Airline Start-Up Information

Airline Startup Information Pack Abu Dhabi & Al Ain International Airports

Date: Feb 2012 Version: 2012/01

Airline Startup Information Pack AUH/AAN FOREWORD _______________________________ _______________________________________________ _______________________________ _______________________________ ________________________________ _______________________________ __________________________ ___________

This start-up information pack will provide the operator with a range of useful information that will assist in facilitating a smooth implementation of services at Abu Dhabi and Al Ain International International Airports. Airports. A dedicated ADAC Airline Marketing team will serve as the main point of contact for the operator and all various internal and external key stakeholders involved in facilitating the start of services at ADAC’s airports. The Route Development Officer will work closely with the operator with all facilitation issues and will assist the operator in ensuring that all operational and regulatory requirements are met. Furthermore, each operator will be assigned a dedicated Airline Account Manager that will look after the operator throughout its operations. This dedicated team will also ensure that the operator is introduced to the correct contacts within ADAC Operations, Scheduling & Capacity Planning, Safety & Security, Marketing, Communications, Ground Handling, Catering, Hospitality, The Department of Transport, The General Civil Aviation Authority, Abu Dhabi Tourism Authority, Travel & Tourism Agencies, and Hotel operators as required.

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Airline Startup Information Pack AUH/AAN TABL E OF CONTENTS CONTENTS _______________________________ _______________________________________________ _______________________________ _______________________________ ________________________________ _______________________________ __________________________ ___________

Table of Contents

Section I I II III

Page

– Requirements for New Airline Startups at Abu Dhabi International Airport – Emergency Procedures – Key Airport Contacts – Regulatory Agencies Contacts

4 9 14 19

Appendices: I II III IV

– GCAA Information Bulletin 06-2010 – GCAA Application for a Foreign Operator Permit – ADAC Conditions of Use: Abu Dhabi International Airport – ADAC Conditions of Use: Al Ain International Airport

20 25 41 60

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Airline Startup Information Pack AUH/AAN SECTION I _______________________________ _______________________________________________ _______________________________ _______________________________ ________________________________ _______________________________ __________________________ ___________

Requirements for New Airline Startups at Abu Dhabi & Al Ain International Airports

ADAC Airline Marketing wi ll serve as the key point of contact f or facilitating all th e below requirements for the operator’s startup and will ensure the smoothest possible implementation of the following procedures:

1) Department Department of Transport (DOT) (DOT) Requirements: Requirements:

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The operator operator should advise ADAC of its status under the Bilateral Air Rights Agreement with the UAE. As such, the operator will be required required to submit to ADAC a designation letter. letter.

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In the event that the operator operator is not designated designated under the Air Air Service Service Agreement, Agreement, the operator must apply for a Temporary Operating Permit (TOP) with the DOT.

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All foreign operators must receive DOT approval prior to operating any flights to Abu Dhabi and/or Al Ain Ain International Airports.

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On behalf of the the operator, operator, ADAC will facilitate all necessary requirements with the DOT in order to obtain the necessary n ecessary approvals.

2) General General Civil Aviation Author Author ity (GCAA) (GCAA) Requir Requir ements:

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The operator must submit insurance documents that conform to the minimum requirements stipulated in the GCAA Information Bulletin 06-2010. Please refer to Appendix I – GCAA Information Bulletin 06-2010.

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The operator must also complete the GCAA Flight Operating Permit Questionnaire, and attach to it all the necessary n ecessary certificates mentioned in the document. Please refer to Appendix II – GCAA Flight Operating Permit. Note: The GCAA Flight Operating Permit Questionnaire must be attested by the Operator’s Civil Aviation Authority

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The operator must submit to ADAC the Security Program.

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All foreign operators must receive receive GCAA approval prior to to operating any flights to Abu Dhabi and/or Al Ain Ain International Airports.

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The operator should submit all the above-mentioned documents to ADAC Airline Marketing.

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On behalf of the operator, ADAC will facilitate all necessary requirements with the GCAA in order to obtain the necessary approvals.

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Airline Startup Information Pack AUH/AAN SECTION I ________________________________________________________________________________________________________________________

3) Abu Dhabi Airports Company (ADAC) Requirements :

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The operator must submit in writing to ADAC, a request for approval to start operations at Abu Dhabi International Airport. With this request, the operator’s proposed schedule of flights is to be attached

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An approval letter will be sent from ADAC to the operator, once the schedule has been approved by ADAC’s Slot Coordinator, and all regulatory approvals have been granted

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The operator is required to agree to and sign an ICS Service Agreement prior to the first flight. The operator must establish contact with ADAC ICS and engage in discussions pertaining to all IT-related needs and CUTE connections

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The operator must submit its Emergency Plan to ADAC

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The ADAC Conditions of Use document for Abu Dhabi and/or Al Ain International Airports will be dispatched to the operator. Two copies must be signed and returned back to ADAC prior to the first flight

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For more information on the above, please refer to Appendix III & IV – ADAC Conditions of Use

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Criminal Investigation Department (CID): It is mandatory that all foreign operators with intentions to operate flights to Abu Dhabi and/or Al Ain International Airports to obtain CID approval prior to the first flight. ADAC will facilitate this process on behalf of the operator, and will require the following information: 

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The operator’s intent to start operations at Abu Dhabi and/or Al Ain International Airports The proposed start date of operations The operator’s street & mailing address, including telephone & fax numbers in the home country, and also in the UAE, if applicable A list of employees required to access the airport for operating the flight, including their details (name, title, contact, nationality, and passport numbers) A copy of the agreement/contract between the operator and its respective Abu Dhabi / UAE General Sales Agent (GSA) A copy of the trade license for the operator’s GSA in Abu Dhabi / UAE Note: ADAC will facilitate this process for the operator and will require at least 10 working days in order to obtain the necessary approval.

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Initial Airport Pass Application: 

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An Arabic letter will be required to be submitted by the operator and addressed to the Airport Pass Office requesting for airport passes for all respective staff. Passport copies and details of all staff (name, position, contact, nationality, and passport numbers) required to access the airport for operating the flight must also be submitted to ADAC for airport pass processing. Please ensure that all staff that require airside airport access have a valid UAE Residency Visa sponsored by the airli ne or its respective GSA. It is a mandatory requirement that all airline staff that require airside airport access must have an occupation listed on the UAE Residency Visa that is related to airline operations only (e.g. Station Manager). Any occupations that are not related to airline operations/ground handling (e.g. Sales Manager / Secretary) will not be accepted by the Airport Pass Office and this could jeopardize the issuance of any airside airport pass.

Note: ADAC will facilitate this process for the operator, and will provide an Arabic template that must be placed on a company letterhead and signed by the operator, when required.

4) Operations Requirements:

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ADAC will introduce the operator to the Slot Coordinator for Abu Dhabi International Airport. The operator must submit its proposed schedule of flig hts at Abu Dhabi International Airport, to ADAC’s Slot Coordinator for approval. Please note that slot approval is required for all operations at Abu Dhabi International Airport.

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ADAC will introduce the operator to ADAC’s Land & Property Manager. All terminal / ramp office space requirements are to be agreed upon between the operator and the Land & Property division at ADAC.

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ADAC will introduce the operator to the ADAC ICS Account Manager. All IT / CUTE requirements at Abu Dhabi and/or Al Ain International Airport are to be agreed upon between ADAC and the operator prior to the first flight.

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5) Abu Dhabi Hospit ality Company (ADHC) Requirements:

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ADAC will introduce the operator to the Hospitality Services Manager. All premium lounge requirements are to be agreed upon between the operator and Abu Dhabi Hospitality Company (ADHC). Please refer to Section II – Key Airport Contacts for the appropriate contact details.

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All foreign airlines operating regular services to Abu Dhabi and Al Ain International Airports are offered use of an ADAC-operated lounge product for their passengers. Airlines should contact the ADAC Hospitality Services Manager for details and pricing.

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Should foreign airlines wish to utilize any non-ADAC operated lounge product, they must obtain the agreement of the ADAC Chief Commercial Officer, Mr. Huraiz Almur Bin Huraiz, before making any contact with any third p arty provider at Abu Dhabi and Al Ain International Airports.

6) Abu Dhabi Airport Services (ADAS) Requirements:

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ADAC will introduce the operator to the General Manager at ADAS. The operator must establish contact with ADAS and agree to the services required for the Standard Ground Handling Agreement (SGHA), and on the published rates.

7) Catering Requirements:

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ADAC will introduce the operator to the General Manager of Catering. The operator is to hold discussions with Abu Dhabi Airport Catering and specify on all catering requirements, as necessary.

8) Abu Dhabi Nation al Oil Company (ADNOC) Requir ements:

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ADAC will introduce the operator to the Senior Aviation Sales Manager at ADNOC. The operator may wish to hold discussions with ADNOC for any fuel requirements.

9) Abu Dhabi Aircraft Technologi es (ADAT) Requirements:

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ADAC will introduce the operator to the Commercial Sales Manager at ADAC. The operator may wish to hold discussions with ADAT for any maintenance requirements.

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10) Al Ain Internation al Airpor t Operations

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ADAC Airline Marketing will introduce all operators with intentions to operate flights to Al Ain International Airport to the GM – Al Ain International Airport.

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All start-up requirements will be handled by the GM – Al Ain International Airport, and in close collaboration with ADAC Airline Marketing.

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Emergency Procedures

The following emergency procedures are in effect at Abu Dhabi International Airport, and will serve as a guideline for all operators to follow. For any queries, or additional requirements, please contact the ADAC Emergency Planning Manager (refer to Section II for contact information).

Ai rc raf t Cr ash (On Ai rp or t)

A senior operations representative of the Airline shall proceed directly to the Emergency Operations Centre and report to the Crisis Director. An operations representative shall proceed directly to the RVP and await further instructions from the Incident Commander. The airline concerned shall ensure that copies of passenger, crew and cargo manifest are m ade available at the following locations: -

Mobile Command Post Emergency Operations Centre Survivor Reception Centre Friends & Relatives Reception Centre

Where possible, the airline shall arrange for at least one representative to be dispatched to the following locations: -

Survivor Reception Centre Friends & Relatives Reception Centre Crew Reception Centre

The airline shall be responsible for managing all of the un-injured survivors and friends & relatives, once they have been reunited and/or been given the clearance to exit the airport. The airline shall activate its Crisis Communications Plan (Media Response) and dispatch a representative to the Media Centre in order to deal with the press. The airline shall activate its aircraft recovery/removal plan and is responsible for the expeditious removal of its aircraft from the runway / movement area (if applica ble). The airline may seek assistance from ADAC for aircraft removal/recovery.

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Ai rc raf t Cr ash (Off Ai rp or t – On L and )

A senior operations representative of the Airline shall proceed directly to the Emergency Operations Centre and report to the Crisis Director. An operations representative shall proceed directly to the crash site and report to the Incident Commander. The airline concerned shall ensure that copies of passenger, crew and cargo manifest are m ade available at the following locations: Crash Site Emergency Operations Centre Survivor Reception Centre Friends & Relatives Reception Centre

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The airline shall be responsible for managing all of the un-injured survivors and friends & relatives, once they have been reunited and/or b een given the clearance to exit the airport. The airline shall activate its Crisis Communications Plan (Media Response) and dispatch a representative to the Media Centre in order to d eal with the press.

