Private jet charter Terms and Conditions
Standart Charter Terms
PARTIES
Charterer: AEGEANVIP’s client (which shall include its representative(s) as applicable) making the Flight booking using www.aegeanvip.com or directly through a signed reservation form, whose details are set out in a Charter Contract.
Broker: AEGEANVIP on behalf of the Aircraft Operator whose quotation for provision of a Flight to the Charterer has been accepted by the Charterer in accordance with an Agreement and the terms of www.aegeanvip.com (as applicable) as detailed in a Charter Contract.
SCOPE
AEGEANVIP, acts as a Private Jet Charter Broker between you (the Charterer) and our network of accredited Aircraft Operators. When booking a charter flight through AEGEANVIP you will be entering into a direct and legally binding relationship with the aircraft operator. From the time of booking, AEGEANVIP will support you fully in our position as an intermediary. Our customer service aim is to make your enquiry, booking and flight with the aircraft operator seamless
1. DEFINITIONS
In these Standard Charter Terms unless the context otherwise requires:
- “Agreement” means these Standard Charter Terms, the Charter Contract and any Special Conditions.
- “Aircraft” means any aircraft (including helicopters) operated in connection with any Flight.
- “Charter Price” means the total amount set out in AEGEANVIP invoice(s) issued in respect of a single Agreement (which includes AEGEANVIP’s fee for facilitating an Agreement.).
- “Flight” means a flight described in a Charter Contract.
- “Charter Contract” means the online confirmation issued to the Charterer by www.AEGEANVIP.com confirming an aircraft charter and Flight details.
- “AEGEANVIP” means AEGEANVIP Single Member Private Company a Greek
registered company having its registered office at 3, Kalokores – Emporeio in Santorini Greece, and VAT number EL800985032. - “AEGEANVIP Exchange Rate” means the midpoint rate as published on www.oanda.com, plus a 2% currency administration fee.
- “AEGEANVIP Members” those persons who subscribe to use the services of AEGEANVIP as are made available through www.AEGEANVIP.com or through any mobile application made available by AEGEANVIP from time to time.
- “Special Conditions” means those variations to the Standard Charter Terms upon which the Carrier will perform the Flight for the Charterer and which, in the event of inconsistency with these Standard Charter Terms, take precedence as between the Parties.
2. CHARTER
2.1 The Carrier shall make available to the Charterer the Aircraft as specified in a Charter Contract and the Charterer shall take the Aircraft on charter from the Carrier upon the terms and conditions of an Agreement (including any Special Conditions which have been notified to the Charterer by the Carrier.
3. CANCELLATION
If the Charterer wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the Charterer to AEGEANVIP as agreed compensation for such cancellation:
- 50% of the Charter Price if cancelled after completion of an Agreement.
- 100% of the Charter Price if cancelled within 2 weeks of the scheduled departure time as set out in a Charter Contract.
4. CHARTER PRICE AND PAYMENT
4.1 AEGEANVIP offers a payment gateway for Charterers through its services at www.aegeanvip.com. The Charterer shall pay AEGEANVIP the Charter Price at the time, in the amount, currency and to the address specified in accordance with the provisions set out therefore in a Charter Contract.
4.2 The Charter Price is based on aviation fuel costs calculated on the Booking Date.
If, for any reason whatsoever there shall be any increase in the cost of aviation fuel
between the Booking Date and the date of operation of any Flight, then the
Charterer shall, if so required by the Carrier, pay AEGEANVIP on demand such
amount as shall fully compensate the Carrier for such increase in costs.
4.3 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 an interest on the amount
unpaid at the rate of 6 % per annum, calculated on a daily basis from the due date until the date of payment (both before and after judgement), compounded monthly.
In the event of non-payment, we have the right to demand payment of all legal fees,
court fees and recovery fees incurred.
4.4 The Charter Price in Euro (€) is agreed in the currency shown on the Charter
Contract. On request from the Charterer AEGEANVIP in its sole discretion may elect
to accept settlement of the price in either in US Dollars or GBP Sterling. On request,
a new invoice will be issued to the Charterer, converting the Charter Price using the
AEGEANVIP Exchange Rate on the date of issue of the invoice. If immediate payment
is not received then AEGEANVIP reserves the right to recalculate the conversion of
the Charter Price into the Charterer’s requested currency at the date of payment,
and issue a revised and/or further invoice for any additional amounts outstanding at
the date of payment. All such invoices issued under an Agreement shall evidence the
“Charter Price” of that Agreement and are subject to these Standard Charter Terms.
