PRIVATE Jet or Helicopter CHARTER AGREEMENT, TERMS and CONDITIONS
Charterer: The Person (which shall include its representative(s) as applicable) making the Flight booking using www.billionairjet.com or www.helicopter-greece.gr whose details are set out in a Charter Contract.
Carrier: 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.billionairjet.com or www.helicopter-greece.gr (as applicable) as detailed in a Charter Contract
Intermediary: BillionAir Jet and its subsidiary company Helicopter-Greece who acts as an interface between the Charterer and the Carrier.
BillionAir Jet and its subsidiary company Helicopter-Greece with our online technology platform and 24 hour customer service Flight Team, acts as an interface between you (the Charterer) and our network of accredited Aircraft Operators. When booking a charter flight through www.billionairjet.com or www.helicopter-greece.gr you will be entering into a direct and legally binding relationship with the aircraft operator. From the time of booking, BillionAir Jet or its subsidiary company Helicopter-Greece 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.
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 BillionAir Jet or Helicopter-Greece invoice(s) issued in respect of a single Agreement (which includes BillionAir Jet or Helicopter-Greece 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 billionairjet.com or www.helicopter-greece.gr confirming an aircraft charter and Flight details.
- “BillionAir Jet” and its subsidiary company Helicopter-Greece means Greek registered companies member of the GR Executive P.C. Group, having its registered office at Kastelorizou street number 42 in Voula Attica and its Operations office at Athens International Airport Building 19, VAT number 801854379.
- “BillionAir Jet or Helicopter-Greece Tender Process” means the online process by which the Charterer submits a request for fulfillment of a Flight requirement. This is then responded to by one or more Aircraft Operators who can fulfill the Charterer’s itinerary requirements, submitting a quotation together with details of any Special Conditions or Charterer requirements.
- “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.
2.1 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 during the BillionAir Jet or Helicopter-Greece Tender Process).
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 BillionAir Jet or Helicopter-Greece as agreed compensation for such cancellation:
- 20% of the Charter Price if cancellation takes place after completion of an Agreement and more than 72 hours before departure time
- 40% of the Charter Price if cancellation takes place less than 72 hours , but more than 48 hours before the departure time
- 60% of the Charter Price if cancellation takes place less than 48 hours, but more than 24 hours before the departure time
- 100% of the Charter price if cancellation takes place less than 24 hours before the departure time or no-show of the passengers
- CHARTER PRICE AND PAYMENT
4.1 The Charterer shall pay BillionAir Jet or Helicopter-Greece 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 BillionAir Jet or Helicopter-Greece 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 installment thereof shall not be made on the due date then the Charterer shall pay to the Carrier interest on the amount unpaid at the rate of 6 % per annum above the base rate. 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 is agreed in Euros currency only as shown on the Charter Contract.
4.5 Payment of the Charter Price shall be made directly to the account specified by BillionAir Jet or Helicopter-Greece which is authorized to accept payment on behalf of the Carrier and received in cleared funds in such account. Full payment must be received on receipt of invoice to secure the aircraft (unless otherwise specified). At the request and cost of the Charterer, BillionAir Jet 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 The Charterer shall be responsible for reimbursing the Carrier on demand in respect of any de-icing costs incurred in connection with the performance of an Agreement. For a fee additional to the Charter Price, the Charterer may obtain a de-icing waiver through the Carrier. If the Charterer does not purchase a de-icing waiver, BillionAir Jet or Helicopter-Greece shall implement a credit card hold of the approximate cost of the de-icing. The customer will be informed before the flight of the credit card hold amount. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Agreement by Charterer in accordance with these Standard Charter Terms. If the Charterer fails to make such settlement, the Charterer agrees that BillionAir Jet or Helicopter-Greece shall be entitled to request payment of the sum on hold from the Charterer’s credit card.
4.8 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), BillionAir Jet or Helicopter-Greece will issue an amended or replacement Flight Confirmation and the Charterer will pay on demand any additional costs set out therein.
4.9 BillionAir Jet offers www.billionairjet.com and Helicopter-Greece offers www.helicopter-greece.gr as an Aircraft charter booking platform and both companies BillionAir Jet and Helicopter-Greece acts as a facilitator for Aircraft Operators and deduct from the Charter Price a facilitation fee before remitting funds received from the Charterer to the Carrier.
4.10 Payment of sums due under these Standard Charter Terms may be made by credit or debit card or Bank transfers. 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 Payments services directive the surcharge will be fully refunded within 7-10 working days once the eligibility can be verified. Debit and credit card charges are not refundable in the event of: (a)cancellation of Flight(s) or an Agreement, and/or (b) refund of pre-authorized payments taken by BillionAir Jet or Helicopter-Greece from the Charterer’s credit card pursuant to clause 4.13.
4.11 If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, the Carrier shall find a suitable replacement Aircraft. If Carrier’s efforts are successful, but the Charterer elects not to accept the replacement Aircraft found by the Carrier, BillionAir Jet or Helicopter-Greece shall be entitled to retain all sums due to it under these Standard Charter Terms (including BillionAir Jet or Helicopter-Greece fee for facilitating an Agreement). If Carrier’s efforts are unsuccessful, the Charterer’s sole remedy shall be a full refund of the Charter Price (including BillionAir Jet or Helicopter-Greece fee for facilitating an Agreement)
4.12 Unless agreed in advance of the Flight, WiFi or Air Hostess charges are not included within the Charter Price. Any charges by the Carrier for WiFi used or Air Hostess service, that was not included in the Charter Agreement will be passed onto the Charterer to be paid on receipt of invoice.
