Terms & Conditions
This WACS LIMITED Terms and Conditions govern access and usage of our websites, mobile apps, and other services to facilitate Aircraft charter.
This Terms and Conditions works as an agreement between the charter organization WACS LIMITED (“we”, “WACS”, “our”, or “us”), a Cyprus Company with a registered executive office Arch. Makarios III Avenue, 227, office 402, room 1, 3105, Limassol, Cyprus and Tax Identification Number (TIN) CY10393016D, and you (“client”, “user”, “Customer”, or “Member”).
WACS LIMITED is not a direct air carrier. All Flights available and offered to users are owned and operated by properly licensed third-party air carriers, compliant with rules outlined by the European Union Aviation Safety Agency (or other appropriate authority under foreign law).
These Terms and Conditions do not constitute a contract for carriage by air. Contracts for carriage will be concluded between users and Aircraft operators and will be subject to operators’ Terms and Conditions of Carriage. WACS LIMITED is not a contracting or common Carrier.
To the fullest extent permitted by law, WACS LIMITED does not assume any liability concerning the use of WACS’s platform, the performance of an Itinerary, or any related operation of Aircraft.
1- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires:
2 – USE OF THE WACS PLATFORM
Only registered Customers may book Flights through the WACS Platform. The platform’s usage is governed by these Terms and Conditions as well as by our Cookie Policy and Privacy Policy. In case Customers do not accept the terms described in these policies, they are not allowed to use the WACS Platform and services.
2.1 Customers, confirm, acknowledge, and agree that:
A- To make services available through the WACS Platform, WACS acts solely as the agent for the Customer and the intermediary between the Customer and Operators to arrange Aircraft charters.
B- WACS does not and will not operate as an air carrier and does not own, operate, or maintain Aircraft.
C- The WACS Platform only serves as a booking agent for third-party Operators. The contract of carriage for any Flights booked through the platform is made directly between the Operator and the Customer.
D- Carriage shall always be subject to the Operator's Terms and (where applicable) Contract of Carriage.
E- They are of sufficient legal age and power to enter into legally binding agreements, including these Member Conditions.
F- A third party may not access the WACS Platform or make bookings on behalf of another Customer unless expressly authorized by the Customer. If the third party is given permission, the third party has to present these Terms and Conditions promptly and all communications from WACS or an Operator to the Customer without delay and obtains the Customer's agreement to all the terms and communications.
G- Only valid Customers may use the WACS Platform. WACS reserves the sole right to verify the trustworthiness of all users registered in the WACS Platform at any time while their account is registered and activated in the WACS Platform. In case the trustworthiness of a user cannot be verified (because of, but not limited to, a fake e-mail, a fake phone number, or a stolen ID), WACS may, at any time and without prior notice, suspend the Customer from using the WACS Platform as well as block the user for an indefinite time for using the WACS Platform and any of its services.
3 – AIRCRAFT CHARTER AND CONFIRMATION
The Operator shall make available to the Customer the Aircraft as specified in the Flight Brief. The Customer shall take the chartered Aircraft from the Operator under the Terms and Conditions of this agreement and the Operator’s Terms (including any Special Conditions that have been brought to the Customer by the Operator during the WACS Quotation process).
3.1 A Customer may use the WACS Platform to (a) submit an Aircraft charter request for an on-demand charter, (b) express interest in a group charter, or (c) express interest in an Empty Leg Charter. WACS shall use its reasonable endeavors to offer a Charter Price accordingly.
3.2 Upon receiving a charter request WACS will present a quote to the Customer with a price for the Aircraft available to perform the Itinerary. The following terms apply to the WACS quote:
3.3 Subject to the continued availability of the Aircraft, upon acceptance of the Charter Price, WACS shall issue the Customer with a Booking Confirmation.
3.4 Payment of the entire Charter Price must be completed no later than 30 days before the start of the Itinerary. If the balance is not received within this timeframe, WACS may, at its absolute discretion, cancel the Itinerary and refund the deposit received. The refund is subject to a 20% (twenty percent) penalty of the total Charter Price and any applicable cancellation fees due to the Operator under their Terms.
3.5 Customers understand and consent that the execution of an Empty Leg Charter is not guaranteed and is subject to the primary Charter being conducted. If the primary Charter is canceled, the Empty Leg Charter will also be terminated. In such cases, WACS will make every effort to promptly notify the Customer of the cancellation. The Customer will be eligible for a full refund of all payments made for the Itinerary.
3.6 A Flight booking and an Itinerary are based on internationally recognized ICAO (4 letters) and IATA (3 letters) airport codes and not by airport names or city names (maybe specified additionally).
4 – CHARTER PRICE AND PAYMENT
4.1 WACS provides a payment gateway on its platforms for customers to make payments for its services. The Charter Price should be paid by customers to WACS at the specified time, in the specified amount, currency, and to the address mentioned in the Terms and Conditions and Invoice.
4.2 WACS accepts the following payment methods:
4.3 All amounts payable to WACS, including the Charter Price and any Supplementary Invoice, shall be due in full, with any bank transfer fees and exchange charges being for the payer’s account.
4.4 The Charter Price is based on aviation fuel costs calculated on the booking date. Suppose, for any reason, there shall be any increase in the cost of aviation fuel between the date of booking and the date of operation of the Flight. If the Operator requires it, the Customer must pay WACS the necessary amount to fully compensate the Operator for any cost increases.
4.5 The Charter Price, as indicated on the invoice, is agreed upon in a specific currency. However, at WACS’s sole discretion and upon the Customer’s request, the price may be settled in US Dollars, Euros, GBP, or UAE Dirham. If the Customer requests a different currency, a new invoice will be issued, and the Charter Price will be converted using the WACS Exchange Rate on the invoice’s date of issue. If immediate payment is not received, WACS reserves the right to recalculate the conversion of the Charter Price based on the date of payment and issue revised and/or additional invoices for any outstanding amounts. All invoices will indicate the “Charter Price” for the itinerary and are subject to the same Terms and Conditions.
