| | General Terms and Conditions of
Aircraft Charter (To be read in conjunction with an Aircraft Charter Agreement)
These general terms and conditions apply to the chartering of aircraft from Elite Airways Limited (trading as Elite Air) by an individual person, company or firm (the "client"), to the exclusion of all other terms, conditions, warranties and representations, except any specifically agreed between the parties in writing.
1. Definitions
1.1 The Aircraft shall mean any aircraft which is the subject of a booking and charter agreement
between Elite Air and the client.
1.2 The Carrier shall mean the operator of the chartered Aircraft and any of its staff or assigns.
1.3 The Charter Price shall mean the price payable for the scheduled flights(s) and such services
as are agreed in advance between Elite Air and the client, which for the client's convenience,
shall be quoted in Pounds Sterling, US Dollars, Euros or such other local currency as agreed
between the parties.
1.4 The Confirmed Charter shall mean the charter confirmed by Elite Air in accordance with
paragraph 2 of these terms and conditions.
1.5 The Flight Schedule shall mean the designated place of departure, arrival and any stopping
points as well as any departure and arrival times agreed between Elite Air and the Client as
part of the charter, together with any amendments or additions made during the course of
the charter as agreed between Elite Air and the Client.
2. Confirmed Charters
2.1 On receipt of a charter confirmation from a Client, the Client will be bound by these terms
and conditions, subject to the confirmation from The Carrier that the Aircraft is still available
to carry out the Flight Schedule. Once this confirmation has been received from the Carrier,
the charter will be confirmed with the Client by Elite Air by a Charter Contract.
2.2 Performance of the Flight Schedule is conditional on all the necessary authorisations to operate
the Flight Schedule as imposed on Elite Air by the carrier.
3. Elite Air's Rights and Obligations
3.1 Elite Air will, through its nominated agents, provide an Aircraft for the Client, fully manned,
fuelled, and equipped to carry out the Flight Schedule set out in the Aircraft Charter
Agreement (Annex B). Elite Air may substitute alternative carriers or aircraft reasonably
suitable for the charter without liability.
3.2 No services will be included as part of the charter, save for those specifically agreed in writing
and paid for by the Client as part of the Charter Price. Any additional services requested by
the client and not outlined in the contract must be paid for separately, including but not limited
to services such as executive lounges, upgraded onboard catering, drink bar services,
transfers and accommodation.
3.3 Elite Air, on behalf of the contracted carrier, reserves the irrevocable right at any time to
refuse to allow the Client or any of its passengers on board should this be deemed necessary
by the carrier and its nominated agents for whatever reason, including but not limited to,
their behaviour, and to charge the Client any costs related to the Client's or any of its
passenger's behaviour which causes financial loss, such costs including but not limited to
crew and pilot expenses (such as refreshments and accommodation) and other costs
resulting from delays to the Flight Schedule caused by such behaviour.
3.4 Should the Confirmed Charter Aircraft(s) become unavailable for any reason (whether before
or after the commencement of the flight schedule), and in situations where the contracted
carrier is not contractually obliged to find a suitable replacement, Elite Air will use its best
endeavours to find another suitable Carrier at the same price. Should this prove impossible,
Elite Air will use its best endeavours to find an alternative Carrier and/or Aircraft at as close
a price as possible and the Client shall be liable to pay the increased Charter Price. If Elite
Air is not able to substitute another Aircraft it shall not be under any liability to the client and
the client shall remain liable to pay for that part of the Flight Schedule that has already been
carried out.
3.5 Elite Air reserves the right to allow use of any unused space in the Aircraft, including for
additional passengers. This would where possible be through prior agreement with the Client.
4. Clients Obligations
4.1 The client must provide all information in respect of its passengers to allow tickets and other
travel documents to be produced.
4.2 The Client shall arrive, and shall ensure all passengers arrive, at the designated place of
departure by the designated check-in time as set out in the Aircraft Charter Agreement
and Elite Air and the contracted carrier reserve the right for the Aircraft to depart as
scheduled whether or not all the passengers are on board the Aircraft. Elite Air
and the contracted carrier will have no further responsibility in relation to those passengers
who fail to make it to the flight operating to the Aircraft Charter Agreement Schedule
(Annex B to Agreement).
