1. BACKGROUND
1.1 These Booking Conditions and the Booking Agreement (collectively referred to as “Terms”) govern the aviation and general services (“Services”) arranged by Avianese Ltd (Company No 13113961) (“Avianese”, “we”, “us”) for its clients (“Client”, “you”, “your”) including all related data, content, and other information.
1.2 This agreement becomes effective once the Client either signs the Charter Agreement or confirms any Services via email to Avianese.
2. BOOKING CONDITIONS
2.1 You appoint us as your agent for booking the Services, subject to this Agreement and the standard terms and conditions of the Operator (“Operator Terms”).
2.2 Avianese serves solely as a booking agent and is not an airline operator. Avianese relies on third-party airline operators (“Operators”) to perform the Services. You acknowledge that Avianese bears no responsibility or liability concerning the performance of such Services by the Operator, any changes to the booking, or any act or omission by you (or any other passengers).
2.3 All Services are subject to availability (including aircraft, weather, or operating conditions at the time of travel necessary to fulfil the Services) and performance in accordance with the Operator Terms. In the event of any inconsistency adverse to our interests, this Agreement shall prevail between you and us.
2.4 The Services are provided solely for the benefit of the Client (who must be over 18 years old), unless explicitly agreed otherwise. You must comply with this Agreement in connection with the Services.
2.5 The Client must provide us with the following information for you and each other passenger:
(a) Full name, date of birth, nationality, gender, place of birth;
(b) Passport number, country of issue, expiration date;
(c) Any pre-existing medical conditions and fitness to travel;
(d) If traveling to/from the US, Alien Registration details (if any) & non-US residents: contact name, number, US address.
2.6 The Client hereby warrants and represents that:
(a) all information provided to Avianese, or the Operator is true, accurate, and not misleading.
(b) the Services shall be used for legitimate purposes, in compliance with all applicable laws and regulations.
(c) the Client has obtained all necessary approvals, consents, and permissions from any relevant authority or third party.
2.7 The Client accepts sole responsibility for maintaining adequate travel insurance, holding or maintaining necessary personal or travel documents (including passports, visas, health, or other certificates), and for all luggage, relevant for departure from the country of origin, transit through any intermediate airports, and entry into the country of destination. 2.8 The Client hereby indemnifies Avianese from and against any loss or damage caused, incurred, or suffered in connection with a breach of this clause 2.
3. PRICE, CHARGES, INVOICING & PAYMENT
3.1 You must pay the Price specified in the Key Terms or other written agreement with the Client without any setoff or deduction, in accordance with the Payment Terms.
3.2 Additional fees and charges may be applied by Avianese or the Operator, including surcharges for payment methods, changes to the Proposed Schedule, Key Terms or information provided by you, aircraft de-icing, de-/positioning, fuel surcharges and insurance costs, additional crew requirements, third-party and regulatory charges, in-flight services, airport or security taxes, and duties.
3.3 The Client warrants and represents that there are sufficient funds on any credit or debit card registered with Avianese to pay for all fees and charges under this Agreement.
3.4 If any amount due remains unpaid, Avianese may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate applicable as if it were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
3.5 Avianese will render a valid tax invoice upon request for all payments due under this Agreement.
3.6 Unless expressly stated otherwise, all amounts payable under this Agreement are exempt from or inclusive of VAT. The recipient of any supply to which VAT is applied shall be entitled to receive a valid VAT invoice.
3.7 Avianese shall be entitled to set off or withhold any amount owed to the Client under this Agreement against any amount payable by the Client to Avianese.
3.8 The Client has been selected to perform this charter on behalf of Avianese.
3.9 The flight is not confirmed until cleared funds are in our account before the invoice due date.
3.10 For all US flights, catering is an additional charge.
4. CANCELLATION & REFUNDS
4.1 You must notify Avianese in writing immediately if you cancel or amend any Services, accepting that cancellation charges may apply.
4.2 In the event of cancellation of the Services or termination of this Agreement, subject to any consumer law that cannot be excluded and recovery under the Operator Terms, Avianese may determine in its absolute discretion whether to refund any advance payment for Services (excluding any costs not reimbursed by third parties). Without limitation, we may refund a percentage of the Price upon cancellation.
4.3 Cancellation charges will apply in accordance with the terms laid out in the 2-page charter agreement that will be signed by the charterer and Avianese Ltd upon confirmation of the charter.
5. DATA PRIVACY
5.1 Each party warrants and represents that it has adopted and implements a privacy policy compliant with the requirements under the Data Protection Act 2018 in respect of all personal data provided to the other party in connection with the Services. Without limitation, all necessary consents have been obtained by the Client from individuals for the purposes of performing the Services. The Client must comply with our Privacy Policy.
