TERMS & CONDITIONS : AIRCRAFT CHARTER
| 1. | The Carrier will provide for the Charterer’s use. The aircraft equipped, maintained, fuelled, properly and competently crewed and will so maintain it during the period of charter. The crew are the servants or agents of the carrier. | ||||||||||||
| 2. | The Charterer agrees to present the passengers or cargo at the times and in the places stated upon the schedule attached in all respects ready to commence embarkation or loading. | ||||||||||||
| 3. | Should the carrier fail to have the aircraft ready to load within two hours after the appointment time, the carrier shall be responsible for the costs of the care of the passengers or cargo directly attributable to such delay for up to four hours. If after four hours the carrier fails to present the aircraft for loading, or to substitute an alternative aircraft, the carrier shall be under no further obligation or liability to the Charterer beyond the refund sum already paid by the Charterer and Charterer shall be at liberty to charter any alternative aircraft from any alternative Carrier that shall have no claim whatsoever against the Carrier. | ||||||||||||
| 4. | Should the aircraft through mechanical fault fail to depart in accordance with the flight schedule within two hours after being ready to load, then the Carrier shall be responsible for the costs of the care of the passengers or cargo for delays of up to four hours. If after four hours either the aircraft shall not have departed or the Carrier shall not have provided an alternative aircraft, then the carrier shall be discharged from liability under this charter, save only for the refund of sum paid by the Charterer and the Charterer shall be at liberty to charter an alternative aircraft from any other Carrier. | ||||||||||||
| 5. | The Captain shall have absolute discretion to decide what load may safely be carried in the aircraft and how it shall be distributed whether and when a flight may be safely undertaken and where and when the aircraft should be landed and all such decisions of the Captain shall be binding upon the Carriers and upon the Charterers. | ||||||||||||
| 6. | The Captain shall have absolute discretion to decide what load may safely be carried in the aircraft and how it shall be distributed whether and when a flight may be safely undertaken and where and when the aircraft should be landed and all such decisions of the Captain shall be binding upon the Carriers and upon the Charterers. | ||||||||||||
| 7. | The Carrier shall be entitled to use any part of the carrying capacity of the aircraft in excess of that required by the Charterer and reduction shall be accorded to the Charterer in respect of any such use by the Carrier. | ||||||||||||
| 8.(a) | Unless otherwise agreed, the charter price does not include car or other transport to or from airports or landing grounds for cargo and or passengers and their baggage referred to in this agreement, nor does it include the cost of applicable airport taxes for passengers and or cargo but all expenses of operating an aircraft including remuneration expenses of crew running costs, maintenance and repairs, airport dues, hangarage are all included in the charter price. | ||||||||||||
| 8.(b) | If it is agreed that the charter price shall include car or other transport to or from airports or landing grounds for the passengers and their baggage, referred to in this agreement, the carrier shall not be liable to the Charterer for any loss or damage howsoever caused to the Charterer or to any other person, including consequential losses by reason of any failure to operate or delay on operating such ancillary car or other transport facilities and the carrier gives no warranty to the Charterer as to the standard or type of such ancillary services to be provided. | ||||||||||||
| 9. | Subject to the provisions of Paragraph 16 hereof the Charterer shall be liable for rental to the Carrier for all time spent in loading or unloading the aircraft in excess of the appropriate lay time specified upon the schedule attached or otherwise reasonable in all the circumstances. | ||||||||||||
| 10. | The Carrier shall use its best endeavours to complete in accordance with the attached flight schedule and shall be entitled to depart from the said flight scheduled if in its opinion or in the opinion of the Captain such departure is necessary. | ||||||||||||
| 11. | If for reasons beyond the control of the carrier, the aircraft is diverted from the airfield or destination shown in the attached flight schedule to another airfield, the journey shall be deemed to be complete when the aircraft arrives at the other airfield. If the carrier is unable to perform or complete any carriage or journey as provided by this agreement within a reasonable time the liability of the carriers to Charters’s shall be proportionate to that part of the carriage or the journey which remains unperformed. | ||||||||||||
| 12. | The Carrier is not and shall not be deemed to be any provision of this Agreement a common Carrier nor does the Carrier accept the obligations of a common Carrier. | ||||||||||||
| 13. | The Captain shall have the right to land or deviate at any time or any place whatsoever for any purpose which in his opinion is necessary for the safety of the aircraft crew, passengers or cargo or incidental to the performance of the aircraft or of this charter or for the purposes of attempting to save life or property. Passengers shall comply with all and any orders and directions given by the captain for the satisfactory completion of any flight. | ||||||||||||
