ExecutiveFlight general terms and conditions
In these terms and conditions “the enterprise” or “the entrepreneur” refers to the user of these terms and conditions, namely Executive Flight.
In these terms and conditions the term “client” means any (legal) person who has entered or wants to enter into an agreement with entrepreneur, either directly or through a third party.
In these terms and conditions the term “other party” means the one with whom entrepreneur enters or has entered into a contract to implement the assignment given by client to the entrepreneur.
These general conditions apply to all current and future offers of the entrepreneur and to the agreements between the client and the entrepreneur and the obligations ensuing therefrom.
The applicability of the client’s general conditions is hereby explicitly rejected.
In addition to these terms and conditions, both the provisions of the agreement between the entrepreneur and the other party as well as the terms and conditions applicable to this agreement also apply to the extent where they are not inconsistent with the present terms and conditions.
Capacity as entrepreneur and the nature of operations
Entrepreneur acts solely in the capacity as intermediary / consignor and in that capacity he concludes, on behalf and for the account and risk of the client, one or more agreements with one or more counterparties, who in turn commit to perform the actual work.
Entrepreneur takes out no insurance of any kind whatsoever, except upon an offer done by her in writing and which has been accepted by the client in writing. For more information about the range of insurance, deductibles etc. during flight lessons with partners, we refer to these partners. In the case of Flight Training, we refer to Article 16.3
Tenders and quotations and conclusion of agreements
Our tenders and quotations are free of engagement and can be changed, modified or revoked by us at any time
An agreement with us will be constituted only after we have accepted or confirmed the order in writing and the agreed amount is paid in full.
Any divergences or additional arrangements shall only be binding on us if we will have confirmed such in writing.
Our prices are calculated based on the tariffs, charges, duties, flight fees, fuel costs, wages, prices, exchange rates and other fees charged by the other party to the entrepreneur and / or fees at the time of the submission of our tender. In the event of increase in costs between the time of the agreement’s concluding and its implementation, and regardless of the foreseeability thereof, entrepreneur is entitled to increase the price correspondingly, unless otherwise agreed upon in writing.
Additional costs, including, but not limited to, the overstaan and landing fees, fuel surcharges at destination airports and additional flight fees are to be borne by the client.
The client is obliged to pay in advance the invoice sent by entrepreneur on or before the date set in the agreement and in the currency, at the place and in the manner as specified there. Client (both student and charter customer) must at all times maintain a positive credit balance at EFA in order to be able to carry out at least all pre-departure planned activities without incurring a debit balance on their return flight. In the event of aviation courses being extended beyond 1 week the payment can be spread. In that case, the minimum prepayment amounts to 10% of the definitive amount due. Payment of costs which are not included in the (class) fare, as well as other amounts needs to take place within one week of the submission of the corresponding invoice, in the same manner and in the same currency, or at the discretion of the entrepreneur, in the currency the entrepreneur had to settle the costs.
If the client fails to fulfill his flight or class obligations as set out in this article or does not fulfill these flight or class obligations in time client is legally in default. In that case, the cancellation policy applies as specified in the flight confirmation, at least insofar as this wouldn’t be the case the cancellation policy applied by the other party: Day of departure: 50% 24 hours before departure: 40% 48 hours before departure: 20% 72 hours before departure 10% After booking: €200.00
In the event of late payment, all judicial and extrajudicial (collection) costs made by entrepreneur are borne by the client. The extrajudicial collection costs also include any costs of legal assistance. At the discretion of the entrepreneur the extrajudicial costs amount either to 15% of the principal due or to the amount of the actual expenses incurred by entrepreneur.
The client is not permitted to set off any amount due to entrepreneur against the costs or damages incurred by the client.
Before each aviation class or upon entrepreneur’s first demand the client is obliged to provide full security for that which the client is owed to entrepreneur.
Entrepreneur is entitled to retain the means, money and documents for the account and risk of the client and/or the owner’s, against any person who demands delivery thereof.
Towards any person who demands issue thereof, entrepreneur has a right of distraint and a lien on all goods, documents and money that entrepreneur for whatever reason and for whatever purpose has in his possession and / or will obtain and this for all claims he has charged or will have charged to the client or owner.
Entrepreneur may also exercise the rights specified in this article for that which the client it is still due to entrepreneur with regard to previous orders.
Aircraft and crew
As an intermediary entrepreneur ensures that the aircraft, fully staffed and equipped, shall be made available to the student or client to perform the tasks around or training flight (s) as defined in the agreement.
Where the agreement relates to goods carriage the client needs to ensure sufficient propulsion- and means of attachment, which is, with regard to its suitability, subject to the approval of the entrepreneur.
