STANDARD AIRCRAFT CHARTER AGREEMENT
The following Aircraft Charter Agreement ('Agreement') is part of the Charter Flight Quotation ('Quotation'), entered into by and between PT Ekspres Transportasi Antarbenua (PREMIAIR) and the Client whose name stated hereunder.
1. Scope
The subject of this Agreement is the transport of passengers and/or goods from the point of departure to the point of destination as stated in the agreed Quotation.2. Parties
Signature of the Quotation shall, when signed by both the Client (whether personally or through the agency of the Client) and PREMIAIR, constitute a contract of carriage between the Client and PREMIAIR. The Client shall represent all passengers onboard the aircraft and this Agreement shall also apply to those passengers.3. Aircraft-specific
If the chartered aircraft does not fit to fly on the departure date or during the charter period, PREMIAIR will do its best effort to find a replacement aircraft. Because of the uniqueness of each aircraft, PREMIAIR will not be able to guarantee the Client to have the same type of aircraft or with the same seat configuration. If for whatever reason PREMIAIR cannot find a replacement aircraft, PREMIAIR will refund the amount of remaining unused flights paid by the Client.4. Performance of Flight
Performance of the flight is conditional on all necessary authorizations, including permission to start, over fly and land, being obtainable, unless special circumstances prevail. The flight is governed by Civil Aviation Safety Regulation part 135, including the crew duty hour limitation as described in Article 5. PREMIAIR have the right to postpone, cancel, or redirect the flight at all times, in the event that the flight cannot be performed due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, weather conditions, or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft, or due to other factors that PREMIAIR has no control, or when the safety of the passengers or the crew from the aircraft can be reasonably assessed to be in danger, at the discretion of the Captain or PREMIAIR’s personnel. PREMIAIR is not responsible for any Client damage or loss as a result of or arising directly or indirectly in connection with the above mentioned circumstances.5. Crew Duty and Flying Hour Limitation
Crew duty hours and flying hours are limited according to the Civil Aviation Safety Regulation (CASR) part 135. In the event of delay from the agreed schedule and due to the application of CASR part 135, may result flight can’t be performed without change of crews from the home base or other places depending the availability of the crews. The additional cost and other extra charges due to the delay are the cost of the Client. Please refer to the below table for illustration:
6. Currency
The Quotation is stated in USD subject to exchange rate fluctuations. Exchange Rate shall refer to the JISDOR rate at the date of payment.7. Fuel Price
The Quotation is subject to industry and related fuel price fluctuations.8. Excluded Items
Fuel and insurance surcharges; de-icing of aircraft; special catering requests, alcohol, including beers, wines or spirits; any other special requirements, such as limousine and satellite phone.9. Route Changes or Delays
Should there be any route or en-route changes or delays as a result of, inter alia, the Client's changed requirements; change of travel date; late arrival of passengers; adverse weather conditions; compliance with the requirements of international law, local laws or regulations; un-serviceability of the aircraft beyond PREMIAIR' reasonable control; safety of the aircraft or its crew and/or safety of the Client and/or passengers, any costs arising from such changes or delays will be invoiced separately and shall be payable by the Client, excluding the cost of repairing the aircraft, but including the cost of arranging an alternative aircraft. PREMIAIR shall not be liable for any losses to the Client or its passengers arising from any such delay including missing of subsequent flights. Administration charges for routes changes or delays shall follow the cancellation policy charges in section 18 below.10. Passenger and Cargo Entry Documents
All passengers have to comply with any requirements (e.g. immigration, customs, etc.) at each destination. PREMIAIR takes absolutely no responsibility in the case of non-compliance with any requirement by the passenger(s). Should there be any surcharges, fees, fines or similar charges to the aircraft or aircraft crew due to a non compliance by the Client or the passenger(s), the Client will be responsible, and to be billed for such costs. Passengers have to be in possession of a valid passport as required by the countries to be visited plus, where necessary, a visa. PREMIAIR takes absolutely no responsibility with the regard to visa requirements of its passengers. Should there be any levy imposed due to the lack of required entry documents of passengers or cargo, the Client will be billed for such costs.11. Passenger's Baggage
Passenger baggage weight is limited for flight safety reasons. For checked baggage, the maximum weight is the number of seat available multiply with 30 (thirty) kg. For hand carry items, the maximum weight is the number of seat available multiply with 7 (seven) kg and maximum of 2 (two) pieces per available seats. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. Client accepts that the pilot in command shall have sole discretion concerning the load to be carried and its distribution.12. Limitation of Carriage
