Indemnity; Limitations on Liability. 13.1. If there is any failure or omission by the Customer to perform or procure the performance of its obligations under this Agreement, or if there is a breach by any Passenger of any of the regulations, laws, directions or conditions referred to in this Agreement, then the Customer shall indemnify and keep indemnified JetBee Czech against all claims, demands, liabilities, actions, proceedings, costs and damages of any kind whatsoever which may result from any such failure, omission, breach or other default, including but not limited to any costs incurred by JetBee Czech in returning or transporting Passengers to its origin point or any other place required by any immigration, customs or other relevant authority. 13.2. The Customer shall indemnify JetBee Czech against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by JetBee Czech and its officers, employees or subcontractors arising out of any act or omission of the Customer or its officers or employees whether arising in contract or tort (including negligence) or otherwise. 13.3. JetBee Czech and its officers, employees, sub-contractors, agents and servants who take part in the execution and performance of this Agreement or any part thereof shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May 1999 as implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States of the EU. The Customer shall indemnify JetBee Czech and its officers, employees, sub contractors, agents, servants and assigns any such costs, claims or demands resulting from any of them being charged with any higher liability than that provided for in such Convention. 13.4. If JetBee Czech has to pay any fine, penalty, fees or charges (such as detention costs) because the Customer, its servants or agents or any Passenger has failed to obey any laws or regulations, or other travel requirements of the country to which the Aircraft has flown, or to produce the necessary documentation needed by that country, the Customer will repay the amount that has been paid by JetBee Czech as a result. 13.5. JetBee Czech shall not be liable to the Customer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement. 13.6. The Customer agrees that in no event shall JetBee Czech’s total liability to the Customer under this Agreement (whether in contract, tort or otherwise) be more than the Total Price, except as otherwise required by law. 13.7. There is not implied in this Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement. 13.8. The indemnities in this Clause 13 shall survive the termination of this Agreement.
Appears in 2 contracts
Samples: General Terms and Conditions of Carriage, Aircraft Charter Agreement
Indemnity; Limitations on Liability. 13.1. 13.1 If there is any failure or omission by the Customer to perform or procure the performance of its obligations under this Agreement, or if there is a breach by any Passenger of any of the regulations, laws, directions or conditions referred to in this Agreement, then the Customer shall indemnify and keep indemnified JetBee Czech Blink against all claims, demands, liabilities, actions, proceedings, costs and damages of any kind whatsoever which may result from any such failure, omission, breach or other default, including but not limited to any costs incurred by JetBee Czech Blink in returning or transporting Passengers to its origin point or any other place required by any immigration, customs or other relevant authority.
13.2. 13.2 The Customer shall indemnify JetBee Czech Blink against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by JetBee Czech Blink and its officers, employees or subcontractors arising out of any act or omission of the Customer or its officers or employees whether arising in contract or tort (including negligence) or otherwise.
13.3. JetBee Czech 13.3 Blink and its officers, employees, sub-contractors, agents and servants who take part in the execution and performance of this Agreement or any part thereof shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May 1999 as implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States of the EU. The Customer shall indemnify JetBee Czech Blink and its officers, employees, sub contractors, agents, servants and assigns any such costs, claims or demands resulting from any of them being charged with any higher liability than that provided for in such Convention.
13.4. 13.4 If JetBee Czech Blink has to pay any fine, penalty, fees or charges (such as detention costs) because the Customer, its servants or agents or any Passenger has failed to obey any laws or regulations, or other travel requirements of the country to which the Aircraft has flown, or to produce the necessary documentation needed by that country, the Customer will repay the amount that has been paid by JetBee Czech Blink as a result.
13.5. JetBee Czech 13.5 Blink shall not be liable to the Customer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
13.6. 13.6 The Customer agrees that in no event shall JetBee CzechBlink’s total liability to the Customer under this Agreement (whether in contract, tort or otherwise) be more than the Total Price, except as otherwise required by law.
13.7. 13.7 There is not implied in this Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement.
