These terms and conditions (“Terms”) shall apply to all contracts for aircraft charter brokering services provided by G6 Aviation Ltd.
1.Who we are
References to “us”, “we” or “our” in these Terms and the Booking Confirmation are to G6 Aviation Ltd (trading as “G6 Aviation”), a company registered in England and Wales under company number 13177349, with its registered office at Grosvenor House, 11 St. Pauls Square, Birmingham, England, B3 1RB.
References to “you”, “your” and “yours” in these Terms are to the person or organisation identified as the customer in the Booking Confirmation.
2.Definitions used in these Terms
Where capitalised words or terms are used in these Terms and the Booking Confirmation, they have the following meaning:
· Additional Sums means: (i) any amounts that the Flight Operator (or any third party acting on their behalf) may charge for goods or services that they provide to you, including but not limited to catering, use of in-flight telephone or internet services, ground transportation; or (ii) any other costs that the Flight Operator may charge in connection with the Flight including but not limited to COVID-19 testing for all Flight crew, any costs incurred in procuring an alternative aircraft for the purpose of your Flight in accordance with clause 5.2 of these Terms, aircraft de-icing, war risk insurance costs, damage to the aircraft (where caused by you or your party), additional crew costs, any additional landings, re-routes, flight hours or other delays or additional work caused by you or your party.
· Booking Confirmation means the booking form containing the details of you and your passengers, the Flight(s) and the Charter Price, as updated and amended from time to time by us at our sole discretion and notified to you in writing.
· Charter Price means the aggregate price payable by you for the provision of the chartered Flight by the Flight Operator together with the provision of the charter broker services by us (as described in clauses 5.1 and 5.2) inclusive of all applicable taxes and security charges based on the passenger numbers you have confirmed to us but excluding any Additional Sums.
· Contract of Carriage means the contract for provision of the Flight and related services, between the Flight Operator and you and your Passengers, which is made on the basis of the Flight Operator’s standard terms and conditions.
· Final Charter Brief means the schedule provided by us to you in writing which sets out the final details of the Booking Arrangements including but not limited to crew details, check in times, baggage handling arrangements and all relevant locations for the purpose of your Flight.
· Flight means the flight(s) listed in the Booking Confirmation and as further described in the Contract of Carriage.
· Flight Booking Arrangements means the flight charter arrangements to be made by us on your behalf in accordance with the details particularised in the Booking Confirmation.
· Flight Departure Date means the scheduled departure date of your Flight, as specified in the Booking Confirmation.
· Flight Operator means the aircraft operator that will provide the Flight.
· Our Contract means the contract between you and us which consists of both the Booking Confirmation and these Terms in relation to the provision of the Flight Booking Arrangements.
· Passengers means all persons in your party on the Flight.
· Staff means any employees, workers, contractors/sub-contractors or other agents that you use in connection with the Flight.
All references to clauses are to the clauses of these Terms.
Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written in these Terms includes email (but not fax).
3. Our contract with you
3.1. Our Contract is a legally binding agreement between you and us which comes into force on the date that we receive payment of the Charter Price in full and in cleared funds (“Booking Confirmation Date”). For the avoidance of doubt, your failure to sign and return the Booking Confirmation to us shall not affect the validity of Our Contract.
3.2. Our Contract will terminate when you and we have each fulfilled our respective responsibilities under it, unless Our Contract is terminated earlier under clauses 4, 6.9 or 8 of these Terms.
4. Cancellations and changes to your Flight
4.1. To cancel the Flight Booking Arrangements, you must give us advance written notice to confirm that you wish to cancel.
4.2. Where you elect to cancel under clause 4.1 of these Terms you are required to pay a proportion of the Charter Price to us (“Cancellation Payment”). In such circumstances, we will deduct the Cancellation Payment from the Charter Price and, subject at all times to clauses 4.3 and 4.4 of these Terms, return the remaining balance of the Charter Price (if any) to your nominated bank account.
4.3. Subject at all times to clause 4.4 of these Terms, the amount of the Cancellation Payment payable by you will be determined by how much notice you give us ahead of the Flight Departure Date, as shown in the table below:
4.4. For the avoidance of doubt:
4.4.1.we reserve the right to increase the amount of the Cancellation Payment where the Flight Operator has incurred costs greater than the applicable Cancellation Payment amount; and
4.4.2.the Cancellation Payment amount shall be due and payable by you irrespective of the reason for your cancellation (including but not limited to a cancellation arising from, or attributable to, COVID-19 and/ or those matters more generally described in clause 5.9 of these Terms).