Acceptance for carriage of children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with PREMIAIR, in accordance with PREMIAIR's regulations.13. Animals
Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of PREMIAIR, be accepted for carriage as cargo, subject to PREMIAIR's Regulations. Guide dogs accompanying sight/hearing impaired passengers together with containers and food, will be carried by ETA, subject to PREMIAIR's Regulations. Acceptance for carriage of animals is subject to PT ETA’s regulation and the condition that passenger assumes full responsibility for such animal. PREMIAIR shall not be liable for injury to or loss, delay, sickness or death of such animal or in the event that it is refused entry into or passage through any country, state or territory.14. Prohibited or Dangerous Goods
Prohibited Goods are: a. Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, corrosives, oxidizing radio-active or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, liquids, or those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA), and in PREMIAIR's Regulations; b. Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; Dangerous goods must be declared as per dangerous goods regulations. Goods must be packaged and marked correctly according to the appropriate authorities. Copies of the relevant regulations are available from PREMIAIR on request.15. Smoking
Smoking is prohibited on all PREMIAIR flights.16. Damage
The Client shall be held accountable and responsible for any damage to the aircraft which may have occurred during the flight or trip, whether directly or indirectly, attributed or caused by the act(s), omission(s), negligence and/or willful misconduct of the Client and/or any of its approved passenger, except if such damage is solely caused by Premiair.17. Payment Terms
Upon your acceptance of Quotation and the terms and conditions herein, an initial payment of minimum 50% (fifty percent) is due and payable to reserve the aircraft for the charter period. The balance of the Total Charter Price is due no later than 3 (three) days prior to the scheduled departure date. No flight is granted without full payment as in the Pro Forma Invoice.18. Payment & Bank Account
The Client shall make payment by bank transfer to the following bank account: PT. EKSPRES TRANSPORTASI ANTARBENUA BANK MANDIRI HALIM PERDANA KUSUMA AIRPORT USD : 006-000-589-8303 IDR : 006-000-616-7690 SWIFT CODE : BMRIIDJA19. Cancellation Fees
Any cancellation must be notified in writing to PREMIAIR. Administration fees applied for cancellation as follows: a. More than 24 (twenty four) hours cancellation notification prior the flight, 25% of the effected legs as administration fees plus all other cost incurred. b. Less than 24 (twenty four) hours cancellation notification prior flight, 50% of the effected legs as administration fees plus all other cost incurred. c. If there is no cancellation notification at all regarding flight cancellation and/or the passenger did not show up, administration fee of 100% is charged to Client plus all other cost incurred. Excess of payment or any remaining sum of the paid amount thereof may be reimbursed to and/or credited to the originating bank account of the client after deductions of the applicable cancellation fee and banks charges in accordance with banks regulations.20. Brokerage
Should PREMIAIR fly by order of a third party (brokerage), the broker is liable to PREMIAIR for the fulfillment of all payments.21. Indemnification and Liability
The Charterer/Client is responsible for all passengers and consignors being aware of the following limitations: a. International Flights Transportation of passengers, hand luggage, luggage and goods by PREMIAIR may be governed by the Warsaw Convention of 12 October 1929, as amended by the Hague Protocol of 28 September 1955 and later amendments. b. Domestic flights within Indonesia and flights not subject to any part of the Warsaw Convention Transportation of Passengers and Luggage (including hand luggage) may be limited as prescribed by the laws of Indonesia.22. Indemnity
The Client hereby indemnifies PREMIAIR from any claim or damage whatsoever which PREMIAIR and/or the Client may suffer from the flight, other than claims or damage caused by PREMIAIR own gross negligence or willful misconduct. PREMIAIR shall also be indemnified by the Client from any kind of damage, claims, food poisoning, or whatsoever arising due to or in connection with special catering requests ordered by Client whether through PREMIAIR or directly by Client.23. Insurance
PREMIAIR ensures that the charter service is covered with the following insurance policy: (a) Hull Insurance (b) Combined Single Limit24. Variation
In the event any terms of the Quotation conflicts with this Agreement, charter agreement; aircraft operations management; air transport; operations services; or charter agency agreement already concluded and signed between the Client and PREMIAIR, the terms of this Agreement shall prevail.25. Severability
Should any one or more clauses of this agreements be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.26. Specific Operation
For a specific operations such as aerial survey, photo flight etc., which require a special permits from the authorities, Client at its own cost shall obtain Security Clearance and/or other government or local permits as deemed necessary to conduct such flight operation.27. Applicable Law
These terms are governed by and construed in accordance with the laws of Indonesia, and subject to the jurisdiction of the East Jakarta District Court.