6. DISPUTE RESOLUTION
6.1 If any dispute arises between the Client and Avianese in connection with this Agreement (“Dispute”), either party may notify the other of the Dispute with a notice (“Dispute Notice”) which must provide or be accompanied by full detailed particulars of the Dispute.
6.2 Within 14 days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) of the Client and Avianese must meet to resolve the Dispute.
6.3 A party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause, provided that nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory, or declaratory relief in respect of a Dispute.
6.4 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Agreement.
7. FORCE MAJEURE
7.1 Neither party shall be liable for any failure or delay in the performance of obligations under this Agreement if such failure or delay results from any cause beyond the reasonable control of that party, including power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event beyond the control of the party in question.
7.2 In the event that any party cannot perform their obligations hereunder as a result of force majeure for a continuous period of 30 days, the other party may at its discretion terminate this Agreement by written notice at the end of that period.
8. LIABILITY
8.1 We shall not be liable for any delay or failure to book or perform the Services.
8.2 The Client acknowledges that it has not relied on any representation, warranty, or statement by us. To the extent permitted by law, Avianese does not provide any warranty or guarantee as to quality or fitness for purpose, recommendations, or advice regarding the Operator, the Services, or any related products or services. Any booking or decision shall remain the Client’s decision in its absolute discretion.
8.3 To the extent permitted by law, Avianese’s liability for breach of this Agreement or otherwise in connection with the Services and any implied warranty or condition that cannot be excluded, is restricted at the option of Avianese to the re-supply of services or payment of the cost of re-supply of services.
8.4 The Agent reserves the right to substitute any aircraft at its discretion, without notice, for an aircraft of equivalent or superior capability to the one confirmed by the charterer in instances where the original aircraft has become unavailable for whatever reason. In the event of a technical issue, the Agent will act in the Customer’s best interests.
8.5 In no circumstances will either party be liable for any consequential or indirect damages, loss of profits, or any other similar analogous loss resulting from the Services, whether based on warranty, contract, tort, negligence, in equity, or any other legal theory.
8.6 The Client shall indemnify Avianese for, and hold it harmless against any loss, damage, costs, expenses, liability, deduction, contribution, assessment, or claim (including reasonable legal and preparation costs) arising in connection with:
(a) any breach of its obligations under this Agreement
(b) any third-party claims that may arise from the Services
(c) any tax, penalty, fine, or interest incurred or payable in connection with the Services or in consequence of breach of this Agreement.
8.7 Avianese may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from any payments due to be paid to it under this Agreement.
8.8 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud, or fraudulent misrepresentation.
8.9 Avianese does not add any additional liability insurance to the flight.
9. TERMINATION
9.1 Avianese may terminate this Agreement at any time. Either party may terminate summarily by giving the other party 7 days (or any shorter period before departure) written notice if the other party:
(a) Has not remedied a breach after reasonable notice
(b) Has committed a breach incapable of remedy
(c) Is insolvent, bankrupt, or incapable of paying its debts, or
(d) Has a controller, receiver, or administrator appointed.
9.2 Upon termination of this Agreement, the Client must pay for any outstanding fees and charges payable under this Agreement, and the parties acknowledge that any accrued rights shall not be affected and shall survive as necessary for enforcement and discharge of such liabilities.
10. GENERAL
10.1 Interpretation. Headings are only for convenience and do not affect interpretation. A reference to legislation is to that legislation as amended, re-enacted, or replaced, and its subordinate legislation. Mentioning anything in this Agreement after “including” or similar expressions, does not limit anything else that might be included.
10.2 Agreement. This Agreement can only be amended, supplemented, or replaced, by another agreement executed by the parties. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
10.3 Assignment. Avianese may assign or subcontract its obligations under this Agreement. The Client may only assign or otherwise create an interest in their rights under this Agreement with the written consent of Avianese.
10.4 Electronic communication. This Agreement is binding upon each party if executed digitally and conveyed by electronic communication, having the meaning given to that term in the Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002. A counterpart, consent, notice, or communication under this agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
10.5 Responsibility of parties. Each party must do anything reasonably necessary (including executing documents) to give full effect to this Agreement. Each party must pay its own expenses incurred in negotiating, executing, stamping, and registering this Agreement.
10.6 Relationship. The relationship of the parties to this agreement does not form any agency (except as to booking with Operators), joint venture, partnership, employment, or trust.
10.7 Third-party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
10.8 Governing Law. This Agreement is governed by the laws of England & Wales (or the United States of America if applicable). Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
END GENERAL CONDITIONS