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Terms and Conditions

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1. Definitions

  1. Throughout this agreement the following expressions shall have the following meanings:

    Debonair’ means 10 10 2010 Limited, trading as Debonair Private Charter, a Company registered in England and Wales as Company Number 7018654 with VAT Number GB 170 7934 91.

    Charter Confirmation’ means the document issued by Debonair after a booking is made, specifying all travel arrangements, services and prices.

    Charter’ means all travel arrangements and services specified in the Charter Confirmation.

    Flight’ means any flight specified in the Charter Confirmation.

    Aircraft’ means any aircraft operated in connection with any Flight.

    Carrier’ means the operator of any Aircraft used in connection with any Flight.

    Principle’ means the individual person booking the Charter on behalf of the Client and acting as the principle point of contact.

    Client’ means the individual person, agent, Company or other entity financially responsible for the Charter.

    Passenger’ means the individual person travelling on the Aircraft specified in the Charter Confirmation.

  2. Throughout this agreement, the singular shall include the plural and vice versa and the masculine shall include the feminine and vice versa.

2. Agreement

  1. These Charter Terms and Conditions form an integral part of any agreement with, and shall apply to all Charters arranged by Debonair, superseding and excluding any other terms, conditions, warranties, representations and communications, whether expressed or implied, unless specifically agreed by all relevant parties in writing.

3. Booking

  1. A contract is formed when the Principle signs the Charter Confirmation. In doing so, the Principle confirms that he / she: i. is over the age of 18, ii. has full authority to arrange the Charter and payments due to Debonair on behalf of the Client, iii. has full authority from a parent / legal guardian of any Passenger under the age of 18 at the time of booking to make arrangements on their behalf, iv. agrees to be bound by these Charter Terms and Conditions, and v. agrees to ensure that the Client and Passengers are aware of and agree to be bound by these Charter Terms and Conditions.

  2. It is the responsibility of the Principle to notify Debonair of any inaccuracies in the Charter Confirmation prior to signature. On receipt of the signed Charter Confirmation, Debonair will issue an invoice, payment of which is due in accordance with clause 5 below. It is the responsibility of the Principle to notify Debonair of any inaccuracies in the invoice within 72 hours of receipt. Debonair cannot guarantee to rectify errors or omissions notified late.

4. Price

  1. Prices quoted are subject to change. Only the travel arrangements and services specified in the Charter Quote, Charter Confirmation or invoice are included in the price quoted. Where VAT is applicable, this will be clearly stated.

  2. Debonair will be entitled to pass on to the Client, after signature of the Charter Confirmation, any increase in costs incurred as a direct result of any increase in costs that the Carrier is entitled to pass on to Debonair. This may include, but is not limited to increases in the cost of fuel, insurance, transportation, levies imposed by the UK government or any other regulatory body, and the effect of significant exchange rate fluctuations between the date of signing the Charter Confirmation and departure of the first Flight specified in the Charter Confirmation. Debonair will use best endeavours to ensure that price will not increase after signature of the Charter Confirmation, but where this is unavoidable, will promptly advise and discuss options with the Principle.

5. Payment

  1. A deposit of 20% of the total invoice, including VAT if applicable, is due within 72 hours of signature of the Charter Confirmation. In the event that the deposit is paid after 72 hours from signature of the Charter Confirmation, Debonair shall be entitled to re-quote. Debonair will not confirm arrangements with the Carrier and / or other service providers until the deposit is paid and funds are cleared.

  2. The full balance is due at least 14 working days before departure of the first Flight specified in the Charter Confirmation.

  3. In the event that the Client fails to make payment when due, Debonair shall be entitled to treat such failure as a breach of this agreement and shall be entitled to treat the Charter as cancelled by the client on the date that Debonair accepts such breach. In this event, refund will be due in accordance with clause 6 below.

  4. Payment can be made by bank transfer, debit card, credit card or PayPal. An additional fee of 2% will be applicable to payments made by Mastercard or Visa credit cards, 3% to payments made by American Express or 4% to payments made by Paypal.

6. Alterations or Cancellation by the Client

  1. Requests for alterations to a Charter, after signature of the Charter Confirmation, must be made in writing by the Principle. Debonair will use best endeavours to accommodate any such request, but cannot guarantee being able to do so. Where such a request can be accommodated, an alteration charge of £50 + VAT will be applicable, in addition to any direct cost relating to the alteration, where applicable. The alteration will not be made until the aforementioned payment(s) is (are) made.

  2. In the event of cancellation, the following refund of the applicable cost will be made. Notice received in writing provided:

    i. < 24 hours before departure of the first Flight specified in the Charter Confirmation: 0%

    ii. 24 - 72 hours before the first Flight specified in the Charter Confirmation: 25%

    iii. 72 hours - 14 days before the first Flight specified in the Charter Confirmation: 50%

    iv. > 14 days before the first Flight specified in the Charter Confirmation: 75%

  3. In the event of a ‘no show’, or request to alter or cancel any element of a Charter after departure of the first Flight specified in the Charter confirmation, no refund will be applicable under any circumstances.

