GENERAL TERMS AND CONDITIONS
SmuuthCare AS – operated by Sun-Air Of Scandinavia AS
1. DEFINITIONS
1.1 “SC” means SmuuthCare AS, VAT No. DK41665661.
1.2 “Customer” means the legal or natural person entering into a contract with SC.
1.3 “Passenger”/ “Patient” means the individual transported under the contract.
1.4 “Air Ambulance Services” means medical air transport services including positioning flights and medical crew services.
1.5 “First Movement” means the time at which the aircraft or crew begins operational movement in preparation for the mission.
2. SCOPE OF APPLICATION
2.1 These General Terms and Conditions apply to all quotations, confirmations, contracts and services provided by SC unless otherwise agreed in writing.
2.2 Conflicting terms proposed by the Customer shall not apply unless expressly accepted in writing by SC.
2.3 The Customer is responsible for communicating relevant contractual information to the Passenger (Patient).
3. CONTRACT FORMATION AND REGULATORY FRAMEWORK
3.1 A binding contract is formed only upon written confirmation by SC.
3.2 All flights are operated under the AOC (Air Operator Certificate) of Sun-Air of Scandinavia AS, which acts as the Operating Air Carrier for the purposes of applicable aviation law, including the Montreal Convention and relevant EU regulations.
3.3 Any liability arising under the Montreal Convention shall rest with the Operating Air Carrier.
3.4 The Operating Air Carrier maintains aviation liability insurance in accordance with Regulation (EC) No 785/2004.
3.5 SC acts solely as contractual service provider and medical mission coordinator.
3.6 All medical personnel provided, including doctors and nurses, are independent professionals. SC does not employ or control the medical decisions of such personnel, and the Customer acknowledges that SC shall not be liable for medical assessments, treatments, or professional decisions made by the medical crew during the mission.
3.7 All services are subject to aircraft availability, medical clearance, crew duty time limitations, operational feasibility and required governmental approvals. SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
3.8 Carriage performed by SC is subject to the following legal and regulatory framework, as amended and to the extent applicable:
(a) The Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) (“Montreal Convention”),
(b) Regulation (EC) No 2027/97 on air carrier liability, as amended by Regulation (EC) No 889/2002,
(c) Applicable Danish aviation legislation and mandatory European Union aviation safety regulations.
3.9 Regulation (EC) No 261/2004 does not apply to dedicated medical or air ambulance missions.
Where any provision of these Terms conflicts with mandatory law, such mandatory provisions shall prevail.
4. PRICING AND ADDITIONAL COSTS
4.1 All prices are quoted in EURO (EUR).
4.2 The quoted price includes the agreed route and standard medical configuration unless otherwise specified.
4.3 The following are not included unless explicitly stated:
- Ground ambulance transport
- Aircraft de-icing
- Airport extensions or special handling
- Additional traffic rights
- Unforeseen operational costs beyond SC’s control
- Special medical equipment not included in the original quotation
4.4 If sea-level or low-cabin pressure flight becomes medically necessary, SC reserves the right to apply a surcharge to the total contract price.
4.5 If diversion becomes necessary due to weather, airport closure, or operational restrictions beyond SC’s control, resulting additional costs shall be borne by the Customer.
4.6 If the mission must be interrupted due to unforeseen medical or operational complications, all additional operational costs shall be charged to the Customer. SC is not responsible for hospital or medical costs incurred on the ground.
5. PAYMENT TERMS
5.1 Unless otherwise agreed in writing, full payment is due prior to First Movement.
5.2 Payment shall be made by wire transfer only.
5.3 Payment is considered received when funds are credited to SC’s designated account. SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
5.4 In case of delayed payment, SC reserves the right to suspend or cancel the mission and charge applicable cancellation fees.
5.5 The obligations of SC to perform the flight(s) shall apply only upon receipt of payment.
5.6 Statutory Danish default interest shall apply to overdue amounts.
6. MEDICAL AND OPERATIONAL REQUIREMENTS
6.1 The Customer must provide accurate medical reports, Passenger (Patient) details, travel documentation and hospital contact details prior to first movement. Failure to provide accurate and complete information may result in SC declining to commence or continuing the mission. SC shall not be liable for consequences arising from incomplete, inaccurate, or outdated medical information.
6.2 SC reserves the right to decline or abort a mission if the Passengers (Patients) condition materially differs from the medical report, required documentation is missing, or safety requirements are not fulfilled.
