Acuerdo de manejo en tierra, Traducciones de Ciencias Aplicadas a la Actividad Profesiona

¡Descarga Acuerdo de manejo en tierra y más Traducciones en PDF de Ciencias Aplicadas a la Actividad Profesiona solo en Docsity! “IATA” Standard Ground Handling Agreement (SGHA) This “IATA” Standard Ground Handling Agreement (SGHA) (the “Agreement”) is made and effective [September 15,2022], BETWEEN: [SERVICIOS VENEAVSEC C.A.] Hereinafter defined and referred to as (the “Assistant Company”), a corporation organized and existing under the laws of the [ República Bolivariana de Venezuela], with its head office located at: Urb. Week-end, Tercera Transversal, Edif. Victoria, Piso 1, Ofic. 1A, Urimare, Municipio Vargas, Estado La guaira (antes Vargas) Venezuela. Duly registered in the Tax Information Registry (R.I.F) under the following Number J-29676576-6. AND: [NORD WIND LIMITED LIABILITY COMPANY “LLC”] Hereinafter defined and referred to as (the "Transport Company"), a foreing corporation organized and existing under the laws of the [Russian Federation], with its head office located at: Municipal District, Aeroport, Kokkinaki str., Building 4, room 2/1, Moscow 125319, Russia. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the “Assistant Company” and the "Transport Company", and both referred to as The Parties, hereby agree as follows: TERM AND TERMINATION From: September fourteen (14), two thousand and twenty-two (2022).- Until: September fourteen (14), two thousand and twenty-three (2023).- The following “IATA” Standard Ground Handling Agreement (SGHA), will be applicable and will be in force (valid) for all Airports approved and authorized by the Aeronautical Authority (INAC) in the operational specifications of SERVICES VENEAVSEC CA, section A5 and D1.- Replaces: None.- I. SERVICES PROVIDED AND DEFINITIONS 1.1 The Assistance Services - AVSEC Security contracted between the “Assistant Company” and the “Transport Company” are provided by operation.- 1.2 “Operation” means or is understood as both, the arrival and departure of an Aircraft at the Airports where the “Transport Company” offers its services, that which is inherent to civil aviation safety procedures, according to what is established in the current technical standard and the Safety Program of the “Transport Company”. II. POSITIONS TO BE COVERED 2.1 For the contracted assistance service, the number of agents will be supplied according to the type of Aircraft used or requirement by the Transport Company and the Aeronautical Authority.- 2.2 The lack of agents in the service points or (positions) will be debited from the invoice proportionally to those not covered according to the rate for operation of the “Transport Company".- 2.3 The service positions to be covered by the “Assistant Company”, at the request of the Transport Company; are described below:- 2.3.1 Presentation Station Agent (Counter Agent): a) The security agent must be present at the counters, before the traffic personnel begin their operations, at the time established by the “Transport Company"- b) Verify that traffic personnel place the respective "bag tags" (luggage identifier), and the descriptive code of the luggage (IATA Code) on each piece of checked baggage.- ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. c) Authorize the platform attendant or assistant (“porter”), to send any piece that has been checked and registered in the checked baggage format at the check-in point.- d) The aforementioned, will inform via radio to the security agent located in the shipping belts, of each one of the pieces of luggage sent to that area, as well as the "bag tags" (luggage identifier) or descriptive code of the first and last piece sent. e) In the event of broken or open luggage, the security agent located at the check-in point due to deterioration, will verify that the traffic personnel place the "Limited Release" label on each piece in order to evince (demonstrate) the risk and record its condition and will record its registration in the format of counters said amount.- f) If the situation of pieces of luggage traveling unaccompanied occurs, the aforementioned will place the "Rush" label and record its quantity in the counter format.- g) When the removal of any part that is not shipped occurs, you must cancel in the format.- h) In the same way, the Counter Agent will inform the security agent located in the belts via radio, the number of pieces of luggage without identification "bag tags" (luggage identifier) that will be sent.- i) In case of change of "bag tags" (luggage identifier), the Counter Agent will record the cancellation in the counter format ("CXLD") and the reason for the change.- j) The Counter Agent will record the amount of mail received from the “Transport Company” (comail).- k) In case of receiving luggage in transfer, it will note the number of "bag tags" (luggage identifier) and the name of the Transport Company of the pieces in transfer and will verify with the traffic personnel, the number of pieces.- l) The Counter Agent must remain in the counter until the personnel of the “Transport Company” indicate the closing of the flight.- m) The Counter Agent will comply with the civil aviation security procedures established by the current technical standards and by the Transport Company's Security Program. 2.3.2 Security agents of the baggage classification and distribution areas (Straps or Baggage Belts):- ● It is located in the baggage classification and distribution area. It confirms via radio to the security agent of the Presentation Post the number of pieces of checked baggage received and a description of the first and last piece.- ● Record the "bag tag" number in the checked baggage format on straps or apply the procedure established by the transport company and approved by the aeronautical authority in its Security Program.