- Terms of services
- Guest Refund Policy
- Copyright Policy
- Acceptable Usage policy
- Terms of Business
“Charter Flights Aviation”. concern brings together air services providers such as fixed wing aircrafts, seaplanes, choppers and direct end users or their agents/representatives for the purpose of transporting people / transport, ill, injured people from and to any destination globally and for providing other medical and travel assistance and related services. It is made clear that the Charter Flights Aviation is only an aggregator of these services and in no manner takes responsibility of the end service providers. For any dispute or claim against the end service provider, Charter Flights Aviation is not liable.
Charter Flights Aviation is in no manner liable for any loss caused to the client/passenger whether directly or indirectly due to any force majeure circumstances. Force Majeure circumstances means and includes bad weather preventing take-off or landing of the aircraft, denial of permission by the airport authorities due to any reason, mechanical breakdown of aircraft, availability of aircraft /chopper on time any act of god etc. but is not limited to such descriptions. The Charter Flights Aviation deals and engages in the medical emergency services and is not liable for the death of the patient either before boarding, on board or after de-boarding the aircraft. It is undertaken and understood by the patient or his relatives, whosoever avails the services that they understand the risk involved in the transfer of the patient by way of air ambulance. The customer undertakes to not raise any claim whatsoever against the “Charter Flights Aviation”. Although the “Charter Flights Aviation” makes best efforts to provide the best possible services to the customer/patient, it is conditional upon several other factors. The user of services further understands the risk involved in transfer of guest/ traveller / patient by way of air services and availing of the present services amounts to implied consent to such risk.
It is further made clear that the Charter Flights Aviation is bound by all the regulations for the air transport as are made applicable by authorities. Charter Flights Aviation although an emergency service is no exception to the regulations and controls.
1) Charter Flights- Aircraft/chopper/seaplane/schedules airlines/cargo planes that serves the purpose of transport, airlifting and carrying the traveler, cargo, passenger, patients from one destination to other and is equipped with basic necessary facilities including pilots, medical team, and equipments. Such an air transfer by air transport is called charter flights. Air Services is a comprehensive term covering the use of air transportation, airplane or helicopters, to move passenger, patients to and from one place to other or facilities and accident scenes./p>
2) Flying time: - “Flying Time” in case of helicopters is the time from the start to switch off of the helicopters. In case of fixed wing aircraft, the flying time is the time from turning on of the chocks to the time when they are turned off/
3) Patient: - “Patient” means and includes any person who requires air transportation by way of “Charter Flights Aviation”
4) Relative: - “relative” means relative of the patient who is being transported by way of Air Transport/ Charter Flights. The term relative also includes the person who is making the booking with the ‘Charter Flights Aviation. Or on other word ist called passenger / traveller on the fleets
5) Aircraft: - “Aircraft” means and includes any aircraft which is being used for the transportation of the passenger/ cargo/ from one location to other. The same may and includes seaplane and helicopters/chopper
6) Crew- “Aircraft crew” means and includes flight crew and cabin crew. The composition of a flight's crew depends on the type of aircraft, plus the flight's duration and purpose. They are responsible for the operation of the aircraft while in flight.
7) Medical Team- ‘Medical Team” means and includes any of these doctors, nurses, physicians, assistance people, Emt technician on board the aircraft responsible for the care of the patient while in transit
8) Mission- “Mission” means and includes the mission/task of the Charter Flights Aviation to transport the from one destination to other as requested by the customer. It further means providing and aggregating the services of the air transport, air ambulance, medical team and other allied services for the purpose of safe transport of the passenger
9) Pilot- Captain, the pilot designated as the Pilot-In-Command (PIC), and the highest-ranking member or members of a flight crew.
10) First Officer (FO, also called a co-pilot), other pilot who is not the pilot-in-command, and is normally seated to the right of the captain. (On helicopterss, an FO is normally seated to the left of the captain, who occupies the seat).
11) Charterer- means the customer who is availing the services of the Charter Flights Aviation for the purpose of transport of the air transport/ patient transportation / medical allied services, human remain services, organ transportation
12) ferry flights: - It is a service provided by the Charter Flights Aviation where the customer is provided transport by way of any scheduled, non-scheduled, sea plain aircraft or cargo airlines. Medical escorts or aero passenger category will take time for clearance and once the clearance has been granted the same cannot be cancelled. It is submitted that the customer agrees to the flight schedule which might be multi stop having stops at various destinations. ferry flights: are a low cost medical transport at long distances.
