“ROGUE KNIGHTS” FROM HARMONY JETS IN MALTA ARE ALLOWED TO DO ANYTHING???
In order to understand why companies like HARMONY JETS can do what they do with impunity, I had to fly to Malta. So to speak, “to the stomping ground” of these crooks. Only on the spot was it possible to find out who was covering them - by their active actions or deliberate non-interference. And at the same time to understand why HARMONY JETS flights are cancelled, and their aircraft remain on the ramp.
I flew to Malta to participate in the MACE2024 conference. This annual event, which is organized by the Malta Business Aviation Association, attracts with its intimacy compared to such formats as NBAA BACE and EBACE, which gives participants more opportunities for closer professional communication in a more relaxed atmosphere.
One of the main aims of my trip was the desire to meet the CEO of HARMONY JETS PIERRE-OLIVIER EDOUARD and get a comment not only regarding the absolutely illegal terms of their charter agreement, described in my previous article. Since the publication of that article, the editors of BLACKLIST.AERO have received quite a lot of responses to it. People began to provide new, much more serious facts regarding HARMONY JETS, which we began to check and which received their direct or indirect confirmation from independent sources.
In particular, I was most interested in PIERRE-OLIVIER EDOUARD’s comments on the following issues:
1. The positive test for cocaine and marijuana that the captain of Falcon 10/100 H. da Silva took in Ibiza on June 8, 2024. After which two retests confirmed the initial finding.
2. The detention of Falcon 50 aircraft registration number 9H-DFS at Lyon airport by the French police on charges of systematically transporting dual-use and military goods (drone, small arms) to Benghazi (Libyan territory controlled by General Haftar’s forces). The aircraft was then parked at the airport for 5 months without authorisation to fly.
Of course, I was also interested in Pierre-Olivier’s position about their charter agreement. In particular, HARMONY JETS forces its clients to sign Charter Agreement according to which in case a flight is cancelled due to the operator’s fault and the client is not ready to accept other options, his payment for the flight is not refunded. The operator keeps this money on ‘deposit’, offering to use it within a year. The contract does not specify what should happen to the client’s money after a year???
I knew for sure from other conference participants that Pierre-Olivier was taking part in it, he was seen. However, he did everything to avoid being seen by me. When I wrote to him in a messenger, he replied: “My guys are at MACE, are you around? They are available” and sent me a number to contact.
Well, Pierre-Olivier’s fear of BLACKLIST.AERO really played a cruel joke on him. Hoping to hide behind someone else’s back, he thereby lifted the veil on why HARMONY JETS still exists despite the fact that their activities only vaguely resemble a classic business aviation operator.
Having received the number, I called it and immediately met with a man who refused to give his name, calling himself only “a lawyer representing the interests of HARMONY JETS.” When I asked him to hold a meeting in front of witnesses, in a hall where there were many conference participants, he only said: “Come on!”, turned away and walked away from prying eyes and ears.
Well, my curiosity got the better of me and I followed him and Harmony Jets’ sales director Marco Mazzoli who had joined us. Having moved as far away from the conference participants as possible, the “Lawyer” began his tirade that no one can tell them what to do and BLACKLIST.AERO has no authority to find out any details.
“You have no authorization to ask us questions and interfere with our activities, we do not recognize you! It is our own business how we deal with our clients. Let them go to court if they want,” he said, clearly wanting to show the young and dim-witted Marco Mazzoli how to communicate with “uninvited guests”.
It was obvious that this gentleman was not just aware of the clearly illegal clauses of the HARMONY JET charter agreement. During our conversation, I’ve come to believe that I was talking to the very person who invented these fraudulent clauses, making any customer indeed powerless after signing the charter agreement. He was clearly proud of himself, of his ability to distort the concept of justice or even basic common sense beyond recognition.
The comment regarding the positive cocaine test of the Falcon 10/100 pilot and the detention of the Falcon 50 for 5 months in France was extremely brief and extremely false: “I don’t know anything about it.” But, as is well known, any lawyer considers lying a professional necessity, so accusing a lawyer of lying is the same as accusing a butcher of dismembering animal corpses. As the saying goes: “He’s lying his ass off” ...
During our conversation, I asked the “Lawyer” to give his name three times. And three times he refused to do it. “You will write about our conversation later, won’t you?!” “I will definitely write,” I replied, and despite all this feigned impudence and self-confidence, I noticed real fear in his eyes. Yes, fear. This made me very wary – where did such, albeit feigned, self-confidence, bordering on rudeness, and at the same time such fear of giving his name come from?
Well, naturally, it was not difficult for me to check him out. Considering that he was constantly hanging around the MACE organizers and trying to show off his special status with his whole appearance. He turned out to be a certain Filippo Arcaleni. His name meant nothing to me. However, imagine my surprise when, in the evening after the first day of the conference, I found this gentleman on LinkedIn!
Give it up for Filippo Arcaleni - Vice-Chair of Aviation Lawyers Committee AMAC at the European Business Aviation Association (EBAA), Member of the Board of Directors at the Malta Business Aviation Association, Head of Business Development at the DF Advocates!