4.4 The Charter Price in Euro (€) is agreed in the currency shown on the Charter
Contract. On request from the Charterer AEGEANVIP in its sole discretion may elect
to accept settlement of the price in either in US Dollars or GBP Sterling. On request,
a new invoice will be issued to the Charterer, converting the Charter Price using the
AEGEANVIP Exchange Rate on the date of issue of the invoice. If immediate payment
is not received then AEGEANVIP reserves the right to recalculate the conversion of
the Charter Price into the Charterer’s requested currency at the date of payment,
and issue a revised and/or further invoice for any additional amounts outstanding at
the date of payment. All such invoices issued under an Agreement shall evidence the
“Charter Price” of that Agreement and are subject to these Standard Charter Terms.
4.5 Payment of the Charter Price shall be made directly to the account specified by
AEGEANVIP. Full payment must be received on receipt of invoice to secure the
aircraft (unless otherwise specified). At the request and cost of the Charterer,
AEGEANVIP can arrange for prepaid sums to be placed on hold in an escrow account.
Time shall be of the essence for payment of the Charter Price and any other sums
under any Agreement.
4.6 No set-off or counterclaim (whether arising in respect of an Agreement or any
other carriage) shall entitle the Charterer to withhold payment of any sums
whatsoever payable under or by reason of an Agreement.
4.7 In the event that the Charterer requests a change in routing or any other
significant change (for example flight time change, passenger manifest change,
change of airport or additional flight requirements) in respect of one or more Flights
being undertaken by the Carrier under an Agreement and such requests are
accommodated by the Carrier (which shall be at the Carrier’s sole discretion),
AEGEANVIP will issue an amended or replacement Flight Confirmation and the
Charterer will pay on demand any additional costs set out therein.
4.8 AEGEANVIP offers www.AEGEANVIP.com as an Aircraft charter booking platform
and AEGEANVIP acts as a facilitator for Aircraft Operators. AEGEANVIP deducts from
the Charter Price a facilitation fee before remitting funds received from the
Charterer to the Carrier.
4.9 Payment of sums due under these Standard Charter Terms may be made by
credit or debit card. The EU payments services directive came into effect on the 13th
January 2018, due to the complex nature of applying the regulation to a global
business we reserve the right to continue to levy credit card surcharge fees on all
credit and debit card payments, for any cards eligible under the EU and US Payments
services.
4.10 If the Carrier is unable to perform a Flight in accordance with a Flight
Confirmation due to an Aircraft technical failure, AEGEANVIP shall use its reasonable commercial endeavours to find a suitable replacement Aircraft and shall disclose any
extra costs to the Charterer. If AEGEANVIP’s efforts are successful, but the Charterer
elects not to accept the replacement Aircraft found by AEGEANVIP, AEGEANVIP shall
be entitled to retain all sums due to it under these Standard Charter Terms
(including AEGEANVIP’s fee for facilitating an Agreement) had the Charterer accepted
the replacement Aircraft. If AEGEANVIP’s efforts are unsuccessful, the Charterer’s
sole remedy shall be a full refund of the Charter Price (less AEGEANVIP’s fee for
facilitating an Agreement) in respect of that part of any Charter Contract which
cannot be fulfilled due to Aircraft unavailability. Any such refund which relates to a
partial cancellation of an Agreement shall be calculated on a pro rata basis as
follows: percentage of total Charter Price (less AEGEANVIP’s fee for facilitating an
Agreement) to be repaid shall equal the percentage of total flight hours under the
Charter Contract which will not be flown due to unavailability of the Aircraft. For
example, if 7 flight hours of a total of 28 flight hours chartered were unavailable, the
Charterer would be due a refund of 25% of the Charter Price (less AEGEANVIP’s fee
for facilitating an Agreement).
4.11 Unless agreed in advance of the Flight, WiFi charges are not included within the
Charter Price. Any charges by the Carrier for WiFi used, that was not included in the
Charter Agreement will be passed onto the Charterer to be paid on receipt of
invoice.
4.12 If the Charterer pays the Charter Price by bank transfer within 2 weeks of the
proposed date of the Flight, then the Charterer shall additionally provide to
AEGEANVIP credit card details using which AEGEANVIP may complete preauthorization of the relevant Charter Price plus the 4% transaction fee payable
pursuant to clause 4.9. If: (a) the relevant payment by bank transfer is not received
by AEGEANVIP’s bank within 3 working days (being any day other than a Saturday,
Sunday, or public holiday) after the Booking Date, or (b) the Charterer requests that
AEGEANVIP takes the relevant payment by credit card, then the pre-authorised
payment of the Charter Price plus the 4% transaction fee will be taken from the
Charterer’s card. If a bank transfer is received by or on behalf of AEGEANVIP after
AEGEANVIP has taken the relevant pre-authorized sums from the Charterer’s credit
card, then (at the election of the Charterer) either: (i) the bank transfer will be
refunded to the Charterer, or (ii) the pre-authorized payment will be refunded to the
Charterer’s credit card (less the 4% transaction fee paid pursuant to clause 4.9 and
any fees or charges levied on AEGEANVIP in connection with refunding such preauthorized credit card payment).
