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Terms & Conditions

Definitions

  • “Aircraft” shall mean any aircraft operated by the Carrier to perform the Flight.
  • “Brokerage Agreement” shall mean the flight brokerage agreement between Eton Aviation and the Customer with respect to the Flight(s) and specifically the written agreement by which Eton Aviation undertakes to enter into a Charter Agreement with a certain Carrier for specific Flight arrangements and the Customer undertakes to pay to Eton Aviation the Flight Price.
  • “Captain” shall mean the pilot in command of the Aircraft.
  • “Carrier” shall mean the operator of the Aircraft or the other entity undertaking to transport Passenger(s) under the Charter Agreement. For the avoidance of doubt, under the Brokerage Agreement, Eton Aviation is not a Carrier.
  • “Eton Aviation” is the trade name under which Eton Aviation provides flight brokerage services. “Charter Agreement” shall mean the Agreement entered into between Eton Aviation and the Carrier with a view to the carriage of the Passenger(s) by the Carrier. The term “Charter Agreement” is without prejudice of the legal characterisation of this agreement, which may be a contract of carriage.
  • “Customer” shall mean the legal entity or individual entrusting Eton Aviation with arranging Flight(s).
  • “Flight Confirmation” shall mean the confirmation by Eton Aviation to the Customer that a Charter Agreement has been entered into with the Carrier, such document setting out all final details of the Flight(s) and specifically the Flight Itinerary.
  • “Flight Itinerary” shall mean the place of departure, place of arrival and any stopping points, together with any indications of departure and arrival dates and times, as set out in the Flight Quotation, the Charter Agreement and/or the Flight Confirmation, as applicable.
  • “Flight Price” shall mean the amount to be paid by the Customer for Flight(s), which includes the Carrier’s remuneration and the Brokerage Fee.
  • “Flight Quotation” shall mean the document issued by Eton Aviation to the Customer, setting out a proposal for Flight arrangements, including the relevant details of the Flight(s).
  • “Flight(s)” shall mean the flight or, as the case may be, all or each of the flights set out in the Flight Quotation.
  • “Eton Aviation” shall mean Eton Aviation LTD, London, UK.
  • “Passenger”  or “Passengers” shall mean the person(s) designated by the Customer to be carried in an Aircraft under the Charter Agreement, to the exclusion of the aircraft crew members.

Scope of Application

The Flight Quotation, the Brokerage Agreement, any related services of Eton Aviation to the Customer and dealings in that connection will be subject to, and governed by, these Terms and Conditions.

These Terms and Conditions shall prevail over any oral or other arrangements in relation to such flight brokerage services, unless specifically agreed in writing between Eton Aviation and the Customer. In case of contradiction between the Flight Quotation and/or the Brokerage Agreement, on the one hand, and these Terms and Conditions, on the other, the former shall prevail.

Role of Eton Aviation

Eton Aviation is a flight brokerage service acting as an intermediary between the Customer and the Carrier. Eton Aviation undertakes, in consideration of the Brokerage Fee, to make the necessary arrangements on behalf of the Customer, for the carriage of the Passengers by the Carrier. In such capacity, Eton Aviation undertakes to enter into a Charter Agreement with a Carrier, in Eton Aviation’s name, but on the account of the Customer and its Passenger(s). Thus, Eton Aviation acts as an agent.

Eton Aviation does not act in the capacity of a Carrier and no contract of carriage is or will be entered into between the Customer and/or the Passenger(s), on the one hand, and Eton Aviation on the other hand. The Flight(s) shall be subject to the terms and conditions of the Charter Agreement, including the Carrier’s conditions of carriage, which are consistent with industry standards and will be communicated to the Customer upon request.

All rights and claims Eton Aviation has under the Charter Agreement will pass to the Customer upon payment of the Flight Price and any Special Costs to Eton Aviation.

Brokerage Agreement

Upon the Customer’s request, Eton Aviation will submit Flight Quotation(s) to the Customer, setting out details of proposed Flights, and in particular the Flight Itinerary, the Flight Price, the Carrier’s cancellation fees. The Flight Quotation shall also specify its period of validity. A Flight Quotation does not constitute an offer to contract and may be withdrawn at any time at the discretion of Eton Aviation.

