Standard Terms & Conditions for the Charter of Aircraft
These conditions apply to all chartering aircraft from PremierJet Ltd, to the
exclusion 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" - PremierJet or its associates
"The Charterer" - any person, form 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 arrive 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 or associates.
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 the flight unless forming part of the agreement.
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 at its discretion substitutes therefore
one or more aircraft of the same or another type and the provisions of the
Agreement shall apply mutatis mutandis 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. 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
c) To decide whether and when a flight may be safely undertaken and where
and when the Aircraft should be landed.
1. 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 damage
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
c) Charges for ground transportation warehouse handling warehouses and
customs clearance shall be at the expense of the Charterer.
1. 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.
2. 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. Unless
credit facilities have been put in place prior to flight, payment (cleared
funds) must be made prior to flying. The Carrier reserves the right to cancel
the Flight Schedule without warning in the event that monies remain unpaid at
the proposed time of departure.
3. 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
months, compounded monthly.
4. CARRIER'S PROTECTION AGAINST
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 1.5 (c)
5. 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.
6. 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
b In the event of non-performance or delay caused by actions of third
parties, labour difficulties, force majeurs (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.
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. 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,
hangerage 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.
2. 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.
4. 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 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. 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 obligation 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. TERMINATION BY CHARTERER
It 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
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. THE CANCELLATION CHARGE
1 If notice of cancellation received more than 10 full working days no
charge will be levied
2 If notice of cancellation received less than 10 working days but more
than 48 hours before scheduled departure time twenty per cent (20%) of the total
3 If notice of cancellation received less than 48 hours before scheduled
departure time thirty percent (30%) of the total charter price
4 If notice of cancellation received at or after scheduled departure time
sixty per cent (60%) of the local 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. 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 Carriers 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 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 Carriers liability
c In the event of an accident the Carrier’s liability is not subject to
any financial limit, be it defined by law, convention or contract in respect of
damages sustained in the event of death, wounding or any other bodily injury by
a passenger. The Carrier has strict liability for the first 100,000 SDRs
(approximately £85,000) of any claim unless it can prove that the damage was
caused by, or contributed to by, the negligence of the injured or deceased
passenger. For claims in excess of this limit, the Carrier may be exonerated if
it can prove that it and ites agents took all necessary measures to avoid the
damage or that it was impossible for it or them to take such measures. The
Carrier will 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 as may be required to meet immediate economic needs
on a basis proportional to the hardship suffered. Without prejudice to the
above, an advance payment of at least 15,000 SDR's (approximately £13,000) per
passenger will be made in the event of death. Making an advance payment shall
not constitute recognition of liability and may be offset against any subsequent
The payment shall be non-returnable unless
The Carrier proves that the damage was caused by, or contributed to by, the
negligence of the injured or deceased passenger; or
Where it is subsequently proved that the person who received the advance payment
was not the person entitled to compensation; or
is subsequently proved that the person who received the advance payment caused,
or contributed to, the damage by negligence. The Carrier has insurance cover of
at least 100,000 SDR per passenger and no less that the minimum stipulated by
the CAA. (a) The Charterer agrees to indemnify the Carrier and keep the Carrier
indemnified against all liabilities claims costs and expenses whatsoever
incurred to due 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. WRONGFUL ACTS OF CHARTERER
The Charterer shall indemnity 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 or omission of the
Charterer its servant or agents or any passenger carried by authority of the
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
form any failure by the Carrier to effect such delivery.
3. 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.
4. 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.
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.
6. CHANGES IN AGREEMENT AND WAIVER
a Alterations and additions to this Conditions of 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.
The heading in these Conditions are for convenience only and shall not affect
2. APPLICABLE LAW
The Agreement and these Conditions shall be governed by and construed in
accordance with English Law.