APPENDIX 2, GENERAL TERMS OF CARRIAGE
JS AVIATION, GENERAL TERMS AND CONDITIONS FOR AIR CARRIAGE
In this Agreement unless the context otherwise requires:-
“Agreement” means this Passenger Aircraft Charter Agreement including the Schedule and any appendices or attachments thereto.
“Aircraft” means any aircraft for the time being operated in connection with any Flight.
“Base Date” means the date of charter operation.
“the Carrier” means the operator of the Aircraft as specified in the Schedule.
“Charter Price” means the amount set out in the Schedule.
“Flight” means a flight described in the Schedule.
“Schedule” means the schedule to this Agreement.
2. CHARTER PRICE AND PAYMENT
2.1 The Charterer shall pay to the Supplier the Charter Price at the time, in the currency, in the amounts and to the address specified in accordance with the provisions set out therefore in the Schedule.
2.2 The Charter Price specified in the Schedule is based on aviation fuel costs calculated on the Base Date. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Base Date and the date of operation of any Flight, then the Charterer shall pay to the Supplier on demand such amount as shall fully compensate the Carrier for such increase.
2.3 Time of payment of the Charter Price shall be of the essence of this Agreement.
2.4 No set-off or counterclaim (whether arising in respect of this Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable to the Supplier under or by reason of this Agreement. In the event that the Charterer is required to withhold any part of any payment payable by it to the Supplier hereunder or to make any deduction therefrom, it shall pay such additional amount as may be necessary so that, after making such withholding or deduction, the Supplier shall receive from the Charterer the full amount of such payment.
3. AIRCRAFT AND CREW
3.1 The Carrier shall be responsible for providing the Aircraft at the commencement of the Flight properly manned and equipped fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s).
3.2 The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight shall be undertaken or abandoned once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall accept all such decisions as final and binding.
3.3 All ground and operating personnel including cabin staff are authorized to take orders only from the Carrier unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Charterer.
4. TRAFFIC DOCUMENTS
4.1 The Carrier shall supply or procure the supply of passenger tickets, baggage checks, air waybills and all other necessary documents relating to the carriage undertaken pursuant to this Agreement and the Charterer shall give to the Supplier all necessary information and assistance to complete such documents as soon as possible after the making of this Agreement and, in any event, in sufficient time to be completed for issue to passengers.