Where the agreement relates to animal transport or cargo – and if the entrepreneur deems it necessary – the client needs to ensure on one’s own account to arrange for one or more cargo or animal attendants during the flight(s) agreed upon, these attendants need to be authorized to act in behalf of the sender and receiver.
The entrepreneur has the right to replace the airplane or the airplane type, suitable for the flights, or to have it replaced by one or more other airplanes and another airplane type respectively, suitable for transport.
Changes in flight schedules and flight locations
Modifications and / or additions requested by the client of the flight (s) agreed upon, the flight schedule or the duration of the flight (s) require the approval of the entrepreneur.
Changes and / or additions with regard to the flight(s) agreed upon, as specified in this agreement can induce changes in the charter price.
The times specified in the (class) flight schedules are approximate only and are not guaranteed. The entrepreneur is entitled to deviate from boarding location, airport / facility for flight training. Also the flight schedule and / or the duration of the flight (s) and the maximum load capacity and / or the maximum amount of passengers seats available to the client reduce. Entrepreneur will never be liable if the other party fails or delay occurs in the execution of the flight (s), including delays or the implementation of the agreement impeded as a result of third party actions, labor disputes, strikes, force majeure or any other cause whatsoever, including the destruction or the failure of the airplane, or the occurrence of accidental damage to the airplane or any part thereof, or any tool to be used for the airplane.
The operator shall ensure that permits from governmental or other authorities, necessary for the execution of the flight (s) shall be applied for, unless explicitly agreed that they will be applied for by the client. The client is obliged to act in such a way that the granting of permits referred to here is not compromised and to provide such assistance and to provide such information, data and statements to the entrepreneur who deems it necessary to obtain or to get to obtain the permits as referred to here.
If the permits referred to in paragraph 1 of this article, which the entrepreneur will take care of, are not granted, refused, not granted in time or revoked due to any cause that is not on behalf of the client, this agreement shall lapse and no charter price or penalty shall be owed, in which case the only obligation of the entrepreneur will consist of repayment of the (class) fare as far as it was paid for.
If as a result of any of the causes mentioned in the first paragraph of this article (class) flight(s) can only be partially (s) carried out within the travel time of the (class) flight(s) the flight fare will be reduced in accordance with the conditions of the other party..
Notwithstanding paragraphs 2 and 3 of this article, there can be agreed that the airplane will remain at the disposal of the client, in which case the client will owe to the entrepreneur the overstaan fees as specified in the agreement, calculated from the beginning of delay and including compensation for additional charges as the result of this overstaan.
If the permits referred to in paragraph 1 of this article are to be applied for by the client and these permits fail to occur, are refused, are not granted in time or are being revoked, rendering the entrepreneur unable to have this flight/ these flights either wholly or partially carried out by the other party, this agreement lapses and the client owes the entrepreneur the principal flight fare and other expenses incurred, without prejudice to the right of the entrepreneur to full indemnification from the client.
Are included in the business flight fare as mentioned in the agreement: all costs for keeping the airplane operational, such as the costs of industrial materials, maintenance and repair of the airplane, landing, parking and storage fees, ground facilities and dispatch of the airplane, salary, day-to-day money and overnight expenses of the crew unless otherwise agreed.
If, between the time of concluding the air transport agreement and the ending of the flight(s) the total cost for the continued operation of the airplane and / or flight training as referred to in paragraph 1 is increased, entrepreneur has the right to bill this increase to the client.
Are not included in the (class) fare: all other costs, including among other things, the cost of local ground transportation, departure and destination, the cost of visas, customs clearance, import and export duties, airport duties and other taxes or costs relating to carrier or transport of passengers, baggage or cargo, as well as the cost of import and / or export and / or overloading as well as the cost of special people called in thereto, or special equipment leased or purchased thereto, the cost of storage, the cost of dunnage to the extent that it should be made available by the entrepreneur as well as any special charges for hotel accommodation and meals not on board on the airplane, as well as the costs of transport to and from the airports which are to be made by the entrepreneur for the benefit of the passengers, goods and living have in case of emergency landings and other landings not provided in this agreement.
Standing about fees and extra flying hours
As stipulated in the agreement, client is obliged to pay overstaan fees and / or compensation for additional flying hours, if one cannot leave on the departure times indicated in the flight schedule and / or the number of hours flown as indicated in the flight schedule are exceeded due to:
- failure to occur, refusal, not timely granted or revoked permits from government or other agencies, visas or other permits and / or documents necessary for or with regard to carrying out of the flight (s) and / or transport; or
- embarking or disembarking, failing to be ready for the boarding of passengers and loading of baggage, cargo or living at the time stipulated in the agreement or scheduling; or
- acts or omissions of the client’s staff or the people that he uses for the benefit of the flight(s), as well as passengers or shippers of goods.
