Charter Price. 4.1. Unless stated otherwise in the Charter Agreement, the Charter Price includes standard catering charges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel (excluding any fuel surcharge), oil, lubricants, maintenance, insurance (excluding High-Risk Premiums), landing and navigation fees, airport charges and similar operational expenses. 4.2. Unless stated otherwise in the Charter Agreement, the Charter Price does not include any fuel surcharge, de-icing or anti-icing fluids, High Risks Premiums, onboard communication costs (voice or data usage), royalties, non- objection fees, customs duties, taxes, levies or charges assessed or imposed by any applicable authority upon the execution or performance of the Charter Agreement or the carriage, embarkation or disembarkation of passengers or ground transportation of passengers and their baggage, loading and unloading of cargo for which the Client shall be responsible or any other amounts for which the Client is responsible hereunder, all of which shall be paid by the Client in accordance with these General Terms and Conditions and the Charter Agreement. 4.3. The Client will pay to PRIVAJET the Charter Price specified in the Charter Agreement and shall be responsible for, and will promptly pay PRIVAJET on demand, any other additional costs, charges and expenses payable hereunder. For purposes of the Client’s payment obligations hereunder, time shall be of the essence and non-payment of any due amount shall entitle PRIVAJET to suspend or cancel the Flight Schedule (or any part thereof) without warning or liability and without prejudice to PRIVAJET’s right to claim from the Client any and all monies due and payable to PRIVAJET. In cases where payment for any part of sums due from the Client to PRIVAJET is made by a third party, such third party shall be deemed as the Client's authorized agent and the payment treated as made on behalf of the Client. 4.4. The Charter Price is based on PRIVAJET’s costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, PRIVAJET shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Without limiting the generality of the foregoing, the Charter Price assumes a base fuel price on the date of the Charter Agreement as published by IATA (International Air Transport Association) Fuel Monitor, available on IATA’s website xxx.xxxx.xxx. If the actual fuel price on the day of the flight(s) mentioned in the Flight Schedule exceeds the base fuel price taken as a reference by more than twenty per cent (20%), a fuel surcharge will apply and will be invoiced by PRIVAJET to the Client. Any amounts payable by the Client pursuant to these General Terms and Conditions and/or the Charter Agreement shall be notified to the Client as soon as reasonably practicable and shall be paid by the Client in accordance with these General Terms and Conditions.
Appears in 3 contracts
Samples: Charter Agreement, Charter Agreement, Charter Agreement
Charter Price. 4.1. Unless stated otherwise A. United shall be respons ble for, and bear all costs of providing the Charter Flights described and provided for in this Agreement, including required aircraft, crews, equipment and facilities, personnel, ground costs, deicing, fuel and ferrying.
B. Charterer shall pay to United the amount (the “Charter Price”) for each Charter Flight as indicated on the payment schedule (the “Payment Schedule”) included in the Charter AgreementContract Summary in accordance with Section 5 hereof. Except as specified in Section 4.C, the Charter Price includes standard catering chargesall airport departure and arrival charges and taxes or governmental fees, including, but not limited to U.S. international arrival and departure taxes, INS user fees, APHIS passenger user fees, customs user fees, September 11th security fees, and passenger facility charges that may be owed in connection with the costs incurred Charter Flights (collectively, “Travel Taxes”) based on the passenger count indicated in the operation Payment Schedule.
C. With respect to Public Charters or any other Charter Flights for which Travel Taxes are not included on the Payment Schedule, which may include but not be limited to local departure taxes, Charterer shall be solely responsible for, and to the extent permitted by the Constitution and laws of the AircraftState of Texas, indemnify, defend and hold United harmless against any claim, damage, loss or expense relating to the costs collection and payment of crew, fuel (excluding any fuel surcharge), oil, lubricants, maintenance, insurance (excluding High-Risk Premiums), landing and navigation fees, airport charges and similar operational expensesall Travel Taxes.
4.2. Unless stated otherwise D. Any material deviation from the Flight Schedule or terms thereof through the action or inaction or at the request of Charterer may involve a change in the Charter AgreementPrice, the amount of such change to be determined solely by United. Charterer acknowledges it shall also be responsible for re- crewing charges should any such action, inaction or request made by the Charterer cause United to replace any member of the flight crew for any Charter Flight. Re-crewing charges will be determined solely by using United’s then-current crew pay rates.
