Terms & Conditions

1. DEFINITIONS

In this Agreement, unless otherwise specified:

• “Agreement” refers to these Terms, including the Aircraft Charter Agreement, Schedule, and any appendices or attachments.
• “Aircraft” means any aircraft (including helicopters) currently operated in relation to any Flight.
• “Base Date” indicates the specified base date in the Schedule.
• “The Carrier” represents the operator of the Aircraft as mentioned in the Aircraft Charter Agreement.
• “The Charterer” refers to the individual, company, or corporate entity entering into this Agreement, as identified in the Air Charter Agreement.
• “The Supplier” pertains to “HydeJets AB.”
• “Charter Price” denotes the amount stated in the Agreement.
• “Flight” signifies a flight described in the Aircraft Charter Agreement.
• “Schedule” refers to the schedule outlined in the Air Charter Agreement.

 

2. CHARTER PRICE AND PAYMENT

2.1 The Charterer agrees to pay the Supplier the Charter Price at the specified time, in the designated currency, in the determined amounts, and to the address indicated, following the provisions outlined in the Schedule.

2.2 The Charter Price mentioned in the Schedule is based on the calculation of aviation fuel costs on the Booking Date. If, for any reason, there is an increase in the cost of aviation fuel between the Booking Date and the date of any Flight operation, the Charterer shall, if requested by the Carrier, compensate the Supplier with the full amount of such increase.

2.3 The Charter Price should be directly paid through bank wire transfer to the account specified in the invoice issued by the Supplier, upon receipt of the invoice or prior to departure, whichever occurs first.

2.4 If the Charterer opts to make payment using a credit or debit card, they shall be responsible for additional credit card charges (currently 4%) incurred by the Supplier or the Operator for facilitating such payment. These debit and credit card charges are non-refundable in case of Flight(s) or Aircraft Charter Agreement cancellation.

2.5 The timing of the Charter Price payment is of utmost importance in this Agreement.

2.6 The Charterer is not entitled to withhold payment of any sums payable to the Supplier under this Agreement or for any other carriage based on any set-off or counterclaim. In the event that the Charterer is required to withhold any part of the payment or make any deductions, they shall pay an additional amount to ensure that the Supplier receives the full payment.

2.7 If the Charterer fails to make the payment by the specified date in the Air Charter Agreement, the Supplier, without prejudice to any other rights or remedies, may cancel this Agreement with no further liability towards the Charterer. In such a case, the Charterer will be liable for cancellation charges as per Clause 3.

2.8 The Charter Price excludes any changes to the itinerary agreed upon in the Air Charter Agreement, aircraft de-icing (including on positioning, de-positioning, or ferry legs), fuel surcharges imposed by the Carrier, war risk insurance costs, additional crew expenses, extra landings, re-routes, demurrage or flight hours, as well as any additional catering orders, internet usage, Wi-Fi or in-flight telephone services, or ground transportation (if applicable). If any of the mentioned items apply, the Charterer must make payment within 7 days upon receipt of the invoice.

2.9 If, for any reason, the Charter Price or any installment is not paid on the due date, the Charterer shall pay the Supplier an interest rate of 2% per month above the base rate of Swedbank SE, calculated on a daily basis from the due date until the date of payment (both before and after judgment), compounded monthly.

3. CANCELLATION AND TERMINATION

3.1 If the Charterer intends to cancel any Flight(s) covered by this Agreement, the Charterer must promptly pay the following cancellation charges to the Supplier as agreed compensation (unless otherwise specified in the Aircraft Charter Agreement):

• 40% of the Charter Price if canceled more than 7 days before departure.
• 60% of the Charter Price if canceled less than 7 days but more than 48 hours before departure.
• 80% of the Charter Price if canceled less than 48 hours but more than 24 hours before departure.
• 100% of the Charter Price if canceled within 24 hours of departure. Note: The positioning flight date is considered the departure date (this may not always be the same as the day of departure, as it is occasionally necessary to position the previous day to accommodate early departures, crew duty, etc.).