- ● In case of receiving baggage in transfer, the security agent informs the security agent located at the presentation station via radio of the number of "bag tags", if the baggage in transfer does not belong to the carrier, the name of the carrier must be indicated , with the data of the person in charge who delivers the luggage.- ● In case of receiving an unidentified baggage (without a "bag tag"), you must inform the agent of the presentation point (counter agent) of the novelty, so that the personnel of the Transport Company take the pertinent measures.- ● The security agent indicates to the platform attendant in which container to place the luggage and once the distribution is complete, he awaits instructions from the platform coordinator for the transfer and custody of the same to the aircraft holds.- ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. ● The Agent must inspect the vehicle in which the trolleys and supplies will be transported.- ● Items and trolleys will be loaded onto the vehicle and then onto the aircraft under the constant custody of the security agent,- ● The Agent must escort the vehicle from the provisions and supplies preparation facilities to the aircraft.- ● The Agent must deliver the supplies to security personnel. auxiliaries that are on board the aircraft and verify that they complete the forms requested by the Transport Company, such as the Filling out the respective delivery format.- ● Any modification or changes that are deemed necessary to implement to optimize the provision of the contracted services, at the request of both the Assistant Company and the Transport Company; other than those established in clause 2.3 of this contract, must be discussed and approved in writing between the parties, represented for the specific case by the Director of Security of the Transportation Company and, by the Directorate of Security in conjunction with the Coordination of Quality Control of the Assistant Company.- ● These modifications or approved changes will become part of this contract through an "Addendum". Any modification or changes that are deemed necessary to implement to optimize the provision of the contracted services, at the request of both the Assistant Company as the Transport Company; other than those established in clause 2.3 of this contract, must be discussed and approved in writing between the parties, represented for the specific case by the Director of Security of the Transportation Company and, by the Directorate of Security in conjunction with the Coordination of Quality Control of the Assistant. III. RATES 3.1 The rates to be charged by the Assistant Company to the Transport Company for each operation handled are detailed in the table attached to this contract, according to the aircraft, model Boeing 777-200 or will be adjusted to the model as required by The Contractor Company.- 3.2 In the event of any variation in the number of agents provided to cover the different positions established in this contract, the Assistant Company will charge the Transport Company twenty percent (20%) of the rate established for the service, for each additional agent.- 3.3 Variations in the hours or number of AVSEC security agents agreed in this document require the prior authorization of the Director of Security of the Transport Company. The invoicing of the hours of additional agent will be carried out independently and supported by the requests of the representative of the Transportation Company.- 3.4 The rates established in this contract may be increased due to increases in variables or depreciation of the currency that affect the cost structure of the service, in which case The Assistant Company, prior communication via email, will notify The Transport Company. The increases in the rates established in this numeral will be understood to be automatically accepted by the Transport Company if it is not stated by means of a written communication to the Assistant Company, receiving the notification without response within seven (7) days of receipt, in which case it will be will set a meeting with the representatives of the parties of those areas involved in the agreement and decision-making in this matter in writing.- ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. 3.5 The rates do not include national taxes such as: Value Added Tax (VAT) and taxes or percentages of Variable fee charged by airports. The Assistant Company will detail them in the invoice of the month corresponding to the services provided to The Carrier Company at that airport, so that said charge is not understood as part of its costs and profits. The taxes and variable canon percentages are established by the airports and their variations and increases do not depend on the Assistant Company 3.6 For the services contracted during the night hours from nine post meridian to five before meridian (09:00 p.m. 05:00 a.m.) the rates will have an increase of twenty percent (20%).- IV. OPERATIONS 4.1 In case of flights delayed in more than thirty (30) minutes, after the completion of the time stipulated for the service six hours (06) hours for international flights, the Transport Company will pay The Assistant Company, the amount equivalent to ten per one hundred (10%) of the cost of the service for each hour of delay established in the taritas; if the delay exceeds three (03) hours for international flights, it will generate the payment of another service. The charges established in this clause will not be applicable if the delays in the flights of the Carrier are due to causes of force majeure, such as; adverse weather conditions at airports, whether origin or destination, closure of airports, natural disasters, government orders or for reasons attributable to the Company of the Assistant Company for its management, employees, equipment, permits and its own reasons, as in any case due to its cause attributable to the Assistant Company The service time of an operation will begin to count from the time of the start of the check-in at the presentation station and will end with the takeoff of the aircraft.