Conditions of Use & Airport charges Effective 1st April 2021 Edition No 1 Dundee Airport Limited www.hial.co.uk/dundee-airport Conditions of Use & Airport charges Introduction Dundee Airport Limited (Company Number SC325066 ("Dundee Airport") operates Dundee Airport ("Airport") at Riverside Drive, Dundee, DD2 1UH. Dundee Airport was incorporated in Edinburgh on 7th June 2007 as a private limited company under the Companies Act 1985. Dundee Airport is a subsidiary of Highlands and Islands Airports Limited ("HIAL"). The Scottish Ministers are the ultimate controlling party of Dundee Airport. The Conditions of Use set out in this document apply to the Airport replace previous issues. These Conditions of Use apply (to the exclusion of all other terms and conditions) to any use of the Airport by an operator, airline or a handling agent. Any such use by, or on behalf of, such an entity shall be deemed to be acceptance of these Conditions of Use, and thus will form a legally binding contract between Dundee Airport and the relevant using entity on these Conditions of Use, and thus will form a legally binding contract between Dundee Airport and the relevant using entity based on these Conditions of Use. To be clear (and without limitation) where an aircraft lands at the Airport that is deemed to be use of the Airport by both the operator of the relevant aircraft and the relevant airline. Additional copies of the Conditions of Use are available at www.hial.co.uk/dundee-airport or at Dundee Airport’s registered office: Dundee Airport Limited Inverness Airport Inverness IV2 7JB Tel: 01667 464 000 Fax: 01667 464 300 E-mail: [email protected] Any queries regarding payment of charges should be made to the Finance department at the above address. Dundee Airport Limited's Operating Procedures are set out in Appendix 2. Page | 1 Edition No 1 Dundee Airport Limited www.hial.co.uk/dundee-airport Conditions of Use & Airport charges 1 Definitions and interpretation 1.1 In these Conditions the following definitions apply: Affiliate means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity; Airport means Dundee Airport, Riverside Drive, Dundee, DD2 1UH; Aviramps means passenger boarding ramp for embarking and disembarking passengers; Bribery Laws means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010 and all other applicable UK legislation, statutory instruments and regulations in relation to bribery or corruption and any similar or equivalent legislation in any other relevant jurisdiction; Business Day means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in Scotland; Conditions means the Dundee Airport terms and conditions of supply set out in this document; Confidential Information means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract; Contract means the agreement between the Dundee Airport and the Customer for the supply and purchase of Services incorporating these Conditions and the Order; Control has the meaning given to it in section 1124 of the Corporation Tax Act 2010 ; Controller shall have the meaning given to it in applicable Data Protection Laws from time to time; Customer means the person who purchases the Services from Dundee Airport and, where applicable, whose details are set out in the Order; Data Protection Laws means, as binding on either party or the Services: (a) the GDPR; (b) the Data Protection Act 2018; (c) any laws which implement any such laws; and (d) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; Data Subject shall have the meaning given to it in applicable Data Protection Laws from time to time; Page | 2 Edition No 1 Dundee Airport Limited www.hial.co.uk/dundee-airport Conditions of Use & Airport charges Force Majeure means an event or sequence of events beyond a party's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s workforce or its suppliers’ workforces, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay; GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679; Intellectual Property Rights means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; (e) to which the relevant party is or may be entitled, and (f) in whichever part of the world existing; Modern Slavery Policy means the Supplier's anti-slavery and human trafficking policy in force and notified to the Customer from time to time; Order means the order for the Services from Dundee Airport placed by the Customer in substantially the same form as specified by Dundee Airport from time to time. Any use by a Customer of any of the Services at the Airport shall be an order for the Services used. In particular, the owner and the operator of any aircraft that lands at any Airport shall be deemed to have ordered the Services used by either the owner or the operator of the aircraft or both at that Airport; Price has the meaning set out in clause 3.1; Protected Data means Personal Data received from or on behalf of the Customer in connection with the performance of Dundee Airport’s obligations under the Contract; Regulations means any law, enactment, regulation, and regulatory policy, guideline, requirement and industry code of any Regulatory Authority (including good practice codes) applicable to any part of the services or the supplier or the Customer; Regulatory Authority means any person having governmental, regulatory, supervisory or other competent authority under any applicable Regulations over any part of the Services or the Supplier or the Customer; Page | 3 Edition No 1 Dundee Airport Limited www.hial.co.uk/dundee-airport Conditions of Use & Airport charges Services means the Services set out in the Order or understood by the parties to be included in the Services and to be performed by the Supplier for the Customer, particulars of which are set out in the Schedule to these Terms and Conditions from time to time; Specification means the description or specification of the Services set out or referred to in the Order or as used by the Customer at the Airport; Supplier means Dundee Airport Limited, registered in Scotland with Company Number SC325066; and VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services. 1.2 In these Conditions, unless the context requires otherwise: (a) any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions; (b) a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns; (c) a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns; (d) a reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established; (e) a reference to a gender includes each other gender; (f) words in the singular include the plural and vice versa; (g) any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words; (h) a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form ; (i) without prejudice to the provisions of clause 15, a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract; and (j) without prejudice to the provisions of clause 15, a reference to legislation includes all subordinate legislation made from time to time under that legislation. 2 Application of these Conditions 2.1 These Conditions apply to and form part of the Contract between the Supplier and the Customer. They supersede any previously issued terms and conditions of purchase or supply. Page | 4 Edition No 1 Dundee Airport Limited www.hial.co.uk/dundee-airport Conditions of Use & Airport charges 2.2 No terms or conditions endorsed on, delivered with, or contained in the Customer's purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that the Supplier otherwise agrees in writing.