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Helicopter Charter & Pleasure Flights Terms and Conditions
Kingmoor Aviation Limited
t/a Helicentre Liverpool
1 INTRODUCTION
1.1 In these conditions the following words and phrases shall have the meaning or meanings attributed thereto:
"Helicentre/We/Us" means Kingmoor Aviation Limited t/a Helicentre Liverpool or any other company subsidiary thereto or associated therewith or working on behalf of Kingmoor Aviation Limited.
"You" means any person as set out in the Confirmation Form.
"Confirmation Form" means the online form to which these terms and conditions are linked.
"Agreement" means collectively these terms and conditions and the Confirmation Form.
"Services" means the provision of the Aircraft with crew for the completion of the Programme.
1.2 The terms upon which Helicentre is provide the Services are contained in these conditions to the exclusion of all other terms, conditions warranties and representations.
1.3 Kingmoor Aviation Ltd t/a Helicentre Liverpool holds a UK Air Operators Certificate (AOC No: 2208).
1.1 In these conditions the following words and phrases shall have the meaning or meanings attributed thereto:
"Helicentre/We/Us" means Kingmoor Aviation Limited t/a Helicentre Liverpool or any other company subsidiary thereto or associated therewith or working on behalf of Kingmoor Aviation Limited.
"You" means any person as set out in the Confirmation Form.
"Confirmation Form" means the online form to which these terms and conditions are linked.
"Agreement" means collectively these terms and conditions and the Confirmation Form.
"Services" means the provision of the Aircraft with crew for the completion of the Programme.
1.2 The terms upon which Helicentre is provide the Services are contained in these conditions to the exclusion of all other terms, conditions warranties and representations.
1.3 Kingmoor Aviation Ltd t/a Helicentre Liverpool holds a UK Air Operators Certificate (AOC No: 2208).
2 OBLIGATIONS
2.1 We shall provide the Aircraft manned, maintained and equipped for the performance of the Programme but shall provide no other services, either in flight or on the ground, unless specifically agreed.
2.2 The commander of the Aircraft shall have absolute discretion;
2.2.1 to refuse to carry any passengers, baggage or cargo;
2.2.2 to decide what load shall be carried and its distribution;
2.2.3 to decide whether, when and how a flight may safely and legally be undertaken and where and when the Aircraft should be landed;
2.2.4 generally as to all matters relating to the operation of the Aircraft.
2.3 You shall comply with all directions and instructions of Helicentre and the commander of the Aircraft in relation to the Services.
2.4 Unless we are prevented from doing so by a Force Majeure Event (as defined below), we will provide Services which:
2.4.1 conform in all material respects with their description;
2.4.2 are carried out with reasonable care and skill;
2.4.3 are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;
2.4.4 comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
2.1 We shall provide the Aircraft manned, maintained and equipped for the performance of the Programme but shall provide no other services, either in flight or on the ground, unless specifically agreed.
2.2 The commander of the Aircraft shall have absolute discretion;
2.2.1 to refuse to carry any passengers, baggage or cargo;
2.2.2 to decide what load shall be carried and its distribution;
2.2.3 to decide whether, when and how a flight may safely and legally be undertaken and where and when the Aircraft should be landed;
2.2.4 generally as to all matters relating to the operation of the Aircraft.
2.3 You shall comply with all directions and instructions of Helicentre and the commander of the Aircraft in relation to the Services.
2.4 Unless we are prevented from doing so by a Force Majeure Event (as defined below), we will provide Services which:
2.4.1 conform in all material respects with their description;
2.4.2 are carried out with reasonable care and skill;
2.4.3 are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;
2.4.4 comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
3 PRICE AND PAYMENT
The price of the Services will be as set out in the Confirmation Form. You shall pay this amount to Us in advance of the flight.
The price of the Services will be as set out in the Confirmation Form. You shall pay this amount to Us in advance of the flight.
4 NON-PERFORMANCE, DELAY, VARIATIONS AND DIVERSIONS
4.1 We shall use reasonable endeavours to perform and complete the Programme but may depart from it if it is reasonably necessary or advisable in its opinion in the interest of safety or legality. We shall use reasonable endeavours to perform the Programme in accordance with any times indicated but such times are not guaranteed and we shall have no liability for reasonable delay.