E. United and Charterer acknowledge and agree that, unless the parties have otherwise expressly agreed in writing, the Charter Price does is not include any subject to a fuel surcharge, de. United and Charterer further acknowledge and agree that the pricing included in this Agreement is “all-icing or anti-icing fluids, High Risks Premiums, onboard communication costs (voice or data usage), royalties, non- objection fees, customs duties, taxes, levies or charges assessed or imposed by any applicable authority upon the execution or performance of the Charter Agreement or the carriage, embarkation or disembarkation of passengers or ground transportation of passengers in” and their baggage, loading and unloading of cargo for which the Client shall be responsible or any other amounts for which the Client is responsible hereunder, all of which shall be paid by the Client in accordance with these General Terms and Conditions and the Charter Agreementnot subject to reconciliation.
4.3. The Client will pay to PRIVAJET the Charter Price specified in the Charter Agreement and shall be responsible for, and will promptly pay PRIVAJET on demand, any other additional costs, charges and expenses payable hereunder. For purposes of the Client’s payment obligations hereunder, time shall be of the essence and non-payment of any due amount shall entitle PRIVAJET to suspend or cancel the Flight Schedule (or any part thereof) without warning or liability and without prejudice to PRIVAJET’s right to claim from the Client any and all monies due and payable to PRIVAJET. In cases where payment for any part of sums due from the Client to PRIVAJET is made by a third party, such third party shall be deemed as the Client's authorized agent and the payment treated as made on behalf of the Client.
4.4. The Charter Price is based on PRIVAJET’s costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, PRIVAJET shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Without limiting the generality of the foregoing, the Charter Price assumes a base fuel price on the date of the Charter Agreement as published by IATA (International Air Transport Association) Fuel Monitor, available on IATA’s website xxx.xxxx.xxx. If the actual fuel price on the day of the flight(s) mentioned in the Flight Schedule exceeds the base fuel price taken as a reference by more than twenty per cent (20%), a fuel surcharge will apply and will be invoiced by PRIVAJET to the Client. Any amounts payable by the Client pursuant to these General Terms and Conditions and/or the Charter Agreement shall be notified to the Client as soon as reasonably practicable and shall be paid by the Client in accordance with these General Terms and Conditions.
Appears in 1 contract
Samples: Aircraft Charter Agreement
Charter Price. 4.1. Unless stated otherwise in the Charter Agreement, the Charter Price includes standard catering charges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel (excluding any fuel surcharge), oil, lubricants, maintenance, insurance (excluding High-Risk Premiums), landing and navigation fees, airport charges and similar operational expenses.
4.2. Unless stated otherwise in the Charter Agreement, the Charter Price does not include any fuel surcharge, de-icing or anti-icing fluids, High Risks Premiums, onboard communication costs (voice or data usage), royalties, non- objection fees, customs duties, taxes, levies or charges assessed or imposed by any applicable authority upon the execution or performance of the Charter Agreement or the carriage, embarkation or disembarkation of passengers or ground transportation of passengers and their baggage, loading and unloading of cargo for which the Client shall be responsible or any other amounts for which the Client is responsible hereunder, all of which shall be paid by the Client in accordance with these General Terms and Conditions and the Charter Agreement.
4.3. The Client will pay to PRIVAJET the Charter Price specified in the Charter Agreement and A. United shall be responsible for, and will promptly pay PRIVAJET on demandbear all costs of providing the Charter Flights described and provided for in this Agreement, any other additional including required aircraft, crews, equipment and facilities, personnel, ground costs, charges deicing, fuel and expenses payable hereunder. For purposes of ferrying.
B. Charterer shall pay to United the Client’s payment obligations hereunder, time shall be of amount (the essence and non-payment of any due amount shall entitle PRIVAJET to suspend or cancel the “Charter Price”) for each Charter Flight Schedule (or any part thereof) without warning or liability and without prejudice to PRIVAJET’s right to claim from the Client any and all monies due and payable to PRIVAJET. In cases where payment for any part of sums due from the Client to PRIVAJET is made by a third party, such third party shall be deemed as the Client's authorized agent and indicated on the payment treated as made on behalf of schedule (the Client.
4.4. The Charter Price is based on PRIVAJET’s costs, charges and expenses at “Payment Schedule”) included in the date Contract Summary in accordance with Section 5 hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, PRIVAJET shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred or to be incurred, Except as specified in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Without limiting the generality of the foregoingSection 4.C, the Charter Price assumes a base fuel price includes all airport departure and arrival charges and taxes or governmental fees, including, but not limited to U.S. international arrival and departure taxes, INS user fees, APHIS passenger user fees, customs user fees, September 11th security fees, and passenger facility charges that may be owed in connection with the Charter Flights (collectively, “Travel Taxes”) based on the date passenger count indicated in the Payment Schedule.