GENERAL EXCEPTIONS AND CLAUSES
TIt is made clear that the “Charter Flights Aviation” deals and operates in emergency situations and at all times makes concerns of the air transport / patients’ its priority but at times the situations are exceptional and during such situations the “Charter Flights Aviation” cannot be held responsible for any consequences. The examples mentioned below are only descriptive of many situations which may arise. At no times the Charter Flights Aviation can be held responsible for any force majeure circumstances which are beyond the control of the service provider:-
1) “Charter Flights Aviation '' wil not be held responsible for any delay or cancellation due to the following operational terms and conditions as mentioned below. All customers must plan in advance, to avoid any sort of delay in air transport. All flight activations require a minimum several working hours for permission from various agencies. “Charter Flights Aviation '' wil not fly any aircraft until & unless proper clearance is received from all ground agencies before departure. The minimum working hours are according to the type and make of the aircraft.1) “Charter Flights Aviation '' wil not be held responsible for any delay or cancellation due to the following operational terms and conditions as mentioned below. All customers must plan in advance, to avoid any sort of delay in air transport. All flight activations require a minimum several working hours for permission from various agencies. “Charter Flights Aviation '' wil not fly any aircraft until & unless proper clearance is received from all ground agencies before departure. The minimum working hours are according to the type and make of the aircraft.
2) For all Airport Authorities, prior notice is required for operating the aircraft but due to medical emergencies permissions are given at short notice. It is at the discretion of Airport Authorities and the company will not be held responsible for any delay or cancellations.
3) At all airport’s flights will be conducted during normal airport watch hours. Any watch Hour Extension will attract extra charges on Hourly basis to be borne by the customer over and above the charges/fees of the “Charter Flights Aviation” including but not limited to transportation, stand by charges, accommodation, medical expenses etc.
4) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation for unavailability of parking at the airport due to any reason.
5) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation for airspace or airport closer due to any military or air force flying or due to any VVIP or VIP movement.
6) “Charter Flights Aviation '' wil not be held responsible if there is any delay or cancellations due to bad weather or any other condition which is not safe for aircraft operations or not permitted by any civil aviation authorities like DGCA, AAI or any other competent authorities. In case, at the time of the landing of the aircraft or Takeoff, even if the permissions are granted by any civil aviation authorities like DGCA, AAI or any other authorities, and the scenarios is such that the pilot of the aircraft deems it not fit for operating the aircraft due to any reason including but not limited to technical error, bad weather or government regulations time to time for any reason whatsoever, the “Charter Flights Aviation” cannot be held to be responsible.
7) “Charter Flights Aviation '' wil not be held responsible for any diversion or delay due to bad weather, airport closer or runway closer or any other condition which is against air safety and against safe operations of the aircraft. In case, on account of diversion any extra charges/expenses are borne or incurred, the same shall be the responsibility of the customer.
8) “Charter Flights Aviation '' wil not be held responsible if the aircraft is diverted to any unplanned airport due to any reason including technical, non-technical or as mentioned in point 7 above. In such cases all accommodation (as per the crew )/transport/ Hospitalization charges of the patient/ member need to be paid by the customer. The money in such scenarios shall not be refunded. The “Charter Flights Aviation” is entitled to charge complete amount/fees even in such cases of diversion. Diversion may occur due to any reason including but not limited technical or otherwise.
9) “Charter Flights Aviation '' wil provide full assistance in transferring air transport such traveller , guest patient/ member as mentioned in point 8 above to the local hospital of an unplanned airport.
10) “Charter Flights Aviation ” will not be held responsible for any delay or cancellation if aircraft is grounded due to any technical reason at any point of time or any phase of flight like departure, en route, arrival or before landing. 11) All state Govt. airstrips are under the control of the DM of that area and permission takes several hours. “Charter Flights Aviation '' wil not be held responsible for any delay due to this reason.