4.6 The Customer cannot withhold payment of any sums due under or because of this Itinerary, whether related to a Flight Itinerary or any other carriage, by using set-off or counterclaim.
4.7 Upon demand, the Customer is responsible for reimbursing the Operator for any de-icing costs incurred during the performance of the Itinerary. WACS will place a credit card hold for the approximate cost of de-icing and inform the Customer of the amount before the Flight. The hold will be released upon fully settling the outstanding invoice related to the Itinerary under these Terms and Conditions. If the Customer fails to make the settlement, WACS may request payment of the hold amount from the Customer's credit card. If a credit card hold is not used and de-icing is required, WACS will charge the de-icing amount to the Customer, who has to pay the invoice upon receiving it.
4.8 If the Customer requests a change to the route or any other significant change (for example, a Flight time change, a Passenger manifest change, a change of an airport, or additional Flight requirements) in respect of one or more itineraries being undertaken by the Operator under a Flight booking and such requests are accommodated by the Operator (which shall be at the Operators’ sole discretion), WACS will issue an amended or replacement Flight Confirmation, and the Customer will pay on demand any additional costs set out therein.
4.9 Unless agreed in advance of the Flight, Wi-Fi charges are not included in the Charter Price. If the Customer uses Wi-Fi that was not included in the Itinerary, any charges by the Operator will be reissued to to the Customer and must be paid upon receipt of the invoice.
5 – CHARTER FLIGHT CANCELLATIONS AND REFUNDS
In case of cancellation of all or part of the Itinerary, the Customer shall pay the following cancellation charges, depending on the time the cancellation occurs:
Customers are not entitled to any refund (partial or otherwise) from WACS if the cancellation pertains to the remaining segments of the itinerary after a part of it has already been performed.
6 – FLIGHT OPERATION, TRAVEL DOCUMENTS, AND BOARDING
6.1 It is the Customer's sole responsibility to ensure that their passengers and their luggage reach the check-in point at the departure airport on time to comply with the Operator's Terms and be allowed on the Flight. This includes following rules regarding luggage restrictions, pet transportation, and on-board behavior. If a passenger fails to arrive on time, neither the Operator nor WACS will be liable to the Customer or the passenger, and they will not be required to make alternative arrangements.
6.2 Customers shall provide WACS with all necessary information and assistance, including confirmation of the identity of all Passengers within any time frame as may be stipulated by WACS so that Operator can issue traffic documents as necessary or finalize arrangements for the performance of the Itinerary.
6.3 Customers and Passengers are responsible for obtaining all necessary travel documents and visas (including pet passports if relevant) and complying with all lawful regulations, laws, orders, demands, instructions, and travel requirements related to customs, police, public health, immigration, and other applicable regulations in countries of departure, arrival, or transit. All travel documents (including pet passports if relevant) should be presented with sufficient time to complete departure procedures. WACS will not be held liable for any failure of a Customer or Passenger to comply with this clause or for any resulting consequences. If a Customer is late for boarding, they may be subject to late departure fees, and if they are more than thirty (30) minutes late and the Operator can no longer service the Itinerary, they will not be entitled to a refund.
6.4 In the event of a delay (other than the delay for technical reasons that is the responsibility of the Operator) deviation or diversion of the Flight, the Customer shall be solely responsible for any cost for accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Customer’s Passengers wherever and however the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Operator shall be reimbursed by the Customer to the Operator’s demand.
6.5 Where an Operator makes WACS aware of changes to an Itinerary (including the departure time(s)), WACS shall endeavor to communicate such changes to the Main Customer indicated in the Booking Confirmation.
6.6 If any Passenger of the Customer is prohibited entry at any destination airport, the Customer shall indemnify and keep indemnified WACS or the Operator, in respect of that refusal (including but not limited to charges, fees, penalties, imposts, or other expenses levied upon the Operator or WACS by any immigration authority) and, also, all cost or expense incurred by the Operator for any arrangements made by the Operator to return such Passengers to the country from which such Passenger was originally carried.
6.7 Customers shall always ensure that WACS has been provided with their updated contact details, including but not limited to telephone numbers (landline and mobile) and an active e-mail address. WACS shall have no liability whatsoever for any losses sustained by a Customer due to WACS’s inability to contact them using their disclosed contact details.
6.8 The execution of the Itinerary depends on Flight operability. Events such as (but not limited to) current weather conditions, airport opening hours, air traffic control, slots, Aircraft defect, overflight, and landing permissions might interfere with the operation of the Flight. In case any of the mentioned circumstances force the Itinerary to be canceled or the Aircraft to be diverted to an alternative airport, be forced to return to the airport of departure, or suffer a technical failure, WACS shall use its reasonable endeavors to provide assistance in sourcing alternative means of transport for the completion of the Itinerary, whether from the original Operator or an alternative Operator/transport provider. In arranging any such alternative transport with an alternative Operator/transport provider, WACS acts solely as the Customer's broker, with such transport being subject to the Terms and Conditions of the relevant Operator/transport provider. Unless otherwise agreed by WACS, the cost of any such alternative transport shall be for the account of the Customer indicated in the original Booking Confirmation.
A- In case of delays resulting from weather, WACS shall inform the Customer of the potential new departure time and date for the safe performance of the Itinerary.
B- In the event of unforeseeable Maintenance ("AOG"), the Charter Operator and WACS will try to find a solution internally and send another aircraft as a replacement. However, suppose no other aircraft is available or economically feasible to operate an AOG replacement. In that case, the Charter Operator and WACS will do their best to organize a sub-charter aircraft from a third-party operator from the open market. If the substitution involves additional cost, the such additional cost shall be notified to the Client, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage.
