL can be contacted at the following address: For the attention of the Data Protection Officer, NA NetJets Aviation Lda, Rua Calvet Magalhães N 245, Bloco B, Paço de Arcos, Portugal. These provisions are supplemented by other privacy information NetJets provides to Customer from time to time, such as NetJets website privacy statement in respect of Customer use of NetJets website. Page 14

15 NetJets Europe may from time to time at its sole discretion amend or modify these provisions in relation to its use of Customer Data. If NetJets makes material changes to the way it collects, uses or discloses Customer Data (other than where purely due to a change in the law requiring mandatory use of such details), NetJets will notify Customer by an appropriate means and will update these provisions at the next opportunity. Where NetJets needs explicit Customer consent to use relevant Customer Data, no such changes will affect that requirement. 8. Dangerous Goods Policy Dangerous goods are items or substances that may endanger the safety of the aircraft or persons on board. In general, regulations prohibit passengers from carrying hazardous materials (dangerous goods) aboard NetJets aircraft. However, there are certain exceptions that allow passengers to carry a limited amount of certain items as carry-on and/or checked baggage. Though allowable some of the items may, at times, be prohibited/limited in the aircraft cabin by regulations. Additionally, countries may also have more restrictive rules on what passengers can carry aboard the aircraft. Disabling devices such as mace, pepper spray or other devices containing an irritant or incapacitating substance are prohibited on one s person or as carry-on or hold baggage; Electro shock weapons (eg. Tasers) containing dangerous goods as explosives, compressed gases, lithium batteries, etc. are prohibited on one s person, at check-in or as carry-on or hold baggage. Security type attaché cases, cash boxes, cash bags, etc. incorporating dangerous goods, such as lithium batteries and/or pyrotechnic material, except as provided, are prohibited. Batteries: Damaged batteries cannot be carried on board a NetJets aircraft. All battery powered equipment/devices must be adequately packaged to prevent inadvertent activation and spare batteries should be in the manufacturers packaging where possible. If not, it must be protected from short circuit and damage. Spare lithium batteries are not permitted to be in checked-in (hold) baggage; Netjets must be informed beforehand of the need to transport and authorize it. Lithium metal or Lithium ion cells or batteries installed in equipment/device may be carried in checkedin (hold) baggage: o In the event where equipment/device with lithium ion batteries exceeding 100Wh but not exceeding 160 Wh needs to be transported, NetJets must be informed beforehand and authorize the transport; o Where the lithium ion battery exceeds 160Wh the equipment/device is prohibited to be transported on one s person, in checked-in (hold) or carry-on baggage. The removal of the batteries from the equipment/device does not eliminate the potential safety hazard. Some examples of items which cannot be carried on board a NetJets aircraft (in carry-on or hold baggage) under any circumstance are listed below: Petrol or gas engine equipment either new or used such as a chainsaw, lawn mower, trimmer Cigarette lighters with blue flame and cigar lighters Spillable batteries Gas cylinders or cartridges Strike anywhere matches Fire extinguishers Explosives such as fireworks, flares, sparklers Flammable liquids and solids such as paint, lighter fluid, thinners, lacquer, fuels Bleaching powders and peroxides Poisons such as weed killers, insecticides Pool cleaning products Flammable solids such as fire starters, moth balls Fertilizers Fibre glass repair kits and resins Some goods may be permitted to be carried by passengers. We recommend you contact your Owner Services team to inquire about any items you intend to carry which may be considered dangerous goods. All dangerous Page 15

16 goods must be declared at the time of the booking or prior to departure and luggage may be unpacked before being loaded on board the aircraft to determine if it contains dangerous goods. If you do not declare the carriage of dangerous goods, even inadvertently, you may be liable to prosecution and severe penalties apply. Additionally, checked or hold baggage must not contain fragile or perishable items, items of value including money, jewelry, precious metals, jewels, computers (including laptop computers), cameras, mobile phones or other electronic equipment, securities, stocks and bonds, as well as other valuables or business documents, samples, identification documents, house or car keys, medicines and/or medical aids and appliances (such as hearing aids, dental braces and glasses) required by the passenger. NetJets may refuse to carry such items as hold baggage. NetJets is entitled to refuse the carriage of any baggage which is so inadequately packed that damage can reasonably be expected despite the exercise of customary care. Page 16