12) All flight operations are restricted to day operations only, as night facility is not available and approved by the State Govt. airports & many AAI Airports. In case, on the special need of the patient, the watch hours of any airport are extended, any extra operational charges/expenses shall be the sole responsibility of the customer and over and above the fees of the “Charter Flights Aviation”.
13) At all State Govt. airports fire-fighting, ambulance and runway clearance is done by local authorities. “Charter Flights Aviation '' wil not be held responsible if any delay / cancellation happens due to unavailability of these services.
14) “Charter Flights Aviation '' wil not be held responsible if the runway surface is not suitable for operating a flight due to any reason.
15) For flight operations company requires a minimum Paved slandered Runway Length which depends on aircraft to aircraft and will be decided on the day of operation. “Charter Flights Aviation '' wil not be held responsible if the flight is cancelled due to length of the runway being shorter then specified requirements of aircraft and its full discussions of the captain saying the possibilityof the aircraft above.
16) All flights at Air Force, Navy, Coast Guard, special or military airports require clearance from their authorities like Head Quarters, and require a minimum of 12 Hrs. subject to operational status. “Charter Flights Aviation” must not be held responsible if any delay happens and the condition of the customers / guest / traveller patient deteriorates due to this reason like these.
17) All flight operations at Air Force, Navy, Coast Guard or military are restricted to day operations only. “Charter Flights Aviation '' wil not be held responsible for any delay due to this reason.
18) In case of foreign nationals, a special clearance is required to operate at Air Force, Navy, Coast Guard or military air ports and a copy of the passport is required to get the clearance and it may take several hours to get the clearance.
19) To operate at Air Force, Navy, Coast Guard or military airports on holidays may take more time than usual. “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation due to unavailability of clearance.
20) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation due to any natural calamity or if the aircraft is stuck in that particular area during that period
21) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation of any flight if, aircraft is engaged for National cause, interest, natural or unnatural emergencies, or on unscheduled Govt. deployment to evacuate anyone for the safety of their lives.
22) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation of any flight due to airspace closure for general aviation aircraft in the particular area from where evacuation is required to be done.
23) “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation of any flight due to airspace closure enroute (between departure and destination airports) which is impossible to cross for the aircraft due to aircraft performance or international boundaries, delayed Takeoff, time of airports.
24) Most of the flights will be conducted on Non-Scheduled aircraft which are approved by competent authorities for carrying out medical evacuations. Except few cases which may be shifted in Scheduled airlines, seaplanes, helicopterss as well as cargo air planes.
25) guest/ traveller/ patients with communicable diseases will be shifted with extreme precautions and on the willingness of the operating crew. In case the crew is not willing to operate the particular flight. “Charter Flights Aviation '' wil not be held responsible for any delay / cancellation of any flight due to this factor. And any government regulation will be oppes to air transfer Charter Flights Aviation will not labile for anything
- 1) The price quoted on the website is only indicative of the final price/bill for the provision of services. The final price/bill shall be raised after the completion of the transport.
- 2) The quoted price does not include any contingent prices, expenses or incurrence which may arise due to any force majeure circumstances including diversion of the aircraft due to any reason, making available ground ambulance in case of emergency, obtaining medical clearances of the patients, providing evacuation by sea plane, chopper. These incidental expenses are not included in the quoted price on the website or any media. They are arrived and charged over and above the quoted price. The medical treatment availed by the patient on the aircraft or chopper or sea plane is billed separately and as per actual.
- 3) The concern, Charter Flights Aviation follows “no refund on cancellation policy”. If post the booking of the aircraft the same is cancelled by the customer, the Charter Flights Aviation is entitled to receive the complete payment from the customer. In case the customer has made the 100% per cent payment of the booking prior to cancellation, the concern is entitled to forfeit the entire payment. It is understood that once the booking has been confirmed by the customer, Charter Flights Aviation makes arrangements for the transfer of passanger/ patient/ crago/ any travel needs. In such arrangements it becomes liable to make further payments to the service providers. Moreover, in case of cancellation of the booking, the Charter Flights Aviation itself suffers loss of operations. Hence, Charter Flights Aviation follows a strict policy of no refund and in case the booking has been made on promise to make future payments, the Charter Flights Aviation is entitled to recover the same by way of legal proceedings.
