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In this Agreement, unless the context otherwise requires:
"Agreement" means the Passenger Aircraft Charter Agreement, including the Schedule and any appendices or attachments, that these Terms & Conditions are said to represent. To avoid ambiguity, this includes all charters made as a broker by Limitless Jets.
"Aircraft" means any aircraft for the time being operated in connection with any Flight.
"The Carrier" means the operator of the Aircraft as specified in the Schedule.
"Charter Price" means the amount set out in the Schedule.
"Flight" means a flight described in the Schedule.
"Schedule" means the schedule to this Agreement.
“Medevac” means any flight that is operated on an aircraft dedicated as an air ambulance.
2.1 The Charterer shall pay to Limitless Jets the Charter Price at the time, in the currency, in the amounts and to the address specified in accordance with the provisions set out therefore in the Schedule.
2.2 If there is any increase after the date of this Agreement in security costs, aviation insurance premiums, aviation fuel, airport passenger duty or other costs relating to the operation of the Aircraft, the Charterer shall pay any such increase to Limitless Jets upon of receipt of Limitless Jets’ invoice in respect thereof. The Charter Price given does not include any provision for de-icing costs, war risk insurance premium surcharges, additional landings, re-routes, demurrage, increased flight hours, additional or special catering including food and drink beyond those usually catered, ground transportation, charges associated with late departures, late addition of passengers or in-flight telephone, unless specifically stated in the Schedule and accepted by Limitless Jets. Such costs will be charged on to and will be payable by the Charterer upon receipt of Limitless Jets’ invoice in respect thereof.
2.3 Time of payment of the Charter Price shall be of the essence of this Agreement.
2.4 No set-off or counterclaim (whether arising in respect of this Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable to Limitless Jets under or by reason of this Agreement. In the event that the Charterer is required to withhold any part of any payment payable by it to Limitless Jets hereunder or to make any deduction there from, it shall pay such additional amount as may be necessary so that, after making such withholding or deduction, Limitless Jets shall receive from the Charterer the full amount of such payment.
2.5 Any amount payable under this Agreement which is not paid on due date shall attract interest thereon at the rate of 8% per annum above the base rate of interest as set by the Bank of England, in force from time to time calculated on a daily basis from the due date until the date of payment (both before and after judgment). Late payment charges will also be added as set by late payment legislation. Up-to-date information on late payment rules and regulations in the UK can be found at www.gov.uk/late-commercial-payments-interest-debt-recovery/
2.6 Where a deposit is required to confirm the booking, this must be paid to Limitless Jets as set out in the schedule. Only then and with Limitless Jets obtaining the signed agreement, will the booking be confirmed. Full payment must be received before the commencement of the flight.
2.7 Each charter will have a cancelation policy in line with the operator's cancellation policy. This will be available on request. In addition to the cancellation policy, any costs and/or fees occurred as a result of the booking are also payable in full upon notice of the cancellation.
2.8 Failure to pay the full sum prior to the date set out in the schedule will lead to the cancellation of the flight. Money will still be payable to the extent highlighted in the operators cancellation policy as highlighted in 2.7.
2.9 Additional payments may be payable as detailed in each schedule. The charterer is responsible for reviewing such details and accepts them in signing and returning the schedule to Limitless Jets.
2.10 Failure to pay invoices on the dates specified in the agreement or on the invoice will result in a late payment charge being added in addition to the application of interest as per clause 2.5. These costs will consist of the time taken by staff in dealing with the collection of such invoice payments, any associated costs with communicating with the charterer, including legal letters, calls and any relevant charges, and any fees and/or charges Limitless Jets receives as a result of the late/failed payment.
3.1 The Carrier shall be responsible for providing the Aircraft at the commencement of the Flight properly manned and equipped fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s).
3.2 The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight shall be undertaken or abandoned once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall accept all such decisions as final and binding.
3.3 All ground and operating personnel including cabin staff are authorised to take orders only from the Carrier 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.