- 4.2 Assistance services (AVSEC security), in the event of a technical scale, will be invoiced at fifty (50%) of the rate stipulated in this contract, as long as there are no activities that generate the provision of the service (loading and unloading of baggage, baggage check counters, etc.), in which case one hundred percent (100%) of the stipulated rate will be billed.- 4.3 In the event that the Transport Company does not notify the Assistant Company at least Six (06) hours in advance of the scheduled departure of a flight of the cancellation, suspension or change in its itinerary, the Assistant Company will apply the charge established in this contract as a technical scale cost.- 4.4 The assistance service in case of return to the platform, will not give rise to a new billing, as long as there are no activities that generate the provision of the services of the Assistant Company, such as loading and unloading of luggage, loading, among others, in which case the price equivalent to fifty percent (50%) of the fixed rate will be invoiced.- 4.5 When the "custody" service of the aircraft is required, twenty-five percent (25%) of the service per hour will be charged.- V. ADDITIONAL SERVICES 5.1 Other security services provided by the Assistant Company to the Transport Company will be understood as those that are not described in this contract, also involve the provision of AVSEC services (as long as the staff is available to provide additional services). 5.2 Likewise, the Transport Company may request other service positions in addition to those established in this contract, in accordance with the security procedures established in its Security Program. 5.3 The procedures established in the Transport Company or (Carrier) Security Program will be an integral part of this contract.- VI. ADDITIONAL FEES ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. 6.1 All services not included in this contract will be charged as established in paragraph 3.2 of this contract, rates.- VII. SUBCONTRACTING OF SERVICES 7.1 The Assistant Company may not subcontract the services stipulated in Paragraph 2 of this contract without prior written agreement with the Transport Company.- 7.2 Notwithstanding the foregoing, if the Assistant Company subcontracts the provision of all or some of the services indicated above with the authorization of the Transport Company, the former continues to be responsible to the Transport Company for the execution of this Contract. 7.3 The Assistant Company will ensure that the subcontracted company complies with the provisions of the Venezuelan Aeronautical Regulations regarding the certification of its operations. VIII. PRICE AND PAYMENT. 8.1 The Assistant Company will deliver the invoices generated at each airport with their corresponding support (service order forms) to the Security Directorate or its equivalent of the Transport Company, for verification and approval in relation to the number of operations attended. monthly. Once the services provided have been verified and confirmed, the Transportation Company's Security Department returns the signed and stamped invoices to the Assistant Company.- 8.2 The Assistant Company delivers the signed and stamped invoices to the Administration Department or its equivalent in the administrative offices of the Transport Company on a weekly basis, during the first working days of the week for the provision of services, as well as the corresponding supports (formats service orders).- 8.3 The Assistant Company will invoice weekly the invoices issued in the name of the Transport Company must be canceled within a period of five (05) days after delivery and acceptance. If there are observations about the invoicing presented by The Transport Company, they must be expressed in writing or verbally to the Assistant Company before the end of the period set for payment.- 8.4 For cases in which the Transport Company incurs in delay or default in payment according to the term established in this contract, being obligations fully enforceable from the date of expiration of the invoice, without an explainable cause for said delay or default. , the Assistant Company will charge default interest for delay or default in payments, it will be calculated in accordance with article 108 of the Venezuelan Commercial Code.- IX. PERSONNEL (STAFF) 9.1 The Assistant Company must have in the areas where the Transport Company is located the necessary and trained personnel to adequately provide the contracted services, during all the time that the operations of the Transport Company are active. It is the obligation of the Assistant Company, as the case may be, to always keep replacement employees available in order to immediately replace the personnel assigned to the Transport Company so as not to cause any interruption, delay or alteration in its operations.- 9.2 The Assistant Company guarantees that the personnel who provide services under this contract carry out their daily functions with impeccable personal appearance, with uniform and all the necessary hygiene and safety elements.- 9.3 The personnel employed by the Assistant Company for the execution of this contract will not have an employment relationship with The Transport Company and, consequently, the salaries and social benefits and indemnities of the personnel will be borne by and the exclusive legal responsibility of The Assistant Company. . The Assistant Company will ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. notify their personnel in writing of the risks associated with the service provided; as well as how to prevent them, forcing them to deliver and provide them with the tools, uniforms and work supplies necessary for such purposes.