TERMS AND CONDITIONS (OFFERTA)
”EVN OPS” Limited Liability Company, which has permissions to provide the services to airport customers under the Concession Contract concluded with "Armenia International Airports" CJSC “hereinafter referred to as “the Performer” offers the following supervising services with the following terms.
Services:
· Landing/Take off
· Navigation
· Ground Handling
· Cargo Handling
· Airport VIP Lounge
· Weather forecast
· Fueling
· Catering
The Performer provides the proper performance of mentioned Services via specialized companies in required terms, as well as the payment for the Services on behalf of the Customers and on their expense.
Note
The amounts transferred to the Performer by the Customers which shall be directed to other companies for the performed services do not constitute our company’s property and by the request of our Customers, on their behalf and expense those amounts shall be transferred to the relevant companies for the received services.
OBLIGATIONS OF THE PARTIES
The Performer shall.
-Perform in full and in a proper manner the Services provided in the present Terms and Conditions.
-In case of necessity present to the Customer a report on performed services.
The Customer shall.
-To pay for the Services in accordance with the terms and conditions set forth in the present Terms and Conditions.
-Without prior agreement of the Performer not perform any activities, which can make difficult or impossible the performance of the Services defined in the present Terms and Conditions by the Performer.
THE PERFORMANCE OF THE ORDERS/APPLICATIONS/ AND THEIR CONFIRMATION
The Customer submits to the Performer the application of Services by E-mail. The application shall include the following information:
- Operator (air carrier) name;
- ICAO code and flight number;
- Aircraft type and its registry number;
- Captain name and total number of main and reserve crew;
- Purpose of the flight, schedule (UTC) and route;
- Required services at the airport of landing.
The obligation of the Performer to perform the Services is raised from the moment of the confirmation of the Service application by the Performer via E-mail.
The Service application of the Customer is deemed to be confirmed from the moment of the confirmation via E-mail the Service application by the Performer.
In case of refuse of the Customer from the Services after the Confirmation of the Service application the Customer shall compensate to the Performer the actual expenses of the Performer for the performance of the Services within 1 (one) business day after presenting sufficient documents on such expenses.
THE PRICE AND THE PAYMENT TERMS
The total price of the Services is generated by the total amount of the services applications confirmed by the Performer and the description of which is presented in these applications.
The payments terms for the Services are defined in accordance with the confirmed Services application by the Performer.
After the performance of the Services the Performer presents to the Customer a tax invoice, where the description of the Services and the total price shall be mentioned in one line. After the confirmation of the tax invoice by the Customer the Services are deemed to be accepted in accordance with the present Terms and Conditions. The Customer shall confirm the invoices issued by the Performer within 3 (three) business days from the moment of their issuance.
THE LIABILITIES OF THE PARTIES
In case of non-performance or improper performance of the obligations defined in the present Terms and Conditions, the Parties bare the liability in accordance with the Legislation of the Republic of Armenia, taking into the conditions set forth in the present Terms and Conditions.
6. FORCE MAJEURE
In the event of failure to fully or partially perform the obligations under this Terms and Conditions, the Parties shall be exempted from the liability if it was caused by an event of force majeure which arose after the conclusion of this Terms and Conditions and which could not be anticipated or prevented by the Parties. In case of this events the performance of the obligations is delayed for the period of duration of the Force Majeure events.
DISPUTE RESOLUTION
All the disputes or disagreement resulted from the present Terms and Conditions shall be settled by means of negotiations. In case of the Parties do not reach an agreement, all the disputes and disagreements shall be settled by the Courts of the Republic of Armenia in accordance with the Legislation of the Republic of Armenia.
OTHER TERMS
The present Terms and Conditions will be in force after being signed by the Customer.
In case of one of the Contractual parties’ violates any of the above terms of present Terms and Conditions the other party should notify all infringements, stating all details in written form. Should one of the parties fails to eliminate infringements considered evident within 30 (thirty) days after receiving the notification, the opposite party is entitled to cancel the present Terms and Conditions after 10 (ten) days notification, executed in written. In case of termination of the Terms and Conditions on the bases defined in the present paragraph, including the actual costs (expenses) for the performance of the Services made by the Performer are subject to a compensation by the Customer within one business (1) day after presenting approved sufficient documents on such kind costs (expenses).
The present Terms and Conditions are considered final and binding to both Contractual parties. No other wording or understanding is possible.
The Parties shall not disclose to third parties any confidential information concerning the present Terms and Conditions or the Services performed, excepted when such disclosure is provided by the Legislation of the Republic of Armenia or when the other Party gives its prior written consent.
Any changes, supplements or amendments to this Terms and Conditions will be updated on which the customer will be informed.
All the matters not regulated by the present Terms and Conditions are settled by the Legislation of The Republic of Armenia.