Domestic Charter General Terms and Conditions

The Agreement

  1. This document (hereinafter referred to as the “Charter Agreement"), including all of its Schedules, Annexes, and the following named documents, incorporated herein by reference, constitute the entire Air Seychelles Domestic Charter Agreement between the Parties (hereinafter referred to as the "Charter Agreement" or the "Agreement")

Term

  1. This Agreement comes into effect from the (Effective date) until the (End date).

Applicable Rates

  1. A surcharge of 15% will apply on Price Base for charters operated between 1830 hours and 0600 hours local time.
  2. Any additional holding on ground will be charged at a rate of USD200 per hour (rounded up to the nearest full hour) and must be confirmed by the Carrier in advance of operation and will be added in Demurrage.
  3. All Total Charter Quotes are inclusive of the passenger service fee and 15% value added tax and any Surcharge applicable.
  4. All Total Charter Quotes include a holding time of 15 minutes maximum at destination.
  5. The Carrier reserves the right to review its rates from time to time including but not limited to the introduction of additional charges for additional services rendered as well as on the basis of any increase of mandated costs  over which the Carrier  has no control.

Payment Terms

  1. Payment must be made in full before departure in order for the Carrier to operate the flight.
  2. Payment can be made to the Carrier, in one of the accepted form below, agreed upon by the Parties.
    1. Payment shall be made to the Carrier’s bank account using the bank details below.
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  1. Payment shall be settled through the Customer’s Partner card, if the customer has credit facility with the Carrier. Invoices should be settled 30 days from day of receipt.

Notices , Cancellations and Additional Charges

  1. All requests for changes (including but not limited to Deviations and Demurrage) must be sent to hmcharters@airseychelles.com at least 24 hours before departure, if applicable. Any request for additional services or changes in the date of the charter operation may incur additional charges.  
    1. In cases of requests made within 24 hours of departure, this contract will allow Customer to make full payment before departure without delay.
    2. If cancellation was due to the Carriers’ operational issues or unfavourable weather conditions then no penalty will be applied and Total Charter Quote will be refunded in full.
    3. For cancellations made by the Customer below charges will apply:
  1. In the event the Carrier cancels or interrupts the charter flight or any portion thereof, it shall be entitled to receive or retain that portion of the Charter price relating to the Charter service already performed in accordance with this Agreement. 
    1. 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 the Carrier’s control, including (without limitation) the acts or omissions of third parties, labour difficulties, weather conditions, mechanical breakdown of or accident to the Aircraft or any part of it, natural disaster or the act of any authority, the Carrier shall use reasonable endeavors to perform or continue the charter service (and may at its discretion but without obligation substitute another aircraft) but otherwise shall have no liability to the Customer. The Customer shall be liable to pay such part of the Charter Price as is relating to that part of the Charter service which has been performed (if any), and all expenses whatever connected with it, and anything in excess already paid by the Customer shall be refunded. The Carrier’s determination of the referable part of the price and the connected expenses shall be conclusive, in the absence of manifest error.
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  1. General Conditions
    • I. The Carrier reserves the right to delay the departure of any of its flight, to divert, interrupt or to cancel any of the flights, whenever reasonably necessary, for security, safety or technical reasons. The Carrier may exercise the same rights for operational reasons which are not under its control. In any event, prompt notice shall be given to the Customer.
    • II. The carriage of the Customer’s baggage and cargo pursuant to the terms of the contract shall be subject to the rules, regulations and operating authorizations set forth by the Seychelles Civil Aviation Authority as well as subject to the conditions of carriage of the Carrier. The Carrier reserves the right to refuse to carry cargo that does not conform to the Carrier’s conditions of carriage or that are too bulky to be taken in flight.
    • III. The flight shall at all times be governed by the Carrier’s air operator’s certificate issued by the Seychelles Civil Aviation Authority.

 Relationship between the Parties

  1. Each, the Carrier and the Customer shall, conduct business under its own name and shall not represent or in any way indicate that its relationship with the other Party is anything other than that described herein. The Carrier and the Customer shall be independent contractors and neither shall have any right or power to incur any debt, obligation or liability on behalf of the other.
  2. This Agreement shall inure to the benefit of and shall bind the Parties and their respective heirs, successors, permitted assigns and legal and personal representatives.  Subject to the preceding sentence and as otherwise specified herein, nothing in this Agreement is intended to confer any rights or remedies on any person or entity which is not a party to this Agreement.

Insurance and Indemnity

  1. The Carrier shall at its own cost and expense maintain in full force and effect during the term of the charter period the required insurance with respect to the Aircraft.
  2. Notwithstanding (a) above, the Carrier shall be liable for and shall bear all risks of loss of or damage to the Carrier’s aircraft (including loss of use thereof), however caused during the Charter period and the Carrier waives all rights of recourse against the Customer, its directors, officers, servants, employees, passengers and agents in respect thereof except in respect of claims caused by the gross negligence or willful misconduct of the Customer, its directors, officers, servants, employees, passengers and agents.

Severability

  1. If any provision of this Agreement or portion thereof is held invalid, illegal, void or unenforceable by reason of any rule of law, administrative or judicial provision or public policy, all other provisions of this Agreement shall nevertheless remain in full force and effect to the extent such remaining provisions accurately reflect the intent of the Parties

Waiver

  1. The Parties shall not be deemed to waive any right or remedy except by an express waiver in writing, signed by the waiving party.  Delay or omission to exercise any right or remedy shall not operate as a waiver of that or any other right or remedy.

Assignment 

  1. This Agreement may not be assigned, in whole or in part, by a Party hereto without the prior written consent of the other Party.

 Non-Exclusive Remedies

  1. Any remedies expressly provided for in this Agreement and/or available to either party hereunder are cumulative and non-exclusive, and may be exercised concurrently or separately. The exercise of any one remedy shall not be construed to prohibit either party from pursuing any and all other remedies that may be available at law, in contract, or in equity.

Termination

  1. Either Party shall be entitled to terminate this Agreement effective immediately, in the event of a breach of the terms and conditions of this Agreement by the other Party.
  2. Either Party shall be entitled to terminate this Agreement without cause effective immediately.

 Entire Agreement and Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of Seychelles. No provision of this Agreement shall be changed or modified in any way, either in whole or in part except by an instrument made in writing and signed by the duly authorized officers of both Parties.

 Dispute Resolution

    1. Any dispute or claim arising out of or in relation to this Agreement (including non-contractual disputes or claims) shall be notified by the disputing Party to the other in writing.
    2. The Parties will attempt in good faith to resolve any dispute or claim through negotiations between authorized representatives of each Party.
    3. Should the dispute relates to invoices and payment thereof, the Parties agree that the undisputed amount shall be settled and the remaining shall be subjected to other recourse as stated in (c) below.
    4. If the dispute cannot be settled amicably within sixty (60) days from the date on which a written notice has been served to the other Party, then the dispute shall be referred to the courts of Seychelles for resolution.

PAYLOAD CAPABILITIES OF THE DHC-6 (TWIN OTTER) SPECIFIC TO CHARTER DESTINATION

Note: 

  1. Payload consists only of passengers, baggage and cargo. All payloads may decrease depending on the final fuel taken by the Captain on the specific flight for that specific day 
  2. The following restrictions apply; 
    1. VMC (Visual Meteorological Conditions) only, 
    2. Day time only

IMPORTANT NOTE FOR PAYLOAD CALCULATIONS 

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