STANDARD TERMS AND CONDITIONS

EXECUTIVE HELICOPTERS

Rockhill, Woodford, Loughrea, Co. Galway
Email: [email protected]
Telephone: +353 90 974 9764

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  • H155 8 Pax.
  • Twin Engine
  • AS365 – 8 Pax
  • Twin Engine
  • H120 – 4 Pax
  • Single Engine
  • H125– 5 Pax
  • Single Engine

 

STANDARD TERMS AND CONDITIONS

  1. INTRODUCTION

These terms and conditions constitute the entire agreement between Executive Helicopters (“the Company”) and the charterer (“the Client”) for the provision of helicopter charter services. No addition to or variation of these conditions shall be binding on the Company unless expressly accepted in writing by an authorized representative of the Company. These terms supersede all other terms, conditions, warranties, and representations, whether written or oral.

  1. PRICE AND PAYMENT

2.1. Unless otherwise specified in writing by the Company, all payments of the charter price shall be made in Euros.

2.2. Payment Schedule:

2.2.0. 25% Booking Deposit payment is due at the time of booking to secure the reservation. 2.2.1. Balance of Payment is due 30 Days prior to flight.

2.3. Any additional charges incurred during the charter (including but not limited to extended flight time, additional landings, or waiting time) will be invoiced separately and shall be payable immediately upon receipt.

2.4. The Company reserves the right to charge interest on late payments at a rate of 2% per month from the due date until payment is received in full.

3  CANCELLATION POLICY

3.1 Customer Cancellation

Notice Period Single Aircraft/Single day Jobs Multi-Aircraft/Days
Less than 60 days 10% of total price 25% of total price
Less than 30 days 25% of total price 50% of total price
Less than 15 days 50% of total price 75% of total price
Less than 7 days 75% of total price 85% of total price
Less than 48 hours 85% of total price 100% of total price
Less than 24 hours 100% of total price 100% of total price

 

3.2 FLIGHT DELAYS AND CANCELLATIONS

3.2.1 Company-Initiated Cancellations:

  1. a) The Company reserves the right to cancel any flight if, in the reasonable opinion of the Company or the aircraft commander, the flight cannot be performed safely or legally due to weather conditions, technical issues, or any other circumstances beyond the Company’s control.
  2. b) In the event of a Company-initiated cancellation due to weather, safety concerns, or other circumstances beyond the Company’s control:
  3. The Company will make reasonable efforts to notify the Client as soon as possible.
  4. The Company will offer the Client the option to either: – Reschedule the flight to an alternative date and time suitable to both parties, subject to aircraft availability; or – Receive a full refund of all payments made for the cancelled flight.

iii. The Company shall not be liable for any additional costs, expenses, or losses incurred by the Client as a result of such cancellation

3.2.2. Flight Delays:

  1. a) The Company will make reasonable efforts to operate according to the agreed schedule but does not guarantee departure or arrival times.
  2. b) In the event of a delay:
  3. The Company will notify the Client as soon as reasonably practicable.
  4. For delays exceeding two (2) hours, the Company will keep the Client informed of the expected revised departure time.

iii. For delays exceeding four (4) hours, the  Client may consider the flight cancelled reschedule or receive a full refund

  1. c) If a delay results in the Client being unable to fulfil the specific purpose of their journey that was communicated to the Company in writing at the time of booking (such as attendance at a pre-booked golf tee time, event, meeting, or connection to ongoing transportation), the Client may cancel the flight and receive a credit for future services, less any costs already incurred by the Company or a refund. For clarity:
  2. The specific time-sensitive purpose must have been explicitly communicated to the Company in writing at the time of booking.
  3. The delay must directly prevent the fulfilment of that specific purpose
  4. COMPANY’S OBLIGATIONS AND DISCRETION

4.1. The Company shall provide the aircraft properly manned, fuelled, maintained, and equipped for the performance of the charter flight.

4.2. All helicopter charters are licensed and approved by the Irish Aviation Authority and the Department of Transport and are subject to the rules and regulations imposed by both authorities. Specific regulations regarding landing areas, aircraft loading, low flying, and pilot duty hours apply to all flights undertaken.

4.3. The commander of the aircraft shall have absolute discretion:

  1. a) To refuse to carry any passenger, baggage, or cargo
  2. b) To decide what load may be carried and its distribution
  3. c) To decide whether, when, and how a flight may safely and legally be undertaken
  4. d) To decide where and when the aircraft should be landed
  5. e) Generally, as to all matters relating to the operation of the aircraft

4.4. The decision of the commander shall be final and binding on all passengers.

  1. INSURANCE AND LIABILITY

5.1. The Company shall maintain in full force and effect insurance coverage in compliance with all relevant statutory provisions.

5.2. The Company does not seek to limit or exclude liability to the Client or the Client’s family in the event of injury or death resulting from an accident on a flight operated by Executive Helicopters, except where such injury or death is caused or contributed to by the negligence of the Client or any passenger.

5.4. The Company shall not be liable for any indirect or consequential loss, including but not limited to loss of profit, business opportunity, or anticipated savings.

  1. CLIENT’S OBLIGATIONS AND INDEMNITY

6.1. The Client shall:

  1. a) Ensure that all passengers comply with these terms and conditions
  2. b) Ensure that all passengers possess valid identification and travel documents
  3. c) Provide accurate passenger details, including names and weights, prior to flight
  4. BOOKINGS AND CONFIRMATION

7.1. All bookings for flights must be confirmed to Executive Helicopters in writing (post, email).

7.2. The Company shall not be liable for failure to provide an aircraft for any flight which has not been confirmed in writing.

