Terms and Conditions of Charter

1. Charter

1.1. The Operator warrants that it has all the necessary permissions, consents, licences and approvals from the relevant authorities to fulfil its obligations under this Agreement. The Operator has an Air Operator’s Certificate (AOC) (number GB2450) issued by the UK Civil Aviation Authority that allows it to conduct flights that depart from and arrive at the same aerodrome. A copy of the AOC is available on request.

1.2. The Operator warrants that insurance will be in place for the Flight for third party and passenger liability with a combined single limit of at least £10 million. Any additional insurance cover required by an individual Passenger must be obtained by that Passenger at his or her own cost.

2. Charter Price and Payment

2.1. The Charterer will pay the Charter Price in full prior to the departure of the Flight. The Charter Price is fixed regardless of the number of Passengers.

2.2. The Charter Price includes all fuel, take-off and landing charges, and insurance premiums in respect of the Flight.

3. Passengers

3.1. The maximum number of Passengers is fixed at four unless otherwise agreed with the Operator.

3.2. The Charterer is responsible for the conduct and behaviour of all the Passengers and for the accurate entry of the Passenger information in the table above. The Charterer may not on-sell a seat on the Flight to any person.

3.3. The Operator reserves the right to utilise any spare seats on the Flight.

4. Aircraft and Crew

4.1. The Operator will provide the Aircraft at the commencement of the Flight and operate it in accordance with the terms and conditions of its AOC.

4.2. The Charterer agrees, and will ensure that all Passengers acknowledge, that the Captain of the Aircraft shall have complete discretion concerning the preparation of the Aircraft for flight, whether or not the Flight will be undertaken or abandoned once undertaken, the route to be followed, and all other matters relating to the operation of the Aircraft. The Captain will have complete discretion to refuse to carry any Passengers or luggage. The Charterer shall accept all decisions of the Captain as final and binding.

4.3. The Operator may in any event, without any liability to the Charterer or to any Passenger, refuse to carry any Passenger if the Operator decides that this is necessary for safety reasons or because of the Passenger’s conduct prior to take-off.

5. Cancellation, Delay, Change to Flight Time

5.1. The Operator may cancel the Flight prior to take-off for any reason including, without limitation, adverse weather conditions, the unavailability of Aircraft or crew, delayed arrival of Passengers, or any cause outside the Operator’s control. In the event of cancellation, the Operator’s only liability to the Charterer shall be to refund the Charter Price, unless the Operator or Captain takes the decision to cancel the Flight because of the behaviour of one or more of the Passengers, when no refund will be given. The Operator shall not be liable for any costs, expenses, damages or losses which the Charterer or the Passengers may incur (including, for example only, the costs of accommodation, refreshments or meals for the Passengers) and which arise directly or indirectly from the cancellation of a Flight. No substitute aircraft will be provided if a Flight is cancelled.

5.2. The Operator will use reasonable endeavours to perform the Flight at a time and on a route that allows the Passengers to observe the advertised locations. However, the Operator shall not be liable for any costs, expenses, damages or losses of the Charterer or the Passengers if there is a delay to the Flight or if the Passengers’ view is unsatisfactory to them in any way.

5.3. The Flight Time is an estimate only and is not guaranteed by the Operator, but the Operator will use reasonable endeavours to ensure that the Aircraft completes the intended task. The Operator may land the Aircraft early for safety reasons, such as weather conditions, the behaviour of any Passenger, or any other cause beyond the Operator’s control.

6. Luggage

6.1. The Passengers may bring on board only light hand luggage, personal effects and cameras. Dangerous goods may not be brought onto the Aircraft.

7. Indemnity and Liability

7.1. The Operator’s liability, and all warranties, conditions and other terms implied by statute or common law, is excluded to the fullest extent permitted by the law.

7.2. Nothing in this Agreement limits or excludes the Operator’s liability for death or personal injury resulting from the negligence of the Operator or its employees or agents or for any damage or liability incurred as a result of the Operator’s fraud or fraudulent misrepresentation.

7.3. Save as provided above:

• 7.3.1. The Operator shall under no circumstances whatsoever be liable to the Charterer or any Passenger, whether in contract, tort (including negligence), or breach of statutory duty, or for any loss of profit or any indirect or consequential loss arising under or in connection with this Agreement; and
• 7.3.2. The Operator’s total liability under this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price.

7.4. The Operator hereby excludes any liability for any sum that can be recovered under any insurance policy.

7.5. The Charterer shall indemnify the Operator, its officers, employees, sub-contractors, agents and servants against all costs, claims, demands, expenses, liabilities and losses incurred, of whatever nature, caused by or arising in connection with:

• 7.5.1. any loss or damage to the Aircraft or any equipment caused by the Charterer or any Passenger; and
• 7.5.2. any failure by the Charterer to observe and perform its obligations under this Agreement or any negligence or wilful misconduct of the Charterer or any Passenger.

7.6. The Operator is not a common carrier and does not and shall not be deemed to undertake any carriage to which this Agreement relates as a common carrier.

7.7. There is not implied into this Agreement any warranty as to the condition of the Aircraft or its crew (except as expressly set out) or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement.</p?>

7.8. The indemnities in this Agreement shall survive its expiry or termination.

8. Law and Jurisdiction

8.1. This Agreement shall be governed by and construed in accordance with English law, and the parties agree that the courts of England shall have exclusive jurisdiction in the event of any dispute.