Scope & Definitions
These General Terms and Conditions (“Conditions”) govern all quotations, bookings and charter services provided by [Hawker USA Concept SA] (“we”, “us”) to the client (“Client”). They apply to the exclusion of any other terms proposed by the Client unless expressly accepted by us in writing.
- Charter Agreement — the signed contract incorporating these Conditions and the agreed flight schedule.
- Operator — the certificated air carrier holding operational control of the aircraft.
- Charter Price — the total price stated in the Charter Agreement.
Where we act as broker, the contract of carriage is concluded between the Client and the Operator; we act as agent and are not the carrier.
Quotations & Booking
Quotations are indicative, subject to aircraft and crew availability, and to the granting of all necessary permits and slots. A booking is confirmed only when the Charter Agreement is signed by both parties and any required deposit has been received in cleared funds.
Price & Payment
Unless stated otherwise, the Charter Price includes aircraft, crew, standard catering, fuel, and routine landing and handling. It excludes de-icing, extended ground waiting, special catering, ground transport, and any charges arising from schedule changes or force majeure.
Payment is due in full before departure, by bank transfer in the currency stated, free of any deduction or set-off. Late payment accrues interest at [•]% per annum above [reference rate] from the due date until payment.
Changes & Cancellation
Requests to change a confirmed booking are accommodated where operationally possible and may attract additional charges. Cancellation by the Client must be notified in writing and attracts the following charges as a percentage of the Charter Price:
| Notice before departure | Cancellation charge |
|---|---|
| More than [30] days | [10]% |
| [30]–[15] days | [25]% |
| [14]–[7] days | [50]% |
| Less than [72] hours | [100]% |
We may cancel or modify a flight where required for safety, regulatory or force-majeure reasons; in that case we will use reasonable endeavours to provide an alternative aircraft, failing which sums paid for the unperformed flight are refunded.
Operational Control & Safety
The Operator and the pilot-in-command retain sole and absolute discretion over all matters affecting the safety of the flight, including routing, payload, fuel, diversion and the decision to delay or cancel. No provision of these Conditions limits that authority.
Passengers & Baggage
The Client is responsible for ensuring that all passengers hold valid travel documents, visas and health certifications, and for providing accurate passenger data by the deadlines notified. Baggage is limited by the aircraft’s certified capacity; dangerous goods may not be carried except as expressly permitted.
The Client indemnifies us against fines, penalties and costs arising from inaccurate passenger information or non-compliance with immigration or customs requirements.
Delays & Force Majeure
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including adverse weather, air-traffic and airport restrictions, strikes, technical defects, epidemics, acts of government, war or civil unrest. Times shown are not guaranteed and do not form part of the contractual obligation.
Liability & Insurance
Carriage is subject to the [Montreal Convention 1999] and applicable national law, which limit liability for death or injury to passengers, and for delay, loss of or damage to baggage. Our liability for any other loss is limited to the Charter Price, and we exclude liability for indirect or consequential loss, including loss of profit or opportunity, to the fullest extent permitted by law.
Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.
Data Protection
Personal data provided in connection with a booking is processed in accordance with our Privacy Policy, which forms part of these Conditions.
Governing Law & Jurisdiction
These Conditions are governed by the laws of [Switzerland]. The parties submit to the exclusive jurisdiction of the courts of [Geneva], save that we may bring proceedings in any court having jurisdiction over the Client. [Optionally: disputes shall be finally settled by arbitration under the [ICC] Rules, seat [Geneva], language English.]
If any provision is held invalid, the remaining provisions continue in full force and the invalid provision is replaced by a valid one reflecting the original intent as closely as possible.