Common use of FLIGHT TIMES, LOADING AND EMBARKATION Clause in Contracts

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 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 Avione Jet (as duly authorised to receive payments for the Carrier) 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. 7.2 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. 7.3 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 Avione Jet 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. 7.4 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.

Appears in 1 contract

Samples: Charter Agreement

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FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 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 Supplier shall be under no liability whatsoever to the Charterer or nor to such passenger. The Carrier Supplier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) Supplier such additional sum that the Carrier Supplier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and the Supplier thereby incurred. 7.2 5.2 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 Flightflight, 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 ’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier Supplier shall be reimbursed by the Charterer to the Carrier Supplier on demand. 7.3 5.3 In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the CarrierSupplier, its officers, employees, servants agents and agents suppliers against any and all cost or expense whatsoever incurred by the Carrier Supplier in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet the Supplier by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier and/or the Supplier to return such passengers to the country from which such passenger was originally carried. 7.4 5.4 In the event that: any agreement between the Carrier and the Supplier in respect of the Aircraft is terminated for whatever reason; or • the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or • the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights can only at the same cost to the Carrier; or • if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or • the Carrier, for whatever reason, fails to hold or maintain an Air Operator’s Certificate then the Supplier shall use its reasonable endeavors to find an alternative carrier to operate such flights as may be confirmed once full payment has been received. Final affected by the occurrence of any of the above events (“the Affected Flights”), at the same cost of Flights to the Charterer. 5.5 In the event that the Supplier is also unable so to do, the Supplier shall (subject to all crew availability, international overflight permits, airport slots the provisions of Clause 10 hereof and airport parking being in place and non-availability at any time may result in an increase in price provided that the Charterer has duly fulfilled its obligations hereunder) refund to the Charterer such part of the charterCharter Price previously paid by the Charterer as relates to the Affected Flight(s). In the event that the Supplier is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, the Supplier shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Supplier such additional costs upon demand. If the Charterer does not so elect, the Supplier shall, (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flights and the Supplier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flights.

Appears in 1 contract

Samples: Passenger Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1. 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 Supplier shall be under no liability whatsoever to the Charterer or nor to such passenger. The Carrier Supplier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) Supplier such additional sum that the Carrier Supplier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and the Supplier thereby incurred. 7.2 5.2. 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 Flightflight, 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 ’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier Supplier shall be reimbursed by the Charterer to the Carrier Supplier on demand. 7.3 5.3. In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the CarrierSupplier, its officers, employees, servants agents and agents suppliers against any and all cost or expense whatsoever incurred by the Carrier Supplier in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet the Supplier by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier and/or the Supplier to return such passengers to the country from which such passenger was originally carried. 7.4 5.4. In the event that:  any agreement between the Carrier and the Supplier in respect of the Aircraft is terminated for whatever reason; or the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or  the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights can only at the same cost to the Carrier; or  if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or  the Carrier, for whatever reason, fails to hold or maintain an Air Operator’s Certificate then the Supplier shall use its reasonable endeavors to find an alternative carrier to operate such flights as may be confirmed once full payment has been receivedaffected by the occurrence of any of the above events (“the Affected Flights”), at the same cost to the Charterer. 5.5. Final cost of Flights In the event that the Supplier is also unable so to do, the Supplier shall (subject to all crew availability, international overflight permits, airport slots the provisions of Clause 10 hereof and airport parking being in place and non-availability at any time may result in an increase in price provided that the Charterer has duly fulfilled its obligations hereunder) refund to the Charterer such part of the charterCharter Price previously paid by the Charterer as relates to the Affected Flight(s). In the event that the Supplier is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, the Supplier shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Supplier such additional costs upon demand. If the Charterer does not so elect, the Supplier shall, (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flights and the Supplier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flights.

