General Terms & Conditions
This Aircraft Charter Brokerage Contract (this “Contract”) is made between AeroJet Me Ltd (“AeroJet Me”) and Charterer or the Charterer’s agent on the first page of this Contract.
No variation of this Contract shall be effective unless agreed in writing by AeroJet Me.
By signing this Contract, the Charterer confirms that it has submitted this Contract to all Passengers and that they have accepted the same. The Charterer shall ensure all Passengers comply with the terms of this Contract.
The charter under this Contract shall not be assigned to a third party without AeroJet Me’ prior written consent.
Where the context permits, the use of the singular herein shall include the plural and vice versa, and the use of one gender pronoun shall be construed as importing the other gender.
Unless otherwise provided, the term “or” is not exclusive and “include”, “including” and “in particular” are not limiting.
Capacity of AeroJet Me
AeroJet Me is an air charter agent and only acts as an intermediary between the third-party aircraft operator (the “Operator”) and the Charterer. AeroJet Me facilitates carriage by air through chartering aircraft from the Operator, acting as an agent of, for and on behalf of, the Charterer.
AeroJet Me does not itself operate aircraft, is not a contracting or indirect carrier and does not provide air transportation services. There is no carriage agreement between AeroJet Me and the Charterer and/or the passengers. AeroJet Me is not itself a party to the carriage agreement between the Operator and the Charterer (represented by AeroJet Me), and shall not bear any obligation or liability in relation thereto.
AeroJet Me shall not incur any liability resulting from any loss, damage, death, injury, accident or delay due to any action or omission of the Operator or third parties or occurring out of or in connection with the chartered Flights (as defined below), whether incurred by the Charterer or by the Passengers. The Charterer hereby acknowledges to AeroJet Me that in any such event the Charterer and the Passengers shall only have recourse against the Operator, and waives any and all claims and remedies against AeroJet Me.
Appointment of AeroJet Me
By signing this Contract, the Charterer appoints AeroJet Me as its agent for logistical part of arranging for the flights described on the first page of this Contract (the “Flight(s)”) by chartering the aircraft described on the first page of this Contract (the “Aircraft”) from the Operator, it being understood that AeroJet Me shall act in a capacity as agent of, for and on behalf of, the Charterer. Consequently, the Charterer authorises AeroJet Me to enter into a carriage agreement(including any general terms and conditions of carriage) with the Operator as agent of, for and on behalf of, the Charterer (the “Carriage Agreement”).
At any time upon the Charterer’s request to AeroJet Me’ representative,AeroJet Me will disclose the identity of the Operator to the Charterer.
Immediately upon entering into this Contract, the Charterer shall pay the total Price indicated on the first page of this Contract and in the invoice sent by AeroJet Me to the Charterer(the “Price”). If the Charterer renders the payment by a credit card, an additional card admin fee of 3.50 % (three decimal five percent) of the charter price will be payable by the Charterer.
AeroJet Me shall enter into the Carriage Agreement with the Operator as soon as reasonably practicable after receipt of the Price. In entering the Carriage Agreement contract, AeroJet Me will be acting in a capacity as agent of the Charterer.
AeroJet Me will provide the Charterer with a copy of the Carriage Agreement upon request by the Charterer. AeroJet Me reserves the right redact the Price paid to the Operator. The Charterer acknowledges and agrees that the amount of AeroJet Me‘ remuneration corresponding to the difference between the Price paid by AeroJet Me to the Operator and the Price invoiced by AeroJet Me to the Charterer is privileged information and shall not be disclosed to the Charterer.
This Contract shall become effective after AeroJet Me receives the full payment and the Carriage Agreement is signed between AeroJet Me and the Operator.
If the Operator declines to enter into Carriage Agreement for any reason, AeroJet Me shall not bear any liability arising from such refusal. In this case, AeroJet Me’ sole obligation shall be reimbursement the Price as paid by the Charterer.
Immediately upon signing this Contract, the Charterer identifies all the passengers who will travel in the Flight. The information supplied by the Charterer, which shall include passport copies, shall be transmitted by AeroJet Me to the Operator.
AeroJet Me will send a flight confirmation to the Charterer, indicating the details of the Flight includes the identity of the Operator.
Price and Payment Terms
The Charter Price includes the services limited to those listed on the first page of this Contract andAeroJet Me remuneration.
The Price is exclusive of any additional services, in particular those listed as not included this Contract. Any services requested and rendered shall be invoiced byAeroJet Me and payable by the Charterer immediately upon receipt of the corresponding invoices from Aerojet ME.
The Charterer shall indemnifyAeroJet Me against taxes and/or charges imposed in any country on the Price or otherwise in connection with the Flight.
In payment of the Price or charges for additional services rendered, the Charterer shall not make any deduction, set-off, counterclaim, or any withholding whatsoever.
