Terms & Conditions
General Conditions of Business
Conditions of business for commercial/executive air taxi transportation
All conveyance services provided by the air carrier are rendered subject to commercial air taxi transportation regulations
2. Aircraft and Crew
Capital Air Charter Ltd (the carrier) shall provide for the Charterer’s use the Aircraft manned and equipped for the performance of the Flight Schedule.
3. Carriers Discretion
If the carrier 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 mutatis mutandis to the substituted aircraft PROVIDED ALWAYS that if the Carrier elects not to substitute another aircraft the Carrier shall not be under liability or loss sustained by the Charterer for any delay cost or other liability or loss sustained by the Charterer as a consequence of the inability of the Aircraft to perform or complete the Flight Schedule. 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 incapacitated.
4. Captain’s Discretion
The Captain of the Aircraft shall have absolute discretion:
To refuse any passenger(s) baggage cargo or any part thereof passenger
To decide what load may be carried on the aircraft and how it shall be distributed
To decide whether and when a flight may be safely undertaken and where the Aircraft should be landed.
5. Loading and packing
Subject as otherwise provide in these Conditions loading and unloading of any Aircraft shall be at the expense of the Carrier
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 office of the Carrier)
Charges incurred for ground transportation, warehouse handling, warehousing and customs clearance shall be payable by the Charterer.
6. Unused Capacity
The Carrier shall be entitled at its own discretion and without compensation to use any part of the carrying capacity of the Aircraft unused by the Charterer (except for the purpose of the carriage of additional passengers) and to use any part of the Flight Schedule unused by the Charterer.
7. Charter Price
The Charterer shall pay 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 purpose of this clause time shall be of the essence of this agreement and non-payment of the charter price when the same 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.
8. Interest on Delayed Payment
If the Charterer shall delay making any payment to the Carrier when the same falls due interest on the overdue amount shall be payable at 2% above the base rate of Bank of Scotland PLC per month or part of a month, compounded monthly.
9. Carriers Protection Against Increased Cost
In the event of there being an increase in the cost of the Carrier performing any of its obligations under the Agreement between the date of the Agreement and the completion of the Flight Schedule which is beyond the control of the Carrier the Carrier may give written notice thereof to the Charterer and the price payable by the Charterer shall thereby be increased by the amount directly attributable to such increase and shall be payable within 7 days after receipt of such notice by the Charterer unless the Charterer has terminated the agreement pursuant to clause 15c hereof.
10. Taxes and Charges
Unless expressly included therein the charter price does not include any taxes, levies or charges assessed or imposed by any taxation or airport authority consequent upon 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.
11. Travel Documentation
The Charterer shall ensure that passengers will provide all relevant and current travel documentation required to enter the country of destination. Further, the Charterer will indemnify and in particular reimburse Capital Air Charter Ltd in respect of air fares, hotel or other accommodation, fines, penalties or any other expenditure incurred as a result of any passenger being denied admissibility into a country whether of transit or of destination, or as a result of failure to comply with the laws of the country concerned or to produce the required documents.
12. Non-performance or Delays
If the performance of the aircraft is delayed, prevented or otherwise affected by any passenger arriving later than 15 minutes before scheduled departure time the carrier may at its discretion and without liability depart as scheduled.
In the event of non-performance or delay caused by the 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 of 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.
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.
13. 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 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.
14. 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 it deems this necessary in its absolute discretion 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 its intended destination (as shown in the Flight Schedule) to another airfield, the journey shall be deemed to be complete when the aircraft arrives at the diversion airfield.
16. 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:
At any time before the time specified for the commencement of the first journey set out in the Flight Schedule or
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 reconstruction only) or
In the case of the Charterer only 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.
17. Termination by Carrier
If the agreement is terminated by the Carrier
pursuant to clause 15a 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
pursuant to clause 15b hereof then the Charterer shall be liable to pay the appropriate cancellation charges referred to in clause 18 hereof together with 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 incurred by the Carrier and so that the Carrier shall be under no further liability to the Charterer by reason of such termination.
18. Termination by Charterer
If the agreement is terminated by the Charterer:
pursuant to clause 15a hereof then the Charterer shall be liable to pay the Carrier the appropriate cancellation charge (if any) referred to in clause 18 and
pursuant to clause 15b and 15c 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.
19. The Cancellation Charge
If notice of cancellation is received or cancellation is effected less than 14 days and more than 7 days before scheduled departure time: 10% of the total charter price
If notice of cancellation is received or cancellation is effected less than 7 days and more than 48 hours before scheduled departure time: 25% of total charter price
If notice of cancellation is received or cancellation is effected after 48 hours before departure time: 50% of total charter price.