Appears in 1 contract

Samples: Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 The Charterer Client 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 Client fails to arrive in sufficient time to be carried on the Flight the Carrier Aviation For Professionals BV shall be under no liability whatsoever to the Charterer or Client nor to such passenger. The Carrier Aviation For Professionals BV shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer Client shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) Aviation For Professionals BV such additional sum that the Carrier Aviation For Professionals BV may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and Aviation For Professionals BV thereby incurred. 7.2 5.2 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 Flightflight, the Charterer Client 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 ChartererClient's passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier Aviation For Professionals BV shall be reimbursed by the Charterer Client to the Carrier Aviation For Professionals BV on demand. 7.3 5.3 In the event that any passenger of the Charterer Client is refused entry at any destination airport, the Charterer Client shall indemnify and keep indemnified the CarrierAviation For Professionals BV, its officers, employees, servants agents and agents Aviation For Professionals BV against any and all cost or expense whatsoever incurred by the Carrier Aviation For Professionals BV in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet Aviation For Professionals BV by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier and/or Aviation For Professionals BV to return such passengers to the country from which such passenger was originally carried. 7.4 5.4 In the event that: any agreement between the Carrier and Aviation For Professionals BV in respect of the Aircraft is terminated for whatever reason; or the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, over flight authority or by way of lien or requisition for hire or otherwise); or the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights can only at the same cost to the Carrier; or if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or the Carrier, for whatever reason, fails to hold or maintain an Air Operator's Certificate then Aviation For Professionals BV shall use its reasonable endeavors to find an alternative carrier to operate such flights as may be confirmed once full payment has been received. Final affected by the occurrence of any of the above events ("the Affected Flights"), at the same cost of Flights to the Client. 5.5 In the event that Aviation For Professionals BV is also unable so to do, Aviation For Professionals BV shall (subject to all crew availability, international overflight permits, airport slots the provisions of Clause 10 hereof and airport parking being in place and non-availability at any time may result in an increase in price provided that the Client has duly fulfilled its obligations hereunder) refund to the Client such part of the charterCharter Price previously paid by the Client as relates to the Affected Flight(s). In the event that Aviation For Professionals BV is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, Aviation For Professionals BV shall notify the Client forthwith and the Client shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to Aviation For Professionals BV such additional costs upon demand. If the Client does not so elect, Aviation For Professionals BV shall, (subject to the provisions of Clause 10 hereof and provided that the Client has duly fulfilled its obligations hereunder), refund to the Client such part of the Charter Price previously paid by the Client as it relates to the Affected Flights and Aviation For Professionals BV shall thereupon be under no further obligation to the Client in relation to the Affected Flights.

Appears in 1 contract

Samples: Passenger Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 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 Intermediary shall be under no liability whatsoever to the Charterer or nor to such passenger. The Carrier Intermediary shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) Intermediary such additional sum that the Carrier Intermediary may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and the Intermediary thereby incurred. 7.2 5.2 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 Flightflight, 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 Intermediary on demand. 7.3 5.3 In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the CarrierIntermediary, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier Intermediary in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet the Intermediary by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier and/or the Intermediary to return such passengers to the country from which such passenger was originally carried. 7.4 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.

Appears in 1 contract

Samples: Passenger Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 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 nor to such passenger. The Carrier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) 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. 7.2 5.2 In the event of any delay (other than any delay for technical reasons the responsibility for which shall lie with the CarrierCarrier subject to the provisions of the Applicable Laws including those relating to limitation of liability) 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 demanddemand and the Charterer shall indemnify and keep indemnified the Carrier against any and all costs or expenses incurred by the Carrier in respect thereof. 7.3 5.3 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 suppliers against any and all cost costs or expense expenses whatsoever incurred by the Carrier in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried. 7.4 Flights can only be confirmed once full . For the avoidance of doubt, the Charterer shall reimburse the Carrier for any costs incurred by the Carrier in addition to the 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 the Carrier of the charterCharter Price.

Appears in 1 contract

Samples: Aircraft Charter Agreement

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FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 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 nor to such passenger. The Carrier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) 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. 7.2 5.2 In the event of any delay (other than any delay caused by an event listed in clause 7.2 or any delay for technical reasons the responsibility for which shall lie with the (Carrier) deviation or diversion of any Flightflight, 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. Notwithstanding the foregoing, in the event of a delay the Carrier shall undertake all reasonable endeavours to complete the relevant flights as soon as reasonably practicable. Further, in the event of any delay, no expenditure shall be incurred by Carrier without prior notification to, and agreement of, Charterer. 7.3 5.3 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 agents and agents suppliers against any and all cost or expense whatsoever incurred by the Carrier in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried. 7.4 5.4 In the event that: 1. the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or 2. the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights can only at the same cost to the Carrier; 3. if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or the Carrier, for whatever reason, fails to hold or maintain an Air Operator's Certificate then the Carrier shall use its reasonable endeavours to find an alternative carrier to operate such flights as may be confirmed once full payment has been received. Final affected by the occurrence of any of the above events ("the Affected Flights"), at the same cost of Flights to the Charterer. 5.5 In the event that the Carrier is also unable so to do, the Carrier shall (subject to all crew availability, international overflight permits, airport slots the provisions of Clause 10 hereof and airport parking being in place and non-availability at any time may result in an increase in price provided that the Charterer has duly fulfilled its obligations hereunder) refund to the Charterer such part of the charterCharter Price previously paid by the Charterer as relates to the Affected Flight(s) or part thereof. In the event that the Carrier is able to arrange an alternative carrier to operate the Affected Flight(s) or part thereof, but only at an additional cost, the C a r r i e r shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Carrier such additional costs upon demand. If the Charterer does not so elect, the Carrier shall, (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flight(s) or part thereof and the Carrier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flight(s) or part thereof.

