Terms and Conditions
CHARTER ADVISORY - BROKER GENERAL TERMS & CONDITIONS („General Terms“)
The person and/or company (“Charterer” or “party”) whose full name or legal name, address and contact appears in the Flight Confirmation, hereby engages charter advisory s.r.o (charter advisory” or “party”) to act as his/its broker to arrange the charter services described in the Flight Confirmation. Charter advisory hereby accepts this engagement and shall act as a broker on behalf of Charterer with third-party certified air carriers (the “Operator”or Operators”) operating under valid certification for commercial air transportation.
In these General Terms, the following expressions shall have the following meanings:
1.1 "Agreement" shall mean the Flight Confirmation and these General terms as its integral part.
1.2 "Aircraft" shall mean any aircraft designated to perform the Flight Schedule.
1.3 "Charterer" shall mean the person, and/or company as identified in Flight Confirmation.
1.4 "Operator" shall mean the operator of the Aircraft, holding the valid certificate for commercial air transportation. Operator shall also be represented by its mandated employees, directors and officers of the Aircraft Operator; especially pilot in command, and the flight crew on board of the Aircraft, responsible for the flight safety.
1.5 "Flight Confirmation" shall mean the document stating Flight schedule and other specific terms relevant for flight performance signed by both Charterer and charter advisory.
1.6 "Charter Price" shall mean any price payable by Charterer related to services provided by charter advisory, Operator and/or their subcontractors in Flight Confirmation as specified in the related invoice(s).
1.7 "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 Confirmation.
1.8 "General Terms" shall mean these broker general terms and conditions.
1.9 "STD" means the scheduled time of departure as set in the Flight Schedule.
1.10 „notice in writing” shall mean email, or letter communication.
1.11 „Passenger“ shall mean any person traveling on board of the Aircraft excluding the members of the flight crew or representatives of the Operator.
2. BOOKING OF THE CHARTER FLIGHT
2.1 Charter advisory shall arrange that the Operator provides the Aircraft fully equipped to perform 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 charter advisory acts only as broker between the Charterer and the Operator for arrangement of the flight defined in Flight Confirmation. The Charterer also accepts that the crew of the Aircraft are the servants and agents of the Operator and shall be authorized to take instructions only from the Operator unless otherwise agreed by the Operator in notice in writing prior to the commencement of the Flight Schedule.
2.2 If at any time prior to the STD, the initially designated Aircraft stated in the Flight Confirmation becomes unavailable or unserviceable for any reason whatsoever prior to commencement of the Flight Schedule, the Operator will endeavor to find another suitable Aircraft at the same price. Should this prove to be impossible, charter advisory will endeavor to find an alternative Operator and/or Aircraft at the price comparable to the Charter Price, with regards to the Flight Schedule parameters, and call the Charterer for its acceptance. In case that Charterer will not accept suggested alternative, this Agreement shall be terminated with immediate effect according to article 4.1 of General Terms.
2.3 The Charter Price includes aircraft, fuel, crew, ground handling fees, take off and landing fees and services described in Flight Confirmation for performing the Flight Schedule. All other costs, including, but not limited to deicing, special license fees, special clearance fees, royalties, fees due to operations outside of the official airport hours, onboard satellite telephone and internet costs and any other additional service costs whatsoever and howsoever arising shall be paid by the Charterer unless otherwise specified in the Flight Confirmation. Any such additional costs shall be invoiced by charter advisory to the Charterer and shall be paid promptly by the Charterer according to due date specified in the related invoice.
2.4 Charter advisory or any other subject referred to as a beneficiary by the Flight confirmation, is entitled to require payment of Charter Price provided in advance before the flight with due date specified in the Flight Confirmation and/or in the invoice(s) related by receipt of payment on bank account(s) reported. In case credit card payment will be applied, Charter price will be increased by additional transaction fee specified in the Flight Confirmation and/or related invoice.
2.5 If any payment of the Charterer or its part is not credited on bank account of charter advisory upon the due date and amount specified in the Flight Confirmation and/or in the related invoice, charter advisory is entitled, without prejudice to any other rights or remedies it may have in respect of such default, to withdraw this Agreement with no further liability to the Charterer and charge the cancellation fees in accordance with Cancellation policy specified in Flight confirmation. Such breach of charterer obligations is considered equal to cancellation of the flight by the charterer, where it is considered that the first date following after the due date specified in the Flight Confirmation and/or in the related invoice, is the day of cancellation of the flight by the charterer.
