TERMS AND CONDITIONS
1. These Terms and Conditions apply to the supply of aircraft on Charter by Dunhill Aviation Limited (“Dunhill Aviation”) to the Client on the exclusion of all other terms, conditions, warranties, and representations save as expressly provided herein. No variation of these Terms and Conditions shall be effective unless made in writing and mutually agreed by both parties.
2. Any aircraft provided by Dunhill Aviation is for the sole use of the Client and passengers agreed in advance by Dunhill Aviation. The Client shall not sell or otherwise make available for any gain, a seat on the aircraft to anyone who has not been agreed in advance by Dunhill Aviation.
3. Dunhill Aviation act as an ‘agent’ of the Carrier and deducts from the Charter Price a facilitation fee before transferring funds received from the Client to the Carrier.
4. The Charter Price is confidential between Dunhill Aviation, the Carrier and the Client and cannot be disclosed to others.
5. The Customer shall make prompt payment of all monies due under the Charter Agreement at the time, in the amount, currency and to the address specified in the agreement. Should the Client fail to make payment when due, Dunhill Aviation will cancel the charter and for any money paid, follow the cancellation policy as per point 19 of these terms. Any late payments will be subjected to point 30 of these terms.
6. Payment can be made by bank transfer, credit or debit card. In the event of payment being made via a credit or debit card, the Client shall be responsible for a 4% charge to cover card charges incurred by Dunhill Aviation and/or the Carrier. Credit and debit card charges are non-refundable.
7. Flights will only be confirmed once full payment has been received. The final cost of the flight is subject to crew availability, international over-flight permits, airport slots and airport parking being in place. Non-availability at any time may result in an increase in the Charter Price.
8. Dunhill Aviation shall not be liable for any loss or damage whatsoever suffered by the Client resulting from any delay, diversion, or cancellation of any flight by the Operator.
9. Should Dunhill Aviation be unable to perform its obligations in this agreement due to Force Majeure, they will be exempt from any or all liability in the event of the cause being beyond their reasonable control, including but not limited to war, riots, sabotage, strikes, weather conditions etc.
10. Should there be any increase after the date of the Charter Agreement in the Operator’s costs resulting from any increase in security costs, aviation insurance premiums, fuel, airport passenger duty, de-icing, Wi-Fi, Any associated Aircraft cleaning due to damage or similar costs relating to any part of the Charter that the Operator is entitled to pass on to Dunhill Aviation, Dunhill Aviation shall pass this cost increase to the Client which is to be paid immediately. Any late payment shall be subjected to term 30.
11. All aircraft are designated non-smoking unless confirmed to the Client in writing before the Flight. If smoking takes place onboard, the Client will be liable for all associated cleaning costs charged by the Carrier. The Client accepts all responsibility and costs associated with repair or additional cleaning required as a direct result of the carriage of any of their passengers.
12. The Client shall promptly provide Dunhill Aviation with such information in relation to passengers as may be required for the purpose of complying with all applicable regulatory requirements.
13. The Client shall be responsible for ensuring that each passenger is in possession of all necessary passports, visas, health certificates and other similar documents and for ensuring that passengers observe and comply with all laws, rules and regulations in relation to their travel. The Client shall be responsible for all immigration and customs charges in respect of passengers.
14. The Client shall ensure that all passengers and their baggage arrive at the check-in or departure point not later than the time specified. In the event of any passenger or baggage not being at the check-in or departure point at the required time, the Operator shall not be obliged to delay departure. In the event that the Operator agrees to delay departure or deviate from the planned route at the request of the Client, the Client shall be liable for all increased costs and charges thereby incurred. Should the client no show for the flight for any reason, no refund shall be given.
15. The Operator, in its absolute discretion, may refuse to carry any passenger or baggage, decide what load may be carried and its distribution, and make all other decisions regarding the operation of the Aircraft. The Pilot in Command of the aircraft (Captain) makes all final decisions – should the Client or any passengers be denied travel by the Captain, no refund shall be given.
16. All liabilities in relation to the carriage by air of passengers and their luggage shall be governed by the terms and conditions of the Operator, a copy of which is available on request.
17. Dunhill Aviation is not an air carrier and its liability to the Client shall be limited in any event to the Charter Price.
18. The Client shall indemnify Dunhill Aviation against any liability that Dunhill Aviation might incur as a result of any breach of contract by the Client or any act or omission of any passenger in the course of the carriage provided under the Charter Agreement.
19. If the Client wishes to cancel any Flight(s) after confirmation of the agreement, the following rates will be paid immediately by the Client to Dunhill Aviation as agreed compensation for such cancellation:
- 25% of the Charter Price if cancelled following contract exchange to 14 days prior to departure;
- 35% of the Charter Price if cancelled less than 14 days but more than 7 days to departure;
- 55% of the Charter Price if cancelled less than 7 days but no more than 48 hours prior to departure;
- 85% of the Charter Price if cancelled less than 48 hours but more than 24 hours prior to departure;
- 100% of the total Charter Price if cancelled within 24 hours of departure, or any discounted or empty leg promotion cancelled at any time after contract signed.
However, should the compensation amounts agreed with the Carrier be higher than the cancellation terms set out above, then the cancellation terms of the Carrier take precedence over the terms set out by Dunhill Aviation.
If a positioning flight to the point of departure is necessary, then the above cancellation fee periods will be considered from the time of cancellation to the date of departure of such positioning flight.
20. Any cancellation requested by the Client must be made in writing to Dunhill Aviation.
21. Dunhill Aviation shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft at its reasonable discretion.
22. If the Carrier is unable perform an agreed flight due to an aircraft technical failure or for any reason given by the Carrier, Dunhill Aviation will find a suitable replacement and shall communicate any additional costs to the Client, for which they will be liable. Should the Client choose not to accept the replacement, it will be deemed that the Client wishes to cancel and term 19 shall be followed. Should Dunhill Aviation not find a suitable replacement, they will indemnify and hold harmless the Client for any and all damages caused by the Aircraft’s unavailability.
23. In the event of any delay (other than due to technical reasons) or diversion of any Flight, the Client shall be solely responsible for any and all accommodation, meals, transportation and any other associated costs, expenses or losses, damages or liabilities of whatsoever nature incurred in respect of their passengers. For any costs or liabilities incurred by the Carrier, they will be reimbursed by the Client on demand.
24. No person shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Charter Agreement.
25. If any part of the Charter Agreement(including these Terms and Conditions)is considered by any Court or other competent authority to be unenforceable it shall be considered severable so as not in any way to affect the remainder of the terms.
26. The rights of Dunhill Aviation shall not be prejudiced or restricted by any indulgence or forbearance extended to the Customer or by any delay in exercising or failure to exercise any right.
27. The Client shall hold harmless and indemnify Dunhill Aviation from and against all claims, demands, liabilities and costs of any kind arising from the Client (or their passengers) defaulting on any part of the agreement.
28. The terms set out in the Charter Agreement shall supersede any previous agreement or communication between the parties hereto in relation to the Charter.
29. The Charter Agreement shall be governed by and construed in accordance with English Law.
30. Late payment for any reason will attract interest of 6%, calculated on a daily basis from the due date to the actual date of payment, compounded monthly.
REGISTERED ADDRESS: 167-169 GREAT PORTLAND STREET, 5TH FLOOR, LONDON, W1W 5PF COMPANY NUMBER:12988758