AEROAFFAIRES : GENERAL TERMS AND CONDITIONS OF CARRIAGE
ARTICLE 1: EFFECT OF THE CONTRACT
This « Charter Agreement Mandate » giving mandate by the customer to AEROAFFAIRES, to provide an aircraft, its equipment as well as qualiﬁed and authorized crew in compliance with international standards as well as conditions of Air Operation Certiﬁcate for the customer take eﬀect, at the booking per mail or phone on behalf of the customer. The absence of signature of the Charter Agreement Mandate or non-return by the customer does not constitute an absence of agreement.
The ﬁnal booking of the aircraft requested with the selected company will be executed only after receipt per mail return the signed Charter Agreement Mandate. Any delay for sending the signed contract by the customer cannot be held against AEROAFFAIRES, in the event of unavailability of the chosen aircraft after receipt of the Charter Agreement Mandate which conﬁrms the ﬁrm booking of the aircraft.
– Any cancellation following after a booking written per mail or conﬁrmed per phone will result in a minimum cancellation penalty of 30% according to the cancellation policy of article 7 below.
– Any modiﬁcation of aircraft requested by the customer after conﬁrmation of a particular model of aircraft may result in cancellation penalties as indicated in Article 7, if the company of the ﬁrst conﬁrmed aircraft cannot provide an aircraft in its ﬂeet corresponding to the new request, or resulting in a modiﬁcation of charterer, to meet the new aircraft request requested by the customer.
ARTICLE 2: FLIGHT MODIFICATIONS
This charter contract may not be extended or modiﬁed without the prior agreement of AEROAFFAIRES, which will give all necessary instructions to the crew or the subcontracting carrier. Except in urgent or exceptional cases, the crew is not entitled to receive instructions from the customer. Any modiﬁcation to this charter contract will be subject to additional invoicing, a credit note or a penalty based on the current rate. The carrier will be responsible for the proper conduct of the mission.
ARTICLE 3: SCHEDULES – DIVERSIONS – CANCELLATION POLICY
The schedules planned and accepted by the customer are only given as an indication. The company AEROAFFAIRES or the subcontracting carrier reserves the right to modify them or to cancel all or part of the ﬂight for reasons of safety, air traﬃc,weather conditions or technical requirements or authorizations. In the event of unavailability of the aircraft for technical reasons before the ﬂight, or during the ﬂight AEROAFFAIRES cannot be held responsible. AEROAFFAIRES will do its best with the carrier to ﬁnd a replacement unit of the same or smaller size if possible. Any additional cost, if not covered by the subcontractor carrier, according to its conditions of sale, shall be borne by the customer, who accepts it accordingly.
AEROAFFAIRES or the Carrier shall not be liable for any damage, loss or loss of proﬁt suﬀered by the Charterer or passengers as a result of failure to operate the ﬂight in accordance with the ﬂight schedule caused by force majeure, including, but not limited to imposed quarantine, aircraft failure, riots, strikes at airports preventing the aircraft’s departure, disruption, dangers due to war risks or due to other natural disasters (force majeure). The Carrier shall not be liable for any damage, loss or delay caused by airport employees or persons who are not under the control of the the Carrier or AEROAFFAIRES and cannot be the subject of a claim for reimbursement of the ﬂight.
Helicopter ﬂight is refund without penalty, if weather conditions do not allow the ﬂight to be performed from his base. It will only be charged the ferry of the helicopter from/ to its base.
ARTICLE 4: INSURANCE
These general conditions are based on the Convention for the Uniﬁcation of Certain Rules for International Carriage by Air (Montreal Convention of 1999) as well as Regulation (EC) 2027/97 and amendment done by Regulation (EC) 889/2002 and Regulation (EC) 785/2004. The customer remains free to take out additional individual insurance.
ARTICLE 5: MANDATORY IDENTIFICATION DOCUMENTS
As part of anti-terrorist procedures, it is mandatory to provide AEROAFFAIRES, 48 hours before the ﬂight, with scanned copies of passengers’ identity documents. Their failure to do so may result in the authorities refusing to board and a ﬁne of up to €5,000 per passenger.