C- In case of service disruption (such as but not limited to adverse weather conditions, change or cancellation of slots, traffic control disruption, airport operational time restrictions) that incur any part of the Itinerary not being able to be executed as described or on time, the Charter Operator and WACS will do its best to organize an alternative transportation to deliver the Client to the final destination. If the substitution involves additional cost, the such additional cost shall be notified to the Client, who shall be entitled to either accept the extra cost or decline the offer of alternative carriage. If the Client does not accept an alternative carriage that delivers the Client to the final destination and does not involve additional cost to the Client, the Charter Operator and WACS are entitled to consider the segment as executed, and no refund rights arise to the Client.
6.9 Customer acknowledges and agrees that the captain of the relevant Aircraft is entitled to take all necessary safety precautions at any time, including but not limited to the full authority to make decisions regarding payload (Passengers, luggage, and cargo), planned route, Flight timings, the sufficiency of weather conditions for the safe Flight and ultimate landing destination.
7 – EXCLUSION OF LIABILITY/INDEMNITY
7.1 WACS and its associated parties, including investors, shareholders, officers, directors, affiliates, agents, attorneys, and third-party service providers, as well as their employees (collectively referred to as “indemnitees”), will not be liable for any injury, death, loss, claim, damage, accident, delay, or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based on contract, tort, or otherwise, except as provided in these Terms and Conditions and to the extent permitted by law. This limitation applies to any arising out or in connection with the use of WACS’s services by the charterer, including air travel or other services booked through WACS, but is not limited to the situations:
7.2 The Customer expressly agrees that their sole recourse of claims arising out of the performance of the Itinerary, or any part thereof (including delayed, partial, or non-performance) shall be against the Operator.
7.3 If, notwithstanding the provision of this clause 7.1, the indemnitees have any liability to a Customer, such liability shall (to the extent permitted by law) not exceed an amount equivalent to the Charter Price.
7.4 WACS shall be under no liability to the Customer for any failure by its Operator to perform its obligations under an Itinerary arising from force majeure, labor disputes, pandemic, or strikes of any kind (including those of Operator’s personnel), lock-outs, technical or weather conditions, or any other cause beyond the control of the Operator including accidents or failure of the Aircraft or any Aircraft part.
7.5 The indemnities contained in these Terms and Conditions shall survive the termination of any Itinerary or Agreement.
7.6 The Customer shall indemnify the Operator or WACS against any claims by any Passenger of the Customer arising out of the termination of an Itinerary.
8 – GENERAL TERMS
8.1 No party has relied on any warranty or expressions of any other party except as expressly stated or referred to in an Itinerary. No Party has relied upon expressions made to it by another Party, whether written or oral, except as is expressly indicated in these Terms and Conditions.
8.2 Customers shall not be entitled to assign their benefits under these Terms and Conditions.
8.3 The timely fulfillment of the Customer’s obligations under these Terms and Conditions is crucial.
8.4 WACS may at any time amend these Terms and Conditions at its absolute discretion. Existing bookings shall remain subject to the Terms and Conditions in force at the time of booking.
8.5 The Charter Price, payment terms, and other commercial terms included in the Booking Confirmation are confidential to the Parties and may not be disclosed to third parties without WACS’s prior approval.
9 – SPECIAL TERMS FOR SHARED FLIGHTS
These terms are applicable for Shared Flights. All topics not covered here are governed by the rules applicable in the other articles of WACS Terms and Conditions.
9.1 Ticketing and Booking
A- Booking a seat on WACS Flights can only be made via the WACS Platform or WACS Flight Management Service.
B- The main Client must be at least 18 years old at the date of the Booking.
C- The Main Client must be a passenger part of the group traveling on the itinerary purchased.
D- Clients considered minors (every Passenger under 18 years old by the time of the Flight) can only fly with power of attorney. Unaccompanied minors under 7 years are not accepted on our shared flights.
E- Accompanied Passengers must be at least two months old on the Flight date.
F- All passengers on board must have a seat. Children cannot travel on their parent’s lap.
G- Passengers are responsible for obtaining all required travel documents and visas and complying with all laws, regulations, orders, and travel requirements of countries to be flown from, into, or through.
H- Passengers must present the required documents for the trip before departure and permit the Operator to take and retain copies.
9.2 Fares
A- WACS reserves the right to modify the Flight fares at any time prior to receiving the payment for such Flight.
B- WACS reserves the right to offer different fares for the same Flight.
C- The fares apply to passengers of all ages. Special fares (such as discount fares for children) are not available.
D- Fares include all applicable taxes, fees, and other charges imposed by any government or other authority.
9.3 Payment
A- Shared Flights and additional services to shared Flights are paid with Bank transfer via the WACS Platform.
B- If not different stated on the booking page, flights are paid in Euros.
9.4 Luggage Policy and Pets
A- The Luggage Policy is announced per Flight. When not stated, the standard luggage limit is 20 kg plus one small piece of handbag luggage. Additional baggage requires Operator’s pre-approval.
B- Overhead storage is not available, and on-aircraft storage is limited. If hand luggage cannot be properly stored, is of excessive weight, or is considered unsafe for any reason, it will be checked on the cargo hold.
C- Neither WACS nor its Operators assume liability for lost, damaged, or delayed luggage.
D- Each Passenger is solely responsible for packing their luggage so the contents cannot be damaged. The Passenger is liable for any damage caused to the plane’s equipment or another passenger’s luggage caused by such passenger’s baggage or its contents.
E- PETs are not allowed on WACS Shared Flights. Unauthorized transportation of pets will result in Passenger being removed from the flight, forfeiting all reservation fees.
9.5 Seating Options
A- If not stated otherwise on the Customer booking confirmation, on all Flights, the Operator reserves the right to assign specific seats to Passengers.
9.6 Boarding
A- Customers must arrive twenty (20) minutes prior to their scheduled departure time.
B- Flights may depart up to 60 (sixty) minutes after their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews, and pilot duty times.
C- Neither WACS nor the Operators have an obligation to wait for late Passengers. Refunds are not issued for missed Flights.
