TERMS AND CONDITIONS
The Supplier shall make available to the Charterer the Aircraft as specified in the Schedule below and the Charterer shall take the Aircraft on charter from the Supplier upon the terms and conditions set out in the Schedule below and subject to the terms and conditions set out in the General Conditions attached to and forming part of this Agreement.
1. Basic Agreement. Client and Island Wings Air Charter agree that the following terms and conditions shall apply to all charters from the point at which Island Wings Air Charter has received Client’s passengers for transport until the aircraft reaches the final destination, except as otherwise noted herein or specifically modified on the applicable quote sheet, with these Master Terms and Conditions, together with the applicable quote sheet, constituting an “Air Charter Agreement” or “Agreement.”
2. Non-Payment: If for any reason payment of the Charter Price or any instalment thereof shall not be made on the due date then the Charterer shall pay to the Supplier interest on the amount unpaid at the rate of 8 % per annum above the base rate for the time being of Barclays Banks Plc calculated on a daily basis from the due date until the date of payment (both before and after judgment), compounded monthly
3. Restricted Activities: Island Wings Air Charter’s Right of Refusal to Conduct Flight. All aircraft are restricted from the following activities: Smoking of tobacco or other similar products of any kind.
4. Charter Price, Charges and Related Provisions.
A. Booking. For each separate flight or series of flights to be completed under this Agreement, Client will sign and date the quote sheet where indicated. Fax the completed form to 954-641-5996 or email to info@flyislandwings.com Full payment of the quoted price must be received by Island Wings Air Charter prior to dispatching the aircraft.
B. Price. Client shall pay Island Wings Air Charter the minimum of the “Grand Total” charter price set forth on the face of the quote sheet plus any additional billing per this Agreement, which shall be deemed irrevocably earned unless transportation hereunder is canceled, in which event the provisions of subsection 4.D., below, shall apply. The price is based on the planned itinerary and anticipated charges. Price includes estimated charges and taxes for the flight itinerary listed above. Additional flight time charges may be incurred in the event of weather avoidance, holding, and ATC routing changes. A two hour minimum flight charge per day applies to all trips per subsection 2.D. Quote does not include afterhours airport operation fees, parking fees, aircraft de-icing or hangarrelated expenses due to ice or inclement weather, catering, flight phone, customer special requests, or itinerary change. Should any part of this itinerary change the trip may be re-quoted. Certain 3rd party charges may incur a 10% service fee. Additional charges may not be included with original invoice and may be billed at a later time.
C. Flight Minimums. There is a minimum flight hour charge of 2 hours average per calendar day. For example, if a five-day trip involves only eight hours of flying, then the minimum will apply resulting in a charge of 10 flight hours.
D. Flight Crew Flight and Duty Time. In order to comply with Federal Aviation Regulations, the parties shall provide for no more than ten (10) flight hours and fourteen (14) duty hours within any twenty-four (24) hour period. There shall be ten (10) hours of uninterrupted rest within each twenty-four (24) hour period. Duty time shall normally begin two (2) hours before each daily flight sequence and end a half (1/2) hour after each daily flight sequence, unless provisions such as a hotel room for each crewmember is provided for a rest period per subsection 2.E., below, in between flights; otherwise, the duty time continues.
E. Rest Period. An uninterrupted rest period of ten (10) consecutive hours shall begin a half (1/2) hour after a flight sequence if that rest period includes the use of a hotel room or Charter Agreement Master Terms and Conditions other suitable area for crew rest. The rest period normally ends two (2) hours prior to the scheduled departure.
F. Expenses, Charges and Advances. All fuel, oil, crew salary, and aircraft maintenance shall be paid by Island Wings Air Charter. Any fuel surcharge shall be paid for by Client. All other expenses, charges and costs, including, without limitation, transportation taxes, foreign taxes, levies, non-objection fees, duties, royalties, catering, ground transportation, air phone, deicing, hangar fees for inclement weather, landing fees, handling fees, airway fees, security fees, navigation fees, ramp fees, after-hours airport operations fees, parking fees, and special or accessorial services requested by Client shall be paid for by Client. Any advances or disbursements made by Island Wings Air Charter for Client shall be promptly reimbursed by Client.
G. Airborne Phone and Airborne Internet. If an aircraft telephone and/or airborne internet service (Wifi) is available and used during the charter, Client will be charged for such usage after your trip and when we receive the statement.
5. Price and Payment.
A. The price has been fixed on basis of the current local taxes and other public fees and fuel price of the date of present Air Charter Agreement. Island Wings Air Charter 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 Air Charter Agreement.