7.3. Quotation Prices are valid for a period of 2 days from the date of issue unless otherwise stated. Quotes do not guarantee availability when making a booking

 

  1. CHARTER PRICING OPTIONS

8.1. Charter by Flying Time (Hourly Rate):

  1. a) If an hourly rate is quoted, it will be calculated by the elapsed time in the air, charged pro-rata to the nearest tenth of an hour between each take-off and landing, or by the elapsed time the aircraft rotor blades have been turning.
  2. b) All disbursements (including but not limited to airport/heliport landing charges, accommodation, and field fuel facilities) will be charged separately.
  3. c) A minimum flying hour charge may be quoted where extensive availability of the helicopter is required with little actual flying time.

8.2. Charter by Fixed Price:

  1. a) The quotation provides an all-inclusive price for a specific service of helicopter availability, flying time, and ancillary costs.
  2. b) Any additional availability, flight, or costs incurred due to the Client changing the requirements from those quoted will be subject to additional charges.
  3. c) Reduced requirements will not necessarily be subject to reduced charges, which will in any case be solely at the discretion of Executive Helicopters.
  4. PASSENGER INFORMATION

9.1. Reduction in Passenger Numbers:

  1. a) Reduction in passenger numbers will only result in a price adjustment where numbers are sufficient to reduce the number of aircraft required.
  2. b) Standard cancellation terms per aircraft will apply.

9.2. Passenger Weights:

  1. a) Standard average passenger weight is calculated at 90kg/200lbs per person.
  2. b) Accurate passenger names and weights must be provided prior to final confirmation.
  3. c) The Company reserves the right to weigh passengers and their baggage and to adjust seating arrangements or refuse carriage if the actual weights exceed those declared.
  4. BAGGAGE ALLOWANCE AND RESTRICTIONS

10.1. Baggage Allowance:

  1. a) Baggage is limited by weight to 15kg per passenger.
  2. b) To maximize available space, non-rigid bags are recommended, any luggage larger than standard airline carry on size (22 inches tall, 9 inches deep, and 14 inches wide) must be communicated to the company in advance and agreed in writing.
  3. c) Subject to space availability, extra bags may be carried, which may result in additional flight charges.
  4. d) The Company reserves the right to refuse excess baggage where these limits are exceeded.

10.2. Golf Clubs:

  1. a) The requirement to carry golf clubs must be confirmed at booking to ensure a suitably modified helicopter is supplied.
  2. b) Due to limited space, only one standard, non-professional set (removed from transit case) can be carried per passenger.
  3. c) With advance notice, the Company can arrange ground transfer of excess equipment.

10.3. Restricted Articles:

  1. a) Passengers shall not carry dangerous goods in their baggage or on their person, including but not limited to: – Explosives (fireworks, flares, toy guns, and caps) – Flammable and non-flammable gases (aerosols over 2kg or 2 liters, gas cylinders) – Deeply refrigerated gases (liquid nitrogen) – Flammable liquids (paints, thinners, solvents) – Flammable solids (firelighters) – Oxidizing materials (bleaches) – Organic peroxides (resin kits) – Poisons (arsenic, cyanide, weed killer, tear gas) – Infectious substances (viruses and bacteria)
  2. b) If in doubt about any articles, the Client should contact the operations department for advice prior to the flight.
  3. FORCE MAJEURE

11.1. The Company shall not be deemed to be in breach of this agreement or otherwise liable to the Client as a result of any delay or failure in the performance of its obligations if and to the extent that such delay or failure is caused by circumstances beyond the Company’s reasonable control, including but not limited to:

  1. a) Acts of God, flood, drought, earthquake, or other natural disaster
  2. b) Epidemic or pandemic
  3. c) Terrorist attack, civil war, civil commotion, or riots
  4. d) Government actions or restrictions
  5. e) Fire, explosion, or accident
  6. f) Adverse weather conditions
  7. g) Non-performance by suppliers or subcontractors
  8. h) Technical problems with the aircraft

11.2. In such circumstances, the Company shall be entitled to a reasonable extension of time for performing its obligations.

 

  1. DATA PROTECTION AND CONFIDENTIALITY

12.1. Each party will comply with the provisions and obligations imposed by the Irish Data Protection Act 1988 (as amended) and General Data Protection Regulation (GDPR).

12.2. Any personal data collected, stored, or used by either party shall only be collected, stored, and used in accordance with Executive Helicopters’ privacy policy, as in place from time to time.

12.3. The Client agrees to indemnify the Company in respect of any loss, damage, costs, and expenses suffered or incurred as a result of a breach by the Company of its obligations as a data processor, or any other obligations it may have under this clause.

12.4. The terms of this Agreement, including pricing, are to be treated by the Client as confidential. The Client agrees not to disclose any such confidential information to any third party without the prior written consent of the Company.

  1. APPLICABLE LAW AND JURISDICTION

13.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

13.2. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. VAT AND TAXES

14.1. All prices quoted are exclusive of Value Added Tax (VAT), which will be charged at the prevailing rate if applicable.  Note: Passenger Transport in Ireland is VAT exempt at time of writing,  (However this may be subject to change).

  1. SEVERABILITY

If any provision of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions, which shall remain in full force and effect.

  1. ENTIRE AGREEMENT

These terms and conditions, together with any booking confirmation issued by the Company, constitute the entire agreement between the parties and supersede all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.