General Terms and Conditions

1.General

Upon purchasing a seat on a Sky Nine flight, a binding contract is established with specific rights and obligations for both parties. The trip details, including price, dates, origin, destination, and other conditions, are specified in the booking confirmation and incorporated by reference.

1.1.    Minimum tickets:

Shared Charter Flights require a minimum number of ticket sales. Flight confirmation occurs upon reaching the required ticket threshold. You acknowledge this is a private charter operation with inherent risks different from commercial flights, and we cannot guarantee precise timing or departure. If the minimum ticket numbers are not met, Sky Nine may cancel or postpone the Flight, with notification provided no later than 4 weeks before departure. In such cases, we offer a refund of the ticket price (excluding transaction surcharges) or re-accommodation to a postponed flight date.

2.         Reservations & Payments

2.1.    Making a Booking: Bookings are made directly with Sky Nine and once your payment has been accepted, and Sky Nine has confirmed your reservation was successful, you have a confirmed reservation. If there are any issues with payment or travel details, you will be notified to advise the next steps.

2.2.    Booking Inclusions: The Booking Confirmation is for Flight only. The ticket price excludes all other costs incurred to the Passenger, including but not limited to Pet import/export and quarantine fees where applicable. Unless other inclusions are clearly stated.

2.3.    Seating Allocation: While we attempt to accommodate seat preferences, we do not guarantee specific seat assignments. Seat changes may occur at any time, including post-boarding, for operational, safety, or security reasons.

3.         Air Transportation

Sky Nine flights are operated by Silver Air, or a similarly situated air carrier, using Embraer Legacy 650, Gulfstream G650, Gulfstream G-IV, Embraer Lineage 1000 or similar aircraft. The air carrier supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation.  Sky Nine and Air Carrier reserve the right to substitute another duly licensed carrier and/or to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes.  Additionally, and subject to the provisions of this contract governing “Major Changes”. Tickets issued or procured by Sky Nine are neither endorsable to other carriers nor usable on other routes of the same carrier.  Flight dates and times are not guaranteed.

4.         Check-In Information

Please refer to your itinerary for check-in information.  Passengers must present themselves for check-in at least sixty (60) minutes prior to scheduled departure time.  If passengers are not present at the boarding area at least thirty (30) minutes prior to scheduled departure, you will be considered a “no-show”. In such event, neither Sky Nine nor Air Carrier shall be responsible or liable for your transportation and no refund will be offered.  Please refer to Section 5 below for additional information on no-shows.

5.         Cancellations by Sky Nine, Price Terms and Major Changes

Sky Nine reserves the right to cancel a trip for any reason, provided Sky Nine notifies you in writing within seven (7) days after the cancellation occurs but no later than ten (10) days before the scheduled departure date. A full refund will be made within twenty-eight (28) days after such cancellation. 

SKY NINE WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.  If such a circumstance occurs, Sky Nine will notify you as soon as possible; and if the trip is cancelled, Sky Nine will refund all monies within fourteen (14) days.  IF SKY NINE MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION.

Only the following constitute “major changes:”

(i) a change in the departure or return date by more than 48 hours unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a “major change;”

(ii) a change in the origin or destination city;

If a “major change” occurs, Sky Nine will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure.  If Sky Nine first knows of the “major change” less than ten (10) days before departure, SKY NINE will notify you as soon as possible.

6.         Passenger Cancellations, Itinerary Changes and Refunds

IF YOU CANCEL OR CHANGE A CONFIRMED RESERVATION, OR IF YOU “NO SHOW” FOR A FLIGHT, YOUR RIGHT TO A REFUND IS LIMITED AS FOLLOWS:  All confirmed reservations are non-refundable.  If you cancel or change your reservation, no refund will be due.  If you “no show” for a flight, we will consider that a passenger cancellation; and no refund will be due.  Any refund, if applicable, will be made within fourteen (14) days after the date of cancellation.

7.         Baggage Allowance and Liability

Checked baggage allowance is 30kg per paying passenger for all trips.  Each passenger also may carry one carry-on bag and one personal item in the aircraft cabin.

TSA requires that passengers are allowed to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with your carry-on bag.  These are limited to 3.4 ounces or less per container.  Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and possible additional charges.  Sky Nine and Air Carrier neither assume nor accept liability for lost, delayed, or damaged bags, except as provided in the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage and as provided by applicable law or international treaty.

8.         Responsibility

Sky Nine is the principal and is responsible for making arrangements to provide the services included in the trip.  In all cases, transportation is subject to all the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket for conditions of carriage and notice of incorporated terms, and inquire of the airline for additional details.  Airlines and other travel suppliers are not agents or employees of Sky Nine but are independent contractors over whom SKY NINE has no control.  Accordingly, you hereby agree that, except as otherwise provided herein, SKY NINE is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury, or death to you, or any animal you transport on a flight, that results directly or indirectly from (a) an act or omission of any air carrier or other travel supplier, or (b) any other cause or act, of whatsoever nature, beyond the direct and immediate control of SKY NINE.  You are responsible for any damage to the aircraft caused by you or any animal you transport on a flight, and you shall indemnify and hold harmless SKY NINE from any such damage.  Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of SKY NINE, SKY NINE’s sole liability shall be to refund to you that portion of the price allocable to the services not provided.  Any deviation from the trip that you initiate is solely your responsibility.

