1. Unless otherwise specified, defined terms have the same meaning as in the Private Charter Ltd terms of use available here.
2. The Baltic Air Charter Association ("BACA") has produced an Industry Standard 'passenger aircraft charter agreement' as a legal guide to its members and their private aviation customers.
3. Aircraft Operators using Private Charter Ltd agree to adopt the following Standard Charter Terms in their dealings with Private Charter Ltd Members. The Standard Charter Terms are modeled substantially on BACA’s charter agreement, with the aim of providing consistency of contractual approach for Private Charter Ltd Members.
"Agreement" means these Standard Charter Terms, the Charter Contract and any Special Conditions.
"Aircraft" means any aircraft (including helicopters) operated in connection with any Flight.
"Charter Price" means the total amount set out in Private Charter Ltd invoice(s) issued in respect of a single Agreement (which includes Private Charter Ltd’s fee for facilitating an Agreement.).
"Flight" means a flight described in a Charter Contract. "Charter Contract" means the online confirmation issued to the Charterer by Private Charter Ltd confirming an aircraft charter and Flight details.
"Private Charter Ltd" means Private Charter Ltd a company registered under the Jebel Ali Free Zone offshore Companies Rules 2003 having its registered office at Office No: 106,Al Qusais Plaza Building,Damascus Street Al Qusais,PO Box- 19524, Dubai,UAE.
"Private Charter Ltd Exchange Rate" means the midpoint rate as published on www.oanda.com, plus a 2% currency administration fee.
"Private Charter Ltd Members" those persons who subscribe to use the services of Private Charter Ltd as are made available through Private Charter Ltd or through any mobile application made available by Private Charter Ltd from time to time.
"Private Charter Ltd Tender Process" means the online process by which the Charterer submits a request for fulfillment of a Flight requirement. This is then responded to by one or more Aircraft Operators who can fulfill the Charterer's itinerary requirements, submitting a quotation together with details of any Special Conditions or Charterer requirements.
"Special Conditions" means those variations to the Standard Charter Terms upon which the Carrier will perform the Flight for the Charterer and which, in the event of inconsistency with these Standard Charter Terms, take precedence as between the Parties.
- No Refund is given if cancelled 72 Business Hours prior to Departure.
- No Refund is given in case of part booking, not confirmed within 72 Business Hours prior to the departure date.
- No Refund is given due to any delay in making payment on the part of the Charterer.
- No refund of any amount (whether in part or full), if the full amount is not paid 72 Business Hours prior to departure.
- No refund, if part payment made towards the booking and the full amount is not paid within 72 Business Hours prior to departure.
- No refund of part payment will be given incase the full amount is received after the date and time of departure.
- No refund, in case the complete amount is paid but necessary details/documents are not provided within 72 Business Hours prior the departure.
- No refund, in case of incomplete documents/details provided by the Charterer disentitles him/her to board the charter.
- No refund if booking made within 72 Business Hours prior to departure.
- No refund, in case of “NO SHOW”.
- The Charterer will be liable to pay damages to Private Charter Ltd due to No Show on the date and time of flying, or occurred by Private Charter Ltd due to above cancellations done by the Charterer.
2. The Charter Price is calculated and is based on aviation fuel costs and other factors prevalent at the time of enquired/booking date/time of final payment. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel or other things relating to the arranging of the charter, between the Booking Date and the date of operation of any Flight, then the Charterer shall, if so required by the Carrier, pay Private Charter Ltd on demand such amount as shall fully compensate the Carrier for such increase in costs.
3. If for any reason payment of the Charter Price or any installment thereof shall not be made on the due date then the Charterer shall pay to the Carrier interest on the amount unpaid at the rate of 24 % per annum above the base rate for the time being of Lloyds TSB Bank plc, calculated on a daily basis from the due date until the date of payment (both before and after judgment), compounded monthly.
4. The Charter Price is agreed in the currency shown on the Charter Contract. On request from the Charterer Private Charter Ltd in its sole discretion may elect to accept settlement of the price in either in US Dollars, Euros or GBP Sterling. On request, a new invoice will be issued to the Charterer, converting the Charter Price using the Private Charter Ltd Exchange Rate on the date of issue of the invoice. If immediate payment is not received then Private Charter Ltd reserves the right to recalculate the conversion of the Charter Price into the Charterer’s requested currency at the date of payment, and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued under an Agreement shall evidence the “Charter Price” of that Agreement and are subject to these Standard Charter Terms.
