General Terms and Conditions
GENERAL CONDITIONS FOR HOURLY RENTAL OF A BARE-SHULL AIRCRAFT
1. Provision of the aircraft
ZEPHYR agrees to provide the renter, on the agreed pick-up date, with a bareboat aircraft without crew at the agreed pick-up location. Upon delivery of the aircraft, ZEPHYR undertakes that:
• The aircraft is operational and airworthy;
• The aircraft (maintained in an approved workshop) is in good working order and properly maintained to allow the lessee to use it;
• The on-board documents are on board the aircraft (logbook, registration certificate, radio license and insurance certificate);
• The aircraft is in compliance with the laws of its State of registration with respect to the validity of its registration and its operation;
• The aircraft is insured with a reputable insurance company.
2. Use of the aircraft
The lessee undertakes to operate and use the aircraft in accordance with applicable legislation, in particular following the rules of the decree of July 24, 1991 relating to the conditions of use of civil aircraft in general aviation, the standards of use provided for in the manufacturer's technical documents, in the flight manual.
The lessee also undertakes to use the aircraft for lawful purposes and with a view to lawful flights and not to transport on board the aircraft any illicit goods or movable property with regard to the applicable regulations. From the time of taking over, responsibility for the aircraft is transferred to the lessee who, in his capacity as guardian of the rented aircraft, will be responsible for any damage caused to the aircraft, or, in the event of its use, to persons transported or not, including the pilot, or to property.
As part of this rental, the tenant expressly refrains from transporting passengers for a fee. In the event of non-compliance with this obligation by the tenant, the latter will bear all risks and must respect all international conventions and regulations applicable to public passenger transport, and in particular EC Regulation No. 1008/2008.
The following activities are excluded: public passenger transport, subletting, illicit activities or activities contrary to public order, aerial work, acrobatic flights.
If the tenant is a company, it will only be able to transport its staff or, free of charge, people who are not part of the company. The lessee must inform ZEPHYR as soon as possible of any interruption of planned flights and in particular, any damage, deterioration, incident or accident caused to or by the aircraft.
3. Delivery of the aircraft
Upon delivery of the aircraft, the lessee or his pilot shall take photographs of the interior and exterior of the entire aircraft, including, but not limited to, general views of the aircraft, wings, fuselage, empennage, landing gear, propellers and engines, antennas and sensors, as well as detailed views of the cabin, cockpit, baggage compartments, dashboard flight instruments, counters, hour meter, and on-board documents. These photos must be sent to the email address contact@zephyr-mc.com before the start of the flight. The tenant undertakes to report as soon as possible to ZEPHYR, before his departure or after his return, any anomaly, defect or shortage observed.
4. Driver choice
In the event that the lessee is not a pilot, it will be his responsibility, under his sole and exclusive responsibility, to use a pilot with all the qualifications required to pilot the aircraft, in accordance with the legislation in force in the region. 'State of registration, to carry out the flight.
More generally, and in the case of a bareboat rental in which the tenant has the nautical management and commercial management of the aircraft, it is up to him to ensure compliance with the regulations, whatever they may be. , which would be applicable to him and to hold ZEPHYR entirely free and unharmed in this respect.
The tenant guarantees ZEPHYR on first request against any conviction which could be pronounced against him in violation of the commitments contained in the terms of these general conditions.
Before the agreed date for pick-up, the renter also undertakes to communicate to ZEPHYR all documents relating to the pilot and crew, and in particular:
(i) The first and last name of the pilot chosen by the tenant;
(ii) A copy of his valid pilot license accompanied by the qualifications necessary to pilot the aircraft;
(iii) A copy of their valid passport;
(iv) A valid medical certificate;
(v) For insurance reasons, the pilot must have experience of at least one thousand five hundred (1500) hours of flight time in an aircraft, including five hundred (500) hours in aircraft equipped with turboprop engines. Proof of flight hours and proof that the chosen pilot has previously flown an aircraft with similar characteristics in the six months preceding delivery.
