1. Introduction

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In these “Conditions” the following words and phrases shall have the meaning or meanings attributed thereto:-

 

• “Aircraft” means any aircraft which is the subject of an agreement for charter by the Company to the Charterer.

• “Charterer” means any person firm or body corporate chartering or offering to charter any aircraft from the Company.

• “Company” means Apollo Air Services Ltd or any of its subsidiaries (as defined in the Companies Act 2006 or any reenactment thereof) or associated therewith or working on behalf of Apollo Air Services Ltd.

• “Programme” means the flight or any series of flights agreed between the Company and the Charterer including places of departure, places of destination, and stopping points, any departure and arrival times and any particular agreed functions.

• “Specific Terms” means any written aircraft charter agreement entered into between the Company and the Charterer which are stated to be subject to these Conditions, and the Agreement plus these Conditions shall constitute the “Agreement”.

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The terms upon which the Company is willing to charter aircraft with crew are contained in the Agreement to the exclusion of all other terms, conditions warranties and representations including in particular any specified by the Charterer in any way. No addition to or variation of the Agreement shall bind the Company unless accepted in writing by a director of the Company and a duly authorised representative of the Charterer. In the case of any conflict between any terms specifically agreed by the Company and the Charterer in the Specific Terms and any of these Conditions the former will prevail.

 

Any carriage performed pursuant to th shall be subject to the Company’s General Conditions of Carriage contained or referred to in the traffic documents of the Company (a copy of which may be inspected on demand) and the Charterer shall be deemed to have notice of them whether or not he has availed himself of his right to inspect them.

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2. Price and payment

 

2.1 Unless expressly included all prices set out in the Agreement does not include:

 

a. Any taxes, levies or charges (including without limitation VAT and customs duties) assessed or imposed by any taxing authority on or in connection with the performance of the programme;

 

b. Any taxes, levies or charges (including without limitation VAT and custom duties) assessed or imposed by any airport or air navigation authority on or in connection with the performance of the programme;

 

c. The cost of any licenses or authorisations specifically required for the Programme;

 

d. Any charges connected with airport passenger charges;

 

e. Any airport security charge;

 

f.  Any passenger meals or catering charges;

 

g. Any charges connected with the loading, unloading, ground carriage, handling of passengers or goods or (in case of goods) the storage thereof;

 

h. Any charges in respect of accommodation, refreshment, meals or any additional costs, losses or damages in respect of passengers carried or to be carried, due to the delay of any flight, whatever the cause,

 

all of which will be paid by the Charterer or reimbursed by the Charterer to the Company on demand.

 

2.2 Notwithstanding condition 2.3 below, in the event of any increase in fuel costs after the finalisation of the price, the Company reserve the right to charge any amount equal to any additional fuel costs incurred by the Company in performing any of its obligations under the Agreement.

 

2.3 Where the price depends in whole or in part on flying hours, these shall be calculated by reference to the period of time the Aircraft moves under its own power before subsequently coming to a halt with all of its engines shut down.

 

2.4 Unless otherwise specified in the Specific Terms, all payments shall be made in sterling at least 14 days prior to flight or immediately in the case of shorter notice.

 

2.5 The Company will require a 10% deposit once the Specific Terms have been agreed which is payable immediately. The balance will be payable no later than 14 days prior to commencement of the Programme.

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3. Company's obligation and discretion

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3.1 The Company shall provide the Aircraft manned, maintained and equipped for the performance of the Programme but shall provide no other services, either in flight or on the ground, unless specifically agreed.

 

3.2 The commander of the Aircraft shall have absolute discretion;

 

a. to refuse to carry any passengers, baggage or cargo;

 

b. to decide what load shall be carried and its distribution;

 

c. to decide whether, when and how a flight may safely and legally be undertaken and where and when the Aircraft should be landed;

 

d. generally as to all matters relating to the operation of the Aircraft.

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4. Non-performance, delay, variations and diversions

 

4.1 In the event of any variation from or addition to the Programme at the request of the Charterer the Charterer shall pay for additional flying hours where appropriate at the hourly rate applying to the Programme or such rate stated by the Company which is reasonable having regard to the price and any expense or losses arising from or connected with the variation from or addition to the Programme, together with all expenses whatever connected with it (including, without limitation, any transport, accommodation and subsistence expenses incurred by the crew and any engineering staff).