5. Payment of the Charter Price shall be made directly to the account specified by Private Charter Ltd which is authorised to accept payment on behalf of the Carrier and received in cleared funds in such account, no later than 2 weeks prior to the date of the Flight as set out in a Charter Contract. When Flights are booked within 2 weeks of the proposed date of the Flight, full and immediate payment of the Charter price is required at the time of booking. At the request and cost of the Charterer, Private Charter Ltd can arrange for prepaid sums to be placed on hold in an escrow account. Time shall be of the essence for payment of the Charter Price and any other sums under any Agreement.
6. No set-off or counterclaim (whether arising in respect of an Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable under or by reason of an Agreement.
7. The Charterer shall be responsible for reimbursing the Carrier on demand in respect of any de-icing costs incurred in connection with the performance of an Agreement. For a fee additional to the Charter Price, the Charterer may obtain a de-icing waiver through Private Charter Ltd. If the Charterer does not purchase a de-icing waiver, Private Charter Ltd shall implement a credit card hold of 1500 EUR or equivalent currency. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Agreement by Charterer in accordance with these Standard Charter Terms. If the Charterer fails to make such settlement, the Charterer agrees that Private Charter Ltd shall be entitled to request payment of the sum on hold from the Charterer's credit card.
8. In the event that the Charterer requests a change in routing or any other significant change (for example flight time change, passenger manifest change, change of airport or additional flight requirements) in respect of one or more Flights being undertaken by the Carrier under an Agreement and such requests are accommodated by the Carrier (which shall be at the Carrier's sole discretion), Private Charter Ltd will issue an amended or replacement Flight Confirmation and the Charterer will pay on demand any additional costs set out therein.
9. Private Charter Ltd offers Private Charter Ltd as an Aircraft charter booking platform and Private Charter Ltd acts as a facilitator for Aircraft Operators. Private Charter Ltd deducts from the Charter Price a facilitation fee before remitting funds received from the Charterer to the Carrier.
10. Payment of sums due under these Standard Charter Terms may be made by credit or debit card. If the Charterer makes payment of the Charter Price by credit or debit card then the Charterer shall be additionally responsible for card charges (currently 4%) incurred by Private Charter Ltd and/or the Carrier in facilitating payment by debit or credit card. For the avoidance of doubt, Debit and credit card charges are not refundable in the event of cancellation of Flight(s) or an Agreement.
11. If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, Private Charter Ltd shall use its reasonable commercial endeavors to find a suitable replacement Aircraft and shall disclose any extra costs to the Charterer. If Private Charter Ltd’s efforts are successful, but the Charterer elects not to accept the replacement Aircraft found by Private Charter Ltd, Private Charter Ltd shall be entitled to retain all sums due to it under these Standard Charter Terms (including Private Charter Ltd's fee for facilitating an Agreement) had the Charterer accepted the replacement Aircraft. If Private Charter Ltd's efforts are unsuccessful, the Charterer’s sole remedy shall be a full refund of the Charter Price (less Private Charter Ltd’s fee for facilitating an Agreement) in respect of that part of any Charter Contract which cannot be fulfilled due to Aircraft unavailability. Any such refund which relates to a partial cancellation of an Agreement shall be calculated on a pro rata basis as follows: percentage of total Charter Price (less Private Charter Ltd's fee for facilitating an Agreement) to be repaid shall equal the percentage of total flight hours under the Charter Contract which will not be flown due to unavailability of the Aircraft. For example, if 7 flight hours of a total of 28 flight hours chartered were unavailable, the Charterer would be due a refund of 25% of the Charter Price (less Private Charter Ltd’s fee for facilitating an Agreement).
12. Unless agreed in advance of the Flight, WiFi charges are not included within the Charter Price. Any charges by the Carrier for WiFi used, that was not included in the Charter Agreement will be passed onto the Charterer to be paid on receipt of invoice. 13. If the Charterer uses a credit card to secure a flight, then full payment by bank transfer should be processed on the same day. If this payment is not received by Private Charter Ltd’s bank by 3 days after the booking date, the credit card payment will be taken including a 4% transaction fee. If a bank transfer is received after this time, the bank transfer will be refunded, less a further transaction fee of 4%
1. The Carrier shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft. The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations during the period of the Flight(s).
