general terms and conditions
Bookings
All bookings for flights must be confirmed to Hangar 8 in writing (post email or facsimile) and under no circumstances shall Hangar 8 be liable for any failure to provide an aircraft for any flight which has not been so confirmed by signature from both parties.
Charging Rates
A pre-booked flight for which a quotation has been given will be invoiced to the customer at the quoted price. Where the customer requires a change to the itinerary which was not planned for in the quotation, Hangar 8 shall be entitled to charge at their normal rates for any additional time flown or expenses incurred.
Flight Cancellations and Postponements
Any flight cancelled or postponed by the customer will be charged according to the following table:
Notice % of Quoted Price
On signature 20% of full charter price
10 days prior to departure 30% of full charter price
3 days prior to departure 50% of full charter price
Less than 24 hrs notice 70% of full charter price
No notice / no show 100% of full charter price
Provided that all cancellations or postponements shall be made to Hangar 8 in writing (post or facsimile) failing which no notice will be deemed to have been given.
If no notice is given or deemed to have been given, 100% of the fare or the full charge for any flying which has been undertaken, whichever is the greater, will be payable by the customer. Hangar 8 may impose additional cancellation charges at the time of booking.
No charge will be made if a flight is cancelled due to adverse weather conditions or other operational reasons whereby Hangar 8 in its absolute discretion, considers it would be unsafe or impracticable to proceed with the flight. In the event of any such cancellation by Hangar 8, all the monies pre-paid by the customer in connection with the charter price shall be refunded to the customer in full.
In the event that Hangar 8 elects to cancel a flight, Hangar 8 shall endeavour to arrange alternative transport for the customer if the customer so requires, at a cost not exceeding the original charter cost. Hangar 8 reserves the right to provide the customer with another similar aircraft should the offered/booked aircraft be unavailable.
In the event that a flight is delayed due to the customer being late for a departure any additional charges for extensions or crew overnight due to expiration of crew duty hours will be met by the customer.
In the event of alpine excursions where the aircraft has to remain with the client in snow or ice conditions, the client will be responsible for additional hangarge charges or de icing charges where necessary.
Under no circumstances shall Hangar 8 be liable for loss incurred by customers or their passengers of whatsoever nature whether direct or indirect by reason caused by events of force nature.
Diversions
Hangar 8 shall be entitled to charge the full fare in the event of a diversion to another airfield due to adverse weather conditions or other operational reasons. Hangar 8 shall endeavour to arrange for passengers to be conveyed to their destination or returned to the point of departure if required as soon as reasonably possible, however, Hangar 8 reserves the right to charge the customer any reasonable costs which it incurs as a result, over and above the original charter cost.
Terms of Payment
Unless a credit account is held, cleared payment will be required prior to charter. Payment will be accepted by cash, bankers draft, cleared cheque or major credit card.
Credit terms are by special arrangement and are on condition that all invoices must be paid for within 14 days of the invoice date unless otherwise stated. Failure to comply with these conditions may result in withdrawal of the credit facility.
On late payment, Hangar 8 reserves the right to charge interest on a daily basis at 3% above the current base rate of the Company's bank, compounded monthly.
Insurance
The insurance coverage as stated on our insurance certificate.
General Conditions of Carriage for Passengers and Baggage:
1. Definitions
2. Scope
3. Agreed Stopping places
4. Schedules
5. Our liability
6. Travel documentation
7. Refusal of Carriage
8. Dangerous Goods 9. Electronic Equipment
10. Search
11. Conduct on board
12. Personal data
13. Fines/Penalties
14. Time limits on claims and actions
15. General
1. Definitions
1.1 As used in these General Conditions of Carriage:
(a) “Document of Carriage” means any document delivered, either individually or collectively to passengers in respect of carriage that gives an indication of the places of departure and destination and of one or more agreed stopping places;
(b) “Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28th May 1999;
(c) “”Warsaw Convention” means the Convention for the Unification of Certain Rules relating to international carriage by air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable;
(d) “We”, “us”, “ours” “carrier” means Hangar 8 Limited
(e) “You”, “your”, “passenger” means any person, carried or to be carried in an aircraft with our consent
2. Scope
2.1 Carriage hereunder is subject to the rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention unless such carriage is not “International Carriage” as defined by those Conventions. For carriage which not international carriage, if the law of the United Kingdom is applicable, our liability is governed by the Carriage by Air Acts (Application Provisions) Order 2004.
2.2 To the extent not in conflict with the foregoing carriage is subject to our conditions of carriage, except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
2.3. Carriage hereunder is subject to the following:
(a) The flight(s) is/are in all respects subject to the provisions, obligations and conditions of such Charter Agreement between us and such charterer relating to the flight(s);
(b) You are duly qualified and entitled to be carried as a passenger upon the charter flight in question in accordance with all governmental and aviation authority regulations relating thereto and with any applicable provisions of such Charter Agreement;
(c) All obligations of the charterer to us in the terms of the Charter Agreement having been duly implemented.
3. Agreed Stopping places
3.1 The agreed stopping places are those set forth in the Document of Carriage, or as shown in our timetable as scheduled stopping places on your route.
4. Schedules
4.1 We undertake to use our best efforts to carry you and your baggage with reasonable dispatch. Advertised times are not guaranteed and form no part of this contract. We may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown in the Document of Carriage in case of necessity. Schedules are subject to change without notice. We assume no responsibility for making connections.
5. Our liability
5.1 Save as provided by Council Regulation 2027/97 as amended by European Parliament and Council Regulation 889/2002 carriage by us is subject to the rules and limitations relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not international carriage to which the Conventions apply.
