The terms upon which Charter-a Ltd, whose operations office is at Hangar One, Redhill Aerodrome, Kingsmill Lane, Redhill Surrey, RH1 5JY (The Company) is willing to charter an aircraft are contained in these terms and 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 the Company.
2. PRICE AND PAYMENT
2.1 Unless otherwise specified by the Company, all payments of the charter price (the Price) shall be made in sterling within 15 days of the flight, although if the booking is within 15 days of departure then full payment prior to the aircraft departing.
3. COMPANY’S OBLIGATIONS AND DISCRETION
3.1 The Company shall provide an aircraft on an AOC (Air Operators Certificate). The Aircraft manned, fueled, 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 crew of the Aircraft shall have absolute discretion to refuse to carry any passenger, baggage or cargo, to decide what load may be carried and its distribution, to decide whether, when, and how a flight may safely and legally be undertaken and where and when the Aircraft should be landed, generally as to all matters relating to the operation of the Aircraft.
4 THE CHARTERERS OBLIGATIONS
4.1 The Charterer shall give to the Company in good time all information and assistance required by the Company to complete all passengers tickets, baggage checks, airway bills and any other document of carriage.
4.2 The Charterer shall not be entitled to pledge the Aircraft or the credit of the Company for any purpose or (in so far as within its powers) allow to arise or subsist any liens or rights of detention over the Aircraft.
4.3 The Charterer shall draw to the attention of all passengers prior to the flight the limits of the operator’s liability to them for personal injury or death.
4.4 The Charterer and the Passengers must be able to present all the appropriate documents enabling him/her to travel in accordance with the Service ordered. The Passengers are solely responsible for the validity of his/her travel documents and for obtaining in advance any visa or administrative authorisation required for travel, entry, departure, or transit in a country. If the Passenger is not in possession of all the valid travel documents required for the performance of the Services, Charter-A Ltd cannot be held liable for any loss or cost that may result for the Charterer, Passenger or Passengers in question. The passengers will have to submit to all security checks that are requested by the authorities or their representatives.
5 NON-PERFORMANCE, DELAY, VARIATIONS AND DIVERSIONS
5.1 If the performance of the Programme is prevented or delayed by any act or omission of the Charterer or anyone under its control the Company may at its discretion and without liability depart as scheduled or delay departure for up to 4 hours during which time the Price will be payable as if the Aircraft were airborne and/or cancel the Programme if delay prevents its completion.
5.2 In the event of non-performance, partial performance or delay resulting wholly or partly from any circumstances whatever beyond the Companies control, including (without limitation) the acts or omissions of third parties, labor difficulties, weather conditions, technical breakdown of or accident to the Aircraft or any part of it, natural disaster or the act of any authority, the Company shall use reasonable endeavors to perform or continue the Programme (and may at its discretion but without obligation substitute another aircraft) 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 that 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 Companies determination of the referable part of the Price and the connected expenses shall be conclusive, in the absence of manifest error.
5.3 In the event of any variation of the Programme at the Charterer’s request, the Company may charge at a reasonable rate for additional hours flown together with any expenses or losses arising from or connected with the variation.
5.4 The Company shall use reasonable endeavors to perform and complete the Programme but may depart from it if it is reasonably necessary or advisable in its opinion in the interests of safety or legality, in which case any additional flying hours and expenses shall be paid for by the Charterer.
6 INSURANCE, LIABILITY
6.1 The Company shall maintain in full force and effect during the term of the Programme insurance cover in compliance with all relevant statutory provisions and hereby limits its liability for death or personal injury of any passenger carried to the extent permitted by law.
6.2 Subject as otherwise expressly provided in these conditions, the Company shall not be liable to the Charterer in any manner whatever (whether in the law of contract, tort or otherwise) in respect of any loss, damage or injury, whether direct, indirect, economic, consequential or of any other kind whatever, however arising out of or in connection with any charter agreement.
7.1 The Company shall have no liability whatever to third parties, and the Charterer will indemnify and keep indemnified the Company against any loss, damage, costs, claims and expenses incurred by the Company in respect of any liability whatever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following any breach of contract by the Charterer or any wrongful or negligent act or omission of the Charterer or the Charterers employees agents, operators or sub-contractors or any passenger or owner of goods carried at the Charterers request.
8.1 The Charterer may cancel all or part of the Programme by giving unwritten notice to the Company in consideration of the payment to the Company of liquidated damages as follows:
- With immediate effect: 25% of the quote
- Less than 7 day’s notice: 40% of the quote
- Less than 2 day’s notice: 80% of the quote
- On the day / no show: 100% of the quote
9 GOVERNING LAWS
The contract between the Company and the Charterer shall be governed by and construed in accordance with English law.