1 – Definitions
In these Terms and Conditions the following words shall have specific meanings as
shown below:
• The "Agreement" means the Aircraft Charter Agreement, the principle terms
of which are set out herewith and of which these Conditions form part.
• The "Carrier" means the aircraft carrier that carries the Client.
• The "Client" means any person, form or body corporate chartering, or offering
to charter, any aircraft from the Carrier, and includes any passenger and their
baggage carried on the aircraft.
• "FOTS" means Freedom of the Skies, the company trading under the name of
Computer Contracts Ltd.
• "Aircraft" means the aircraft specified herein.
• "Schedule" means the flight or any series of flights agreed between FOTS
and the Client, including places of departure and destination, any stopping points,
any departures and arrival times and any part agreed functions.
• The "Charter Price" means the amount payable to FOTS by the Client for services
supplied under this Agreement.
Words and expressions defined below shall have the same meaning in these Conditions.
2 – Application
These Conditions shall apply to and be incorporated in the contract between FOTS
and the Client for the supply of the Services and shall be in substitution for any
oral arrangements made between the Client and FOTS and/or acceptance of order or
correspondence or elsewhere or implied by trade custom or practice or course of
dealing and no addition to or variation of or exclusion or attempted exclusion of
the order and/or these Conditions or any of them shall be binding upon the Client
unless specifically agreed to in writing and signed by a duly authorised representative
of the Client.
3 – FOTS Obligations
(a) FOTS has entered into this agreement acting only to seek, procure and co-ordinate
the Schedule and shall use all reasonable endeavours to complete in accordance with
the Schedule the journey or journeys therein specified but shall be entitled to
depart from the Schedule if in its opinion in good faith such departure is necessary
and any additional expenses (including the fees and charges referred to herein)
shall be borne by FOTS.
(b) FOTS shall not accept and hereby excludes any and all liability whatsoever for
wounding, bodily injury or delay of the Client, or for loss, delay of or damage
to their baggage or of loss, delay of or damage to cargo whether or not occasioned
by the negligence of FOTS, its employees servants or agents.
(c) In the event of non-performance, partial performance or delay resulting wholly
or partly from any force-majeure or occurrence or any circumstances whatever beyond
FOTS's control, FOTS shall use reasonable endeavours to perform or continue the
Schedule but otherwise shall have no liability to the Client.
(d) If FOTS is unable to resume performance within a reasonable time after the due
date FOTS may cancel this Agreement by notice in writing to the Client and shall
be under no liability whatsoever to the Client in respect of such cancellation.
(e) FOTS shall be entitled, without giving a reason, to substitute another aircraft
for the Aircraft specified herein. In the event of the Aircraft specified becoming
unserviceable, FOTS shall be entitled but shall not be obliged to substitute another
for that specified.
(f) If for any reason the Aircraft is diverted from any airfield of destination
shown in the Schedule to another airfield the journey to the said airfield of destination
shall be deemed to be complete when the Aircraft arrives at the other airfield.
(g) The Schedule issued by FOTS is an approximate estimation only and is not guaranteed
by FOTS who shall at any time be entitled to deviate from the Schedule if in its
opinion such deviation is advisable or necessary.
(h) The commander of the Aircraft shall have complete discretion concerning what
load may safely be carried and its distribution and as to whether or not the flight(s)
shall be undertaken and as to where landing shall be made and on all other matters
concerning the operation of the Aircraft and the Client shall accept all such decisions
of the commander as final and binding. The commander of the Aircraft shall have
absolute discretion to refuse to carry any passengers any baggage and any cargo
or any part thereof. FOTS shall not be liable for any loss, damage, cost or claim
of whatever nature arising from any such decision taken for reasons of safety.
(i) FOTS does not undertake any carriage as a common carrier and does not accept
the obligations of a "common carrier" nor is there implied in this Agreement any
warranty concerning the aircraft or its fitness for any carriage.
(j) If the performance of the Schedule is prevented or delayed by any act or omission
of the Client or anyone in its control or acting on its behalf including any delay
caused by the late arrival of the Client's luggage the Client will be liable to
FOTS for any additional costs incurred either by FOTS or their agents. In the event
of cancellation the Client shall be liable for cancellation charges as provided
in Condition 7, as if notice of cancellation had been received.
4 – Client Obligations
(a) The Client hereby indemnifies FOTS against all claims and expenses (including
all legal costs) in respect of any liability to third persons for any damage whatsoever
arising out of wrongful act or omission of the Client, its servants or agents and
for any claim for damages or fines imposed arising out of any breach by the Client
of the terms hereof.
(b) The Client will hold FOTS indemnified from any claims by passengers, consignors
or other persons having contracts with the Client or in whose behalf it has acted
should claims arise from cancellation by the Client.