4.5. With effect from the Booking Confirmation Date, we are not obliged to accommodate any requests for changes to the Flight Booking Arrangements, including but not limited to changes to passengers, your route or Flight times, although we may agree to do so at our sole discretion.
4.6. Where we agree to make a change to the Flight Booking Arrangements, we shall be entitled to charge you any costs which are imposed on us by the Flight Operator, as well as any reasonable costs or expenses incurred by us in making or accommodating a change.
5. Our responsibilities and yours
5.1. We are an aircraft charter broker and do not operate aircraft or act as an air carrier. Our services are limited to arranging the Flight with the Flight Operator on your behalf in accordance with the details set out in the Booking Confirmation.
5.2. Our ability to perform the services detailed in clause 5.1 of these Terms is subject at all times to the availability of the Flight Operator’s aircraft. Where the aircraft specified in the Booking Confirmation becomes unavailable on or before the Flight Departure Date, we reserve the right, on prior notice, to arrange an equivalent aircraft with the Flight Operator or an alternative aircraft operator, subject at all times to availability. To the extent that any such substitution involves Additional Sums (whether such costs are incurred by us, the Flight Operator or any alternative aircraft operator) the amount of any Additional Sums shall be notified to you in writing. You shall be entitled to either accept these Additional Sums and proceed with your Flight, or decline the offer of alternative carriage and cancel your Flight Booking Arrangements. Please note that where you decide to cancel your Flight Booking Arrangements, the provisions of clause 8 of these Terms shall apply.
5.3. By entering into Our Contract, you appoint and authorise us to make the arrangements for the Flight on your behalf and we accept this appointment solely on the basis of the terms of Our Contract. We shall perform and discharge our obligations under Our Contract with reasonable care and skill.
5.4. You warrant that all details set out in the Booking Confirmation are correct and accurate in all respects. Where there are any missing details that we require, you shall provide these to us in writing within the time frame that we notify to you. Failure to provide any missing details within the specified time fame may result in the early termination of Our Contract in accordance with clause 8.1 of these Terms. Please note that it is your responsibility to ensure that all information provided by you to us in connection with Our Contract is accurate in all respects.
5.5. We shall make the Flight Booking Arrangements on the basis of the information set out in the Booking Confirmation (as well as any missing details confirmed by you to us in writing under clause 5.4 of these Terms). Once the Flight Booking Arrangements have been made by us, we will provide you with a Final Charter Brief.
5.6. The Contract of Carriage is between you and the Flight Operator, and not with us. You confirm that you will comply, and shall ensure that all Passengers and Staff (where relevant) comply, with the terms and conditions of the Contract of Carriage. Either we or the Flight Operator shall provide you with a copy of the Contract of Carriage and you are responsible for ensuring that all Passengers and Staff (where relevant) receive a copy in advance of your Flight.
5.7. The check-in time and check-in point for your Flight will be detailed in the Final Charter Brief. The check-in time is normally 30 minutes prior to each Flight departure at the designated handling agent/ private terminal. If you have more than 1 item of luggage per Passenger, or are a party of 6 or more, please allow additional time for check-in.
5.8. You shall ensure that you and all Passengers and Staff (where relevant), as well as any baggage and/or cargo, shall be at the specified check-in point at the departure airport by no later than the check-in time specified in the Final Charter Brief. You must also ensure that you and all Passengers possess all necessary identity documents, visas and other documents required by the governments or authorities of the states of departure, transit and arrival for each Flight.
5.9. With a number of governments imposing certain travel restrictions and entry requirements, which may include restrictions from specified risk areas, it is your responsibility to continue to check the relevant local government websites and comply with all entry requirements for your destination before you travel, and for any destination you may be returning to. These may include, but not limited to, providing evidence of a negative COVID-19 test (which may need to be presented in a specific language), completion of specific forms, and quarantine requirements on arrival. If you, your Passengers or Staff (where relevant) have symptoms of COVID-19, you must not travel. Please do not travel to the airport, and follow the guidelines set out by the authorities as to what to do if you feel unwell. Please note that the Flight Operator may have specific COVID-19 policies, procedures and requirements in place, in addition to any terms set out in the Contract of Carriage. Please note that it is your responsibility (including your Passengers and Staff) to familiarise yourselves with the policies, procedures and requirements of the Flight Operator. We do not accept any liability for any failure by you, your Passengers and/ or Staff to comply with the policies, procedures and requirements of the Flight Operator.
