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1. DEFINITIONS:
In these Conditions the words this "Agreement" shall mean the
Air Broker Net Agreement, the principle terms of which are set
out herewith and of which these Conditions form part; the
"Carrier" shall mean the aircraft carrier who carries the
Client; "the Client" includes any passenger and their baggage
carried on the aircraft; "ABN" shall mean Air Broker Net,
LLC;
"Aircraft" shall mean the charter aircraft specified herein; "Schedule"
shall mean the flight or any series of flights agreed between ABN and the Client including places of departure, places of
destination, any stopping points, any departures and arrival
times and any part agreed functions; the "Charter Price" shall
mean the amount payable to ABN by the Client for services
supplied under this Agreement; "Standard Charges" shall mean the
prices offered by ABN hereto. Words and expressions defined
below shall have the same meaning in these Conditions. The
headings in this agreement are for convenience only and shall
not affect its interpretation.
2. APPLICATION:
2.1 These Conditions shall apply to and be incorporated in the
contract between ABN and the Client for the supply of the
Services and shall be in substitution for any oral arrangements
made between the Client and ABN and shall prevail over any
inconsistent terms or conditions contained in or referred to in
ABN's quotation or acceptance of order or correspondence or
elsewhere or implied by trade custom or practice or course of
dealing and no addition to or variation of or exclusion or
attempted exclusion of the order and/or these Conditions or any
of them shall be binding upon the Client unless specifically
agreed to in writing and signed by a duly authorized
representative of the Client.
3. ABN'S OBLIGATIONS:
3.1 ABN has entered into this agreement acting only to seek,
procure and co-ordinate the Schedule and shall use all
reasonable endeavors to complete in accordance with the Schedule
the journey or journeys therein specified but shall be entitled
to depart from the Schedule if in its opinion in good faith such
departure is necessary and any additional expenses (including
the fees and charges referred to herein) shall be borne by the
Client.
3.2 Air Broker Net, LLC is not an air carrier nor does
it own any aircraft. Air Broker Net, LLC does not have authority from
the DOT, FAA or any other government agency to operate any
aircraft, nor is Air Broker Net, LLC engaged in the business of
maintaining, owning, repairing, or evaluating the physical
condition of any aircraft. Air Broker Net, LLC is solely in the
business of brokering aircraft on behalf of our clients. Air
Broker Net, LLC is a buyer's representative/agent.
3.3 ABN shall not accept and hereby excludes any
and all liability whatsoever for wounding bodily injury or delay
of the Client or for loss, delay of or damage to their baggage
or of loss, delay of or damage to cargo whether or not
occasioned by the negligence of ABN, its employees servants or
agents. ABN takes no responsibility whatsoever for any costs
arising after the arrival, scheduled or delayed, at the
destination.
4. NON PERFORMANCE DELAY VARIATIONS AND
DIVERSIONS:
4.1 In the event of non-performance, partial performance or
delay resulting wholly or partly from any Force Majeure or
occurrence or any circumstances whatever beyond ABN's control,
ABN shall use reasonable endeavors to perform or continue the
Schedule but otherwise shall have no liability to the Client.
The Carrier may cancel or delay the charter flight(s) under this
Agreement without being liable to pay any cancellation fee or
compensation whatsoever in the event that the charter flight(s)
cannot be performed or completed due to any cause beyond the
control of the Carrier, including - but not limited to -
strikes, lock-out, civil commotion, war or warlike operations or
imminence thereof, riots, civil war, blockade, embargo, act or
omissions of governmental authorities including all civil
aviation authorities, acts of God, fire, flood, fog, frost ice,
storms, epidemics, quarantine, hijacking, requisition of
aircraft by Public Authorities, breakdown or accident to
aircraft, or if the safety of passengers and/ or property is
deemed by the aircraft commander or the Carrier's operational
supervisors to be in jeopardy. In case of such cancellations the
Carrier shall be under no obligation or liability to the client
beyond refund of the agreed charter price for such cancelled
flight(s), or in case of cancellation of part of a charter
flight such part of the charter price relating to the cancelled
part of the flight.
4.2 If ABN is unable to resume performance within
a reasonable time after the due date ABN may cancel this
Agreement by notice in writing to the Client and shall be under
no liability whatsoever to the Client in respect of such
cancellation.
