Terms and Conditions for charter flight booking
In these Conditions the words this “Agreement” shall mean the Aircraft Charter Agreement, the principle terms of which are set out herewith and of which these Conditions form part; the “Carrier” shall mean the aircraft carrier who carries the Client; “the Client” includes any passenger and their baggage carried on the aircraft; “Flightserve UK” shall mean Flightserve UK Limited; “Aircraft” shall mean the aircraft specified herein; “Schedule” shall mean the flight or any series of flights agreed between Flightserve UK and the Client including places of departure, places of destination, any stopping points, any departures and arrival times and any part agreed functions; the “Charter Price” shall mean the amount payable to Flightserve UK by the Client for services supplied under this Agreement; “Standard Charges” shall mean the prices offered by Flightserve UK hereto. Words and expressions defined below shall have the same meaning in these Conditions. The headings in this agreement are for convenience only and shall not affect its interpretation.
2.1 These Conditions shall apply to and be incorporated in the contract between Flightserve UK and the Client for the supply of the Services and shall be in substitution for any oral arrangements made between the Client and Flightserve UK and shall prevail over any inconsistent terms or conditions contained in or referred to in Flightserve UK quotation or acceptance of order or correspondence or elsewhere or implied by trade custom or practice or course of dealing and no addition to or variation of or exclusion or attempted exclusion of the order and/or these Conditions or any of them shall be binding upon the Client unless specifically agreed to in writing and signed by a duly authorised representative of the Client.
3. FLIGHTSERVE UK’S OBLIGATIONS:
3.1 Flightserve UK has entered into this agreement acting only to seek, procure and co-ordinate the Schedule and shall use all reasonable endeavours to complete in accordance with the Schedule the journey or journeys therein specified but shall be entitled to depart from the Schedule if in its opinion in good faith such departure is necessary and any additional expenses (including the fees and charges referred to herein) shall be borne by the Client.
3.2 Flightserve UK shall not accept and hereby excludes any and all liability whatsoever for wounding bodily injury or delay of the Client or for loss, delay of or damage to their baggage or of loss, delay of or damage to cargo whether or not occasioned by the negligence of Flightserve UK, its employees servants or agents.
4. NON PERFORMANCE DELAY VARIATIONS AND DIVERSIONS:
4.1 In the event of non-performance, partial performance or delay resulting wholly or partly from any force majeure or occurrence or any circumstances whatever beyond Flightserve UK ‘s control, Flightserve UK shall use reasonable endeavours to perform or continue the Schedule but otherwise shall have no liability to the Client.
4.2 If Flightserve UK is unable to resume performance within a reasonable time after the due date Flightserve UK may cancel this Agreement by notice in writing to the Client and shall be under no liability whatsoever to the Client in respect of such cancellation.
4.3 Flightserve UK shall be entitled, without giving a reason, to substitute another aircraft for the Aircraft specified herein. In the event of the Aircraft specified becoming unserviceable, Flightserve UK shall be entitled but shall not be obliged to substitute another for that specified.
4.4 If for any reason the Aircraft is diverted from any airfield of destination shown in the 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.
4.5 The Schedule issued by Flightserve UK is an approximate estimation only and is not guaranteed by Flightserve UK who shall at any time be entitled to deviate from the Schedule if in its opinion such deviation is advisable or necessary.
4.6 The commander of the Aircraft shall have complete discretion concerning what load may safely be carried and its distribution and as to whether or not the flight[s] shall be undertaken and as to where landing shall be made and on all other matters concerning the operation of the Aircraft and the Client shall accept all such decisions of the commander as final and binding. The commander of the Aircraft shall have absolute discretion to refuse to carry any passengers, any baggage and any cargo or any part thereof. Flightserve UK shall not be liable for any loss, damage, cost or claim of whatever nature arising from any such decision taken for reasons of safety.
4.7 Flightserve UK is not a common carrier and does not accept the obligations of a “common carrier” nor is there implied in this Agreement any warranty concerning the aircraft or its fitness for any carriage.
4.8 If the performance of the Schedule is prevented or delayed by any act or omission of the Client or anyone in its control or acting on its behalf including any delay caused by the late arrival of the Client’s luggage the Client will be liable to Flightserve UK for any additional costs incurred either by Flightserve UK or their agents. In the event of cancellation, the Client shall be liable for cancellation charges as provided in Condition 8, as if notice of cancellation had been received.
5. CLIENT’S OBLIGATIONS:
5.1 The Client hereby indemnifies Flightserve UK against all claims and expenses (including all legal costs) in respect of any liability to third persons for any damage whatsoever arising out of wrongful act or omission of the Client, its servants or agents and for any claim for damages or fines imposed arising out of any breach by the Client of the terms hereof.
5.2 Deviation from any of the terms set out in this Agreement hereto through the action of or at the request of the Client may involve alterations to the Charter Price.
5.3 The Client shall pay to Flightserve UK for all time spent loading or unloading the Aircraft in excess of the appropriate lay time. The Client will hold Flightserve UK indemnified from any claims by passengers, consignors or other persons having contracts with the Client or in whose behalf it has acted should claims arise from cancellation by the Client.