Appears in 1 contract

Samples: Passenger Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 Flight times and/or schedules as set out in the Flight Schedule, or as otherwise quoted by TITAN to the Charterer, are approximate estimates only and are not guaranteed by TITAN, who shall be entitled at any time to deviate from such flight times and/or schedules and/or to reduce the specified payload. 5.2 TITAN shall only be responsible to passengers for the provision, or the cost of providing, any accommodation, refreshments or meals or for any additional costs, losses or damages incurred by or in respect of any passenger as a consequence of any delay, deviation or diversion of any Flight if such responsibility is stipulated in EC Regulation 261/2004 or any other applicable law. If TITAN is required by EC Regulation 261/2004 or any other applicable law to do so, TITAN shall provide such meals, surface transport and hotel accommodation as it may consider to be reasonably required. The Charterer shall be solely responsible indemnify and keep indemnified TITAN from and against any and all Losses (including legal costs) arising in respect of any passenger’s rights in the event of denied boarding, cancellation or delay of any Flight, whatsoever the cause, except if the delay, deviation or diversion of such Flight is a direct result of the unserviceability of the Aircraft and arises for ensuring that passengers and their technical reasons within the control of TITAN. 5.3 Should any passenger or any passenger’s baggage fail to arrive at the specified check-in point at by the time required, the Aircraft may depart as scheduled without such passenger or passenger’s baggage, and TITAN shall be deemed to have completed its contractual obligation to the Charterer and shall in no way be responsible for, or liable to, any such passenger(s) or the Charterer. 5.4 TITAN shall not be obliged to delay any departure airport beyond its scheduled time of departure. If, in sufficient time TITAN’s opinion, it is necessary to do so by reason of: (a) any passenger or his baggage not being ready for embarkation as provided for in Clause 7.7 below; or (b) any act, omission or default on the part of the Charterer or any person acting on its behalf, or any passenger carried or to be carried on such Flight, TITAN shall be entitled to cancel the affected Flight(s) and to recover the applicable Cancellation Charges from the Charterer as if the Charterer had cancelled such Flight. 5.5 If any Flight. In departure or arrival of the event that Aircraft hereunder shall be delayed by reason of: (a) any passenger, cargo or baggage not being ready for embarkation as provided in Clause 7.7 below; or (b) any act, omission or default on the part of the Charterer, or anyone acting on its behalf, or any passenger of the Charterer fails to arrive in sufficient time carried or to be carried on such Flight; then TITAN shall be entitled to be paid by the Charterer the full amount of all Losses (including any Losses resulting from off-slot operations at the airport of departure or arrival or from the consequences thereof) which TITAN may suffer or incur as a result of the delay, together with flight demurrage at the Demurrage Rate for every hour of delay over two hours. 5.6 Loading and unloading of the Aircraft shall be at the Charterer’s expense, and the Charterer shall provide such equipment and material for the packing and securing of items to be carried in the Aircraft as TITAN may reasonably require or as may be required to comply with any decision of the Captain of the Aircraft under Clause 5.8. 5.7 TITAN shall be entitled to use any part of the carrying capacity of the Aircraft in excess of that specified in the Flight Confirmation, and any part of the Carrier carrying capacity specified in the Flight Confirmation left unused by the Charterer on any Flight, without any compensation, payment, reduction or refund becoming due to the Charterer. 5.8 The Captain of the Aircraft shall have complete discretion concerning the preparation of the Aircraft for flight, the flight of the Aircraft, the load carried and its distribution (including the number of passengers and the amount of their baggage), whether or not a Flight should be undertaken, where landings should be made, and all other matters relating to the operation of the Aircraft, and the Charterer shall accept all such decisions of the Captain as final. TITAN shall not be liable to the Charterer for any Losses of whatsoever nature and howsoever arising whether in contract or tort or otherwise as a result of any of the decisions made under no this Clause 5.8. 5.9 TITAN may in any event, without any liability whatsoever to the Charterer or to such any passenger. The Carrier shall be under no obligation , refuse to make carry or remove en route, if appropriate, any alternative arrangements for any such passenger. If the Carrierpassenger or his baggage where, in the exercise of its sole reasonable discretion, arranges XXXXX decides that: (a) such action is necessary for reasons of safety; (b) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; (c) the conduct, status, age or mental or physical condition, including impairment from alcohol or drugs, of the passenger is such as to: (i) require special assistance of TITAN; (ii) cause discomfort or make himself objectionable to other passenger(s); or (iii) involve any hazard or risk to himself or other persons or to property; (d) such action is necessary because the passenger has failed to observe the instructions of TITAN; (e) the passenger has failed to submit to or pass any security check; (f) the passenger’s baggage has not been cleared by all appropriate baggage screening checks; (g) the passenger does not appear to be properly documented; (h) the passenger may seek to enter a country through which he is in transit; (i) the passenger may destroy his or her documentation during flight; (j) the passenger will not surrender travel documents, to be held by the Crew, against receipt, when so requested by XXXXX; (k) the person presenting the ticket cannot prove that he is the person named on the ticket or the ticket otherwise appears to have been acquired unlawfully or otherwise than from TITAN or the Charterer or has been reported as being lost or stolen or is a counterfeit; or (l) the passenger is not in possession of a valid ticket or coupon, or any part of the passenger’s ticket or coupon has been mutilated, altered by anyone other than TITAN or the Charterer; or (m) the passenger’s attire and/or articles carried or to be carried on a later flight, by the Charterer shall pay on demand passenger are likely to the Carrier or be offensive to Avione Jet (as duly authorised to receive payments for the Carrierany other passenger(s) such additional sum that the Carrier may specify for each such passenger to cover applicable passenger taxes and the administrative costs and/or member(s) of the Carrier thereby incurredCrew. 7.2 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. 7.3 5.10 In the event that it is necessary in the reasonable opinion of the Captain of the Aircraft or TITAN for the Aircraft to be diverted in flight or delayed because of: (a) any passenger act or omission of the Charterer is refused entry at or any destination airportpassenger; (b) the need to remove any passenger for a reason set out in Clause 5.9 above; (c) a decision by any Government Entity; (d) a decision by the Captain of the Aircraft under Clause 5.8; or (e) a Force Majeure event beyond the control of TITAN, then the Charterer shall indemnify and keep indemnified the Carrier, its officers, employees, servants and agents TITAN 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 Avione Jet 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 Losses which such passenger was originally carriedTITAN may incur as a result thereof. 7.4 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.