Ai rc raf t Cras h (Off Ai rp or t – At Sea)

A senior operations representative of the Airline shall proceed directly to the Emergency Operations Centre and report to the Crisis Director. An operations representative shall proceed directly to the crash site and report to the Incident Commander. The airline concerned shall ensure that copies of passenger, crew and cargo manifest are made available at the following locations: -

Crash Site Emergency Operations Centre Survivor Reception Centre Friends & Relatives Reception Centre

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The airline shall be responsible for managing all of the un-injured survivors and friends & relatives, once they have been reunited and/or been given the clearance to exit the airport. The airline shall activate its Crisis Communications Plan (Media Response) and dispatch a representative to the Media Centre in order to deal with the press.

Full Emergency

No action required.

Local Standby

No action required.

Ai rc raf t Gr ou nd Inc id ent

A Senior Operations representation (e.g. Station Manager) shall proceed to the incident site and report to the Incident Commander.

Bomb Warning on Aircraft

A Senior Operations Representative (e.g. Station Manager) shall proceed to the Rendezvous Point and await further instructions from the Incident Commander. The airline shall arrange to have the following lists available to the Incident Commander upon request: -

Passenger Manifest Cargo Manifest Dangerous Good List Crew List

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Unlawful Interference

A senior operations representative of the Airline shall proceed directly to the Emergency Operations Centre and report to the Crisis Director. An operations representative shall proceed directly to the RVP and await further instructions from the Incident Commander. The airline concerned shall ensure that copies of passenger, crew and cargo manifest are m ade available at the following locations: Mobile Command Post Emergency Operations Centre Survivor Reception Centre Friends & Relatives Reception Centre

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The airline shall be responsible for managing all of the un-injured survivors and friends & relatives, once they have been reunited and/or been given the clearance to exit the airport. The airline shall activate its Crisis Communications Plan (Media Response) and dispatch a representative to the Media Centre in order to deal with the press.

Domestic Fires

No action required.

Fires outside the Airport Boundary

No action required.

Medical Response

No action required.

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Public Health Emergencies

No action required. Note: A full copy of the Airport Emergency Plan (AEP) is available upon request.

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Airline Startup Information Pack AUH/AAN SECTION II ________________________________________________________________________________________________________________________

Key Airport Contacts

Main Addr ess: Abu Dhabi Airports Company P.O. Box 94449 Abu Dhabi U.A.E. Fax: +971-2-575-8300

Key Contacts: Airl in e Marketi ng: Mark Povall

Route Development Manager Tel: +971-2-505-3224 Mob: +971-2-512-8563 @: [email protected] Rany Nasser

Traffic Development Manager Tel: +971-2-505-3436 Mob: +971-50-613-0553 @: [email protected] Sarosh Bhatti

Airline Relations Manager Tel: +971-2-505-3392 Mob: +971-50-106-6134 @: [email protected] Tamara Bercebal

Airline Account Manager Tel: +971-2-505-3296 Mob: +971-50-780-5018 @: [email protected]

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Jaber Al Shuaibi

Senior Route Development Officer Tel: +971-2-505-3216 Mob: +971-50-582-2695 @: [email protected]

Slot Management: Basem Barahmeh

Senior Airside Operations Manager Tel: +971-2-505-2430 Mob: +971-50-612-9015 @: [email protected] Zeina Gabriel Askar

Senior Scheduling Officer Mob: +971-50-237-6654 @: [email protected] Scheduling & Slot Approval:

[email protected]

Airl in e Agency Relations : For day-to-day operational matters dealing with the various airport agencies such as police, customs, immigration, and others

Al i Kazo ui ny

Airline Agency Relations Manager Tel: +971-2-505-3410 Mob: +971-50-835-2279 @: [email protected]

ADAC ICS: For all IT / CUTE related operational matters

Ab du lw ahi d A. A mi ri

ICS Account Manager Tel: +971-2-505-3497 Mob: +971-50-950-8395 @: [email protected]

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Land & Property: For all office space requirements

Nazima Al Sulthana

Operations & Revenue Analyst Tel: +971-2-505-5250 Mob: +971-50-318-7564 @: [email protected]

ADAC Duty Managers : 24-Hour Contact

Mob: +971-50-811-8286

ADAS Duty Managers : 24-Hour Contact

Tel: +971-2-575-5455 Mob: +971-50-811-3634

Safety, Securi ty & Environment: Mohamed A. Al Shehhi

Head of Safety, Security, and Environment Tel: +971-2-505-2092 @: [email protected]

Airp or t Secur it y: Jamal S. Al Naqbi

Head of Aviation Security @ : [email protected]

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Airp or t Em ergency: Selwyn James Valentine

Emergency Planning Manager Tel : +971-2-505-3697 Mob : +971-50-456-3328 @ : [email protected]

Navigation Services: Nasser A. Juma

VP Air Navigation Services Tel : +971-2-505-3528 @: [email protected]

Air Traffi c Contro l: Al i Bab akr i

Manager – ATC (SERCO) Tel: +971-2-505-2040 Mob: +971-50-622-4659 @: [email protected]

MET Offi ce: 24-Hour Contact

+971-2-505-2035

Abu Dhabi Air port Servic es (ADAS): For all ground handling requirements

Graham Keddie

General Manager Mob: +971-50-812-5800 @: [email protected] Najeeb Chehade

AGM – Landside Operations and Outstations Tel: +971-2-505-2045 @: [email protected]

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Airline Startup Information Pack AUH/AAN SECTION III ________________________________________________________________________________________________________________________

Kurian Idicula

Contracts & Admin Superintendent Tel: +971-2-505-2551 Mob: +971-50-818-1395 @: [email protected]

Abu Dhabi Hospi tal it y Comp any (ADHC): For all premium lounge requirements

Christiana Kyprianides

Hospitality Services Manager Tel: +971-2-575-7377 Ext. 227 Mob: +971-50-622-7678 @: [email protected]

Catering: For all catering requirements

Paul Haines

General Manager – Catering Tel: +971-2-575-7623 Mob: +971-50-446-0752 @: [email protected]

Abu Dhabi Nati onal Oil Comp any (ADNOC): For all fueling requirements

Mr. Mohamed Majed Al Mansoori

Aviation Division Manager Tel : +971 2 6959800 Dirc : +971 2 6782223 Mob : +971 50 6424372 @: [email protected] Av iat io n Sal es Dep t. Staf f are as fo ll ow s: Mr. Hareb Khamis Al Dhaheri

Aviation Sales Dept. Manager Tel : +971 2 6959810 Mob : +971 50 6225536 Dirc : +971 2 6770469 @: [email protected]

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Mr. Mohamed Ali Al Hosani

Sr. Aviation Sales Manager Tel : +971 2 6959805 Dirc: +971 2 6766424 Mob : +971 50 3298932 +971 50 6215513 @: [email protected]

Mr. Asim Rasheed

Aviation Sales Manager Tel : +971 2 6959807 Mob : +971 50 4100340 @: [email protected] Mr. Naser Hasan Saleh

Aviation Sales Manager Tel : +971 2 6959866 Mob : +971 50 2400904 @: [email protected] All commercial and financial inquires shall only be directed to: @ : [email protected] Fax #: +971 2 6723399 +971 2 6764624 Aviat io n Op erat io ns Dept .: Mr Mohammed Al Ansari

Aviation Ops Dept. Manager Tel : +971 2 5059301 Mob : +971 50 6221860 Fax : +971 2 5757243 @ : [email protected]

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Contact Information for Nominations of Aviation Fuels Ai rpo rt s

Abu Dhabi Int'l Airport

E-Mail

Fax No .

[email protected]

+971-2-5757296 +971-2-6945675

[email protected] Al-Ain Int'l Airport

[email protected]

+971-3-7855313

[email protected] Bateen Int'l Airport

[email protected]

+971-2-4449942

[email protected] Sharjah Int'l Airport

[email protected]

+971-2-5757296

[email protected] Fujairah Int'l Airport

[email protected]

+971-9-2227607

[email protected] Ras Al Khaimah Int'l Airport

[email protected]

+971-7-2448513

[email protected] Al Maktoum Int'l Airport

[email protected]

+971-2-5757296

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Abu Dhabi Air cr aft Techn ol og ies: For all maintenance requirements

Kirub el Tegene

Manager – Commercial Sales Tel: +971-2-505-7226 Fax: +971-2-575-7263 Mob: +971-50-614-6906 @: [email protected]

Regulatory Agencies Contacts General Civil Aviation Aut horit y (GCAA): P.A. Fernando

Airwothiness Inspector – SAFA Program General Civil Aviation Authority P.O. Box 30500 Dubai U.A.E. Tel: +971-4-211-1686 Fax: +971-4-211-1627 Mob: +971-50-661-7029 @: [email protected]

Abu Dhabi Departm ent of Transpor t (DOT): Simon Hutcheson

Director International & Governmental Affairs Department of Transport P.O. Box 20 Abu Dhabi U.A.E. Tel: +971-2-656-6406 Fax: +971-2-635-9615 Mob: +971-50-816-1008 @: [email protected] Ghaleb Solh

Head of International Affairs – Aviation Department of Transport P.O. Box 20 Abu Dhabi U.A.E. Tel: +971-2-695-8412 Fax: +971-2-635-9610 Mob: +971-50-253-7448 @: [email protected]

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Airline Startup Information Pack AUH/AAN APPENDIX I ________________________________________________________________________________________________________________________

Appendix I – GCAA Information Bulletin 06-2010

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Airline Startup Information Pack AUH/AAN APPENDIX II _______________________________ ______________________________________________ _______________________________ ________________________________ _______________________________ _______________________________ ___________________________ ___________

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Airline Startup Information Pack AUH/AAN APPENDIX II _______________________________ ______________________________________________ _______________________________ ________________________________ _______________________________ _______________________________ ___________________________ ___________

Appendix II – GCAA G CAA Application for a Foreign Operator Permit

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Airline Startup Information Pack AUH/AAN APPENDIX III _______________________________ ______________________________________________ _______________________________ ________________________________ _______________________________ _______________________________ ___________________________ ___________

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Airline Startup Information Pack AUH/AAN APPENDIX III ________________________________________________________________________________________________________________________

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Appendix III – ADAC Conditions of Use Abu Dhabi International Airport

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25 November 2007

ABU DHABI INTERNATIONAL AIRPORT CONDITIONS OF USE VERSION 0.02 1 July 2011

25 November 2007

ABU DHAB I INTERNATIONAL AI RPORT (Emir ate of Abu Dhab i) CONDITIONS OF USE

1. 1.1

Definitions ADAC means Abu Dhabi Airports Company PJSC Commercial Registration No. 1004995. AED or Dirham is the lawful currency of t he UAE. Ai rp or t means Abu Dhabi International Airport, Emirate of Abu Dhabi, United Arab Emirates. Ai rp or t Oper atio ns Manual means our manual, required under the General Civil Aviation Authority Civil

