1. Provision of Aircraft & Price
1.1 Once a flight is sold, SPA shall provide the Aircraft for the Customer’s use, properly equipped,manned and fuelled. The crew who shall be SPA employees servants or agents, shall fly according to the Flight Schedule as requested by the customer. SPA’s employees, servants or agents shall follow SPA’s instructions only.
1.2 If customer chose to pay by credit card administrative fees of 3% of the total cost of the flight will be applied.
1.3 Mode of Payment: Total amount to be deposited before setting up the flight.
1.4 The Price includes, standard catering charges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel, oil lubricants, maintenance, insurance, landing and navigation fees, airport charges and similar operational expenses.
3. Flight Schedule
3.1 If the Customer requests the use of the Aircraft for any flight(s) and /or services other than as specified in the Flight Schedule agreed upon, without prejudice to SPA’s absolute right to refuse such request, if SPA agrees to perform any such flight(s) the Customer shall on demand pay to SPA in respect of such flight(s) and or services, such sum(s) as SPA shall notify to the Customer as the amount for such additional flights(s) and/or services together with all fees and charges incurred, arising from, or in connection with SPA’s performance of each additional flight and/or service, including but not limited to and without prejudice to the generality of the foregoing, landing fees, hangar age fees, parking fees, navigation fees, ground service and handling fees, customs duties and fees, airport surcharges, accommodation, meals and refreshment charges for passengers and crew and all other associated expenses thereby incurred.
4. SPA’s Discretion & Diversions
4.1 The Captain of the Aircraft (the “Captain”) shall have absolute discretion to decide what load, including the number of passengers, may safely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether, how and when a flight may be safely undertaken and when, how and where the Aircraft shall be landed. All such decisions of the Captain shall be final and binding on the Customer and SPA shall not be liable to the Customer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the Captain.
4.2 The amount and weight of accompanied baggage shall be according to aircraft limitations and at SPA’s discretion.
4.2.1 The following or like articles, namely, live animals may only be carried with SPA’s prior knowledge and consent. SPA has the absolute and sole discretion to grant or withhold Such consent.
4.2.2 The following or like articles, namely, explosives, combustible materials firearms and live animals, and other such hazardous cargo, including (without limitation) those listed on the current edition of the IATA Dangerous Goods Regulation or such other re-enactment of that Regulation, shall not be carried on board any flights. SPA may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, SPA may refuse to carry any baggage considered by the Captain or by any other responsible employee, servant or agent of SPA, to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the Aircraft may be flown.
4.3 If, for reasons of safety or security or other operational reasons not being the fault of SPA or attributable to the Customer or any passengers, the Aircraft is diverted from any schedule destination specified in the Flight Schedule, SPA shall use its reasonable endeavors to procure that, as soon as reasonably practicable after arrival at such alternate destination, the Aircraft is flown to its scheduled destination. SPA shall have no liability or responsibility to the Customer or any other party for any delay to passengers, baggage or cargo so occasioned (but SPA will pay the additional costs and expenses incurred by it arising as a result of the diversion and/or the flight to the scheduled destination).
5. Flight Cancellation Terms
1) 25% of the total amount upon contract date.
2) 50% if flight is cancelled 7 days prior to flight date.
3) 75% if flight is cancelled 3 days prior to flight date.
4) 100% if flight is cancelled 2 days prior to flight date.
6. Non-performance or Delay
6.1 In the event of non-performance or delay caused by any circumstances whatsoever beyond the reasonable control of SPA including, but not limited to, acts of terrorism, acts of third parties, labor difficulties, force majeure (including but not limited to inclement weather), technical breakdown, accident to the Aircraft ( or any part thereof) or any machinery to be used in relation to the Aircraft, SPA shall use its reasonable endeavors to perform or continue the Flight Schedule but otherwise shall have no liability to the Customer or any passengers for such non-performance or delay and any time so lost shall not count in computing demurrage.
7. Laws and Traffic Regulations
7.1 The Aircraft shall be used only in compliance with the laws and regulations of the relevant authorities of the Kingdom of Saudi Arabia or any other country to, from or over which the Aircraft is flown. SPA shall, at its own expense, apply for and use its reasonable endeavors to procure the grant of all licenses or permits required by the laws of the Kingdom of Saudi Arabia and of any other country to, from or over which the Aircraft is to be flown for the performance of the relevant Flight Schedule.
7.2 SPA shall apply and complete such documents relating to the carriage undertaken pursuant to this Agreement as SPA shall in its absolute discretion consider necessary and, when requested by SPA, the Customer shall give to SPA in good time, all information and assistance required to complete such documents.
7.3 The Customer represents and warrants that all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight. In the event that any immigration authorities refuse entry to any passenger(s) and SPA is required to transport such passenger(s) to the point of origin of the flight or to any other point then the cost of so doing shall be payable by the Customer to SPA immediately upon demand. Where notices or information are delivered to the Customer or its agents by SPA for distribution to passengers, the Customer warrants and undertakes to SPA that it will effect delivery of such notices or information to the passengers at a reasonable time prior to the commencement of the Flight Schedule and shall indemnify SPA against all liabilities, costs and expenses which result from any failure by SPA to effect such delivery.
7.4 The Customer will comply with and shall use its best endeavors to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of SPA and all customs, police, public health and other laws and regulations which are applicable in the countries in which flights are originated, landings are made or over which flights are made.
8. Notices
8.1 Any notice required be given hereunder shall be given by sending the same by facsimile, email, prepaid post or by hand delivery to the address of the addressee shown in this Agreement or to such other address as either party may notify to the other for this purpose. If sending by facsimile, notice shall be deemed to have been given at the time of dispatch and if sending by post, notice shall be deemed to have been given on the day on which it would have been received in due course of post.
9. Luggage
9.1 Falcon 7x Luggage Capacity:
(140 Cubic Ft.) Holds the equivalent up to 18 standard - size suitcases.
9.2 Hawker 400XP has a Limitation in Luggage Capacity:
(56.4 Cubic Ft.) Holds the equivalent up to 4 carry-size suitcases.