4.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), pilot illness, or pilot unfit or unsafe to provide the Programme or Services; aircraft inoperable or unsafe due to technical reason; adverse weather conditions, in particular where it is considered in the sole discretion of Helicentre unsafe to provide the Programme or Services; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; the acts or omissions of third parties, labour difficulties, weather conditions, technical breakdown of, or an accident to the Aircraft or any part of it, natural disaster or the act of any authority.
4.3 Our obligations under this Agreement are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement can be performed despite the Force Majeure Event.
4.1 We shall use reasonable endeavours to perform and complete the Programme but may depart from it if it is reasonably necessary or advisable in its opinion in the interest of safety or legality. We shall use reasonable endeavours to perform the Programme in accordance with any times indicated but such times are not guaranteed and we shall have no liability for reasonable delay.
4.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), pilot illness, or pilot unfit or unsafe to provide the Programme or Services; aircraft inoperable or unsafe due to technical reason; adverse weather conditions, in particular where it is considered in the sole discretion of Helicentre unsafe to provide the Programme or Services; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; the acts or omissions of third parties, labour difficulties, weather conditions, technical breakdown of, or an accident to the Aircraft or any part of it, natural disaster or the act of any authority.
4.3 Our obligations under this Agreement are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement can be performed despite the Force Majeure Event.
5 TERMINATION
5.1 If You terminate this Agreement or do not show for the Programme You shall be liable to pay a cancellation charge of 100% of the price;
5.2 In the event that we should cancel the Programme due to unsuitable weather conditions, You will receive 100% refund, as long as no costs have been incurred.
5.1 If You terminate this Agreement or do not show for the Programme You shall be liable to pay a cancellation charge of 100% of the price;
5.2 In the event that we should cancel the Programme due to unsuitable weather conditions, You will receive 100% refund, as long as no costs have been incurred.
6 INSURANCE AND LIABILITY
6.1 Helicentre holds insurance cover to the level as dictated by the Civil Aviation Authority
6.2 Subject to the remainder of this clause, if either of us fails to comply with this Agreement, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with this Agreement.
6.3 Neither of us shall be responsible for losses that result from our failure to comply with this Agreement including, but not limited to, losses that fall into the following categories:
6.3.1 loss of income or revenue;
6.3.2 loss of business;
6.3.4 loss of anticipated savings; or
6.3.5 loss of data.
However, this clause shall not prevent claims for foreseeable loss of, or damage to, your physical property.
6.4 You understand and acknowledge the risks associated with helicopter flights, accept those risks voluntarily, and in consideration of your acceptance on any flight by Helicentre, assume all risks for bodily injury, waive all claims for injury and property damage and release and hold harmless Helicentre, their officials, employees, and agents with respect to any injury or loss or otherwise howsoever caused to the fullest extent permitted by law.
6.5 This clause does not include or limit in any way our liability for:
6.5.1 death or personal injury caused by our negligence; or
6.5.2 fraud or fraudulent misrepresentation; or
6.5.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
6.5.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
6.5.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
6.1 Helicentre holds insurance cover to the level as dictated by the Civil Aviation Authority
6.2 Subject to the remainder of this clause, if either of us fails to comply with this Agreement, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with this Agreement.
6.3 Neither of us shall be responsible for losses that result from our failure to comply with this Agreement including, but not limited to, losses that fall into the following categories:
6.3.1 loss of income or revenue;
6.3.2 loss of business;
6.3.4 loss of anticipated savings; or
6.3.5 loss of data.
However, this clause shall not prevent claims for foreseeable loss of, or damage to, your physical property.
6.4 You understand and acknowledge the risks associated with helicopter flights, accept those risks voluntarily, and in consideration of your acceptance on any flight by Helicentre, assume all risks for bodily injury, waive all claims for injury and property damage and release and hold harmless Helicentre, their officials, employees, and agents with respect to any injury or loss or otherwise howsoever caused to the fullest extent permitted by law.
6.5 This clause does not include or limit in any way our liability for:
6.5.1 death or personal injury caused by our negligence; or
6.5.2 fraud or fraudulent misrepresentation; or
6.5.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
6.5.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
6.5.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
7 DATA PROTECTION
We will use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
We will use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
8 GENERAL
8.1 If any court or competent authority decides that any of the provisions of this Agreement are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
8.2 A person who is not party to this Agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8.3 This Agreement shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
8.1 If any court or competent authority decides that any of the provisions of this Agreement are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
8.2 A person who is not party to this Agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8.3 This Agreement shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.