4.3 Should Elite Air and the contracted carrier be in a position to offer a revised schedule on the
day of the flight due to late arriving passengers, the Client shall be liable to pay any costs
arising from and incidental to the delay. Such costs may include, but shall not be limited to,
additional airport charges (such as extended opening hours and parking), as well as costs
in relation to additional crew expenses (such as accommodation, refreshments, meals and
anything else at the reasonable request of the carrier and operating crew. The Client will
also be accountable for the cost of providing welfare for all other passengers delayed as
a result (such as refreshments, meals, accommodation and any other service not contained
in the Aircraft Charter Agreement (Annex C).
4.4 In the case of a cancelled or partially cancelled flight, either at the request of the Client or
non-availability of aircraft, the Client will be liable for any and all subsequent transport
costs for his passengers and all associated welfare responsibilities, including but not limited
to, refreshments, meals and accommodation.
4.5 All decisions regarding flight routing (including decisions to add, omit or alter a stopping place
in case of necessity), how and when to take off and land the Aircraft, airworthiness, weather,
or any other matter that could possibly affect the safe operation of the aircraft and safety
of aircraft, crew and passengers shall be made by the Pilot In Command. The client will be
liable to pay any increase in the Charter Price occasioned by any deviations from the Flight
Schedule, which the pilot, co-pilot or carrier deem necessary. If any flight(s) in the Flight
Schedule is/are diverted to another airfield, the flight(s) shall nevertheless be deemed
to be complete in accordance with the Flight Schedule; no compensation or reduction in
the Charter Price shall be given and the client will be liable for any additional costs resulting
from any such diversion.
4.6 Should Elite Air and the Client agree any amendments or additions to the Flight Schedule
subsequent to signing an Aircraft Charter Agreement, the Client shall pay any increase in
price resulting from those amendments or additions in accordance with paragraph 5.4
below.
4.7 The Client shall ensure that no damage is caused to the Aircraft by them or any of their
passengers and agrees to accept full responsibility for ay costs associated with and
incidental to the repair of any such damage, including any costs associated with delays
to the Flight Schedule resulting from any such damage. The contracted carrier will invoice
the client directly and payment of such invoice shall be made in accordance with
paragraph 5 below.
4.8 It is expressly agreed and understood by the Client that Elite Air makes no warranties,
guarantees or undertakings whatsoever in relation to the carriage of non-standard
passenger baggage or for the carriage of cargo. It is agreed by the Client that Elite Air
makes no warranties, guarantees, or undertakings whatsoever in relation to damage,
loss or theft of any luggage or baggage item and such claims must be taken up directly
with the contracted carrier.
4.9 The carriage of hazardous or dangerous goods on the Aircraft shall not be permitted
and the carrier and its staff or assigns shall have the right to refuse carriage of any
goods should they deem such goods to be potentially hazardous.
4.10 The Client shall ensure that all its passengers have possession of all necessary travel
documentation in order to allow passage into the designated place or places of arrival
as set out in the Flight Schedule, including but no limited to visa and passport
documentation and both Elite Air and the contracted carrier make no warranty and
accepts no responsibility in relation to the requirements for entry into or departure
from any of the scheduled countries or states and the Client shall be liable for any
costs occasioned by and incidental to any failure by it or its passengers to present the
correct documentation.
4.11 The Client shall comply, and ensure all passengers comply, with all directions given by
the carrier in relation to applicable customs, legislation, police, public health and other
regulations and other rules and codes of industry practice that are applicable to the
United Kingdom and other countries or states to which the Fight Schedule relates.
4.12 The client shall be responsible for any additional charges for warehousing, ground
transportation, and customs.
