Air Charter Global General Terms and Conditions
AIR CHARTER GLOBAL STANDARD CONDITIONS FOR THE CHARTER OF AIRCRAFT WITH CREW
In these conditions the following words and phrases shall have the meaning or meanings attributed thereto:-
“The Company” means Air Charter Global.
“The Charterer” means any person firm or body corporate chartering or offering to charter any aircraft from the Company.
“The Aircraft” means any aircraft which is the subject of an agreement for charter by the Company to the Charterer.
“The Programme” means the flight or any series of flights agreed between the Company and the Charterer including places of departure, places of destination, and stopping points, any departure and arrival times and any particular agreed functions.
The terms upon which the Company is willing to charter aircraft with crew are contained in these conditions to the exclusion of all other terms, conditions warranties and representations including in particular any specified by the charterer in any way. No addition to or variation of these Conditions shall bind the Company unless accepted in writing by (a director) of the Company. In the case of any conflict between any terms specifically agreed by the Company and any of these conditions the former will prevail.
Any carriage performed pursuant to a charter agreement shall be subject to the Company’s General Conditions of Carriage contained or referred to in the traffic documents of the Company (a copy of which may be inspected on demand) and the Chartered shall be deemed to have notice of them whether or not he has availed himself of his right to inspect them.
2 Price and Payment
Unless expressly included the price does not include:
2.1.1 Any taxes, levies or charges (including without limitation VAT and customs duties) assessed or imposed by any taxing authority on or in connection with the performance of the programme;
2.1.2 Any taxes, levies or charges (including without limitation VAT and custom duties) assessed or imposed by any airport or air navigation authority on or in connection with the performance of the programme;
2.1.3 The cost of any licenses or authorisations specifically required for the programme;
2.1.4 Any charges connected with airport passenger charges;
2.1.5 Any airport security charge;
2.1.6 Any passenger meals or catering charges;
2.1.7 Any charges connected with the loading, unloading, ground carriage, handling of passengers or goods or (in case of goods) the storage thereof;
2.1.8 Any charges in respect of accommodation, refreshment, meals or any additional costs, losses or damages in respect of passengers carried or to be carried, due to the delay of any flight, whatever the cause.
2.1.9 All of which will be paid by the Charterer or reimbursed by the Charterer to the Company on demand.
2.2 Notwithstanding condition 2.3 below, in the event of any increase in fuel costs after the finalisation of the price, the Company reserve the right to charge any amount equal to any additional fuel costs incurred by the Company in performing any of its obligations under this charter.
2.3 Where the price depends in whole or in part on flying hours, these shall be calculated by reference to the period of time the Aircraft moves under its own power before subsequently coming to a halt with all of its engines shut down.
2.4 Unless otherwise specified by the Company, all payments shall be made at least 7 days prior to flight or immediately in the case of short notice in sterling. If the Company require a deposit or payment in advance on account such payment shall be made on demand. Time for payment is of the essence.
3 Company’s obligation and discretion
3.1 The Company shall provide the Aircraft manned, maintained and equipped for the performance of the Programme but shall provide no other services, either in flight or on the ground, unless specifically agreed.
3.2 The commander of the Aircraft shall have absolute discretion;
3.2.1 to refuse to carry any passengers, baggage or cargo;
3.2.2 to decide what load shall be carried and its distribution;
3.2.3 to decide whether, when and how a flight may safely and legally be undertaken and where and when the Aircraft should be landed;
3.2.4 generally as to all matters relating to the operation of the Aircraft.
4. Non-performance, delay, variations and diversions
4.1 In the event of any variation from or addition to the Programme at the request of the Charterer the Charterer shall pay for additional flying hours where appropriate at the hourly rate applying to the Programme or such rate stated by the Company which is reasonable having regard to the price and any expense or losses arising from or connected with the variation from or addition to the Programme, together with all expenses whatever connected with it (including, without limitation, any transport, accommodation and subsistence expenses incurred by the crew and any engineering staff).
The Company shall use reasonable endeavours to perform and complete the Programme but may depart from it if it is reasonably necessary or advisable in its opinion in the interest of safety, unexpected airfield closures or legality, in which case any additional flying hours and expenses shall be paid for by the Charterer.
The Company shall use reasonable endeavours to perform the Programme in accordance with any times agreed but such times are not guaranteed and the Company shall have no liability for reasonable delay.
In the event of non-performance, partial performance or delay resulting wholly or partly from any force major or occurrence or any circumstances whatever beyond the Company’s control, including (without limitations) the acts or omissions of third parties, labour difficulties, weather condition, technical breakdown of, or an accident to the Aircraft or any part of it, natural disaster or the act of any authority, the Company shall use reasonable endeavours to perform or continue the Programme, but otherwise shall have no liability to the Charterer.
The Charterer shall be liable to pay such part of the price as is referable to the part of the Programme which has been performed (if any), and all expenses whatever connected with it, and anything in excess already paid by the Charterer shall be refunded. The Company’s determination of the referable part of the price and the connected expenses shall be conclusive, in the absence of manifest error.
The Company shall be in no way responsible or liable to provide refunds, full or partial for delays caused by the Charterer and/or the passengers arriving late resulting in the inability to perform the trip as planned and agreed. In such events the Charterer shall be entirely liable to pay the cost of the Programme in full.
5 Insurance, liability and indemnity
The Company will always hire a third party operator who has proof of professional liability and indemnity insurance. Upon the client signing the Contract of Air Charter Agreement and Schedule, Air Charter Global is free of liability and has full professional indemnity for any financial or personal loss caused by advice given by the company.
6.1 If the Charterer terminates the programme the Charterer shall be liable to pay a cancellation charge by way of liquidated damages as follows:-
6.1.1 if notice is received upon confirmation, 30% of the price;
6.1.2 if notice is received two weeks before scheduled departure time 50% of the price;
6.1.3 if notice is received ten days before the scheduled departure time, 70% of the price;
6.1.4 if notice is received forty eight hours before scheduled departure time, 100% of the price;
6.1.5 if no notice is received or notice is received after the scheduled departure time or the Charterer ‘no-shows’, 100% of the price or the cost of flying and expenses already incurred will be due, whichever is the greater.
6.2 In the event that the company should cancel the programme due to unsuitable weather conditions, the Charterer will receive a full refund of the amount that can be recovered from the operator of the charter.