6.3 The Customer shall indemnify and hold harmless SC and the Operating Air Carrier from any claims, losses or liabilities arising from:
- inaccurate or incomplete medical information
- failure to obtain required documentation
- acts or omissions of the Passenger (Patient) or accompanying persons
6.4 The Captain has final authority regarding flight safety, routing and operational decisions.
7. FORCE MAJEURE
7.1 SC reserves the right to reschedule, postpone, cancel or divert the flight if it cannot be operated as scheduled due to force majeure including but not limited to war, civil unrest or similar events, strikes, blockades, lockouts, quarantines, pandemics, hijacking, acts of terrorism, requisition, confiscation, detention, weather conditions, air traffic control restrictions, crew duty time limitations, technical issues, airport slot restrictions, sanctions or medical deterioration of the Passenger (Patient) or any other force majeure situation. This also applies in the event of other circumstances beyond SC’s control, or when the captain or SC’s staff determine that the safety of the Passengers (Patients) or crew is at risk.
7.2 In such cases as mentioned above in clause 7.1, SC may reschedule, postpone, cancel or divert the mission without liability for consequential damages.
7.3 SC is not liable for any subsequent transport cost or other costs imposed on the Customer or Passenger (Patient) because of cancellation or diversion arising from the events stated in clause 7.1.
8. LIABILITY
8.1 The liability of SC for death or personal injury is governed by the Montreal Convention, Regulation (EC) No 2027/97 as amended and applicable Danish law. SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
8.2 Pursuant to the applicable regulation, SC’s liability for death or personal injury is unlimited; however, SC may reject or limit liability for amounts exceeding SDR 151,880 if SC can demonstrate that SC or its employees took all necessary measures that could reasonably have been required to avoid the accident. Furthermore, SC may be fully or partially released from liability if SC can establish that the accident was wholly or partly caused by the claimant.
8.3 SC shall not be liable for any deterioration of pre-existing medical conditions of the Passenger (Patient), the outcome of any medical treatment, or for any medical assessments, treatments, or professional decisions made by the independent medical personnel and/or third-party medical providers engaged for the mission, as referenced in Clause 3.6. Such medical personnel act as independent professionals and are not under the direction or control of SC with respect to medical matters. SC shall furthermore not be liable for any indirect, incidental, or consequential losses, except in cases of gross negligence or willful misconduct by SC.
8.4 The decision to transport the Passenger (Patient) remains the responsibility of the referring physician.
8.5 Neither SC nor the Operating Air Carrier guarantees any medical outcome.
8.6 All medical personnel act under their own professional responsibility.
8.7 Any claim must be brought within two (2) years in accordance with the Montreal Convention.
8.8 Total liability shall never exceed legally applicable limits.
9. LUGGAGE AND ACCOMPANYING PERSONS
9.1 Luggage is subject to aircraft limitations and Captain approval.
9.2 The captain of the aircraft has the right to reject Passengers (Patients) and/or goods at any time if this is required due to safety reasons. All orders, directions, and instructions from the captain of the aircraft, any crew member or other member of SC shall be strictly complied with by the Customer and all Passengers (Patients).
9.3 Dangerous goods and prohibited items are not permitted in accordance with EU aviation regulations. Dangerous goods include, but is not limited to, compressed gases (inflammable, nonflammable and poisonous), corrosive materials, wet batteries, explosive materials, weapons, ammunition, fireworks, inflammable liquids, paint, lighter gas, matches, bleaching agents, magnetic materials, oxidizing liquids and radioactive materials.
9.4 SC may refuse carriage of luggage or accompanying persons if required for safety or operational reasons.
9.5 Medical equipment, oxygen cylinders and batteries necessary for patient care may be carried in accordance with ICAO Technical Instructions and EU aviation safety regulations.
9.6 SC is liable for delay, loss, or damage to baggage or goods only if such loss or damage occurs while the items are in the custody of SC; However SC shall not be liable for loss or damage caused by the condition of the baggage or goods or any pre-existing defects, insufficient packaging SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
performed by anyone other than SC, SC staff, or persons acting on behalf of SC, acts of war, armed conflict, or hostilities or actions by public authorities in connection with import, export, or transit of the goods. Liability shall be limited in accordance with applicable regulations to:
A. Delay SDR 6,303 per Passenger (Patient),
B. Baggage SDR 1,519 per Passenger (Patient),
C. Goods SDR 26 per kg goods.
Baggage or goods with a declared value exceeding the above limits must be declared to SC prior to the flight, and either a supplementary charge must be paid, or the items must be fully insured by the Customer or Passenger (Patient).
10. CANCELLATION POLICY
10.1 Cancellation must be made in writing and is effective upon receipt by SC.
10.2 The following cancellation fees apply:
- 25% of the total price if cancelled less than 72 hours prior to First Movement,
- 50% of the total price if cancelled less than 48 hours prior to First Movement,
- 75% of the total price if cancelled less than 24 hours prior to First Movement
- 100% of the total price if cancelled after First Movement.
