CHARTER BROKER TERMS & CONDITIONS
The person or company whose full legal name, address and contact appears in the Flight Booking (“Charterer”) hereby engages AviBroker LLC (“AviBroker”) to act as its broker to arrange for the charter services described in the Flight Booking. AviBroker hereby accepts said engagement and shall act as a broker on behalf of Charterer from third-party certified air carriers (the “Operator” or “Operators”) operating under Part 135 of the Federal Aviation Administration (“FAA”) Regulations (Title14 of the Code of Federal Regulations) or foreign equivalent.
1.1 In these conditions, the following expressions shall have the following meanings:
1.2 "Agreement" shall mean the Flight Booking and these General Terms;
1.3 "Aircraft" shall mean any aircraft which is the subject of a booking and charter agreement organised by AviBroker for the Charterer;
1.4 "Charterer" shall mean the person, firm or body corporate as identified in the Flight Booking;
1.5 "Operator" shall mean the operator of the Aircraft or any of its employees, directors and officers;
1.6 "Flight Booking" shall mean the flight confirmation and schedule of specific terms signed by the Charterer and AviBroker;
1.7 "Charter Price" shall mean the price payable for the Agreement and such services as are agreed in advance between AviBroker and the Charterer as set out in the Flight Booking;
1.8 "Flight Schedule" shall mean the place of departure, place of destination and any stopping points, together with any indications of departure and arrival dates and times, set out in the Flight Booking;
1.9 "General Terms" shall mean the general terms and conditions set out below.
1.10 "STD" means the scheduled time of departure in the Flight Schedule.
2. THE CHARTER BOOKING
2.1 AviBroker shall arrange that the Operator provides the Aircraft manned, maintained, equipped and fuelled for the Flight Schedule. The Charterer agrees that the carriage will be provided by the Operator who will have sole responsibility for the operation of the Flight Schedule and maintenance and operation of the Aircraft. The Charterer accepts that AviBroker acts only as agent for the Charterer and the Operator in arrangement of the Flight Booking. The Charterer also accepts that the crew of the Aircraft are the servants and agents of the Operator and shall be authorised to take instructions only from the Operator unless otherwise agreed by the Operator in writing prior to the commencement of the Flight Schedule.
2.2 If at any time prior to the STD, the Aircraft becomes unavailable or unserviceable for any reason whatsoever prior to commencement of the Flight Schedule, the Operator will endeavour to find another suitable operator at the same price. Should this prove to be impossible, AviBroker will endeavour to find an alternative operator and/or Aircraft as at close a price as possible to the Charter Price and put such possibility to the Charterer for acceptance. If AviBroker is not able to substitute another Aircraft or the Charterer does not accept any available alternative, AviBroker shall return the Charter Price to the Charterer and shall not be under any further liability whatsoever to the Charterer. However, the Charterer shall remain liable to pay for any part of the Flight Schedule that has already been operated.
2.3 The Charter Price includes the cost of fuel, oil, maintenance, landing, hangerage, parking, ground handling and the remuneration and expense of aircrew during the Flight Schedule. All other costs, including, but not limited to licence fees, clearance fees, royalties, baggage screening charges, security charges, customs duties, airport and passenger taxes, any connections to and from airports, ground accommodation, ground transfers, cabin service, onboard satellite telephone costs and any other additional service costs whatsoever and howsoever arising shall be paid by the Charterer unless otherwise specified in the Flight Booking. Any such additional costs shall be invoiced by AviBroker to the Charterer and shall be paid promptly by the Charterer.
2.4 The Charter Price and all other charges provided for in this Agreement are exclusive of value added or sales tax which shall be paid in addition by the Charterer at the rate applicable at the tax point.
2.5 AviBroker requires payment of the cost provided in advance before the flight by the date specified in the Flight Booking by bank transfer in the account reported.
2.6 If any payment is not received from the Charterer by the date specified in the Flight Booking, AviBroker may, without prejudice to any other rights or remedies it may have in respect of such default, cancel this Agreement with no further liability to the Charterer and AviBroker will be entitled to cancellation charges from the Charterer in accordance with Clause 4.1.
3. OPERATION OF THE FLIGHTS
3.1 The operation of the Flight Schedule will be subject to the Operator's terms and conditions of carriage, a copy of which the Charterer may obtain on request from AviBroker.
3.2 If the Aircraft, for any reason, whether before or after the commencement of the Flight Schedule, becomes incapable of undertaking or continuing all or part of the Flight Schedule, the Operator may at its absolute discretion substitute one or more aircraft of the same or another type and the terms of the Agreement remain unaffected.
3.3 If the performance of the Flight Schedule is prevented or delayed by the Charterer or anyone acting on its behalf including (but not limited to) any passenger arriving later than 30 minutes before the STD, the Operator may at its absolute discretion and without liability depart as scheduled or delay departure. Any additional expense attributable to such delayed departure shall be borne by the Charterer.
3.4 In the event of non-performance of the Charter Agreement or delay caused by 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 any machinery to be used in relation to the Aircraft, the Operator shall use all reasonable endeavours to perform or continue the Flight Schedule but otherwise shall have no liability to the Charterer whatsoever.
3.5 In the event of non-performance of the Charter Agreement or delay under Clause 3.4 above, the Charterer shall be liable to pay to AviBroker such proportion of the Charter Price as shall apply to that part of the Flight Schedule which has been performed.
3.6 If the Aircraft for any reason is diverted from any airport, aerodrome or destination shown in the initial Flight Schedule to another, the journey to the scheduled destination shall be deemed to be complete when the Aircraft arrives at such other destination.
3.7 The Captain of the Aircraft shall have absolute discretion:
3.7.a to refuse any passenger(s), baggage, cargo or any part thereof;
3.7.b to decide what load may be carried on the Aircraft and how it shall be distributed;
3.7.c to decide whether and when a flight may be safely undertaken and where and when the Aircraft shall be landed.
3.8 The Charterer shall ensure that any goods to be transported are sufficiently and properly packed for carriage and shall supply adequate tie-down material and equipment taking into account all reasonable demands of the Operator and the Captain and where necessary complying with IATA “Dangerous Goods Regulations”.
4. CANCELLATION AND TERMINATION
4.1 The Charterer may cancel this Agreement at any time prior to the STD by notice in writing to AviBroker. Upon such cancellation, the Charterer will be obliged to make payment to AviBroker according to “cancellation policies” set out in the Flight Booking.
4.2 As stated in Clause 2.6 AviBroker may terminate this Agreement immediately by notice in writing if the Charterer becomes insolvent or otherwise unable to pay debts.
4.3 If AviBroker terminates this Agreement under this Clause, the Charterer shall be liable for cancellation charges in accordance with Clause 4.1. If the Charterer cancels one or more of the flights in the Flight Schedule, the Charterer shall pay AviBroker cancellation charges based on such proportion of the Charter Price as AviBroker shall reasonably determine.
For more information, please contact the AviBroker Operations Centre via email or call direct on +39 (0)11 089 1417 (Europe-MENA-Asia) or +1 (302) 966-9190.