- 4) It is understood by the user that in case of booking confirmation whether or not the patient/ traveller/ passenger boards the aircraft, the Charter Flights Aviation is entitled to recover the complete dues. The situation applies even in the scenarios where the client cancels/ rescheduling/ change of mind/ engaging other/ no response / making advance payment and not making further payments/ time limit of the payment time over / cargo clearance not obtained / engaging staff/ patient dies even before boarding the aircraft. In such scenarios also, the Charter Flights Aviation is entitled to recover the complete dues.
- 5) It is also understood that the Charter Flights Aviation only provides services relating transportations the basic medical facilities on board. It is understood that not all the facilities or treatments can be provided on board the aircraft and hence, in case of any health deterioration or death of the patient, the Charter Flights Aviation cannot be made liable.
- 6) It is also made clear that it is the sole responsibility of the customer to provide the medical clearance of the patient. In no circumstances “Charter Flights Aviation” can be made liable in case the patient is refused the boarding of the aircraft or de-boarding due to lack of medical clearances. In case the flight is denied operations due to lack of medical clearances by the competent authorities, the Charter Flights Aviation shall be entitled to recover the complete dues. The customer confirms and agrees that in such scenarios Charter Flights Aviation will not be held responsible.
- 7) The Flight Medical Team, crew or the pilot has the right to refuse the patient from boarding the aircraft if the patient is in the need of Intensive Care Unit (ICU). The Charter Flights Aviation in such cases/scenarios cannot be held responsible for the refusal of services. In such scenarios Charter Flights Aviation shall be entitled to recover/forfeit the 100% of the total consideration. The flight medical team further retains the right to refuse entry to the patient if the condition of the patient is substantially different from what is described in the medical report and poses life threat to the patient if transported.
- 8) It is made clear that Charter Flights Aviation is in no manner liable for the refusal of services by third parties including but not limited to Pilot, Air Traffic Controller/Airport Authorities, medical team, ground medical/ambulance services, etc.
- 9) An unscheduled overnight stay of the flight crew and the medical team shall be charged and billed separately to the customer. If an unscheduled mission has to be performed during the night time, the same shall be billed separately to the customer with additional charges over and above the ones quoted in the quotation.
- 10) The Charter Flights Aviation team on board the aircraft reserves the right to record the mission including but not limited to the emergency medical treatment being delivered to the patient during the transport. The same is being done solely for the record purposes. By booking the services of the Charter Flights Aviation, the customer has given its implied consent to the recording of the entire mission from boarding of the patient until the completion of the mission.
- 11) The customer further agrees to sign the declarations and consent forms in future which might be required by the Charter Flights Aviation for the purpose of transporting the traveller/ patient. The customer further understands that transportation of the traveller/ patient by flight poses certain risk and therefore takes all the responsibility for life of the traveller/ patient in case of such transport. The customer agrees to execute indemnity bond, declaration, consent forms as might be required by the staff. In case the customer refuses to sign any of such forms, the Charter Flights Aviation reserves the right to refuse the transport to the passenger/ patient and forfeit the entire paid amount. In case any dues were pending against the customer, the Charter Flights Aviation further reserves the right to initiate proceedings for the recovery of such amount.
- 12) If the planned flight schedule has to be changed for reasons which are beyond the control of Charter Flights Aviation (e.g. unforeseeable weather conditions, airport closure, etc…) the additional costs thereby incurred will be charged to the client. .
- 13) If during the transport the patient’s condition degrades and results in an unscheduled intermediate stop for necessary hospitalization/ or accommodation of the travellers / crew all additional costs incurred will be charged to the client. Furthermore, Charter Flights Aviation will not be responsible for the costs thereby incurred at the hospital
- 14) If delays, other than caused by Charter Flights Aviation, results in extra costs (e.g. night stop, additional airport fees by night...), these will be charged to the customer.
- 15) The liability of Charter Flights Aviation is limited to gross negligence and intention. The Charter Flights Aviation is in no manner liable for any force majeure circumstances which may lead to any loss or harm to the customer (such as strike, war, lockout etc.)
- 16) In the event that Charter Flights Aviation is chartered by Agents/Brokers on behalf of third parties, the Agents/Brokers are liable for all obligations concerning the clients’ side in this agreement. The liability in case of such cancellations shall be solely borne by such Travel Agents.
