- The provisions of any Charter Contract issued by the Carrier, and in particular the reservation of the aeroplane, are only considered effective when the Contract is returned, duly signed by an authorised representative of the Charterer.
- Full payment is required in advance of any flight, unless specifically stated otherwise in the Contract. Credit is subject to prior arrangement and standard terms of payment will apply unless otherwise specified.
- The carrier will provide the Aircraft properly manned, equipped and fuelled for each Flight. The Carrier shall be entitled (without giving a reason therefore) to substitute for the Aircraft other reasonably suitable alternative aircraft without limitation as to number, type or configuration whether or not operated by the Carrier. In the case of any such substitution, the Carriers standard Terms of Trading shall apply to such substituted aircraft.
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The Captain of the Aircraft shall have complete discretion concerning the load carried on the Aircraft, including the number of passengers and the amount of their baggage, and their distribution, the amount and nature of freight to be carried, as to whether or not any Flight should be undertaken, as to where landings should be made and as to all other matters relating to the operation of the Aircraft and the Charterer shall accept all such decisions of such Captain as final and binding. The Carrier shall not be liable to the Charterer for any loss, damage, costs or claims of whatsoever nature and howsoever arising whether in contract or tort or otherwise as a result of any such decision.
- Unless otherwise agreed the Charter Price does not include any value added tax, and any costs, charges and expenses of or incidental to road or other transport to or from airports or landing grounds, the use of town/air terminal, the use of freight sheds or storage and the loading or unloading of the Aircraft all of which such tax, costs, charges and expenses shall be paid by the Charterer provided that the Carrier shall bear those costs and charges incurred in loading and unloading passengers, their baggage and freight that can be loaded and stowed with standard equipment and personnel. The Charterer shall not be entitled to pledge the Aircraft or the credit of the Carrier for any purpose.
- (i) If any delay in the commencement or completion of any Flight is caused by the Charterer, or by anyone acting on its behalf or any passenger to be carried on any such Flight, demurrage shall run against the Charterer for any such delay at the rate specified in the Contract, provided always that the Carrier shall have the option at any time after demurrage shall have started to run to cancel such Flight but such cancellation shall be without prejudice to any claim the Carrier shall have against the Charterer for demurrage up to the time of such cancellation.
(ii) Notwithstanding the provisions of Condition 7 (i) above, if pursuant to the Programme the Carrier shall be obliged to position the Aircraft at an airfield for any particular Flight and due to any delay whether on the part of the Charterer of its principals or servants or agents, including any passengers, any passengers or freight shall not be ready for loading on the Aircraft, then the Carrier shall have the right to reposition the Aircraft to such other place as it thinks fit and the Charterer shall bear the cost of and indemnify the Carrier against any costs and expenses incurred by the Carrier in repositioning the Aircraft and in subsequently returning the Aircraft to such airfield to take on board the passengers or freight in such delay.
(iii)
The Charterer shall be responsible for paying in full any costs arising from delay attributable to the Charterer or their client or agents or any passenger to departure from any airport including (but not restricted to) any additional fees levied by airport or handling agencies, crew costs and hotel accommodation costs incurred by the Carrier as a result of such a delay.
(iv)
In the event of diversion for any reason costs relative to the Aircraft will be at the expense of the Carrier and those relative to the retrieval of passengers or freight, accommodation, food and beverage for passengers and storage for baggage and freight will be at the expense of the Charterer.
- Without the written consent of the Carrier the Charterer shall neither assign any Contract issued by the Carrier to any other party nor sub-contract any part of the service to be provided by the Carrier hereunder.
- The obligation of the Carrier to provide the Aircraft will terminate forthwith on notice by the Carrier if:-
(i) The Charterer shall have committed any breach of this Contract, or (ii) The Charterer where an individual shall go into bankruptcy or where a limited company shall go into liquidation or enter into a scheme of arrangement with its creditors generally or cease to carry on business or have a Receiver appointed of the whole or any part of its assets or have a resolution passed or Petition to the Court presented for its winding up; but termination under this Contract shall be without prejudice to any claim for damage the Carrier may have against the Charterer or any other right the Carrier may have.
- If the Carrier through any breach of its obligations hereunder shall fail to perform or complete all or any part of any Flight it shall be under no obligation or liability of the Charterer whether under contract or in tort or otherwise howsoever beyond the refund of the Charter Price for such Flight or portion of such Charter Price attributable to any part of such Flight not performed or completed.
- The Charterer shall indemnify the Carrier against:-
(i)
all claims, expenses, damages or legal costs in respect of any liability of whatsoever nature to third parties (including but without prejudice to the generality of the foregoing passengers consignors and consignees); and
(ii)
any damage or loss of whatsoever nature caused to the Carrier, its servants or agents, or to any aircraft or any equipment belonging to the Carrier, its servants or agents arising whether out of any act or omission of the Charterer, its servants or agents whether tortious or constituting a breach of contract or out of the cancellation of any Flight by the Charterer whether or not cancelled in accordance with the terms specified in the Contract.
- The Charterer hereby undertakes that all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight. Any fines or costs resulting from a failure to comply shall be the responsibility of the Charterer.
- The times shown in Contracts issued by the Carrier are approximate and not guaranteed. The Carrier shall make the Charterer aware of any adjustments in timings which may be necessary to comply with the legal requirements governing crew duty and rest periods.
- The Carrier is entitled to use for any purpose any part of the chartered space and payload in the Aircraft not taken up by the Charterer.
- The Aircraft shall only be used in accordance with the laws and regulations, Air Navigation Orders and Directions of the United Kingdom and the Countries over-flown by the aircraft and without prejudice to the generality of the foregoing and to the provisions of Condition 13 above any arrival or departure times stated in this Contract are subject to the approval of the relevant Airport Authority at all points specified whether scheduled or not.
- Unless specifically agreed in advance with the Carrier the Charterer hereby declares that any Flight is contracted on a sole-use basis, that the end-user will buy the entire capacity of the Aircraft from the Charterer, and that the end-user will not resell or otherwise accept payments for any seats or cargo carried on the Aircraft.
- Any contract issued by the Carrier may not be extended or modified unless the Charterer has obtained the prior agreement of the Carrier's Commercial or Operations departments. Except in emergencies or extraordinary cases the crew is not qualified to receive instructions from the client.
- Contracts issued by the Carrier shall be construed according to the laws of England and any action arising therefrom shall be brought only in a Court in England.
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