D- If a Passenger does not board the departing flight booked on their Itinerary, WACS will cancel the return or onward reservations, and no refunds will be issued.
9.7 Refusal to Transport
Operators may refuse to transport or remove a Passenger from an Aircraft for any reason, including, but not limited to:
Refunds for Flights terminated under this Section will be determined on a case-by-case basis. If a refund is granted, such the refund shall be Customer’s sole recourse against WACS.
If the Operator is required to pay any fine or penalty or to incur any expenditure by reason of the passenger fails to comply with laws, regulations, orders, or travel requirements of the countries concerned or to produce the required documents, the passenger will reimburse the Operator on demand, any amount so paid or expenditure so incurred.
9.8 Changes, Cancellations and Refunds
A- Until 10 days before departure, passengers are allowed to change their bookings to any other flight (limited to the ones available on the WACS platform), paying 5% of the price, unless the operator's penalties amount to a large amount.
Suppose the fare available on the newly chosen flight is lower than the original fare paid by the passenger. In that case, the passenger will receive the difference in the form of a flight voucher, valid for 12 months, to be used exclusively at WACS minus a transaction fee.
Vouchers are not exchangeable for money.
B- If the Customer or Customer’s Passenger decides not to proceed with the trip until 30 days before departure, the Customer is entitled to a full refund, minus 10% and the transaction fee.
C- If not stated otherwise, all tickets are not transferable and exchangeable.
D- Ticket price is fully refundable in the case of flight cancellation by WACS or the Operator.
E- Refunds are processed within 72 hours after the Cancellation of a flight is announced by WACS. This time does not cover the time it might take for the Customer’s bank or credit card provider to process the refund. WACS is not liable for any delays caused by the Customer’s bank or credit card provider.
F- Refunds are processed in Euros. WACS is not liable for any cost that the customer bank (or credit card) might incur or charge for processing the transaction.
9.9 Shared Flights Proposed By Clients
A- The fees paid for initiating a shared flight are non-refundable.
B- Proposed Shared Flights need to have a departure date scheduled at least 10 days from the day they are proposed.
C- The flight is considered as proposed only after the initiation fee has been paid.
D- WACS shall not be liable for any compensation to the Client that proposed a flight in case the proposed flight is not activated.
9.10 Shared Charter
A- Shared Charter’s unused seats are put for sale exclusively via WACS.
B- The sales of the available seats are closed 24 hours before the departure.
C- The Client initiating a Shared Charter will receive the cost of each seat sold via WACS (minus WACS commission) as flight credits or money.
D- Flight credits are processed in Euros.
E- Refunds and flight credits are limited to the seat cost (minus WACS commission), regardless of the final price at which the seat had been sold.
F- Refunds are awarded to the Сlient after the flight is concluded.
G- WACS shall not be liable for any compensation to the Client purchasing a Shared Charter in case the seats offered for sale are not sold.
10 – LAW AND JURISDICTION
10.1 These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed under the laws of Cyprus.
10.2 The courts of Cyprus shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Terms and Conditions, provided that WACS shall be entitled to take proceedings relating to these Terms and Conditions in any other jurisdiction. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction in Limassol, Cyprus.
11 – RIGHT TO MODIFY THESE TERMS AND CONDITIONS
11.1 WACS reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically.
11.2- Your continued use of the WACS Platforms after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
11.3 Customers that do not accept the terms described in these policies are not allowed to use the WACS platform and WACS services.
TERMS AND CONDITIONS LAST UPDATED: 15/04/2023
We suggest you check this page for updates, as we will update this policy occasionally.
This Terms and Conditions works as an agreement between the charter organization WACS LIMITED (“we”, “WACS”, “our”, or “us”), a Cyprus Company with a registered executive office Arch. Makarios III Avenue, 227, office 402, room 1, 3105, Limassol, Cyprus and Tax Identification Number (TIN) CY10393016D, and you (“client”, “user”, “Customer”, or “Member”).
WACS LIMITED is not a direct air carrier. All Flights available and offered to users are owned and operated by properly licensed third-party air carriers, compliant with rules outlined by the European Union Aviation Safety Agency (or other appropriate authority under foreign law).
These Terms and Conditions do not constitute a contract for carriage by air. Contracts for carriage will be concluded between users and Aircraft operators and will be subject to operators’ Terms and Conditions of Carriage. WACS LIMITED is not a contracting or common Carrier.
To the fullest extent permitted by law, WACS LIMITED does not assume any liability concerning the use of WACS’s platform, the performance of an Itinerary, or any related operation of Aircraft.
1- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires:
- “Agreement” means these Terms and Conditions, the Charter Contract, and any Special Conditions.
- “Aircraft” means any aircraft (including helicopters) operated by an Operator to perform a Flight Itinerary.
- “Booking Confirmation” means the confirmation (electronic, e-mail, or via message apps) provided by WACS to a Customer confirming the Flight and including the Itinerary and the Aircraft booked through the WACS Platforms.
- “Charter Flight” means the Flights when the Customer reserves the entire Aircraft for flying.
- “Conditions of Carriage” and “Operator’s Terms” mean the Operator’s general conditions of carriage for passengers and baggage.
- “Customer”: WACS’s users and members (including representative(s) if applicable) making Flight inquiring, Flight booking, or booking a seat using WACS Platforms.
- “Charter Price” means the total price set out in WACS’s invoice(s) issued regarding the Charter of an Aircraft for the performance of the Itinerary, including WACS’s fee. Unless otherwise confirmed in writing by WACS, the Charter Price shall not include (a) catering, (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of the Booking Confirmation, including security costs, aviation insurance premiums, fuel, air Passenger duty, airport charges, or similar expenses related to the operation of the Aircraft or any part of the Itinerary, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops, or out-of-normal-hours airport charges.
- “Activation Date” means the day when WACS decides if a shared flight in pre-booking state will be confirmed.