- 17) Luggage: Only one piece of soft hand-luggage not exceeding 10 kg may accompany the passenger /patient. otherwise the luggage will remain at airport. Charter Flights Aviation will not be responsible for remaining luggage. According to applicable regulation, the flight crew is entitled to check the content of the cabin and the hold baggage for prohibited articles. The list of items as well as the applicable rules on liquid is published on the DGCA. international civil aviation organization Website or civil aviation authorities.
- 18) Additional passenger: an accompanying passenger will only be accepted with the approval of the flight controller/ physician and the flight crew and applicable charges shall be informed to the customer.
- 19) Service Provider’s Discretion: - If the aircraft for any reason (whether before or after the commencement of the Flight Schedule) become incapable of undertaking or continuing all or part of the Flight Schedule the service provider/ Charter Flights Aviation may at its discretion substitute thereof one or more aircraft of the same or other type and the provisions of the Agreement shall apply mutatis mutandis to the substituted aircraft. In case of the aircraft substituted is of the higher rank/make/model incurring extra expenditure the customer undertakes to pay the difference. Provided Always that if the Carrier/ Charter Flights Aviation elects not to substitute other aircraft the Carrier shall not be under liability or loss sustained by the Charterer/customer for any delay cost or other liability or loss sustained by the Charterer as a consequence of the inability of the Aircraft to perform or complete the Flight Schedule. The Charterer shall remain liable to pay for that part of the Flight Schedule (if any) that has been performed at the time the Aircraft becomes incapacitated.
- 20) Captain’s Discretion: - The Captain of the Aircraft shall have absolute discretion: To refuse any passenger(s) baggage cargo or any part thereof passenger; and To decide what load may be carried on the aircraft and how it shall be distributed; and To decide whether and when a flight may be safely undertaken and where the Aircraft should be landed.
- 21) Unused Capacity: - The Charter Flights Aviation shall be entitled at its own discretion and without compensation to use any part of the carrying capacity of the Aircraft unused by the Charterer and to use any part of the Flight Schedule unused by the Charterer.
- 22) Charter Flights Aviation : - Protection against Increased Cost In the event of there being an increase in the cost of the Charter Flights Aviation performing any of its obligations under the Agreement between the date of the Agreement and the completion of the Flight Schedule which is beyond the control of the Charter Flights Aviation, the service provider may give notice thereof to the Charterer/Customer and the price payable by the Charterer/customer shall thereby be increased by the amount directly attributable to such increase and shall be payable immediately after receipt of such notice by the customer/charterer unless the Charterer/customer decides to terminate the agreement,
- 24) Non-performance or Delays If the departure of the aircraft is delayed by more than 10 minutes due to non-arrival of either the customer or the accompanying passenger, then the Charter Flights Aviation shall be at its discretion to cancel the mission or Takeoff the flight leaving behind the customer and recover the entire charges. In the event the Charter Flights Aviation decides to wait for the customer more than 10 minutes, the delaying charges/waiting charges/watching charges shall be paid and borne by the customer at their own cost.
- 25) Unscheduled stops- In case of any unscheduled stops occurring because of any reason beyond the control of the Charter Flights Aviation, the customer undertakes to bear incidental charges or over the head charges which might occur including but not limited to watch hours, waiting hours, night watch hours, aircraft standing charges etc.
- 26) Departure from Flight Schedule The Charter Flights Aviation shall use all reasonable endeavours to complete the Flight Schedule but shall be entitled without liability to depart from the Flight Schedule if it deems this necessary in its absolute discretion and any additional expenses (including the fees and charges referred to above) shall be borne by the customer. Charter Flights Aviation on is entitled to change the route, flight schedule, seating capacity and the maximum take-off weight if this is required under certain circumstances not caused by Charter Flights Aviation intentionally at the cost and expense of the customer.
- 27) Diversions If for any reason the aircraft is diverted from its intended destination (as shown in the Flight Schedule) to other airfield, the journey shall be deemed to be complete when the aircraft arrives at the diversion airfield.