B. Island Wings Air Charter 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, Island Wings Air Charter 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 Client. Any refund by Island Wings Air Charter under this Air Charter Agreement shall be made in the currency and at the place where the payment was originally made by Client.
C. Passenger ground transportation and catering is not included in the charter price.
Island Wings Air Charter's Rights and Responsibilities.
A. Exclusive Control and Performance. Island Wings Air Charter shall have exclusive direction and control over the aircraft, its crew and passengers, and all cargo on board. Island Wings Air Charter agrees to undertake to provide the transportation services with due diligence but does not guarantee any speed, route, departure or arrival time or date.
B. Aircraft Availability. Client acknowledges that the aircraft availability is subject to, without limitation, prior booking, crew availability, weather and ATC related events, maintenance requirements, sale of the aircraft, use by the aircraft owner, and withdrawal from charter service.
C. Subcontracting of flight. Island Wings Air Charter shall be entitled to subcontract the whole or any part of the transportation services, and each such subcontractor shall be entitled to all rights, benefits, defenses, limitations and/or immunities available to Island Wings Air Charter pursuant to this charter. Subcontractor shall be a properly certificated charter operator and shall Charter Agreement Master Terms and Conditions be approved by Island Wings Air Charter. Client shall have the right to refuse the subcontracted flight without penalty.
D. Aircraft Substitution. Should the quoted aircraft be unavailable, Meridian shall use its best efforts to arrange for a substantially similar substitute aircraft at the best available rate among either Meridian’s fleet or approved subcontractors. Client will be provided with a written quote for the substitute aircraft to include the cancellation policy of the vendor.
E. Liberties. Island Wings Air Charter shall be at liberty to make interim stops for fuel, supplies, repairs and take whatever steps and do whatever actions it deems necessary for the protection of itself, the aircraft, pilots and passengers, including, without limitation, the substitution of another aircraft. Island Wings Air Charter shall also be excused from delay or inability to perform caused by circumstances beyond its reasonable control.
F. Right of Refusal. In addition to the rights set forth in Section 2.H. above, Island Wings Air Charter may refuse carriage of cargo, baggage, or luggage that, in its sole discretion: is improperly packaged; is not suitable for carriage; is hazardous and/or dangerous; exceeds the operational capacity of the aircraft; cannot be loaded within the allotted space; cannot be transported in accordance with applicable laws and regulations; or, has an aggregated value in excess of $1,000,000 with no prior special arrangements having been made.
G. Cancellation. If transportation is canceled pursuant to this subsection, Client shall pay the following amount to Island Wings Air Charter: 2 hours at the hourly charter rate if canceled less than 24 hours from the originally scheduled departure time for domestic flights and if canceled less than 48 hours from the originally scheduled departure time for international flights. Should all or a portion of the transportation occur any time during a holiday period, the transportation will be considered holiday transportation. Should holiday transportation be cancelled less than 120 hours before departure, the client shall pay the following amount to Island Wings Air Charter: 2 hours at the hourly charter rate. The holiday period is defined as 3 days before through 3 days after Thanksgiving, Christmas, New Year’s Day, President’s Day and Columbus Day. The date and time of the intended flight departure shall be used for calculating how long in advance cancellation occurred. Said amount is not to be deemed a penalty, but rather shall be paid to Island Wings Air Charter for Island Wings Air Charter's actual expense and damage caused by cancellation. Island Wings Air Charter may terminate this Air Charter
Agreement by notice to Client without any compensation:
i. If Client commits any breach of this Air Charter Agreement.
ii. If Client suspends payment or goes bankrupt (or goes into liquidation) or commits an act of bankruptcy or enters into an agreement with his creditors.
iii. If Client cancels more than two flights in a series of flights, Island Wings Air Charter is entitled to cancel the remaining flights in this series without being liable to pay any cancellation fee or compensation whatsoever, provided that Island Wings Air Charter makes use of this right of cancellation within eight days after receipt of Client's notice of cancellation of any third or more flights.
iv. Client shall indemnify Island Wings Air Charter for all claims whatsoever put forward by passengers, shippers or other persons in connection with cancellation on the part of either Client or Island Wings Air Charter.
H. Termination. Island Wings Air Charter may terminate a charter without notice if Island Wings Air Charter, in its sole discretion, determines that transportation would be unsafe or in violation of any applicable law, rule or regulation.
6. Client's Rights and Responsibilities.
A. Passenger Baggage. The following items must be declared prior to the departure date: i. i. Drugs ii. Weapons iii. Hazardous Cargo iv. Unusually Heavy or Large Items The standard per person baggage allowance is one (1) 30 pound bag plus one (1) personal item. Certain aircraft have limited baggage capacity to carry more than the standard allowance. It is the responsibility of Client to bring to Island Wings Air Charter’s attention prior to the flight their desire to carry an amount of luggage greater than the standard allowance. This will allow Island Wings Air Charter an opportunity to determine if the luggage can be carried. If the aircraft cannot be loaded with all of the intended luggage it may be shipped separately via an available air freight or courier service to the destination at the option and expense of Client.