ARTICLE 6: PAYMENT TERMS AND CONDITIONS OF PAYMENT
– A deposit of 50% of the package is due upon signature of the contract, the balance being payable according to the terms of the charter mandate or 15 days before the ﬂight’s departure. In case of same-day ﬂight, payment will be made by bank transfer before boarding.
– The change of company after written conﬁrmation and a contract with a subcontractor may result in cancellation penalties on the part of the subcontractor if the ﬂight is cancelled for an aircraft of a diﬀerent capacity than the one proposed by the subcontractor or if the customer decides to cancel the round trip mission with that same company for any reason whatsoever on the part of the customer or the company itself for technical reasons.
– Reminder of the general terms and conditions of sale: Invoices are payable upon receipt unless otherwise agreed. In the event of overdue payments and in accordance with article 53 of the NRE law n° 2001-420 of 15/05/2001, penalties will be applied for late payment of (3) three times the legal rate in force on the amount including tax on a prorata temporis basis.
– The rate of late payment penalties due from the day following the date of payment on the invoice must be indicated on the invoice – (article L 441-3 of the French Commercial Code).
ARTICLE 7: DEDUCTIONS FOR FLIGHT CANCELLATION
Time enters the date of days conﬁrmation or flight conﬁrmed of cancellation and starting date of the ﬂight:
Amount to be paid to AEROAFFAIRES:
- Flight conﬁrmed > 60 days before the flight : 30%
- Flight conﬁrmed 60 days at 30 days before the flight : 40%
- Flight conﬁrmed 30 days at 7 days before the flight : 50%
- Flight conﬁrmed 48 hours at 0 a.m before the flight : 100%
The invoices are payable with reception except particular agreement. In the event of goings beyond the date of regulation and in accordance with article 53 law NRE n° 2001-420 of the 5/15/2001, penalties will be applied for late payment of (3) three times the statutory rate into force to amount VAT included with prorata temporis. The rate of the late penalties exigible as from the day following the date from regulation being reproduced on the invoice must obligatorily be mentioned by this invoice (article L 441-3 Commercial law).
Any refusal to pay the penalties due will result in the invoicing of penalties equal to 100% in addition to legal fees.
ARTICLE 8: DELAY IN BOARDING
Passengers will be present for boarding between 2:00 a.m. and 20 minutes before departure time according to the information stipulated in the ﬂight plan and the conﬁrmed aircraft type. Any delay caused by passengers will engage the customer’s liability towards the carrier, if the latter had to pay an additional airport tax or causes a delay for the next ﬂight of the subcontracting carrier, will be charged to the customer.
ARTICLE 9: LUGGAGE
The maximum weight per person allowed in business aircraft is 10 /15 kg (in standard dimensions) to 20 kg on large capacity aircraft such as large cabins. Passengers are reminded to bring soft luggage on small business aircraft if they are used to their full capacity. Under no circumstances can AEROAFFAIRES or the subcontracting carrier be held liable in the event of excess baggage or baggage size that does not allow it to be transported. Nor loss or damage to baggage caused by the negligence of passengers.
ARTICLE 10 : DE-ICING PLANE and FUEL
– De-icing: The price sold does not include the possible def-icing price. If for safety reasons a de-icing of the aircraft must be carried out, the price of the de-icing) will be the subject of an additional invoice which will be sent to the customer who accepts by signing this contract to pay the price, upon receipt of this invoice. Please note that the de-icing rate can vary between 800 to 8,000 euros excluding VAT, depending on the size of the unit and the amount of de-icing to be done and per trip if necessary for your safety.
– Fuel : Any fuel increase of + 5%, compared to the initial price sold, may result in additional invoicing by the company.
ARTICLE 11: DISPUTE
Any dispute concerning the interpretation or execution of this contract shall be subject to the jurisdiction of the Paris court.