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STANDARD TERMS & CONDITIONS FOR THE
CHARTER OF AIRCRAFT
These conditions apply to all chartering of aircraft
from Silverstone Air Services , to the exclusion of all other
terms, conditions, warranties, and representations, except
any specifically agreed between the parties in writing or
by telex.
1.1 DEFINITIONS
In these Conditions the following expressions shall have the
following meanings:-
The Carrier - Silverstone Air Services
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 Flight Schedule - the place of departure, place of destination
and any stopping points, together with any indications of
departure and arrival times, agreed between the Carrier and
the Charterer.
The Agreement - any agreement between the Carrier and the
Charterer for the charter of aircraft from the Carrier.
1.2 AIRCRAFT AND CREW
The Carrier shall provide for the Charterer’s use of
the Aircraft, manned and equipped for the performance of the
Flight Schedule. The Carrier shall provide no services during
flight.
1.3 CARRIER’S 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 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.
1.4 CAPTAIN’S DISCRETION
The Captain of the Aircraft shall have absolute discretion:
(a) to refuse any passenger(s), baggage, cargo or any part
thereof
(b) to decide what load may be carried on the Aircraft and
how it shall be distributed
(c) to decide whether and when a flight may be safely undertaken
and where and when the Aircraft should be landed.
1.5 LOADING AND PACKING
(a) Subject as otherwise provided in these Conditions loading
and unloading of the Aircraft shall be at the expense of the
Carrier
(b) 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 offices of the Carrier
(c) Charges for ground transportation warehouse handling warehousing
and customs clearance shall be at the expense of the Charterer.
1.6 UNUSED CAPACITY
The Carrier shall be entitled at its own discretion and without
compensation to the Charterer 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.
1.7 CHARTER PRICE
The Charterer shall pay to 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 purposes
of this clause time 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.
1.8 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% per month or part of a month, compounded monthly.
1.9 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 (c) hereof.
1.10 TAXES AND CHARGES
Unless expressly included the charter price does not include
any taxes levies or charges assessed or imposed by any taxing
or airport authority 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.
1.11 NON-PERFORMANCE OR
DELAYS
(a) If the performance of the flight is prevented or delayed
by the Charterer 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 for the Aircraft.
(b) 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
all reasonable endeavours to perform or continue the Flight
Schedule but otherwise shall have no liability to the Charterer.
(c) 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.
1.12 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 hourly 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 generality 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.
1.13 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.
1.14 DIVERSIONS
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.
1.15 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:
(a) at any time before the time specified for the commencement
of the first journey set out in the Flight Schedule or
(b) 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 re-construction only) or
(c) in the case of the Charterer only by 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 9 hereof.
1.16 TERMINATION BY CARRIER
If the agreement is terminated by the Carrier:-
(a) pursuant to clause 15(a) hereof then the Charterer shall
not be liable to pay the charter price and the Carrier shall
be under no further liability to the Charterer by reason of
such termination or
(b) pursuant to clause 15(b) hereof then the Charterer shall
be liable to pay the appropriate cancellation charges referred
to in clause 18 together with such portion of the charter
price as shall be proportionate to that part of the Flight
Schedule which has been performed and additional charges and
expenses payable by the Charterer pursuant
hereto and the Carrier shall be under no further or other
liability to the Charterer by reason of such terminating.
1.17 TERMINATION BY CHARTERER
If the Agreement is terminated by the Charterer:-
(a) pursuant to clause 15(a) hereof then the Charterer shall
be liable to pay to the Carrier the appropriate cancellation
charge referred to in clause 18 and
(b) pursuant to clauses 15(a) and 15(b) 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
(c) pursuant to clause 15(c) hereof then the Charterer shall
be liable to pay such portion of the charter price and charges
and expenses as aforesaid.
1.18 THE CANCELLATION CHARGE
(a) If notice of cancellation received more than seven days
before scheduled departure time ten percent of the total charter
price
(b) If notice of cancellation received less than seven days
but more than 48 hours before scheduled departure time twenty-five
percent of the total charter price
(c) If notice of cancellation received less than 48 hours
before scheduled departure time fifty percent of the total
charter price
(d) If notice of cancellation received at or after scheduled
departure time eighty percent of the total charter price or
such portion thereof as is proportionate to that part of the
Flight Schedule already performed (whichever is the greater)
together in either case with any additional amounts payable
by the Charterer hereunder.
1.19 CARRIER.S LIABILITY
FOR DEATH AND BODILY INJURY
With regard to the liability of the Carrier for damage sustained
as a result of death, wounding or bodily injury in an accident
taking place on board the aircraft (or in the course of any
of the operations of embarking or disembarking) on a flight
operated by the Carrier:
(a) the Carrier’s liability will not be subject to any
financial limit, be it defined by law, convention or contract;
(b) for any damages up to the sum of 100,000 Special Drawing
Rights, the Carrier shall not exclude or limit its liability
by proving that it and its agents have taken all necessary
measures to avoid the damage or that it was impossible for
it or them to take such measures;
(c) the Carrier shall without delay, and in any event not
later than 15 days after the identity of the natural person
entitled to compensation has been established, make such advance
payments to such person as may be required to meet immediate
economic needs on a basis proportional to the hardship suffered
(such amount to be not less than the equivalent of 15,000
Special Drawing Rights per passenger in the event of death).
