3.03 ICING/DEFROSTING COSTS. A fee in addition to the charter price specified in this Agreement will be charged by the CARRIER to the CHARTERER in the amount of fifty (50) percent of all ground costs against icing/defrosting incurred by the Carrier in the performance of flights under this Agreement. 2.01 AIRCRAFT CHARTERING. The CARRIER agrees to provide the CHARTERER and the CHARTERER agrees to charter with the Carrier the full capacity of each flight specified in this Agreement, subject to the terms of this Agreement and applicable laws and regulations, including, but not limited to, the regulations of the United States Department of Transportation (DOT), the United States Federal Aviation Administration. (FAA), and all other known U.S. and non-U.S. government agencies. Each party undertakes to comply with all laws and regulations applicable to it. 2.12 UNUSED STORAGE SPACE.
In the event that a space at the disposal of the CHARTERER is not used at the time of departure, the CHARTERER accepts the use of this space by the CARRIER without refund or reduction of the price of the charter, but only for the transport of the personnel and goods of the CARRIER. 1.02 AGENCY ISSUES. (a) This Agreement is solely between BlackBird and CHARTERER and does not create or intend to create any agency relationship. Neither party has the power to act on behalf of the other party, to represent the other in any way, or to bind the other party to any agreement or obligation under this Agreement. (b) No Passenger shall be considered a party to this Agreement or have any rights under this Agreement. (c) Each Party warrants that its respective signatory to this Agreement has the authority to enforce this Agreement and thereby bind the respective party to this Agreement. 5.09 CLAIMS FOR DAMAGES. To the fullest extent permitted by law, no action shall be brought for loss, damage or delay in the delivery of baggage or for any other claim, including personal injury, arising out of or in connection with the carriage provided for in this Agreement, or for denied boarding of Passengers or Baggage, unless the Carrier is notified thereof within seven (7) days of receipt at its specified address at Section 8.02. Baggage in the event of a claim for Damage to Baggage and within twenty-one (21) days of receipt of the Baggage in the event of a claim for delay; or four (4) hours after the flight`s arrival time at destination in the event of a claim for lost baggage; or seven (7) days after the alleged event in the event of a claim for personal injury. In addition, to the fullest extent permitted by law, in the event of damage or loss of baggage or personal injury or death, an action for compensation for damages is excluded, unless such action is brought within two (2) years of the alleged event. 3.01 CHARTER PRICE – DEFINED. Except as otherwise provided in this Agreement, the charter price set forth herein includes all costs of operating the aircraft on the intended route, as well as ancillary costs such as fuel, on-board supplies and catering, passenger and aircraft ground handling, aircraft maintenance, navigation and overflight costs, airport fees, crew costs (including salaries, per diems, hotel and ground transfers).
Liability and comprehensive insurance coverage of the CARRIER as well as taxes and fees, with the exception of those levied and collected from individual passengers. The charter price may not include (i) U.S. transportation taxes, U.S. sector taxes, U.S. security fees, U.S. security fees, U.S. international exit taxes, U.S. arrival taxes, U.S. customs user fees, U.S. immigration user fees, U.S. Agricultural User Fees (APHIS), Passenger Installation Fees (PFCs) and fees, taxes or assessments of another jurisdiction, whether foreign or domestic; (ii) land transport, accommodation or services of persons before departure or after arrival; or (iii) the costs of anti-icing/de-icing to the extent referred to in Article 3.03. Deviations from the itinerary or service(s) agreed at the request of the CHARTERER may result in an increase in the charter price.
4.01. BAGGAGE ALLOWANCE. The baggage allowance applicable to each Passenger is indicated on the opposite side of this Contract and is calculated on the basis of the total weight available for the Baggage divided by the number of passenger seats on board the aircraft. Each passenger may also receive one (1) piece of hand luggage as well as one (1) personal item such as a purse, briefcase or laptop. Hand luggage can measure up to 45 inches in combined overall dimensions (length plus width plus height) as long as it fits under the passenger seat. Additional Baggage may be accepted subject to space, weight and other operational requirements and payment of the CARRIER`s excess baggage fee by the Passenger, if any. The CARRIER shall not be liable for any refusal to accept Checked Baggage or Carry-on Baggage or other items that cannot be accommodated in the total space and weight capacity available on the flight in question. 2.05 AIRCRAFT SAFETY. The pilot in charge of the aircraft has the right to take all necessary measures to ensure safety. The responsible pilot, in consultation with the carrier and as prescribed in the carrier`s manuals and procedures approved by the competent governmental authority, shall have full discretion and final authority over the operation of the aircraft, including, but not limited to, all matters relating to passengers, loading, cargo and distribution, whether and how a flight is to be operated; whether it is necessary to depart from the established itinerary, where landings are to take place, whether a person whose condition could present a danger or risk to himself, other passengers or property should be refused passage or removed, and whether other matters relating to the operation of the aircraft should be refused.
This decision of the responsible pilot is binding on the CHARTERER and all passengers. 5.07 LIABILITY FOR BAGGAGE. In accordance with the Montreal Convention, the CARRIER`s liability for loss, damage or delay of baggage is limited to 1,131 Special Drawing Rights per passenger, except in the case of loss, damage or delay of the assistive devices of passengers with disabilities to whom the border does not apply. The CARRIER must be informed of any baggage claim immediately after the discovery of the claim (see also Article 5.09 below). The CARRIER is only responsible for baggage that a representative of the CARRIER has actually received from the individual passenger during check-in at the airport. Luggage is carried within the space and weight limits of the aircraft. With the exception of aid for disabled passengers, all baggage that cannot be carried on board the chartered aircraft will be transferred to the means requested by the CHARTERER and at the expense of the CHARTERER. For more information about the current value of a special drawing right, see www.imf.org.
2.02 CHARTER ELIGIBILITY REQUIREMENTS. Each party is responsible for compliance with all applicable laws and regulations. CHARTERER warrants that, in accordance with applicable laws and regulations, it is entitled to enter into this Agreement and to act as charterer of the Aircraft. Each passenger is responsible for obtaining all necessary travel documents (passport, visa, tourist card, vaccination certificate and all other required documents) and compliance with the laws of each country from which, through or to which he is transported. 2.07 REPLACEMENT AIRCRAFT. Subject to prior consultation and approval by the CHARTERER, the CARRIER may replace the aircraft specified in this Agreement with another aircraft and has the right to outsource the performance of its obligations under this Agreement to another duly certified air carrier. Such replacement or subcontracting (“sub-service”) shall be limited to the flight(s) agreed with the charterer and the Carrier shall bear all costs of the sub-service, unless otherwise agreed. 5.10 FORCE MAJEURE. Except as otherwise provided in this Agreement and subject to compliance with applicable laws, regulations and contracts, the provision of conveyances under this Agreement is subject to the following conditions: force majeure; quarantine restrictions; fire; fog; flooding; weather; airport closures; damage or destruction of flight equipment not caused by the CARRIER or its employees or agents; unavailability of fuel; riots or riots; war or the dangers or dangers resulting from a state of war; or any other act, matter or object beyond the control of the CARRIER that prevents, delays or interrupts the supply, operation or performance of such transport (individually and collectively referred to as “force majeure”).
.