STANDARD TERMS AND CONDITIONS FOR THE CHARTER OF PRIVATE JETS AND HELICOPTERS
These conditions apply to all chartering of aircraft from Execflyer to the exclusions of all other terms, conditions, warranties, and representations, except any specifically agreed between the parties in writing.
In these Conditions the following expressions shall have the following meanings:-
The Carrier – Air Charter Operator
The Charterer – any person, firm, or body corporate chartering, or offering to charter, any aircraft from the Carrier.
The Aircraft – any aircraft which is the subject of a charter agreement between the Carrier and the Charterer.
The Agreement – Any agreement between the Carrier and the Charterer for the charter of the aircraft from the Carrier.
2 AIRCRAFT AND CREW
The Carrier shall provide for the Charterer’s use the Aircraft, manned and equipped for the performance of the Flight Schedule. The Carrier shall provide no services during flight.
3 CARRIERS DISCRETION
If the aircraft shall for any reason (whether before or after the commencement of the Flight Schedule) become incapable of undertaking or continuing all or part of the Flight Schedule the Carrier may at its discretion substitute therefore one or more aircraft of the same or another type and the provisions of the Agreement shall apply mutates mutandes to the substituted aircraft. If the carrier does not substitute another aircraft it shall not be under any liability to the Charterer and the Charterer shall remain liable to pay for that part of the Flight Schedule (if any) that has been performed at the time the Aircraft becomes so incapable.
4 CAPTAINS DISCRETION
The Captain of the Aircraft shall have absolute discretion:
- i. To refuse any passenger(s), baggage, cargo, or any part thereof
- ii. To decide what load may be carried on the Aircraft and how it shall be distributed.
- iii. To decide whether and when a flight may be safely undertaken and where the aircraft should be landed.
5 LOADING AND PACKING
- i. Subject as otherwise provided in these Conditions loading and unloading of any Aircraft shall be at the expense of the Carrier
- ii. The Charterer shall ensure that any goods to be transported are sufficiently and properly packed for carriage and shall supply adequate dunnage and tie down material taking into account all reasonable demands of the Carrier and the Captain and where necessary complying with IATA Restricted Articles Regulations, a copy of which is available for inspection at the office of the Carrier.
- iii. Charges for ground transportation, warehouse handling, warehousing and customs clearance shall be at the expense of the Charterer.
6 UNUSED CAPACITY
The Carrier shall be entitled at its own discretion and without compensation to use any part of the carrying capacity of the Aircraft unused by the Charterer, except by means of the carriage of additional passengers, and to use any part of the Flight Schedule unused by the Charterer.
7 CHARTER PRICE
The Charterer shall pay the Carrier the charter price and subject as otherwise herein provided the Charterer shall not be responsible for any other expenses of or in connection with the Aircraft or the Flight Schedule. For the purpose of this clause times shall be of the essence of this agreement and non-payment becomes due shall entitle the Carrier to suspend or cancel the Flight Schedule without liability and without prejudice to the Carrier’s right to claim from the Charterer the monies remaining unpaid. Damage waiver is not included in the charter price and any damage will be the responsibility of the charterer. The charterer in this instance is defined as the signatory on the contract.
8 INTEREST ON DELAYED PAYMENT
If the Charterer shall delay in making any payment to the Carrier when due, Interest on the amount overdue will be payable at 2% above the base rate of the National Westminster Bank Plc per month or part of a month, compounded monthly.
9 CARRIER’S PROTECTION AGAINST INCREASED COST
In the event of there being any increase beyond the control of the Carrier in the cost of the Carrier’s performing any of its obligations under the Agreement between the date of the Agreement and the completion of the Flight Schedule the Carrier may give written notice thereof to the Charterer and the amount payable by the Charterer shall be increased by the amount directly attributable to such increase incurred more than 7 days after receipt of such notice by the Charterer unless the Charterer has terminated the agreement pursuant to clause 15(iii) hereof.
10 TAXES AND CHARGES
Unless expressly included in the charter price does not include any taxes, levies or charges assessed or imposed by any taxing or airport directly upon the execution or performance of this Agreement or the carriage, embarkation or disembarkation of passengers or the loading or unloading of baggage and/or goods all of which shall be paid by the Charterer on demand.