- 29) Payments- All payments are to be made in Indian Rupees (INR) or specified in quotes only bank by way of demand draft, online bank transfer or by way of cash payment. Usually the Charter Flights Aviation receives the entire quoted amount before booking is confirmed but in exceptional circumstances, since the services are in the nature of emergency services, the booking may be confirmed on the basis of promise to pay on completion of the mission or otherwise. In such scenarios the customer undertakes to make the payment of the complete consideration. Note: - The quoted amount is not the final amount. Final bill is raised only after the completion of the mission.
- 31) passenger baggage weight is limited for flight safety reasons and varies according to between Aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the Aircraft. · In case of helicopterss, with full load a limited baggage not exceeding 5 kg's per passenger will be permitted. · In case of fixed wing, with full load a limited baggage not exceeding 10 kg's per passenger will be permitted. Dangerous goods, including but not limited to Firearms, explosives, inflammable items etc are not allowed by Law on air Charter Flights Aviation Charter flights all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the court of law in accordance with the provisions of its Commercial Arbitration Rules.
- 32) Revision of Rates: · The Charter Flights Aviation reserves the right to revise the rates without prior notice. In case there is an increase in operational costs due to increase in landing, navigational and parking rates, government taxes, fuel etc the same is payable by the customer as per actual and shall be billed separately.
- 33) The Charter Flights Aviation reserves the right to take appropriate action against any passenger or his entourage who wilfully or negligently damage the Aircraft in any manner whatsoever.
- 34) Departure Brief: - Customers will need to report at least 30 to 15 minutes prior to departure at the designated reporting venue, uninformed delay of 0.15 hrs will be considered as ‘No Show’. Any additional expenses happen by waiting for the customer has to be paid to Charter Flights Aviation
- 35) passenger Documents: - All passenger have to comply with any requirements (e.g. immigration, customs, agriculture, etc.) at each destination. passenger have to be in possession of a valid passport and all clearances such as visa etc.. Charter Flights Aviation takes absolutely no responsibility in case of non-compliance with any custom’s requirements by the passenger(s) On aero medical transport/ ferry flights its customer responsibility for getting visa and transport, and accommodations for crews,
- 36) In the event that parts of the general conditions become invalid, the remaining paragraphs are not affected. The general conditions and all services provided hereunder are governed by Indian law of land.
- 37) Any dispute relating or resulting from the present agreement shall be referred to the jurisdiction of the Courts at New Delhi.
- 38) In case of disputes between the parties, the parties agree to refer the dispute firstly for mediation and conciliation and if the disputes remain unsettled, the parties shall refer the dispute to Arbitration and shall be guided by the provisions of the Arbitration and Conciliation Act, 1996 (As amended upto date). The parties agree that the dispute shall be referred to a sole arbitrator and the seat of the arbitration shall be at New Delhi. The award passed by the learned sole Arbitrator shall be final and binding on the parties. It is agreed between the parties that in case the customer is of a nationality other than Indian, the same shall be settled in accordance with the Rules of Arbitration of the Indian Council of Arbitration.
- 39) Flights images,colour and seating arrangement are vary based on the availablity of aircraft.
LIMITED LIABILITY OF CHARTER FLIGHTS AVIATION
Unless Charter Flights Aviation explicitly acts as a reseller in certain scenarios, Charter Flights Aviation always acts as a facilitator by connecting the User with the respective service providers like airlines, charters, ambulance providers , doctors , nurse , transports services , hotels, restaurants, transport operator etc. (collectively referred to as "Service Providers"). Charter Flights Aviation’s liability is limited to activating different services involved in transportation for the User. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Providers. Charter Flights Aviation will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider. Charter Flights Aviation as a part of any product or service:
LIMITED LIABILITY OF CHARTER FLIGHTS AVIATION
Unless Charter Flights Aviation explicitly acts as a reseller in certain scenarios, Charter Flights Aviation always acts as a facilitator by connecting the User with the respective service providers like airlines, charters, ambulance providers , doctors , nurse , transports services , hotels, restaurants, transport operator etc. (collectively referred to as "Service Providers"). Charter Flights Aviation’s liability is limited to activating different services involved in transportation for the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Providers. Charter Flights Aviation will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Charter Flights Aviation as a part of any product or service:
• Charter Flights Aviation assumes no liability for the standard of services as provided by the respective Service Providers
• Charter Flights Aviation provides no guarantee with regard to their quality or fitness as represented.
