Terms and Conditions of Charter (14 CFR Part 135 Air Carrier Operations)
These Terms and Conditions shall apply to all contracts for the charter of aircraft from Premier Air Charter, LLC (“PAC”) by the Charterer (hereinafter defined), to the exclusion of all other terms, conditions, warranties and representations. No variation of these Terms and Conditions shall be effective unless agreed in writing by PAC. These Terms and Conditions shall apply to all contracts for the charter of aircraft from Premier Air Charter, LLC (“PAC”) by the Charterer (hereinafter defined), to the exclusion of all other terms, conditions, warranties and representations. No variation of these Terms and Conditions shall be effective unless agreed in writing by PAC. Where a person, firm or company enters into the Agreement as an agent of the Charterer, such entity shall be jointly and severally liable with the Charterer for the payment of the charter price. In the case of sub-contracted aircraft the Terms and Conditions of that sub-contracted carrier, which will be available upon request, will apply.
In these conditions the following expressions shall have the following meanings: The Agreement – any agreement between PAC and the Charterer for the charter of an aircraft from. The Aircraft – any aircraft which is the subject of the charter Agreement between PAC and the Charterer. The Charterer – any person, firm or body corporate chartering, or offering to charter, any aircraft from PAC.
2. AIRCRAFT AND CREW.
PAC shall provide for the Charterer’s sole use the Aircraft equipped for the performance of the charter. Smoking is not permitted on any aircraft.
A charter is deemed to have commenced when the aircraft leaves its departure point with the passengers on board or leaves its departure point on a positioning flight to collect the passengers. The Charterer agrees to present the passengers or cargo at the times and in the places stated in the flight schedule in all respects ready to commence embarkation or loading. If the passengers fail to commence embarkation or loading within two hours after the appointed time, PAC shall have the option of cancelling the charter agreement and the Charterer shall be liable for cancellation charges in accordance with the provisions of Clause 15. If within four hours after the agreed departure time, PAC fails to present the aircraft for loading or to substitute an alternative aircraft, it shall be under no further obligation or liability to the Charterer beyond the refund of any sum already paid by the Charterer and the Charterer shall be at liberty to charter an alternative aircraft from an alternative Carrier and shall have no claim whatsoever against PAC.
4. SUBSTITUTION OF AIRCRAFT.
In the event that it is unable to perform any part of the Charter PAC shall be entitled to substitute any other operator or any equivalent aircraft. Should such substitution involve additional costs, such costs shall be notified to the Charterer, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage. In the event of the Charterer declining the offer of alternative carriage PAC shall be entitled to apply a proportionate charge for the completed sectors.
5. CAPTAIN’S DISCRETION.
The Captain of the Aircraft (the “Captain”) shall have absolute discretion: (a) to refuse any passenger(s), baggage or cargo; (b) notwithstanding (a) above, to deny boarding to any passenger who is deemed by the Captain in his opinion to be unacceptable to fly due to intoxication through drink or drugs or unruly behavior. In this case the charter price may be forfeited and no money refunded; (c) to decide what load may be carried on the Aircraft and how it shall be distributed; (d) to decide whether and when a flight may be safely undertaken and where and when the aircraft should be landed; (e) to land or deviate at any time or to any place whatsoever for any purpose which in his opinion is necessary for the safety of the Aircraft, crew, passengers or cargo. Passengers must comply with all and any orders or directions given by the Captain for the satisfactory completion of the flight.
6. ADVERSE WEATHER CONDITIONS.
If in the judgement and absolute discretion of the Captain, the destination airfield is unsuitable for landing at the scheduled ETA for whatsoever reason PAC will have the right to: (a) delay the flight for a period depending upon further requirements for the aircraft; (b) offer the charterer an alternative destination airfield. Should such alternative destination involve additional costs, such costs shall be borne by the Charterer. Either party may cancel the flight after a delay of two hours. In which event PAC shall be entitled to apply a proportionate charge for any completed sectors. Notwithstanding such adverse weather conditions, should the Charterer request that the flight is conducted to the flight schedule, and the Captain in his absolute discretion agrees, the Charterer will be liable for any additional costs incurred for any holding or subsequent diversions if the original destination remains unsuitable for landing.
7. LOADING AND PACKING.
(a) Each item of baggage must not weigh more than 25kg. (b) The Charterer shall ensure that any goods to be transported are sufficiently and properly packed for carriage taking into account all reasonable demands of PAC and the Captain and where necessary complying with any regulations of the Civil Aviation Authority for the safety of the aircraft, passengers, crew or cargo. (c) PAC does not accept responsibility for personal items, valuables or luggage.
8. DANGEROUS GOODS.
The following items are not permitted on board aircraft: Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous), Explosives (munitions, fireworks and flares), Corrosives (acids, alkalis, mercury and wet cell batteries), Radio-active material Flammable liquids and solids (lighter fuel, matches of any kind, paints, thinners and fire-lighters), Poisons (weed-killer, insecticides and live virus or bacteria), Oxidizing materials (peroxides and bleaching powder), Other items which are irritating or offensive materials or magnetized materials. Ammunition for firearms may be carried at the discretion of PAC by prior arrangement. In addition, the carriage of any other kind of hazardous goods, weapons, guns, knives, sharp implements or pressurized cylinders on the Aircraft shall not be permitted without the prior written consent of PAC.
PAC, its staff and employees, the Captain or members of the flight crew shall have the right to refuse carriage of any goods should they deem such goods to be potentially hazardous.