  4. Any refund applicable will be made via the same method as the original payment, within 72 hours of receipt of the written request of alteration or cancellation, after accounting for any unpaid monies in relation to the Charter.

7. Alterations or Cancellation by Debonair

  1. In the event that, for reasons outside of the control of Debonair, the intended Aircraft becomes unavailable, for technical reasons or otherwise, Debonair will use best endeavours to locate and charter a suitable alternative aircraft operated by the same, or if need be, a different Carrier. In the event that Debonair would incur additional cost in providing such alternative aircraft and the Client declines to bear such cost, the booking for the affected Flight shall be deemed cancelled by mutual consent and Debonair shall have no liability to the Client except for the return of any and all monies paid in relation to that element of the Charter. 

  2. Debonair shall not be liable for any cost incurred or loss or damage whatsoever suffered by the Client as a result of delay, diversion or cancellation of any Flight arising from inclement weather, strike, air traffic control instruction or any other factor outside of the control of Debonair. Where, in these circumstances, it is necessary for the Aircraft to land at an airport other than that stated in the Charter confirmation, the affected Flight shall be deemed completed when the Aircraft arrives at the airport to which it has been diverted. If Debonair arranges for Passengers to be transferred to their original or an alternative destination, it shall be deemed to be doing so as an agent of the Client, who shall bear any and all costs so incurred. 

  3. In the event that it is necessary for Debonair to make minor changes to a Charter, in that the service provided is not materially different, Debonair will use best endeavours to promptly notify all relevant parties and where possible, provide alternatives. In this event, the Client will not be entitled to cancel any element of the Charter, or receive compensation. Minor changes may include, but are not limited to changes of:

    i. departure or arrival times of less than three hours,

    ii. Aircraft (where replacement is of a similar or superior specification to that booked),

    iii. Carrier,

    iv. Aircraft crew,

    v. meals or catering services,

    vi. departure or arrival airport (within 25 miles by road to that booked),

    vii. motor vehicle (where replacement is of a similar or superior specification to that booked),

    viii. chauffeur company, or

    ix. chauffeur.

8. Obligations of the Client

  1. The Client shall promptly provide all information requested by Debonair in respect of all Passengers as so may be required for the purposes of arranging the Charter, provision of documentation and compliance with regulatory requirements.

  2. The Client shall provide to each Passenger, acting as agent of Debonair, any and all travel documents and information provided by Debonair necessary to facilitate travel. 

  3. The Client shall ensure that each Passenger, in respect of whom any applicable regulation applies, receives proper notice of the liability provisions of the Operator in accordance with the requirements of any such applicable regulation before the Passengers embarks. 

  4. The Client shall ensure that all Passengers have in their possession any and all necessary travel documentation in order to allow entry to the country / countries of arrival as specified in the Charter Confirmation. Debonair shall have no responsibility to provide information or advice in relation to such documentation. The Client shall be liable for any and all costs incurred as a result of, or incidental to the failure of Passengers to have such documentation in their possession. 

  5. The Client shall ensure that all Passengers comply with any and all applicable immigration, customs, legislative, public health and other regulations, rules, and codes of practice of the United Kingdom and other countries as specified in the Charter Confirmation. Debonair shall have no responsibility to provide information or advice in relation to such regulations, rules and codes of practice. The Client shall be liable for any and all costs incurred as a result of, or incidental to the failure of Passengers to comply with such regulations, rules and codes of practice.

  6. The Client shall ensure that all Passengers are protected by an appropriate travel insurance policy to cover personal injury or accident, death, medical and repatriation expenses, loss of or damage to luggage, property and valuables, personal liability, delay, cancellation, missed departure and legal expenses. Debonair is entitled to request proof of such insurance prior to departure. 

  7. The Client shall ensure that all Passengers arrive at their designated place of departure by the designated check-in time as specified in the Charter Confirmation. The Aircraft is entitled to depart whether or not all Passengers are on board. Debonair shall have no responsibility in relation to Passengers who fail to arrive on time, and is entitled to cancel a Flight without refund or compensation if an Aircraft is kept waiting for in excess of three hours due to the late or non-arrival of Passengers. 

  8. The Client shall be liable for any and all costs incurred as a result of, or incidental to the failure of Passengers to arrive at their designated place of departure by the designated check-in time as specified in the Charter Confirmation. Such costs may include, but are not limited to airport charges, and accommodation, transportation, meals and refreshments for crew. 

  9. The Client shall be liable for any and all costs incurred as a result of, or incidental to reasonable delays or re-routes arising from inclement weather, strike, or air traffic control instruction. Such costs may include, but are not limited to airport charges, hangering, parking, de-icing and accommodation, meals and refreshments for crew. 

  10. The Client shall be liable for any and all subsequent transport costs incurred as a result of, or incidental to cancelled or partially cancelled Flights. 

