PILOT INDEMNITY.
14.1 The Company indemnifies and will keep each pilot indemnified against all claims and demands whether made during or after the period of the pilot's employment by any other employee of the Company, by any passenger on any aircraft operated by the Company or by any other person whatsoever (and including in each case any claim or demand by the legal personal representative of any such person) for any loss, damage or expense incurred or suffered by any such person as a result of.
(a) the loss of or any damage to any property of any person (whether or not the person making the claim):
(b) the death of or any injury to any person (whether or not the person making the claim); caused or contributed to by any act or omission of the pilot while engaged in the performance of the duties of the pilot's employment.
14.2 The Company releases and discharges each pilot from all claims and demands the Company may have whether during or after the period of the pilot's employment for any loss, damage or expense incurred or suffered and any other sum otherwise payable by the Company as a result of:
(a) the loss of or any damage to any property of the Company; or
(b) any claim made or proceedings brought against the pilot or the Company of the kind described in clause 14.1; caused or contributed to by any act or omission of the pilot while engaged in the performance of the duties of the pilot's employment.
14.3 The releases and indemnity given by the Company to each pilot under clauses 14.1 and 14.2 do not extend to any claim arising from the loss of or damage to any property or the death of or injury to any person caused wilfully by the pilot unless necessitated by circumstances reasonably beyond the control of the pilot.
14.4 The benefit of the releases and indemnity given by the Company to each pilot under clauses 14.1 and 14.2 extends to the legal personal representative of the pilot and each beneficiary of the pilot's estate.
PILOT INDEMNITY. Except in the case of a fraud, a pilot shall not be required to pay for damage or loss of aircraft or equipment used in the service nor shall any lien or other claim be made by the RFDS upon the pilot's estate. Any claim by any member of the public, passenger or other person upon the pilot's estate as a result of any accident or happening caused by the pilot when duly performing his/her nominated duty whether efficiently or, as may be subsequently determined, negligently shall be accepted as claim against the RFDS and the RFDS shall be solely responsible for all claims and costs as a result of operations by or travel in RFDS aircraft or aircraft chartered and operated by the RFDS.
PILOT INDEMNITY. 19.1 In the event of any person (including the Company) making any claim against a Pilot or the estate or any other legal personal representative of a Pilot (hereinafter collectively referred to as the 'Pilot') in respect of personal injury, property damage, economic loss, or any other infringement of any right or any other loss or damage whatsoever, which injury, infringement, loss or damage is alleged to have occurred or have been suffered or incurred as a result of any act, event or omission or any other cause whatsoever occurring during the course of, or arising out, of or in any manner connected with, the Pilot's employment (and whether or not the act, event or omission or other cause was negligent or criminal or constituted some infringement or breach of either the terms of the Pilot's employment or some rule or regulation or law pertaining thereto or otherwise applying to the Pilot in connection with their employment) the Company shall:
PILOT INDEMNITY. 46.1 The Company will, to the extent permitted by law, indemnify and release Pilots from all claims and demands made against them (whether made during or after the period of the Pilot’s employment) by any person including by the Company, other Pilots, passengers and/or their legal personal representatives:
(a) Where the claim or demand is made as a result of injury or loss to a person or property that is caused or contributed to by a Pilot (whether by negligence or any other act or omission) in performing their duties in the course of employment
(b) Except where such injury or loss was caused wilfully by the Pilot, unless the injury was beyond the Pilot’s control.
46.2 In addition, in applying this clause 46, the Company will:
(a) To the extent permitted by law, provide legal counsel and defend Pilots and their estates in any legal actions arising in connection with the performance of the Pilot’s duties, and indemnify them and hold them harmless from any judgement rendered there under; and
(b) When required to act as a witness for another Pilot, give them a reasonable period free of duty to prepare and appear as a witness, subject to company operational requirements. Pilots will continue to receive fixed annual remuneration during this time and the day will be treated as an administration day. Where a Pilot is required to travel away from their home base to attend hearings, they will also be provided with travel, accommodation and allowances.
PILOT INDEMNITY. 6.3.1 Virgin Blue shall, to the extent permitted by law, indemnify and release a pilot against all claims and demands made against the pilot by any person including by Virgin Blue, Virgin Blue employees, passengers and or legal personal representatives.
(a) where the claim or demand is made as a result of injury or loss to a person or property as a result of a pilot's negligence in performing his/her duties in the course of his/her employment,
(b) except where such injury or loss was caused wilfully by the pilot, unless the injury or loss was beyond the pilot's control.
6.3.2 In addition, Virgin Blue in applying this clause will:
(a) to the extent permitted by law, provide legal counsel and defend a pilot and his/her estate in any legal actions arising in connection with the performance of their duties, and indemnify them and hold them harmless from any judgment rendered there under; and
(b) when a pilot is required to act as a witness for another pilot, give that pilot a reasonable period free of duty to prepare and appear as a witness, subject to Virgin Blue's operational requirements. Pilots appearing as witnesses will receive their annual salary. Where a pilot is required to fly interstate to attend hearings, travel will be provided by Virgin Blue.
PILOT INDEMNITY. A pilot will not be required to pay for damage or loss of aircraft or equipment used in the Company’s services, nor will any lien or other claim be made by the Company upon the pilot or the pilot’s estate. Any claim made by any member of the public, passenger or other person upon the pilot or the pilot’s estate as a result of any accident or happening caused by the pilot when duly performing his or her nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the Company. The Company will be solely responsible for all claims as a result of operations by or travel in the Company’s aircraft. The indemnities provided by this clause will not operate where it can be established that the pilot wilfully caused the injury, loss or damage or committed a criminal or quasi criminal act or where such indemnity would be illegal under the relevant State laws except that the Company will provide legal support to a pilot who is incarcerated or charged with a criminal offence as a direct result of overseas duty carried out at the Company’s direction.
PILOT INDEMNITY. A pilot will not be required to pay for damage or loss of aircraft or equipment used in the service nor will any lien or other claim be made by the Company upon the pilot’s estate. Any claim made by any member of the public, passenger or other person upon the pilot’s estate as a result of any accident or happening caused by the pilot when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the Company. The Company will be solely responsible for all claims as a result of operations by or travel in their aircraft. The foregoing will not apply to a pilot who knowingly performs their nominated duty in a manner contrary to law or the Company’s policy.
PILOT INDEMNITY. A. A pilot will not be required to pay for damage or loss of aircraft or equipment used in the service nor will any lien or other claim be made by MacAir upon the pilot's estate. Any claim made by any member of the public, passenger or other person upon the pilot's estate as a result of any accident or happening caused by the pilot when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against XxxXxx. XxxXxx will be solely responsible for all claims as a result of operations by or travel in their aircraft. The foregoing will not apply to a pilot who knowingly performs their nominated duty in a manner contrary to law or XxxXxx’s policy.
B. Pilots involved in an accident or incident have the right of a nominated representative to be present during the enquiry.
PILOT INDEMNITY. If legal proceedings are taken against a pilot for consequences arising from the performance of the pilot's duties, the Company shall select and pay for legal counsel and defend the pilot and his or her estate. In addition, the Company shall hold the pilot free and blameless from any civil claims adjudged against the pilot.