3.4 Aircraft and/or crew stated on the schedule are for guidance only and subject to change for whatever reason. Where time is available, the charterer will be informed of aircraft changes. Limitless Jets is not responsible for the provision of an aircraft that does not match the carrier's description. Should this occur, Limitless Jets will investigate fully in the interest of the charterer. Note that pictures of both the exterior and interior of the aircraft chartered may be different to the aircraft flown in. Where actual pictures of the aircraft are provided, Limitless Jets is not responsible for any differences discovered by the charterer.
The Carrier shall supply or procure the supply of passenger tickets, baggage checks, air waybills and all other necessary documents relating to the carriage undertaken pursuant to this Agreement and the Charterer shall give to Limitless Jets all necessary information and assistance to complete such documents as soon as possible after the making of this Agreement and, in any event, in sufficient time to be completed for issue to passengers.
5.1 Flight times as shown in the Schedule are approximate and not guaranteed and the Carrier is entitled to deviate from the Flight Schedule and/or the duration of the Flight and/or to reduce the maximum payload.
5.2 The Charterer shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight. In the event that any passenger of the Charterer fails to arrive in sufficient time to be carried on the Flight Limitless Jets and/or the Carrier shall be under no liability whatsoever to the Charterer nor to such passenger. Limitless Jets and/or the Carrier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to Limitless Jets such additional sum that Limitless Jets may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and Limitless Jets thereby incurred.
5.3 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 Limitless Jets on demand.
5.4 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 and Limitless Jets, their respective officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier or Limitless Jets in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Limitless Jets by any immigration authority) or of any arrangements made by the Carrier and/or Limitless Jets to return such passengers to the country from which such passenger was originally carried.
5.5 Unless stated in the schedule, it is assumed that the carrier is not a carrier of dangerous goods as defined by IATA. Where dangerous goods are permitted to be carried, the charterer is responsible for ensuring the correct quantities and correct goods suitable for the type of travel are adhered to. Limitless Jets nor the carrier are responsible for the refusal to carry dangerous goods on board an aircraft. Information on whether an item is allowed to be carried is available on request for information purposes only, with full and comprehensive information available at www.iata.org. The final decision to whether such goods may be carried onto the aircraft lies with the aircraft Captain. Their decision is final.
6.1 The Charterer shall comply in all respects with the conditions of all permits, licenses and authorities granted for the Flights and will procure such compliance on the part of all its passengers.
6.2 The Charterer shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.
6.3 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.
6.4 The Charterer is responsible for ensuring an up-to-date manifest, general declaration or passenger list, in any of its relevant forms, is presented to the operator in good time before each flight. The responsibility to maintain records of those travelling and their luggage/cargo is the sole responsibility of the Charterer.
6.5 The Charterer shall hold harmless and indemnify the Carrier and Limitless Jets 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.
7.1 Limitless Jets shall be under no liability to the Charterer or to any passenger of the Charterer in respect of any variation to or cancellation of any Flight or the non-availability of any seats which results from the acts or omissions of the Carrier, or for any failure by the Carrier to perform any Flight and the Charterer hereby acknowledges to Limitless Jets that in any such event the Charterer shall only have recourse against the Carrier.
7.2 Limitless Jets 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 arising from force majeure, labour disputes, strikes or lock-outs or any other cause beyond the control of Limitless Jets 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.
7.3 The Charterer shall indemnify the Carrier and Limitless Jets against any claim by any passenger of the Charterer arising out of any such variation, cancellation, non-availability or failure to perform provided always that if Limitless Jets 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, Limitless Jets shall (subject to the provisions of Clause 10 hereof and provided always that the Charterer shall have duly fulfilled its obligations under this Agreement), repay such refund to the Charterer.
7.4 The Charterer shall indemnify the Carrier and Limitless Jets against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier or by Limitless Jets 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.
7.5 The Carrier shall not be deemed to undertake any carriage to which this Agreement relates as a common carrier.
7.6 Insurance of cargo is the sole responsibility of the Charterer and Limitless Jets shall have no responsibility in respect thereof, whatsoever.
