Common use of OBLIGATIONS OF THE CHARTERER Clause in Contracts

OBLIGATIONS OF THE CHARTERER. 7.1 The Charterer shall comply with all the requirements of the Agent in relation to the performance of all of the Charterer's obligations as set out in this Agreement. 7.2 The Charterer shall hold harmless and indemnify the Agent from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Charterer in complying with any of the provisions of this Agreement. 7.3 The Charterer shall be responsible for the issue and delivery of all air waybills and other necessary documents to all consignors of the Cargo. 7.4 The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights. 7.5 The Charterer shall comply and will procure compliance on the part of all owners or other persons interested in the Cargo with all applicable laws, customs and other government regulations of any country to, from or over which the Cargo may be carried including those relating to the packaging, carriage or delivery of the Cargo and shall furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. 7.6 The Carrier and the Agent shall be under no liability whatsoever to the Charterer or to any other person for loss or expense due to the Charterer's failure to comply with the provisions of Clauses 7.4 and/or 7.5 hereof. The Charterer shall be liable to the Carrier and the Agent for any damage suffered by the Carrier and/or the Agent occasioned by the failure of the Charterer to comply with these provisions. 7.7 The Carrier and the Agent shall not be liable for the refusal by the Carrier to carry any Cargo if the Carrier reasonably determines in good faith that such a refusal is required by any applicable law, government regulation, demand, order or requirement. 7.8 The Charterer shall be solely responsible for the correctness of the particulars and statements relating to the Cargo in any shipping documents and the Charterer shall indemnify and keep indemnified the Carrier and the Agent against all damage suffered by the Carrier or, by any other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of any particulars and statements in any shipping documents relating to the Cargo. 7.9 The indemnities contained in this Clause 7 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Cargo Aircraft Charter Agreement

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OBLIGATIONS OF THE CHARTERER. 7.1 The Charterer shall comply with all the requirements of the Agent Sirio in relation to the performance of all of the Charterer's ’s obligations as set out in this Agreement. 7.2 . The Charterer shall hold harmless and indemnify the Agent from Sirio, its Affiliates, directors, officers, employees and agents against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from the default of the Charterer or any default on the part passenger, or guest of the Charterer in complying with any of the provisions provision of this Agreement. 7.3 The Charterer shall be responsible for the issue and delivery of all air waybills and other necessary documents to all consignors of the Cargo. 7.4 The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights. 7.5 . The Charterer shall comply and will procure compliance on shall ensure that all of the part of all owners or other persons interested in the Cargo Charterer’s passengers, their baggage and any cargo, shall comply with all applicable laws, customs regulations and rules in the United Kingdom and/or any other government regulations of any country state to, from or over which the Cargo may be carried including those relating Aircraft is operated. The Charterer shall ensure that each passenger will hold all necessary passports, visas, health and other certificates and permits to secure such passenger’s secure transit through any intermediate points and/or entry into the place of destination and in the event that transit and/or entry is refused to any passenger in circumstances where Xxxxx is obliged to carry such passenger to the packaging, carriage or delivery point of the Cargo and shall furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. 7.6 The Carrier and the Agent shall be under no liability whatsoever to the Charterer origin or to any other person for loss or expense due point, the cost of so doing shall be paid by the Charterer to Sirio prior to departure. The Charterer must provide to Sirio at least 24 hours prior to the Charterer's failure Charter information, if requested, in respect of it and its passengers to comply with allow flight documentation to be prepared and issued by Sirio and to enable Sirio to provide to any government authority information requested by such government authority about any passenger(s) in advance of any Flight. Such information may include, but not be limited to, name, passport number and expiry date, nationality, date of birth and visa information. The captain of the provisions Aircraft shall have absolute discretion concerning the preparation of Clauses 7.4 and/or 7.5 hereofthe Aircraft for flight, whether or not a Flight should be undertaken or abandoned once undertaken and as to any deviation from the proposed route, where landing(s) shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall and shall procure that its passengers shall accept all such decisions of the captain as final and binding. The Charterer shall be liable to the Carrier and the Agent responsible for any damage suffered failure by the Carrier and/or the Agent occasioned by the failure of the Charterer any passenger(s) to comply with these provisions. 7.7 The Carrier and the Agent shall not be liable for the refusal by the Carrier to carry any Cargo if the Carrier reasonably determines in good faith that such a refusal is required by any applicable law, government regulation, demand, order lawful instruction or requirement. 7.8 The Charterer shall be solely responsible for the correctness decision of the particulars and statements relating to the Cargo in any shipping documents and the Charterer shall indemnify and keep indemnified the Carrier and the Agent against all damage suffered by the Carrier or, by any other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of any particulars and statements in any shipping documents relating to the Cargocaptain. 7.9 The indemnities contained in this Clause 7 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Charter Agreement