If, as a result of war or threat of war, orders or actions of governments – including civil and military aviation authorities – or for health or safety reasons, or due to any other cause, which is not at the account of the entrepreneur nor at the client’s, there needs to be deviated from the flight schedule, there needs to be overstaan, and / or the number of flight hours specified in or to be derived from the flight schedule are exceeded, and / or one (or more) landing(s) not foreseen in the flight schedule (s) must be made and / or insurance covering war risk is arranged by the entrepreneur or the other party for the benefit of the flight(s) that need to be carried out, the entrepreneur shall be entitled to charge the client for the actual expenses made for one (or more) landings that were unforeseen in the flight schedule on top of the agreed charter price, as well as the cost of the insurance arranged to cover war risk in addition to the overstaan fees and/or compensation for extra flight hours as defined in paragraph 1 of this article.
Liability of the client or the entrepreneur’s liability as contracted by him
All (trans)actions and activities carried out by entrepreneur shall be at the expense and risk of the client.
Entrepreneur is not liable for any total or partial failures of the other party to honour the agreement that entrepreneur contracted with the other party.
Entrepreneur is not liable for any damage unless the client proves that the damage is the direct result of intent or gross negligence of entrepreneur.
Entrepreneur is not liable for any damage as a result of bankruptcy and / or suspension of payment of the other party.
Entrepreneur can call in all means of defense available under the present conditions against the client, if the client turns to entrepreneur non-contractually, for damage suffered by client as a result of acts or omissions by subordinates / or agents of entrepreneur.
Even when entrepreneur deploys own (co) pilots and / or flight instructors, who are then under the operational responsibility and liability of the other party, client will waive any claim against or liability claim against the owners, staff, management or (temporary) co-workers affiliated in any way with Executive Flight for the potential damage(s) done to the health of people transported, to fly students or to property of the client.
Obligations of the client
The client is obliged to ensure that: – the travelers / passengers / students are ready on time at the place agreed upon to board the (class) airplane; – entrepreneur and / or the other party have the required documents and data in their possession in time; – the entrepreneur and / or the other party are provided with the requested information and / or instructions in time; – rules and instructions of the authorities, airport staff, airline personnel and crew are respected and followed up by both the client and the travelers / passengers; – the travelers / passengers do not take prohibited items or substances on board of the aircraft whether or not in their baggage, including – but not limited to – alcoholic products, drugs and weapons.
Liability of the client
The principal is liable for all damage that entrepreneur suffers for violation of the obligations referred to in article 14 and for damages caused due to the fault or negligence of the client, his subordinates and / or agents and / or travelers / pax.
The client will indemnify the entrepreneur against claims of third parties including the other party, the subordinates and / or agents of the client, as well as passengers / travelers related to the execution of the order of the client.
With regard to the assignment given to entrepreneur, the client is at all times required to reimburse entrepreneur for the amounts (to be) recovered by any public authority or further claim as well as any related fines imposed. The aforementioned amounts also need to be paid to entrepreneur by the client, if the other party turns to entrepreneur with regard to the assignment provided by the client.
If people get injured or die and / or if any damage of any kind whatsoever occurs in a flight training situation, the contractor shall not be held liable under no circumstances . However, if damage occurs to aircraft, equipment or other (incl. 3rd. parties) the insurance of (partners) of the other party will often reimburse (a part of) the damage. The insurance company and/or other party will always specify a specific deductible that must be reimbursed by the client immediately. This limited deductible can be cancelled if the insurance company and / or other party and / or the authorities deem the damage (s) to be due to not legally permitted operations, operations that are not done in accordance with the operations manual or other documents of the other party or the contractor. Also, damage (s) resulting from so-called “gross neglect” often are not recoverable. In these cases, 100% of the damage (s) may be borne by the client. N.B. All insurances exclude the life of the pilot and / or student pilot from the passengers’ coverage. The insurance policy may change per airplane and / or other party. For a precise overview of coverage and liability we expressly refer to the insurance of the other parties.
Any claim against entrepreneur expires by the mere course of the period of 9 months, unless the client is a natural person who, at the time of conclusion of the contract with entrepreneur, was not acting in the execution of his trade or profession, in which case an expiration period is 12 months applies.
The expiry date commences on the date on which the airplane is made available to the client or should have been made available according to the flight confirmation.
Applicable law / jurisdiction
Dutch law is applicable to this agreement.