3.2 This Agreement may be terminated immediately upon notice from the Supplier to the Charterer in the event of any of the following:

3.2.1 The Charterer fails to make payment of any amount due under this Agreement by the specified date. 3.2.2 The Charterer breaches any other obligations under this Agreement, which, if remediable, has not been remedied within 14 days of receiving written notice from the Supplier. 3.2.3 The Charterer admits in writing its inability to pay its debts or becomes insolvent. 3.2.4 A petition is presented for an administration order related to the Charterer. 3.2.5 Proceedings are initiated or steps are taken for the winding-up or dissolution of the Charterer, or for the appointment of a receiver, administrative receiver, trustee, supervisor, or similar officer for the Charterer or its revenues and assets. Alternatively, if the Charterer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1996. 3.2.6 An encumbrancer takes possession of any of the Charterer’s revenues or assets, or any security created by the Charterer becomes enforceable, and the mortgagee or chargee takes action to enforce it (including appointing a receiver or administrative receiver for any of the Charterer’s assets). 3.2.7 The Charterer calls a meeting or takes steps for the purpose of making or proposing any arrangement or composition for the benefit of its creditors. 3.2.8 A distress or other execution is enforced upon any part of the Charterer’s property. 3.2.9 The Charterer suspends or ceases its business or threatens to do so, or sells, leases, transfers, or disposes of, or threatens to dispose of, all or a substantial part of its undertakings or assets (whether in a single transaction or a series), or if all or a substantial part of its assets are seized or appropriated by any governmental or other authority, or are compulsorily acquired. Also, if any similar events occur in any jurisdiction where the Charterer operates its business. 3.2.10 According to the Supplier’s judgment, there is a material adverse change in the Charterer’s business, assets, condition, operations, or prospects. 3.2.11 Any of the events specified in this Clause 3 occur in relation to any guarantor of the Charterer’s obligations under this Agreement.

4. AIRCRAFT AND CREW

4.1 The Supplier will arrange for the Carrier to provide the Aircraft at the beginning of the Flight, adequately manned, equipped, fueled, and airworthy, in compliance with the laws and regulations of the state where the Aircraft is registered. The Aircraft shall be operated in accordance with all applicable laws and regulations during the Flight(s).

4.2 The captain of the Aircraft has full authority to make decisions regarding the preparation of the Aircraft for flight, whether or not a Flight will be undertaken or abandoned once initiated, any deviations from the proposed route, the choice of landing locations, and all other matters related to the operation of the Aircraft. The Charterer must accept all such decisions as final and binding.

4.3 All ground and operating personnel, including cabin staff, are authorized to take instructions solely from the Carrier, unless there is a specific written agreement obtained from the Carrier allowing certain defined instructions to be accepted from the Charterer.

4.4 The Supplier reserves the right to substitute the Aircraft and/or the Carrier at its discretion and without prior notice. In such cases, the substitute aircraft and carrier will be considered the designated Aircraft and Carrier under this Agreement.

 

5. TRAFFIC DOCUMENTS

The Carrier will provide or ensure the provision of passenger tickets, baggage checks, air waybills, and any other necessary documents related to the carriage as per this Agreement. The Charterer must provide all necessary information and assistance to the Supplier in order to complete these documents promptly after the Agreement is made, and in any case, with sufficient time for issuance to passengers.

 

6. FLIGHT TIMES, LOADING AND EMBARKATION

6.1 The Charterer is solely responsible for ensuring that passengers and their baggage arrive at the designated check-in point at the departure airport with sufficient time to be accommodated on the Flight. If any passenger of the Charterer fails to arrive on time, neither the Supplier nor the Carrier shall be liable to the Charterer or the passenger. The Supplier and/or the Carrier are not obligated to make alternative arrangements for such passengers. If, at the Carrier’s absolute discretion, any such passenger is accommodated on a later flight, the Charterer must pay the Supplier the additional amount specified for each passenger, covering applicable passenger taxes and administrative costs incurred by the Carrier and the Supplier.