 

4.2 The Company shall use reasonable endeavours to perform and complete the Programme but may depart from it if it is reasonably necessary or advisable in its opinion in the interest of safety or legality, in which case any additional flying hours and expenses shall be paid for by the Charterer.

 

4.3 The Company shall use reasonable endeavours to perform the Programme in accordance with any times indicated but such times are not guaranteed and (without prejudice to condition 4.2) the Company shall have no liability for reasonable delay.

 

4.4 In the event of non-performance, partial performance or delay resulting wholly or partly from any force majeure or occurrence or any circumstances whatever beyond the Company’s control, including (without limitations) the acts or omissions of third parties, labour difficulties, weather condition, technical breakdown of, or an accident to the Aircraft or any part of it, natural disaster or the act of any authority, the Company shall use reasonable endeavors to perform or continue the Programme, but otherwise shall have no liability to the Charterer. The Charterer shall be liable to pay such part of the price as is referable to the part of the Programme which has been performed (if any), and all expenses whatever connected with it, and anything in excess already paid by the Charterer shall be refunded. The Company’s determination of the referable part of the price and the connected expenses shall be conclusive, in the absence of manifest error.

 

4.5 If for any reason the Aircraft is unable to reach the scheduled destination or stopover in the Programme or if in the opinion of the pilot of the Aircraft or the Company it is undesirable in the interests of the safety of the Aircraft or the passengers or the cargo, that the Aircraft should or should attempt to proceed to such scheduled destination or stopover, or if in the opinion of the Company or the pilot of the Aircraft the Aircraft is likely to be delayed in such scheduled destination or stopover, the pilot of the Aircraft or the Company may substitute there for such other reasonable alternative place, including the place from which the Aircraft departed as may be nearest to the scheduled destination or stopover in discharge of the obligations of the Company under the Agreement.  The Programme shall be deemed to be completed when the Aircraft lands at the other destination.  Such right of substitution may be exercised before or after the Aircraft has left the place of departure and whether or not the Aircraft is in the air or on the ground.  This right of substitution shall apply in respect of any journey to any destination.

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5. Insurance, liability and indemnity

 

5.1   The Company holds insurance cover to the level as dictated by the United Kingdom Civil Aviation Authority.

 

5.2   Where the Company can prove that it and its agents have taken all necessary measures to avoid death or personal injury to its passengers, or that it was impossible for the Company to have taken any such measures identified, the Company hereby limits its maximum liability to the maximum extent permitted by applicable laws.

 

5.3   Save as expressly stipulated herein, the Company shall not be liable to the Charterer in any manner whatever (whether in contract, tort or otherwise) in respect of any loss, damage or injury, whether direct, indirect, economic, consequential or of any other kind whatever, including loss of profits, however arising out of or in such connection with the Agreement.

 

5.4   The Company will not have any liability whatever to third parties, and the Charterer will indemnify and keep indemnified the Company against any loss, damage, costs, claims and expenses incurred by the Company in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following:

 

5.4.1 any breach of contract by the Charterer (including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme);

 

5.4.2 any wrongful or negligent act or omission of the Charterer or its employees agents or sub-contractors or any passenger or owner of goods carried at its request;

 

5.4.3 any damage to, destruction of or loss of use of any property supplied by or at the request of the Charterer and in the care, custody or control of the Company.

 

5.5 The Company’s total liability to the Charterer in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising out of or in connection with these Conditions shall be limited to the price paid by the Charterer under the Agreement.

 

6. Termination

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6.1 If the Charterer terminates the programme the Charterer shall be liable to pay a cancellation charge by way of liquidated damages as follows:-

 

a. if notice is received more than (7) days before scheduled departure time, 15% of the price;

 

b. if notice is received less than (7) days but more than (48) hours before scheduled departure time 25% of the price;

 

c. if notice is received less than (48) hours but more than 24 hours before the scheduled departure time, 50% of the price;

 

d. if notice is received less than (24) hours before scheduled departure time, 100% of the price;

 

e. if no notice is received or notice is received after the scheduled departure time or the Charterer ‘no-shows’, 100% of the price or the cost of flying and expenses already incurred, whichever is the greater.

