This Aircraft Charter Service Contract (“ACSC”) is made on the date mentioned above between Excelljets S.A. (” Excelljets “) and the Client (“Client”) named in the ACSC document to which these GT&C are attached.
Reservation of Services
Excell’Jets is an air charter services provider and only acts as an intermediary between an Aircraft Operator (“Operator”) and the Client. Excell’Jets is not an air carrier, does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of Operators or third parties or events of force majeure in connection with the ACSC. Excell’Jets is not a party to a contract of carriage (which may be entered into by the Client and the Operator) and bears no obligation in relation thereto. The Client hereby acknowledges to Excell’Jets that in any such event he/she shall only have recourse against the Operator.
The Client covenants with Excell’Jets that the Client:
(1) Accepts full responsibility for the cleaning or the repairing of the aircraft cabin if damages take place during the execution of this ACSC, or if for whatever reason the cabin is not left at the end of the ACSC in the same condition that it was found at the beginning of the ACSC.
(2) Will comply with all laws and governmental orders, rules and regulations in force at the time to time relating to the use of the aircraft
(3) Will not use the aircraft for any illegal purpose or for providing transportation of passengers or cargo for compensation or hire
(4) Will only use the aircraft to fly the Client, guests, officials and employees
(5) Accepts responsibility to ensure all passengers travelling are legally authorized to undertake the air transportation, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
Identity of the Operating Carrier
Excell’Jets shall inform the Client of the identity of the Operator upon completion of the reservation by the Client, and as soon as the identity of the new Operator is known in case of change of Operator.
The Captain of the aircraft is entitled to take all necessary safety precautions at anytime, including the full authority to make decisions on payload (passengers, luggage, cargo), planned route, timing and ultimate landing destination. Neither Excell’Jets nor the Operator are liable for any loss, damage, costs or claims or whatosever nature arising as a result of any such decision.
If the planned route, timing or destination must be changed due to the unruly conduct of a passenger, the Client will be liable for the complete flight price in full, plus any additional cost caused by any diversion. If the Captain has landed at a place not specified in the ACSC for any purpose related to the safety of the aicraft and passenger and it may be reasonably expected that the Captain will be unable to resume the flight within a short time after such landing, the ACSC shall be considered completed and the price duly earned.
The transportation (by road, sea or air) to the final destination is the sole responsibility of the Client The Client in such event has no right to damages or compensation and the operator will have no further obligation or liability in relation to the ACSC.
If the Client is not ready to commence the flight as per the itinerary on the ACSC, for any reason that the Client is responsible for (late arrival, missing passengers, cargo, documents, visas) the Client will owe the Operator a demurrage fee of Euro 350 per hour, for each commenced hour of delay.
In addition, the new departure time (take—off slot) and/or the new arrival time at destination (landing slot) will be re—allocated by the relevant airport’s Air Traffic Control, and the Operator is not liable for any delay or damages caused by such possible delay, which can extend to the following day, or the next airport opening day.
The cancellation fees are listed on the ACSC, and are non—negotiable in case of cancellation of the charter by the Client.
If by reason of any circumstances whatsoever beyond the control of the Operator, Excell’Jets or the Client as the case may be, including (but without prejudice to the generality of the foregoing) war, hijacking, riots and commotion, strikes, lock—outs, interferences of government authorities or their officials, fire, explosions, requisitions, blockade, embargo, flood, fog, Act of God, mechanical failure, breakdown or accident to the aircraft, the Operator shall be unable to fly or continue to fly the aircraft or the Client shall be unable to take up any flight to be operated hereunder, neither the Operator nor Excell’Jets shall be liable for the delay or non—performance of any such flight. The liability of the Operator to the Client shall be limited to the repayment to the Client of the charter price or of such part of flying hours as proportionally unused of the charter price. In this case Excell’Jets will endeavour to find an alternate Operator and aircraft for the completion of the flight, and a new and separate ACSC shall be presented for approval by the Client.
The Client agrees that he/she will not be entitled to recover, and hereby disclaims and waives any right that it may otherwise have to recover, lost revenues or profits or consequential damages as a result of any breach or alleged breach by Excell’Jets of any of its obligations under this ACSC or for any other reason. Excell’Jets will not be liable to the Client for any indirect or consequential damages caused directly or indirectly by any delay or failure to perform the flight on the aircraft. The Client confirms that it is fully aware of the provisions of this clause and that the charter price and other amounts have been calculated taking into account such provision. All references to Excell’Jets’ liability in these GT&C shall include its directors, officers, employees, servants, agents and subcontractors.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Switzerland. Any dispute arising out of or in connection with this ACSC shall be submitted to the exclusive jurisdiction of the courts of Annecy, France