General Terms and Conditions of Sale
The following is Copenhagen Helicopters General Terms and Conditions of Sale.
- Scope of Applicability
- These General Terms and Conditions of Sale (“GTCS”) apply to all sales of services by us notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
- We reserve the right to change these GTCS at any time. We will give you thirty calendar days notice of any changes by posting notice on our website.
- Offers, Purchase Orders and Order Confirmations
- All offers made by us are open for acceptance within fifteen calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the services offered.
- All purchase orders issued by you shall specify as a minimum:
- The type of service or services requested.
- Applicable unit prices given by us, either given from our website or given as a specific offer.
- Applicable to all purchases, your full name or your companys full name, contact persons full name, address, mobile number, email for our registration.
- If payment by invoice has been granted, the companys full name, address, telephone number, email and VAT number.
- If the service is passenger transportation (sightseeing tours included), all passengers full name, address and individual weight and the weight of any luggage or equipment they may carry onboard.
- If the service is cargo transportation, a thorough description of the packages contents and the weight of each package.
- If there is any type of hazardous materials, an UN identification number and correct labeling must be in place. Carriage of hazardous materials can be denied without previous notice if deemed unsafe.
- If the service is aerial photography, each crew full name, address and individual weight and the weight of the equipment carried onboard.
- If the service is any other kind of aerial work assignment such as watercasting and skydiving, each passengers full name, address and individual weight incl. their individual carried equipment and/or suits.
- In respect to watercasting and skydiving, proof of personal insurance from each participant must be shown before the flight, covering his/hers attendance for performing extreme sports, or equvilant insurance from the company holding such an event for the participants and a signed contract with Copenhagen Helicopter, that state that Copenhagen Helicopter and its owners, holds no responsibility what so ever of any kind, and can under no curcomstances be held responsible for any type of material damage nor personal injury nor death of the participant, that performs extreme sport with a helicopter from Copenhagen Helicopter and our operator, Copenhagen AirTaxi.
- Copenhagen Helicopter holds all the needed insurances carying passengers and goods, but does not hold any insurance covering the participants acting in extreme sports incl. the exiting part of the helicopter before the jump.
- In respect to watercasting and skydiving, proof of personal insurance from each participant must be shown before the flight, covering his/hers attendance for performing extreme sports, or equvilant insurance from the company holding such an event for the participants and a signed contract with Copenhagen Helicopter, that state that Copenhagen Helicopter and its owners, holds no responsibility what so ever of any kind, and can under no curcomstances be held responsible for any type of material damage nor personal injury nor death of the participant, that performs extreme sport with a helicopter from Copenhagen Helicopter and our operator, Copenhagen AirTaxi.
- No purchase order shall be binding on us unless and until confirmed by us in writing.
- Prices and Terms of Payment
- The prices for our services shall be those set forth in our order confirmation. All prices regarding passenger and goods transportation incl. all taxes, where as aerial work assignments (for example aerial photography, watercast, skydiving etc.) incl. all taxes except Danish VAT at 25%.
- Unless expressly stated otherwise in our order confirmation, payment for our services shall be made in cash or creditcard in advance without offset or deduction.
- If you have been approved for other payment terms, you must submit such financial information from time to time as may be reasonably requested by us for the establishment or continuation of payment terms. We may in our sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance, bank guarantee, letter of credit or otherwise.
- If you fail to pay any invoice within seven calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminate delivery of any purchase order or any remaining balance thereof by providing written notice of termination to you within seven calendar days of the expiration of the grace period. Further, we may charge you interest from the due date to the date of payment at the rate of 2% per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which we are or may be entitled at law or in equity.
- The prices for our services shall be those set forth in our order confirmation. All prices regarding passenger and goods transportation incl. all taxes, where as aerial work assignments (for example aerial photography, watercast, skydiving etc.) incl. all taxes except Danish VAT at 25%.
- Terms of Delivery and Rescheduling or Cancellation
- The delivery dates and times during the day of our services, shall be those set forth in our order confirmation. If we fail to deliver our services, you are entitled to either reschedule or terminate the applicable purchase order in whole or in part, by providing written notice of reschedule or termination to us without further notice.
- If reasons relating to weather prohibit us from delivering our services, notice will be given as soon as possible the latest weather forecasts predicts such circumstances will occur, that the service can not be delivered at the agreed date and time. This will happen no later than at 08:15AM local time on the day the services is to be delivered.
- If reasons of technical matter prohibit us from delivering our services, such as mailfunctioning aircraft making it non-airworthy for flight, notice will be given as soon as possible such matter comes to our attention.
- Such notice nomatter if of weather or technical matter, will happen written by email and SMS (text message) to the registred booker.
- We are not responsible for any loss suffered as a result of the cancellation of a flight due to weather or technical matters, prohibiting us from performing the flight.
- Warranty
- We warrant that our services will be performed as agreed and described in the confirmed order, and unless a cancellation of a flight happens due to weather or technical matters (non-airworthy aircraft), regarding -
- Sightseeing tours, a full refund of the original flight and a compensation flight will be offered free of charge.
- Charter, a full refund of the original flight and an alternative means of transportation (taxi, limo or bus depending on numbers of passengers) will be offered free of charge to transport the passenger(s) to their destination.
- We make no other warranty, express or implied, with respect to services delivered hereunder.
- We warrant that our services will be performed as agreed and described in the confirmed order, and unless a cancellation of a flight happens due to weather or technical matters (non-airworthy aircraft), regarding -
- Limitation of Liability
- Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, reprocurement costs, loss of data, injury to reputation or loss of customers. Your recovery from us for any claim shall not exceed the purchase price for the service(s) giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
- Force Majeure
- Beside weather or technical matters (non-airworthy aircraft), either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.
- Miscellaneous
- No waiver of any provision of these GTCS shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these GTCS shall not constitute a waiver of such provision or any other provision(s) of these GTCS.
- Should any provision of these GTCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these GTCS shall remain in full force and effect and shall be construed in accordance with the modified provision.
- These GTCS and all contracts of sale entered into between us shall be governed by and construed in accordance with the laws of Denmark without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of us against the other shall be instituted exclusively before the competent courts of Denmark, however, without prejudice to our right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision had not been incorporated into these GTCS.