TERMS AND CONDITIONS
The Terms and Conditions described herein constitute an integral part of the Air Charter Agreement (“Agreement”) between you (if your business is a sole proprietorship) or your business (if you are signing up on behalf of a corporation or other legal entity or natural persons ) (the “customer(s)”, “you”, or “your”), Staravia Limited having its registered office at Hangar 15D, Kenneth Kaunda International Airport, Lusaka, Zambia (“Staravia”), and its third-party payment processor (“Processor”) (collectively with Staravia referred to as “we”, “our” or “us”).
Staravia’s services (the “Services”) are provided by Staravia Limited, its subsidiaries, and its affiliates. Please read the following Air Charter Terms and Conditions carefully before accessing or using the Staravia Services or website located at www.staraviazambia.com, and all associated sites linked to Staravia.
If you are entering into this Agreement on behalf of a corporation, other legal entity or natural person(s), you represent and warrant that you have the legal authority to bind such entity or persons to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user” or “customer” shall refer to such corporate entity or persons. If, after your physical or electronic acceptance of this Agreement, Staravia finds that you do not have the legal authority to bind such corporate entity or persons, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Staravia shall not be liable for any loss or damage resulting from Staravia’s reliance on any instruction, notice, document or communication reasonably believed by Staravia to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice document or communication, Staravia reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.
- PROVISION OF SERVICES
1.1 The Services envisaged by this Agreement are the provision of air charters by Staravia to its Customers.
1.2 These terms and conditions are aircraft specific and therefore subject to aircraft availability and serviceability.
1.3 These terms and conditions are subject to industry and related fuel price fluctuations based on the actual price prevailing at the time of the charter.
1.4 Smoking is not permitted on any Staravia flights.
1.5 Passenger baggage is limited to 15kg per passenger in soft bags and must be loaded in the hold. Due to the nature of charter this condition may be altered on request depending on the number of passengers flying and the type of aircraft booked for the charter.
1.6 Dangerous Goods must be declared as per Dangerous Goods regulations. Goods must be packed and marked correctly according to the appropriate authorities. Copies of the relevant regulations are available at Staravia’s offices.
N.B. Lithium Batteries used in any electrical equipment shall be carried with the passenger in their carry-on baggage only: NO lithium batteries are permitted in checked baggage that will be packed in a baggage hold.
1.7 Our pilots are under obligation to declare to the local airport authority any passengers becoming ill on board or passengers expected to be carrying any communicable disease on board, any delays or associated cost due to the above will not be the responsibility of Staravia.
1.8 Signature of this document or acceptance of these terms and conditions online shall constitute a contract of carriage between yourself and Staravia and you acknowledge on behalf of your passengers (you hereby warrant your authority to give such acknowledgement on their behalf) that no contract of carriage will exist between your individual passengers and Staravia, notwithstanding the issue to them by Staravia of a passenger ticket, or not.
1.9 You hereby acknowledge that Staravia itself may not perform the carriage covered by this quote, and that in issuing this quote Staravia may be acting on behalf of an undisclosed or unnamed principal carrier. You hereby exercise any and all contractual rights of election that may arise on your part as a result of the aforesaid in favor of any such principal and hereby waive any and all contractual and delictual claims against Staravia arising from or as a result of such carriage performed other than by Staravia Limited.
1.10 In the event of a delay due to aircraft technical problems, Staravia will make every effort to provide an alternative solution; this solution may be in the form of two or more smaller aircraft. Staravia will be liable for the cost of the replacement aircraft.
1.11 Should any terms of this document be in variance with any charter; aircraft operations management; air transport; operations services; or charter agency agreement already concluded and signed between you, and/or your passengers and Staravia, the latter shall prevail over these terms.
1.12 You warrant that any information given to Staravia regarding the name and age of passengers, passport numbers, number of passengers, and any other relevant details are true and accurate and Staravia shall not be responsible for any consequences relative to inaccurate information having been furnished by you.
General payment terms
2.1 Full payment shall be made no less than 24 hours prior to departure by either cheque, direct bank deposit, transfer, online payment or cash. Interest on overdue payments will be charged at the Prime Lending Rate applicable in Zambia at the time. Kindly effect payment immediately upon signing. Cheque, direct bank deposit, transfer or cash, if mode of payment are to be made to:
Account Name: STARAVIA LTD.