All claims made by or against the entrepreneur ensuing from this agreement or the execution thereof shall be adjudicated exclusively by the competent court in ‘s-Hertogenbosch, unless the entrepreneur prefers or permits otherwise. However, if a claim against the entrepreneur were to be brought in a country where this choice of law is legally not considered binding, then the disputes that underlie such a claim shall be adjudicated by arbitration in accordance with the rules of the Dutch Arbitration Institute (NAI) in Rotterdam.
Additional terms and conditions relating to flight training
In addition to (but not excluding) the aforementioned general terms and conditions, the following additional provisions apply specifically to flight training.
The duration, location and sequence of the training will be scheduled by Executive Flight. Executive Flight reserves the right to reasonably deviate therefrom as its business concept consists of selecting those other parties that can offer the best price / quality ratio at any time for its customers.
The student will do everything possible to complete all aspects of training in the time available. The student is also required to take immediate contact with Executive Flight in case of problems and delays in the training trajectory.
As stated in the agreement the course fee includes all costs for keeping the aircraft, simulators, etc. of the other party (ies) operational, the cost of industrial materials, maintenance and repairs, landing, parking and storage fees, ground facilities and dispatch of the airplane at the home port(s), salaries, day-to-day money and of the crew unless otherwise agreed. Not included in the price of the training are so-called ‘third parties’ costs that EFA has not under its control:
- travel and accommodation expenses during training flights for student, instructor or examiner
- public costs inter alia licensing, medical, theory examinations etc.
- exceeding the legally required number of theoretical classes, briefings, flight hours, exams etc.
- learning materials (books, multimedia, etc.) and pilot supplies (maps, headset, protractor, logs, etc.)
- landing, parking and storage fees and the extra charges of industrial materials with respect to those at the home port of the aircraft in operations at other airports.
The student must comply with local laws, and is required to comply with the applicable laws of that place. In the case of abuse of alcohol, drugs or other psychotropic substances, the course will be put to an end immediately without prior warning, without refund of course fees. The student is required to comply with the safety instructions and standards given on behalf of flight school.
In case of gross negligence by the student, the student will be removed immediately from the program without refund of course fees.
Unless explicitly agreed, the student must pay the cost of flight training in advance by transfer to a bank account designated by the Executive Flight. The possibility exists to complete the course in parts. Payments already made are not refundable.
An obligation to pay can not be suspended, not even if the student believes to have any right of publicity. Unless authorized by the Executive Flight no settlement will take place.
If not paid on time within the specified period, student is, after at least being exhorted once by Executive Flight to fulfill his payment obligations within a reasonable period, legally in default without any further notice being required. In case of non-timely payment interest is calculated on the amount due. The interest owed is 1.25% per month, unless the legal interest is higher, in which case the legal interest iapplies. In addition, administration fees can be charged with a minimum of € 25, – per invoice.
In addition to the aforementioned interest and administration fees, all extrajudicial costs related to the collection of a claim against the student by the Executive Flight will also be recovered. These costs amount to at least 15% of the amount due with a minimum of € 100, -. In case the student fails to meet the payment obligations as specified in article 19.8, Executive Flight has the right to terminate the agreement and / or to hold the student liable for the damage resulting therefrom.
Executive Flight and pupil
Executive Flight and pupil are entitled to reschedule the training contract at any time till at least 10 days before commencement of the training flight or training. Within this period cancellation fees of 50% apply.
Cancellation of a training once begun, is always possible. But payments already (partially) done are nonetheless are final and non-refundable.
The pupil or tenant commits himself to abide by the house rules of the contractor and / or any other party used during the training. There is always a copy of the relevant house rules that will be made available for inspection in the language of origin if desired.
The pupil or tenant is not allowed to make any of the materials for exclusive personal use available to anyone nor to copy it. If this happens all claims of rightful claimants / owners of the copyrighted material will be billed directly to the student / tenant for which the digital watermark as applied in all Ebooks, CBT etc. will be the only evidence necessary. Especially if the material appears on a torrent site the personal liability is unrestricted.
The student or tenant is not allowed to make available and / or copy any teaching material for exclusively personal use to anyone. If this does happen, all possibly. claims from rightholders / owners of the copyrighted material will be charged directly to the student / tenant for which the only proof is the digital watermark that is applied in all Ebooks, CBTs, etc. Especially if the material appears on a torrent site, the personal liability is without limit.
Both during and after the termination of this agreement, the contractor will observe complete confidentiality with regard to all information that is known to him / her about the client and the activities of the client, as well as of the persons working at the client, if and insofar as these data have a confidential character or explicit confidentiality has been imposed on the contractor by the client.