PARTIES & SCOPE
Customer: The customer booking the charter flight
Operator: The Aircraft Operator whose quotation for provision of a Flight to the Customer has been accepted by the Customer in accordance with an Agreement and the terms of VIP AirTrans as detailed in a Charter Contract.
VIP AirTrans, acts as an interface between Customer and Operator. When booking a charter flight through VIP AirTrans you will be entering into a direct and legally binding relationship with the aircraft operator.
DEFINITIONS
In these Standard Charter Terms unless the context otherwise requires:-
- “Agreement” means these Charter Terms & Conditions.
- “Aircraft” means any aircraft or helicopter operated in connection with any Flight.
- “Charter Price” means the total amount set out in VIP AirTrans invoice issued in respect of Agreement, which includes VIP AirTrans’s fee
- “Flight” means a flight described in a Charter Contract.
- “Charter Contract” means the confirmation issued to the Customer by VIP AirTrans confirming an aircraft charter and Flight details.
- “VIP AirTrans” means VIP AirTrans Ltd an European Union registered company, EU VAT Number HU14084078 having its registered office at H-7631 Pécs, Nagypostavölgyi út 1/6 Hungary.
CHARTER & CANCELLATION
The Operator shall make available to the Customer the Aircraft as specified in a Charter Contract and the Customer shall take the Aircraft on charter from the Operator upon the Terms & Conditions of an Agreement.
If the Customer wishes to cancel any Flights after confirmation of the related Agreement, the following rates will be paid immediately by the Customer to VIP AirTrans as agreed compensation for such cancellation:
- 50% of the Charter Price if cancelled after completion of an Agreement;
- 100% of the Charter Price if cancelled within 10 days of the scheduled departure time as set out in a Charter Contract.
CHARTER PRICE AND PAYMENT
Customer shall pay VIP AirTrans the Charter Price at the time, in the amount, currency and to the address specified in accordance with the provisions set out therefore in a Charter Contract.The Charter Price is agreed in the currency shown on the Charter Contract.Payment of the Charter Price shall be made directly to the account specified by VIP AirTrans which is authorised to accept payment on behalf of the Operator and received in cleared funds in such account.
No set-off or counterclaim (whether arising in respect of an Agreement or any other carriage) shall entitle the Customer to withhold payment of any sums whatsoever payable under or by reason of an Agreement. In the event that the Customer requests a change in routing or any other significant change (for example flight time change, passenger manifest change, change of airport or additional flight requirements) in respect of one or more Flights being undertaken by the Operator under an Agreement and such requests are accommodated by the Operator (which shall be at the Operator’s sole discretion), VIP AirTrans will issue an amended or replacement Flight Confirmation and the Customer will pay on demand any additional costs set out therein.Payment of sums due under these Standard Charter Terms.
If the Operator is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, Operator and VIP AirTrans shall use its reasonable commercial endeavours to find a suitable replacement Aircraft. If efforts are successful, but the Customer elects not to accept the replacement Aircraft found by Operator or VIP AirTrans, VIP AirTrans shall be entitled to retain all sums due to it under these Standard Charter Terms (including VIP AirTrans’s fee for facilitating an Agreement) had the Customer accepted the replacement Aircraft. If VIP AirTrans’s efforts are unsuccessful, the Customer’s sole remedy shall be a full refund of the Charter Price.
AIRCRAFT AND CREW
The Operator shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fuelled and airworthy in accordance with the regulations of the state of registration of the Aircraft. The Aircraft shall be operated by the Operator in accordance with all applicable laws and regulations during the period of the Flight.
Subject to its general operational requirements, the Operator shall use its reasonable endeavours to:
- have Aircraft and Crew ready to fly no later than 45 minutes prior to the Flight departure time set out in a Charter Contract;
- have an operating personnel available to meet Customer and other passengers at entrance to airport or agreed meeting point and escort Customers to their onward transport post disembarking a flight on arrival at destination
VIP AirTrans shall use its reasonable endeavours to:
- respond promptly to any Customer communication
- inform Customers as soon as reasonably practicable on becoming aware of possible delay for any reason to a Flight schedule. VIP AirTrans’s highest priority is flight safety and your safety. As such, the captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken and/or whether a Flight is to be abandoned once undertaken. The Customer shall accept as final and binding all decisions of the captain on all matters relating to the operation of the Aircraft, including any deviation from proposed route or where landing shall be made.