Appears in 1 contract

Samples: Aircraft Charter Agreement

FLIGHT TIMES, LOADING AND EMBARKATION. 7.1 5.1 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 Supplier shall be under no liability whatsoever to the Charterer or nor to such passenger. The Carrier Supplier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its sole absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Avione Jet (as duly authorised to receive payments for the Carrier) Supplier such additional sum that the Carrier Supplier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and the Supplier thereby incurred. 7.2 5.2 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 Flightflight, 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 Supplier shall be reimbursed by the Charterer to the Carrier Supplier on demand. 7.3 5.3 In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the CarrierSupplier, its officers, employees, servants agents and agents suppliers against any and all cost or expense whatsoever incurred by the Carrier Supplier in respect of that refusal thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Avione Jet the Supplier by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for of any arrangements made by the Carrier and/or the Supplier to return such passengers to the country from which such passenger was originally carried. 7.4 5.4 In the event that: (i) any agreement between the Carrier and the Supplier in respect of the Aircraft is terminated for whatever reason; or (ii) the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or (iii) the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights can only at the same cost to the Carrier; or (iv) if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or (v) the Carrier, for whatever reason, fails to hold or maintain an Air Operator’s Certificate then the Supplier shall use its reasonable endeavours to find an alternative carrier to operate such flights as may be confirmed once full payment has been received. Final affected by the occurrence of any of the above events (“the Affected Flights”), at the same cost of Flights to the Charterer. 5.5 In the event that the Supplier is also unable so to do, the Supplier shall (subject to all crew availability, international overflight permits, airport slots the provisions of Clause 10 hereof and airport parking being in place and non-availability at any time may result in an increase in price provided that the Charterer has duly fulfilled its obligations hereunder) refund to the Charterer such part of the charterCharter Price previously paid by the Charterer as relates to the Affected Flight(s). In the event that the Supplier is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, the Supplier shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Supplier such additional costs upon demand. If the Charterer does not so elect, the Supplier shall, (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flights and the Supplier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flights.

Appears in 1 contract

Samples: Charter Agreement

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