11 NON-PERFORMANCE OR DELAYS
- i. If the performance of the aircraft is prevented or anyone acting on its behalf including (but not limited to) any passenger arriving later than 20 minutes before scheduled departure time the carrier may at its discretion and without liability depart as scheduled or alternatively elect that demurrage shall run against the Charterer at a daily rate equivalent to TWO hours flying at the current charter rate of the aircraft.
- ii. In the event of non-performance or delay caused by actions of third parties, labour difficulties, force majeure (including but not limited to inclement weather), or technical breakdown or accident to the aircraft or any part thereof or any machinery to be used in relation to the Aircraft the Carrier shall use its best endeavours to perform or continue the Flight Schedule but otherwise shall have no liability to the Charterer.
- iii. The Charterer shall be liable to pay such portion of the charter price as shall be proportionate to that part of the Flight Schedule which has been performed together with all passengers’ expenses and any additional charges and expenses payable by the Charterer pursuant hereto.
12 ADDITIONAL FLIGHTS
If at the request of the Charterer the Aircraft is used by the Charterer otherwise than in accordance with the Flight Schedule the Charterer shall pay to the carrier in respect of such use a sum calculated at the basic rate applying to the Flight Schedule. Which sum shall be notified by a duly authorised officer or employee of the Carrier and shall thereupon become due and payable together with all fees and charges imposed by law in respect of each flight including without prejudice to the generally of the foregoing landing fees, hangarage fees, parking fees, air navigation fees, ground service and handling fees, customs fees, airport surcharges, accommodation, meals and refreshment charges and all pilot and crew expenses thereby incurred.
13 DEPARTURE FROM FLIGHT SCHEDULE
The Carrier shall use all reasonable endeavours to complete the Flight Schedule but shall be entitled without liability to depart from the Flight Schedule if necessary in its opinion and any additional expenses (including the fees and charges referred to in clause 12 hereof) shall be borne by the Charterer.
If for any reason the aircraft is diverted from any airfield or destination shown in the Flight Schedule to another airfield the journey to the said airfield of destination shall be deemed to be complete when the aircraft arrives at the other airfield.
15 TERMINATION BY EITHER PARTY
Subject to the provisions of clauses 16 and 17 hereof either party may terminate the agreement by giving written notice to the other:
- i. At any time before the time specified for the commencement of the first journey set out in the Flight Schedule or
- ii. At any time if the other party commits an act of bankruptcy or becomes insolvent or enters into any arrangement or composition with its creditors or being any individual dies or being a partnership is dissolved or being a corporation passes a resolution for or has a petition presented for winding up (otherwise than for the purpose of merger or reconstruction only) or
- iii. In the case of the Charterer only giving to the Carrier written notice of termination within 7 days of receipt by it of notice of increase from the Carrier as referred to in clause
16 TERMINATION BY CARRIER
- i. In the event of cancellation of the charter or any part of it by the Carrier, the Charterer or their Agent shall receive a refund of the flight costs, or have the option to take the same flight at a later date. Any non-refundable fees paid by the Carrier shall be non-refundable to the Charterer or their Agent. Please note: landing, handling and parking fees at the British Grand Prix are nonrefundable.
17 TERMINATION BY CHARTERER
If the agreement is terminated by the Charterer:-
- ii. Pursuant to clause 15(i) hereof then the Charterer shall be liable to pay the Carrier the appropriate cancellation charge referred to in clause 19 and
- iii. Pursuant to clauses 15(i) and 15(ii) hereof then the Charterer shall be liable to pay such portion of the charter price as shall be proportionate to that part of the Flight Schedule which has been performed together with any additional charges and expenses payable by the Charterer pursuant hereto.
- iv. Pursuant to clause 15(iii) hereof then the Charterer shall be liable to pay such portion of the charter price and charges and expenses as aforesaid.
In the event of cancellation of the charter or any part of it by the Charterer or their Agent, the
Carrier shall be entitled to receive, as liquidated damages, not a penalty, the following:
- I. 30% of the charter price if cancellation is received more than 5 days prior to the scheduled date of departure.
- II. 50% of the charter price if cancellation occurs between 3 and 5 days prior to scheduled date of departure.
- III. 75% of the charter price if cancellation occurs within 72hrs of agreed time of departure.
- IV. 100% of the charter price if cancellation occurs within 24 hrs, or if part of the charter has been completed i.e. a positioning flight has already taken place to position the aircraft from its base to the departure point of the live sector of the charter. Any non-refundable fees paid by the Carrier shall be non-refundable to the Charterer or their Agent.