Aviation Regulations Issue No.2005-02, about operating aircraft and facilities at t he Airport, as amended from time to time. Ai r Oper ator ’s Certi fi cate means the certificate of that name issued under the applicable civil aviation

legislation of the country in which your operation is based. Ai rp or t Secur it y Prog ram means our program, required under the UAE Civil Aviation Regulations, which

describes issues such as security responsibilities, procedures, contingency plans and standards at the Airport, as amended from time to time. Certificate of Registration means for an aircraft the certificate of registration issued by the General Civil Aviation Authority under the Civil Aviation Regulations. Conditions mean these Conditions of Use for Abu Dhabi International Airport and any Rules and Regulations

relating to the use of Abu Dhabi International Airport published by us. A copy of the Conditions is available on request from us. The Conditions shall take precedence over any other conditions or terms and no servant or agent of us is authorized to agree any variation of these terms except by written agreement signed on behalf of us. EBOR means the United Arab Emirates inter-bank offered rate for three (3) month loans in Dirham prevailing at

11.00 am on the relevant dat e. Embarking Passengers means all passengers on board a departing aircraft. This includes Transit Passengers,

Transfer Passengers, Infants and Positioning Crew, but excludes Operating Crew. facilities and services means our facilities and services as set out in Schedule 7 except to the extent that

those facilities and services are provided to you under a separate contract, lease, licence or other authority f rom us. general aviation means any air service other than a regular public transport operation or RPT and scheduled

cargo operations. infant means a child under two years of age who has not paid to occupy a seat on an aircraft. interest rate means a lesser of four (4) percent per annum above EBOR or if EBOR ceases to exist or to be

published, four (4) percent above such comparable rate of interest as we may determine; or the highest rate of interest then permitted to be charged by law in the UAE. legislation means every federal or local law, decree or ordinance and any rule, order, regulation, notice,

direction, bye-law, permission and plan for the time being made under or deriving validity from any federal or local law, decree or ordinance and any rules, regulations, orders, bye-laws or codes of practices of any local or municipal authority or services supplier or undertaker having jurisdiction at the Airport or in respect of any aircraft using it, or any matter affecting the Airport or any aircraft using it, these Conditions of Use or any of the rights and obligations contained in them which are in force during the term of t his agreement. MTOW means for an aircraft its maximum take-off weight as specified by the manufacturer or as approved by

the General Civil Aviation Authority. Operating Crew means your employees operating as flight or cabin crew on an arriving or departing aircraft. Positioning Crew means your flight and cabin crew, other than Operating Crew, arriving into, or departing

from, the Airport on company duty t ravel for the purpose of positioning for, or returning from, crewing duties. regular public transport operations or RPT means air service operations where, for a fee, the aircraft is

operated according to fixed schedules over specific routes and is available to the general public on a regular basis. Season means, in each year (a) for the Northern Summer season, the period commencing on the last Sunday

in March and ending on the last Saturday in October and (b) for the Northern Winter season, the period commencing on the last Sunday in October and ending on the last Saturday in March.

25 November 2007

Transfer Passenger means a passenger who connects from one international flight to another without being

processed by the Abu Dhabi Immigration Service at the Airport. Transit Passenger means a passenger whose origin and destination is another port, serviced by the same

flight. UAE means United Arab Emirates we or us or ours means Abu Dhabi Airports Company and includes our successors and assigns. you or your means, in the case of RPT or scheduled cargo aircraft, the holder of the Air Operator’s Certificate at the time our facilities and services at the Airport are used or in the case of general aviation and other non-

regular public transport operations aircraft, the person who is identified as “Owner” in the Notification of Aircraft Details form or if no one is so identified, the holder of the Certificate of Registration at the time our facilities and services at the Airport are used and includes your or their respective executors, administrators, successors and assigns. 1.2

The singular includes the plural and the plural includes the singular.

1.3

If you consist of more than one person or company, then each person or company is jointly and severally liable under these Conditions with each of the ot hers.

1.4

If any part of these Conditions is unenforceable, these Conditions are taken to be modified to remove that part. The rest of these Conditions are not affected by that part being removed.

2

These Condition s

2.1

Subject to any separate variation agreement in writing between you and us, the use of the Airport and all its facilities and services by you or on your behalf is subject to these Conditions. YOU SHALL BE DEEMED TO HAVE ACCEPTED THE CONDITIONS BY YOUR USE OF THE AIRPORT.

2.2

Subject to any contrary requirement under legislation, we may change, replace or waive any of these Conditions provided that we have: used our reasonable endeavours to consult you (either directly or through any relevant industry bodies) at least 90 days before we change, replace or waive any Conditions and considered and responded to you in writing (either directly or through relevant industry bodies ) in relation to any comments or objections you have raised to our change, replacement or waiver; and we give you (either directly or through any relevant industry bodies) notice in writing at least 30 days before the change is to be effective.

3

Information we require before you use our faciliti es and services

3.1

Before using our facilities and services at the Airport you must give us:

3.2

(a)

your name, address and contact details;

(b)

evidence that you have a security program that meets the requirements of our security arrangements and any relevant requirements of the Civil Aviation Regulations;

(c)

evidence that you have in place emergency procedures in connection with all potential threats to passengers, cargo and our facilities and services at the Airport at least to the standard required to comply with our Airport emergency procedures;

(d)

the names, addresses, telephone numbers, facsimile numbers and all other contact details of your key personnel we can contact at any time about emergencies, security, operational or financial matters in connection with you using our facilities and services at the Airport;

(e)

evidence of the insurance policies you hold that are consistent with the requirements of Schedule 1 and confirmation that these policies will remain current at all times when you are using our facilities and services at the Airport;

(f)

ground handling arrangements for operating crew, passengers and cargo;

(g)

arrangements for the removal of stationary aircraft;

(h)

a completed Credit Application form (see Schedule 2); and

(i)

a completed Notification of Aircraft Details form (see Schedule 3) for all your aircraft which are likely to be using our facilities and services at the Airport.

Unless otherwise agreed, you shall supply us with an unconditional bank guarantee in a form reasonably acceptable to us. This bank guarantee will be for an amount equal to our reasonable estimate of the airport charges you are likely to incur over a 3 m onth period.

25 November 2007

3.3

You must provide us with the details of any changes made to information described in clause 3.1 within 30 days of such change.

4

Provisio n of inform ation in relation to charges

4.1

This clause 4 applies where we require information from you for the purpose of calculating charges payable by you for your use of our facilities and services at the Airport.

4.2

If you use facilities and services that are subject to aircraft movement based charges, or charges based on passenger numbers under Schedule 5 of these Conditions, you must use your best endeavours to provide to us or authorize your ground handling agent to provide the following information to us on your behalf, at the end of each day on which you use those facilities and services :

4.3

(a)

the number of aircraft movements at the Airport that day (for cargo and positioning operations);

(b)

the number of disembarking and Embarking Passengers on your aircraft operating at the Airport on that day; and

(c)

any further disaggregation of aircraft movement or passenger numbers we reasonably require to determine charges payable by you under Schedule 5.

Within 7 days of the day on which you used our facilities and services : (a)

you must provide the information required under clause 4.2 if you have not already done so; and

(b)

if you have provided to us information under clause 4.2 and you detect an error in that information, then you must provide to us the correct information. You must, at the same time, provide to us an explanation of why the original information was incorrect. We will accept the later information as being correct unless we are not satisfied with the explanation provided to support the change.

4.4

You acknowledge that we will use the information you provide to us under clauses 4.2 and 4.3 for the purpose of calculating the charges payable by you for using our facilities and services at the Airport.

4.5

If you do not comply with clauses 4.2 and 4.3, then you agree that we may charge you for use of our facilities and services on that day on the basis that each seat on the aircraft operated by you on that day was in fact occupied by a passenger. If you later provide the information required under clauses 4.2 and 4.3 and we have charged you in accordance with this clause 4.5 and you have paid to us those charges and we believe that we have been overpaid, then we will provide to you a refund (without interest) of any amount we calculate to have been overpaid.

4.6

You acknowledge that we may verify from time to time information you have provided to us by means including (but not limited to): (a)

reference to data collected by the Abu Dhabi Immigration Service; and

(b)

directly counting passengers embarking or disembarking aircraft operated by you.

You will use your best endeavours to assist us to identify the reason for any differences between the information provided by you under clause 4.2 and 4.3 and the information collected by us under this clause 4.6. 4.7

If, after the end of a Season, we ask you to do so, you must give us certified statements from your then regularly-engaged independent auditors verifying, for the Season just expired, the accuracy of the information you have previously given to us under this clause 4. You must give us the certified statements within 60 days of the date of our request. Your independent auditors who give us the certified statements must be members of or affiliated with an int ernationally-recognised, independent accounting firm.

4.8

You must permit us (or our agents or accountants), on reasonable notice and at reasonable times, to audit, at our expense, your records and systems which relate to the information you m ust give us under this clause 4.

4.9

If the certified statements provided under clause 4.7 or an audit by us under clause 4.8, discloses any error in the information you have given us under clauses 4.2 and 4.3, or you and we agree that the information you have given us under clauses 4.2 and 4.3 was in error after we verify under clause 4.6, we will immediately invoice you for the charges which you should have paid to us if the information you gave to us under clauses 4.2 and 4.3 was not in error. We will issue our invoice, and you must pay i t, in accordance with clause 8. If the extent of the error in our favour is more than five per cent (5%) of the information actually given to us, then you must reimburse us for the cost of our audit under clause 4.8.

4.10

We will use our best endeavours to maintain the confidentiality of any information that you provide to us, which you advise is commercially sensitive.

5

Information generally

5.1

The address where your information should be sent to is set out in Schedule 4. If possible, we would appreciate receiving information electronically.

25 November 2007

5.3

You must let us know as soon as practicable if there is any change to the information you have given us.

5.4

You acknowledge that you have read and understood our Airport Operations Manual.

5.5

If you ask us, in writing, and subject to any express or implied confidentiality arrangements we may have with third parties (including the governments of Abu Dhabi or the UAE) or other need for confidentiality, we will give you details of: (a)

our Airport Security Program and other security arrangements that may apply from time to time;

(b)

Airport emergency procedures;

(c)

Airport insurance policies;

(d)

which of our facilities and services at the Airport are available for you to use; and

(e)

Type A - Approach and Takeoff Chart.

5.6

We may charge reasonable fees for the supply of copies of Type A - Approach and Takeoff Chart, and for multiple copies of any other publications or inf ormation requested by you under these Conditions of Use.

6

Using our facilities and services

6.1

When using our facilities and services at the Airport you must comply with: (a)

all legislation;

(b)

our Airport Operations Manual;

(c)

our Airport Security Program;

(d)

these Conditions;

(e)

other conditions, instructions orders and directions necessary for the day to day operation of the Airport, if (except in emergencies) we have consulted you (either directly or through any relevant industry bodies) about them and given you 7 days notice of them, or as much notice as is reasonably practicable;

(f)

local flying restrictions;

(g)

our requirement for no aircraft parking over 4 hours without prior written approval of ADAC; and

(h)

directions on security from the Director of the General Civil Aviation Authority.