7.7 For medevac flights Limitless Jets has no responsibility for the welfare of the patient/s before, during or after the flight as Limitless Jets’ only role is the procurement of the aircraft. Any decisions as to the carriage of the patient/s lie solely with the patient’s/s’ medical advisor/s as well as the Carrier’s medical professional. Limitless Jets has no liability in respect thereof. If, during the flight, the medical professional/s on board deems it necessary to commence certain measures and these incur any additional costs (e.g. diversion, delays, medical assistance/hospital admission, etc.) then such costs will be charged on to and will be payable by the Charterer within 7 days of receipt of Limitless Jets invoice in respect thereof. Where Limitless Jets organise a ground ambulance Limitless Jets’ only role is its procurement and has no liability in respect thereof.
7.8 Carriage performed under this Agreement shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its General Conditions of Carriage. This Agreement and the carriage thereunder on international flights is governed by the rules and limitations established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, Poland, on October 12, 1929, as amended by the Protocol signed at The Hague, Netherlands, on September 28, 1955 (herein collectively called the "Warsaw Convention") and/or by the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28th May 1999 (“the Montreal Convention”) which rules and limitations shall, to the extent such Warsaw Convention and/or the Montreal Convention is/are applicable, apply to the Flight(s) hereunder.
Except as specifically provided by the Warsaw Convention and/or the Montreal Convention, Limitless Jets shall not be liable for any death wounding or personal injury or claim of whatsoever nature whether for death or bodily injury or for delay or loss of or damage to or delay of baggage or cargo whether arising in contract or in tort whether occasioned by Limitless Jets or the Carrier, or their respective officers, employees or agents and the Charterer hereby waives all rights or claims against Limitless Jets and discharges Limitless Jets, its officers, employees and agents from any such claim as aforesaid except to the extent the same is caused by the wilful misconduct or gross negligence of Limitless Jets, its officers, employees or agents.
7.9 The Charterer acknowledges and accepts that Limitless Jets acts solely as the Charterer’s agent hereunder and has no responsibility for acts or omissions of the Carrier or the performance or otherwise of the Flight(s) and that all liability in respect of the performance or otherwise of the Flight(s) falls upon the Carrier. The Charterer shall hold Limitless Jets harmless against any claim brought against it caused by any act or omission on the Charterer’s part or that of any of the Charterer’s passengers.
This Agreement may be terminated immediately upon notice from Limitless Jets to the Charterer upon the occurrence of any of the events specified below: -
8.1 the Charterer defaults in the payment of any amount payable hereunder on due date; or
8.2 the Charterer is in breach of any of its other obligations hereunder which if capable of remedy has not been remedied within 14 days of receipt of written notice from Limitless Jets requiring remedy of such breach; or
8.3 the Charterer admits in writing its inability to pay or becomes unable to pay it debts; or
8.4 an administrator of the Charterer is appointed; or
8.5 proceedings are started or any steps are taken for the winding-up or dissolution of the Charterer or for the appointment or a receiver, administrative receiver, trustee, supervisor or similar officer of the Charterer or any or all of its revenues and assets, or the Charterer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1996; or
8.6 an encumbrance takes possession of any of the Charterer's revenues or assets, or any security created by the Charterer becomes enforceable and the mortgagee or chargee takes steps to enforce the same (including without limitation by appointing a receiver or administrative receiver to any of the assets of the Charterer); or
8.7 the Charterer convenes a meeting or takes any steps for the purpose of making or proposes to enter into or make any arrangement or composition for the benefit of its creditors; or
8.8 a distress or other execution is levied or enforced upon or against any part of the Charterer's property; or
8.9 the Charterer suspends or ceases or threatens to suspend or cease to carry on its business or (expect in the ordinary course of business) it sells, leases, transfers or otherwise disposes of or threatens to dispose of all or any substantial part of its undertakings or assets (whether by a single transaction or by a series), or all or any substantial part of its assets are seized or appropriated by or on behalf of any governmental or other authority or are compulsory acquired; or if any thing analogous to the events referred to in 8.3 to 8.8 above occurs in any jurisdiction in which the Charterer conducts its business; or
8.10 in the opinion of Limitless Jets a material adverse change occurs in the business, assets, condition, operations or prospects of the Charterer; or
8.11 any of the events specified in this Clause 8 occur in relation to any guarantor of the Charterer's obligations hereunder.