4.3 ABN shall be entitled, without giving a
reason, to substitute another aircraft for the Aircraft
specified herein. In the event of the Aircraft specified
becoming unserviceable, ABN shall be entitled but shall not be
obliged to substitute another for that specified.
4.4 If for any reason the Aircraft is diverted
from any airfield of destination shown in the Schedule to
another airfield the journey to the said airfield of destination
shall be deemed to be complete when the Aircraft arrives at the
other airfield.
4.5 The Schedule issued by ABN is an approximate
estimation only and is not guaranteed by ABN who shall at any
time be entitled to deviate from the Schedule if in its opinion
such deviation is advisable or necessary.
4.6 The commander of the Aircraft shall have
complete discretion concerning what load may safely be carried
and its distribution and as to whether or not the charter flight[s]
shall be undertaken and as to where landing shall be made and on
all other matters concerning the operation of the Aircraft and
the Client shall accept all such decisions of the commander as
final and binding. The commander of the Aircraft shall have
absolute discretion to refuse to carry any passengers any
baggage and any cargo or any part thereof. ABN shall not be
liable for any loss, damage, cost or claim of whatever nature
arising from any such decision taken for reasons of safety.
4.7 ABN is not a common carrier or air charter
company and does not accept the obligations of a "common carrier
or air charter company" nor is there implied in this Agreement
any warranty concerning the aircraft, service or its fitness for
any carriage. ABN is
not liable for loss or damage resulting from the inherent
defect, quality or vice of the cargo carried.
4.8 If the performance of the Schedule is
prevented or delayed by any act or omission of the Client or
anyone in its control or acting on its behalf including any
delay caused by the late arrival of the Client's luggage the
Client will be liable to ABN for any additional costs incurred
either by ABN or their agents. In the event of cancellation the
Client shall be liable for cancellation charges as provided in
Condition 8, as if notice of cancellation had been received.
5. CLIENT'S OBLIGATIONS:
5.1 The Client hereby indemnifies ABN against all claims and
expenses (including all legal costs) in respect of any liability
to third persons for any damage whatsoever arising out of
wrongful act or omission of the Client, its servants or agents
and for any claim for damages or fines imposed arising out of
any breach by the Client of the terms hereof.
5.2 Deviation from any of the terms set out in
this Agreement hereto through the action of or at the request of
the Client may involve alterations to the Charter Price.
5.3 The Client shall pay to ABN for all time
spent loading or unloading the Aircraft in excess of the
appropriate lay time. The Client will hold ABN indemnified from
any claims by passengers, consignors or other persons having
contracts with the Client or in whose behalf it has acted should
claims arise from cancellation by the Client.
5.4 If at the request of the Client, the Aircraft
is used by the Client for any charter flight(s) other than those set out
hereto the Client shall pay to ABN in respect of each such
flight(s) a sum calculated on an hourly basis at the Standard
Charges rate, which sum shall be notified by a duly authorized
officer or employee of ABN and shall thereupon become due and
payable together with all fees and charges imposed by law in
respect of each such flight(s) including without prejudice to
the generality of the foregoing landing fees garage fees parking
fees air navigation fees ground service and handling fees
customs fees airport surcharges accommodation meals and
refreshment charges and all pilot and crew expenses thereby
incurred.
5.5 The Client shall give ABN in good time on
arrival at the check in point or as otherwise specified by ABN
all information and assistance necessary to enable ABN to
complete all necessary Client tickets baggage checks and airway
bills and shall distribute tickets and baggage checks to the
Client if required by ABN.
5.6 If the scheduled departure is delayed by the
Client, passengers or shippers and notice is given immediately
to ABN. ABN shall use reasonable endeavors to perform and
continue the Schedule without additional charges for the first
half an hour, after that a charge will be accrued and the
Carrier is entitled to demurrage per running hour, or pro rata
for part of an hour, at a rate of USD 500 or otherwise agreed.
Further the Carrier shall have the option of canceling the
charter without refund of any part of the charter price, and
without prejudice to his right to demurrage accrued after the
aircraft has been on demurrage for six hours.
6. INTERNATIONAL CARRIAGE:
6.1 The present Air Charter Agreement shall be subject to the
provisions of the Warsaw Convention dated October 12, 1929, as
amended by the Hague Protocol dated September 28, 1955, as
implemented in chapter 9 of the Swedish Aviation Act dated June
6, 1957, concerning air transportation of passenger, baggage and
cargo, and/or by any other Treaty applicable to such carriage
insofar as such carriage is "intentional carriage" as defined in
the above Conventions and is governed thereby Carriage hereunder
which is not governed by Warsaw Convention shall be subject to
all applicable laws which extend provisions of the convention to
such carriage or which otherwise limit ABN 's liability.