Any such advance payment shall not constitute recognition
of liability and may be off-set against any subsequent sums
paid by the Carrier, but is only returnable if the damage
was caused by, or contributed to by, the negligence of the
passenger or of the person who received the payment, or if
the person to whom the payment was made was not the person
entitled to compensation;
Provided that the Carrier reserves all other defences available
to it (whether under the Convention or otherwise) and all
rights of recourse against any other person, including (without
limitation) rights of contribution and indemnity.
1.20 LIABILITY OF CARRIER
(a) The Carrier does not undertake any carriage as a common
carrier
(b) except as expressly provided in these Conditions the Carrier
shall not be liable to the Charterer in any manner whatsoever
(whether arising from the negligence of the Carrier its employees
or agents or otherwise) for any loss or damage whatsoever
(including without limitation consequential loss) provided
that this shall not exclude or restrict the Carrier’s
liability for death or personal injury resulting from the
negligence of the Carrier its employees or agents. Carriage
shall be subject to the rules and limitation 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 "international carriage" as
therein defined. Carriage which is not so governed shall be
subject to all applicable laws which extend provisions of
the Convention to such carriage or which otherwise limit the
Carrier’s liability
(c) The Charterer agrees to indemnify the Carrier and keep
the Carrier indemnified against all liabilities claims costs
and expenses whatsoever incurred to, due to or claimed by
any third party as a result of any such reason or circumstance
as is mentioned in clause 19 (b), subject to the exception
and proviso mentioned in that clause.
1.21 WRONGFUL ACTS OF CHARTERER
The Charterer shall indemnify the Carrier against all claims
and expenses (including legal fees and costs) in respect of
any liability of the Carrier to third persons (including but
not limited to passengers consignors and consignees) for any
loss or damage whatsoever (including costs and expenses on
a full indemnity basis) arising out of any wrongful act of
omission of the Charterer its servant or agents or any passenger
carried by authority of the Carrier.
1.22 TICKETS
The Carrier shall be responsible for the issue of all necessary
passenger tickets baggage checks and air way bills and the
Charterer shall give to the Carrier in good time all information
and assistance required to complete such documents. The Carrier
shall at all times keep the Charterer indemnified against
all liabilities claims costs and expenses whatsoever which
result from any failure to issue a passenger ticket baggage
check or air way bill. Provided however that where passenger
tickets and/or baggage checks are delivered to the Charterer
or its agent by the Carrier for distribution to passengers
the foregoing indemnity shall not apply and the Charterer
warrants and undertakes to the Carrier that it will effect
delivery of the said tickets to the passengers at a reasonable
time prior to the commencement of the Flight Schedule and
shall indemnify the Carrier against all liabilities costs
and expenses which result from any failure by the Carrier
to effect such delivery.
1.23 LAWS AND TRAFFIC REGULATIONS
The Charterer will comply with and take all reasonable steps
to cause all
passengers and owners of freight carried to observe and comply
with all traffic regulations of the Carrier and all customs
police public health and other laws and regulations which
are applicable in the countries in which flights are originated
landings are made or over which flights are made. The Charterer
warrants that all passengers will hold all necessary passports
visas health and other certificates necessary to secure transit
through any immediate points and entry into the country of
destination of the flight and in the event that the appropriate
immigration authorities refuse entry to any passenger in circumstances
where the Carrier is required to transport such passengers
to the point of origin of the flight or to any other point
then the cost of so doing shall be repayable by the Charterer
to the Carrier upon demand.
1.24 ASSIGNMENT AND VICARIOUS
PERFORMANCE
The Charterer shall not be entitled to assign the benefit
of this Agreement to any other person without the consent
in writing of the Carrier but the Carrier may procure the
vicarious performance of its obligations hereunder by some
other person or company.
1.25 NOTICES
Any notice required to be given under this Agreement, shall
be given by delivering it at or by sending it by telex, recorded
delivery or registered post to the address of the addressee
shown in the Agreement. If sent by recorded delivery or registered
post it shall be deemed to have been given on the day on which
it would have been received in due course of post.
1.26 CHANGES IN AGREEMENT AND WAIVER
(a) Alterations and additions to these Conditions or the Agreement
will only be binding if made in writing and signed by the
Carrier and the Charterer.
(b) The Charterer cannot rely on any verbal undertaking from
or given in the name of the Carrier which is different from
or additional to these Conditions or the terms of the Agreement
(c) The rights of neither party shall be prejudiced or restricted
by any indulgence or forbearance granted by it and no waiver
if any breach shall operate as a waiver of any other or further
breach.
1.27 HEADINGS
The headings in these Conditions are for convenience only
and shall not affect interpretation.
1.28 APPLICABLE LAW
The Agreement and these Conditions shall be governed by and
construed in accordance with English Law.
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