  11. The Client acknowledges that all decisions in relation to flight plans, including decisions to omit or alter a stopping place in cases of necessity, when to take off and land the Aircraft, and safety of the Passengers and crew shall be made by the pilot. The Client shall be liable for any and all costs as a result of, or incidental to any deviation from the itinerary specified in the Charter Confirmation which the pilot deems necessary. Where, in these circumstances, it is necessary for the Aircraft to land at an airport other than that stated in the Charter confirmation, the affected Flight shall be deemed completed when the Aircraft arrives at the airport to which it has been diverted. Where Debonair arranges for Passengers to be transferred to their original or an alternative destination, it shall be deemed to be doing so as an agent of the Client, who shall bear any and all costs so incurred.

  12. The Client shall be liable for any and all damage caused to the Aircraft by Passengers and agrees to accept full responsibility for any and all costs associated with, or incidental to the repair of any such damage. 

  13. The Client acknowledges that the pilot and / or the Operator, at their sole discretion, are entitled to refuse to allow any Passengers to board the Aircraft should they deem it necessary for any reason, including, but not limited to their behaviour, conduct or condition, whether accidental or otherwise. The Client shall be liable for any and all costs incurred as a result of, or incidental to such refusal.

  14. The Client shall ensure that all luggage is properly and sufficiently packed for air transit and acknowledges that the pilot and / or Operator, at their sole discretion, are entitled to refuse to allow on board any luggage which has not been properly or sufficiently packed, or items which are deemed hazardous. 

  15. The Client shall be liable for any and all costs incurred as a result of, or incidental to the storage, transit or customs clearance of any luggage. 

  16. In the event that any luggage is lost or damaged during air transit, the Client shall promptly bring the matter to the attention of Debonair and the Carrier and in any event within 48 hours of the loss or damage being identified. 

  17. The Client shall not sell or otherwise make available for valuable consideration any part of the flight accommodation on any Flight made available for the exclusive use of the Client.

9. Obligations of Debonair

  1. Debonair shall make available, for the exclusive use of the Client, a crewed and fuelled Aircraft, together with any other services specified in the Charter Confirmation, in order to fulfil the obligations specified in the Charter Confirmation, subject to the provisions in clause 7 above.

10. Liability

  1. For the purposes of this agreement, Debonair acts as an agent for the Carrier and any and all other service providers facilitating the Charter. Debonair shall have no responsibility for personal injury or accident, death by accident or misadventure, loss of or damage to luggage, property or valuables, loss of profit, or consequential or indirect loss or damage whilst consuming the services specified in the Charter Confirmation, howsoever caused. The Client acknowledges that he is in direct contractual agreement with the Carrier and / or other service providers specified in the Charter Confirmation.

  2. Debonair is not an air carrier and as such shall have no liability whatsoever in respect of the air transit of Passengers. This agreement between Debonair and the Client shall not constitute a contract for air transit. All liabilities in relation to the air transit of Passengers and their luggage shall be governed by the conditions of the Operator, a copy of which is available on request. 

  3. Debonair makes no undertaking whatsoever in relation to the transit of luggage, property or valuables, and accepts no liability for loss or damage, howsoever caused. 

  4. Debonair shall not be liable for any deficiency if this is caused in full or in part by the Client or Passengers, by an unconnected third party, or by unforeseeable or unavoidable events outside of the reasonable control of Debonair. 

  5. The Client shall indemnify Debonair against any liability that Debonair may incur as a result of, or incidental to any breach of this agreement by the Principle, Client or Passengers, including any act or omission of any Passenger in the course of air transit. 

  6. The liability of Debonair to the Client for any breach of its obligations under this agreement shall be limited in any event to the total price specified in the Charter Confirmation. In no circumstances shall Debonair be liable for any loss of profit or consequential or indirect loss or damage suffered by the Client or Passengers. 

  7. The rights of Debonair shall not be prejudiced or restricted by any indulgence or forbearance extended to the Client or by any delay in exercising or failure to exercise any right. 

  8. The Client shall not be entitled to assign, novate, deal or transfer any of its rights or obligations under this agreement without the prior written consent of Debonair. 

  9. In respect of travel governed by international convention, any liability shall be limited in the manner provided by the relevant international convention. 

  10. If any part of this agreement is deemed by any Court or other bona-fide authority to be unenforceable, it shall be considered severable so as not in any way to affect the remainder of the terms. 

  11. This contract is governed by English Law and is subject to the exclusive jurisdiction of the English Courts.

11. Force Majeure

  1. If Debonair is prevented from fulfilling any part of the Charter as a result of strikes, lockouts, inclement weather, war or threatened war, terrorist activity, riot, demonstration, fire, flood, earthquake, any other Act of God, any order of a Court or Government, or for any other reason beyond the control of Debonair, all obligations hereunder shall be permanently suspended.
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Registered in England and Wales as Company Number 7018654 | VAT Number GB 170 7934 91 | Registered Trademark Number UK00003026774 | Sitemap