10.3 If the Customer or Passenger (Patient) cancels a flight within the timeframe outlined in the above clause 10.2, SC is entitled to a cancellation fee pursuant to the terms of the Agreement.
10.4 These amounts constitute agreed liquidated damages. SC reserves the right to claim additional documented costs incurred.
11. THE FLIGHT AND CANCELLATION
11.1 Performance of the flight is subject to all necessary and obtainable authorizations, including but not limited to takeoff clearance, overflight permits and landing permission.
11.2 If SC is unable to perform or complete a flight, or if a delay or diversion occurs as a result of any act or omission by the Passenger (Patient) or Customer, SC shall have no obligation or liability to the Passenger (Patient) or Customer for such failure, delay, or diversion.
11.3 Furthermore, The Customer shall compensate SC for any waiting time resulting from delays or diversions caused by the Patient or Customer, as described in clause 11.2 above. If such waiting time exceeds three (3) hours, SC shall be entitled to cancel the affected flight. SC shall not be liable to the Customer or Passenger (Patient) for any losses, expenses, or additional costs incurred as a result of such cancellation.
11.4 Passengers (Patients) who fail to be present at the designated departure airport in sufficient time for boarding and departure shall remain the sole responsibility of the Customer. The Customer shall be liable for, and shall indemnify and hold harmless SC, its officers, directors, employees, and agents from, any claims, expenses, or costs arising from such failure. SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
11.5 If, for any reason beyond the reasonable control of SC, a flight cannot be performed, completed, or is delayed, SC shall have no obligation or liability to the Customer or Passenger (Patient). In the event the aircraft is diverted from the intended destination, the flight shall be deemed completed upon arrival at the airport to which the aircraft has been diverted.
11.6 Operational decisions regarding routing and fuel stops remain at the sole discretion of the Captain and the Operating Air Carrier.
11.7 SC is in no way responsible for costs incurred after the Passenger (Patient) has arrived at the destination in any situation.
12. DATA PROTECTION
12.1 SC shall process personal and medical data of the Passenger (Patient) in strict compliance with the EU General Data Protection Regulation (GDPR) and the Danish Data Protection Act. Such data shall be used solely for the performance of the contract, including operational, medical, and safety requirements, as well as compliance with applicable aviation and legal obligations.
12.2 The Customer warrants that all necessary consents and authorizations from the Passenger (Patient) have been obtained to allow SC to process personal and medical data in accordance with clause 12.1.
12.3 The Customer shall indemnify and hold SC harmless against any claims, losses, or liabilities arising from the failure to obtain such consents. The Customer shall ensure that all personal and medical data provided to SC is accurate, complete, and up-to-date, and shall notify SC of any changes prior to First Movement.
12.4 SC shall process only the personal and medical data necessary and shall implement appropriate technical and organizational measures to protect such data against unauthorized access, loss, or disclosure.
12.5 SC shall process personal and medical data of the Passenger (Patient) solely for the purpose of performing the contract, including but not limited to:
- Medical assessment and planning of care,
- Flight planning, operational coordination, and safety management,
- Communication with hospitals, medical personnel, and relevant authorities, and
- Compliance with applicable aviation, legal, and regulatory requirements.
12.6 Personal and medical data will be retained only for as long as necessary to perform the contract and comply with legal obligations.
12.7 SC may share personal and medical data with third-party service providers, operating carriers, hospitals, medical personnel, or relevant authorities solely to perform the contract and comply with legal or regulatory obligation. SmuuthCare AS | VAT: DK41665661 | Version 01 February 2026
12.8 Passengers (Patients) may exercise their rights under relevant legislation by contacting SC, including rights of access, rectification, restriction, or erasure of their personal data, to the extent permitted by law and necessary for the performance of the contract.
13. GOVERNING LAW AND JURISDICTION
13.1 The Contract of Carriage, any carriage of Passengers (Patients) performed pursuant thereto, and any related services provided by SC shall be governed by and construed in accordance with: (a) The Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) (“Montreal Convention”), where applicable; (b) Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of Passengers (Patients), and their baggage by air, as amended by Regulation (EC) No 889/2002; (c) Applicable Danish aviation legislation, including the Danish Air Navigation Act (Luftfartsloven) and (d) The substantive laws of Denmark.
13.2 To the extent that the Montreal Convention or other mandatory international or European Union regulations apply, such provisions shall prevail over any conflicting provisions of these Terms.
13.3 Any dispute arising out of or in connection with the Contract of Carriage or these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Denmark.
14. FINAL PROVISION
14.1 Unless otherwise agreed in writing, these General Terms and Conditions apply to all contracts concluded with SC.
