Terms and Conditions

Home Terms and Conditions

I. PARTIES

Charterer: A user (a person, a group or any other legal entity such as a corporation) making a booking on our platform (website or mobile app).

AOC Holder: Private fixed and rotary wing aircraft provider with a licensed Air Operator Certificate within the jurisdiction of its operation.

Carrier: An AOC holder who provides chartered services on our platform to a Charterer in accordance with the Aerocopt terms and conditions.

II. Definitions

The following Terms applies:

  • Agreement – a Contract between a charterer and a Carrier who is providing a chartered service via our platform.
  • Aircraft – fixed or rotary wing aircraft operated by a AOC holder Carrier.
  • Charter Contract – confirmation (issued in soft copy) issued to the Charterer confirming an aircraft charter.
  • Passenger(s) – Person(s) or legal entity(ies) or groups who, for the purpose of this Charter Agreement, may be the same person(s) or legal entity(ies) as the Charterer or person(s) or legal entity(ies) for whom the Charterer has booked a flight on his/her/their/its behalf.
  • Flight – flight described in a Charter Contract between the Charterer and the Carrier brokered on our platform.
  • Special Conditions – variations to the Standard Charter Terms upon which the AOC holder Carrier will provide service for the Charterer and which, in the event of inconsistency with these Standard Charter Terms, take precedence as between the Parties.

III. Charter

When a charterer charters a specific aircraft that has been made available by a Carrier, the Carrier shall make available to the Charterer the aircraft as specified in a Charter Contract.

The Charterer make use of the chartered aircraft in accordance with the terms of the charter agreement, including any stipulated conditions and/or special requests which have been communicated between the Charterer and the Carrier during.

IV. Charter Price and Payment

The Charterer shall pay the quoted amount, in the currency, using the payment method agreed in the Charter agreement..

If there is a change in the agreed amount due to unforeseeable circumstance, e.g. a sharp increase in aviation fuel cost between the date of booking and the date of flight operation that requires the provider Carrier to amend the quote, a new quote shall be made available to the Charterer to fully compensate the Carrier for such increase.
The Charterer shall not withhold payment (in full or part) payable with respect to the service that we provide as contained in this Agreement.

V. Cancellation

If the Charterer, or a person or legal entity acting on their behalf, requests a cancellation the following rates will be paid forthwith by the Charterer after the contract exchange :

  • 10% of the agreed original price if canceled within 7 days of the proposed flight,
  • 25% of the agreed original price if cancelled within 24 hours of the scheduled flight.

Aircraft Operator may cancel in the following circumstances:

  • in adverse weather condition that impacts a proposed flight
  • if the aircraft has been found not to be airworthy between the time of booking and the time of a proposed flight
  • if a user cancels any leg of a proposed flight for any reason

NOTE:
The Aircraft Operator SHALL inform the user of the reason(s) for cancellation as soon as possible and no later than 24 hours prior to flight time.
Failure of the Aircraft Operator to inform the user of flight cancellation more than 24 hours in advance shall result in the Aircraft Operator being liable to compensate the user 20% of the cost of the flight.

VI. Aircraft and Crew

A carrier (fixed and rotary wing aircraft provider) with a licensed Air Operator Certificate shall be responsible for providing the Aircraft booked by the Charterer as scheduled. The Aircraft shall be in a well maintained, properly manned and equipped, fuelled and airworthy condition in accordance with the laws and regulations of the jurisdiction where the Aircraft is registered and operated.

The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations throughout the flight duration.

The Carrier, subject to its general operational requirements, shall:

  • have all operating personnel ready to fly no later than thirty minutes prior to the flight departure time set out in a Charter Contract;
  • have an operating personnel available to meet passengers (or goods to be transported) at entrance to airport, FBO or agreed meeting point;
  • have operating personnel(s) available to escort the Charterer to their onward transport post disembarking a flight on arrival at destination

VII. Documentation

The Carrier shall possess and retain all necessary documents required to operate the flight undertaken pursuant to an Agreement.

