Aircraft Charter Terms & Conditions

 

The Terms and Conditions hereby issued shall apply to all contracts for the Charter of Aircraft from Asian Aerospace.  

No variation or amendment to these Terms and Conditions shall become effective unless agreed and varied or amended by Asian Aerospace and the Charterer in writing.  

Where a person, firm, or company enters into the Contract as agent of the Charterer, such person, firm, or company shall be jointly and severally liable with the charterer for the payment of the final agreed charter price.

    1. DEFINITIONS

  1. In these conditions, the following expressions shall have the following meaning:

    • The Carrier: Asian Aerospace Corporation is registered with the Civil Aviation Authority of the Philippines (CAAP), the Civil Aeronautics Board (CAB), and possessing the appropriate Air Operator’s Certificate.
    • The Charterer: Any natural or juridical person chartering or offering to charter any aircraft from the Carrier.
    • The Contract: Any agreement or contract between the Carrier and the Charterer for the charter of aircraft from the Carrier.
    • The Aircraft: Any aircraft, which is the subject of a charter Contract between the Carrier and the Charterer.
    • The Charter: The flight(s) described in the Charter Contract between Carrier and Charterer.
    • The Charter Price: The price payable by the Charterer to the Carrier in exchange for performing the Charter.
    • The Flight Schedule: The agreed dates, times, numbers of passengers, catering requirements, and points of departure and arrival for each flight that constitutes part of the contract.
  2. 2. AIRCRAFT AND CREW

    • The Carrier shall provide for the Charterer’s use of the Aircraft based on the Charterer’s requested Flight Schedule, crewed with fully licensed and qualified pilots, and equipped for the performance of the Charter. Any additional services shall be specified within the Contract.
  3. 3. SUBSTITUTION OF AIRCRAFT

    • In the event that the Carrier is unable to perform any part of the Charter, the Carrier shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft.
    • To the extent that such substitution involves additional costs, such additional costs shall be notified to the Charterer, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage in which event the Carrier shall refund the agreed Charter Price.
  4. 4. CAPTAIN’S DISCRETION

  5. The Captain of the aircraft shall have absolute discretion: –

    • To refuse any passenger(s), baggage, or cargo;
    • To decide what load may be carried on the Aircraft and how it shall be distributed;
    • To decide whether and when a flight may be safely undertaken and where and when the Aircraft should be landed.
  6. 5. LOADING AND PACKING

    • Subject as otherwise provided within these Terms and Conditions, loading and unloading of the Aircraft shall be at the expense of the Carrier;
    • The Charterer shall ensure that any goods to be transported are sufficiently and properly packed for carriage and shall supply adequate damage and tie down material, taking into account all reasonable demands of the Carrier and the Captain, and where necessary, complying with IATA Restricted Articles Regulations (or other Regulations as may be applicable), a copy of which is available for inspection at the offices of the Carrier;
    • Charges for ground transportation, warehouse handling, warehouses and customs clearance shall be at the expense of the Charterer.
  7. 6. CHARTER PRICE

    • The Charterer shall pay to the Carrier the agreed Charter Price (as cleared funds) not less than 72 hours prior to the commencement of the agreed schedule unless a different credit period has been agreed to in writing by the Carrier and Charterer.
    • All payments shall be made to the Carrier in full, without withholding any deduction, set-off, counterclaim, or the like.
    • Non-payment of the Charter Price within the agreed payment period shall be treated by the Carrier as cancellation of the Charter, subject to the provisions in clause 14 below.
    • The provisions of clause 8 below may have effect on any final Charter Price.
    • The Carrier shall be entitled to claim interest on the amount overdue at the rate of 2%, or part thereof, compounded monthly, deemed effective on the satisfactory completion of the planned itinerary.
    • Credit Cards are accepted by arrangement and a 5% web administration fee will be added to the agreed Estimated Total Charter Price and all succeeding charges, if any, due to any of the above clauses.
  8. 7. CARRIERS PROTECTION AGAINST INCREASED COST