ZEPHYR cannot under any circumstances be held responsible for the choice of the driver and retains in all circumstances the right to refuse, upon receipt of the above-mentioned documents, the driver proposed by the tenant. In any case, the pilot may only fly the aircraft with the express authorization of ZEPHYR or its representative. To obtain this authorization, the pilot must carry out a flight accompanied by a person authorized by ZEPHYR. Once acquired, this authorization may be withdrawn at any time without notice by ZEPHYR. The pilot and crew of the aircraft will remain under the direction of the lessee for the duration of the rental. On the day of delivery of the aircraft, the lessee must ensure that the pilot chosen by him is in perfect possession of his physical and psychological means.
5. Aircraft maintenance
In the event that an inspection visit to the aircraft occurs during the rental period, the lessee undertakes to have it carried out at the approved workshop designated by ZEPHYR. The costs of this visit will be covered by ZEPHYR.
The rental is based on the time recorded on the hour meter in tenths of an hour (1/10) corresponding to the time between starting and stopping the engines. The two readings will be recorded in the journey log where the flight time will appear in tenths of an hour (1/10). By agreement, the lessor delegates responsibility for the above measures to the pilot of the aircraft who, upon his choice and validation by ZEPHYR, is deemed to have accepted these responsibilities.
6. Reservation
The reservation of the device will be made with ZEPHYR. For reasons of scheduling the machine which will also be used by other people, it is advisable to book the flight at least forty-eight hours in advance. In the event of unavailability, in particular for technical or meteorological reasons, ZEPHYR or its representative will notify the applicant. The latter will not be able to claim damages for disturbance of enjoyment, reduction of the above-mentioned price or compensation of any nature whatsoever, or termination of the provision, whether for immobilization linked to periodic repairs or overhauls. , or, in the event of it being impossible to use the aircraft following damage, destruction, theft, weather conditions not allowing the flight planned by the lessee to be carried out, or any event whatsoever. In the event that the lessee wishes to keep the aircraft for a longer period, he must first obtain the agreement of ZEPHYR or its representative.
7. Exclusion of any air transport within the meaning of international conventions
The tenant expressly acknowledges that ZEPHYR acts neither as a tour operator nor as a carrier. As such, the International Convention of 1929 for the Unification of Certain Rules Relating to International Carriage by Air, as amended and supplemented, and/or the rules and regulations established by the Montreal Convention of 1999 on the Unification of Certain Rules relating to international transport and any subsequent protocols relating thereto, do not apply between the parties.
8. Tenant declarations
On the start date, the tenant declares and guarantees to the owner that:
(i) He has the legal capacity and all the rights, powers and authorizations necessary to conclude and sign these general conditions;
(ii) The conclusion and execution of these general conditions do not and will not contravene any law applicable to the tenant;
(iii) He holds and undertakes to maintain, throughout the duration of the rental, all licenses, certificates, professional qualifications and permits provided for by applicable law for the conclusion of the contract with ZEPHYR and the execution of its obligations;
(iv) Its activity complies with applicable laws and standards.
9. Restitution
At the end of the rental period or upon termination of the contract between ZEPHYR and the lessee, for whatever reason, the lessee undertakes to return the aircraft to ZEPHYR at the same place as the place of delivery, under the reservation of the option of the parties to agree that restitution can take place elsewhere. The contract for the rental of the aircraft will continue to run until the aircraft is returned to ZEPHYR at the same place as the place of delivery.
ZEPHYR reserves the right to demand payment of immobilization compensation in all cases where the aircraft is not returned to the same place as the place of delivery, apart from technical reasons. Unless otherwise agreed between the parties, the aircraft will be returned to ZEPHYR in the same condition in which it was received, with all equipment, accessories and on-board documents that existed at the time of delivery, with the exception of normal wear and tear.
When returning the aircraft, ZEPHYR reserves the right to inspect the aircraft. In the event that the aircraft is not returned to ZEPHYR in good clean condition (interior and exterior), the latter reserves the right to invoice the lessee for cleaning costs for the aircraft.
