Terms and Conditions:
- Charter – Carrier shall charter and Customer shall take on charter the Aircraft on the terms and conditions herein contained.
- Aircraft and Crew – Carrier shall operate the Aircraft properly equipped, manned and fueled. The crew, who shall be Carrier’s employees, servants or agents, shall, except as otherwise provided herein, operate the Aircraft on the Flight Schedule specified above of this Agreement and any additional flights as agreed by Carrier in Clause (10) below (the “Flight Schedule”). Carrier’s employees, servants or agents shall follow Carrier’s instructions only.
- Flight Sectors – Carrier has the right to utilize flight sectors for any purpose including but not limited to training, certification, commercial and carriage of its staff.
- Carrier’s Discretion – Save as provided in (9) below, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the Flight Schedule) become incapable of undertaking or continuing the Flight Schedule (or any portion thereof), Carrier may, at its discretion, substitute that Aircraft for an aircraft of the same or another type and the provisions of this Agreement shall apply mutatis mutandis to the substituted aircraft. If Carrier does not elect to substitute another aircraft, it shall notify Customer as soon as possible and shall be released from its obligations to provide the Aircraft for the Flight Schedule (or any portion thereof) which can no longer be undertaken and Carrier shall not be under any liability to Customer other than to refund to Customer such part of the Charter Price which relates to the cancelled Flight Schedule (or any portion thereof).
- Captain’s Discretion – The captain of the Aircraft (the “Captain”) shall have absolute discretion to decide what load, including the number of passengers, may safely be carried aboard the Aircraft on any particular flight and how such load shall be distributed, whether and when a flight may be safely undertaken and when and where the Aircraft shall be landed. All such decisions of the Captain shall be final and binding on Customer and Carrier. Carrier shall not be liable to Customer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the Captain.
- Additional Crew – The Flight Schedule has been prepared to take account of relevant statutory and other official flight time limitation requirements. Carrier reserves the right to make additional charges if, for reasons beyond Carrier’s control, it is necessary to provide additional crew or position replacement crew to continue the Flight Schedule and Carrier will have no liability or responsibility to Customer or any other party for any delay to passengers, baggage or cargo so occasioned.
- Loading and Packing – The amount and weight of accompanied baggage shall be at Carrier’s discretion. The following or like articles, namely firearms, explosives, combustible materials and live animals may be carried only with Carrier’s prior consent which may, in its absolute discretion, be withheld. Carrier may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, Carrier may refuse to carry any baggage considered by the Captain or by any other employee, servant or agent of Carrier to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the Aircraft may be flown.
- 8. Charter Price – Customer shall pay to Carrier the Charter Price specified in paragraph (A) of this Agreement in the manner herein provided and shall be responsible for, and pay Carrier on demand, any other additional costs and expenses incurred by reason of any further request of Customer. For purposes of this Clause (7) time shall be of the essence of this Agreement and non-payment of any due amount shall entitle Carrier to suspend or cancel the Flight Schedule (or any portion thereof) without warning or liability and without prejudice to Carrier’s right to claim from Customer any and all monies remaining unpaid. All amounts payable by Customer under this Agreement will be paid free from all set-off, claims, counterclaims, demands, deductions or withholdings whatsoever (except as required by law) and Customer will pay to Carrier, together with the amount of any such Charter Price or other payment, the applicable amount of VAT (if any) or any other tax thereon.
If Customer is required by law to make any such deduction or withholding from an amount payable under this Agreement, it will pay to Carrier such additional amount as will be necessary to ensure that Carrier receives the full amount due to it hereunder. If Customer fails to pay any amount payable by it under this Agreement on its due date, without prejudice to any other rights which Carrier may have, Customer shall pay to Carrier immediately on demand an amount by way of late payment amount equal to 20 per cent per annum accrued on that overdue amount from the due date up to the date of actual payment.
- Carrier’s increased cost-
- The Charter Price is based on Carrier’s costs, charges and expenses anticipated at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, Carrier shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred, or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Any amounts payable by Customer pursuant to paragraph (A) of this Agreement and Clauses (5), (8), (10) and (15) hereof shall be notified to Customer as soon as reasonably practicable and shall be paid by Customer within 7 days.
- The Carrier reserves the right to charge the Customer for any damage incurred to the aircraft interior, whether willful or otherwise. Such damage may include and is not limited to theft, breakages, damage to the woodwork, veneer, carpet, In-flight entertainment system or seating.