6.2

You must not do anything which puts us in breach of any legislation, and you must reasonably co-operate with us in our provision of the facilities and services (including complying with our reasonable directions arising out of your use of our facilities and services ).

6.3

You accept that access to our facilities and services is subject to the demands of other users of the Airport; and may constrained by legislation.

7

Common Use Principles

Access to all facilities and services will be equitably allocated by us, having regard to their availability and the requirements of all users. 8

Charges

8.1

You must pay us charges for using our facilities and services at the Airport, calculated in accordance with Schedule 5 as varied from time to t ime.

8.2

The charges for using our facilities and services at the Airport shall accrue from day to day and are payable in UAE Dirham. However we are prepared to accept payment in United States Dollars, Great Britain Pounds or European Union Euros. In this instance, the applicable UAE Dirham charge will be converted into the currency you have requested be accepted, using the applicable prevailing exchange rate of the Abu Dhabi National Bank at 11.00am on the Sunday of the week in which your charges are incurred.

8.3

If you have a credit account with us, we will invoice you for charges.

8.4

Subject to clause 10, you must pay what the invoice shows is owing within the time stated for payment in the invoice by one of the methods f or payment shown on the invoice.

8.5

Unless you have a credit account with us, you must pay the charges you owe before your aircraft leaves the Airport unless we agree other arrangements in writing.

25 November 2007

9

Varying charges

9.1

Subject to this clause, we may vary any of the charges or the application of them at any time by giving you 30 days notice in writing of a proposed maximum increase in charges or application before the variation becomes effective.

9.2

We will consult with you (either directly or through any relevant industry bodies) at least 60 days before varying charges.

10

If you do not pay on time

10.1

If you do not pay the amount you owe on time, you must pay interest, calculated on a daily basis, on the amount from and including the day the amount becomes payable to and including the day you pay the amount and all interest accrued on it.

10.2

If you notify us in writing that you dispute any charge shown in an invoice within 7 days of receiving that invoice and in our reasonable opinion you have grounds to dispute it, then the provisions of clause 17 will apply.

10.3

In the case of a dispute, any undisputed amounts, or portions, must be paid within the time required by the invoice.

10.4

Subject to clause 10.2, if you do not pay us an amount you owe us within 21 days after it is due for payment, we may: (a)

refuse to allow any or all of your aircraft to use our facilities and services at the Airport; and/or

(b)

use reasonable means to detain any of your aircraft until you have paid all due charges and interest provided that: (i)

we have first sought to negotiate in good faith any dispute about charges in accordance with 10.2 above;

(ii)

we have first sought to recover any outstanding charges and interest by exercising our right under any bank guarantee provided in accordance with clause 3.2 above; and

(iii)

we have given you 14 days notice in writing either during or after the 21 day period that we intend to do this.

10.5

Unless we give you express written consent, you are not allowed to make any set-off against or deduction from the charges for using our facilities and services.

10.6

We may take any other action against you that the law allows to recover anything you owe us.

11

If you do not compl y with these Condition s

11.1

In addition to clause 10 we may, subject to our obligations under legislation, give you 14 days notice in writing not to use our facilities and services at the Airport if you do not comply with these Conditions.

11.2

However, if you do not comply with any safety or security requirements, we may give you notice to comply immediately and we may stop you from using our facilities and services at the Airport if you do not comply with our notice.

12

Moving aircraft

12.1

We may (subject to air traffic clearances and any operational guidelines issued by us for the use of our facilities and services) order you to:

(a)

move an aircraft to another position at the Airport; or

(b)

remove an aircraft from the Airport

at your cost and within a specified time, being a period that we consider, in all the circumstances, to be reasonable. 12.2

If you do not comply with our order within the specified time, as a measure of last resort, we may move or remove the aircraft in accordance with the procedures at Schedule 6 and: (a)

you must pay our reasonable costs of having the aircraft moved or removed and any costs incurred by us as a result of having the aircraft moved or removed; and

25 November 2007

(b)

you are liable for and indemnify us, our officers, employees and agents against any personal injury, death, loss or damage caused or contributed to by your failure to comply with our order.

13

Airpor t closed or services unavailable

13.1

We will endeavour to keep our facilities and services at the Airport available for you to use, subject to reasonable requirements for operational purposes, maintenance and new development or events beyond our reasonable control.

13.2

If reasonably possible, we will notify you before we make any service or facility at the Airport unavailable. This is subject to clauses 6.3 and 15.2.

13.3

If, at any time, safety or operational requirements mean that we consider it necessary to declare our facilities or services at the Airport to be wholly or partly unavailable for use by you, we will use our reasonable endeavours to identify alternative facilities and services which might be available for use by you, but the use of such alternative facilities or services shall be a matter for decision by you. You acknowledge that, in doing so, we will need to balance the needs of all affected parties so far as we reasonably can.

14

Services we do not provid e

We do not provide: (a)

en-route air navigation services;

(b)

en route meteorological services;

(c)

hangar facilities;

(d)

aircraft parking longer than 4 hours unless pre approved by ADAC in writing.

Our charges do not include fees for these services or fees for things we provide outside the scope of these Conditions. 15

Release and indemnit y

15.1

We and our officers, employees or agents are not liable for: (a)

loss or damage caused for any reason to an aircraft, its equipment, its load or the property of its crew or passengers at the Airport; or

(b)

personal injury caused for any reason to the crew or passengers of, or persons servicing, an aircraft at the Airport,

unless and then only to the extent caused by our own negligence or recklessness, or the negligence or recklessness of our officers, employees or agents. 15.2

15.3

We and our officers, employees or agents are also not liable for: (a)

any loss you suffer for any reason because the Airport or any part of it is closed or any service or facility at the Airport is unavailable;

(b)

any loss you suffer, or any person claiming through you suffers, for any reason because of delays in the movement or scheduling of your aircraft; or

(c)

any consequential injury, loss or damage in connection with the use of or closure of the Airport (including anything referred to in (a) or (b) of t his clause).

You are liable for and indemnify us against: (a)

any damage your aircraft may cause to our property;

(b)

any costs we incur in detaining any of your aircraft under clause 10.5; and

(c)

claims for personal injury, death, loss or damage to property caused or contributed to by you,

unless and then only to the extent caused by our negligence or the negligence of our officers, employees or agents. 15.4

You agree to pay us an amount equal to any liability, loss, cost, charge or expense of the kind referred to in clause 15.3 suffered or incurred by any of our officers, employees or agents.

25 November 2007

16

Exclusion of warranties and condi tions

16.1

Subject to this clause, we do not make any representation or warranty in connection with the use of the Airport.

16.2

We will exercise due care and skill in providing the facilities and services to you. Our liability for breach of this clause is limited to: (a)

in the case of goods, the repair or replacement of, or the supply of equivalent goods or the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; or

(b)

in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

16.3

If a warranty or condition is implied under any legislation in connection with the goods and services we provide and it can be excluded, we exclude it to the maximum extent possible and if we cannot exclude it, then our liability for breach of that warranty or condition is limited in the case of goods, in the same manner as set out in clause 16.2 (a) or in the case of services, in the same manner as set out in clause 16.2 (b).

17

Dispute resolution by mediation

17.1

If there is a dispute between you and us about whether you or we have complied with an obligation or have a right under these Conditions, then: (a)

within 14 days of the dispute arising, you and we must meet to negotiate in good faith with a view to resolving the dispute; and

(b)

if we jointly fail to resolve such dispute within such period, either of us may refer the dispute to binding arbitration under the applicable Rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre in effect on the date of the reference (which Rules are deemed incorporated by reference into these Conditions) by one (1) arbitrator appointed in accordance with said Rules. All proceedings will be conducted in the English language applying the applicable law of this Agreement with the location of the arbitration in Abu Dhabi. The award decision of the Abu Dhabi Commercial Conciliation and Arbitration Centre shall be final and binding on us and we both waive the right to any appeal under any system of law. The arbitration award shall be in lieu of any other remedy which might otherwise be available to either of us.

17.2

The award shall be enforceable before any court of competent jurisdiction (which shall include, without limitation, the appropriate superior court in Abu Dhabi) upon the application to such court by either of us and in such event the responding party shall not raise forum non conveniens or any other argument or matter that seeks to modify the award decision or to otherwise invalidate, circumvent or frustrate the procedures set forth in this clause.

17.3

You and we are to equally share the cost of the mediation.

17.4

You and we may not seek any other means of resolving the dispute (other than seeking an urgent, interlocutory or interim injunction) until the arbitration has taken place.

17.5

Where we are of the view, acting reasonably, that a dispute between you and us is not a genuine dispute, we reserve the right to take any other action against you that the law allows (including exercising our powers under clauses 10 and 11) while in dispute or arbitration with you.

18

Enti re agreement

These Conditions: 18.1

constitute the entire agreement between the parties as to its subject matter; shall be binding on you notwithstanding that you have not signed this agreement if you commence using any of the services after receipt of this document; and

18.2

in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party, other than as set out in these Conditions.

19 Governing law

These Conditions are governed by the laws of the Emirate of Abu Dhabi and the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. Subject to clause 17, you and we agree to take legal proceedings in connection with these Conditions only in the Abu Dhabi courts.

25 November 2007

For the purposes of being bound by these Conditions you warrant that you have full authority and power to bind any owner, lessor, mortgagor, lender or pilot of the aircraft and all their respective servants, agents or contractors.

Signed as an agreement ,

By Mr. George Karamanos

__________________________________

Duly authorised on behalf of ABU DHAB I AIRPORTS COMPANY Company stamp:

__________________________________

Position of Signatory:

Vice President Corporate Marketing & Communic ations

Date:

__________________________________

By

__________________________________

Duly authorised on behalf of ‘carrier’ Company seal:

__________________________________


__________________________________

Date:

__________________________________

25 November 2007

SCHEDULE 1 (clause 3.1(e) - Insurance Policy Requirements

Group / Classification

Third Party Liabili ty

Combined single limit for third party liability for any one accident/incident occurrence to be not less than: Fixed Wing Aircraft 1.

10,000 kg MTOW or less

US$25,000,000

2.

10,001 kg - 28,000 kg MTOW

US$60,000,000

3.

28,001 kg - 100,000 kg MTOW

US$200,000,000

4.

100,001 kg - 180,000 kg MTOW

US$500,000,000

5.

180,001 kg – 400,000 kg MTOW

US$1,000,000,000

6.