    • If after the signing and dating of the Charter Contract, there are increases in security costs, aviation insurance premiums, fuel costs, airport passenger duties, taxes, or similar costs, aircraft de-icing or the effects of volcanic eruption not otherwise anticipated, and without limitation, relating to the agreed schedule or any part of the Charter, the Carrier shall be entitled to increase the Charter Price accordingly.
    • The Charterer accepts and will be liable for any additional costs incurred after commencement of and during the agreed schedule where the Charterer may request any substantive change to the schedule, its agreed timings, additional flying services, or extends the charter where further costs (without limitation) are incurred. “Variation From Flight Schedule” Clause also applies.
  9. 8. NON-PERFORMANCE OR DELAYS

    • If the Flight Schedule is delayed, postponed, or otherwise cancelled due to the acts of the Charterer, his agent(s), representative(s), or any passenger on the pertinent Flight Schedule (e.g. Passenger(s) arrival within fifteen (15) minutes before the scheduled departure time), the Charterer shall bear all further costs incurred as a result of such delay, postponement, or cancellation.
    • In case of gross delay of the Charterer, its agent(s), representative(s), or any passenger on the pertinent Flight Schedule (i.e. arrival later than two hours after the scheduled departure time), Carrier reserves the right to depart as scheduled, or in the alternative and at its sole discretion, elect to delay the flight, in which case, demurrage shall run against the Charterer at a rate equivalent to 10% of the Aircraft’s hourly rate for each hour that the flight is delayed. Provided that any fraction of one hour shall be considered one full hour.
  10. 9. FLIGHT SCHEDULE

    • Where the Charterer wishes to make change to the agreed Flight Schedule with respect to date, route, time, passenger load, catering, or any other previously agreed parameter and the Carrier is able to accommodate such change, the Charterer shall be responsible for all further costs incurred by the Carrier.
    • The Carrier shall use all reasonable means to complete the Flight Schedule, but shall be entitled to depart from the Flight Schedule for causes beyond its reasonable control. If any, Carrier shall notify Charterer of any costs over and above the Charter Price, which the Charterer shall reimburse on demand.
    • The Charterer agrees that while the Flight Schedule includes allowances for Aircraft Ferry Flights where needed, the Carrier will not be liable for delays due to operational concerns brought about by factors uncontrolled by the Carrier (i.e. airport slotting, airport traffic, police inspections).
    • Aircraft Ferry Flights are flights that, at the discretion of the Carrier, may or may not have passengers or cargo onboard, but are required to position the Aircraft from: –
      • Aircraft’s current location to the Charterer’s requested pick-up point, airport, or landing zone, or closest possible airport or landing zone;
      • Charterer’s drop-off point, airport, or landing zone to the designated Aircraft Parking location and vice versa;
      • Charterer’s drop-off point, airport, or landing zone to the Carrier’s hangar or Aircraft’s assigned location in preparation for its next Flight.
    • The loading of passengers, baggage, and cargo for Aircraft Ferry Flights, flights that are not included in the Flight Schedule, or where the Charterer or anyone acting on its behalf will not be present will be at the sole discretion of the Carrier.
    • The Flight Schedule is confirmed by the representative of the Carrier to the Charterer upon confirmation of booking or reservation, based on the availability of the Aircraft, crew, airport or landing zone, and all the necessary requirements to operate the Aircraft and fulfill the Flight Schedule at the time of confirmation of booking or reservation.
  11. 10. WAITING AND OVERNIGHT

    • Demurrage or “Waiting Fee” is applied on scheduled and unscheduled Waiting Time, Standby Time, or Delay Time before, in between, or after the Flight Schedule, which includes standby or delay times for airport movement clearances or slotting availability.
    • The Charterer accepts that the standard fee for the Waiting Fee is 10% of the Aircraft’s standard hourly rate; however, if the Carrier offers to provide complimentary Waiting Fee for the first three hours, the fourth hour will be chargeable to the Charterer at 30% and each hour thereafter at 10% of the Aircraft’s standard hourly rate.
    • The Charterer agrees to be liable for the Aircraft’s Remain Overnight (“RON”) Fees, scheduled or unscheduled, in addition to the Flight Crew’s reasonable meals, transportation, and accommodations.
    • Each night the Aircraft Remains Overnight outside the Carrier’s hangar, the Charterer will be charged 50% of the Aircraft’s standard hourly rate, in addition to Flight Crew’s reasonable meals, transportation, and accommodations, Airport or Landing Zone parking and security fees, lighting fees, and other third-party charges that may arise due to the Aircraft remaining outside of the Carrier’s hangar.
  12. 11. DIVERSION

