Emergency response aircraft

Terms and conditions

Standard Terms and Conditions of Fly Nautic (International) Limited

Definitions:

1.1 Fly Nautic (International) Limited is an aircraft charter broker and does not own or operate aircraft or road vehicles licensed for public transport. Fly Nautic (International) Limited contracts with the Air Carrier (and vehicle operator where appropriate) on behalf of you, the Charterer, to procure such aircraft and vehicles as defined within the confirmed itinerary so that the aircraft, crew and drivers are in place to perform the specified itinerary

The actual flight is undertaken by the Air Carrier, a licensed organisation operating aircraft owned and/or operated by them. Likewise any road transfers incorporated within the itinerary are undertaken by licensed organisations operating vehicles owned and/or operated by them

Notwithstanding, Fly Nautic (International) Limited’s relationship with you is more than just a facilitator. We regard you as our client and take specific responsibility for the provision of our service, such that you are provided with a professionally managed seamless premium service. We contractually undertake to ensure that your requirements are duly met in a satisfactory manner

The Charterer

This is you, or your principal, once you contract with Fly Nautic (International) Limited. You will be an entity or individual organising travel for your organisation, yourself or others who will be the passengers. Your contract for our services is with Fly Nautic (International) Limited. Critically you agree not to sub-charter or hire for financial reward, either fully or in part, any aircraft subject to our agreement. You additionally agree to ensure invoiced payment arrives with Fly Nautic (International) Limited as cleared funds prior to the commencement of the first flight or in accordance with the terms of payment printed on our invoice. You accept certain obligations should you terminate the contract prematurely

The Air Carrier

This will be the licensed air operator that, as part of our contracted services with you, is sourced by Fly Nautic (International) Limited to meet your specified requirements for the aircraft. To comply with current air transport legislation, the air carrier will have the contract of carriage with the passengers

The Passengers

The passengers’ contractual relationship will be with the air carrier (and where relevant, vehicle operators). As Fly Nautic (International) Limited is not the air carrier or the hired vehicle operator, it does not have a contract of carriage with the passengers. The passengers’ contracts of carriage will rest between the passengers and the air carrier (and where relevant, vehicle operators). FlyNautic (International) Limited plays no role in such contracts of carriage, and does not control or influence their terms

2. Private Aircraft Charter’s Undertaking:

2.1 Fly Nautic (International) Limited shall arrange that the appointed Air Carrier enters into a contract to provide the aircraft crewed, maintained, equipped, and fuelled for the duration of the charter

2.2 Fly Nautic (International) Limited shall arrange that the appointed hired vehicle operator enters into a contract to provide the licensed vehicles with driver, maintained and fuelled for the duration of the trip

2.3 In the event that the aircraft or hired vehicle becomes unavailable or unserviceable at any time prior to the scheduled departure time, Fly Nautic (International) Limited will use all reasonable endeavours to find a substitute aircraft or vehicle of similar or better classification as soon as is practicable under the circumstances. If Fly Nautic (International) Limited is unable to find a substitute aircraft or vehicle within a reasonable time after the scheduled departure time, Fly Nautic (International) Limited shall, except for where this is as a result of reasons beyond the control of Fly Nautic (International) Limited, exercise its obligation to the Charterer to bear reasonable costs of the interim care of the charterer’s passengers up to a maximum of £100 per passenger

3. The Charterer’s Undertaking

3.1 It remains the responsibility of the charterer to ensure that all passengers, their baggage and/or cargo shall comply with relevant laws and regulations in the United Kingdom and/ or any other state of departure, transit or arrival under the charter agreement. Should the charterer be in any doubt in this regard clarification should be sought through Fly Nautic (International) Limited

3.2 The charterer must ensure that all passengers are in possession of valid travel documentation and/or passports and visas for the sovereign points of entry defined within the charter agreement. The charterer further agrees to furnish Fly Nautic (International) Limited with a full passenger list together with supporting passport numbers, expiry dates, nationalities, and dates of birth no less than 7 days prior to the date of the first flight. Fly Nautuc Ltd accepts no responsibility and/or liability whatsoever in the event of a passenger or passengers being refused entry to any sovereign state

3.3 The charterer categorically acknowledges that, in pursuance of the safety of the aircraft, crew and passengers, in compliance with air navigation law, the captain of the aircraft shall have absolute discretion regarding decisions pertaining to the operation of the aircraft. The charterer moreover, agrees that any and all decisions of the captain of the aircraft shall be binding upon the charterer, the passengers and Fly Nautic (International) Limited. The charterer shall be responsible for any failure by the passengers to comply with such decisions