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.
- 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, fuelled 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 BillionAir Jet or Helicopter-Greece 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. BillionAir Jet and Helicopter-Greece 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.
- 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 BillionAir Jet or Helicopter-Greece 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.
- 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 BillionAir Jet or Helicopter-Greece (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 or Air Traffic 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 BillionAir Jet or Helicopter-Greece 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 over flight 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.
- OBLIGATIONS OF THE CHARTERER
8.1 The Charterer shall comply with all the requirements of the Carrier in relation to the performance of all of the Charterer’s obligations as set out in an Agreement.
8.2 The Charterer shall hold harmless and indemnify the Carrier and/or BillionAir Jet or Helicopter-Greece (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.
- EXCLUSION OF LIABILITY/INDEMNITY
9.1 Insurance. BillionAir Jet and Helicopter-Greece is not maintaining a non-owned aircraft liability insurance including bodily injury to passengers and property damage. BillionAir Jet and Helicopter-Greece are cooperating only with AOC licensed Aircraft and Helicopter Operators who are maintaining liability insurance for their own Aircraft.
9.2 Liability. (i) BillionAir Jet or Helicopter-Greece 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) BillionAir Jet or Helicopter-Greece 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) BillionAir Jet or Helicopter-Greece 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 BillionAir Jet or Helicopter-Greece, its affiliates, officers, employees and agents against any costs, claims, damages or liability of any sort that may fall upon BillionAir Jet or Helicopter-Greece by reason of any act or omission of the Charterer, its assignees, agents, employees and invitees.
BillionAir Jet or Helicopter-Greece 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, labour disputes causing cessation, slowdown or interruption of work, supplies, parts or materials, or any other cause not within the direct control of BillionAir Jet or Helicopter-Greece.
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 BILLIONAIR JET AND HELICOPTER-GREECE 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 BILLIONAIR JET AND HELICOPTER-GREECE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES.
These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
9.3 The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.
10.1 Each Agreement may be terminated immediately upon written notice from BillionAir Jet or Helicopter-Greece 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 BillionAir Jet or Helicopter-Greece is likely to bring BillionAir Jet or Helicopter-Greece into disrepute or otherwise to compromise or adversely affect the reputation and standing of BillionAir Jet or Helicopter-Greece.
- 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 BillionAir Jet or Helicopter-Greece, 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.
- SET-OFF AND APPLICATION OF MONEYS
Only BillionAir Jet or Helicopter-Greece, 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 BillionAir Jet or Helicopter-Greece hereunder against any amounts then due to the Carrier and/or BillionAir Jet or Helicopter-Greece under an Agreement or against any amount otherwise due at such time from the Charterer to the Carrier and/or BillionAir Jet or Helicopter-Greece.
13.1 Any notice required to be given under an Agreement shall be in writing by email to email@example.com .
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 Greek law and the parties hereto hereby submit to the non-exclusive jurisdiction of the Greek Courts.
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 BillionAir Jet or Helicopter-Greeece 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 BillionAir Jet or Helicopter-Greece has executed at least one counterpart.
14.1 All passengers boarding aircraft shall present their Passport or ID whenever requested. The Captain reserves the rights to scan the passengers and their luggage using a metal detector if he deems it necessary. Refusal or failure to present identification documents may lead to a cancellation of the flight and no refund shall be made. The Captain reserves the right to deny boarding to any passenger that seems to be or is acting as if he or she is intoxicated or drunk. In case the Captain denies boarding under that circumstances no refund will be made to the Charterer.
- EXTRA CHARGES
15.1 Waiting, Second Pilot for helicopters,Overnight stay will be charged additionally and are subject to availability.
15.2 Waiting time and Overnight charges are only applicable when the same passengers are on board both legs.
- WEIGHT LIMITATIONS-BAGGAGE
All Aircraft and Helicopters are subject to limitation for passengers and baggage. Charters are obliged to provide BillionAir Jet or Helicopter-Greece all passengers names and actual weights as well baggage weights and dimensions (if required)before the commencement of the flight. The Captain reserves the right to deny performing a flight where weight limitation exceedance is noted or when the baggage are overweight or oversized and cannot safely fit inside the baggage compartment.
- LIST OF PROHIBITED ARTICLES
With prejudice to the existing cabin safety regulations, passenger are not permitted to carry the following items into the security restricted areas and the cabin of an aircraft
- Arms,Firearms,Guns, Weapons and other devices capable or which appear likely to cause severe injuries. In exceptional cases when approval has been granted, the Carrier will ensure that guns,weapons or ammunition are stowed in a place that is inaccessible during the flight and in case of firearms they are unloaded.
- Paralysis devices-devices designed to cause paralysis or immobilization
- Objects with sharp point or sharp edge, capable to cause severe injury
- Professional tools capable of causing severe injury or to threaten the safety of the aircraft
- Tools with sharp edges, capable of causing severe injury when used aggressively
- Explosives and incendiary materials and devices,capable or to seem likely to be used in order to cause severe injury or to threaten the safety of the aircraft
- Liquids,aerosols,gels, beverages,cream,glue,lotion,perfume,shampoo etc according to the European Commission Regulation 1546.06
PLEASE BE INFORMED THAT THIS IS NOT A COMPLETE LIST OF HAZARDOUS MATERIALS.
CARRYING DANGEROUS GOODS ONBOARD AN AIRCRAFT IS AN OFFENSE AND IF IN DOUBT, ASK BILLIONAIR JET, HELICOPTER-GREECE, THE CARRIER OR THE CAPTAIN FOR CLARIFICATIONS.