When I realized that the interests of HARMONY JETS are protected by a representative of the EBAA management, an organization that declares and promotes directly opposite norms of the charter agreement, protecting the rights of passengers equally with the rights of the operator, I was astonished.
Just shortly before that, I studied the Charter Guidelines which were developed by the EBAA Legal Committee in 2020. And in this document, EBAA recommends that operators in the event of an AOG event provide an alternative aircraft, while taking on additional costs, if any.
The Operator shall use its best endeavours to provide to the customer within 3 (three) hours from the occurrence of the AOG event
- either the expected delay to solve the AOG situation
- or an alternative solution such as a replacement aircraft, at the cost of the Operator.
If the flight delay is for three (3) hours or more, the Customer shall have the option to
cancel the part or parts of the flight trip not made due to the AOG event and to obtain reimbursement of the prorata of the charter price corresponding to part or parts of the flight trip cancelled, providing that the Customer shall remain liable to pay the part or parts of the flight trip already completed.
Amazed by such duplicity of EBAA’s Vice-Chair of Aviation Lawyers Committee I wrote Filippo Arcaleni on LinkedIn: “Well, Vice-chair of the EBAA lawyers committee and Board member of the MBAA developed the most fraudulent draft contract in the history of business aviation. Bravo! I’m impressed!”
The next day, during the second day of the conference, while I was talking to one of the conference participants, Filippo approached me, saying: “I read your comment. You made a big mistake writing this” and immediately took two steps back, at once starting to talk to someone else. When I tried to ask him a question, he rudely interrupted me: “And I am not talking to you anymore.”
Well, dear Filippo, such arrogant rudeness could be expected from a narrow-minded lawyer defending the interests of a shady company and acting in accordance with the profile of this company. But for Vice-Chair at the EBAA - it looks frankly obscene. I understand that you were trying to hide your insecurity behind feigned self-confidence. But all this behavior of yours at the conference feels like just a vulgarity. It seems that the EBAA functionaries found you on one of the beaches of St. Julian’s (I’ll politely assume that you probably worked there as a lifeguard), dressed you in a more or less decent suit and released you “into society”.
You see, rudeness is also an art. It is difficult to learn, it requires general intelligence and those skills that you will not be able to learn at the University of Perugia. I would recommend you to read more classical literature, go to the theater, to the opera. It manures, believe me. Because now... Well, having heard your speech, Professor Maurizio OLIVIERO would probably take your diploma back.
However, the issue of rudeness and duplicity of a local lawyer, who turned out to be an EBAA and MBAA functionary, is not the most important thing in this situation. As I already mentioned, Filippo Arcaleni is also the Head of Business Development at the DF Advocates company. When I started googling what kind of company this is, it turned out that the full name of the company is: ‘Deguara Farrugia Advocates’.
Just a few hours before, after the opening of MACE2024, I had a conversation with Chief Executive Officer at Transport Malta Kurt Farrugia. And when I started listing the above-mentioned facts regarding the HARMONY JETS company, asking Transport Malta to check them, upon hearing the name of the company, Kurt Farrugia immediately hurried, citing urgent matters.
Naturally, I wondered if Kurt Farrugia was connected with the company “Deguara Farrugia Advocates”. In fairness, it should be noted that Farrugia is a fairly popular surname in Malta. More than 11 thousand people bear this surname in this country. And Kurt Farrugia may be a simple namesake, and not a relative of DF Advocates co-owner Jean Carl Farrugia.
In this regard, I sent Filippo Arcaleni an official journalistic request with the following questions:
1. Did you take part in drafting the Charter Agreement for Harmony Jets, which includes the following items:
REFUND POLICY
In the event of an Aircraft on Ground (AOG) situation, the following proposals should be offered by the Carrier to the Charterer:
• Firstly, a different time of departure with the same aircraft; and then, if that is not available or the charterer is not happy with the first option and an aircraft is available:
• Another aircraft to carry out the same flight. Should any extra costs be incurred by the Carrier for this option, the Charterer is to incur these.
If both offers are not accepted, then a credit note will be issued by the Carrier to the Charterer for the amount advanced previously by the Charterer to the same Carrier, deducting all costs already incurred for the Aircraft, including insurance costs. This credit note can be used for any future flights requested by the Charterer to the Carrier within one year from its issue date and is not transferable.
Refunds from the Carrier to Charterer, if any, should only be made as a last resort and always to the same bank account which would have originally been utilised by the Charterer to advance the funds to the Carrier
LIABILITY OF CARRIER
a) The Carrier does not undertake any carriage as a common carrier.
b) Except as expressly provided within these terms and conditions the Carrier shall not be liable to the Charterer in any manner whatsoever (whether arising from the negligence of the Carrier, its employees or agents, or otherwise) for any loss or damage whatsoever (including without limitation consequential loss) provided that this shall not exclude or restrict the Carriers liability for death or personal injury resulting from the negligence of the Carrier, its employees or agents, unless required by applicable law.
c) All liabilities in relation to the carriage by air of passengers and their luggage shall be governed by the Conditions of Carriage of the Carrier, a copy of which is available on request.
d) The Charterer agrees to indemnify the Carrier and keep the Carrier indemnified against all liabilities, claims, costs and expenses whatsoever incurred to due to or claimed by any third party as a result of any such reason or circumstance save for liability for death or personal injury arising
as a result of the gross negligence or willful misconduct on the part of the Charter.