| 14. | The aircraft shall be used only in accordance with the laws and regulations of the states over flown and in accordance with Air Navigation Orders, Regulation and Directions in force in the country of registration of the aircraft. The Charterer shall comply and shall procure that all passengers and owners or other persons having any interest in goods carried in the aircraft, shall comply with all relevant customs, police, public health and other lawful regulations in the United Kingdom and of the said States over or from which the aircraft is flown. The Carriers shall, at their own expense apply for and use their best endeavours to procure the grant of all licenses and permits required by the law of the United Kingdom or of any State over or from which the aircraft has to be flown for the performance of the journey specified in the attached schedule, but the performance of the said journey shall be conditional upon the timely grant and validity of such licenses and permits. The Charterer represents that they will comply with all conditions of such licenses or permits to be observed or performed by them and will procure such compliance on the part of all passengers and owners or other persons interested in goods to be carried on the aircraft. The Charterer shall, as soon as possible, provide the carrier with all and any information that the carrier may require on order to apply for any licences and to the completion of all travel documents, which the carrier may be obliged to issue. | ||||||||||||
| 15. | The Charterer shall be entitled to assign the benefit of this Agreement to any other person without the consent in writing of the Carrier. The Carrier may procure the various performance of the obligations hereunder by some other person, firm or company, subject to the Charterers prior written consent, which consent will not be unreasonably withheld. | ||||||||||||
| 16. | Neither the carrier nor the Charterer shall be responsible for the
delay in, or prevention of the execution of this charter arising from
any of the following :- Riots, strikes, lock-outs, civil commotion’s, arrests or restraints of princes, rulers or peoples including interference of Government Authorities or their officials purporting to act there under, the Queen’s enemies, war, apprehension or the imminence of war between any nations, civil war, sanctions, financial or otherwise, blockages, embargoes, acts of God, fire, flood, ice, alarms, epidemics, quarantine, requisition of an aircraft. |
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| 17. | If for any reason whatsoever the aircraft is unable to reach the scheduled destination or stopover because in the opinion of the Captain or the Carrier it is undesirable in the interests of the safety of the aircraft or the passengers, or crew or the cargo, that the aircraft should or should not attempt to proceed to such scheduled destination or stopover, the Carrier or Captain may substitute therefore such other reasonable alternative place, including the place in which the aircraft departed as may be nearest to the scheduled destination or stopover in discharge of the obligations of the Carrier under this contract. Such right of substitution may be exercised before or after the aircraft has left the place of departure and whether or not the aircraft is in the air or on the ground, however, in the event that the aircraft has not departed and is still on the ground. Carrier shall notify Charterer that Carrier intends to substitute an alternative destination in which event Charterer shall have the right to cancel the scheduled flight and receive a refund of any monies advanced to the Carrier, notwithstanding the provisions of paragraph 20 below. The right of substitution as set out above shall apply in respect of any journey to any destination commenced from which place or substitution. | ||||||||||||
| 18. | This agreement is entered into by the Charterer, both on his own behalf and as agents for all persons and the owners of all goods carried in the aircraft at the Charterers request. | ||||||||||||
| 19. | This agreement may be terminated and cancelled forthwith by the
Carrier or the Charterer with notice in writing to the defaulting
party if :-
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| 20. | Should the Charterer cancel this agreement, and then the following
cancellation charges may be applied.
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| 21.(a) | Carrier agrees to accept responsibility for, defend, indemnify and hold Charterer, it’s subsidiaries and affiliates, free and harmless from and against any and all claims and/or liabilities (including, without limitation, the cost of any lawsuit and reasonable attorneys fees) arising in favour of the Charterer or the Carrier, their respective employees and personnel, any persons for whom either Charterer or Carrier acts as agent, and any third parties (or representative or survivor of any of the foregoing) on account of injury to and/or death, or loss of or damage to property, of any such parties in connection with Carriers use or maintenance of any aircraft or equipment, or the provision of services under this Agreement. Provided, however, notwithstanding the above provisions, Carrier shall not be responsible to nor liable for any injuries, death or loss or damage to property in respect to the foregoing parties if such injury, death, loss or damage is the result of the sole negligence or wilful misconduct of Charterer, its employees or personnel, or any persons for whom Charterer acts as agent. | ||||||||||||
| 21.(b) | During the term of this Agreement, Carrier shall maintain insurance
of the types and with limits and endorsements shown on the attached
schedule headed ‘INSURANCE TO BE PROVIDED BY THE CARRIER’. Carrier shall furnish to Charterer certificates of insurance evidencing such insurance. |
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| 21.(c) | Except as otherwise stated to the contrary in this Agreement, neither Charterer nor Carrier shall be liable to the other for any consequential loss or damage resulting from any breach or failure to comply with any of its obligations hereunder. | ||||||||||||
| 22. | Unless the Carrier has previously agreed in writing, to vary the same, the terms of payment are 100% before departure. | ||||||||||||
| 23. | This agreement shall be construed in accordance with the Laws of England and the forum to any disputes shall be in English Courts. | ||||||||||||
| 24. | If any provision of these Terms & Conditions should conflict with the provisions of any schedule attached hereto, the Terms & Conditions of this Charter Agreement shall control and govern. |