• Charter Flights Aviation doesn't guarantee the availability of any services as listed by a Service Provider.
• By making a booking, User understands Charter Flights Aviation merely provides a platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not Charter Flights Aviation. Thus, the ultimate contract of service is between User and Service Provider
Unless explicitly provided by Charter Flights Aviation in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Charter Flights Aviation shall accept any claims arising out of such scenarios. Insurance, if any provided as a part of the service or product by Charter Flights Aviation shall be as per the terms and conditions of the third-party insurance company. Charter Flights Aviation merely acts as a facilitator in connecting the User with the insurance company. The User shall contact the insurance company directly for any claims or disputes. Charter Flights Aviation shall not be held liable in case of partial acceptance or denial of the claims by the insurance company
OBLIGATION TO OBTAIN VISA
Charter Flights Aviation is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Charter Flights Aviation for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.
There can be exceptional circumstances where Charter Flights Aviation and / or the Service Providers may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Charter Flights Aviation. If Charter Flights Aviation has advance knowledge of any such situations where dishonour of bookings may happen, it will make its best efforts to provide alternative options to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operator. The User agrees that Charter Flights Aviation being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third parties platforms such as payment gateways, banks etc.) or any other similar failures, Charter Flights Aviation 's no obligation the booking amount, if any, received from the customer. Such refund shall completely discharge Charter Flights Aviation from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall Charter Flights Aviationand be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
ADVERTISERS ON CHARTER FLIGHTS AVIATION, AND LINKED WEBSITES
- The Website may contain links to third parties websites. Charter Flights Aviation does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and Charter Flights Aviation shall assume no liability for the same.
Charter Flights Aviation is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers. Charter Flights Aviation is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers. Charter Flights Aviation does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of Charter Flights Aviation and hence Charter Flights Aviation is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Charter Flights Aviation is providing these links to the Users only as a convenience.
- The User agrees to indemnify, defend and hold harmless Charter Flights Aviation, its affiliates and their respective officers, directors, owners lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Charter Flights Aviation cannot be held responsible for the same.
- SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
- This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.
AMENDMENT TO THE USER AGREEMENT
- Charter Flights Aviation reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
- Any information which is specifically mentioned by Charter Flights Aviation as confidential shall be maintained confidentially. Medical information used for further clarification telemedicine or evidence report, for any assistance organization by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
- FAKE CALLS AND other SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
- Charter Flights Aviation's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately
TERMS OF THE AIRLINES/ charter / helicopters / seaplane operator
The charter/ airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.
- The charter/ airline tickets available through the Website are subject to the terms & conditions of the concerned airline, including but not limited to cancellation and refund policies.
- Charter Flights Aviation merely acts as a facilitator to enable the User to book a flight ticket. The contract of service for utilization of the flight is always between the User and the concerned airline/ charter companies.
- Airlines / charter companies retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to Charter Flights Aviation. As a facilitator Charter Flights Aviation has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight.
- Different services on the same airline may carry different restrictions or include different services and prices.
- The patient / traveling guests / baggage allowance on given fare is as per the terms decided by the airline/ charter, and Charter Flights Aviation has no role to play in the same. Some of the fares shown in the booking flow are "hand baggage fares" which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. The User is advised to contact the airlines for detailed costs.
CANCELLATION DUE TO VISA REJECTION
All the Users traveling on an outbound tour must be in possession of a valid visa (including transit Visa) to enter all the countries in which the Users intend to visit or pass through as a part of the outbound tour. User(s) whose visas are not granted by the concerned consulates, must intimate Charter Flights Aviation immediately about such rejection. Charter Flights Aviation will deduct applicable cancellation charges in addition to any additional visa expenses. In case of rejection, if User wishes to reapply/appeal against rejection of the visa, Charter Flights Aviation shall do the same strictly pursuant to the instructions of the User. The reapplying/appeal shall be a fresh transaction and the User will be liable to pay the applicable fee for such reapplying/appeal process along with service fee to Charter Flights Aviation. Unless otherwise applied by the User, Charter Flights Aviation will not initiate reapplication of any visa application..