2. Subject to its general operational requirements, the Carrier shall use its reasonable endeavors to: > Have Aircraft and operating personnel, including cabin staff ready to fly no later than thirty minutes prior to the Flight departure time set out in a Charter Contract; > Have an operating personnel member available to meet passengers at entrance to airport, FBO or agreed meeting point; and > Have an operating personnel member available to escort customers to their onward transport post disembarking a flight on arrival at destination
3. Private Charter Ltd shall use its reasonable endeavors to:
> Respond promptly to any Charterer communication
> Inform Charterers as soon as reasonably practicable on becoming aware of possible delay for any reason to a Flight schedule.
Private Charter Ltd’s highest priority is flight safety. As such, the captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken and/or whether a Flight is to be abandoned once undertaken. The Charterer shall accept as final and binding all decisions of the captain on all matters relating to the operation of the Aircraft, including any deviation from proposed route or where landing shall be made.
> All ground and operating personnel, including cabin staff, are authorized to take orders from the Carrier only unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Charterer. > All Aircraft are designated non-smoking, unless confirmed to the Charterer in writing before the Flight. If smoking takes place on an Aircraft, the Charterer will be liable for all associated cleaning costs charged by the Carrier.
When required, the Carrier shall supply or procure all necessary documents relating to the carriage and Flight undertaken pursuant to an Agreement. The Charterer shall give Private Charter Ltd all necessary information and assistance to complete such documents as soon as possible after the making of an Agreement and, in any event, in sufficient time to be completed for issue to passengers.
2. In the event of any delay (other than any delay for technical reasons the responsibility for which shall lie with the Carrier) deviation or diversion of any Flight, the Charterer shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Charterer's passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier shall be reimbursed by the Charterer to the Carrier on demand.
3. In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the Carrier, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Private Charter Ltd by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried.
4. Flights can only be confirmed once full payment has been received. Final cost of Flights is also subject to all crew availability, international over flight permits, airport slots and airport parking being in place and non-availability at any time may result in an increase in price of the charter.
2. The Charterer shall hold harmless and indemnify the Carrier and/or Private Charter Ltd (as applicable) from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Charterer or any passenger of the Charterer in complying with any of the provisions of an Agreement.
3. The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights and will procure such compliance on the part of all its passengers.
4. The Charterer shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.
5. The Charterer shall comply and shall procure that all its passengers shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state to/from or over which the Aircraft is or may be flown.
2. The Charterer shall indemnify the Carrier against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier and its officers, employees agents or subcontractors arising out of any act or omission of the Charterer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
3. The Carrier shall not be deemed to undertake any carriage to which an Agreement relates as a common carrier.
4. Carriage performed under a Charter Contract shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its applicable 'General Conditions of Carriage'.
5. The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.
> Defaults in the payment of any amount payable hereunder on due date or as mentioned in the refund and cancellation policy; or;
> Behaves in a manner which in the reasonable opinion of Private Charter Ltd is likely to bring Private Charter Ltd into disrepute or otherwise to compromise or adversely affect the reputation and standing of Private Charter Ltd.
2. The Charterer shall indemnify the Carrier against any claims by any passenger of the Charterer arising out of the termination of an Agreement.
2. The Charterer shall indemnify the Private Charter Ltd against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Private Charter Ltd and its officers, employees agents or subcontractors arising out of any act or omission of the Charterer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
2. Time shall be of the essence in respect of the Charterer's performance of its obligations under any Agreement.
3. Each Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the aircraft as described herein.
4. No party has relied on any warranty or representation of any other party except as expressly stated or referred to in an Agreement. The Carrier expressly disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the Flights including without limitation any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty arising from course of performance, course of dealing or usage of trade; or (c) implied warranty of no infringement.
5. No claims shall be made against the Carrier in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of the aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in an Agreement.
6. No variation of an Agreement shall be effective unless made in writing and signed by both parties.
7. The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
8. No failure by the Carrier to exercise and no delay by the Carrier in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
9. The Charterer shall not be entitled to assign the benefit of any Agreement.
10. Each Agreement shall be governed by and interpreted in accordance with laws of UAE and the parties hereto hereby submit to the exclusive jurisdiction of the UAE Courts.
Built on the strong principles of Customer Service, Dedication and Ethics coupled with strength of professionally qualified staff, Private Charter Ltd is well poised to provide cost effective and high quality aviation services to its clients.
2. That the Jurisdictional Courts of UAE alone shall have the sole and exclusive jurisdiction over the dispute arising out of this contract between Private Charter Ltd and the Charterer.
3. The rights and obligations of the parties shall be construed in all respects in accordance with the Laws of UAE.