In accordance with Article 45. of the Articles of Association of P.C. „Sarajevo“ International Airport LLC. of PC Sarajevo International Airport LCC Sarajevo, its Management at 130 meeting held on 17 April 2023 adopted General conditions of use infrastructure and limitation of liability
GENERAL CONDITIONS OF USE AND LIMITATION OF LIABILITY
- These are the terms and conditions under which is limited liability for damage of PC Sarajevo International Airport LCC acting as airport provider and ground handler at Sarajevo International Airport
- These Conditions take effect from the date of their announcement at the Sarajevo International Airport web page. We may change, replace or waive
any of these Conditions provided that we have informed you before we change or
replace any conditions.
- PC Sarajevo International Airport LCC is an airport operator and provider of ground handling services
- If carrier use our Facilities and Services in any way (including taking off and landing) you agree to be bound by these Conditions. A copy of these Conditions is made available on our website.
- Applicable instrument for limitation of liability of airport operator/ground handling provider are these conditions of use and Article 8. of Main Agreement of Standard Ground Handling Agreement of 2008.
- In case of any discrepancy between General Conditions of use airport infrastructure, Article 8. of Main Agreement of Standard Ground Handling Agreement of 2008, this General Conditions of use airport infrastructure shall prevail.
Using our Facilities and Services
- When using our Facilities and Services at the Sarajevo International Airport, carrier is obliged to comply with all Bosnia and Herzegovina Legislation including but not limited to:
these Conditions;
all payment requirements;
other conditions, instructions, orders and directions necessary for the day-to-day operation of the Airport;
Operational Issues
- Neither the Airport Company, nor handling Compan shall be liable for any failure to provide any service, assistance or facilities where such failure results from events or circumstances beyond the Airport operator/Ground handler reasonable control or from operational requirements of, or incidents affecting, the Airport (such as operational requirements or incidents relating to safety and security, Airport development and growth, infrastructure outages, repairs and maintenance.
LIABILITY AND INDEMNITY
Limits of Liability – Liability cap The limit of liability referred to in Sub –Article 8.5 of the Main Agreement shall be as follows: Aircraft type Limit (per incident) Wide body USD 1.000.000 Narrow body USD 750.000 Other jet propelled aircraft & turboprops USD 500.000 provided that physical loss of or damage to aircraft caused by negligent act or omission of Handling company/Airport operator is limited under the terms in article 9.1.of General Conditions of use of airport infrastructure. 9.2. Except as stated in article 9.1. of General Conditions of use of airport infrastructure, neither the Airport Operator, the Handling company nor its respective employees, officers or agents shall be not liable for the loss, suffered by the Carrier in case of the loss or damage to the aircraft, its parts or accessories or any other property contained in the aircraft or death or bodily injuries of passengers occurring while the aircraft is at the airport or is in the course of landing or taking-off at the airport, arising or resulting directly or indirectly from any act or omission, or default on the part of the Airport Operator, Handling Company, its employees, officers or agents, and unless damage is done with the intent to cause damage, or with gross negligence with knowledge that the damage would probably occur. The burden of proof to prove the intent to cause damage or gross negligence is on the carrier /claimant. 9.3. Airport operator or Handling Company or its respective employees, officers or agents are exclusively liable for direct damages in respect of damage (baggage, cargo), delay (passengers, baggage, cargo), caused by the operation of carriers arising from act or omission of Airport Operator/Handling company, irrespective of degree of fault of Airport operator or Handling Company and shall not be liable for indirect damages and/or loss of profit of the Carrier
Indirect damages
Neither Party nor its employees, servants, agents shall have any liability to the other Party nor shall be obliged to indemnify the other Party in respect of:
- indirect loss;
- consequential losses;
- loss of profits;
- loss of revenue;
- loss of goodwill;
- loss of opportunity;
- loss of business;
- increased costs or expenses;
- wasted expenditure;
or any other injury, loss, damage, claim, cost or expense caused (or to the extent caused) by any act, omission, neglect or default of its employees, servants, agents even if such loss was reasonably foreseeable or a Party had been advised of the possibility of the other Party incurring the loss.
Regulation 261/2004
Neither the Handling Company nor the Airport Company, shall be liable for any consequential loss or damages (including loss of goodwill and loss of profits or revenue) of the Carrier, nor they shall be liable for any claims relating to delays to or cancellations of aircraft departures or arrivals (including as a result of claims by passengers under the Regulation 261/2004).
Authorization to contract
Each party warrants that it has the right to enter into this Agreement and that execution of this Agreement has been approved by authorized representative(s) of each party.
Law on Obligations and Court Jurisdiction
The provisions of the Law on Obligations shall apply to any issue not covered under this Coditions of use
In case of a dispute, the airport operator/ground handler and carrier shall try to solve it amicably. Otherwise, the dispute shall be resolved before the competent court in Sarajevo
AIRPORT DIRECTOR
ALAN BAJIĆ