Exceeding 400,001 kg MTOW

US$1,500,000,000

Helicopters 1.

up to two passenger seats

US$5,000,000

2.

three and four passenger seats

US$10,000,000

3.

more than four passenger seats

US$15,000,000 o

25 November 2007

SCHEDULE 2 - (clause 3.1(i)) - Customer Credit Application Form

App li can t Inf or mati on

Name of Company:

____________________________________________________

Trading Name:

_ ___________________________________________________

Business Address:

____________________________________________________

Address:

____________________________________________________

Telephone: _________________________ Fax: __________________________ Commercial Registration Number:

____________________________________________________

Other Business Numbers (if applicable):

____________________________________________________

Years Trading: ________________ Financial Institutio n Information (e.g. bank or credit uni on)

Financial Institution Name: ______________________ Branch: _______________ Country: _______________________ Do you plan to use this institution for any bank guarantees or line of credit? ______

Acc ou nt s Payab le In fo rmat io n

Accounts Payable Manager: __________________ Telephone: _______________ e-mail Address: _______________________ .. Fax: ________________________ Please answer ‘YES’ or ‘NO’ to the following items and provide details including dates and circumstances if applicable. Use additional pages if necessary. Has the applicant declared bankruptcy or been declared bankrupt or entered into a scheme of arrangement in the past 10 years? If ‘YES’, provide details. ________________________________________________________________________________________________ Has the applicant committed an act of insolvency within the meaning of the Civil Transactions Law (Federal Law no. (5) 1985) (or where the applicant is incorporated overseas, an equivalent in the country of incorporation)? If ‘YES’ provide details. ________________________________________________________________________________________________ Does the applicant have any registered or unregistered charges against the assets of the applicant? If ‘YES’ provide details. ________________________________________________________________________________________________ Has the applicant been refused credit before? If ‘YES’ provide details including amounts involved. ________________________________________________________________________________________________ Is there any other information about the applicant that ADAC would reasonably expect to know or the applicant would like ADAC to consider when assessing this application? If ‘YES’ provide details. ________________________________________________________________________________________________

Conditions applicable to the grant of a credit facility :

1.

The applicant understands that the credit facility may be withdrawn at any time at the discretion of ADAC.

2.

The applicant understands that settlement is due within 30 days of issue of any invoice by ADAC.

3.

The applicant accepts that it is totally responsible for payment for all services supplied under ADAC’s Conditions of Use, in accordance with the terms thereof.

Certification by Applicant

25 November 2007 I have truthfully and accurately completed this application and understand that credit may be refused or suspended if any information provided in this form is int entionally untrue or inaccurate in any material particular. Please fill ou t applicable section. If a Sole Trader

Full Name:

_________________________________________

Date of Birth:

_________________________________________

Residential Address:

_________________________________________

If a Partnership

Full Names and Residential Addresses of all Partners:

_________________________________

Full Name Residential Address

_________________________________

If an Incorpo rated or Limited Company

Name of Company:

__________________________________________

Company Number:

__________________________

Country of Incorporation: _______________ Date of Incorporation: ____________________ Registered Office Address:

__________________________________________

Full Names of all Directors:

__________________________________________

Ack no wl edgm ent and Cons ent to di scl osu re o f p erso nal in fo rmat io n an d Ac cep tan ce o f Cred it Agr eement Term s and Conditions 1. Acknowledgment

The applicant(s) acknowledge(s) that ADAC has informed me/us that certain items of personal information about me/us contained in this application or which may be subsequently obtained by ADAC may be disclosed to a credit reporting agency. This information includes, among other things, particulars as to my/our identity, the fact an application for credit was made and the amount of credit sought, details of current providers of credit at least 60 days overdue, discharges, cheques twice dishonoured and serious credit infringements. 2. Consent

I consent: (a)

to ADAC obtaining from a credit reporting agency a credit report containing personal information about me/us for the purpose of ADAC: (i)

collecting overdue payments in respect of commercial credit provided to me/us, and

(ii)

assessing my/our application for commercial credit on an ongoing basis; or

(iii)

assessing my/our application for consumer credit ;

(b)

to ADAC’s nominated trade insurer (if any) obtaining from a credit reporting agency a credit report containing personal information about me/us to assess the risk of providing insurance to ADAC in relation to my/our application for commercial credit with ADAC;

(c)

to ADAC giving and seeking from any credit provider named in this application for credit or in a credit report issued by a credit reporting agency information about my/our credit arrangements, including any information about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other.

Signatu re of Autho ris ed Company:

___________________________________

Name of Repres entat iv e:

___________________________________

Pri nted name:

___________________________________

Position:

___________________________________

Date:

___________________________________

25 November 2007

SCHEDULE 3 - (clause 3.1(j)) - Notification of Aircraft Details

Air cr aft Det ail s

Aircraft Registration: ____________________________________________ Aircraft Type: __________________________________________________ Engine type: __________________________________________________ Noise Emission Level :___________________________________________ Aircraft certified MTOW: _________________________________________ Aircraft seat configuration: ________________________________________ No. & type of seats in class: ______________________________________ Average No. of seats per class: ____________________________________

Certificate of Registration Holder:

Name: ________________________________________________________ Address: ______________________________________________________ Contact number: ________________________________________________

Owner: (if different to C of R holder)


Operator:


Effective Dates of Operation:

From: _________________________________________________________ To: ___________________________________________________________

Signature of person completing the form

_________________________________ Please identify by circling whether you are the C of R Holder / Owner / Operator

25 November 2007

SCHEDULE 4 - (clause 4.1) - Contact Information

Add ress for ser vi ce o f no ti ces By post:

Chairman & Managing Director Abu Dhabi Airports Company PO Box 94449 Abu Dhabi United Arab Emirates

or

Chairman & Managing Director Abu Dhabi Airports Company The DCA Building Abu Dhabi United Arab Emirates By facsimile:

+971 2 575 8300

25 November 2007

SCHEDULE 5 - (clause 7.2) - Aero nau ti cal c har ges ef fect iv e fro m May 2009

Note:

this table is provided as a guide to charges at Abu Dhabi International Airport. Our charges depend upon the facilities and services you use at the Airport.

If you use these faciliti es & services….

International operations at Terminal 1

International operations at Terminal 1A


Freight operations

Helicopter operations

General aviation operations

…..then these are the applicable items of Schedule 5 which you must pay •

Item 1

•

Item 4

•

Item 5

•

Item 6

•

Item 7 (where applicable)

•

Item 2

•

Item 4

•

Item 5

•

Item 6

•

Item 7(where applicable)

•

Item 3

•

Item 4

•

Item 5

•

Item 6

•


•

Item 4

•

It em 6

•

Item 4

•

Item 6

•

Item 4

•

Item 6

Items: 1.

Passenger Servic e Charge - Internati onal Services – Terminal 1 & 1A

A charge of AED 75 per Embarking Passenger (excluding Transit Passengers, Transfer Passengers, Infants and Positioning Crew) on fixed and rotary wing passenger aircraft embarking passengers through the Abu Dhabi International Airport international terminal (described as Terminal 1 & 1A). 2.

Passenger Service Charge - Internati onal Services – Terminal 2

A charge of AED 75 per Embarking Passenger (excluding Transit Passengers, Transfer Passengers, Infants and Positioning Crew) on fixed and rotary wing passenger aircraft embarking passengers through the Abu Dhabi International Airport international terminal (described as Terminal 2).

25 November 2007 3.

Passenger Service Charge - International Services – Terminal 3

A charge of AED 75 per Embarking Passenger (excluding Transit Passengers, Transfer Passengers, Infants and Positioning Crew) on fixed and rotary wing passenger aircraft embarking passengers through the Abu Dhabi International Airport international terminal (described as Terminal 3). 4.

Landing Charge – Fixed Wing and Rotary Aircraft

For each fixed wing passenger and rotary aircraft, a charge per runway movement (take-off or landing) as follows: Air cr aft w eig hi ng (k g) ch arged against aircraft certified MTOW

Rates per landing

Up to 5,000 kg

AED 4.00 per 500 kg or part thereof

Exceeding 5,000 kg, but not exceeding 50,000 kg


Exceeding 50,000 kg


Payment of this charge entitles the aircraft to (a) use of the aerodrome for alighting and departing; (b) use of radio and night lighting installations at the aerodrome; (c) supply of all available information as to routes and weather information; the services of aerodrome personnel if available, for manual assistance in guiding, housing or parking the aircraft. Note: Use of the radio installations does not include operation charges or charges for radio services in connection with movement, which may be levied by an approved agency of the Abu Dhabi government. 5.

Passenger Securi ty & Safety Fee

A charge of AED 5 per Embarking Passenger (excluding Transit Passengers, Transfer Passengers, Infants and Positioning Crew) on fixed and rotary wing passenger aircraft embarking passengers through the Abu Dhabi International Airport international terminals 1, 1A, 2 and 3. 6.

Aircraft Parking Charge

For each aircraft parked at the airport, a charge calculated using the product of the length of the aircraft times the span of the aircraft in metres, t imes the following charges: Basis of calculation

Amount of charge

For the first 50 m²

AED 3.00

For each additional 10m² or part therefore

AED 0.60

No fees will be charged for the first 6 hours aft er landing. After the first 6 hours has passed, the above rates shall apply f or each period of 24 hours or part t hereof that passes. No aircraft shall be permitted to be parked for a period of more than 4 hours without ADAC’s prior written consent (including for extended technical delays/up-line delays). Any abuse of parking arrangements may result in future use of the airport being withdrawn by ADAC. 7.

Rescue/Fire-fighting Service Charge

AED N/A per pax/tonne – position reserved 8.

Terminal Air Navigation and Meteorologic al Charges

AED N/A per tonne - position reserved

Information Requirements

If you are subject to passenger-based charges under this Schedule 5, you must provide the following information under Clause 4.2 and/or 4.3 of t he Abu Dhabi International Airport Conditions of Use: •

the number of disembarking and Embarking Passengers on your aircraft operating at the Airport on each day,

with Transit Passengers, Transfer Passengers, Infants and Positioning Crew shown separately.

25 November 2007

SCHEDULE 6 - (clause 12.2) - Procedure for moving/removing Ai rcraft by ADAC

In the event that we are required to move/remove an aircraft as a result of a failure by you to comply with an order issued to you under these Conditions of Use: 1.

we will, where applicable, follow the procedures for the recovery of disabled aircraft set out in our Airport Operations Manual.

2.

3.

in other cases, we will provide you with as much notice as is, in all the circumstances, reasonably practicable: (a)

that we intend to move/remove the aircraft;

(b)

of the proposed location to which the aircraft is to be relocated;

(c)

of the means by which we intend to move/remove the aircraft; and

(d)

of any Conditions which may apply to your recovery of the aircraft.

in the event that the notice referred to in paragraph 2 is not practicable we will notify you, as soon as possible that: (a)

we have moved/removed the aircraft;

(b)

the location to which the aircraft has been moved; and

(c)

any Conditions which may apply to your recovery of the aircraft.