9. CHARTER PRICE.
The Charterer shall pay promptly to PAC the Charter Price (as defined in the Quote and Contract) and in any event prior to the scheduled departure date unless a different credit period has been agreed by PAC. All payments shall be made without deduction, set-off counterclaim or withholding whatsoever. PAC shall be entitled to treat non-payment of the Charter Price as constituting the cancellation by the Charterer of the relevant Charter entitling PAC to payment in accordance with the provisions of Clause 15 below. The Charter Price does not include exceptional operational charges such as, but not limited to, de-icing (or hangarage in lieu of de-icing), airport extension fees due to changes to schedule, or catering requests beyond the standard “to suit time of day”.
10. INTEREST ON DELAYED PAYMENT.
PAC shall be entitled to interest on the amount overdue at the rate of 2% per month or part thereof, compounded monthly.
11. CARRIER’S PROTECTION AGAINST INCREASED COST.
If there is any increase after the date of any Agreement in costs such as, but not limited to, security charges, aviation insurance premiums, fuel, airport passenger duty or similar costs relating to the operation of the aircraft or any part of the Charter, PAC shall be entitled to increase the Charter Price accordingly.
12. DEPARTURE FROM FLIGHT SCHEDULE.
PAC shall use all reasonable endeavors to complete the Flight Schedule but shall be entitled to depart from the Flight Schedule for any cause beyond its reasonable control and the Charterer shall reimburse PAC on demand for any additional expenses incurred as a result. PAC shall not be liable for any consequential losses, howsoever incurred, arising from any departure from the Flight Schedule.
If for any reason beyond PAC’s control the Aircraft is diverted from any destination shown in the Flight Schedule to another destination the flight shall be deemed to be complete when the Aircraft arrives at that other destination.
14. PERSONAL DATA.
The Charterer accepts that any personal data provided to PAC may be used for the purposes of facilitating immigration and entry procedures; obtaining ancillary services and may be made available to government agencies. The Charterer authorizes PAC to retain and use such data and to transmit it to their own officers, authorized agents, government agencies, carriers or providers of ancillary services.
In the event of cancellation of the Charter or any part of it, PAC may apply cancellation charges as shown below:
Amount of Notice – Proportion of Quotation or Charge
25-48 Hours – $500
24 hours or less – $1,000
Day of the first flight OR no notice/no show – 50% OR cost of flying and expenses incurred whichever is the greater.
In the case of a sub-contracted aircraft, the cancellation charges will be in accordance with the terms and conditions of the relevant sub-contracted carrier, which will be available upon request.
16. GROUND TRANSPORTATION.
PAC will not be liable for the operation, subsequent loss or damage caused by ground transport companies whether booked by PAC or directly by the Charterer.
17. WRONGFUL ACTS OF CHARTERER.
The Charterer shall indemnify PAC against all claims and expenses (including legal fees and costs) in respect of any liability of PAC to third persons (including but not limited to passenger, consignors or consignees) for any loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising out of any wrongful act or omission of the Charterer its servants or agents or any passenger carried with the authority of the Charterer.
The Charterer shall be liable for any damage sustained to the interior of the aircraft during the course of the charter
18. FORCE MAJEURE.
PAC shall not be liable for any failure to perform its obligations under this agreement including these Terms and Conditions by reason of any act, event or circumstance, the cause of which is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), extreme weather conditions, epidemic, explosion, the order of any court or governmental or regulatory authority, war, riot, civil commotion, public demonstration, sabotage, acts of vandalism, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout , or other industrial trade dispute, structural shift or subsistence or requisition of aircraft.
19. LAWS AND TRAFFIC REGULATIONS.
The Charterer shall comply with and ensure that each passenger and/or owner of freight carried observes and complies with all traffic regulations of PAC 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 to secure transit through any intermediate points and/or entry into the place of destination and in the event that the local authorities refuse entry to any passenger in circumstances where PAC 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 PAC upon demand.
20. EXCLUSIONS AND LIMITATIONS OF LIABILITY.
Except as expressly provided in these Terms and Conditions, PAC shall not be liable to the Charterer in any manner whatsoever (whether arising from the negligence of PAC, its employees or agents or otherwise) for any loss or damage whatsoever (including, without limitation, consequential loss or special damage) provided that this shall not exclude or restrict PAC’s liability for death or personal injury resulting from the negligence of PAC or its employees or agents. The Charterer shall indemnify PAC against all claims and expenses (including legal fees and costs) in respect of any liability of PAC to third parties (including but not limited to passengers) for any loss or damage whatsoever (including but not limited to costs and expenses on a full indemnity basis) arising out of any wrongful act or omission of the Charterer, it servants or agents or any passenger carried by authority of the Charterer.
The Charterer shall not be entitled to assign the benefit of any Agreement to any other person without the consent in writing of PAC.
If any part of the Agreement (including these Terms and Conditions) is considered by any court or other competent authority to be unenforceable, it shall be considered severable so as not in any way to affect the remainder of the terms.
23. ACQUIESENCE OR DELAY.
No failure to exercise nor any delay in exercising any right or remedy hereunder shall operate as a waiver thereof or as a waiver of any other right or remedy hereunder, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
All quotes are subject to crew availability, weather conditions, airport traffic restrictions, and aircraft availability at the time of signature.
All agents, brokers and third parties paying for the flight on behalf of the Charterer must collect and remit Federal Excise Tax.
The heading in these Terms and Conditions are for convenience only and shall not affect interpretation.