Premier Air Charter
First Air CharterThe present General Business Rules shall govern all agreements for the chartering of Premier Air Charter, LLC ("PAC") by the Charterer (hereinafter referred to as "the Charterer") of aeroplanes to the exclusion of all other requirements, guarantees and undertakings. Nothing in these General Business Conditions shall be construed to change without the written consent of PAC.
Should a party, business or society enter into the contract as a representative of the charterer, it shall be held responsible with the charterer as joint and several debtor for the charter fee to be paid. For subcontracted aircrafts, the general conditions of this subcontracted air operator shall be applicable and are available on demand.
Under these circumstances, the following terms have the following meanings: Memorandum of Understanding - any arrangement between PAC and the Charterer regarding the charter of an aeroplane from . Aeroplane - any aeroplane that is the object of the charter contract between PAC and the charterer. Charterer - any individual, company or corporation that charter s or offers to charter an airplane from PAC.
PLANES AND CASES. The PAC provides that the charterer shall use the aeroplane fitted out to carry out the charter exclusively for the use of the charterer. Smoke is not allowed on any airplane. Charter shall be considered as started when the aeroplane departs from its point of origin with the passenger on the aeroplane or departs from its point of origin with a localisation aeroplane to pick up the passenger.
Charterer undertakes to present the passenger or freight at the scheduled departure or arrival dates and at the scheduled locations in all aspects prepared for boarding or unloading. In the event that the Passenger does not start embarking or boarding within two consecutive hour after the agreed date, PAC may terminate the Charter Contract and the Charterer shall be responsible for termination fees in accordance with the terms of clause 14.
If, within four working days of the scheduled flight date, PAC does not present the aeroplane for boarding or replaces another aeroplane, there shall be no further commitment or responsibility towards the Charterer beyond the reimbursement of any amount already received from the Charterer, and the Charterer shall be free to charter another aeroplane from another Carrier and shall have no claims against PAC.
REPLACEMENT OF AIRPLANES. If it is not able to meet part of the charter, PAC is authorised to replace another carrier or similar aeroplane. If such replacement involves extra charges, these shall be communicated to the Charterer, who shall be authorised either to take up the extra charges or to refuse the tender of alternate transport.
If the charterer rejects the alternate transport service PAC is authorised to levy a pro rata fee for the closed sector. It is the sole judgement of the master of the aeroplane (the "Captain"): The charter fee may then be cancelled and no refund made; (c) to determine what loads may be transported on the vessel and how they are to be divided; (d) to determine whether and when a safe landing can be made and where and when the vessel is to be grounded; (e) to disembark or depart at any moment or place, for any reason whatever it deems necessary for the security of the vessel, crews, passenger or freight.
The passenger must follow any instructions or instructions given by the master in order to complete the journey satisfactorily. UNFAVOURABLE WEATHER CONDITION. a) postpone the aeroplane by a time dependent on other aeroplane performance standards; b) provide the charters with an alternate aerodrome of choice. If another place of delivery causes extra expenses, these expenses shall be at the expense of the hirer.
Neither of the parties may terminate the Ticket with a two hour cancellation period. PAC is authorised in this case to levy a proportional fee for all closed sector. Irrespective of such unfavourable meteorological circumstances, the Charterer shall be responsible if the Charterer requires the operation of the scheduled service and the Skipper, at his own option, shall be responsible for any extra cost arising from the operation or diversion of the service if the initial arrival point is not suitable for disembarkation.
b ) The Charterer shall arrange for all goods to be carried to be adequately and correctly packaged, taking into consideration all appropriate requirements of the PAC and the master and, where appropriate, in accordance with the rules of the Civil Aviation Authority for the security of the aeroplane, passenger, crew and/or freight.
You are not allowed to carry the following objects on airplanes: Furthermore, the transportation of any other type of dangerous goods, arms, rifles, knife, sharps or pressure cylinder on the aeroplane is not allowed without the previous agreement in writing of PAC. PAC, its personnel and its assistants, the master or members of the crew shall have the right to deny transportation of goods if they consider them to be potentially dangerous.
CARTER PRIZE. Charterer shall immediately make the charter fare (as specified in the Offer and Contract) to PAC, but in any case before the planned date of take-off, unless PAC has otherwise provided a loan target. If PAC fails to make the Charter charge payable, PAC shall be authorised to handle the non-payment in such a way that it constitutes the Charterer's termination of the Charter in question, which shall entitle PAC to make the payments in accordance with the terms of clause 14.
Charter price does not cover extraordinary operating costs such as de-icing (or hangar instead of de-icing), expansion costs due to timetable changes or higher -than-standard daytime caterers. The PAC is eligible for interest on arrears at a level of 2% per commenced months, accrued interest per monthly period.