OBLIGATIONS OF THE CHARTERER. 7.1 3.1 The Charterer shall comply with all the requirements of the Agent FXAIR in relation to the performance of all of the Charterer's ’s obligations as set out in this Agreement. 7.2 3.2 The Charterer shall hold harmless and indemnify the Agent from FXAIR, its Affiliates, directors, officers, employees and agents against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from the intentional default of the Charterer or any default on the part passenger, or guest of the Charterer in complying with any of the provisions provision of this Agreement. 7.3 The Charterer shall be responsible for the issue and delivery of all air waybills and other necessary documents to all consignors of the Cargo. 7.4 The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights. 7.5 3.3 The Charterer shall comply and will procure compliance on shall ensure that all of the part of all owners or other persons interested in the Cargo Charterer’s passengers, their baggage and any cargo, shall comply with all applicable laws, customs regulations and rules in the United Kingdom and/or any other government regulations of any country state to, from or over which the Cargo may be carried including those relating Aircraft is operated. The Charterer shall ensure that each passenger will hold all necessary passports, visas, health and other certificates and permits to secure such passenger’s secure transit through any intermediate points and/or entry into the place of destination and in the event that transit and/or entry is refused to any passenger in circumstances where FXAIR is obliged to carry such passenger to the packaging, carriage or delivery point of the Cargo and shall furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. 7.6 The Carrier and the Agent shall be under no liability whatsoever to the Charterer origin or to any other person for loss or expense due point, the cost of so doing shall be paid by the Charterer to FXAIR prior to departure. 3.4 The Charterer must provide to FXAIR at least 24 hours prior to the Charterer's failure Charter information, if requested, in respect of it and its passengers to comply with allow flight documentation to be prepared and issued by FXAIR and to enable FXAIR to provide to any government authority information requested by such government authority about any passenger(s) in advance of any Flight. Such information may include, but not be limited to, name, passport number and expiry date, nationality, date of birth and visa information. 3.5 The captain of the provisions Aircraft shall have absolute discretion concerning the preparation of Clauses 7.4 and/or 7.5 hereofthe Aircraft for flight, whether or not a Flight should be undertaken or abandoned once undertaken and as to any deviation from the proposed route, where landing(s) shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall and shall procure that its passengers shall accept all such decisions of the captain as final and binding. The Charterer shall be liable to the Carrier and the Agent responsible for any damage suffered failure by the Carrier and/or the Agent occasioned by the failure of the Charterer any passenger(s) to comply with these provisions. 7.7 The Carrier and the Agent shall not be liable for the refusal by the Carrier to carry any Cargo if the Carrier reasonably determines in good faith that such a refusal is required by any applicable law, government regulation, demand, order lawful instruction or requirement. 7.8 The Charterer shall be solely responsible for the correctness decision of the particulars and statements relating to the Cargo in any shipping documents and the Charterer shall indemnify and keep indemnified the Carrier and the Agent against all damage suffered by the Carrier or, by any other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of any particulars and statements in any shipping documents relating to the Cargocaptain. 7.9 The indemnities contained in this Clause 7 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Charter Agreement

OBLIGATIONS OF THE CHARTERER. 7.1 The Charterer shall comply with all the requirements of the Agent in relation to the performance of all of the Charterer's obligations as set out in this Agreement. 7.2 6.1. The Charterer shall hold harmless and indemnify the Agent Carrier from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Charterer Charterer, any sub-charterer, or any passenger in complying with any of the provisions of this AgreementAgreement or the Carrier’s conditions of carriage. 7.3 The Charterer shall be responsible for the issue and delivery of all air waybills and other necessary documents to all consignors of the Cargo. 7.4 6.2. The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights. 7.5 The Charterer shall comply Flights and will procure such compliance on the part of all owners or other persons interested in the Cargo its passengers. The Charterer shall ensure that, where required, Flights are covered by an appropriate UK CAA ATOL. 6.3. The Charterer shall comply and shall procure that all its passengers shall comply with all applicable lawscustoms, customs police, public health, immigration and other government regulations lawful regulation of the United Kingdom and any country Government Entity in any state to, /from or over which the Cargo Aircraft is or may be carried including those relating to the packaging, carriage or delivery of the Cargo and shall furnish such information and deliver such documents as may be necessary to comply with such laws and regulationsflown. 7.6 The Carrier and the Agent shall be under no liability whatsoever to the Charterer or to any other person for loss or expense due to the Charterer's failure to comply with the provisions of Clauses 7.4 and/or 7.5 hereof6.4. The Charterer shall be liable to not pledge the Aircraft or the credit of the Carrier and the Agent for any damage suffered by purpose, or allow any security interest to be created over the Aircraft, or do anything that renders the Aircraft subject to penalty or confiscation. 6.5. The Charterer shall provide such equipment and material for the packing and securing of items to be carried in the Aircraft as the Carrier and/or or the Agent occasioned by captain of the failure Aircraft may reasonably require. 6.6. In the event that it is necessary in the reasonable opinion of the captain of the Aircraft or the Carrier for the Aircraft to be diverted in flight or delayed because of: (a) any act or omission of the Charterer or any passenger; (b) the need to comply with these provisionsremove any passenger for a reason set out in Clause 3.6 above; (c) a decision by any Government Entity; (d) a decision by the captain of the Aircraft under Clause 3.2; or (e) a Force Majeure Event beyond the control of the Carrier, then the Charterer shall indemnify the Carrier against any losses which the Carrier may incur as a result thereof. 7.7 6.7. The Carrier Charterer shall ensure that no passenger’s baggage to be carried on the Aircraft shall contain: (a) items that are likely to endanger the Aircraft or persons or property on board the Aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the Agent shall not International Air Transport Association (IATA) Dangerous Goods Regulations; (b) items the carriage of which is prohibited by applicable laws, regulations or orders of any state or country to be liable for the refusal flown from, to, or over; (c) items which are considered by the Carrier to carry any Cargo if the Carrier reasonably determines in good faith that such a refusal is required by any applicable lawbe unsuitable for carriage because they are dangerous or because of their weight, government regulationsize, demandshape or character or which are fragile or perishable; or (d) animals, order or requirementincluding birds and reptiles (unless specifically agreed). 7.8 The Charterer shall be solely responsible for the correctness of the particulars and statements relating to the Cargo in any shipping documents and the Charterer shall indemnify and keep indemnified the Carrier and the Agent against all damage suffered by the Carrier or, by any other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of any particulars and statements in any shipping documents relating to the Cargo. 7.9 The indemnities contained in this Clause 7 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Aircraft Charter Agreement