25 November 2007

SCHEDULE 7 - Facilities and Services Air cr aft m ov emen t fac il iti es and ser vi ces •

Airside grounds, runways, taxiways and aprons

•

Airfield lighting, airside roads, airside lighting

•

Airside safety

•

Nose-in guidance/marshalling

•

Aircraft parking

•

Visual navigation aids

Passenger processing facilities and services •

Forward airline support areas services

•

Aerobridges, airside buses

•

Departure lounges and holding lounges (but excluding commercially important persons lounges)

•

Immigration and customs service areas

•

Public address systems, closed circuit surveillance systems and security systems

•

Baggage make-up, baggage handling and baggage reclaim

•

Public areas in terminals, public amenities, public lifts, escalators and moving walkways

•

Flight information display systems

•

Landside roads, landside lighting and covered walkways

Airline Startup Information Pack AUH/AAN APPENDIX IV ________________________________________________________________________________________________________________________

Appendix IV – ADAC Conditions of Use Al Ain International Airport

__________________________________________________________________________________________ JULY 2010 V2010/04

- 67 -

AL AIN INTERNATIONAL AIRPORT CONDITIONS OF USE VERSION 0.01 1 May 2009

SAMPLE COPY

AL AIN INTERNATIONAL AI RPORT (Emir ate of Abu Dhab i) CONDITIONS OF USE

2. 1.1

Definitions ADAC means Abu Dhabi Airports Company PJSC Commercial Registration No. 1004995. AED or Dirham is the lawful currency of t he UAE. Ai rp or t means Al Ain International Airport, Emirate of Abu Dhabi, United Arab Emirates. Ai rp or t Oper atio ns Manual means our manual, required under the General Civil Aviation Authority Civil

Aviation Regulations Issue No.2005-02, about operating aircraft and facilities at the Airport, as amended from time to time. Ai r Oper ator ’s Certi fi cate means the certificate of that name issued under the applicable civil aviation

legislation of the country in which your operation is based. Ai rp or t Secur it y Prog ram means our program, required under the UAE Civil Aviation Regulations, which

describes issues such as security responsibilities, procedures, contingency plans and standards at the Airport, as amended from time to time. Certificate of Registration means for an aircraft the certificate of registration issued by the General Civil Aviation Authority under the Civil Aviation Regulations. Conditions mean these Conditions of Use for Al Ain International Airport and any Rules and Regulations

relating to the use of Al Ain International Airport published by us. A copy of the Conditions is available on request from us. The Conditions shall take precedence over any other conditions or terms and no servant or agent of us is authorized to agree any variation of these terms except by written agreement signed on behalf of us. EBOR means the United Arab Emirates inter-bank offered rate for three (3) month loans in Dirham prevailing at

11.00 am on the relevant date. Embarking Passengers means all passengers on board a departing aircraft. This i ncludes Transit Passengers,

Transfer Passengers, Infants and Positioning Crew, but excludes Operating Crew. facilities and services means our facilities and services as set out in Schedule 7 except to the extent that

those facilities and services are provided to you under a separate contract, lease, licence or other authority from us. general aviation means any air service other than a regular public transport operation or RPT and scheduled

cargo operations. infant means a child under two years of age who has not paid to occupy a seat on an aircraft. interest rate means a lesser of four (4) percent per annum above EBOR or if EBOR ceases to exist or to be

published, four (4) percent above such comparable rate of interest as we may determine; or the highest rate of interest then permitted to be charged by law in the UAE. legislation means every federal or local law, decree or ordinance and any rule, order, regulation, notice,

direction, bye-law, permission and plan for the time being made under or deriving validity from any federal or local law, decree or ordinance and any rules, regulations, orders, bye-laws or codes of practices of any local or municipal authority or services supplier or undertaker having jurisdiction at the Airport or in respect of any aircraft using it, or any matter affecting the Airport or any aircraft using it, these Conditions of Use or any of the rights and obligations contained in them which are in force during the term of this agreement. MTOW means for an aircraft its maximum take-off weight as specified by the manufacturer or as approved by

the General Civil Aviation Authority. Operating Crew means your employees operating as flight or cabin crew on an arriving or departing aircraft. Positioning Crew means your flight and cabin crew, other than Operating Crew, arriving into, or departing

from, the Airport on company duty t ravel for the purpose of positioning for, or returning from, crewing duties. regular public transport operations or RPT means air service operations where, for a fee, the aircraft is

operated according to fixed schedules over specific routes and is available to the general public on a regular basis. Season means, in each year (a) for the Northern Summer season, the period commencing on the last Sunday

in March and ending on the last Saturday in October and (b) for the Northern Winter season, the period commencing on the last Sunday in October and ending on the last Saturday in March.

Transfer Passenger means a passenger who connects from one international flight to another without being

processed by the Abu Dhabi Immigration Service at the Airport. Transit Passenger means a passenger whose origin and destination is another port, serviced by the same

flight. UAE means United Arab Emirates we or us or ours means Abu Dhabi Airports Company and includes our successors and assigns. you or your means, in the case of RPT or scheduled cargo aircraft, the holder of the Air Operator’s Certificate at the time our facilities and services at the Airport are used or in the case of general aviation and other non-

regular public transport operations aircraft, the person who is identified as “Owner” in the Notification of Aircraft Details form or if no one is so identified, the holder of the Certificate of Registration at the time our facilities and services at the Airport are used and includes your or their respective executors, administrators, successors and assigns. 1.2

The singular includes the plural and the plural includes the singular.

1.3

If you consist of more than one person or company, then each person or company is jointly and severally liable under these Conditions with each of the ot hers.

1.4

If any part of these Conditions is unenforceable, these Conditions are taken to be modified to remove that part. The rest of these Conditions are not affected by that part being removed.

2

These Condition s

2.1

Subject to any separate variation agreement in writing between you and us, the use of the Airport and all its facilities and services by you or on your behalf is subject to these Conditions. YOU SHALL BE DEEMED TO HAVE ACCEPTED THE CONDITIONS BY YOUR USE OF THE AIRPORT.

2.2

Subject to any contrary requirement under legislation, we may change, replace or waive any of these Conditions provided that we have: used our reasonable endeavours to consult you (either directly or through any relevant industry bodies) at least 90 days before we change, replace or waive any Conditions and considered and responded to you in writing (either directly or through relevant industry bodies ) in relation to any comments or objections you have raised to our change, replacement or waiver; and we give you (either directly or through any relevant industry bodies) notice in writing at least 30 days before the change is to be effective.

3

Information we require before you use our facilities and services

3.1

Before using our facilities and services at the Airport you must give us: (a)

your name, address and contact details;

(b)

evidence that you have a security program that meets the requirements of our security arrangements and any relevant requirements of the Civil Aviation Regulations;

(c)

evidence that you have in place emergency procedures in connection with all potential threats to passengers, cargo and our facilities and services at the Airport at least to the standard required to comply with our Airport emergency procedures;

(d)

the names, addresses, telephone numbers, facsimile numbers and all other contact details of your key personnel we can contact at any time about emergencies, security, operational or financial matters in connection with you using our facilities and services at the Airport;

(e)

evidence of the insurance policies you hold that are consistent with the requirements of Schedule 1 and confirmation that these policies will remain current at all times when you are using our facilities and services at the Airport;

(f)

ground handling arrangements for operating crew, passengers and cargo;

(g)

arrangements for the removal of stationary aircraft;

(h)

a completed Credit Application form (see Schedule 2); and

(i)

a completed Notification of Aircraft Details form (see Schedule 3) for all your aircraft which are likely to be using our facilities and services at the Airport.

3.2

Unless otherwise agreed, you shall supply us with an unconditional bank guarantee in a form reasonably acceptable to us. This bank guarantee will be for an amount equal to our reasonable estimate of the airport charges you are likely to incur over a 3 m onth period.

3.3

You must provide us with the details of any changes made to information described in clause 3.1 within 30 days of such change.

4

Provisio n of inform ation in relation to charges

4.1

This clause 4 applies where we require information from you for the purpose of calculating charges payable by you for your use of our facilities and services at the Airport.

4.2

If you use facilities and services that are subject to aircraft movement based charges, or charges based on passenger numbers under Schedule 5 of these Conditions, you must use your best endeavours to provide to us or authorize your ground handling agent to provide the following information to us on your behalf, at the end of each day on which you use those facilities and services :

4.3

(a)

the number of aircraft movements at the Airport that day (for cargo and positioning operations);

(b)

the number of disembarking and Embarking Passengers on your aircraft operating at the Airport on that day; and

(c)

any further disaggregation of aircraft movement or passenger numbers we reasonably require to determine charges payable by you under Schedule 5.

Within 7 days of the day on which you used our facilities and services : (a)

you must provide the information required under clause 4.2 if you have not already done so; and

(b)

if you have provided to us information under clause 4.2 and you detect an error in that information, then you must provide to us the correct information. You must, at the same time, provide to us an explanation of why the original inform ation was incorrect. We will accept the later i nformation as being correct unless we are not satisfied with the explanation provided to support the change.

4.4

You acknowledge that we will use the information you provide to us under clauses 4.2 and 4.3 for the purpose of calculating the charges payable by you for using our facilities and services at the Airport.

4.5

If you do not comply with clauses 4.2 and 4.3, then you agree that we may charge you for use of our facilities and services on that day on the basis that each seat on the aircraft operated by you on that day was in fact occupied by a passenger. If you later provide the information required under clauses 4.2 and 4.3 and we have charged you in accordance with this clause 4.5 and you have paid to us those charges and we believe that we have been overpaid, then we will provide to you a refund (without interest) of any amount we calculate to have been overpaid.

4.6

You acknowledge that we may verify from time to time information you have provided to us by means including (but not limited to): (a)

reference to data collected by the Abu Dhabi Immigration Service; and

(b)

directly counting passengers embarking or disembarking aircraft operated by you.

You will use your best endeavours to assist us to identify the reason for any differences between the information provided by you under clause 4.2 and 4.3 and the information collected by us under this clause 4.6. 4.7

If, after the end of a Season, we ask you to do so, you must give us certified statements from your then regularly-engaged independent auditors verifying, for the Season just expired, the accuracy of the information you have previously given to us under this clause 4. You must give us the certified statements within 60 days of the date of our request. Your independent auditors who give us the certified statements must be members of or affiliated with an internationally-recognised, independent accounting firm.

4.8

You must permit us (or our agents or accountants), on reasonable notice and at reasonable times, to audit, at our expense, your records and systems which relate to the information you m ust give us under this clause 4.

4.9

If the certified statements provided under clause 4.7 or an audit by us under clause 4.8, discloses any error in the information you have given us under clauses 4.2 and 4.3, or you and we agree that the information you have given us under clauses 4.2 and 4.3 was in error after we verify under clause 4.6, we will immediately invoice you for the charges which you should have paid to us if the information you gave to us under clauses 4.2 and 4.3 was not i n error. We will issue our invoice, and you must pay it , in accordance with clause 8. If the extent of the error in our favour is more than five per cent (5%) of the information actually given to us, then you must reimburse us for the cost of our audit under clause 4.8.

4.10

We will use our best endeavours to maintain the confidentiality of any information that you provide to us, which you advise is commercially sensitive.

5

Information generally

5.1

The address where your information should be sent to is set out in Schedule 4. If possible, we would appreciate receiving information electronically.

5.3

You must let us know as soon as practicable if there is any change to the information you have given us.

5.4

You acknowledge that you have read and understood our Airport Operations Manual.