When returning the aircraft, the parties undertake to duly complete and sign the return form and, if necessary, request any competent authority in the State of the place of return to sign or stamp said form for the purpose of to certify the date and place of return.
In the event that the aircraft has suffered damage due to a fault of the lessee or the pilot designated by the latter, resulting in depreciation, the lessee will be liable to ZEPHYR for compensatory compensation equivalent to the depreciation suffered by the aircraft. 'aircraft.
10. Abandonment
When renting, the lessee is strictly prohibited from abandoning the aircraft (except in cases of force majeure). If the aircraft cannot be repaired within a reasonable time, the lessee may only abandon the aircraft with the agreement of ZEPHYR.
In the event of abandonment of the aircraft, the repatriation of the aircraft will be the responsibility of the lessee except in the case where the reason for the immobilization would be the responsibility of ZEPHYR. The pilot's possible repatriation costs can only be covered within the framework of the insurance guarantees. Flight hours completed until the aircraft is immobilized will be billed at the initially planned rate.
If the lessee abandons the aircraft in an aerodrome other than that of delivery, apart from immobilization of the aircraft due to breakdown or accident, the repatriation of the aircraft will be carried out at the expense of the lessee who will also bear all costs annexes, including aircraft parking fees.
11. Transfer of risks
Upon delivery of the aircraft to the lessee, full liability for the aircraft is transferred to the lessee who, as holder and custodian of the rented aircraft, will be responsible for any damage caused to the aircraft at the time of delivery. ground or in flight, wherever it may be, as well as any damage to property and persons transported or not, including the pilot and his property.
13. Prices
The hourly rate for rental of the aircraft is fixed per hour, which is expressly accepted by the lessee. Its amount appears in Appendix 1 to this Contract, an appendix of which the tenant declares and acknowledges having read. The duration invoiced by the owner during rental is based on “block to block” hours, i.e. from departure from the parking lot until the aircraft returns to the parking lot.
By express agreement between the parties, the hourly rate includes the costs of JETA A1 fuel, engine oil, additives as well as insurance costs. Landing fees, road and terminal taxes, marking, parking and handling fees are not included in this price and will, if necessary, be re-invoiced to the tenant in addition to the rental amount.
14. Payment
The tenant undertakes to pay ZEPHYR the amount including tax of the accepted quote by credit card or bank transfer. The balance possibly remaining due by the lessee on the day of return of the aircraft will be the subject of an additional invoice (for example in the event of flight duration actually carried out greater than the accepted estimate), the overpayment in the event of Lower usage will be refunded to the account designated by the tenant. Any late payment will result in monthly fixed compensation of ten percent (10%) of the amount excluding tax of the sums owed by the tenant.
15. Insurance
ZEPHYR undertakes to, at any time during the rental period, subscribe, negotiate or conclude any contract necessary to adequately insure the aircraft and maintain insurance policies which guarantee that the aircraft is insured. at least with all the guarantees required and obligatory under applicable law as well as with all the policies made necessary for the bareboat rental of the aircraft by the lessee. As such, ZEPHYR declares that it has taken out an insurance policy (including the war risk body guarantee) guaranteeing the tenant:
(i) Damage that he could cause to the body of the aircraft, including total loss. The tenant remains his own insurer up to the amount of the deductible;
(ii) The recourse of third parties and transported persons for material damage and bodily injury (civil liability) limited to fifteen million euros (€15,000,000.0) per incident, all damages combined, and limited to one hundred -sixty thousand euros (€160,000.0) per passenger. Payment of the insurance premium is included in the rental price.
16. Termination and cancellation
ZEPHYR may terminate this contract at any time and automatically in the event of:
(i) Non-payment of any sum provided for in this contract by the tenant;
(ii) Failure to comply with one of the tenant's obligations;
(iii) Alienation of the aircraft by ZEPHYR;
(iv) Unavailability of the aircraft, for whatever reason.
In the event of termination, the lessee must immediately return the aircraft to ZEPHYR under the conditions provided for in article 9 hereof. In the event of cancellation at the initiative of the tenant less than seven (7) days before the scheduled flight, the entire amount due for rental remains due to ZEPHYR. Under no circumstances can ZEPHYR be held responsible for possible postponements, cancellations or delays.
