Definition of Terms included in these Standard Terms and Conditions are as follows:
- The Agreement – any agreement between the Company and the Charterer for the charter of aircraft and provision of any related services by the Company, normally, but not exclusively consisting of a written quotation which has been counter-signed as acceptable by the Customer
- The Aircraft – any aircraft which is the subject of a charter agreement between the Company and the Charterer
- The Charter – the flights and related services which are the subject of the Agreement
- The Charterer – any person or corporate body chartering or offering to charter any aircraft from the Company
- The Company – Cranfield Helicopter Charter Ltd/Top Flight Helicopters Ltd
- The Operator – Helicharter Limited, or other holder of an Air Operators Certificate issued by the Civil Aviation Authority as will be advised by the Company in the Agreement
The Company shall engage the Operator to provide for the Charterer’s sole use of the Aircraft, suitably manned and equipped to fulfil the requirements of the Charter. The Company reserves the right to substitute alternative Aircraft or Operators as needed for operational reasons, subject only to these being of a standard which is required to satisfy the requirements of the Charter. The Company and/or Operator will obtain all necessary permissions required to fulfil the Charter. The pilot of the Aircraft shall have absolute discretion to refuse to carry any passenger, baggage or cargo; to determine how passengers, baggage and cargo are loaded in the Aircraft; when and how the Aircraft can safely and legally meet the requirements of the Charter including the choice of landing locations; and in all other respects related to the legal and safe operation of the Aircraft. In the event that it is necessary for operational reasons to divert from a planned destination to an alternative, best efforts will be made by the Company and Operator to minimise any inconvenience caused. However, landing at the alternative location will be deemed to have satisfied the requirements of the relevant part of the Charter, and any incremental costs incurred as a result of this will be chargeable to the Charterer. Any ancillary services, including but not limited to ground transportation and catering, will be defined in the Agreement.
3. Charterer’s Obligations
The Charterer shall advise the Company as soon as practicable of any change in their requirements for the Charter, including, but not limited to routing, passenger details, baggage and timing. The Company will endeavour to accommodate any such changes, but where for operational or other reasons this is not possible, and the Charter cannot be fulfilled in whole or in part as described in the Agreement, normal cancellation charges will apply, as described in Paragraph 5 below. Where any such changes result in increased costs for the Company, as far as is practicable these will be advised to the Charterer at the point where the change is requested, but in any event these additional costs will be treated as a mutually agreed amendment to the Agreement and will be due by the Charterer to the Company.
4. Commercial Terms
The price quoted in the Agreement covers all known costs to meet the requirements of the Charter and related services. Where a fixed price cannot be established in advance of the Charter, the basis of the estimated price will reflect the information made available to the Company by the Charterer, and the Charterer acknowledges that he/she is liable for the actual costs of completing the Charter. All taxes, duties and other third party charges, including but not limited to landing fees, are included in the price quoted unless otherwise stated. The price quoted will be invoiced by the Company to the Charterer one calendar month prior to the Charter, or on acceptance of the Agreement by the Charterer if later. A deposit of 10% will be immediately payable, and the Charter will not be confirmed until this deposit has been received by the Company. The balance of the invoiced amount must be received in full to the Company bank account as stated on the invoice not later than two working days (i.e. excluding weekends and public holidays) before the starting date of the Charter. Any additional charges incurred as described in Paragraph 3 above, and any reconciliation of estimated cost against actual cost will be invoiced as soon as practicable following the Charter and will be due for settlement within 7 calendar days of invoice.
Cancellation of the Charter following the Agreement must be notified in writing and/or fax to the Company, and any such cancellation will then be confirmed in writing and/or fax by the Company to the Charterer. Unless otherwise stated in the Agreement, cancellation charges will be levied as follows:
- Up to 7 calendar days prior to the start of the Charter
- 10% of the total Charter price
- Cancellation with between 2 and 6 calendar days notice
- 20% of the total Charter price
- Cancellation with less than 2 days notice, including no show is 50% of the total Charter price
Cancellation after the Charter has commenced, unless agreed as a change under the provisions of Paragraph 3 above, will result in the full Charter price being payable. At the sole discretion of the Company, the Charter can be rescheduled if requested by the Charterer, in which case some or all of the cancellation charges may be waived.
Helicopter training is conducted by the Top Flight Helicopters team under the ATO of Cranfield Flying School and are conducted from Cranfield Airfield.