    • If for any reason beyond the Carrier’s control, the Aircraft is diverted from the destination agreed in the Flight Schedule, the pertinent Flight Schedule shall be deemed to be completed when the Aircraft arrives at that other destination.
  13. 12. CANCELLATION

  14. In the Event of cancellation of the Charter, or any part of it, by the Charterer, the Carrier shall be entitled to claim the following from the former as liquidated damages: –

    • 25% of the Charter Price if the cancellation occurs between 72 hours and 48 hours before the first scheduled departure time;
    • 50% of the Charter Price if the cancellation occurs between 48 hours and 24 hours before the first scheduled departure time;
    • 100% of the Charter Price if cancellation is received less than 24 hours prior to or after the first scheduled departure time.
    • All cancellations shall be made in writing to, and acknowledged and accepted by the carrier (by email or post), otherwise, Charterer will be considered “No Show,” wherein the Flight is cancelled and full payment must be made to Carrier.
    • Cancellation charges are exclusive of any expenses already incurred by the Carrier prior to cancellation.
    • The charges above are without prejudice to the right of the Carrier to seek redress, judicial or otherwise, against the Charterer all other damages suffered by it due to said cancellation.
    • No charge will be made if a flight its cancelled if such cancellation is due to adverse weather conditions, fortuitous event, or other operational reasons whereby the Carrier, in its absolute discretion considers that it would be unsafe or impracticable to proceed with the flight.
    • No charge will be made for cancellation in cases where the Carrier accepts responsibility.
    • In the event of cancellation by the Carrier as defined in 12.7, the Carrier shall endeavor to provide the Charterer with an alternative mode of transportation at no additional cost, other than the agreed Charter Price.
    • The Charterer holds the Carrier, its agents, officers, and shareholders, harmless against claims brought about by losses – direct or indirect – suffered by passengers and/or customers brought about by a delayed, postponed, or cancelled flight.
  15. 13. LIABILITY OF CARRIER

    • The Carrier does not undertake any carriage as a common carrier.
    • Except as expressly agreed upon, the Carrier, its agents, employees, and shareholders, shall not be liable to the Charterer for any loss or damage that the latter may suffer in connection with the Flight Schedule, unless required by applicable law.
    • The Charterer agrees to indemnify the Carrier and keep the Carrier indemnified against all liabilities, claims, costs, and expenses whatsoever incurred due to or claimed by any third party as a result of any such reason or circumstance save for liability for death or personal injury arising as a result of the gross negligence or willful misconduct on the part of the Charterer.
    • Likewise, the Carrier is not liable for any act or omission by any third-party operator or service provider that may cause harm and/or damage to the Charterer. Third-party operators include but are not limited to tour guides, tour agencies, park operators, park drivers, and other agents that do no directly represent the Carrier.
    • The Carrier’s offered product and service packages, for example, but not limited to, Tour Packages or Day Trip Destination Packages, include the pre-agreed services and rates from Third-Party providers. Carrier is only responsible for the Air Transportation portion of the service and is not liable for any Third-Party products, services, quality, performances, or products and services not included in the standard package offer. All deviations from the standard packages must be advised to Carrier prior signing of agreements or contracts. Any deviation after agreement may still be accommodated, subject to availability and acceptance of Carrier and Third-Party providers. Charterer shall waive Carrier, including its directors, shareholders, officials, personnel, and representatives, from any and all liabilities and responsibilities in the event of any changes after this agreement has been signed and finalized or seventy-two (72) hours from the first flight of the agreed Flight Schedule, whichever occurs first.
  16. 14. WRONGFUL ACTS OF CHARTERER