In the event that after the date of an agreement the cost increases, e.g. safety fees, air travel insurances, petrol, airport taxes or similar expenses in connection with the operations of the airplane or part of the charter, PAC shall be authorized to raise the charter price accordingly.
DEPARTING FROM THE FLOW. While PAC will make all reasonable efforts to supplement the timetable, PAC shall be authorised to leave the timetable for reasons beyond its reasonable control and the Charterer shall refund to PAC, upon request, any extra costs thereby caused. The PAC is not responsible for damages resulting from a deviation from the timetable.
If, for any reasons beyond the PAC's reasonable control, the aircraft is redirected from one of the destinations specified in the timetable to another location, the aircraft shall be considered to have completed its journey when it reaches that other location. Charterer agrees that any personally identifiable information provided to PAC may be used for the purpose of simplifying migration and travel formalities, obtainment of assistance and may be made available to governmental authorities.
Charterer authorises PAC to store and use this information and to share it with its own officer, agent, agency, authority, carrier or service provider. PAC may charge cancelation fees as shown below in the case of charter or portion thereof cancellation: 50% OR flight costs and costs due depending on which amount is higher.
For a subcontracted air crafts, the fees for cancellations shall be based on the specific circumstances of the subcontracted air company, available on demand. The PAC is not responsible for the operations, consequential damages or damages incurred by groundhandling operators, whether these have been chartered by the PAC or directly by the charterer.
Inappropriate actions of the Charterer. Charterer shall hold PAC harmless from all claim and expense (including attorneys' fees and costs) in relation to PAC's liabilities to third parties (including but not restricted to passengers, shippers or consignees) for any losses or damages of any kind (including charges and expense based on full indemnification) resulting from any unlawful act or neglect of Charterer, its employees or representatives or any passengers transported under Charterer's power.
Notwithstanding PAC's liability under this License, PAC shall not be responsible for any breach of PAC's duties under this License, your use of PAC's products or services, or any breach of PAC's warranty, whether in contract, tort, strict liability or otherwise, arising out of any act, incident or circumstances beyond PAC's control, whether caused by force majeure (including fire, flooding, earth quake, windstorm, cyclone or other acts of God), severe climatic events, epidemics, explosions, judicial or administrative or regulatory process, acts of God, acts of God, war, riots, sedition, disturbances, internal disturbances or the like, PAC shall not be responsible for any breach of PAC's duties under this License, or any breach of PAC's general warranties or any breach of PAC's warranty,
Protests, demonstrations, sabotage, terrorism, invasions, acts committed by alien foes, animosities (whether or not they declare war), citizens' wars, rebellions, revolts, insurrections, armed or u.s. forces or seizures, terrorism, nationalisation, state sanctions, blockades, embargoes, labour disputes, strikes, lockouts or other commercial disputes, airplane displacement or existence or seizure.
Charterer shall observe and abide by the PAC and Custom Rules and other rules and procedures in force in the country where the flight is operated, landing is performed or over which the flight is performed.
Charterer guarantees that all Charterer Persons are in possession of all necessary passes, visa, health certificate and other necessary documents to ensure passage through stopovers and/or arrival at destinations, and in the case that the competent authority refuses to allow a Charterer to enter a country, if PAC is obliged to carry such persons to the point of departure of the journey or to another place, the Charterer shall reimburse PAC for the costs incurred upon request.
Subject to the express provisions of these General Conditions, PAC shall not be in any way responsible to the Charterer (whether by default of PAC, its staff or representatives or otherwise) for any losses or damages of any kind (including but not limited to incidental or punitive damages), provided that this does not preclude or limit PAC's responsibility for injury or death resulting from the default of PAC or its staff or representatives.
Charterer shall hold PAC harmless from all claim and expense (including attorneys' costs and expenses) in relation to PAC's third party liabilities (including but not restricted to passengers) for any losses or damages of any kind (including but not restricted to expense and expense on a full indemnification basis) resulting from any unlawful act or neglect of Charterer, its agents or representatives or any person authorized by Charterer.
Charterer shall not be permitted to transfer the benefits of a contract to another party without the written permission of PAC. Any part of the Agreement (including these General Conditions ) which is held by a judicial or other appropriate body to be invalid or enforceable shall be deemed separable and shall in no way prejudice the validity of the remaining provisions.
Offers are contingent upon staff availabilities, meteorological condition, air travel limitations and plane availabilities at the signing date. Any agent, broker and third party who pays the fare on the charterer's account must pay the excise duty. Nothing in these General Business Rules is intended to be construed as a guide only and does not alter its meaning.