5.5

If you ask us, in writing, and subject to any express or implied confidentiality arrangements we may have with third parties (including the governments of Abu Dhabi or the UAE) or other need for confidentiality, we will give you details of: (a)

our Airport Security Program and other security arrangements that may apply from time to time;

(b)

Airport emergency procedures;

(c)

Airport insurance policies;

(d)

which of our facilities and services at the Airport are available for you to use; and

(e)

Type A - Approach and Takeoff Chart.

5.6

We may charge reasonable fees for the supply of copies of Type A - Approach and Takeoff Chart, and for multiple copies of any other publications or inf ormation requested by you under these Conditions of Use.

6

Using our facilities and services

6.1

When using our facilities and services at the Airport you must comply with: (a)

all legislation;

(b)

our Airport Operations Manual;

(c)

our Airport Security Program;

(d)

these Conditions;

(e)

other conditions, instructions orders and directions necessary for the day to day operation of the Airport, if (except in emergencies) we have consulted you (either directly or through any relevant industry bodies) about them and given you 7 days notice of them, or as much notice as is reasonably practicable;

(f)

local flying restrictions;

(g)

our requirement for no aircraft parking over 4 hours without prior written approval of ADAC; and

(h)

directions on security from the Director of the General Civil Aviation Authority.

6.2

You must not do anything which puts us in breach of any legislation, and you must reasonably co-operate with us in our provision of the facilities and services (including complying with our reasonable directions arising out of your use of our facilities and services ).

6.3

You accept that access to our facilities and services is subject to the demands of other users of the Airport; and may constrained by legislation.

7

Common Use Principl es

Access to all facilities and services will be equitably allocated by us, having regard to their availability and the requirements of all users. 8

Charges

8.1

You must pay us charges for using our facilities and services at the Airport, calculated in accordance with Schedule 5 as varied from time to time.

8.2

The charges for using our facilities and services at the Airport shall accrue from day to day and are payable in UAE Dirham. However we are prepared to accept payment in United States Dollars, Great Britain Pounds or European Union Euros. In this instance, the applicable UAE Dirham charge will be converted into the currency you have requested be accepted, using the applicable prevailing exchange rate of the Abu Dhabi National Bank at 11.00am on the Sunday of the week in which your charges are incurred.

8.3

If you have a credit account with us, we will invoice you for charges.

8.4

Subject to clause 10, you must pay what the invoice shows is owing within the time stated for payment in the invoice by one of the methods f or payment shown on the invoice.

8.5

Unless you have a credit account with us, you must pay the charges you owe before your aircraft leaves the Airport unless we agree other arrangements in writing.

9

Varying charges

9.1

Subject to this clause, we may vary any of the charges or the application of them at any time by giving you 30 days notice in writing of a proposed maximum increase in charges or application before the variation becomes effective.

9.2

We will consult with you (either directly or through any relevant industry bodies) at least 60 days before varying charges.

10

If you do not pay on time

10.1

If you do not pay the amount you owe on time, you must pay interest, calculated on a daily basis, on the amount from and including the day the amount becomes payable to and including the day you pay the amount and all interest accrued on it.

10.2

If you notify us in writing that you dispute any charge shown in an invoice within 7 days of receiving that invoice and in our reasonable opinion you have grounds to dispute it, then the provisions of clause 17 will apply.

10.3

In the case of a dispute, any undisputed amounts, or portions, must be paid within the time required by the invoice.

10.4

Subject to clause 10.2, if you do not pay us an amount you owe us within 21 days after it is due for payment, we may: (a)

refuse to allow any or all of your aircraft to use our facilities and services at the Airport; and/or

(b)

use reasonable means to detain any of your aircraft until you have paid all due charges and interest provided that: (i)

we have first sought to negotiate in good faith any dispute about charges in accordance with 10.2 above;

(ii)

we have first sought to recover any outstanding charges and interest by exercising our right under any bank guarantee provided in accordance with clause 3.2 above; and

(iii)

we have given you 14 days notice in writing either during or after the 21 day period that we intend to do this.

10.5

Unless we give you express written consent, you are not allowed to make any set-off against or deduction from the charges for using our facilities and services.

10.6

We may take any other action against you that the law allows to recover anything you owe us.

11

If you do not compl y with these Condition s

11.1

In addition to clause 10 we may, subject to our obligations under legislation, give you 14 days notice in writing not to use our facilities and services at the Airport if you do not comply with these Conditions.

11.2

However, if you do not comply with any safety or security requirements, we may give you notice to comply immediately and we may stop you from using our facilities and services at the Airport if you do not comply with our notice.

12

Moving aircraft

12.1

We may (subject to air traffic clearances and any operational guidelines issued by us for the use of our facilities and services) order you to:

(a)

move an aircraft to another position at the Airport; or

(b)

remove an aircraft from the Airport

at your cost and within a specified time, being a period that we consider, in all the circumstances, to be reasonable. 12.2

If you do not comply with our order within the specified time, as a measure of last resort, we may move or remove the aircraft in accordance with the procedures at Schedule 6 and: (a)

you must pay our reasonable costs of having the aircraft moved or removed and any costs incurred by us as a result of having the aircraft moved or removed; and

(b)

you are liable for and indemnify us, our officers, employees and agents against any personal injury, death, loss or damage caused or contributed to by your failure to comply with our order.

13

Airpor t closed or services unavailable

13.1

We will endeavour to keep our facilities and services at the Airport available for you to use, subject to reasonable requirements for operational purposes, maintenance and new development or events beyond our reasonable control.

13.2

If reasonably possible, we will notify you before we make any service or facility at the Airport unavailable. This is subject to clauses 6.3 and 15.2.

13.3

If, at any time, safety or operational requirements mean that we consider it necessary to declare our facilities or services at the Airport to be wholly or partly unavailable for use by you, we will use our reasonable endeavours to identify alternative facilities and services which might be available for use by you, but the use of such alternative facilities or services shall be a matter for decision by you. You acknowledge that, in doing so, we will need to balance the needs of all affected parties so far as we reasonably can.

14

Services we do not provid e

We do not provide: (a)

en-route air navigation services;

(b)

en route meteorological services;

(c)

hangar facilities;

(d)

aircraft parking longer than 4 hours unless pre approved by ADAC in writing.

Our charges do not include fees for these services or fees for things we provide outside the scope of these Conditions. 15

Release and indemnit y

15.1

We and our officers, employees or agents are not liable for: (a)

loss or damage caused for any reason to an aircraft, its equipment, its load or the property of its crew or passengers at the Airport; or

(b)

personal injury caused for any reason to the crew or passengers of, or persons servicing, an aircraft at the Airport,

unless and then only to the extent caused by our own negligence or recklessness, or the negligence or recklessness of our officers, employees or agents. 15.2

15.3

We and our officers, employees or agents are also not liable for: (a)

any loss you suffer for any reason because the Airport or any part of it is closed or any service or facility at the Airport is unavailable;

(b)

any loss you suffer, or any person claiming through you suffers, for any reason because of delays in the movement or scheduling of your aircraft; or

(c)

any consequential injury, loss or damage in connection with the use of or closure of the Airport (including anything referred to in (a) or (b) of t his clause).

You are liable for and indemnify us against: (a)

any damage your aircraft may cause to our property;

(b)

any costs we incur in detaining any of your aircraft under clause 10.5; and

(c)

claims for personal injury, death, loss or damage to property caused or contributed to by you,

unless and then only to the extent caused by our negligence or the negligence of our officers, employees or agents. 15.4

You agree to pay us an amount equal to any liability, loss, cost, charge or expense of the kind referred to in clause 15.3 suffered or incurred by any of our officers, employees or agents.

16

Exclusion of warranties and condit ions

16.1

Subject to this clause, we do not make any representation or warranty in connection with the use of the Airport.

16.2

We will exercise due care and skill in providing the facilities and services to you. Our liability for breach of this clause is limited to: (a)

in the case of goods, the repair or replacement of, or the supply of equivalent goods or the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; or

(b)

in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

16.3

If a warranty or condition is implied under any legislation in connection with the goods and services we provide and it can be excluded, we exclude it to the maximum extent possible and if we cannot exclude it, then our liability for breach of that warranty or condition is limited in the case of goods, in the same manner as set out in clause 16.2 (a) or in the case of services, in the same manner as set out in clause 16.2 (b).

17

Dispute resolution by mediation

17.1

If there is a dispute between you and us about whether you or we have complied with an obligation or have a right under these Conditions, then: (a)

within 14 days of the dispute arising, you and we must meet to negotiate in good faith with a view to resolving the dispute; and

(b)

if we jointly fail to resolve such dispute within such period, either of us may refer the dispute to binding arbitration under the applicable Rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre in effect on the date of the reference (which Rules are deemed incorporated by reference into these Conditions) by one (1) arbitrator appointed in accordance with said Rules. All proceedings will be conducted in the English language applying the applicable law of this Agreement with the location of the arbitration in Abu Dhabi. The award decision of the Abu Dhabi Commercial Conciliation and Arbitration Centre shall be final and binding on us and we both waive the right to any appeal under any system of law. The arbitration award shall be in lieu of any other remedy which might otherwise be available to either of us.

17.2

The award shall be enforceable before any court of competent jurisdiction (which shall include, without limitation, the appropriate superior court in Abu Dhabi) upon the application to such court by either of us and in such event the responding party shall not raise forum non conveniens or any other argument or matter that seeks to modify the award decision or to otherwise invalidate, circumvent or frustrate the procedures set forth in this clause.

17.3

You and we are to equally share the cost of the mediation.

17.4

You and we may not seek any other means of resolving the dispute (other than seeking an urgent, interlocutory or interim injunction) until the arbitration has taken place.

17.5

Where we are of the view, acting reasonably, that a dispute between you and us is not a genuine dispute, we reserve the right to take any other action against you that the law allows (including exercising our powers under clauses 10 and 11) while in dispute or arbitration with you.

18

Entir e agreement

These Conditions: 18.1

constitute the entire agreement between the parties as to its subject matter; shall be binding on you notwithstanding that you have not signed this agreement if you commence using any of the services after receipt of this document; and

18.2

in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party, other than as set out in these Conditions.

19 Governing law

These Conditions are governed by the laws of the Emirate of Abu Dhabi and the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. Subject to clause 17, you and we agree to take legal proceedings in connection with these Conditions only in the Abu Dhabi courts.

For the purposes of being bound by these Conditions you warrant that you have full authority and power to bind any owner, lessor, mortgagor, lender or pilot of the aircraft and all their respective servants, agents or contractors.

Signed as an agreement ,

By Mr. Georg es Karamanos

__________________________________

Duly authorised on behalf of ABU DHAB I AIRPORTS COMPANY Company stamp:

__________________________________


Vice President Corporate Marketing & Communications

Date:

__________________________________

By

__________________________________

Duly authorised on behalf of Company seal:

__________________________________


__________________________________

Date:

__________________________________

SCHEDULE 1 (clause 3.1(e) - Insurance Policy Requirements

Group / Classification

Third Party Liabili ty

Combined single limit for third party liability for any one accident/incident occurrence to be not less than: Fixed Wing Aircraft 1.