6.2 The Client warrants that all necessary
Passports, Visas, Health and Other Certificates necessary to
secure transit through any intermediate points and entry into
the Country of destination of the flight(s) will be held and in
the event of the appropriate Immigration Authorities refusing
entry to any Client in circumstances where the carrier is
required to transport such Client to the point of origin of the
charter flight(s) or to any other point, then the cost of doing so shall
be repayable by the Client to ABN upon demand.
6.3 The Client undertakes that their baggage will
not contain anything of a dangerous, hazardous or offensive
nature or of which the carriage, importation or exportation is
prohibited by any Country or State which has to be crossed or
entered. The Client shall also ensure the possession of all
documents enabling them to comply with all Customs, Police,
Public Health and other regulations which are applicable in the
United States and countries in which landings are made both in
respect of themselves and their baggage and to be responsible
for the payment of all dues or charges in connection with them.
6.4 Insurance: The Carrier shall at its sole
costs and expense, maintain, or cause to have maintained in full
force and effect Aircraft, Passenger, Baggage and Cargo Damage
Liability Insurance covering the aggregate liability assumed by
the Carrier according to 6.1 above. ABN should not be held
responsible as a client representative.
7. PRICE AND PAYMENT:
7.1 Time for payment of ABN by the Client is to be of the
essence and subject to any special terms agreed. The Client
shall pay ABN's Standard Charges and any additional sums which
ABN have incurred for any of the reasons mentioned in this
Agreement or otherwise reasonably incurred by ABN in the
performance of this Agreement (together with any applicable
Value Added Tax, and without any set-off or other deduction)
prior to the Scheduled departure or upon such terms as shall be
agreed between the parties from time to time.
7.1.2.
The price has been fixed on basis of the current
local taxes and other public fees and fuel price of the date of
present agreement. The carrier reserves the right to adjust the
charter price in the event of governmental authorities imposing
new taxes or fees and/ or increasing existing taxes and fees
directly connected with the flight transportation and for
changes in the fuel price implemented after the date of issue of
the agreement.
The carrier reserves the right to adjust the charter price due
to any change of rate of exchange from the date of signature
until the completion of the air charter agreement. If agreement
cannot be achieved as to adjustment of the charter price, the
Carrier shall have the option to cancel the air charter
agreement without compensation. Payment must be made in
conformity with the rules and regulations of all governments
concerned and must be accompanied by authorization necessary for
conversion and transfer of such currencies as may be required by
the charter. Any refund by the carrier under this air charter
agreement shall be made in the currency and at the place where
the payment was originally made by the costumer.
7.2 If ABN requires a deposit or payment in
advance on account such payment shall be made on demand.
7.3 If payment is not made on the due date, ABN
shall be entitled, without limiting any other rights it may
have, to charge interest on the outstanding amount (both before
and after any judgment) at the rate of 4 % above the base rate
set from time to time by the current bank from the due date
until the outstanding amount is paid in full.
7.4 The Client shall pay to ABN the Air Charter Price
in American Dollars unless otherwise agreed in writing.
7.5 Unless expressly included the price does not
include:
7.5.1 Any taxes levies or charges assessed or imposed by any
taxing authority, airport or air navigation authority on or in
connection with the performance of the Schedule.
7.5.2 The cost of any licenses or authorizations specifically
required for the Schedule.
7.5.3 Any charges connected with airport Client charges.
7.5.4 Any airport security charges.
7.5.5 Any meals or catering charges.
7.5.6 Any ground transportation.
8. TERMINATION:
8.1 Either party may terminate the Air Charter Agreement by
written notice to the other at any time before the time
specified for commencement of the Schedule.
8.2 In the event of any breach by the Client of
any provisions of this Agreement, or if the Client becomes
insolvent or bankrupt or commits any act of bankruptcy or enters
into agreement with his creditors or if being a company it goes
into liquidation (except for the purpose of reconstruction or
amalgamation), ABN shall have the right immediately to cancel
this Agreement and, in the event that the charter flight(s) has
commenced, to terminate such flight(s) without liability to the
Client, to retain all such monies as have been paid by the
Client and to demand all other monies due under the terms of the
Agreement, regardless of cancellation.