The Charterer shall provide all necessary details, information and assistance to facilitate all documentation required to facilitate the flight to be undertaken.

VIII. Flight times, loading, and embarkation

The Charterer’s passenger (or goods to be transported) shall arrive along with any baggage at the specified check-in point at the departure airport in sufficient time to be carried on any flight. If the passenger (or goods to be transported) fails to arrive in sufficient time to be carried on the flight then we (Aerocopt) and/or the Carrier shall not be liable to the Charterer’s passenger(s). We (Aerocopt) and/or the Carrier shall have no obligation to make any alternative arrangements for the passenger.

If the Carrier, in its absolute discretion, arranges for the passenger (or goods to be transported) to be carried on an alternative flight, the Charterer shall pay on demand an additional sum that the Carrier requires to transport each passenger (or goods to be transported), cover taxes and all administrative costs accruable to us and the Carrier.

In the event of any delay (other technical delays the responsibility for which shall lie with the Carrier), flight deviation or diversion, the Charterer shall be solely responsible for any and all accommodation, refreshments, meals, transportation, phone calls, internet use, or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Charterer’s passengers (or goods to be transported) 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 on demand.

In the event that Charterer’s passenger(s) is/are refused entry at any destination airport, the Charterer shall indemnify us (Aerocopt) and the Carrier against any and all costs or expenses incurred by us and/or the Carrier in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier by any airport or immigration authority) or of any arrangements made by us and/or the Carrier to return such passengers (or goods to be transported) the city or country from which such passenger (or goods to be transported) was originally carried.

IX. Carrier Default

If a Charter Agreement is terminated, then the Charterer shall (without prejudice to any other rights and remedies which the Carrier may have) pay all amounts to the Carrier hereunder, together with interest thereon (if any). The Charterer shall indemnify and keep the Carrier indemnified against all losses, damages, costs, expenses, claims or liability incurred or sustained by the Carrier as a result of such termination and the Carrier shall be entitled to retain any initial deposit paid by the Charterer.

The Charterer shall indemnify the Carrier against any claims by any passenger of the Charterer arising out of the termination of an Agreement.

X. Obligations of the Charterer

The Charterer shall comply with all the requirements in relation to the performance of all of the Charterer’s obligations as set out in this Agreement.

The Charterer shall indemnify us and the Carrier 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 this Agreement.

The Charterer shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.

The Charterer shall ensure that all its passengers comply with all applicable customs, police, public health, immigration and other lawful regulation of any city / state / country to/from or over which the Aircraft is or may be flown.

The indemnities contained in this Clause X shall survive the termination of this Agreement.

XI. Exclusion of liability/indemnity

Aerocopt shall be under no liability to the Charterer or to his/her/their/its passenger(s) with regards to any variation, or cancellation of flight(s) or the non-availability of seats which results from the acts or omissions of the Carrier, or for any failure by the Carrier to perform any flight. The Charterer hereby acknowledges that in any such event the Charterer shall only have recourse against the Carrier.

Aerocopt, its subsidiary or Agent(s) shall be under no liability to the Charterer for any failure by it or by the Carrier to perform their respective obligations under this Agreement. This includes any event arising from force majeure, labour disputes, airport or border closure in any jurisdiction for any jurisdictional and/or public health reason(s), strikes or lock-outs or any other cause beyond the control of the Aerocopt or the Carrier including accidents to or failure of the Aircraft, its engines, or any other part thereof or any machinery or apparatus used in connection therewith.

The Charterer shall indemnify the Carrier and Aerocopt against any claim by his/her/their/its passenger(s) arising out of any such variation, cancellation, non-availability or failure to perform provided always that if the Aerocopt shall receive any refund from the Carrier in respect of any such varied cancelled or unperformed flights or unavailable seats which have already been paid for by the Charterer, the Aerocopt shall (subject to the provisions of Clause XIV hereof and provided always that the Charterer shall have duly fulfilled its obligations under this Agreement), repay such refund to the Charterer.