4.13 The Client agrees that it shall not sub charter any seats on the Aircraft.
5. Payment
5.1 For the purpose of this section, time shall be of the essence and non-payment shall
entitle Elite Air to cancel or suspend the Flight Schedule without liability and without
prejudice to Elite Air's right to claim from the client the monies remaining unpaid.
5.2 The client shall pay Elite Air the charter price to the payment schedule contained
within the Aircraft Charter Agreement.
5.3 The payment of the Charter Price shall be made in the quoted currency, which will be
Pounds Sterling, US Dollars, Euros or such other currency as is agreed between the
parties in advance and without deduction or set off unless otherwise agreed in
writing between the parties. Elite Air reserves the right to recharge the Client for
any fluctuation in the exchange rates applicable to the currency quoted as detailed
within the Aircraft Charter Agreement.
5.4 In the event of there being any increased costs to Elite Air or its contracted agents
performing any of their obligations under these terms and condition which are beyond
their control, Elite Air may give notice of such increases to the Client and the Charter
Price payable by the client shall increase accordingly.
5.5 If the Client shall delay in making any payment to Elite Air when due, interest on the
amount overdue will be payable at 2% above prevailing bank of England base rate of
interest per month or part of a month, compounded monthly.
6. Termination of Agreement
6.1 Either party can, on the giving of written notice, cancel the booked flight(s) subject to
the payment of the cancellation charges contained with the Aircraft Charter Agreement.
6.2 Should the Client decide to cancel the agreement, Elite Air shall notify the client of any
expenses already incurred in relation to the chartered flight and the Client shall make
payment for those expenses.
6.3 In so far as the Client has already made payment of the full charter price in accordance
with paragraph 5.1 above, any sums over and above the amounts stipulated at 6.1 and
6.2 shall be repaid to the client.
7. Exclusions and Limitations of Liability
7.1 Except as expressly provided in these terms and conditions, Elite Air shall not be liable to the
Client in any manner whatsoever (whether arising from the negligence of Elite Air, its
employees or agents or otherwise) for any loss or damage whatsoever (including, without
limitation, consequential loss or special damage, death or personal injury).
7.2 Carriage shall be subject to the rules on 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 extended provisions of the Covention to such
carriage or which otherwise limit the Carrier's liability.
7.3 The Client shall indemnify Elite Air against all claims and expenses (including legal fees and
costs) in respect of any liability of Elite Air to third parties (including but not limited to
passengers) 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 Client, its servant or
agents or any passenger carried by authority of the Client, or for any such reason or
circumstance as is mentioned in paragraph 7.2 above, subject to the exception and
proviso mentioned in that paragraph.
8. General Provisions
8.1 No variation of terms and conditions shall be effective unless agreed in writing.
8.2 Neither party shall assign any of its rights or obligations hereunder in whole or in part
without the prior written consent of the other, such consent not to be unreasonably
withheld.
8.3 Other than in accordance with those paragraphs contained within these general terms and
conditions, no third party shall have any right under the contracts (Rights of Third Parties)
Act 1999.
8.4 These terms and conditions shall be governed and construed in accordance with English
law, and the English courts shall have exclusive jurisdiction to settle any claim or matter
arising under this agreement.
8.5 Any dispute arising between the parties concerning these terms and conditions shall be
referred to a single arbitrator to be agreed between the parties.
9. Force Majeure
9.1 If a party is materially prevented, hindered, or delayed from performing any of its
obligations under the Aircraft Charter Agreement and these general terms and conditions,
by reason of any act, event or circumstance, the cause of which is not of such party's
making nor within that party's reasonable control, including but not limited to Act of God, war,
hostilities (whether or not war has been declared), terrorist acts, riot, insurrection, civil
commotion, public demonstration, sabotage, acts of vandalism, fire, flood, earthquake,
extreme weather conditions, epidemic, explosion, the order of any court or government
or regulatory authority, any strike, lock-out or other industrial trade dispute (not involving
solely the parties of that party), structural shift or subsistence, provided always that lack
of funds shall not be interpreted as a cause which is not a party's making nor within a
party's reasonable control, obligations under this letter of agreement shall be permanently
suspended.
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