Bank: AFRICAN BANKING CORPORATION T/A Atlas Mara Zambia Ltd
Branch: BancABC House
Address: Plot 746B, Cnr Church/Nasser Roads, Lusaka, Zambia
Account No: 301 522 6851 027
Branch Code: 200001
Sort Code: 200001
Swift Code: FMBZZMLX
2.2 Brokerage: Should Staravia fly by order of a third party (brokerage), the broker and the customer are jointly and severally liable to Staravia for the fulfilment of the payments. Staravia offers to brokers are net and do not include any commission.
2.3 Full pre- payment is required prior to departure.
Online payment terms
2.4 The terms and conditions as described under this part constitute an integral part of the agreement between you, Staravia and its third – party payment processor (“DPO” or such other third-party payment processor as Staravia may from time-to-time use) (“Processor”).
2.5 You hereby accept Staravia’s online payment service which service enables the acceptance and processing of credit card, debit card and other types of card payments or online payment methods (collectively “online payments”) from our customers in exchange for our products and services for internet-initiated transactions (“Transactions”).
This online payment service shall be provided by the payment processor to you on behalf of Staravia. Staravia, however, reserves the right to change the payment processor, subject to the terms of our agreement with Processor.
2.6 Staravia’s Payment Processor shall only process card transactions that have been authorized by the applicable Payment Network, card issuer, or other payment platform.
2.7 Staravia will use all commercially reasonable efforts to provide you with customer support to resolve any issues relating to your Payments Account, your card payment processing and use of our platforms.
- 3. SECURITY
3.1 Staravia and its online Payment Processor shall maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
3.2 Both Staravia and its online payment processor may collect or receive certain personal data about you and we agree that:
(i) We shall keep such information confidential and only use it in connection with the purposes envisaged in the charter contract and/or the online payment service or as otherwise permitted by the subject of such information.
(ii) We shall not disclose or distribute any such information to a third party or use any such information for marketing purposes unless we receive your express consent to do so.
(iii) We may not disclose cardholder data to any third party other than in connection with processing a transaction requested by you.
3.3 Staravia and its online Payment Processor reserve the right to not provide the payments services in respect of any transaction you submit that we believe, in our sole discretion, is in violation of these terms and conditions, or exposes you, us, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts.
- 4. DISCLOSURES AND NOTICES
4.1 You hereby agree that Staravia can provide disclosures and notices regarding the payments services to you by posting such disclosures and notices on our website and/or emailing them to the email address which you may have provided.
4.2 You hereby agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within twenty-four (24) hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
- 5. RIGHT TO AMEND
5.1 We have the right to change or add to these terms and conditions at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the online payments service with notice that we, in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or any other website maintained or owned by us for the purposes of providing services in respect of these terms and conditions. Any continued use of our services after our publication of any such changes shall constitute your acceptance of these terms and conditions as modified.
- 6. CLAIMS AND LIABILITY
6.1 You are deemed to have knowledge of all applicable health, exit, entry, tax, visa, customs and other legal and statutory formalities that are to be complied with by aircraft passengers and Staravia shall not bear any responsibility for the Client’s failure to adhere to or comply with the same.
6.2 You hereby indemnify Staravia from any claim or damage, which you may suffer from the flight other than claims of damages caused by Staravia’s own neglect or wilful misconduct.
6.3 In the case of domestic carriage, claims by you or your passengers from injury or death shall be brought within 2 years of the flight and claims for lost or damaged baggage shall be notified to Staravia in writing within 7 days of the end of the flight, failing which the claim will lapse.
6.4 Neither Staravia nor the designated payment processor are a bank or a money services business (“MSB”) nor do they offer banking or MSB services and as such, we do not assume any liability for the acts or omissions of the issuing or acquiring bank or other payment platform affecting any payment made to us;
6.5 You acknowledge that the Processor reserves the right to not provide the Payments Services (including authorizing or settling) in respect of any Transaction you submit that we believe, in our sole discretion, is in violation of this Agreement, any other Staravia or Processor agreement, or exposes you, Staravia, the Processor, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your Transactions, or your Payments Account.