- “Empty Leg Charter” means a Customer’s charter of an Aircraft for an Itinerary that wholly depends on a separate charter Flight. It arises when it is necessary to reposition an Aircraft without passengers from one airport to another.
- “Flight Briefing” means The Document that includes information regarding the Flight or series of Flights booked via WACS and shall consist of places of departure, places of destination, any stopping points, and times of arrival and departure.
- “Flight Manager Service” means the package of complementary services offered by WACS to improve personalization and customization of Flights.
- “WACS” means WACS LIMITED, a Cyprus Company with a registered executive office Arch. Makarios III Avenue, 227, office 402, room 1, 3105, Limassol, Cyprus and Tax Identification Number (TIN) CY10393016D
- “WACS Platform (s)” means the channels provided by WACS to the Customer so they can have access to WACS services, including the site https://avitara-aero.com, phone number, e-mail, and text message services.
- “WACS quote (s)” means the offers made by WACS to a Flight request received from the Customer, providing all conditions for a Flight Itinerary that would be fulfilled if the Customer accepts the offers.
- “Itinerary” means the Flight or series of Flights booked via The WACS Platform.
- “Main client” or “main passenger”: The Client responsible for purchasing and paying for the ticket, a batch of tickets, or a charter flight.
- “Operator” refers to the Aircraft Operator that provided a quotation for a Flight to the Customer, and the Customer has accepted the quote under these Terms and Conditions. The Operator is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation.
- “Passenger” means any person other than a cabin or Flight crew travelling on an Aircraft booked by a Customer via The WACS Platform.
- “Parties” means, as the context may require, WACS, Customers, or Passengers.
- “Shared Flight” means a Flight when a Customer books a seat on the Aircraft via WACS instead of the entire Aircraft.
- “Shared Charter” means a Flight when a Customer books an entire Aircraft via WACS and allows the sales of unused seats.
- The term “Special Conditions” refers to the changes to these Terms and Conditions that the Operator will follow while carrying out the Flight for the Customer. In case of any conflicts with these Terms and Conditions, the Special Conditions will have priority between the Parties.
- “Ticket price” means the full price to be paid by the Customer for booking a seat on a shared Flight.
- “Valid Customer” means a person that registered for using the WACS Platform (or a person that inquires about a Flight) for which it is possible to validate the person’s trustworthiness.
2 – USE OF THE WACS PLATFORM
Only registered Customers may book Flights through the WACS Platform. The platform’s usage is governed by these Terms and Conditions as well as by our Cookie Policy and Privacy Policy. In case Customers do not accept the terms described in these policies, they are not allowed to use the WACS Platform and services.
2.1 Customers, confirm, acknowledge, and agree that:
A- To make services available through the WACS Platform, WACS acts solely as the agent for the Customer and the intermediary between the Customer and Operators to arrange Aircraft charters.
B- WACS does not and will not operate as an air carrier and does not own, operate, or maintain Aircraft.
C- The WACS Platform only serves as a booking agent for third-party Operators. The contract of carriage for any Flights booked through the platform is made directly between the Operator and the Customer.
D- Carriage shall always be subject to the Operator's Terms and (where applicable) Contract of Carriage.
E- They are of sufficient legal age and power to enter into legally binding agreements, including these Member Conditions.
F- A third party may not access the WACS Platform or make bookings on behalf of another Customer unless expressly authorized by the Customer. If the third party is given permission, the third party has to present these Terms and Conditions promptly and all communications from WACS or an Operator to the Customer without delay and obtains the Customer's agreement to all the terms and communications.
G- Only valid Customers may use the WACS Platform. WACS reserves the sole right to verify the trustworthiness of all users registered in the WACS Platform at any time while their account is registered and activated in the WACS Platform. In case the trustworthiness of a user cannot be verified (because of, but not limited to, a fake e-mail, a fake phone number, or a stolen ID), WACS may, at any time and without prior notice, suspend the Customer from using the WACS Platform as well as block the user for an indefinite time for using the WACS Platform and any of its services.
3 – AIRCRAFT CHARTER AND CONFIRMATION
The Operator shall make available to the Customer the Aircraft as specified in the Flight Brief. The Customer shall take the chartered Aircraft from the Operator under the Terms and Conditions of this agreement and the Operator’s Terms (including any Special Conditions that have been brought to the Customer by the Operator during the WACS Quotation process).
3.1 A Customer may use the WACS Platform to (a) submit an Aircraft charter request for an on-demand charter, (b) express interest in a group charter, or (c) express interest in an Empty Leg Charter. WACS shall use its reasonable endeavors to offer a Charter Price accordingly.
3.2 Upon receiving a charter request WACS will present a quote to the Customer with a price for the Aircraft available to perform the Itinerary. The following terms apply to the WACS quote:
- No commercial obligation arises from a quote.
- Quote prices and Aircraft are subject to Aircraft availability.
- Pictures used in the quote are for illustration purposes.
- Quotations are valid for 24 hours unless other is specified in the quote. Once the quotation validity expires, WACS reserves the right to update the price.
- Until the booking is confirmed, prices are subjected to change.
3.3 Subject to the continued availability of the Aircraft, upon acceptance of the Charter Price, WACS shall issue the Customer with a Booking Confirmation.
3.4 Payment of the entire Charter Price must be completed no later than 30 days before the start of the Itinerary. If the balance is not received within this timeframe, WACS may, at its absolute discretion, cancel the Itinerary and refund the deposit received. The refund is subject to a 20% (twenty percent) penalty of the total Charter Price and any applicable cancellation fees due to the Operator under their Terms.
3.5 Customers understand and consent that the execution of an Empty Leg Charter is not guaranteed and is subject to the primary Charter being conducted. If the primary Charter is canceled, the Empty Leg Charter will also be terminated. In such cases, WACS will make every effort to promptly notify the Customer of the cancellation. The Customer will be eligible for a full refund of all payments made for the Itinerary.
3.6 A Flight booking and an Itinerary are based on internationally recognized ICAO (4 letters) and IATA (3 letters) airport codes and not by airport names or city names (maybe specified additionally).