- Non-performance or Delay –
- If the performance of the Flight Schedule or any part thereof is prevented or delayed by Customer, its servants or agents or any passenger arriving later than 15 minutes prior to the scheduled Departure Time, Carrier may, at its sole discretion and without any liability whatsoever and to whosoever, either depart as scheduled or charge demurrage against Customer at a daily rate equivalent to TWO Flight Hours at the current Charter Price. In addition, Carrier shall be entitled at any time after demurrage shall have started to run to cancel the Flight Schedule or any part thereof (without prejudice to any claim Carrier shall have against Customer for demurrage up to the time of such cancellation and the rights of Carrier hereunder).
- In the event of non-performance or delay caused by any circumstances whatsoever beyond the reasonable control of Carrier including, but not limited to, the actions of third parties, labor difficulties, force majeure (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, Carrier shall use its reasonable endeavors to perform or continue the Flight Schedule but otherwise shall have no liability to Customer or any passengers for such non-performance or delay.
- Notwithstanding 9(a), Customer shall be liable to pay Carrier 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 payable by Customer pursuant hereto.
- Additional Flight(s) – If Customer requests the use of the Aircraft for any flight(s) other than as specified in the Flight Schedule at paragraph (A) of this Agreement, without prejudice to Carrier’s absolute right to refuse such request, if Carrier
agrees to perform any such flight(s) Customer shall, on demand, pay to Carrier in respect of such flight(s), such sum(s) as Carrier shall notify to Customer as the amount for such additional flight(s) together with all fees and charges incurred, arising from, or in connection with Carrier’s performance of each additional flight including, without prejudice to the generality of the foregoing, landing fees, hangarage fees, parking fees, navigation fees, ground service and handling fees, customs duties and fees, airport surcharges, accommodation, meals and refreshment charges for passengers and crew and all other associated expenses thereby incurred.
- 12. Diversions – If, for reasons of safety or security or other operational reasons not being the fault of Carrier or attributable to Customer or any passengers, the Aircraft is diverted from any scheduled destination specified in the Flight Schedule, Carrier shall use its reasonable endeavors to procure that, as soon as reasonably practicable after arrival at such alternate destination, the Aircraft is flown to its scheduled destination. Carrier shall have no liability or responsibility to Customer or any other party for any delay to passengers, baggage or cargo so occasioned. Customer will be responsible for the additional costs and expenses incurred by as a result of the diversion and/or the flight to the scheduled destination.
- 13. Termination by Either Party – Subject to Clauses (13) and (14) hereof, either party may terminate this 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 any breach of this Agreement, is bankrupt or becomes insolvent or enters into any arrangement or composition with its creditors or, being an 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 reconstruction only).
- Termination by Carrier – If this Agreement is terminated by Carrier:
- Pursuant to Clause 12(a) hereof, then Customer shall not be liable to pay the Charter Price and Carrier shall repay to Customer the Charter Price (or any portion thereof) made by Customer but shall be under no further obligation or liability to Customer by reason of such termination; or
- Pursuant to Clause 12(b) hereof, then Customer shall be liable to pay the appropriate cancellation charges referred to in paragraph (B) of this Agreement 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 Customer pursuant hereto and Carrier shall be under no further obligation or liability to Customer by reason of such termination. Any termination by Carrier pursuant to this Clause (13) will be without prejudice to its rights under this Agreement then accrued or in respect of the matter leading to termination (and in particular without prejudice to its rights under Clause 18 hereof).
- Termination by Customer – If this Agreement is terminated by Customer:
- Pursuant to Clause 12(a) hereof, then Customer shall be liable to pay to Carrier the appropriate cancellation charge referred to in paragraph (B) of this Agreement; and
- Pursuant to Clause 12(b) hereof, then Customer shall be liable to pay to Carrier 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 Customer pursuant hereto.
- Documents/ Documents/Information and Delivery by Customer – Carrier shall supply and complete such documents relating to the carriage undertaken pursuant to this Agreement as Carrier in its absolute discretion shall consider necessary and, when requested by Carrier, Customer shall give to Carrier in good time all information and assistance required to complete such documents. Customer represents and warrants that all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight. In the event that any immigration authorities impose any fines or penalties on Carrier, its employees, servants or agents or refuse entry to any passenger(s) and Carrier is required to transport such passenger(s) to the point of origin of the flight or to any other point, Customer shall pay to Carrier upon demand all fines, penalties, costs and expenses so incurred.