 

6.2 In the event that the Company should cancel the Programme due to unsuitable weather conditions, the Charterer will receive 100% refund.

 

6.3 These Conditions may be amended at the discretion of the Company, and shall take effect upon the giving of notice of the same to the Charterer.

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7. Compliance with regulations

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The Aircraft shall be used only in accordance with the laws and regulations of the United Kingdom and other states over flown and in accordance with the Air Navigation Orders, Regulations and Directions in force in the country of registration of the Aircraft.  The Charterer shall comply and shall procure that all passengers and owners or other persons having any interest in goods carried in the Aircraft shall comply with all relevant customs, police, public health and other lawful regulations in the United Kingdom and the said States.  The Company shall, at its own expense apply for and use its reasonable endeavours to procure the grant of all licences and permits required by the law of the United Kingdom or of any State over or from which the Aircraft has to be flown for the performance of the Programme but the performance of the Programme shall be conditional upon the timely grant and validity of such licences and permits.  The Charterer warrants that it will comply with all conditions of such licences or permits to be observed or performed by them and it will procure such compliance on the part of all passengers and owners or other persons interested in goods to be carried on the Aircraft.  The Charterer shall, as soon as possible, provide the Company with all and any information that the Company may require in order to apply for any licences and to the completion of all travel documents which the Company will give to the Charterer who will then be responsible for issuing.

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8. Assignment

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The Charterer shall not be entitled to assign the benefit or transfer any of its rights or obligations under these Conditions to any other person without the prior consent in writing of the Company, but the Company may procure the various performance of its obligations hereunder by some other person, firm or company.

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9. Waiver

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9.1 A waiver of any right under these Conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances to which it is given.

 

9.2 All rights under these Conditions are accumulative and do not exclude rights provided by law.

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10. Third Parties

 

Save as provided herein, no other party shall have any rights whatsoever under the Agreement for the Charter.  Accordingly, the provisions of the Contracts (Rights of Third Parties) Act 1999 (or any re-enactment thereof) are expressly excluded.

 

11. Governing Law

 

These Conditions and all non-contractual matters associated with, arising out of or connected with it shall be governed by and construed in accordance with the laws of England and the courts of England and Wales shall have exclusive jurisdiction to deal with any dispute arising hereunder.

 

12. Notices

 

Unless specified in the Specific Terms, all notices and other communications in connection with this Agreement shall be in writing and either delivered by hand or sent by email to such address as it may have notified for such purposes, or in the absence of such notification, to its registered office, and in the case of the Charterer to its address last known to the Company. 

 

13. Severance

 

If any part of these Conditions is considered by any court or competent authority to be unenforceable, invalid or illegal, the other provision will nevertheless remain in full force and effect.

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CHECK THE SECURITY RULES

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At Apollo Air Services Limited, we make the safety and security of customers and staff our absolute priority. To

make your journey as smooth as possible and avoid unnecessary delays, we ask that you pay special attention to our

security procedure.

 

To ensure your journey is a smooth one, please ensure that you read the latest regulations about what you can and

cannot take on board the aircraft.

 

LUGGAGE

 

Please note the following information regarding luggage you take on the aircraft.

 

• Do not pack sharp objects

• Do not carry items for other people

• Do not leave your baggage unattended at any time

 

It is an offence to carry any of the following items into the aircraft cabin:

 

• Toy or replica guns (plastic or metal)

• Knives with blades more than 6cm

• Lighter top up fuel (Passengers are allowed to carry one disposable lighter in a clear re-sealable plastic bag).

• Razor blades

• Scissors -with blades more than 6cm

• Hypodermic syringes (unless supported by medical evidence)

• Builder’s tools

• Hammers, nails, screwdrivers

• Darts

• Sporting bats

• Billiard, snooker or pool cues

• Catapults and slingshots

• Umbrellas - unless foldable

• Acid

• Explosives

• Gas cartridges or refills

• Paint

• Lighter fuel

• Mercury

• Restraining Items - handcuffs, fishing line, restraining tape.

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