13.8. 13.8 The indemnities in this Clause 13 shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Aircraft Charter Agreement
Indemnity; Limitations on Liability. 13.1. If there is any failure or omission by the Customer to perform or procure the performance of its obligations under this Agreement, or if there is a breach by any Passenger of any of the regulations, laws, directions or conditions referred to in this Agreement, then the Customer shall indemnify and keep indemnified JetBee Czech Jet Exchange against all claims, demands, liabilities, actions, proceedings, costs and damages of any kind whatsoever which may result from any such failure, omission, breach or other default, including but not limited to any costs incurred by JetBee Czech Jet Exchange in returning or transporting Passengers to its origin point or any other place required by any immigration, customs or other relevant authority.
13.2. The Customer shall indemnify JetBee Czech Jet Exchange against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by JetBee Czech Jet Exchange and its officers, employees or subcontractors arising out of any act or omission of the Customer or its officers or employees whether arising in contract or tort (including negligence) or otherwise.
13.3. JetBee Czech Jet Exchange and its officers, employees, sub-contractors, agents and servants who take part in the execution and performance of this Agreement or any part thereof shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May 1999 as implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States of the EU. The Customer shall indemnify JetBee Czech Jet Exchange and its officers, employees, sub contractors, agents, servants and assigns any such costs, claims or demands resulting from any of them being charged with any higher liability than that provided for in such Convention.
13.4. If JetBee Czech Jet Exchange has to pay any fine, penalty, fees or charges (such as detention costs) because the Customer, its servants or agents or any Passenger has failed to obey any laws or regulations, or other travel requirements of the country to which the Aircraft has flown, or to produce the necessary documentation needed by that country, the Customer will repay the amount that has been paid by JetBee Czech Jet Exchange as a result.
13.5. JetBee Czech Jet Exchange shall not be liable to the Customer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
13.6. The Customer agrees that in no event shall JetBee CzechJet Exchange’s total liability to the Customer under this Agreement (whether in contract, tort or otherwise) be more than the Total Price, except as otherwise required by law.
13.7. There is not implied in this Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement.
13.8. The indemnities in this Clause 13 shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Aircraft Charter Agreement
Indemnity; Limitations on Liability. 13.1. If there is any failure or omission by the Customer to perform or procure the performance of its obligations under this Agreement, or if there is a breach by any Passenger of any of the regulations, laws, directions or conditions referred to in this Agreement, then the Customer shall indemnify and keep indemnified JetBee Czech Wijet against all claims, demands, liabilities, actions, proceedings, costs and damages of any kind whatsoever which may result from any such failure, omission, breach or other default, including but not limited to any costs incurred by JetBee Czech Wijet in returning or transporting Passengers to its origin point or any other place required by any immigration, customs or other relevant authority.
13.2. The Customer shall indemnify JetBee Czech Wijet against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by JetBee Czech Wijet and its officers, employees or subcontractors arising out of any act or omission of the Customer or its officers or employees whether arising in contract or tort (including negligence) or otherwise.
13.3. JetBee Czech Wijet and its officers, employees, sub-contractors, agents and servants who take part in the execution and performance of this Agreement or any part thereof shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May 1999 as implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States of the EU. The Customer shall indemnify JetBee Czech Wijet and its officers, employees, sub sub-contractors, agents, servants and assigns any such costs, claims or demands resulting from any of them being charged with any higher liability than that provided for in such Convention.
13.4. If JetBee Czech Wijet has to pay any fine, penalty, fees or charges (such as detention costs) because the Customer, its servants or agents or any Passenger has failed to obey any laws or regulations, or other travel requirements of the country to which the Aircraft has flown, or to produce the necessary documentation needed by that country, the Customer will repay the amount that has been paid by JetBee Czech Wijet as a result.
13.5. JetBee Czech Wijet shall not be liable to the Customer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
13.6. The Customer agrees that in no event shall JetBee CzechXxxxx’s total liability to the Customer under this Agreement (whether in contract, tort or otherwise) be more than the Total Price, except as otherwise required by law.
13.7. There is not implied in this Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement.
13.8. The indemnities in this Clause 13 shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Aircraft Charter Agreement