4.13 Flight bookings are based on internationally recognized ICAO (4 letter) and IATA
(3 letter) airport codes and not by airport names which are subject to change and
interpretation.
5. AIRCRAFT AND CREW
5.1 The Carrier shall be responsible for providing the Aircraft at the scheduled
commencement of the Flight in a condition such that it is properly manned and
equipped, fueled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft. The Aircraft shall be operated by the Carrier in
accordance with all applicable laws and regulations during the period of the Flight(s).
5.2 Subject to its general operational requirements, the Carrier shall use its
reasonable endeavors to:
5.2.1 have Aircraft and operating personnel, including cabin staff ready to fly no later
than thirty minutes prior to the Flight departure time set out in a Charter Contract.
5.2.2 have an operating personnel member available to meet passengers at entrance
to airport, FBO or agreed meeting point; and
5.2.3 have an operating personnel member available to escort customers to their
onward transport post disembarking a flight on arrival at destination
5.3 AEGEANVIP shall use its reasonable endeavors to
5.3.1 respond promptly to any Charterer communication and
5.3.2 inform Charterers as soon as reasonably practicable on becoming aware of
possible delay for any reason to a Flight schedule. AEGEANVIP’s highest priority is
flight safety. As such, the captain of the Aircraft shall have complete discretion
concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken
and/or whether a Flight is to be abandoned once undertaken. The Charterer shall
accept as final and binding all decisions of the captain on all matters relating to the
operation of the Aircraft, including any deviation from proposed route or where
landing shall be made.
5.4 All ground and operating personnel, including cabin staff, are authorized to take
orders from the Carrier only unless specific written agreement shall first have been
obtained from the Carrier whereby certain defined instructions may be accepted by
such personnel from the Charterer.
5.5 All Aircraft are designated non-smoking, unless confirmed to the Charterer in
writing before the Flight. If smoking takes place on an Aircraft, the Charterer will be
liable for all associated cleaning costs charged by the Carrier.
6. TRAFFIC DOCUMENTS
When required, the Carrier shall supply or procure all necessary documents relating
to the carriage and Flight undertaken pursuant to an Agreement. The Charterer shall
give AEGEANVIP all necessary information and assistance to complete such
documents as soon as possible after the making of an Agreement and, in any event,
in sufficient time to be completed for issue to passengers.
7. FLIGHT TIMES, LOADING AND EMBARKATION
7.1 The Charterer shall be solely responsible for ensuring that passengers and their
baggage arrive at the specified check-in point at the departure airport in sufficient
time to be carried on any Flight. In the event that any passenger of the Charterer
fails to arrive in sufficient time to be carried on the Flight the Carrier shall be under
no liability whatsoever to the Charterer or to such passenger. The Carrier shall be
under no obligation to make any alternative arrangements for any such passenger. If
the Carrier, in its sole discretion, arranges for any such passenger to be carried on a
later flight, the Charterer shall pay on demand to the Carrier or to AEGEANVIP (as
duly authorized to receive payments for the Carrier) such additional sum that the
Carrier may specify for each such passenger to cover applicable passenger taxes and
the administrative costs of the Carrier thereby incurred.
7.2 In the event of any delay (other than any delay for technical reasons the
responsibility for which shall lie with the Carrier) deviation or diversion of any Flight,
the Charterer shall be solely responsible for any and all accommodation,
refreshments, meals, transportation or any other additional costs, expenses, losses,
damages or liabilities of whatsoever nature incurred in respect of the Charterer’s
passengers wherever and howsoever the same shall arise. All such costs, expenses,
losses, damages, or liabilities incurred by the Carrier shall be reimbursed by the
Charterer to the Carrier on demand.
7.3 In the event that any passenger of the Charterer is refused entry at any
destination airport, the Charterer shall indemnify and keep indemnified the Carrier,
its officers, employees, servants and agents against any and all cost or expense
whatsoever incurred by the Carrier in respect of that refusal (including but not
limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier
or AEGEANVIP by any immigration authority) and , in addition, all cost or expense
incurred by the Carrier for any arrangements made by the Carrier to return such
passengers to the country from which such passenger was originally carried.
