Standard Charter Terms
- PARTIES
Charterer: The Final User making the Flight booking using www.vipheliservices.com whose details are set out in a Charter Contract.
Carrier: The Aircraft Operator whose quotation for provision of a Flight to the Charterer has been accepted by the Charterer in accordance with an Agreement and the terms of www.vipheliservices.com as detailed in a Charter Contract.
- CHARTER
2.1 The Carrier shall make available to the Charterer the Aircraft as specified in a Charter Contract and the Charterer shall take the Aircraft on charter from the Carrier upon the terms and conditions of an Agreement (including any Special Conditions which have been notified to the Charterer by the Carrier during the Reservation Process).
- CANCELLATION
If the Charterer wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the Charterer to VIP Heli Serv as agreed compensation for such cancellation:
50% of the Charter Price if cancelled after completion of an Agreement.
75% of the Charter Price if cancelled within 48 hours of the scheduled departure time as set out in a contract.
100% of the Charter Price if cancelled within 24 hours of the scheduled departure time as set out in a Charter Contract.
- CHARTER PRICE AND PAYMENT
4.1 VIP Heli Services S.A. offers a payment gateway for Aircraft Operators through its services at www.vipheliservices.com . The Charterer shall pay VIP Heli Services 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.
4.2 The Charter Price is based on aviation fuel costs calculated on the Booking Date. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Booking Date and the date of operation of any Flight, then the Charterer shall, if so required by the Carrier, pay VIP Heli Services S.A. on demand such amount as shall fully compensate the Carrier for such increase in costs.
4.3 Payment of the Charter Price shall be made directly to the provided payment platform provided by VIP Heli Services S.A. which is authorized to accept payment on behalf of the Carrier and received in cleared funds in such account. Full payment must be received on receipt of invoice to secure the aircraft (unless otherwise specified).
4.4 The Charterer shall be responsible for reimbursing the Carrier on demand in respect of any overweight baggage transfer costs incurred in connection with the performance of an Agreement.
4.5 In the event that the Charterer 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 Carrier under an Agreement and such requests are accommodated by the Carrier (which shall be at the Carrier’s sole discretion), VIP Heli Services will issue an amended or replacement Flight Confirmation and the Charterer will pay on demand any additional costs set out therein.
4.6 VIP Heli Services offers www.vipheliservices.com as an Aircraft charter booking platform and VIP Heli Services acts as a facilitator for Aircraft Operators. VIP Heli Services deducts from the Charter Price a facilitation fee before remitting funds received from the Charterer to the Carrier.
4.7 If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, VIP Heli Services shall use its reasonable commercial endeavors to find a suitable replacement Aircraft and shall disclose any extra costs to the Charterer. If VIP Heli Services efforts are successful, but the Charterer elects not to accept the replacement Aircraft found by VIP Heli Services, VIP Heli Services shall be entitled to retain all sums due to it under these Standard Charter Terms had the Charterer accepted the replacement Aircraft. If VIP Heli Services efforts are unsuccessful, the Charterer’s sole remedy shall be a full refund of the Charter in respect of that part of any Charter Contract which cannot be fulfilled due to Aircraft unavailability.
4.5 INCLEMENT WEATHER If the Charterer decides to make the flight, after being advised by the crew, knowing that it cannot land at the destination, the total amount of the flight will be charged. If the Charterer decides not to fly, Charterer shall be reimbursed for the portion of the flight that will not take place.
4.6 OVERNIGHT AND CREW PER DIEM
- TRAFFIC DOCUMENTS
When required, the Carrier shall supply or procure all necessary documents relating to the carriage and Flight undertaken pursuant to an Agreement. The Charterer shall give VIP Heli Services 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, LOADING AND BOARDING
6.1 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 the Carrier shall be under no liability whatsoever to the Charterer or to such passenger. The Carrier shall be under no obligation to make any alternative arrangements for any such passenger. If the Carrier, in its sole discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to VIP Heli Services such additional sum that the Carrier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier thereby incurred.
6.2 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 the Carrier on demand.
6.3 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, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or VIP Heli Services by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried.
6.4 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.
- TERMINATION
7.1 Each Agreement may be terminated immediately upon written notice from VIP Heli Services or the Carrier if the Charterer:
7.1.1 defaults in the payment of any amount payable hereunder on due date; or
7.1.2 behaves in a manner which in the reasonable opinion of VIP Heli Services is likely to bring VIP Heli Services into disrepute or otherwise to compromise or adversely affect the reputation and standing of VIP Heli Services.
- GENERAL
8.1 Any notice required to be given under an Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post, email 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 email or facsimile message upon the day such message is sent.
8.2 Time shall be of the essence in respect of the Charterer’s performance of its obligations under any Agreement.
8.3 Each 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.
8.5 No claims shall be made against the Carrier 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 an Agreement.
8.6 No variation of an Agreement shall be effective unless made in writing and signed by both parties.
8.7 The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
8.9 The Charterer shall not be entitled to assign the benefit of any Agreement.
8.11 Charter Contracts (including any Special Terms) may be executed:
8.11.1 Electronically (using electronic signature, advanced electronic signature, email, or otherwise) or by physical (written) signature of the relevant Charter Contract and/or Special Terms (as applicable). If the Charter Contract and/or Special Terms (as applicable) is executed electronically, the Charterer and VIP Heli Services each hereby irrevocably consent to such Charter Contract or Special Terms (as applicable) being communicated, presented, and retained (wholly or partly) in electronic form; and
8.11.2 In any number of counterparts, including electronic counterparts, each of which (including electronic counterparts) will be an original but all of which together will constitute one and the same instrument. No counterpart (including electronic counterparts) shall be effective until each of the Charterer and VIP Heli Services has executed at least one counterpart.