8.3 Neither the payment of the Charter Price nor
the termination of the Agreement for any of the aforesaid reason
shall affect ABN's right to recover damages from the Client.
8.4 This agreement may be terminated and
cancelled forthwith by the Carrier by notice to the client
without any compensation;
8.4.1 if the Client commits any breach of this Charter
Agreement.
8.4.2 if the Client suspends payment or goes bankrupt (or goes
into liquidation) or commits an act of bankruptcy or enters into
an Agreement with his creditors.
8.4.3 If the Client cancels more than two flights in a series of
flights, the Carrier is entitled to cancel the remaining flights
in this series without being liable to pay any cancellation fee
or compensation whatsoever, provided that the Carrier makes use
of this right of cancellation within seven days after
receipt of the Client's notice of cancellation of any third or
more flights.
8.5 The Client shall indemnify the Carrier for
all claims whatsoever put forward by passengers, shippers or
other persons in connection with cancellation on the part of
either the client or the Carrier.
8.6 The Client shall be liable to pay
cancellation charges as if notice of cancellation had been
received on the date of termination together with such part of
the Charter Price as is referable to any part of the Schedule
which has been performed and all expenses whatever connected
with it.
8.7 If the Client terminates pursuant to
Condition 8 the Client shall be liable to pay a cancellation
charge by way of liquidated damages as follows unless otherwise
stipulated on the Charter Agreement:
8.7.1 If notice is received more than 7 days before the
scheduled departure time 10% of the Charter Price;
8.7.2 If notice is received less than 7 days but more than 48
hours before the scheduled departure time 25% of the
Charter Price;
8.7.3 If notice is received less than 48 hours but more than
24 hours before the scheduled departure time 50% of
the Charter Price;
8.7.4 On the day of the charter or if no notice is received, the
client is solely responsible to pay the total Air Charter price
or on the Carriers discretion, all costs associated with the
positioning of the Aircraft.
9. UTILIZATION OF THE AIRCRAFT/CHARTER FLIGHT:
9.1 The Client is not entitled to assign his rights or sublet
under the Agreement, partly or in full, without the express
permission in writing of the Carrier.
9.2 The Carrier or/and ABN is entitled to utilize
any unused part of the chartered space and/or payload without
any refund to the Client.
9.3 All empty leg flights stipulated in the
present Agreement as well as all empty leg flights in connection
with performance of the flight(s) agreed upon in this Agreement
are at the exclusive disposal of the Carrier and/or ABN.
10. GENERAL:
10.1 The failure to exercise or delay in the exercising a right
or remedy under this contract, shall not constitute a waiver of
the right or remedy, or a waiver of any other rights or remedies
and no single or partial exercise of any right or remedy under
this contract shall prevent any further exercise of the right or
remedy.
10.2 The Client shall not be entitled to assign
the benefit of this Agreement to any other person without the
consent in writing of ABN, but ABN may procure the various
performances of their obligations hereunder by some other
person.
10.3 You further agree that you shall not, nor
shall you it permit your agents, employees, guests or passengers
to engage in any act or possess any substance, or its cargo to
possess any substance, which might result in the seizure or
forfeiture of the aircraft used in this charter. Customer shall
be responsible for all damages incurred due to breach of this
paragraph.
10.4 You further agree that you shall not, nor
shall you permit your agents, employees, guests or passengers to
engage in any act, either intentional or through negligence,
that would result in damage to chartered aircraft. Should damage
occur to aircraft because of said actions, Customer shall be
responsible for reimbursement of repair costs for all damages
incurred due to breach of this paragraph.
10.5 THIS WEBSITE PUBLICATION IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
10.6 All content of this Internet site is owned
and controlled by Air Broker Net and is protected by worldwide
copyright laws. You may download content only for your personal
use for non-commercial purposes. You may not reproduce or modify
the content. Photographs contained on this web site are the
property of individual Aircraft Owners and Operators. No
permission is granted with respect to use of those intellectual
property rights.
10.7 This agreement shall be construed and take
effect according to U.S. Law and any dispute arising between the
parties shall be adjudicated in the U.S. court system.
Please feel free to
Contact Air Broker Net for an Air
Charter Quote,
or if you have any questions or need additional information.
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ABN
(Air Broker Net LLC, your air charter flight specialist)
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