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OBLIGATIONS OF THE CHARTERER. 7.1 The Charterer shall comply with all the requirements of the Agent FlairJet in relation to the performance of all of the Charterer's ’s obligations as set out in this Agreement. 7.2 . The Charterer shall hold harmless and indemnify the Agent from FlairJet, its Affiliates, directors, officers, employees and agents against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from the default of the Charterer or any default on the part passenger, or guest of the Charterer in complying with any of the provisions provision of this Agreement. 7.3 The Charterer shall be responsible for the issue and delivery of all air waybills and other necessary documents to all consignors of the Cargo. 7.4 The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights. 7.5 . The Charterer shall comply and will procure compliance on shall ensure that all of the part of all owners or other persons interested in the Cargo Charterer’s passengers, their baggage and any cargo, shall comply with all applicable laws, customs regulations and rules in the United Kingdom and/or any other government regulations of any country state to, from or over which the Cargo may be carried including those relating Aircraft is operated. The Charterer shall ensure that each passenger will hold all necessary passports, visas, health and other certificates and permits to secure such passenger’s secure transit through any intermediate points and/or entry into the place of destination and in the event that transit and/or entry is refused to any passenger in circumstances where FlairJet is obliged to carry such passenger to the packaging, carriage or delivery point of the Cargo and shall furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. 7.6 The Carrier and the Agent shall be under no liability whatsoever to the Charterer origin or to any other person for loss or expense due point, the cost of so doing shall be paid by the Charterer to FlairJet prior to departure. The Charterer must provide to FlairJet at least 24 hours prior to the Charterer's failure Charter information, if requested, in respect of it and its passengers to comply with allow flight documentation to be prepared and issued by FlairJet and to enable FlairJet to provide to any government authority information requested by such government authority about any passenger(s) in advance of any Flight. Such information may include, but not be limited to, name, passport number and expiry date, nationality, date of birth and visa information. The captain of the provisions Aircraft shall have absolute discretion concerning the preparation of Clauses 7.4 and/or 7.5 hereofthe Aircraft for flight, whether or not a Flight should be undertaken or abandoned once undertaken and as to any deviation from the proposed route, where landing(s) shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall and shall procure that its passengers shall accept all such decisions of the captain as final and binding. The Charterer shall be liable to the Carrier and the Agent responsible for any damage suffered failure by the Carrier and/or the Agent occasioned by the failure of the Charterer any passenger(s) to comply with these provisions. 7.7 The Carrier and the Agent shall not be liable for the refusal by the Carrier to carry any Cargo if the Carrier reasonably determines in good faith that such a refusal is required by any applicable law, government regulation, demand, order lawful instruction or requirement. 7.8 The Charterer shall be solely responsible for the correctness decision of the particulars and statements relating to the Cargo in any shipping documents and the Charterer shall indemnify and keep indemnified the Carrier and the Agent against all damage suffered by the Carrier or, by any other person to whom the Carrier is liable, by reason of the irregularity, incorrectness or incompleteness of any particulars and statements in any shipping documents relating to the Cargocaptain. 7.9 The indemnities contained in this Clause 7 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Charter Agreement

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