5.2 In respect of the carriage of passengers by us
(a) We shall be liable to the passenger in the event of an accident resulting in the passenger’s death or bodily injury whilst on board an aircraft or in the course of any of the operations of embarking or disembarking. Our liability for damages for such death or bodily injury shall not be subject to any financial limit, be it defined by law, convention or contract.
(b) For any damages up to an equivalent of 100,000 SDR, we shall not exclude or limit our liability by proving that we or our agents have taken all necessary measures top avoid the damage or that it was impossible for us to take such measures. If, however, we prove that damage was caused by, or contributed by, your negligence, we may be exonerated wholly or partly from its liability in accordance with the applicable law.
(c) We shall without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the case of death such advance payment shall be not less than 16,000 SDR per passenger. Such advance payment:
(i) shall not constitute an admission of liability by us;
(ii) may be offset against any subsequent sums payable on the basis of our being held liable;
(iii) is not returnable unless we prove that the damage was caused by, or contributed to by the negligent act or omission of the deceased or injured passenger; or the person who received the advanced payment caused or contributed to the damage by negligence or other wrongful act or omission; or the person who received the advanced payment was not the person to whom the advanced payment should properly have been paid.
5.3 In respect of baggage
(a) For checked baggage, we shall be liable to you for its destruction, loss or damage during the time it was in our charge and to the extent that damage did not result from the inherent defect, quality or vice of the baggage;
(b) For unchecked baggage, we shall be liable to you only of the damage resulted from our fault or that of our servants or agents.
(c) Our liability to you in respect of baggage shall be limited to 1000 SDR per passenger unless a higher value is declared to us at check-in of the baggage concerned and a supplementary sum paid it required, in which case our liability will be limited to such higher declared value (subject to the limit of the value of passenger’s actual interest in delivery at destination);
(d) Unless specifically stated in the charter agreement all passengers will be restricted to 2 items of baggage, 1 item of soft hand luggage for carriage within the cabin maximum weight 5kg and 1 item of hold luggage 20kg. Any additional cargo is subject to prior approval.
5.4 In case of passenger delay, we shall be liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. Our liability for passenger delay is limited to 4150 SDRs
5.5 In case of baggage delay, we shall be liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. Our liability for baggage delay is limited to 1000 SDRs.
5.6 Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, servants and representatives and any person whose aircraft is used by us for carriage and its agents, servants and representatives.
6. Travel documentation
6.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. We shall not be liable for the consequences resulting from your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. You shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
7. Refusal of Carriage
7.1 In the reasonable exercise of our discretion, we may refuse to carry you or your baggage if we have notified you in writing. We may also refuse to carry you or your baggage if one or more of the following have occurred or we reasonably believe may occur:
(a) Such action is necessary in order to comply with any applicable government laws, regulations, or orders;
(b) The carriage of you or your baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew or be in excess of the maximum allowable.
(c) Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
(d) You have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
(e) You have refused to submit to a security check;
(f) You do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your documentation during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
(g) You fail to observe our instructions with respect to safety or security;
(h) You have previously committed one of the acts or omissions referred to above.
8. Dangerous Goods
8.1 You must not include in your baggage without carrier’s consent or prior arrangement with carrier compressed gases (flammable, non-flammable and poisonous), corrosives (such as acids, wet batteries), explosives, munitions, fireworks and articles which are easily ignited; flammable liquids and solids (such as flammable aerosols, lighter or heating fuels, matches), oxidising materials; poisons; radioactive materials; other restricted articles (such as mercury, magnetic material, offensive or irritating materials).
9. Electronic Equipment
9.1 For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
10. Search
10.1 For reasons of safety and security we may request that you permit a search, x-ray or other type of scan be made of your person and baggage. If you are not available, your baggage may be searched in your absence. If you are unwilling to comply with such request Carrier may refuse to carry you and your baggage. In the event an x-ray or other scan causes damages to you or your baggage, we shall not be liable for such damage unless due to its fault or negligence.
11. Conduct on board
11.1 If in our opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as it deems reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 You agree that you shall not, nor shall you permit your agents, employees, guests or passengers to engage in any act, either intentional or through negligence, that would result in damage to the chartered aircraft or any of its fixtures, fittings or furnishings. Should damage occur to the aircraft or any of its fixtures, fittings or furnishings because of said actions, the customer shall be responsible for reimbursement of any repair, replacement or cleaning costs for all damages incurred due to breach of this paragraph.
12. Personal data
12.1 You recognise that we will receive personal data for the purposes of our providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, authorised agents, government agencies or other carriers.
13. Fines/Penalties
13.1 If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage or any of your funds in our possession.
14. Time limits on claims and actions
14.1 If you wish to file a claim or action regarding damage to checked baggage, you must notify us in writing as soon as you discover the damage and, at the latest within 7 days of receipt of the baggage. If you wish to file a claim or action regarding delay of checked baggage you must notify us in writing within 21 days from the date the baggage has been placed at your disposal.
14.2 Any right to damages shall be extinguished if an action is not brought within 2 years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which carriage stopped. The method of calculating the limitation period shall be determined by the law of the court where the case is heard.
15. General
15.1 Carriage to be performed hereunder by several successive carriers is regarded as a single operation.
15.2 No agent, servant or representative of ours has authority to alter, modify or waive any provision of this contract.
15.3 These General Conditions of Carriage shall be governed by and construed in accordance with English law.
Hangar 8 Limited
(company reg. No 04472605)
The Farmhouse, Langford Lane, Oxford Airport, Kidlington, Oxford, OX5 1RA, United Kingdom