4 – CHARTER PRICE AND PAYMENT
4.1 WACS provides a payment gateway on its platforms for customers to make payments for its services. The Charter Price should be paid by customers to WACS at the specified time, in the specified amount, currency, and to the address mentioned in the Terms and Conditions and Invoice.
4.2 WACS accepts the following payment methods:
- Bank transfer
4.3 All amounts payable to WACS, including the Charter Price and any Supplementary Invoice, shall be due in full, with any bank transfer fees and exchange charges being for the payer’s account.
4.4 The Charter Price is based on aviation fuel costs calculated on the booking date. Suppose, for any reason, there shall be any increase in the cost of aviation fuel between the date of booking and the date of operation of the Flight. If the Operator requires it, the Customer must pay WACS the necessary amount to fully compensate the Operator for any cost increases.
4.5 The Charter Price, as indicated on the invoice, is agreed upon in a specific currency. However, at WACS’s sole discretion and upon the Customer’s request, the price may be settled in US Dollars, Euros, GBP, or UAE Dirham. If the Customer requests a different currency, a new invoice will be issued, and the Charter Price will be converted using the WACS Exchange Rate on the invoice’s date of issue. If immediate payment is not received, WACS reserves the right to recalculate the conversion of the Charter Price based on the date of payment and issue revised and/or additional invoices for any outstanding amounts. All invoices will indicate the “Charter Price” for the itinerary and are subject to the same Terms and Conditions.
4.6 The Customer cannot withhold payment of any sums due under or because of this Itinerary, whether related to a Flight Itinerary or any other carriage, by using set-off or counterclaim.
4.7 Upon demand, the Customer is responsible for reimbursing the Operator for any de-icing costs incurred during the performance of the Itinerary. WACS will place a credit card hold for the approximate cost of de-icing and inform the Customer of the amount before the Flight. The hold will be released upon fully settling the outstanding invoice related to the Itinerary under these Terms and Conditions. If the Customer fails to make the settlement, WACS may request payment of the hold amount from the Customer's credit card. If a credit card hold is not used and de-icing is required, WACS will charge the de-icing amount to the Customer, who has to pay the invoice upon receiving it.
4.8 If the Customer requests a change to the route or any other significant change (for example, a Flight time change, a Passenger manifest change, a change of an airport, or additional Flight requirements) in respect of one or more itineraries being undertaken by the Operator under a Flight booking and such requests are accommodated by the Operator (which shall be at the Operators’ sole discretion), WACS will issue an amended or replacement Flight Confirmation, and the Customer will pay on demand any additional costs set out therein.
4.9 Unless agreed in advance of the Flight, Wi-Fi charges are not included in the Charter Price. If the Customer uses Wi-Fi that was not included in the Itinerary, any charges by the Operator will be reissued to to the Customer and must be paid upon receipt of the invoice.
5 – CHARTER FLIGHT CANCELLATIONS AND REFUNDS
In case of cancellation of all or part of the Itinerary, the Customer shall pay the following cancellation charges, depending on the time the cancellation occurs:
- Upon confirmation: 20% of Charter Flight Cost.
- 50% of the Charter Flight Cost 96-72 hours before the departure time
- 75% of the Charter Flight Cost 71-24 hours before the departure time
- 100% of the Charter Flight Cost Less than 24 hours before the departure time
Customers are not entitled to any refund (partial or otherwise) from WACS if the cancellation pertains to the remaining segments of the itinerary after a part of it has already been performed.
6 – FLIGHT OPERATION, TRAVEL DOCUMENTS, AND BOARDING
6.1 It is the Customer's sole responsibility to ensure that their passengers and their luggage reach the check-in point at the departure airport on time to comply with the Operator's Terms and be allowed on the Flight. This includes following rules regarding luggage restrictions, pet transportation, and on-board behavior. If a passenger fails to arrive on time, neither the Operator nor WACS will be liable to the Customer or the passenger, and they will not be required to make alternative arrangements.
6.2 Customers shall provide WACS with all necessary information and assistance, including confirmation of the identity of all Passengers within any time frame as may be stipulated by WACS so that Operator can issue traffic documents as necessary or finalize arrangements for the performance of the Itinerary.
6.3 Customers and Passengers are responsible for obtaining all necessary travel documents and visas (including pet passports if relevant) and complying with all lawful regulations, laws, orders, demands, instructions, and travel requirements related to customs, police, public health, immigration, and other applicable regulations in countries of departure, arrival, or transit. All travel documents (including pet passports if relevant) should be presented with sufficient time to complete departure procedures. WACS will not be held liable for any failure of a Customer or Passenger to comply with this clause or for any resulting consequences. If a Customer is late for boarding, they may be subject to late departure fees, and if they are more than thirty (30) minutes late and the Operator can no longer service the Itinerary, they will not be entitled to a refund.
6.4 In the event of a delay (other than the delay for technical reasons that is the responsibility of the Operator) deviation or diversion of the Flight, the Customer shall be solely responsible for any cost for accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Customer’s Passengers wherever and however the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Operator shall be reimbursed by the Customer to the Operator’s demand.
6.5 Where an Operator makes WACS aware of changes to an Itinerary (including the departure time(s)), WACS shall endeavor to communicate such changes to the Main Customer indicated in the Booking Confirmation.
6.6 If any Passenger of the Customer is prohibited entry at any destination airport, the Customer shall indemnify and keep indemnified WACS or the Operator, in respect of that refusal (including but not limited to charges, fees, penalties, imposts, or other expenses levied upon the Operator or WACS by any immigration authority) and, also, all cost or expense incurred by the Operator for any arrangements made by the Operator to return such Passengers to the country from which such Passenger was originally carried.
6.7 Customers shall always ensure that WACS has been provided with their updated contact details, including but not limited to telephone numbers (landline and mobile) and an active e-mail address. WACS shall have no liability whatsoever for any losses sustained by a Customer due to WACS’s inability to contact them using their disclosed contact details.