7.4 Flights can only be confirmed once full payment has been received. Final cost of
Flights is also subject to all crew availability, international overflight permits, airport
slots and airport parking being in place and non-availability at any time may result in
an increase in price of the charter.
8. OBLIGATIONS OF THE CHARTERER
8.1 The Charterer shall comply with all the requirements of the Carrier in relation to
the performance of all the Charterer’s obligations as set out in an Agreement.
8.2 The Charterer shall hold harmless and indemnify the Carrier and/or AEGEANVIP
(as applicable) from and against all claims, demands, liabilities, actions, proceedings,
and costs of any kind whatsoever arising from any default on the part of the
Charterer or any passenger of the Charterer in complying with any of the provisions
of an Agreement.
8.3 The Charterer shall comply in all respects with the conditions of all permits,
licenses and authorities granted for the Flights and will procure such compliance on
the part of all its passengers (including pets).
8.4 The Charterer shall be responsible for the issue and delivery of all necessary
passenger tickets, baggage checks and other necessary documents to all passengers.
8.5 The Charterer shall comply and shall procure that all its passengers (including
pets) shall comply with all applicable customs, police, public health, immigration, and
other lawful regulation of any state to/from or over which the Aircraft is or may be
flown.
9. EXCLUSION OF LIABILITY/INDEMNITY
9.1 Liability. Except (A) as may be required by Regulation (EC) N° 2027/1997, as
amended by Regulation (EC) N° 889/2002, or any other regulation or treaty, in each
case to the extent actually applicable to AEGEANVIP, or (B) to the extent covered by
AEGEANVIP’s non-owned aircraft liability insurance: (i) AEGEANVIP shall not have nor
assume any responsibility or liability to any Charterer for activities performed by any
Aircraft Operator; (ii) the Aircraft Operator shall be solely responsible for all claims
arising out of any and all occurrences, accidents or incidents that occur on or in
connection with the aircraft operated by the Aircraft Operator, including without
limitation all personal injuries, property damage or wrongful death; (iii) AEGEANVIP is
not responsible for any negligent act or omission by an Aircraft Operator or its
personnel and is not responsible for any personal injury, property damage, accident,
delay, inconvenience, or change in itinerary that may occur; and (iv) AEGEANVIP shall
not be liable under any contract, negligence, strict liability or other legal or equitable
theory for any consequential, indirect, incidental, special, punitive, exemplary or
reliance damages, any amounts in excess of the price paid for a particular flight, or
any matter beyond its reasonable control.
The Charterer is responsible for any harm to an Aircraft caused by the Charterer, its
assignees, agents, employees and invitees, and the Charterer shall indemnify and
hold free and harmless AEGEANVIP, its affiliates, officers, employees and agents
against any costs, claims, damages, or liability of any sort that may fall upon
AEGEANVIP by reason of any act or omission of the Charterer, its assignees, agents,
employees and invitees.
AEGEANVIP will not be liable or responsible for any failure or delay in performing any
of its obligations hereunder occasioned by any of the following causes: weather
(including adverse weather conditions preventing any services, inspections or flights
of the Aircraft), work stoppages, strikes, acts of war or terrorism, acts of God or the
public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes,
serious accidents, epidemics, quarantine restrictions, acts of government (including
government shut-downs), governmental priorities, labor disputes causing cessation,
slowdown or interruption of work, supplies, parts or materials, or any other cause
not within the direct control of AEGEANVIP. NEITHER PARTY HERETO SHALL IN ANY
CASE BE RESPONSIBLE TO THE OTHER FOR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF ANY ACTION OR INACTION IN CONNECTION WITH THIS
AGREEMENT. IN ADDITION, THE CHARTERER AGREES THAT IN ALL CASES TO WHICH
SUCH INSURANCE APPLIES THE PROTECTION THEREUNDER AND PROCEEDS
THEREOF TO WHICH THE CHARTERER IS ENTITLED SHALL BE THE CHARTERER’S SOLE
RECOURSE AGAINST AEGEANVIP AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND
AGENTS FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE OR LOSS OF PROFITS AND/OR ANY OTHER DAMAGES CLAIMED BY THE
CHARTERER OR ANY GUEST OF THE CHARTERER, EXCEPT TO THE EXTENT CAUSED BY
OR DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AEGEANVIP, ITS
AFFILIATES OR THEIR RESPECTIVE EMPLOYEES.