5.10. In the event that you or a Passenger fails to take any Flight specified in the Booking Confirmation, you or they shall not be entitled to any refund from us in respect of monies paid for the Flight(s) concerned, regardless of the reason for the failure to take the applicable Flight(s) (including, for the avoidance of doubt, a failure to take any Flight arising from, or attributable to, COVID-19 and/ or those matters more generally described in clause 5.9 of these Terms).
5.11. You acknowledge that the Flight Operator shall be solely responsible for the operation of the aircraft and the safe performance of each Flight and agree that all complaints and claims regarding the operation of each Flight shall be directed to the Flight Operator. The captain of the aircraft shall have absolute discretion to take any decisions concerning the operation of the aircraft (including but not limited to the decision to delay, cancel, re-route or divert a Flight or to remove any Passenger from a Flight). You agree that any and all decisions of the captain of the aircraft shall be binding upon you and all Passengers.
6. Price and payment terms
6.1. You understand and confirm that, by entering into Our Contract, you accept and will comply with the payment obligations contained in these Terms.
6.2. The Charter Price must be received by us in full and in cleared funds on the Booking Confirmation Date. We will raise and issue an invoice in relation to your Flight Booking Arrangements in advance of the Booking Confirmation Date to enable the timely settlement of the Charter Price by you in accordance with the requirements of this clause.
6.3. The Charter Price does not include any Additional Sums which are payable by you (either to us or, if directed by us, to the Flight Operator) in accordance with clause 6.4 of these Terms.
6.4. You acknowledge and accept that the Charter Price is subject to fuel price fluctuations between the Booking Confirmation Date and your Flight Departure Date. In the event that the fuel price increases, the amount of any such increase will be confirmed to you in writing by us and will be payable by you. We will issue an invoice to you for the full amount of the fuel price increase, in addition to any applicable taxes. You are also required to pay for any other Additional Sums or increases connected with your Flight, including but not limited to air passenger duty, aviation or insurance premiums, security costs, increased duties or levies relating to the operation of the aircraft or any other part of the charter, including any costs incurred in procuring an alternative aircraft for the purpose of your Flight in accordance with clause 5.2 of these Terms.
6.5. Where value added tax, or any other applicable sales tax, is chargeable in relation to the Charter Price or any other charges provided for in Our Contract, the amount of any such tax will be detailed in our invoices(s) and must be paid by you at the applicable rate.
6.6. You shall pay the Charter Price in the currency stated in the Booking Confirmation on the Booking Confirmation Date. You shall pay us (or, if directed by us, pay to the Flight Operator) any Additional Sums, and any other sums payable under Our Contract (including but not limited to any Cancellation Payment), in the currency that we specify within seven (7) days of the date of the relevant invoice.
6.7. Our payment details can be found at the bottom of all invoices issued by us. We accept payment by bank or wire transfers but please note that any bank charges from our bank or yours are to be paid by you and we reserve the right to invoice the amount of any such charges to you.
6.8. If you do not make a payment to us by the date specified in any invoice we issue to you under Our Contract, we reserve the right to charge interest to you on any overdue amount at the rate of 4% a year above the Bank of England's base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.9. If you do not make a payment to us by the date specified in any invoice we issue to you under Our Contract, we are entitled to terminate Our Contract in accordance with clause 8.2.
7. Limitation of Liability
7.1. Where you are entering into Our Contract as a ‘consumer’ (which means for purposes that are wholly or mainly outside of your trade, business or profession), our liability to you is as follows:
7.1.1. We are responsible for performing our obligations under Our Contract with reasonable skill and care.
7.1.2. We are not responsible to you for any damage, injury, loss, cost, claim or expense that is:
126.96.36.199. not a reasonably foreseeable consequence of: (i) our breach of Our Contract; or (ii) our failure to use reasonable skill and care in performing our obligations under Our Contract (and, by “reasonably foreseeable”, we mean obvious at the time we entered into Our Contract, or specifically discussed and agreed at the time we entered into Our Contract); or
188.8.131.52. a business loss (meaning loss of profit, loss of business, business interruption, or loss of business opportunity); or
184.108.40.206. due to an action, or failure, of anyone who is not us or who is not under our control (including but not limited to the Flight Operator, its employees, workers and contractors); or
220.127.116.11. caused wholly or partly by you, your Passengers or your Staff; or
18.104.22.168. due to any circumstances beyond our reasonable control including acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, acts of any governmental or super national authority, war or national emergency, riots, civil commotion, acts of terrorism, counter-terrorism, fire, explosion, flood, severe weather conditions, epidemic, pandemic, lock outs, strikes and other industrial disputes, shortages of labour, materials and services and inability or delay in obtaining supplies.