6.8 The execution of the Itinerary depends on Flight operability. Events such as (but not limited to) current weather conditions, airport opening hours, air traffic control, slots, Aircraft defect, overflight, and landing permissions might interfere with the operation of the Flight. In case any of the mentioned circumstances force the Itinerary to be canceled or the Aircraft to be diverted to an alternative airport, be forced to return to the airport of departure, or suffer a technical failure, WACS shall use its reasonable endeavors to provide assistance in sourcing alternative means of transport for the completion of the Itinerary, whether from the original Operator or an alternative Operator/transport provider. In arranging any such alternative transport with an alternative Operator/transport provider, WACS acts solely as the Customer's broker, with such transport being subject to the Terms and Conditions of the relevant Operator/transport provider. Unless otherwise agreed by WACS, the cost of any such alternative transport shall be for the account of the Customer indicated in the original Booking Confirmation.
A- In case of delays resulting from weather, WACS shall inform the Customer of the potential new departure time and date for the safe performance of the Itinerary.
B- In the event of unforeseeable Maintenance ("AOG"), the Charter Operator and WACS will try to find a solution internally and send another aircraft as a replacement. However, suppose no other aircraft is available or economically feasible to operate an AOG replacement. In that case, the Charter Operator and WACS will do their best to organize a sub-charter aircraft from a third-party operator from the open market. If the substitution involves additional cost, the such additional cost shall be notified to the Client, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage.
C- In case of service disruption (such as but not limited to adverse weather conditions, change or cancellation of slots, traffic control disruption, airport operational time restrictions) that incur any part of the Itinerary not being able to be executed as described or on time, the Charter Operator and WACS will do its best to organize an alternative transportation to deliver the Client to the final destination. If the substitution involves additional cost, the such additional cost shall be notified to the Client, who shall be entitled to either accept the extra cost or decline the offer of alternative carriage. If the Client does not accept an alternative carriage that delivers the Client to the final destination and does not involve additional cost to the Client, the Charter Operator and WACS are entitled to consider the segment as executed, and no refund rights arise to the Client.
6.9 Customer acknowledges and agrees that the captain of the relevant Aircraft is entitled to take all necessary safety precautions at any time, including but not limited to the full authority to make decisions regarding payload (Passengers, luggage, and cargo), planned route, Flight timings, the sufficiency of weather conditions for the safe Flight and ultimate landing destination.
7 – EXCLUSION OF LIABILITY/INDEMNITY
7.1 WACS and its associated parties, including investors, shareholders, officers, directors, affiliates, agents, attorneys, and third-party service providers, as well as their employees (collectively referred to as “indemnitees”), will not be liable for any injury, death, loss, claim, damage, accident, delay, or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based on contract, tort, or otherwise, except as provided in these Terms and Conditions and to the extent permitted by law. This limitation applies to any arising out or in connection with the use of WACS’s services by the charterer, including air travel or other services booked through WACS, but is not limited to the situations:
- Any errors or delays in response to the Customer’s request.
- Aircraft and equipment breakdown, or any hardware or software malfunction.
- The performance, partial performance, non-performance or delayed performance of (a) the Itinerary by an Operator or any alternative transport arranged by WACS, including any accident or incident during the course of carriage.
- Any act, neglect, default, omission, or negligence of the carrier, any alternative transport provider, or any of their respective employees or agents.
7.2 The Customer expressly agrees that their sole recourse of claims arising out of the performance of the Itinerary, or any part thereof (including delayed, partial, or non-performance) shall be against the Operator.
7.3 If, notwithstanding the provision of this clause 7.1, the indemnitees have any liability to a Customer, such liability shall (to the extent permitted by law) not exceed an amount equivalent to the Charter Price.
7.4 WACS shall be under no liability to the Customer for any failure by its Operator to perform its obligations under an Itinerary arising from force majeure, labor disputes, pandemic, or strikes of any kind (including those of Operator’s personnel), lock-outs, technical or weather conditions, or any other cause beyond the control of the Operator including accidents or failure of the Aircraft or any Aircraft part.
7.5 The indemnities contained in these Terms and Conditions shall survive the termination of any Itinerary or Agreement.
7.6 The Customer shall indemnify the Operator or WACS against any claims by any Passenger of the Customer arising out of the termination of an Itinerary.
8 – GENERAL TERMS
8.1 No party has relied on any warranty or expressions of any other party except as expressly stated or referred to in an Itinerary. No Party has relied upon expressions made to it by another Party, whether written or oral, except as is expressly indicated in these Terms and Conditions.
8.2 Customers shall not be entitled to assign their benefits under these Terms and Conditions.
8.3 The timely fulfillment of the Customer’s obligations under these Terms and Conditions is crucial.
8.4 WACS may at any time amend these Terms and Conditions at its absolute discretion. Existing bookings shall remain subject to the Terms and Conditions in force at the time of booking.
8.5 The Charter Price, payment terms, and other commercial terms included in the Booking Confirmation are confidential to the Parties and may not be disclosed to third parties without WACS’s prior approval.
9 – SPECIAL TERMS FOR SHARED FLIGHTS
These terms are applicable for Shared Flights. All topics not covered here are governed by the rules applicable in the other articles of WACS Terms and Conditions.
9.1 Ticketing and Booking
A- Booking a seat on WACS Flights can only be made via the WACS Platform or WACS Flight Management Service.
B- The main Client must be at least 18 years old at the date of the Booking.
C- The Main Client must be a passenger part of the group traveling on the itinerary purchased.
D- Clients considered minors (every Passenger under 18 years old by the time of the Flight) can only fly with power of attorney. Unaccompanied minors under 7 years are not accepted on our shared flights.
E- Accompanied Passengers must be at least two months old on the Flight date.
F- All passengers on board must have a seat. Children cannot travel on their parent’s lap.