B. Hazardous Cargo. Client shall not tender to Island Wings Air Charter any cargo that is hazardous or dangerous.
C. Weapons. You may not bring weapons aboard the aircraft without prior arrangements. If weapons are detected, you may be subject to prosecution by law enforcement authorities.
D. Preparation and Delivery of Cargo. Client shall deliver the cargo to Island Wings Air Charter at the time and place indicated on the face, properly prepared, labeled, securely packaged, and ready for transportation by aircraft. Weight and size of cargo shall be provided prior to the departure date.
E. Other Responsibilities. Client shall be responsible for loss or damage to the aircraft or other property aboard the aircraft, including expense, claim, liability and/or suit associated therewith, caused by or attributable to Client, its employees and/or the cargo. Client shall also be responsible for any other matter allocated to it pursuant to this charter, including loss, damage, expense, claim, liability and/or suit associated therewith, to include all matters not specifically allocated to Island Wings Air Charter. Client agrees to indemnify and hold harmless (including legal fees and costs) Island Wings Air Charter of and from the foregoing responsibilities.
7. Catering. Our customer care team will arrange catering for your trip. Our customer care team will strive to meet your requests; however, it is not uncommon for some items to be unavailable. In this case, we will strive to match your requests as closely as possible. Charter Agreement Master Terms and Conditions
8. Diversions. Island Wings Air Charter may at the reasonable discretion of the aircraft Captain or Island Wings Air Charter's Director or Operation or Chief Pilot divert, postpone or delay any charter flight. Island Wings Air Charter assumes no obligations to operate over any particular route or routes, and the Island Wings Air Charter is hereby authorized within reasonable limits to select the routes to be flown over or deviate from.
9. Force Majeure. Island Wings Air Charter may cancel or delay 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 Island Wings Air Charter 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 captain or Island Wings Air Charter's Director of Operation to be in jeopardy (collectively, “Force Majeure”). In case of such cancellations Island Wings Air Charter shall be under no obligation or liability to 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.
10. Conditions of Carriage. The present Agreement shall be subject to the provisions of the Title 14 Volume 2 Chapter 1 Subchapter G Part 135 (a.k.a. FAR Part 135) governing commercial air carriers.
11. Utilization of the aircraft. Client is not entitled to assign his rights or sublet under this Air Charter Agreement, partly or in full, without the express permission in writing of Island Wings Air Charter. 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 Island Wings Air Charter.
12. Acceptance of load. Client shall ensure that each passenger is in normal health, capable of undertaking the flight contemplated and that passengers are in possession of all documents enabling them to comply with all formalities and regulations both in respect of themselves and their baggage, and Client is responsible for all duties, fees and charges in this connection.
A. Client ensures that the passengers' baggage does not contain anything of a hazardous nature or of a nature prohibited by any country or state involved and that the passengers are not accompanied by animals of any kind. Animals may be permitted aboard only with the express permission of Island Wings Air Charter.
B. If Island Wings Air Charter is fined or has to meet expenses due to non-compliance on the part of Client, passengers or shippers with all formalities or regulations under which the air transportation is performed, Client shall indemnify Island Wings Air Charter for all such fines, expenses and additional costs.
13. TSA and Passenger Security. Federal regulations require the positive identification of each passenger and a security check with the Transportation Charter Agreement Master Terms and Conditions Security Agency (TSA). For each passenger, we request the name, identification type (e.g., driver’s license number and state of issuance) be provided at least 24 hours prior to departure. Any changes to the passenger list should be provided as soon as possible. Indicate the leg that each passenger will fly. At the time of boarding, each passenger will be required to present a photo ID for positive identification. Providing passenger information late may result in delays.
15. Law, Jurisdiction, Legal Fees, Illegality and Execution. This charter shall be governed by the laws of the state of New Jersey, and any dispute arising out of or in connection with this charter and/or the transportation of the cargo hereunder shall be brought in state or federal court located in New Jersey, with the substantially prevailing party to recover its reasonable legal fees and costs. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party.
16. Integration and Headings. This document, the air waybill and any agreed attachments hereto constitute the entire agreement between the parties with respect to the transportation of the cargo, superseding and negating all prior or contemporaneous agreements, written and oral. This agreement may not be modified or amended except by a writing signed by both parties. The headings used herein are for convenience only, are not substantive and may not be used to interpret the agreement between the parties.