2. Are you familiar with the EBAA Charter Guidelines which were developed by the EBAA Legal Committee in 2020 following meetings organized specifically for the development of this document with business aviation operators and brokers. In particular with the guidelines relating to refunds to the customer in the event of an AOG situation. A copy of this document can be found in the attached file.
3. Is there a conflict of interest in the situation when you, on the one hand, represent the Association, defending the fair principle of compensation to clients in case of AOG situation (Charter Guidelines developed by the EBAA Legal Committee) and on the other hand represent the interests of a company, which is a member of this Association and grossly violates the principles officially declared by the Association.
4. As can be learnt from https://dfadvocates.com/privacy-notice/ ’DF Advocates’ stands for ‘Deguara Farrugia Advocates’. In this regard, could you please confirm that the CEO of Transport Malta Centre Kurt Farrugia is not related to DF Advocates and is not related to DF Advocates’ co-owner Jean Carl Farrugia?
In the copy of this request, in addition to EBAA and MBAA, there was also the e-mail address of Kurt Farrugia. In the past 10 days since I sent my request, I have not received a response from Filippo Arcaleni or any comments from the Director of CAA Malta, Kurt Farrugia. Which makes me suspect that I may have been hasty in calling Kurt and Jean Carlo Farrugia mere namesakes. The intrigue is still here!
Another person I spoke to during the MACE2024 conference was the Minister of Transport of Malta, Chris Bonett. I explained to him that the facts we had collected need independent verification and I was asking the Ministry of Transport to do it. To which Chris Bonett, having listened attentively and sympathetically to my facts, said the following: “I will do the following: I will give your business card to our Director of Communications and he will contact you so that you can officially hand him all the facts you have.”
Two weeks have passed since our conversation, but the Director of Communications is still communicating with someone else. It happens... Maybe he forgot... There is no point in immediately building any theories about corruption and mutual responsibility in the highest echelons of government in Malta, right?
And while Malta’s aviation officials are “very actively” preparing to investigate the facts that make it clear why a particular HARMONY JETS flight could be cancelled at any moment, they themselves are “engaged in charity”. The Knights of Malta have enjoyed fame since the Middle Ages. So Marco Mazzoli decided to brag on his LinkedIn page about how he and Pierre-Olivier Edouard are honored by the Knights of Malta as “philanthropists”.
It will be necessary to study whether the Knights of Malta were a haven for swindlers with a dubious reputation back in the Middle Ages. Or perhaps the concept of “Knight” then meant not only the possession of armor and weapons, but also “Nobility”. In the meantime, I ask the esteemed knights to take note that the money that HARMONY JETS donates to support your charitable programs is either earned through extremely dubious operations or openly taken from other participants in the aviation market.
Well, the “Rogue Knights” from HARMONY JETS wanted to show me how cleverly they got it all in Malta and who is at their beck and call - they demonstrated it. Now everyone who fronts these swindlers will have to answer publicly for every step of this company. We at BLACKLIST.AERO will not leave you alone until all the facts are publicly assessed.
While this article was being prepared for publication, the editors of BLACKLIST.AERO received a letter from a law firm representing the interests of the Malta Business Aviation Association:
Dear Mr Degtiarov,
I make reference to your email below, and on behalf of the Malta Business Aviation Association I can confirm that the company in question, Harmony Jets Ltd, is no longer a member of the Malta Business Aviation Association and we are therefore, as an association, no longer associated with this company".
Well, dear readers, perhaps the “ice has broken”. The future will show...
Artem Degtiarov, Chief editor at BLACKLIST.AERO
As the administration of the Global Aviation Register of Defaulter companies BLACKLIST.AERO found out, the company iFUEL AG falsified numerous photos of fuel trucks and other airfield equipment with IFuel logos for use in advertising campaigns.
Yesterday, HARMONY JETS put out an official letter to their counterparties, in which they tried to at least somehow fend off my article published two weeks ago. As you remember, I flew to Malta in order to clarify the facts that shed light on why HARMONY JETS flights can be cancelled at any time. And therefore, the company developed a special scheme that allows them not give back the money paid for the flight to clients.
There is a certain wicked irony in the fact that a company that signed the Three Cases Declaration two years ago and committed itself to fight systemic defaulters has itself become a Three Cases Defaulter. But if the signing of this Declaration was originally an attempt to avoid the pressure of the BLACKLIST.AERO administration on its own debts, then there is nothing strange about it. As I said before participation in the Three Cases Declaration is not an indulgence from non-payments.
The PR activity of the defendants in the cases in the BLACKLIST.AERO Registry is always a subject of our intense interest. After all, instead of paying off their debts, they spend a lot of money on creating a public image of honest and successful businessmen. Which they are absolutely not.
