Special Terms and Conditions for Charter
1.1 These Special Terms and Conditions for Charter (hereinafter the “Charter Rules”) together with the Terms and Conditions of Carriage (hereinafter the “STCC”) and any additional terms set out in any relevant quotation and/or confirmation (collectively hereinafter the “Terms”) form the contractual basis for the provision of Flight Services by Sparfell Sàrl as contractual carrier. The STCC and the Charter Rules are available on upon request on board of Sparfell Sàrl aircraft chartered.
1.2 The Terms are applicable for commercial transport of Passengers and/or any permitted goods from an agreed point of departure to an agreed point of destination as more particularly detailed in the quotation (“Flight Services”).
1.3 The contract may-be concluded with (i) Agents only or (ii) with Passenger directly however in any case Agents and Passengers (“Client”) are jointly bound by these Terms. It is the responsibility of the Client to ensure that each Passenger abides by the Terms.
2. Conclusion of Contract
2.1 The quotation issued by Sparfell Sàrl constitutes a non-binding offer. Only the issuance of a Confirmation by Sparfell Sàrl constitutes a binding offer, which requires acceptance within the stipulated acceptance period. If such acceptance period is lapsed, Sparfell Sàrl shall not be bound by its Confirmation.
2.2 The return of the Confirmation duly signed by an Officer of Client constitutes a binding contract of carriage between Client and Sparfell Sàrl.
3. Performance of Flight Services
3.1 Sparfell Sàrl shall have the right to perform the Flight Services as contractual Carrier or assign the Flight Services to actual carrier subject to clause 8.
3.2 The Flight Services will be performed pursuant to in accordance with the actual STCC as applicable at the date of Flight Services and the operating procedures approved by the competent authority of the contractual or the actual carrier as the case may-be.
3.3 Sparfell Sàrl expressively reserves the right to utilize on its own account any lay- over period or empty capacity the aircraft may have, including any empty legs related to the Flight Services, before, during or after the period in which the aircraft is available to the Client.
3.4 Flight Services are planned with a set of one (1) crew (Pilot in Command, Copilot) subject to Crew duty time and rest period restrictions by applicable duty limitation regulations
4. Included and Excluded Costs
4.1 The Price does include aircraft costs including crew, fuel, maintenance, air navigation, airport and handling charges, in- flight Sparfell Sàrl standard catering (depending on flight time and time of day), Passenger and baggage insurance.
4.2 The following costs are not included and shall be charged separately to Client at cost plus a handling surcharge of 10%: - Insurance surcharges; - SATCOM services; Special catering requests such as but not limited to caviar and special wines or spirits; cabotage permission costs; VIP terminal, special handling, helicopter and/or limousine services; any other concierge services rendered by Sparfell Sàrl upon request by Client ; additional or enlarged crew or Cabin Hostess as result of a request by the Client and/or any Passenger. In such event, Client acknowledges and agrees that if Sparfell Sàrl has to use an enlarged or second crew, this may necessitate crew being in the cabin during the flight.
4.3 The quotation is subject to industry and related fuel price fluctuations. If the fuel price increases more than 5% at the destination or the arrival airport between date of quotation and confirmation, the charter price will be adjusted accordingly by the addition of a fuel surcharge.
4.4 Taxes if applicable will be posted separately on the quotation/invoice.
5.1 All payments due to Sparfell Sàrl shall be made upon receipt of invoice and no later than one (1) business day prior flight date (the “Due Date”), without set off or deduction. Time for payment shall be of the essence, if the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount shall be received and credited to Sparfell Sàrl account on the last preceeding business day. Payments are to be made at costs of the sender in the currency to the bank account stated on the invoice
5.2 Late payments shall be subject to interest at 10% of the outstanding sum per annum from the date due until Sparfell Sàrl’s receipt and Sparfell Sàrl shall not be in breach of contract if it suspends Flight Services or additional services until receipt of funds.
5.3 Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.
5.4 If the payment has still not been made after issuance of a reminder and the setting of a deadline for payment, Sparfell Sàrl shall be entitled to withdraw from the contract of carriage and cancel the booking, subject to cancellation charges as set out in Section 8. Sparfell Sàrl may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In such event, Sparfell Sàrl may withdraw from the contract of carriage and refuse performance of Flight Services subject to cancellation charges as set out in Section 8.
5.5 Client and Passenger shall be jointly and severally liable for the payment of the Flight Services and any additional costs set out in the quotation and/or Charter Rules as well the cost of any damages or losses caused as a result of the conduct of the Client and/or any Passenger.
6. Flight Changes and Delays
6.1 Sparfell Sàrl and/or the actual carrier shall endeavour to the best of their ability to ensure punctual carriage of passengers and baggage. However the announced flight times are subject to reasonable changes owing to operational and technical circumstances beyond Sparfell Sàrl’s control.
6.2 The Client is responsible to ensure that passengers arrive adequately in advance of the scheduled departure time. Sparfell Sàrl’s ability to satisfy any variation in the Flight Services shall always be subject to crew duty times and rest periods and the availability of additional crew.
6.3 Client may request a departure delay of up to a maximum of 60 minutes beyond any confirmed departure time. Sparfell Sàrl shall agree to such delay if it is compatible with crew duty time restrictions, applicable aviation regulations and air traffic control requirements. If Client delays a flight in excess of 60 minutes beyond the confirmed departure time for any reason that is not the fault of Sparfell Sàrl, the Flight Services shall be deemed to be cancelled by Client.
7.1 Sparfell will comply with the requirement of the Loi Federale sur la Protection des Donnees.
7.2 The parties agree that this Agreement is governed by the laws of Switzerland as applied in the Canton of Geneva. The parties agree to submit to the exclusive jurisdiction of the courts of Geneva.