The Charterer shall indemnify the Carrier and Aerocopt against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier or by Aerocopt and their respective 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.

The Carrier shall not be deemed to undertake any carriage to which this Agreement relates as a common carrier.

The Charterer hereby acknowledges to Aerocopt that it recognises that Aerocopt acts only as a service platform for the Carrier and that Aerocopt is not in any way responsible for the acts, omissions or defaults of the Carrier or the failure of the Carrier to perform its obligations contemplated hereunder and the Charterer hereby agrees to indemnify Aerocopt against any and all liabilities, claims, demands, suits, judgments, damages and losses, including reasonable expenses, costs and legal fees in connection therewith or incidental thereto arising directly or indirectly out of any failure by the Carrier to comply with its obligations contemplated hereunder.

The indemnities contained in this Clause XII shall survive the termination of this Agreement.

XII. Termination

A Charter Agreement may be terminated immediately upon written notice from Aerocopt or the Carrier if the Charterer or person(s) / legal entity acting on his/her/their/its behalf:

  • defaults on any agreed payment(s) payable hereunder on due date; or
  • is in breach of any of its obligations; or
  • is unable to pay its debt; or
  • subject to administrative order, winding-up, dissolution order, enforcement order; or
  • subject to creditor’s order of payment priority or all forms of credit enforcement orders including seizure orders;
  • realises material adverse change in his/her/their/its business, assets, condition, operations;

A Charter Agreement may be terminated immediately if the Charterer’s guarantor realises any of the events specified in this Clause XII in relation to the Charterer’s obligations to us within the scope of the Charter Agreement.

XIII. Effect of Default

Upon termination of the Charter Agreement, the Charterer shall immediately pay to Aerocopt, as the service platform, any monies due and unpaid to the private aircraft provider hereunder, together with interest due without prejudice. The Charterer shall indemnify and keep the Carrier indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the provider as a result of such termination. In this circumstance, the provider and/or shall be entitled to retain any initial deposit paid by the Charterer.

The Charterer shall indemnify the provider and/or Aerocopt against any claims by the Charterer’s passenger(s) arising out of the termination of the Charter Agreement.

XIV. Set-off and application of moneys

Aerocopt may set-off any sums paid by the Charterer to Aerocopt against any amounts due to /payable to Aerocopt under this Charter Agreement or against any amount due at that time from the Charterer to Aerocopt at any time without notice to the Charterer.

XV. General

Notices may be left at, or sent by signed registered mail to, the address stated in the notice to whom it is to be given provided the Notices are served on a working day (not a weekend or national holiday).

This Agreement sets out the understanding between the parties in connection with the private aircraft charter as described herein.

No party has relied on any representation of any other party(ies) except as expressly stated in this Agreement.

No claims shall be made against Aerocopt in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of an aircraft via Aerocopt’s service platform except where such representation, warranty or indemnity is expressly contained or incorporated in this Agreement.

No amendment or addendum to, or variation of, this Agreement shall be effective unless made in writing and signed by both parties. Aerocopt reserves the right to update the Agreement in the course of providing its services. Any amendment shall be posted or updated on any or all it’s platforms, either in hard or soft copies.

All commercially-sensitive details, including the Charter Price, payment terms, etc. provided (either directly by Aerocopt or any of the private aircraft providers that utilises its platform(s)) are confidential to the parties and may not be disclosed to third parties without prior approval.

Aerocopt’s failure to exercise or delay in exercising any of its right, power of privilege hereunder shall not constitute as a waiver of such rights, power or privileges under the terms of this Agreement.

Aerocopt’s partial exercise of any right, power or privilege shall not 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.

The Charterer shall not be entitled to assign the benefit of this Agreement.