G- Passengers are responsible for obtaining all required travel documents and visas and complying with all laws, regulations, orders, and travel requirements of countries to be flown from, into, or through.
H- Passengers must present the required documents for the trip before departure and permit the Operator to take and retain copies.
9.2 Fares
A- WACS reserves the right to modify the Flight fares at any time prior to receiving the payment for such Flight.
B- WACS reserves the right to offer different fares for the same Flight.
C- The fares apply to passengers of all ages. Special fares (such as discount fares for children) are not available.
D- Fares include all applicable taxes, fees, and other charges imposed by any government or other authority.
9.3 Payment
A- Shared Flights and additional services to shared Flights are paid with Bank transfer via the WACS Platform.
B- If not different stated on the booking page, flights are paid in Euros.
9.4 Luggage Policy and Pets
A- The Luggage Policy is announced per Flight. When not stated, the standard luggage limit is 20 kg plus one small piece of handbag luggage. Additional baggage requires Operator’s pre-approval.
B- Overhead storage is not available, and on-aircraft storage is limited. If hand luggage cannot be properly stored, is of excessive weight, or is considered unsafe for any reason, it will be checked on the cargo hold.
C- Neither WACS nor its Operators assume liability for lost, damaged, or delayed luggage.
D- Each Passenger is solely responsible for packing their luggage so the contents cannot be damaged. The Passenger is liable for any damage caused to the plane’s equipment or another passenger’s luggage caused by such passenger’s baggage or its contents.
E- PETs are not allowed on WACS Shared Flights. Unauthorized transportation of pets will result in Passenger being removed from the flight, forfeiting all reservation fees.
9.5 Seating Options
A- If not stated otherwise on the Customer booking confirmation, on all Flights, the Operator reserves the right to assign specific seats to Passengers.
9.6 Boarding
A- Customers must arrive twenty (20) minutes prior to their scheduled departure time.
B- Flights may depart up to 60 (sixty) minutes after their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews, and pilot duty times.
C- Neither WACS nor the Operators have an obligation to wait for late Passengers. Refunds are not issued for missed Flights.
D- If a Passenger does not board the departing flight booked on their Itinerary, WACS will cancel the return or onward reservations, and no refunds will be issued.
9.7 Refusal to Transport
Operators may refuse to transport or remove a Passenger from an Aircraft for any reason, including, but not limited to:
- Failure to comply with these Terms and Conditions or Operator’s instruction in general.
- Appearance by the Passenger that they are intoxicated or under the influence of alcohol or drugs.
- Disorderly, disruptive, abusive, threatening, or conduct.
- The appearance that a Passenger is engaged in illegal activity.
- Unauthorized photography on Flights.
Refunds for Flights terminated under this Section will be determined on a case-by-case basis. If a refund is granted, such the refund shall be Customer’s sole recourse against WACS.
If the Operator is required to pay any fine or penalty or to incur any expenditure by reason of the passenger fails to comply with laws, regulations, orders, or travel requirements of the countries concerned or to produce the required documents, the passenger will reimburse the Operator on demand, any amount so paid or expenditure so incurred.
9.8 Changes, Cancellations and Refunds
A- Until 10 days before departure, passengers are allowed to change their bookings to any other flight (limited to the ones available on the WACS platform), paying 5% of the price, unless the operator's penalties amount to a large amount.
Suppose the fare available on the newly chosen flight is lower than the original fare paid by the passenger. In that case, the passenger will receive the difference in the form of a flight voucher, valid for 12 months, to be used exclusively at WACS minus a transaction fee.
Vouchers are not exchangeable for money.
B- If the Customer or Customer’s Passenger decides not to proceed with the trip until 30 days before departure, the Customer is entitled to a full refund, minus 10% and the transaction fee.
C- If not stated otherwise, all tickets are not transferable and exchangeable.
D- Ticket price is fully refundable in the case of flight cancellation by WACS or the Operator.
E- Refunds are processed within 72 hours after the Cancellation of a flight is announced by WACS. This time does not cover the time it might take for the Customer’s bank or credit card provider to process the refund. WACS is not liable for any delays caused by the Customer’s bank or credit card provider.
F- Refunds are processed in Euros. WACS is not liable for any cost that the customer bank (or credit card) might incur or charge for processing the transaction.
9.9 Shared Flights Proposed By Clients
A- The fees paid for initiating a shared flight are non-refundable.
B- Proposed Shared Flights need to have a departure date scheduled at least 10 days from the day they are proposed.
C- The flight is considered as proposed only after the initiation fee has been paid.
D- WACS shall not be liable for any compensation to the Client that proposed a flight in case the proposed flight is not activated.
9.10 Shared Charter
A- Shared Charter’s unused seats are put for sale exclusively via WACS.
B- The sales of the available seats are closed 24 hours before the departure.
C- The Client initiating a Shared Charter will receive the cost of each seat sold via WACS (minus WACS commission) as flight credits or money.
D- Flight credits are processed in Euros.
E- Refunds and flight credits are limited to the seat cost (minus WACS commission), regardless of the final price at which the seat had been sold.
F- Refunds are awarded to the Сlient after the flight is concluded.
G- WACS shall not be liable for any compensation to the Client purchasing a Shared Charter in case the seats offered for sale are not sold.
10 – LAW AND JURISDICTION
10.1 These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed under the laws of Cyprus.
10.2 The courts of Cyprus shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Terms and Conditions, provided that WACS shall be entitled to take proceedings relating to these Terms and Conditions in any other jurisdiction. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction in Limassol, Cyprus.
11 – RIGHT TO MODIFY THESE TERMS AND CONDITIONS
11.1 WACS reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically.
11.2- Your continued use of the WACS Platforms after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
11.3 Customers that do not accept the terms described in these policies are not allowed to use the WACS platform and WACS services.
TERMS AND CONDITIONS LAST UPDATED: 15/04/2023
We suggest you check this page for updates, as we will update this policy occasionally.