All ground and operating personnel, including cabin staff, are authorised to take orders from the Operator only unless specific written agreement shall first have been obtained from the Operator whereby certain defined instructions may be accepted by such personnel from the Customer.
AIR TRAVEL DOCUMENTS
When required, the Operator shall supply or procure all necessary documents relating to the carriage and Flight undertaken pursuant to an Agreement. The Customer shall give VIP AirTrans all necessary information and assistance to complete such documents as soon as possible after the making of an Agreement and, in any event, in sufficient time to be completed for issue to passengers.
FLIGHT TIMES, DELAYS, LOADING, EMBARKATION
The Customer 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 of any delay (other than any delay for technical reasons the responsibility for which shall lie with the Operator) deviation or diversion of any Flight, the Customer 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 Customer’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Operator shall be reimbursed by the Customer to the Operator on demand.
In the event that any passenger of the Customer is refused entry at any destination airport, the Customer shall indemnify and keep indemnified the Operator, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Operator in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Operator or VIP AirTrans by any immigration authority) and , in addition, all cost or expense incurred by the Operator for any arrangements made by the Operator to return such passengers to the country from which such passenger was originally carried.
Flights can only be confirmed once full payment has been received. Final cost of Flights is also subject to all crew availability, international overflight permits, airport slots and airport parking being in place and non-availability at any time may result in an increase in price of the charter.
VIP AirTrans provide a unique guarantee and compensation in the event of arrival delay caused by any aviation sector, such as an Aircraft Operator, Airport, Handling Company or Air Traffic Control Service.
The arrival time specified in the Charter contract is the time of landing at the destination.
Amennyiben a késés meghaladja a 30 percet de nem éri el az 1 órát, a következő privát járat foglalásának díjából 5% kedvezményre jogosult.
Amennyiben a késés meghaladja az 1 órát, a következő privát járat foglalásának díjából 10% kedvezményre jogosult.
OBLIGATIONS OF THE CUSTOMER
The Customer shall:
- comply with all the requirements of the Operator in relation to the performance of all of the Customer’s obligations as set out in an Agreement.
- hold harmless and indemnify the Operator and/or VIP AirTrans (as applicable) from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Customer or any passenger of the Customer in complying with any of the provisions of an Agreement.
- The Customer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights and will procure such compliance on the part of all its passengers and pets.
- comply and shall procure that all its passengers and pets 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.
9. EXCLUSION OF LIABILITY/INDEMNITY
The Customer is responsible for any harm to an Aircraft caused by the Customer, its assignees, agents, employees and invitees, and the Customer shall indemnify and hold free and harmless VIP AirTrans, its affiliates, officers, employees and agents against any costs, claims, damages or liability of any sort that may fall upon VIP AirTrans by reason of any act or omission of the Customer, its assignees, agents, employees and invitees.
VIP AirTrans will not be liable or responsible for any failure or delay in performing any of its obligations hereunder occasioned by any of the following causes: weather (including adverse weather conditions preventing any services, inspections or flights of the Aircraft), work stoppages, strikes, acts of war or terrorism, acts of God or the public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes, serious accidents, epidemics, quarantine restrictions, acts of government (including government shut-downs), governmental priorities, labour disputes causing cessation, slowdown or interruption of work, supplies, parts or materials, or any other cause not within the direct control of VIP AirTrans.
The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.
TERMINATION
Each Agreement may be terminated immediately upon written notice from VIP AirTrans or the Operator if the Customer:
- defaults in the payment of any amount payable hereunder on due date
- behaves in a manner which in the reasonable opinion of VIP AirTrans is likely to bring VIP AirTrans into disrepute or otherwise to compromise or adversely affect the reputation and standing of VIP AirTrans.
If an Agreement is terminated, then the Customer shall (without prejudice to any other rights and remedies which the Operator may have) pay forthwith to VIP AirTrans, as payment gateway for the Operator, all amounts then due and unpaid to the Operator hereunder, together with interest thereon (if any) and the Customer shall indemnify and keep the Operator indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Operator as a result of such termination and the Operator shall be entitled to retain any initial deposit paid by the Customer.
The Customer shall indemnify the Operator against any claims by any passenger of the Customer arising out of the termination of an Agreement.