These limitations shall apply notwithstanding the failure of the essential purpose of
any limited remedy.
9.2 The indemnities contained in these Standard Charter Terms shall survive the
termination of any Agreement.
10. TERMINATION
10.1 Each Agreement may be terminated immediately upon written notice from
AEGEANVIP or the Carrier if the Charterer:
10.1.1 defaults in the payment of any amount payable hereunder on due date; or
10.1.2 behaves in a manner which in the reasonable opinion of AEGEANVIP is likely
to bring AEGEANVIP into disrepute or otherwise to compromise or adversely affect
the reputation and standing of AEGEANVIP.
11. EFFECT OF DEFAULT
11.1 If an Agreement is terminated, then the Charterer shall (without prejudice to
any other rights and remedies which the Carrier may have) pay forthwith to
AEGEANVIP, as payment gateway for the Carrier, all amounts then due and unpaid to
the Carrier hereunder, together with interest thereon (if any) and the Charterer shall
indemnify and keep the Carrier indemnified against all loss, damage, costs, expense,
claim or liability incurred or sustained by the Carrier as a result of such termination
and the Carrier shall be entitled to retain any initial deposit paid by the Charterer.
11.2 The Charterer shall indemnify the Carrier against any claims by any passenger
of the Charterer arising out of the termination of an Agreement.
12. SET-OFF AND APPLICATION OF MONEYS
Only AEGEANVIP, as payment gateway for the Carrier, may at any time without
notice to the Charterer at its discretion set-off any amounts paid by the Charterer to
the Carrier and/or AEGEANVIP hereunder against any amounts then due to the Carrier and/or AEGEANVIP under an Agreement or against any amount otherwise
due at such time from the Charterer to the Carrier and/or AEGEANVIP.
13. GENERAL
13.1 Any notice required to be given under an Agreement shall be in writing and
shall be deemed duly given if left at or sent by first class post, email or facsimile
message to the address herein stated of the party to whom it is to be given. Any
such notice shall be deemed to be served at the time when the same is handed to or
left at the address of the party to be served and if served by post on the day (not
being a Sunday or Public Holiday) next following the day of posting or if served by
email or facsimile message upon the day such message is sent.
13.2 Time shall be of the essence in respect of the Charterer’s performance of its
obligations under any Agreement.
13.3 Each Agreement sets out the entire agreement and understanding between the
parties or any of them in connection with the charter of the aircraft as described
herein.
13.4 No party has relied on any warranty or representation of any other party except
as expressly stated or referred to in an Agreement. The Carrier expressly disclaims
all implied warranties, obligations and liabilities arising by law or otherwise, with
respect to the Flights including without limitation any (a) implied warranty of
merchantability or fitness for a particular purpose; (b) implied warranty arising from
course of performance, course of dealing or usage of trade; or (c) implied warranty
of noninfringement.
13.5 No claims shall be made against the Carrier in respect of any representation
warranty indemnity or otherwise arising out of or in connection with the charter of
the aircraft except where such representation, warranty or indemnity is expressly
contained or incorporated in an Agreement.
13.6 No variation of an Agreement shall be effective unless made in writing and
signed by both parties.
13.7 The Charter Price, payment terms and other commercial terms contained in
each Agreement are confidential to the parties and may not be disclosed to third
parties without prior approval
13.8 No failure by the Carrier to exercise and no delay by the Carrier in exercising
any right, power of privilege hereunder shall operate as a waiver thereof nor shall
any single or partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other right, power, or privilege. The
rights and remedies herein provided are cumulative and are not exclusive of any
rights or remedies provided by law.
13.9 The Charterer shall not be entitled to assign the benefit of any Agreement.
13.10 Each Agreement shall be governed by and interpreted in accordance with
English law and the parties hereto hereby submit to the non-exclusive jurisdiction of
the English Court.
13.11 Charter Contracts (including any Special Terms) may be executed:
13.11.1 electronically (using electronic signature, advanced electronic signature,
email, or otherwise) or by physical (written) signature of the relevant Charter
Contract and/or Special Terms (as applicable). If the Charter Contract and/or Special
Terms (as applicable) is executed electronically, the Charterer and AEGEANVIP each
hereby irrevocably consent to such Charter Contract or Special Terms (as applicable)
being communicated, presented, and retained (wholly or partly) in electronic form;
and
13.11.2 in any number of counterparts, including electronic counterparts, each of
which (including electronic counterparts) will be an original but all of which together
will constitute one and the same instrument. No counterpart (including electronic
counterparts) shall be effective until each of the Charterer and AEGEANVIP has
executed at least one counterpart.