Where notices or information are delivered to Customer or its agents by Carrier for distribution to passengers Customer warrants and undertakes to Carrier that it will effect delivery of such notices or information to the passengers at a reasonable time prior to the commencement of the Flight Schedule and shall indemnify Carrier against all liabilities, costs and expenses which result from any failure by Carrier to effect such delivery.
- 17. Laws and Traffic Regulations
- The Aircraft shall be used only in compliance with the laws and regulations of the relevant authorities of the United Arab Emirates or any other country to, from or over which the Aircraft is flown. Carrier shall, at its own expense, apply for and use its reasonable endeavors to procure the grant of all licenses or permits required by the laws of the United Arab Emirates and of any other country to, from or over which the Aircraft is to be flown for the performance of the Flight Schedule.
- Customer will comply with and shall use its best endeavors to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of Carrier and all customs, police, public health and other laws and regulations which are applicable.
- 18. Liability of Carrier – Carrier does not undertake any carriage as a common carrier or accept the obligations of a common carrier. Carrier does not accept any liability whatsoever (including without limitation consequential loss) injury or delay of, passengers or loss of, damage to, or delay of, baggage or cargo whether arising in contract or in tort, including negligence or otherwise, and whether occasioned by Carrier, its employees, servants or agents (any such liability being hereby excluded save in respect of liability for death or personal injury). If the Flight Schedule involves a destination or stop in a country other than the country of the Aircraft’s Base: in respect of carriage governed neither by the Warsaw Convention 1929 nor by the Montreal Convention 1999, except to the extent that applicable law may otherwise require:
- the Carrier’s liability in respect of injury shall only extend to bodily injury, and the Carrier shall not be liable for mental injury;
- the Carrier’s liability for checked and unchecked baggage shall be limited to 1,000 Special Drawing Rights per passenger and for cargo it shall be limited to 17 Special Drawing Rights per kilo;
- the Carrier’s liability for delay of passengers shall be limited to 4,150 Special Drawing Rights per passenger;
- any right to damages in respect of the death or injury of a passenger or loss or delay of or damage to baggage or cargo shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived or from the date on which the carriage stopped.
- Indemnity – Customer shall indemnify (on a full indemnity basis) Carrier against all claims, demands, losses, expenses, damages and liabilities, however caused (including legal fees and costs) in respect of any:
- liability of Carrier to third persons (including, but not limited to, passengers, consignors and consignees) for any loss or damage of whatsoever nature arising out of any operation of the Aircraft on the instructions of Customer or its representatives or the negligence, willful misconduct or any act or omission of Customer, its servants or agents or any passenger carried by authority of Customer; and
- loss or damage (including aircraft deep clean) of whatsoever nature suffered by Carrier, its employees, servant or agents, or to any equipment (including the aircraft) belonging to Carrier, its employees, servants or agents arising out of the negligence, willful misconduct or any act or omission of Customer, its servants or agents or any passenger carried by authority of Customer and whether tortious or constituting a breach of this Agreement.
– From signing this contract to 10 days before flight: 10% of charter price.
– From 10 days to 3 days before flight: 60% of charter price.
– Less than 3 days before flight: 80% of charter price.
– Less than 24 hours before flight: 100% of charter price.
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- We collect the personal information from you in order to process your request for a charter flight. Without limitation, this information may include your first, second and last name, postal address, contact numbers, email addresses, credit or debit card numbers, their expiry dates, billing addresses, and security numbers. Please keep in mind that this information may be processed globally. If acting of behalf of a third party, make sure to obtain their consent before supplying their personal information to us.
- The information we collect from you will be used by us to ensure you get the best service from us. You may be getting promotions, special offers and advertisements of Flex Flight International DWC latest products and services or, as the case may be, the products and services of any third parties that we consider may be of interest to you. This information may be shared with you by post, email, telephone, or fax. You will always have a choice to stop receiving such information.
- We will disclose your personal information to third parties to the extent required for the performance of charter flight reservations and any related transactions as requested by you.
- Without prejudice to the provisions above, Flex Flight International DWC may disclose your personal information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, in which case, to the extent it is legally permitted to do so, we will give you as much notice of such disclosure as possible.
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