C. With respect to Public Charters or any other Charter Flights for which Travel Taxes are not included on the Payment Schedule, which may include but not be limited to local departure taxes, Charterer shall be solely responsible for, and to the extent permitted by the Constitution and laws of the Charter Agreement as published by IATA (International Air Transport Association) Fuel MonitorState of Texas, available on IATA’s website xxx.xxxx.xxx. If indemnify, defend and hold United harmless against any claim, damage, loss or expense relating to the actual fuel price on the day collection and payment of the flight(s) mentioned in all Travel Taxes.
D. Any material deviation from the Flight Schedule exceeds or terms thereof through the base fuel price taken as action or inaction or at the request of Charterer may involve a reference change in the Charter Price, the amount of such change to be determined solely by more than twenty per cent (20%)United. Charterer acknowledges it shall also be responsible for re- crewing charges should any such action, inaction or request made by the Charterer cause United to replace any member of the flight crew for any Charter Flight. Re-crewing charges will be determined solely by using United’s then-current crew pay rates.
E. United and Charterer acknowledge and agree that, unless the parties have otherwise expressly agreed in writing, the Charter Price is not subject to a fuel surcharge will apply surcharge. United and will be invoiced by PRIVAJET Charterer further acknowledge and agree that the pricing included in this Agreement is “all-in” and is not subject to the Client. Any amounts payable by the Client pursuant to these General Terms and Conditions and/or the Charter Agreement shall be notified to the Client as soon as reasonably practicable and shall be paid by the Client in accordance with these General Terms and Conditionsreconciliation.
Appears in 1 contract
Samples: Aircraft Charter Agreement
Charter Price. 4.1. 4.1 Unless stated otherwise in the Charter Agreement, the Charter Price includes standard catering charges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel (excluding any fuel surcharge), oil, lubricants, maintenance, insurance (excluding High-High Risk Premiums), landing and navigation fees, airport charges and similar operational expenses.
4.2. 4.2 Unless stated otherwise in the Charter Agreement, the Charter Price does not include any fuel surcharge, de-icing or anti-icing fluids, High Risks Premiums, onboard communication costs (voice or data usage), royalties, non- objection fees, customs duties, taxes, levies or charges assessed or imposed by any applicable authority upon the execution or performance of the Charter Agreement or the carriage, embarkation or disembarkation of passengers or ground transportation of passengers and their baggage, loading and unloading of cargo baggage for which the Client shall be responsible or any other amounts for which the Client is responsible hereunder, all of which shall be paid by the Client in accordance with these General Terms and Conditions and the Charter this Agreement.
4.3. 4.3 The Client will pay to PRIVAJET the Charter Price specified in the Charter Agreement and shall be responsible for, and will promptly pay PRIVAJET on demand, any other additional costs, charges and expenses payable hereunder. For purposes of the Client’s payment obligations hereunder, time shall be of the essence and non-payment of any due amount shall entitle PRIVAJET to suspend or cancel the Flight Schedule (or any part thereof) without warning or liability and without prejudice to PRIVAJET’s right to claim from the Client any and all monies due and payable to PRIVAJET. In cases where payment for any part of sums due from the Client to PRIVAJET is made by a third party, party such third party shall be deemed as the Client's authorized agent and the payment treated as made on behalf of the Client.
4.4. 4.4 The Charter Price is based on PRIVAJET’s costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, PRIVAJET shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred incurred, or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Without limiting the generality of the foregoing, the Charter Price assumes a base fuel price on the date of the Charter Agreement as published by IATA (International Air Transport Association) Fuel Monitor, available on IATA’s website xxx.xxxx.xxx. If the actual fuel price on the day of the flight(s) mentioned in the Flight Schedule exceeds the base fuel price taken as a reference by more than twenty per cent percent (20%), a fuel surcharge will apply and will be invoiced by PRIVAJET to the Client. Any amounts payable by the Client pursuant to these General Terms and Conditions and/or the Charter this Agreement shall be notified to the Client as soon as reasonably practicable and shall be paid by the Client in accordance with these General Terms and Conditionsthis Charter Agreement.
4.5 If the Client wishes to cancel any Flight or Flights, the following rates will be paid forthwith by the Client to PRIVAJET as agreed compensation: • 20% of the total Charter Price if cancelled after contract signature; • 50% of the total Charter Price if cancelled less than 48 hours prior to the first flight of the Flight Schedule; • 100% of the total Charter Price if cancelled within 12 hours of the first flight of the Flight Schedule, or at any time during the Flight Schedule.
Appears in 1 contract
Samples: Charter Agreement
