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
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
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.