7.2. Where you are entering into Our Contract as a ‘business customer’ (which means acting for purposes relating to your trade, business or profession, whether acting personally or through another person acting in your name or on your behalf), we are not liable to you for any damage, injury, loss, cost, claim or expense (in each case, whether direct or indirect) that is:
7.2.1. due to an action, or failure, of anyone who is not us or who is not under our control (including but not limited to the Flight Operator, its employees, workers and contractors); or
7.2.2. caused wholly or partly by to you, your Passengers or your Staff; or
7.2.3. due to any circumstances beyond our reasonable control including acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, acts of any governmental or super national authority, war or national emergency, riots, civil commotion, acts of terrorism, counter-terrorism, fire, explosion, flood, severe weather conditions, epidemic, pandemic, lock outs, strikes and other industrial disputes, shortages of labour, materials and services and inability or delay in obtaining supplies; or
7.2.4. is of the following type: loss of opportunity, loss of contract, loss of revenue, loss of reputation or goodwill, loss of profits, loss of actual or anticipated savings and, where relevant and subject at all times to clause 7.3.3, our liability to you will be limited to the re-performance of our obligations under Our Contract or paying the cost of having the relevant obligations under Our Contract performed again.
7.3. Irrespective of whether you are a consumer or a business customer, please note that:
7.3.1. The limitations and exclusions set out in clauses 7.1 and 7.2 above are subject at all times to clause 7.3.3 of these Terms.
7.3.2. You are responsible for complying with Our Contract and the Contract of Carriage, as well as for ensuring the compliance of your Passengers and Staff with Our Contract and the Contract of Carriage. You agree to indemnify us against any damage, injury, loss, cost, claim or expense that we may suffer or incur as a result of any failure by you or any Passenger or any of your Staff to comply with Our Contract or the Contract of Carriage. For the avoidance of doubt, your obligations under this clause 7.3.2 mean that you agree to be primarily responsible and pay us any amounts arising under this clause.
7.3.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or, for fraud or fraudulent misrepresentation.
8. Early termination of our contract
8.1. We may terminate Our Contract for any of the following reasons:
8.1.1.the availability of the Flight Operator’s aircraft is withdrawn for the purpose of the Flight Booking Arrangements and an equivalent aircraft cannot be obtained for the purpose of your Flight;
8.1.2. you cancel your Flight Booking Arrangements;
8.1.3. you do not make a payment to us when it is due and payable;
8.1.4. you (which shall include your Passengers and your Staff) commit or cause a breach of Our Contract;
8.1.5. you do not provide us with the information that we require and request in accordance with clause 5.4 of these Terms to enable us to make the Flight Booking Arrangements;
8.1.6. your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under Our Contract has been placed in jeopardy; or
8.1.7. any steps are taken towards your insolvency (if you are a company or a partnership) or bankruptcy (if you are an individual).
8.2. If we terminate Our Contract in any of the situations set out in clause 8.1 of these Terms, we are entitled to deduct or charge you a Cancellation Payment as compensation for the costs we will incur as a result of the termination, the amount of which shall be calculated in accordance with the principles set out in clause 4.3 and shall be determined by the date on which we terminate Our Contract. In such circumstances, we will deduct the Cancellation Payment from the Charter Price and, subject at all times to clauses 4.3 and 4.4 of these Terms, return the remaining balance of the Charter Price (if any) to your nominated bank account.
8.3. The termination or expiry of Our Contract shall not affect any rights, remedies, obligations or liabilities that either you or we have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of Our Contract which existed at or before the date of termination or expiry.
9. Other important terms
9.1. Except as set out in these Terms, no variation of Our Contract shall be effective unless it is in writing and signed by both you and us.
9.2. Our Contract constitutes the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
9.3. We may transfer Our Contract to someone else. We may transfer our rights and obligations under Our Contract to another organisation. We will always inform you in writing if this happens.
9.4. Due to the nature of this contract, you may not transfer your rights or obligations under it to anyone else (whether a person or organisation).
9.5. Nobody else has any rights under Our Contract. Our Contract is between you and us. Our Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of Our Contract.
9.6. If any provision or part-provision of Our Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of Our Contract. If any provision or part-provision of Our Contract is deleted under this clause 9.7, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
9.7. A waiver of any right or remedy under Our Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by either you or us to exercise any right or remedy provided under Our Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under Our Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
9.8. Our Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with Our Contract or its subject matter or formation.