In the event of late payments to be made by the Charterer, there shall be default interest accruing at the rate of ten percent (10%) per annum from the first day of delay until the date of actual payment, including the legal fees incurred and any foreign exchange losses.
Upon payment of the Price, AeroJet Me shall keep the in Bahrain bank account until 48 hours prior to the first Flight. Forty-eight hours prior to the departure of the first Flight, AeroJet Me will transfer the Price to the Operator, and no security or guarantee is granted in case the Operator ceases activity or files for bankruptcy before the departure of the Flight.
Delay and Cancellation
The Charterer shall ensure the passengers arrive sufficiently in advance at the departure airport in time for Flight.
In the event of delay departure of the Flight caused by passengers (including late arrival, missing Passengers, missing documents, customs formalities), the Charterer shall be liable to pay the Operator a demurrage fee of EUR 350 per hour for each hour of delay. The demurrage fee shall be payable AeroJet Me. Further, neither the Operator nor AeroJet Me shall be liable from the knock-on delays caused by new departure time allocated, however long it extends, diversions, or cancellations.
If the Charterer or the Passengers cancel the Flight, the cancellation charges shall apply as listed in the first page of this Contract. In addition, the Charterer shall be liable to reimburse Aerojet ME in connection with any Additional Services related to the Flight.
In the event the Price had not been paid by the Charterer at the time of cancellation, the Charterer is liable to pay, within 2 business days of the cancellation, the applicable Cancellation Charges and any addition costs that might have accrued for Additional Services.
Partial cancellation shall not be allowed if the Flight consists of several legs, unless AeroJet Me gives prior written consent (solely based on Operator’s consent). Where partial cancellation is allowed, the Charterer is liable to pay the full Price, and no reimbursements shall be made by AeroJet Me.
In case of any delay from the charterer within 1 to 2 hours 1000€ fees will be applied & if the delay exceeded 2 hours, Operator has the right to cancel the flight.
ANY CANCELLATION WILL BE OCCURRED BY THE GOVERNMENT, 1,000€ WILL BE DEDUCTED FROM THE ABOVE PRICE FOR ALL PERMITS FEES HAS BEEN PAID,AND THE REMAINING WILL BE REFUND TO THE CLIENT.
Charterer’s and Passengers’ Obligations and Compliance with Laws
The Charterer is solely responsible for compliance with all laws, immigration and customs regulations of any country to be flown from, into or over, and with the rules of the Operator and in particular:
(i) The Passengers shall be responsible for carrying a valid passport, obtaining any visa where required;
(ii) The Charterer shall not use, or allow the aircraft, to be used for illegal purposes, neither shall it be used to provide transportation of cargo or transport on hire.
AeroJet Me shall not be liable for any consequences resulting from passengers failing to comply with laws and travel requirements. AeroJet Me shall surcharge the Charterer for any additional costs, including surcharges, fees, fines, or penalties, resulting from such non-compliance by any Passenger.
The passengers shall comply with requests and directions by custom officials on inspection of their baggage. AeroJet Me shall bear no responsibility for damage, loss, or damage suffered for failure to comply with such directions.
Smoking onboard is prohibited unless expressly provided in the Flight Confirmation.
The scheduled departure and arrival times indicated in the Flight Confirmation shall not be changed, varied or delayed by the Charterer except with prior written consent by AeroJet Me. The consent shall be subject to ratification by the Operator, in which case the Charterer shall be liable to pay AeroJet Me any additional costs resulting from the rescheduling.
Baggage, Dangerous Goods and Prohibited Articles
The Passengers shall comply with the Operator’s regulations regarding Dangerous Goods and Prohibited Articles. Such regulations are available upon request.
The Passengers shall not include in their baggage:
(i) articles which are likely to endanger the Aircraft or persons or property on board the Aircraft, including explosives, compressed gases, corrosives, oxidizing, radioactive or magnetized materials that are easily ignited, poisonous, offensive or irritating substances and liquids of any kind (other than liquids in the Passengers’ unchecked baggage for their use in the course of the journey, provided that the nature and volume is allowed under applicable regulations);
(ii) weapons other than sport weapons to the extent (a) the same are declared to, and accepted by, the Operator in advance, (b) the Passenger(s) hold all required licenses, permits and other documentation related thereto, and (c) the transport thereof is made and declared by the Passenger(s) in accordance with all applicable laws, regulations or orders of any country to be flown from, into or over (including any customs regulations) and with the Operator’s applicable regulations;
(iii) articles the carriage of which is prohibited by applicable laws, regulations or orders of any country to be flown from, into or over; and
(iv) articles which, in the opinion of the Operator, are unsuitable for carriage, by reason of their weight, size or character.