6.2 In the event of any delay (excluding delays due to technical reasons for which the Carrier is responsible), deviation, or diversion of a flight, the Charterer is solely responsible for any additional costs, expenses, losses, damages, or liabilities of any nature incurred for the Charterer’s passengers. These may include accommodation, refreshments, meals, transportation, or any other related expenses. The Charterer must reimburse the Supplier for all such costs, expenses, losses, damages, or liabilities incurred by the Carrier upon demand.

6.3 If any passenger of the Charterer is denied entry at a destination airport, the Charterer must indemnify and hold harmless the Carrier, the Supplier, their respective officers, employees, servants, and suppliers from any and all costs or expenses incurred by the Carrier or the Supplier in relation to such refusal of entry. This includes charges, fees, penalties, imposts, or other expenses imposed on the Carrier or the Supplier by immigration authorities, as well as any arrangements made by the Carrier and/or the Supplier to repatriate such passengers to their original country of departure.

6.4 If, prior to the scheduled departure time, the Aircraft becomes unavailable or inoperable for any reason, the Supplier will make efforts to find another suitable Carrier at the same price. If this is not feasible, the Supplier will seek an alternative Aircraft at a price as close as possible to the Charter Price and present it to the Charterer for acceptance. If the Supplier is unable to provide another Aircraft or if the Charterer does not accept any available alternatives, the Supplier will refund the Charter Price to the Charterer, and no further liability will be held by the Supplier towards the Charterer. However, the Charterer remains responsible for payment of any part of the Flight Schedule that has already been operated.

 

8. EXCLUSION OF LIABILITY/INDEMNITY

8.1 The Supplier shall not be held liable to the Charterer or any passenger of the Charterer for any changes, cancellations, or unavailability of seats that result from the actions or omissions of the Carrier. The Charterer acknowledges that in such events, their recourse shall solely be against the Carrier.

8.2 The Supplier shall not be liable to the Charterer for any failure to fulfill their respective obligations under this Agreement due to force majeure, labor disputes, strikes, lock-outs, or any other cause beyond the control of the Supplier or the Carrier, including accidents, failures, or malfunctions of the Aircraft, engines, or any other equipment associated with it.

8.3 The Charterer shall indemnify the Carrier and the Supplier against any claims made by any passenger of the Charterer arising from the aforementioned variations, cancellations, non-availability, or failures to perform. However, if the Supplier receives any refund from the Carrier for such varied, canceled, or unperformed Flights or unavailable seats that have already been paid for by the Charterer, the Supplier shall (subject to Clause 10 and provided the Charterer has fulfilled its obligations under this Agreement) repay the refund to the Charterer.

8.4 The Charterer shall indemnify the Carrier and the Supplier against any losses, damages, liabilities, costs, or expenses incurred by the Carrier, the Supplier, their officers, employees, or subcontractors due to any act or omission of the Charterer, its officers, employees, or suppliers, whether arising from a contract, tort (including negligence), or otherwise.

8.5 The Carrier and the Supplier shall not be considered as common carriers in relation to the carriage covered by this Agreement.

8.6 Carriage performed under this Agreement shall be subject to the conditions of carriage stated or referred to in the Carrier’s traffic documents, including its General Conditions of Carriage.

8.7 Except as provided by the Warsaw Convention and/or the Montreal Convention, the Supplier shall not be liable for any death, injury, or personal claims of any nature, including death, bodily injury, delay, loss, or damage to baggage or cargo, whether arising from a contract or tort, and whether caused by the Supplier, the Carrier, their officers, employees, or agents. The Charterer hereby waives all rights and claims against the Supplier and releases the Supplier, its officers, employees, and agents from any such claims, except in cases of willful misconduct or gross negligence on the part of the Supplier, its officers, employees, or agents.

8.8 The indemnities outlined in this Clause 8 shall remain in effect even after the termination of this Agreement.