2.6 In case that Charterer is different person from Passenger, the Charterer is aware that all of the Passengers must comply with requirements settled by the Operator and/or valid international regulations for civil aviation (e.g. valid travel documentation, required vaccination, health status, etc.) and commits to provide Passenger/s with all relevant information related to Flight Schedule. Charter advisory may require full Passenger details, such as name and travel documents details for purpose of obtaining necessary flight permissions related to Flight Schedule. Charter advisory hereby admits to guide the Charterer through aforesaid requirements for the Flight Schedule.
3. OPERATION OF THE CHARTER FLIGHT
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 demand from charter advisory.
3.2 If the Aircraft, for any reason, whether before or after the commencement of the Flight Schedule, becomes unavailable or unserviceable 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 General Terms of the Agreement remain unaffected.
3.3 Charterer agrees that if the Passenger fails to arrive on time according to the agreed Flight Schedule, this delay may have implications for the possibility of further conduct of the flight. Although the Operator will endeavor to ensure that the original Flight Schedule complied, operational circumstances or flight crew duty limitations may result in significant irregularity from the agreed Flight Schedule, or even cancellation. Any additional expenses attributable to such delayed departure shall be borne by the Charterer.
3.4 In the event of non-performance of the Agreement by reasons which the Operator is not able to avoid and may cause delay of the flight such as actions of third parties, strike of employees of the airport or/and Operator, force majeur as 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 (“circumstances beyond control”), the Operator shall use all reasonable endeavors 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 Agreement or delay under Clause 3.4 above, the Charterer shall be liable to pay charter advisory 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 is diverted from any airport to another, also during related positioning flights, caused by circumstances beyond control which could not have been avoided even if all reasonable endevours have been done, the transportation deemed to be complete.
3.7 Pilot in Command of the Aircraft, with respect to flight safety, 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/or the pilot in command. In case of transporting of some special or dangerous goods it has to be previously confirmed by Operator and shall comply with applicable regulations for international civil aviation (IATA “Dangerous Goods Regulations”).
3.9 The limitation for weight and dimensions of the luggage is not specified, but shall comply with the Aircraft performance, and Charterer shall check the required luggage weight and dimensions with requirements of the Operator.
3.10 Transportation of pets and animals on board requires prior confirmation between Charterer and Operator. Charterer shall comply with all requirements of the Operator as well as the national legal regulations of each country related to the Flight Schedule. Charter advisory hereby admits to guide the Charterer through aforesaid requirements.
4. CANCELLATION AND TERMINATION
4.1 The Charterer may withdraw this Agreement at any time prior to the STD by notice in writing to charter advisory or by non acceptance of alternative set in article 2.2.; upon such cancellation, the Charter Price shall refund to Charterer, with due regard to costs expended by the charter advisory to perform the Flight Schedule, after its settlement. If the Charterer cancels one or more of the flights in the Flight Schedule, the Charterer shall pay charter advisory cancellation fees according to “cancellation policies” as set out in the Flight Confirmation. If cancelation policy set out in Flight Confirmation is different from the Operator’s cancelation policy, Flight Confirmation shall prevail. In all cases, the Agreement is terminated ex nunc, and all the existing obligations, rights and duties arising from present Agreement up to the date of cancellation remain valid and shall be settled.
4.2 Charter advisory may withdraw this Agreement immediately by notice in writing, if the Charterer breaches this Agreement and such breach of the Agreement may represent a serious threat to its rights and trade interests or if Charterer becomes insolvent or otherwise unable to pay its debts.
5. LIMITATION OF LIABILITY
The charter advisory hereby excludes legal or any other liability for/in connection with unfit behavior or action of the Passenger during performance of the Flight Schedule based under authority of Agreement.
7. APPLICABLE LAW
7.1 This Agreement shall be governed by the laws of Czech Republic regarding valid international regulations for civil aviation, which determine as well the cognizance of the competent Czech Courts.
7.2 The parties consented that all disagreements or disputes arising from the context of the present Agreement will be attempted to be solved first amicably by their representatives in mutual agreement.
8.1 All orders, requests, notices and other communications in writing can be carried out through electronic communication (emails), to the email addresses indicated in the present Agreement, with a request of the receipt. In any event, the sender shall take all the necessary measures to ensure receipt of communications. If the receipt of the notice shall constitute any legal effects, the sender should consider using paper mail form and require evidence of the receipt. Any changes in the email addresses shall be properly notified in writing to the other party, otherwise the party who fail to do so bears the responsibility for any damage caused.
8.2 All the proforma invoices and tax documents shall be sent to the charter advisory by electronic mail upon being issued, with a request of the receipt. Such document received has the same validity as in its paper-form.
8.3 Both parties shall ensure that their email providers and email clients are set in such way, that any email communications from the other party’s email address do not get lost.