9.1 If this Agreement is terminated under Clause 8, then the Charterer shall (without prejudice to any other rights and remedies which Limitless Jets may have) pay forthwith to Limitless Jets all amounts then due and unpaid to Limitless Jets hereunder, together with interest thereon (if any) at the rate specified in Clause 2.5 and the Charterer shall indemnify and keep Limitless Jets indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by Limitless Jets as a result of such termination and Limitless Jets shall be entitled to retain any initial deposit paid by the Charterer pursuant to any provisions therefor set out in the Schedule.
9.2 The Charterer shall indemnify the Carrier and Limitless Jets against any claims by any passenger of the Charterer arising out of the termination of the Agreement.
Limitless Jets may at any time without notice to the Charterer at its discretion set-off any amounts paid by the Charterer to Limitless Jets hereunder against any amounts then due to Limitless Jets under this Agreement or against any amount due at such time from the Charterer to Limitless Jets.
11.1 Any notice required to be given under this Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post or facsimile message to the address herein stated of the party to whom it is to be given. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and if served by post on the day (not being a Sunday or Public Holiday) next following the day of posting or if served by facsimile message upon the day such facsimile message is sent.
11.2 Time shall be the essence of this Agreement.
11.3 This 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.
11.4 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in this Agreement.
11.5 No claims shall be made against Limitless Jets 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 this Agreement.
11.6 No variation of this Agreement shall be effective unless made in writing and signed by both parties.
11.7 The Charter Price, payment terms and other commercial terms contained in this Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
11.8 No failure by Limitless Jets to exercise and no delay by Limitless Jets 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.
11.9 The Charterer shall not be entitled to assign the benefit of this Agreement.
11.10 All indemnities contained within this Agreement shall survive the termination of this Agreement, howsoever occurring.
11.11 Limitless Jets shall not in any event be liable for any consequential or special damage or loss including loss of profit or anticipated profit arising from the performance or non-performance of any Flight or any of its obligations hereunder.
11.12 Air travel sales in the UK must normally be covered by an Air Travel Organiser’s Licence (ATOL), unless the sale is exempt. This transaction is exempt from this requirement and therefore the Charterer will not be protected by the ATOL scheme in the event of Limitless Jets’ insolvency.
11.13 Where any doubt is cast over these terms and conditions or schedules created by Limitless Jets, then Limitless Jets decision is final.
11.14 These terms and conditions are applicable to all charters made with Limitless Jets and in signing the Passenger Aircraft Charter Agreement, the charterer agrees to all of these terms and conditions.
11.15 These terms and conditions will be available to view on the internet at www.limitlessjets.com/termsandconditions and where they are not available, a full copy can be emailed on requesting them at firstname.lastname@example.org. Under no circumstances can failure to read or failure to have received these terms and conditions allow the charterer to breach them. Time should be allowed to review and receive this document and on signing the schedule and passenger aircraft charter agreement, you agree to have read all of the terms and conditions laid out in this document and accept them fully.
11.16 All of the Limitless Jets terms and conditions contained within this document are subject to change, and it is the responsibility of the charterer to ensure they are up to date with the current ones in force. Im signing the passenger charter agreement, you agree to accept any such changes to Limitless Jets terms and conditions without notice.
This Agreement shall be governed by and interpreted in accordance with English law and the parties hereto hereby submit to the non-exclusive jurisdiction of the English Courts.
13.1 These terms and conditions are applicable to all charters booked through Limitless Jets. In signing the passenger aircraft charter agreement, you accept fully the schedule and these terms and conditions.
13.2 For management and sales, a full set of terms and conditions applicable to the individual agreement will be drawn up by Limitless Jets. These terms and conditions do not cover such areas, unless specified in the relevant agreement/contract.