Terms & Conditions
The following Terms and Conditions of Business (hereafter called terms) are part of the Transport Agreement together with Sky High Jets’ Confirmation of Arrangements to be signed by the charterer. Changes to the Transport Agreement are valid only when confirmed in writing by Sky High Jets Limited. The Transport Agreement’s terms apply together with the regulations of the country they are based in as well as the Warsaw Agreement.
1 All offers are without engagement, depend on availability and are subject to all traffic rights.
2 The subject of this contractual agreement is the transport of passengers and/or goods from point of departure to destination as stated in the Sky High Jets Limited offer for charter. The charterer or its passengers do not have any further rights, especially direct or indirect influence on the personnel and the aircraft.
3 The prices stated in the offer are firm and calculated according to the customer's individual requirements, although the customer agrees to be bound by any applicable taxes and by any variations provided they are levied in accordance with the contract with the air carrier (“the Charter Contract”), as a result of inaccurate information being provided by the customer or any other fault on their behalf.
4 This agreement does not constitute a contract of carriage, you authorise Sky High Jets Limited to enter into and sign the Charter Contract in your name as your agent (not as Principal) and on the basis that no liability under the Charter Contract shall be accepted expressly or by implication by Sky High Jets Limited, and you agree to be fully bound by your obligations under the Charter Contract. Your sole recourse for breach of the Charter Contract is against the air carrier. In entering into this Agreement Sky High Jets neither acts nor holds itself out as a principal in respect of the provision of air services nor as a licensed air carrier.
5 Sky High Jets Limited will take all reasonable care in ensuring the maintenance, operation of the aircraft and that a reasonable quality of service is provided by the air carrier. However, the customer agrees that carriage will be provided by the air carrier and the air carrier will ultimately have the exclusive responsibility for the maintenance and operation of the aircraft and for the service provided by its crew for the period of the charter.
6 Limited Liability The transport of passengers is regulated by the Warsaw Agreement. The operator's liability for death or injuries of the passengers as well as loss or damage of the luggage is limited accordingly.
7 Availability Sky High Jets Limited reserves the right to provide at any time the charterer with another similar aircraft should the offered/booked aircraft be unavailable for any reason. Sky High Jets Limited may charge all extra costs arising to the customer, however the charterer may cancel the flight should this be the case. Should an aircraft become unserviceable during the charter, Sky High Jets Limited shall use their best endeavours to utilise other aircraft of similar size and amenities and the option shall be presented to the client, any additional costs maybe recharged to the client as a result of the client's agreement to utilise this replacement aircraft, however, Sky High Jets Limited as agents shall endeavour to reduce any costs to a minimum. Furthermore, on request, Sky High Jets Limited shall negotiate on the client's behalf for any expenses incurred by the client as a direct result of unservicability. Sky High Jets Limited shall not be held liable for these charges but shall use its best endeavours to recover these costs should the client wish for Sky High Jets Limited to perform these negotiations with the contracted airline.
8 If for any reason the Aircraft is diverted from any destination airport set out in the Charter Contract, the flight shall be deemed complete when the aircraft arrives at the airport to which it has been diverted. Sky High Jets shall have no responsibility in respect of diversions or the effect of diversions on the customer.
9 Where, at the request of the customer, Sky High Jets arranges for passengers to be transferred to their original destination by alternative means of transport, it shall be deemed to arrange such service as agent only for the customer and shall under no circumstances whatsoever be liable for (and the customer shall fully indemnify Sky High Jets against) any Loss incurred by Sky High Jets and arising out of such arrangements or transport. All costs of any such transfer shall exclusively be for the account of the customer.
10 Sky High Jets Limited cannot take any responsibility with regards to visa or any other entry requirements of its passengers imposed by law, the air carrier or any other relevant party.
11 Any levy to Sky High Jets Limited due to the lack of required entry documents will be fully charged to the charterer.
12 Transport of passengers and/or goods stated in our offer are usually payable immediately unless previously agreed with Sky High Jets Limited. In general the flights are per-formed against advance payments only. In case of invoicing payments are to be made immediately without any deduction. A payment which has not been received within 14 days of the invoicing date is considered late and actual interest charges at the rate of 4% above the base from time to time of The Bank of England are added to the initial amount.
13 Sky High Jets will be responsible for the safekeeping of the Charterer’s funds whilst the same are in Sky High Jets’ bank account. As soon as monies are transferred to the air carrier, Sky High Jets bears no further responsibility or liability in respect of the safekeeping or proper application of such funds by the air carrier.
14 Sky High Jets Limited cancellation fees are as follows (unless otherwise stated or agreed):
20% on booking / 30% one week prior to first departure / 50% if cancelled 48 hours prior
70% if cancelled 24 hours prior/ 100% if less than 24 hours prior / no show or no notice
Refunds (whole or partial) of the charter price owing to a cancellation are subject to the Charter Contract. Sky High Jets is not responsible for providing a refund on the basis the Charter Contract is between the customer and the air carrier. It will however offer the customer reasonable assistance in liaising with the air carrier as regards the consequences of making a variation to or cancelling a flight or the Charter Contract.
15 From time to time Sky High Jets Limited is also asked to provide fuel supply and broking services to the air carrier. Our contract for fuel supply is with the air carrier but we make reference in our contract with you as it is important. Where there is a fuel supply contract in place and the air carrier is late in making payment under such contract, there is a specific clause in such contract that Sky High Jets may recover outstanding payments under the Fuel Supply Contract due from the air carrier by deducting the amounts due from the charter price received from you the chartered by Sky High Jets before Sky High Jets remits the balance to the air carrier. You acknowledge this clause and expressly agree to such deductions being made.
16 If any one or more clauses of these terms shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby, and the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable and, to the greatest extent possible achieves the parties’ original commercial intention.
17 Applicable Law These terms are governed by and construed in accordance with international aviation laws and the laws of the United Kingdom.