    • The Charterer shall indemnify the Carrier against all claims (including legal fees and costs) in respect of any liability of the Carrier to third persons (including but not limited to passengers, consignors or consignees) for any loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising out of any wrongful act or omission of the Charterer, its agent(s), or any passenger carried with the conformity of the Charterer.
  17. 15. HEALTH DECLARATION

    • Charterer agrees to provide necessary physical, mental, and emotional health information of all passengers to Carrier’s representatives in preparation for the flight. Charterer must disclose any known, confirmed, symptom, or manifestation of any disability, illness, or disease to Carrier’s flight staff prior to the flight via a Health Declaration Form or in writing if the former is not available.
    • Charterer agrees to undertake a medical exam, test, or similar procedure should this be requested by the Carrier, Airport, Medical, or Government representative.
    • Charterer understands that Carrier has taken the necessary precautions in preventing transmission or contamination with transmissible illnesses and diseases, including, but not limited to, viruses, coronaviruses, and other airborne illnesses, and agree to indemnify Carrier or any of its representatives should the Charterer or his or her passengers show any symptom or indication of acquiring said illness or disease before, during, or after the flight or service.
    • Charterer agrees to provide all information required by Carrier, any Airport, or various Law and Government department representatives to proceed with the flight. Charterer understands that non-submission of these requirements, in part or in entirety, may be grounds for Carrier, any Airport, or various Law and Government department representatives to inspect, hold, postpone, or cancel the flight and that any costs or charges related to the affected flight or flights will be for the Customer’s account. These requirements may include, but are not limited to, valid government IDs, official reason for travel, company certificates, health certificates, and local government travel clearances.
  18. 16. LAWS AND TRAFFIC REGULATIONS

    • The Charterer shall comply with and ensure that each passenger and/or owner of freight carried observes and complies with all traffic regulations of the Carrier and all customs, police, public health, and other laws and regulations, which are applicable in the countries to which flights are originated, landings are made or over which flights are made.
    • The Charterer warrants and holds himself responsible that on scheduled departure, all passengers will possess all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate point(s) and/or entry into the place of destination. In the event that the authorities in the transit point or place of destination refuse entry to any passenger, and Carrier is required to transport such passenger to any other point, the cost of doing so shall be borne by the Charterer, without need of demand by the Carrier.
  19. 17. ASSIGNMENT

    • The Charterer shall not be entitled to assign the benefit of this Contract to any other person without the consent in writing of the Carrier.
  20. 18. NOTICES

    • Any notice to be given under this Contract shall be given by delivering by hand or by sending it first class post to the address or by email to the email addresses shown in the Contract. Such notice shall be deemed given if: –
      • Delivered by hand on presentation or refusal or presentation;
      • By first class post on the second working day after the day of posting; and
      • By email on sending provided the addressee does not notify the sender within 24 hours that it has been incorrectly or illegibly sent.
  21. 19. WAIVER

    • The rights of either party shall not be prejudiced or restricted by any indulgence or forbearance granted to it and no waiver if any one clause or breach shall operate as a waiver of any other clause or breach.
  22. 20. SEVERANCE

    • The invalidity or unenforceability of any provisions of these terms and conditions shall not affect the validity or enforceability of any other provision of this contract, which shall remain in full force and effect
  23. 21. HEADINGS

    • The headings in these Terms and Conditions are for convenience only and shall not affect interpretation.
  24. 22. APPLICABLE LAW AND JURISDICTION

    • The Contract and These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.
    • The Courts of Pampanga shall have exclusive jurisdiction to try and decide matters arising out of the Contract and these terms and conditions, to the exclusion of all other courts.
  25. 23. PAYMENT DETAILS

    • Payment may be made against this Contract to the account below prior to issue or receipt of invoice.
    BANKING DETAILS
    Account Name: ASIAN AEROSPACE CORPORATION
    Bank Name: UNION BANK OF THE PHILIPPINES
    Bank Address: VERTEX ONE BUILDING, SAN LAZARO, MANILA, PHILIPPINES
    USD Account No: 1316-1000-0231            
    PHP Account No: 1016-1000-2341
    Swift Code: UBPHPHMM                                     

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