6.6 You are solely responsible for verifying the eligibility and propriety of a presented payment card used to purchase any charter or service, and Staravia does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. Any charge-backs initiated by you shall be within the ambit of the Payment Network Rules , and/or the rules of the issuing or acquiring bank or other payment platform. (The Payment Networks have established guidelines, by-laws, rules, and regulations in the form of the Payment Network Rules. The Payment Network Rules for Visa, MasterCard, and American Express are available on the Internet at the following links: Visa, MasterCard and American Express). The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. Insofar as the terms of this Agreement and/or the Processor Terms are inconsistent with the Payment Network Rules, the Payment Network Rules shall prevail. We reserve the right to amend this Agreement at any time, with notice to you, as may be necessary to comply with the Payment Network Rules.
6.7 Subject to 6.6, you are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Staravia Air Charters may add or remove one or more types of payments as a supported payment card any time without prior notice to you.
- 7. CANCELLATION POLICY
7.1 Once a Charter is confirmed, Staravia will reserve the aircraft for the exclusive use of the Client during the specified period. In the event of a Charter being cancelled by you, Staravia reserves the right to recoup costs from any lost business due to the assigning of the aircraft to the Client. These costs shall be recouped at the below rates as follows:
1. Less than 24 hours 100% of the Charter Price
2. 24-72 hours 75% of the Charter Price
3. 72 hours to 7 days 50% of the Charter Price
4. 7-10 days 25% of the Charter Price
5. More than 10 days – 0% of the charter price (unless Staravia can prove actual loss such as turning down an alternative Charter or themselves being charged for a reserved aircraft)
7.2 If a client wishes to cancel any flight or flights, cancellation charges will apply, ranging from 25% to 100% of the cost of the flight. Please refer to the table above. Refunds due will be issued less bank charges.
7.3 In the event that Staravia is unable to avail the flight, Staravia shall refund to the Charterer such part of the charter price previously paid by the Charterer as relates to the affected flight(s).
7.4 Staravia may at any time without notice to the Charterer at its discretion set-off any amounts paid by the Charterer to Staravia hereunder against any amounts then due to Staravia under this Agreement or against any amount due at such time from the Charterer to Staravia.
7.5 Should there be any en route changes or delays as a result of compliance with the requirements of international law or national legislation; you or your passengers requirements; unserviceability beyond Staravia’s reasonable control; safety of the aircraft; safety of the aircrafts crew; and/or safety of you or your passengers, any additional costs arising from such changes and/or delays (excluding cost of repairing the aircraft, but including the costs of arranging and alternative aircraft) shall become payable by you in addition to the quoted price.
- 8. LIMITATION OF LIABILITY
8.1 In no event shall Staravia be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential or exemplary damages arising out of, in connection with or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the services. Under no circumstances will Staravia be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of its online platforms or payments services.
8.2 Without limiting the foregoing provisions of this section 8, Staravia’s liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the amount of fees paid by you to Staravia during the three (3) month period immediately preceding the event giving rise to the claim for liability.
8.3 This limitation of liability section applies regardless of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if Staravia or Processor have been advised of the possibility of such damage.
8.4 The provisions of this section 8 shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9. JURISDICTION AND CHOICE OF LAW
9.1 The Contract (including these Conditions) shall be governed by and construed in accordance with Zambian law.
9.2 The Zambian Courts shall have exclusive jurisdiction in respect of any dispute arising out of the Contract. The client irrevocably submits to such jurisdiction
10. FORCE MAJEURE
No party will be liable for non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labour strife, riots, war, terrorist attack, pandemics, acts of God, or other causes over which the respective party has no reasonable control.
- 11. ENTIRE AGREEMENT
These terms and conditions, and all policies and procedures that are incorporated herein by reference, constitute the entire Agreement between you and Staravia with respect to the provision of the Services. Except as otherwise set out herein, in the event of a conflict between this Agreement and any other Staravia agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of Staravia and our vendors and suppliers and sets forth your exclusive remedies with respect to the Services and your access and use of the Services. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
12.1 This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction.
12.2 Headings to these Conditions shall be ignored for the purposes of construction.
12.3 References in these Conditions to any statutes mean such statutes as amended or re-enacted from time to time.