- 12.10 The Parties mutually agree to act in compliance with everything related to Industrial Safety, Occupational Safety and the use of the Respective Safety Equipment, which are required for the effective and safe performance of the service agreed in this contract, equipment that are established in the Organic Law on Prevention, Conditions and Work Environment ("LOPCYMAT"). In case of accidents or death of some of the Workers of any of the Parties in the execution of this service contract, each party will be individually and fully responsible for their worker. Each one of the parties to this contract will only be obliged to respond, in the event of any accident or death of any worker, for their own workers and never for misfortunes befalling the workers of the other party.- 12.11 The parties undertake to keep updated the Social Security Registry of each Worker who is involved in the provision of the services agreed in this contract.- 12.12 In accordance with the provisions of article 57 of the LOPCYMAT, there will be no liability of the Parties with respect to the other party, in terms of occupational misfortunes, since the service agreed in this contract does not constitute an activity inherent or related to the corporate purpose. of the Transport Company.- 12.13 Likewise, the parties undertake not to offer an employment contract to personnel who are in an active working condition within them, nor during their internal processes of recruitment and selection of personnel, nor when the culmination of this contract takes place, as established in PARAGRAPH 14; in order not to violate or affect the activities of each one in their commercial activities to avoid unfair competition.- XIII. CHANGE OF ITINERARIES 13.1 The Transport Company or (Carrier's) itinerary changes must be informed to the Assistant Company with due anticipation, in accordance with the provisions of paragraph 4, number 4.3.- XIV. DURATION OF THE CONTRACT 14.1 This contract will have a duration of one (01) years, being the same automatically extendable for periods of equal time, without requiring the written communication of any of the parties.- 14.2 If any of the parties wishes to terminate this contract, they must notify the other in writing, at least thirty (30) continuous days in advance, counted from the expiration date of the contract.- 14.3 Likewise, any of the contracting parties may terminate this contract at any time, without incurring any penalty and without the need for just cause, by means of a written notice sent to the other party considering at least thirty (30) days for the settlement of the commercial relationship.- 14.4 When the Transportation Company is the interested party in the termination of this contract, due to expiration or voluntary cause; the amounts owed for the services provided by the Assistant Company must be paid in full in accordance with the provisions of Paragraph 8 of this contract.- XV. CONFIDENTIALITY 15.1 The parties undertake to give confidential treatment to the information exchanged by both companies in order to comply with the provisions of this Agreement, information that may not be disclosed to third parties except with the express written consent of the other party, or in the case of being required by any competent authority.- ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties. XVI. GOVERNING LAW AND ARBITRATION 16.1 Any controversy or difference that arises regarding the existence, extension, interpretation and fulfillment of this contract will be resolved exclusively and exclusively through arbitration in the City of Caracas, Venezuela, in accordance with the provisions of the General Regulations of the Arbitration Center of the Chamber of Caracas ("CEDCA"). The Arbitral Tribunal will be composed of (3) arbitrators, who will decide according to law.- XVII. NOTICES 17.1 All notices and communications must be sent in writing to the Administrative Offices of the parties, through their own courier services or by email with acknowledgment of receipt or courier service. XVIII. RESPONSIBLE. 18.1 By "the Transport Company" Limited Liability Company "NORD WIND".- Address Municipal District, Aeroport, Kokkinaki str., Building 4, room 2/1, Moscow 125319, Russia.- Representative or Deputy Manager.- Email: 18.2 By "the Assistant Company" Servicios Veneavsec, CA- Miguel Morillo Velásquez.- CIV-15.588.586.- Position: Legal Consultant.- Address: Urb. Week-end, Tercera Transversal, Edif. Victoria, Piso 1, Ofic. 1A Urimare, Municipio Vargas, Estado La guaira (antes Vargas) Postal Code: 1161 Telephones: 0212-3520204. T.Cell. Corp.: 0412 2209002 0412 2317567 Email:mmorillo@veneavsec.com XIX. APPENDANTS (RATES). No Content.- (“the Assistant Company” will reflect the rates on a separate exhibit) IN WITNESS WHEREOF, the parties have executed this Agreement on September 15, 2022, in Maiquetía, La Guaira state, Venezuela. For NORD WIND LIMITED LIABILITY COMPANY “LLC”.- Representative or Deputy Manager.- For SERVICIOS VENEAVSEC C.A.- (Illegible autograph signature) Mr. Miguel Morillo Velásquez.- Legal Consultant.- ________________________________________________________________________________________ Translator Disclaimer: This English version is a true and accurate translation of its original Spanish version. In case of discrepancy, the original version in Spanish will prevail. Likewise, we are not responsible for errors of substance (content) and form in this translation, since this translation follows the destination of the main contract, that is, its version in Spanish, which is duly signed by the contracting parties.