5.4 If at the request of the Client, the Aircraft is used by the Client for any flight(s) other than those set out hereto the Client shall pay to Flightserve UK in respect of each such flight(s) a sum calculated on an hourly basis at the Standard Charges rate, which sum shall be notified by a duly authorised officer or employee of Flightserve UK and shall thereupon become due and payable together with all fees and charges imposed by law in respect of each such flight(s) including, without prejudice to the generality of the foregoing, landing fees, garage 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.
5.5 The Client shall give Flightserve UK in good time on arrival at the check in point or as otherwise specified by Flightserve UK all information and assistance necessary to enable Flightserve UK to complete all necessary Client tickets baggage checks and airway bills and shall distribute tickets and baggage checks to the Client if required by Flightserve UK.
6. INTERNATIONAL CARRIAGE:
6.1 Carriage hereunder shall be subject to the rules and limitations relating to liability and to all other provisions established by the Warsaw Convention or by that Convention as amended by the Hague Protocol and/or by any other Treaty applicable to such carriage insofar as such carriage is “intentional carriage” as defined in the above Conventions and is governed thereby Carriage hereunder which is not governed by Warsaw Convention shall be subject to all applicable laws which extend provisions of the convention to such carriage or which otherwise limit Flightserve UK’s liability.
6.2 The Client warrants that 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(s) will be held and in the event of the appropriate Immigration Authorities refusing entry to any Client in circumstances where the carrier is required to transport such Client to the point of origin of the flight(s) or to any other point, then t Flightserve UK he cost of doing so shall be repayable by the Client to Flightserve UK upon demand.
6.3 The Client undertakes that their baggage will not contain anything of a dangerous, hazardous or offensive nature or of which the carriage, importation or exportation is prohibited by any Country or State which has to be crossed or entered. The Client shall also ensure the possession of all documents enabling them to comply with all Customs, Police, Public Health and other regulations which are applicable in the United Kingdom and States in which landings are made both in respect of themselves and their baggage and to be responsible for the payment of all dues or charges in connection with them.
7. PRICE AND PAYMENT:
7.1 Time for payment of Flightserve UK by the Client is to be of the essence and subject to any special terms agreed. The Client shall pay Flightserve UK ‘s Standard Charges and any additional sums which Flightserve UK have incurred for any of the reasons mentioned in this Agreement or otherwise reasonably incurred by Flightserve UK in the performance of this Agreement (together with any applicable Value Added Tax, and without any set-off or other deduction) prior to the Scheduled departure or upon such terms as shall be agreed between the parties from time to time.
7.2 If Flightserve UK requires a deposit or payment in advance on account such payment shall be made on demand.
7.3 If payment is not made on the due date, Flightserve UK shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4 % above the base rate set from time to time by HSBC bank from the due date until the outstanding amount is paid in full.
7.4 The Client shall pay to Flightserve UK the Charter Price in Sterling unless otherwise agreed in writing.
7.5 Unless expressly included the price does not include:
7.5.1 Any taxes levies or charges (including without limitation VAT and customs duties) assessed or imposed by any taxing authority, airport or air navigation authority on or in connection with the performance of the Schedule;
7.5.2 The cost of any licences or authorisations specifically required for the Schedule;
7.5.3 Any charges connected with airport Client charges;
7.5.4 Any airport security charges;
7.5.5 Any meals or catering charges.
8.1 Either party may terminate the Charter Agreement by written notice to the other at any time before the time specified for commencement of the Schedule.
8.2 In the event of any breach by the Client of any provisions of this Agreement, or if the Client becomes insolvent or bankrupt or commits any act of bankruptcy or enters into agreement with his creditors or if being a company it goes into liquidation (except for the purpose of reconstruction or amalgamation), Flightserve UK shall have the right immediately to cancel this Agreement and, in the event that the flight(s) has commenced, to terminate such flight(s) without liability to the Client, to retain all such monies as have been paid by the Client and to demand all other monies due under the terms of the Agreement, regardless of cancellation.
8.3 Neither the payment of the Charter Price nor the termination of the Agreement for any of the aforesaid reason shall affect Flightserve UK’s right to recover damages from the Client.
8.4 The Client shall be liable to pay cancellation charges as if notice of cancellation had been received on the date of termination together with such part of the Charter Price as is referable to any part of the Schedule which has been performed and all expenses whatever connected with it.
8.5 If the Client terminates pursuant to Condition 8, the Client shall be liable to pay a cancellation charge by way of liquidated damages as follows unless otherwise stipulated on the Charter Agreement.
8.5.1 If notice is received more than 7 days before the scheduled departure time 10% of the Charter Price;
8.5.2 If notice is received less than 7 days but more than 48 hours before the scheduled departure time 25% of the Charter Price;
8.5.3 If notice is received less than 48 hours but more than 24 hours before the scheduled departure time 50% of the Charter Price;
8.5.4 On the day or if no notice is received, all costs associated with the positioning of the Aircraft or 75% of the total Charter price, whichever is the greater
9.1 The failure to exercise or delay in the exercising a right or remedy under this contract shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under this contract shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
9.2 The Client shall not be entitled to assign the benefit of this Agreement to any other person without the consent in writing of Flightserve UK, but Flightserve UK may procure the various performances of their obligations hereunder by some other person.
9.3 This agreement shall be construed and take effect according to English Law and any dispute arising between the parties shall be adjudicated in the English courts.