The Charterer acknowledges and agrees that the Operator is entitled to request any Passenger to permit a search to be made on his person and his baggage and may search the Passenger’s baggage in his absence if the Passenger is not available for such permission to be sought for the purpose of determining whether he is in possession of or whether his baggage contains any articles which are prohibited under this article or the Operator’s regulations regarding Dangerous Goods and Prohibited Articles. If the Passenger is unwilling to comply with such request, the Operator may refuse to carry the Passenger or his baggage and in that event AeroJet Me shall be under no liability to the Passenger or the Charterer.
The Operator may refuse carriage or may cancel the reservation of any Passenger when:
(i) The refusal is necessary to prevent violation of any laws and regulations of any country to be flown from, into or over;
(ii) The refusal is necessary for the safety of the and the Passengers and the Aircraft
(iii) The behaviour, age, the mental or physical state of the Passenger is such as to:
– require special assistance from the Operator which the Operator is unable to provide;
– cause discomfort or make himself objectionable to other Passengers; or
Flight is subject to weather conditions, Air Traffic Control (ATC) orders, airport slots, take-off, overflight, landing and parking permissions. This may result in inadvertent changes in departure and arrival times, and routing, in which event AeroJet Me shall not be liable in connection to those limitations.
The Pilot in Command Authority
The Pilot in Command has the full authority to take necessary precautions at any time to ensure safety of the Flight. AeroJet Me shall not incur any liability for damage, loss or delay as a result of any such decision.
In the event the conduct of a passenger in the Chartered Flight necessitates a diversion or delay, the Charterer shall be liable for the full Price and any resultant cost from the diversion.
AeroJet Me shall not have any obligation or liability towards the Charterer and/or the Passengers in the event that they have to be transported to a final destination not covered by this Contract.
AeroJet Me shall not be liable for the delay or non-performance of any such Flight if the circumstances are such that they are beyond the control of the Operator, including pandemics, extreme weather conditions, war, hijacking, riots and commotion, strikes or labour disputes, lock-outs, interferences of government authorities or their officials, fire, explosions, requisitions, blockade, embargo, flood, fog, Act of God, act of nature, order from the owner of the Aircraft, mechanical failure, lack of essential supplies or parts, delay of suppliers, breakdown or accident to the aircraft, failure to obtain airport slots, take-off, overflight, landing and/or parking permissions, the Operator shall be unable to perform the Flight (s) or to continue the Flight (s),. To the extent the Operator reimburses the whole or part of the Price paid by AeroJet Me to the Operator in respect of the non-performed Flight (s), AeroJet Me shall reimburse to the Charterer the Price or such part thereof corresponding to the non-performed Flight (s), it being understood that the amount repaid by AeroJet Me to the Charterer may not be higher than the amount repaid by the Operator to AeroJet Me.
AeroJet Me may, subject to Charterers approval, find an alternate operator/aircraft for completion of non-performed flights in which case new Charter contract will be entered with the corresponding new price changes.
Aerojet ME Liability
To the full extent permitted by applicable law, any direct or indirect liability of AeroJet Me and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assigns for any injury, damage, death, loss, accident or delay arising out of or in connection with its activities and/or services hereunder is excluded.
The Charterer and Passengers shall be jointly and severally liable for, and shall indemnify AeroJet Me, the Operator and any affiliates against, any direct or indirect damage caused to the aircraft under the Contract.
Without prejudice to the generality of the foregoing, the Charterer shall cater for cleaning of the aircraft cabin at the end of the Flight for restoration into the same condition that it was found at the beginning thereof.
By this Contract, the Charterer autorises AeroJet Me to transfer to the Operator the passenger name record (PNR) data, including the Charterer’s name and the Passengers’ documentation, bio-data and contacts (“PNR Data”). The PNR Data may subsequently be transferred to Authorities of countries that need them as condition for Flight into, over, or out of their territories.
Governing Law and Jurisdiction
The laws of the United Kingdom govern this Contract, including its construction, but excludes conflict of law provisions.
Any dispute in connection with this Contract shall be submitted to the exclusive jurisdiction of the courts of London, United Kingdom (with the right to appeal to the Arbitration Court), to which the parties hereby irrevocably agree to be submitted.
AeroJet Me is not precluded from suing the Charterer/passengers before any other competent court/forum.
AeroJet Me Ltd has its registered offices at Office
Kemp House, 160 City Road, EC1V 2NX, London, United Kingdom.
« AeroJet Me being a licensed Aviation Brokerage company. Terms & Conditions may vary and are subjects to the contractual conditions of the Principal issuing contracts to Aerojet’s clients & customers such as flight broker, Carrier or Operator. »
If you have any questions or comments about this Terms and Conditions, please contact us at the address provided below.
Last updated: October 2020