Terms of Business
These Terms and Conditions apply to the provision of aircraft chartered by Firnas Private Ltd (“Firnas Private Ltd”) to the exclusion of all other terms, conditions, warranties and representations save as expressly provided herein.
Any aircraft provided by Firnas Private Ltd under this Air Charter Agreement shall be provided for the sole use of the Customer and the Customer shall not sell or otherwise make available for valuable consideration any part of the flight services so provided.
Firnas Private does not own or operate any aircraft. Firnas Private arranges travel and other services solely as broker. All flights arranged by Firnas Private for its clients are performed by independent, third party EASA, ICAO or FAA-licensed DOT-registered air carriers.
Firnas Private reserves the right to take up to 48hrs to confirm a booking once payment has been made using card payment systems.
Any instalment payments setup by Splitit technologies payment system will be subject to cancellations policy as stipulated in clause 15 in the event of a cancellation.
The Customer shall make prompt payment of all monies due under the Charter Agreement. If the Customer fails to make any payment when due, Firnas Private Ltd shall be entitled to treat such failure as constituting the cancellation of the relevant Charter and shall be entitled to payment in accordance with clause 13 below.
Firnas Private Ltd shall not be liable for any loss or damage whatsoever suffered by the Customer resulting from any delay, diversion or cancellation of any flight by the Operator.
To the extent of any increase after the date of the Charter Agreement in the Operator’s costs resulting from any increase in security costs, aviation insurance premiums, fuel, airport passenger duty or like costs relating to any part of the Charter that the Operator is entitled to pass on to Firnas Private Ltd shall be entitled to increase the Charter Price.
On request, the Customer shall promptly provide Firnas Private Ltd with information relating to passengers as may be required for the purpose of complying with all applicable regulatory requirements.
The Customer shall be responsible for ensuring that each passenger is in possession of all necessary passports, visas, health certificates and other documentation and for ensuring that passengers observe and comply with all laws, rules and regulations in relation to their travel. The Customer shall bear the cost of all immigration, customs and similar charges in respect of all passengers.
The Customer shall ensure that all passengers and their baggage arrive at the check-in or departure point not later than the specified time. In the event of any passenger or baggage not being at the check-in or departure point at the required time, the Operator shall not be obliged to delay departure. If the Operator agrees to delay departure or deviate from the planned route at the request of the Customer, the Customer shall be liable for all additional costs and charges incurred.
The Operator, at its absolute discretion, may refuse to carry any passenger or baggage, decide what load may be carried and its distribution, and make all other decisions regarding the operation of the Aircraft.
All liabilities in relation to the carriage by air of passengers and their luggage shall be governed by the terms and conditions of the Operator, a copy of which is available on request.
Firnas Private Ltd is not an air carrier and its liability to the Customer shall be limited in any event to the Charter Price.
The Customer shall indemnify Firnas Private Ltd against any liability that Firnas Private Ltd might incur as a result of any breach of contract by the Customer or any act or omission of any passenger in the course of the carriage provided under the Air Charter Agreement.
In the event of cancellation of the Charter or any part of it, Firnas Private Ltd shall be entitled to receive, as liquidated damages and not a penalty, the following:
- 20% of the Charter Price if cancellation is received more than seven (7) days before departure;
- 50% of the Charter Price if cancellation occurs less than 7 days but more than 48 hours before departure;
- 75% of the Charter Price if cancellation occurs less than 48 hours before departure;
- 100% of the total Charter Price if cancellation occurs less than 24 hours prior to departure or if part of the Charter has been completed.
- If a positioning flight to the point of departure is necessary, then the above cancellation fee periods will be considered from the time of cancellation to the date of departure of such positioning flight.
- ALL DISCOUNTED ONE WAY AND EMPTY LEG FLIGHTS ARE SUBJECT TO UP TO 100% CANCELLATION CHARGES FROM SIGNED CONTRACT
Firnas Private Ltd shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft at its reasonable discretion.
No person shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Air Charter Agreement.
If any part of the Air Charter Agreement (including these Terms and Conditions) is considered by any Court or other competent authority to be unenforceable it shall be considered severable so as not in any way to affect the remainder of the terms.
The rights of Firnas Private Ltd shall not be prejudiced or restricted by any indulgence or forbearance extended to the Customer or by any delay in exercising or failure to exercise any right.
The terms set out in the Air Charter Agreement shall supersede any previous agreement or communication between the parties in relation to the Charter.
The Air Charter Agreement shall be governed by and construed in accordance with English Law.
Late payments will attract a fine of £100.00 per month or part thereof, compounded monthly.