17. Transfer and subletting
The lessee expressly refrains from transferring or subletting, free of charge or for a fee, the aircraft to third parties. Likewise, it is prohibited to encumber the aircraft with any security. Furthermore, he undertakes not to entrust the piloting of the aircraft to a pilot other than the one declared to ZEPHYR, without prior written agreement.
18. Modification
No exemption or modification can validly be made to these general conditions if it is not agreed by a written agreement concluded between the tenant and ZEPHYR.
19. Waiver
A failure or delay by the tenant or ZEPHYR in exercising any right or remedy provided for in these general conditions or under applicable law shall not be construed as a waiver of that right or any any other right or remedy, nor as a bar or restriction on any further exercise of that or any other right or remedy. The single or partial exercise of a right or remedy provided for by these general conditions or by law does not prevent or limit the continued exercise of this right or any other right or remedy. appeal.
20. Entire Agreement and Assignment
These terms and conditions, together with the exhibits and annexes attached thereto, contain the entire agreement of the parties concerning the subject matter hereof and supersede all prior agreements and understandings, oral or written, concerning these matters, including the parties acknowledge that they have been merged into these documents, exhibits and annexes.
ZEPHYR and the tenant are not authorized to assign or transfer, in whole or in part, their rights and obligations under this contract to a third party. However, ZEPHYR may subcontract or delegate all or part of its rights and obligations under this contract to third parties.
21. Nullity
If any section or part section of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the article or part of an article concerned is deemed deleted. Any modification or deletion of a section or part of a section under these terms and conditions does not affect the validity and enforceability of the remaining sections.
22. Notification
Any notice to any party must be in writing, either by email or postal mail. Notice shall be deemed given twenty-four (24) hours after sending an email which is not returned to the sender, or three (3) days after deposit in a post office, at address provided by the tenant to ZEPHYR and for ZEPHYR, at the address indicated at the header hereof.
23. Personal data
ZEPHYR will be required to process the personal data provided by the tenant for the purposes of processing their reservation, rental, and monitoring and invoicing of their rentals. As part of this processing of personal data, ZEPHYR, which acts as data controller, is required to comply with all the rules applicable to the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament. and of the Council of April 27, 2016 (hereinafter “GDPR”).
As such, ZEPHYR implements all technical and organizational security measures to ensure the security and confidentiality of personal data. The processing of the tenant's personal data is necessary for the execution of the contract which binds the parties.
The data collected will be communicated to authorized ZEPHYR personnel as well as to ZEPHYR subcontractors who are involved in the execution of the services ordered by the tenant. To achieve the purposes pursued, the data collected may be transferred to countries outside the European Economic Area. When this is the case, ZEPHYR will ensure that these transfers are based on transfer mechanisms ensuring a sufficient level of protection such as adequacy decisions or standard contractual clauses.
The data collected will be kept for a period of three (3) years from the closing of collection of the last rental. The tenant has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to object to the processing. To exercise his rights, the tenant is invited to contact the data controller at the following postal or email address: contact@zephyr-mc.com
In the event of a complaint, the customer can send a complaint to the Commission for the Control of Nominative Information.
24. Applicable law and competent jurisdiction
These general conditions and any dispute or claim, including disputes, differences and claims of a non-contractual nature, arising from or in connection with them, are governed by Monegasque law and interpreted in accordance therewith. ZEPHYR and the tenant irrevocably agree that the Court of First Instance has exclusive jurisdiction to settle any dispute and claim, including disputes or claims of a non-contractual nature, arising from or in connection with this contract.
These general conditions include an annex:
• Appendix 1: Rental pricing conditions
ANNEX 1
PRICE CONDITIONS FOR HOURLY RENTAL OF A BARE-SHULL AIRCRAFT
HOURLY RATE IN EFFECT FROM 01/11/2023
• Excluding tax : €1,416.67
• All taxes included : €1,700.00