(c) If at the request of the Client, the Aircraft is used by the Client for any
flight(s) other than those set out hereto the Client shall pay to FOTS in respect
of each such flight(s) a sum calculated on an hourly basis at the Standard Charges
rate, which sum shall be notified by a duly authorised officer or employee of FOTS
and shall thereupon become due and payable together with all fees and charges imposed
by law in respect of each such flight(s) including without prejudice to the generality
of the foregoing landing fees garage fees parking fees air navigation fees ground
service and handling fees customs fees airport surcharges accommodation meals and
refreshment charges and all pilot and crew expenses thereby incurred.
(d) The Client shall give FOTS in good time on arrival at the check in point or
as otherwise specified by FOTS all information and assistance necessary to enable
FOTS to complete all necessary Client tickets baggage checks and airway bills and
shall distribute tickets and baggage checks to the Client if required by FOTS.
5 – International Carriage
(a) Carriage hereunder shall be subject to the rules and limitations relating to
liability and to all other provisions established by the Warsaw Convention or by
that Convention as amended by the Hague Protocol and/or by any other Treaty applicable
to such carriage insofar as such carriage is "intentional carriage" as defined in
the above Conventions and is governed thereby Carriage hereunder which is not governed
by Warsaw Convention shall be subject to all applicable laws which extend provisions
of the convention to such carriage or which otherwise limit FOTS's liability.
(b) The Client warrants that all necessary Passports, Visas, Health and Other Certificates
necessary to secure transit through any intermediate points and entry into the Country
of destination of the flight(s) will be held and in the event of the appropriate
Immigration Authorities refusing entry to any Client in circumstances where the
carrier is required to transport such Client to the point of origin of the flight(s)
or to any other point, then the cost of doing so shall be repayable by the Client
to FOTS upon demand.
(c) The Client undertakes that their baggage will not contain anything of a dangerous,
hazardous or offensive nature or of which the carriage, importation or exportation
is prohibited by any Country or State which has to be crossed or entered. The Client
shall also ensure the possession of all documents enabling them to comply with all
Customs, Police, Public Health and other regulations which are applicable in the
United Kingdom and States in which landings are made both in respect of themselves
and their baggage and to be responsible for the payment of all dues or charges in
connection with them.
6 – Prices and Payment Methods
(a) FOTS accepts all major credit cards.
(b) We can accept booking 365 days out, right up until two days before travel. To
book a same day/next day flight please contact FOTS office.
(c) Alternative methods of payment: Bank Transfer
If you wish to pay by Bank Transfer you will need to arrange this beforehand for
the funds to reach FOTS bank account in advance.
Bank Drafts
1. If you wish to pay by Bank Draft, you may send them to the FOTS office in advance.
2. Bank Drafts must be in GBP pounds sterling and be drawn on a UK bank.
7 – Termination
(a) Either party may terminate the Charter Agreement by written notice to the other
up to 14 days prior to the time specified for commencement of the Schedule.
(b) Neither the payment of the Charter Price nor the termination of the Agreement
for any of the aforesaid reason shall affect FOTS's right to recover damages from
the Client.
(c) The Client shall be liable to pay cancellation charges as if notice of cancellation
had been received on the date of termination together with such part of the Charter
Price as is referable to any part of the Schedule which has been performed and all
expenses whatever connected with it.
(d) If the Client terminates pursuant to Condition 7, the Client shall be liable
to pay a cancellation charge by way of liquidated damages as follows unless otherwise
stipulated on the Charter Agreement. *Up to 7 Days prior to date of travel - 10%,
*6 - 2 Days before date of travel - 25%, *Day before date of travel - 50%, *Day
of travel - 100%.
8 – General
(a) The failure to exercise or delay in the exercising a right or remedy under this
contract shall not constitute a waiver of the right or remedy or a waiver of any
other rights or remedies and no single or partial exercise of any right or remedy
under this contract shall prevent any further exercise of the right or remedy or
the exercise of any other right or remedy.
(b) The Client shall not be entitled to assign the benefit of this Agreement to
any other person without the consent in writing of FOTS, but FOTS may procure the
various performances of their obligations hereunder by some other person.
(c) This agreement shall be construed and take effect according to English Law and
any dispute arising between the parties shall be adjudicated in the English courts.
9 – Air Travel Organiser's Licence (ATOL) Protection
We provide you with security for the monies that you pay for your package and for
your repatriation in the event of our insolvency. The packages including flights
and flight only bookings we offer are ATOL Protected. We hold an Air Travel Organiser's
Licence (ATOL) granted by the Civil Aviation Authority (CAA). Our ATOL number is:
Freedom of the Skies: 9670. In the unlikely event of our insolvency, the CAA will
ensure that you are not stranded abroad and will arrange to refund any money you
have paid to us for an advance booking.
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