10,000 kg MTOW or less

US$25,000,000

2.

10,001 kg - 28,000 kg MTOW

US$60,000,000

3.

28,001 kg - 100,000 kg MTOW

US$200,000,000

4.

100,001 kg - 180,000 kg MTOW

US$500,000,000

5.

180,001 kg – 400,000 kg MTOW

US$1,000,000,000

6.

Exceeding 400,001 kg MTOW

US$1,500,000,000

Helicopters 1.

up to two passenger seats

US$5,000,000

2.

three and four passenger seats

US$10,000,000

3.

more than four passenger seats

US$15,000,000 o

SCHEDULE 2 - (clause 3.1(i)) - Customer Credit Application Form

App li can t Inf or mati on

Name of Company:

____________________________________________________

Trading Name:

_ ___________________________________________________

Business Address:

____________________________________________________

Address:

____________________________________________________

Telephone: _________________________ Fax: __________________________ Commercial Registration Number:

____________________________________________________

Other Business Numbers (if applicable):

____________________________________________________

Years Trading: ________________ Financial Institutio n Information (e.g. bank or credit uni on)

Financial Institution Name: ______________________ Branch: _______________ Country: _______________________ Do you plan to use this institution for any bank guarantees or line of credit? ______

Acc ou nt s Payab le In fo rmat io n

Accounts Payable Manager: __________________ Telephone: _______________ e-mail Address: _______________________ .. Fax: ________________________ Please answer ‘YES’ or ‘NO’ to the following items and provide details including dates and circumstances if applicable. Use additional pages if necessary. Has the applicant declared bankruptcy or been declared bankrupt or entered into a scheme of arrangement in the past 10 years? If ‘YES’, provide details. ________________________________________________________________________________________________ Has the applicant committed an act of insolvency within the meaning of the Civil Transactions Law (Federal Law no. (5) 1985) (or where the applicant is incorporated overseas, an equivalent in the country of incorporation)? If ‘YES’ provide details. ________________________________________________________________________________________________ Does the applicant have any registered or unregistered charges against the assets of the applicant? If ‘YES’ provide details. ________________________________________________________________________________________________ Has the applicant been refused credit before? If ‘YES’ provide details including amounts involved. ________________________________________________________________________________________________ Is there any other information about the applicant that ADAC would reasonably expect to know or the applicant would like ADAC to consider when assessing this application? If ‘YES’ provide details. ________________________________________________________________________________________________

Conditions applicable to the grant of a credit facility :

1.

The applicant understands that the credit facility may be withdrawn at any time at the discretion of ADAC.

2.

The applicant understands that settlement is due within 30 days of issue of any invoice by ADAC.

3.

The applicant accepts that it is totally responsible for payment for all services supplied under ADAC’s Conditions of Use, in accordance with the terms thereof.

Certification by Applicant

I have truthfully and accurately completed this application and understand that credit may be refused or suspended if any information provided in this form is int entionally untrue or inaccurate in any material particular. Please fill ou t applicable section. If a Sole Trader

Full Name:

_________________________________________

Date of Birth:

_________________________________________

Residential Address:

_________________________________________

If a Partnership

Full Names and Residential Addresses of all Partners:

_________________________________

Full Name Residential Address

_________________________________

If an Incorpo rated or Limited Company

Name of Company:

__________________________________________

Company Number:

__________________________

Country of Incorporation: _______________ Date of Incorporation: ____________________ Registered Office Address:

__________________________________________

Full Names of all Directors:

__________________________________________

Ack no wl edgm ent and Cons ent to di scl osu re o f p erso nal in fo rmat io n an d Ac cep tan ce o f Cred it Agr eement Term s and Conditions 1. Acknowledgment

The applicant(s) acknowledge(s) that ADAC has informed me/us that certain items of personal information about me/us contained in this application or which may be subsequently obtained by ADAC may be disclosed to a credit reporting agency. This information includes, among other things, particulars as to my/our identity, the fact an application for credit was made and the amount of credit sought, details of current providers of credit at least 60 days overdue, discharges, cheques twice dishonoured and serious credit infringements. 2. Consent

I consent: (a)

to ADAC obtaining from a credit reporting agency a credit report containing personal information about me/us for the purpose of ADAC: (i)

collecting overdue payments in respect of commercial credit provided to me/us, and

(ii)

assessing my/our application for commercial credit on an ongoing basis; or

(iii)

assessing my/our application for consumer credit ;

(b)

to ADAC’s nominated trade insurer (if any) obtaining from a credit reporting agency a credit report containing personal information about me/us to assess the risk of providing insurance to ADAC in relation to my/our application for commercial credit with ADAC;

(c)

to ADAC giving and seeking from any credit provider named in this application for credit or in a credit report issued by a credit reporting agency information about my/our credit arrangements, including any information about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other.

Signatu re of Auth ori sed Company:

___________________________________

Name of Repres entat iv e:

___________________________________

Pri nted name:

___________________________________

Position:

___________________________________

Date:

___________________________________

SCHEDULE 3 - (clause 3.1(j)) - Notification of Aircraft Details

Air cr aft Det ail s

Aircraft Registration: ____________________________________________ Aircraft Type: __________________________________________________ Engine type: __________________________________________________ Noise Emission Level :___________________________________________ Aircraft certified MTOW: _________________________________________ Aircraft seat configuration: ________________________________________ No. & type of seats in class: ______________________________________ Average No. of seats per class: ____________________________________

Certificate of Registration Holder:


Owner: (if different to C of R holder)


Operator:


Effective Dates of Operation:

From: _________________________________________________________ To: ___________________________________________________________

Signature of person completing the form

_________________________________ Please identify by circling whether you are the C of R Holder / Owner / Operator

SCHEDULE 4 - (clause 4.1) - Contact Information

Add ress for ser vi ce o f no ti ces By post:

Chairman & Managing Director Abu Dhabi Airports Company PO Box 94449 Abu Dhabi United Arab Emirates

or

Chairman & Managing Director Abu Dhabi Airports Company The DCA Building Abu Dhabi United Arab Emirates By facsimile:

+971 2 575 8300

SCHEDULE 5 - (clause 7.2) - Aero nau ti cal c har ges ef fect iv e fro m 1 May 2009

Note:

this table is provided as a guide to charges at Al Ain International Airport. Our charges depend upon the facilities and services you use at the Airport.

If you use these faciliti es & services….


International operations at Terminal 1A


Freight operations

Helicopter operations

General aviation operations

…..then these are the applicable items of Schedule 5 which you must pay •

Item 1

•

Item 4

•

Item 5

•

Item 6

•


•

Item 2

•

Item 4

•

Item 5

•

Item 6

•

Item 7(where applicable)

•

Item 3

•

Item 4

•

Item 5

•

Item 6

•


•

Item 4

•

It em 6

•

Item 4

•

Item 6

•

Item 4

•

Item 6

Items: 1.

Passenger Servic e Charge

A charge of AED 75 per Embarking Passenger (excluding Transit Passengers, Transfer Passengers, Infants and Positioning Crew) on fixed and rotary wing passenger aircraft embarking passengers through the Al Ain International Airport international terminal (described as Terminal 1).

2.

Landing Charge – Fixed Wing and Rotary Aircraft

For each fixed wing passenger and rotary aircraft, a charge per runway movement (take-off or landing) as follows: Air cr aft w eig hi ng (k g) ch arged against aircraft certified MTOW

Rates per landing

Up to 5,000 kg


Exceeding 5,000 kg, but not exceeding 50,000 kg


Exceeding 50,000 kg


Payment of this charge entitles the aircraft to (a) use of the aerodrome for alighting and departing; (b) use of radio and night lighting installations at the aerodrome; (c) supply of all available information as to routes and weather information; the services of aerodrome personnel if available, for manual assistance in guiding, housing or parking the aircraft. Note: Use of the radio installations does not include operation charges or charges for radio services in connection with movement, which may be levied by an approved agency of t he Abu Dhabi government. 3.

Security Charge - Fixed Wing Aircraft

A Security charge of AED (N/A) per Embarking Passenger (excluding Infants and Positioning Crew) – position reserved. 4.

Aircraft Parking Charge

For each aircraft parked at the airport, a charge calculated using the product of the length of the aircraft times the span of the aircraft in metres, tim es the following charges: Basis of calculation

Amount of charge

For the first 50 m²

AED 3.00 per m²

For each additional 10m² or part therefore

AED 0.60 per m²

No fees will be charged for the first 6 hours aft er landing. After the first 6 hours has passed, the above rates shall apply f or each period of 24 hours or part t hereof that passes. No aircraft shall be permitted to be parked for a period of more than 4 hours without ADAC’s prior written consent (including for extended technical delays/up-line delays). Any abuse of parking arrangements may result in future use of the airport being withdrawn by ADAC. 5.

Rescue/Fire-fighting Service Charge

AED N/A per pax/tonne – position reserved 6.

Terminal Air Navigation and Meteorological Charges

AED N/A per tonne - position reserved

Information Requirements

If you are subject to passenger-based charges under this Schedule 5, you must provide the following information under Clause 4.2 and/or 4.3 of t he Al Ain International Airport Conditions of Use: •

the number of disembarking and Embarking Passengers on your aircraft operating at the Airport on each day,

with Transit Passengers, Transfer Passengers, Infants and Positioning Crew shown separately.

SCHEDULE 6 - (clause 12.2) - Procedure for moving/removing Ai rcraft by ADAC

In the event that we are required to move/remove an aircraft as a result of a failure by you to comply with an order issued to you under these Conditions of Use: 1.

we will, where applicable, follow the procedures for the recovery of disabled aircraft set out in our Airport Operations Manual.

2.

3.

in other cases, we will provide you with as much notice as is, in all the circumstances, reasonably practicable: (a)

that we intend to move/remove the aircraft;

(b)

of the proposed location to which the aircraft is to be relocated;

(c)

of the means by which we intend to move/remove the aircraft; and

(d)

of any Conditions which may apply to your recovery of the aircraft.

in the event that the notice referred to in paragraph 2 is not practicable we will notify you, as soon as possible that: (a)

we have moved/removed the aircraft;

(b)

the location to which the aircraft has been moved; and

(c)

any Conditions which may apply to your recovery of the aircraft.

SCHEDULE 7 - Facilities and Services Air cr aft m ov emen t fac il iti es and ser vi ces •

Airside grounds, runways, taxiways and aprons

•

Airfield lighting, airside roads, airside lighting

•

Airside safety

•

Nose-in guidance/marshalling

•

Aircraft parking

•

Visual navigation aids

Passenger processing facilities and services •

Forward airline support areas services

•

Aerobridges, airside buses

•

Departure lounges and holding lounges (but excluding commercially important persons lounges)

•

Immigration and customs service areas

•

Public address systems, closed circuit surveillance systems and security systems

•

Baggage make-up, baggage handling and baggage reclaim

•

Public areas in terminals, public amenities, public lifts, escalators and moving walkways

•

Flight information display systems

•

Landside roads, landside lighting and covered walkways

Airline Start-Up Information

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