Sky Nine shall not be liable for any damage, loss, expense, or other irregularity caused by the defect of any vehicle or conveyance, or the acts, omissions, or negligence of any air carrier or other third-party engaged in conveying the participant or carrying out the arrangements for any trip.

9.         Identification and Travel Documents

YOU MUST PRESENT GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST.  FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING.  PLEASE BE SURE TO HAVE SUCH IDENTIFICATION AND ALL REQUIRED TRAVEL DOCUMENTS READY WHEN YOU CHECK IN.  You are responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate, and any other documents as required) and for complying with the laws of each country from, through, or to which you receive transportation.  You agree to indemnify SKY NINE for any loss, damage, or expense suffered or incurred by reason of your failure to comply with this Section 9.

10.   Delays and Force Majeure

Sky Nine shall have no liability or responsibility for any failure or delay in the performance of its obligations under this agreement due directly or indirectly to Force Majeure.  A Force Majeure means other than the lack of the availability of adequate financial resources, any events, circumstances or causes beyond the party’s reasonable control including but not limited to the following: acts of God, flood, earthquake, windstorm or other natural disaster; quarantine, epidemic or pandemic, Crew sickness; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, fuel or gas; non-performance by suppliers or subcontractors; and any labour or trade dispute, strikes, industrial action or lockouts. If a flight cannot be performed or completed due to a Force Majeure event, the SKY NINE sole obligation will be to refund to you any amount of money paid in connection with a cancelled flight. Notwithstanding the foregoing, SKY NINE WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.

11.   Notices

All communication should be sent to Sky Nine at the address shown in Paragraph 1 above, or  fly@skynine.ae.  Notices to Sky Nine are effective upon actual receipt by Sky Nine.

12.   Applicable Law

This contract is governed by and shall be construed under the laws of the United Arab Emirates.

13.   Miscellaneous

Sky Nine reserves the right to amend this contract without notice to the passenger so long as such amendment is in compliance with applicable governmental regulations or waivers thereof.  THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES.  PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES SHALL SKY NINE BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) INCLUDING LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.

14.   Liability

14.1.                              To the maximum extent permitted by law, We exclude any and all liability for any losses of whatsoever nature that may arise in connection with this Charter Flight, and future intended Flights, and by agreeing to these Terms and Conditions, You hereby release Us from any such liability.

14.2.                              If a law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law, any liability for a breach of the guarantee or warranty will be limited to either supply of the goods or services again, or payment of the cost of having the same goods and service supplied again, as determined by Us.

14.3.                              Further, in the event You breach these Terms and Conditions, We will not be liable for any losses whatsoever and You agree to indemnify Us for any losses whatsoever that We may suffer as a result of Your breach of these Terms and Conditions.

15.   Insurance

Trip cancellation, health, and accident insurance is available for purchase by all passengers from third-party vendors.

16.   Operational Control

The air carrier shall be responsible for the operation of the aircraft and the safe performance of each flight and shall retain full operational control and possession of the aircraft to enable it to do so. The captain of the aircraft has absolute discretion as to when and whether any flight should be undertaken and when and whether the aircraft should be landed and whether or not he or she refuses to transport any passenger, baggage, animal or cargo. The passenger agrees to accept all decisions made by the captain and hereby shall waives all claims against the operator, Sky Nine and their respective servants and agents for any loss, damage or costs of any nature and in any way that arise, whether in contract or tort or otherwise as a result of such decision, except that Sky Nine’s sole liability shall be to refund to you that portion of the price allocable to the services not provided.

In the event that you are refused entry at any arrival airport, you shall indemnify and keep indemnified the Sky Nine, against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) incurred by the Sky Nine in respect of any arrangements made by the air carrier and/or the Sky Nine to return you to the country from which were originally carried.

Neither party may assign this contract without the express written consent of the other party.

Participant hereby represents, warrants, and agrees that: (i) Participant is not a sanctioned individual, Designated Party, or otherwise the subject or target of any economic, export, or trade sanction law, or regulation or travel ban, or is or could be designated as a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker, or any other similar designation that would prohibit Participant from transacting with Sky Nine under applicable law; (ii) Participant will promptly notify Sky Nine in writing should it know, or have reason to know, of any change or potential change in status under this provision; (iii) funds paid to Sky Nine by Participant are not derived from illegal acts; and (iv) Sky Nine may be required by law to block, freeze, and/or remit funds, which it will do without liability to Participant.

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