3.4 The charterer shall indemnify Fly Nautic (International) Limited, in full, for any resultant costs levied by the air carrier against it pursuant to wilful or negligent damage of the aircraft by any passenger. Such indemnification is extended to any costs arising from any loss of use of the aircraft as a direct or indirect result of such damage

4 Loading and Embarkation

4.1 It shall be the responsibility of the charterer to ensure that passengers and their baggage shall be at the specified check-in location not later than 20 minutes prior to the scheduled time of departure. This general term shall only apply where Fly Nautic (International) Limited have not been contracted to provide the charterer with hired vehicles for the purpose for reaching the check- in location

4.2 The charterer retains sole responsibility to ensure that, at the check-in point passengers are in possession of valid passports and travel documentation pertaining to the sovereign points of entry defined in the flight itinerary

5. Diversions

5.1 If for any reason the aircraft is diverted from any intended destination defined in the flight schedule to another airfield, the flight will be deemed to have been completed on arrival at the airfield it has diverted to. The charterer agrees to indemnify Fly Nautic (International) Limited in full against any supplementary costs incurred as direct result of the diversion in respect of, but not limited to, any additional flying incurred, and pursuant to the provision of alternative arrangements to enable the passengers to complete the journey to the intended destination, as defined in the itinerary

6. Departures from Planned Itinerary

6.1 The charterer may, subject to the agreement of the air carrier and Fly Nautic (International) Limited, request to amend the planned itinerary. Fly Nautic (International) Limited and the nominated air carrier will make every effort to accommodate such requests but accept no responsibility or contractual binding to do so. In such an event any additional costs over and above the cost of operating the planned itinerary will be borne by the charterer

6.2 Fly Nautic (International) Limited shall have no responsibility for delays to departure or arrival times arising from, but not limited to, air traffic control restrictions, adverse weather conditions or conditions reasonably beyond Fly Nautic (International) Limited’s control

7. Force Majeure

7.1 Fly Nautic (International) Limited shall not be held liable for any default of contract arising from any event beyond Fly Nautic (International) Limited’s control which shall include (but is not necessarily limited to) explosions, revolutions, riots, acts of terrorism, acts of God, weather, industrial action, the act of any authority, airworthiness directives, or accident to the aircraft or any part of it

8. Cancellation of Agreement

8.1 The charterer may cancel the agreement by notice in writing to Fly Nautic (International) Limited at any time prior to the commencement of the itinerary (other than to instruct another supplier to execute the same services offered within the charter agreement). In such event Fly Nautic (International) Limited may exercise the cancellation charges set out in the charter agreement of which the charterer shall be obligated to make payment in full. Fly Nautic (International) Limited reserves the right to apply any funds already paid by the charterer against such charges

8.2 Fly Nautic (International) Limited may terminate the charter agreement unconditionally by written notice if the charterer commits any breach of the charter agreement which in the opinion of Fly Nautic (international) Limited is incapable of remedy within such reasonable time as Fly Nautic (International) Limited deem fair. This shall include if, in the reasonable opinion of Fly Nautic (International) Limited, the charterer is or may become unable to pay for services to be provided under the charter agreement

9. Limitation of Liability

9.1 Any agreement between Fly Nautic (International) Limited and the charterer shall not constitute a contract of carriage. Fly Nautic (International) Limited shall not be deemed to be acting as a common carrier, or any other form of carrier, in respect of the services provided to the charterer by the appointed air carrier and, where applicable, vehicle carrier as defined under the charter agreement. The acceptance and/or performance of any of Fly Nautic (International) Limited’s obligations under the charter agreement do not impute upon it any responsibilities and/or liabilities of the operators of the aircraft or vehicles

9.2 Under the agreement Fly Nautic (International) Limited neither acts as a licensed air carrier, a principal in respect of the provision of air services, nor as the agent of the nominated air carrier

9.3 Excepting the express provisions laid out in section 2.3 of these Standard terms, Fly Nautic (International) Limited shall not be liable or obligated to the charterer, or to the charterer’s passengers for any loss, either direct or consequential, and whether arising out of a breach under the charter agreement, negligence or otherwise

10. Legal Jurisdiction

10.1 The charter agreement shall be governed in accordance with the current laws England and the jurisdiction of the English courts 10.2 The headings and terminology contained within the charter agreement shall be for convenience and clarity only and shall not affect the interpretation of any part of the charter agreement

10.3 Should any provision within the charter agreement be held to be unenforceable for any reason it shall not affect the enforceability of any other provisions of the charter agreement