If the Customer wishes to proceed on the basis of a Flight Quotation, Eton Aviation will issue a Brokerage Agreement form for the Customer’s signature. Under the Brokerage Agreement, the Customer instructs Eton Aviation to conclude a Charter Agreement with the Carrier and undertakes to pay the Flight Price to Eton Aviation, as per all details and on the terms specified therein.

Upon receipt of the Flight Price, Eton Aviation shall endeavour to contract for the Flight(s) with the Carrier.

Eton Aviation shall confirm the conclusion of the Charter Agreement by issuing a Flight Confirmation to the Customer.

Obligations of Eton Aviation

Eton Aviation will conclude a Charter Agreement for the benefit of the Customer and its Passenger(s), with a suitable Carrier, at the usual conditions prevailing in the industry, in accordance with the terms set out in the Brokerage Agreement.

Eton Aviation is not responsible for the performance of any Flight(s) under the Charter Agreement and Eton Aviation is generally under no liability to the Customer in connection with the Charter Agreement and/or Flight(s). Eton Aviation cannot be held liable for the payment of any amount due by the Carrier in case of default under the Charter Agreement.

In the event of non-performance or mis-performance by the Carrier of the Charter Agreement or of any Flight(s) comprised therein, the Customer and/or the Passengers shall, exercise themselves any remedy available against the Carrier. Eton Aviation will nevertheless endeavour to facilitate discussions with the Carrier, in particular with a view to the recovery of any amounts that may be refundable to the Customer under the Charter Agreement.

In case of cancellation of Flight(s), Eton Aviation is authorised – but not obliged – to arrange alternative Flight(s) under comparable conditions (“Alternative Flight(s). Alternative Flights shall not result in additional costs for the Customer and allow Passenger(s) to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival, as per the Flight Itinerary. Otherwise, Alternative Flight(s) are subject to the Customer’s approval. The arrangement of Alternative Flight(s) relieves the Carrier and Eton Aviation of any liability with respect to the cancelled Flight(s).

Flight Price and Other Payment Terms

The Customer shall pay to Eton Aviation the Flight Price in the amount and at the time specified in the Brokerage Agreement.

The Flight Price shall cover the charges payable by Eton Aviation under the Charter Agreement to the Carrier for the Flight(s) and Fly’s remuneration of services under the Brokerage Agreement.

Unless otherwise specified in the Brokerage Agreement, the Flight Price does not include special catering requests, such as caviar, special wines or spirits, special additional services or expenses, such as, without limitation, satellite phone charges, any necessary additional war risk insurance premiums, de-icing of aircraft, special security requirements, limousine and/or car escort. Such costs will be invoiced by Eton Aviation separately (“Additional Costs”).

Should the Customer require any amendments or additions to the Flight Itinerary, or should any other circumstance affecting the performance of Flight(s) result in Eton Aviation being liable to pay additional costs to the Carrier under the Charter Agreement, the Customer shall pay the corresponding increase in the Flight Price, as shall be communicated to the Customer by Eton Aviation.

The Customer authorises Eton Aviation to apply the Flight Price or any amount thereof in settlement of any sum due to the Carrier under the Charter Agreement. The Customer acknowledges that such payments must usually be made to the Carrier in advance of Flight(s).

The Customer’s may at any time instruct Eton Aviation in writing to withhold any payment to the Carrier. If a Charter Agreement has already been concluded, Eton Aviation may make its adherence to such instructions conditional upon the Customer’s undertaking to indemnify Eton Aviation of any claim by the Carrier and of any related costs, and (ii) the advance payment to Eton Aviation of any amount to be incurred in defending the Carrier’s claim.

In case of termination of the Brokerage Agreement prior to the conclusion of a Charter Agreement, Eton Aviation shall promptly return to the Customer the Flight Price and any unused part of other payments received from the Customer. In case of Flight cancellation or non-performance of the Charter Agreement, Eton Aviation shall also refund, after deduction of the Brokerage Fee, any such amounts, to the extent that, in Eton Aviation’s reasonable opinion, they are not owed to the Carrier. Eton Aviation is entitled to withhold as a security any amounts which, in its reasonable opinion, may be due to the Carrier, pending the final resolution of a dispute with the Carrier or the Carrier’s confirmation that it renounces any claim.

Customer’s Responsibilities

The Customer shall ensure that all Passenger(s) and their baggage shall comply with all relevant laws and regulations, as well as with the Carrier’s conditions of carriage. It is the responsibility of the Customer to ensure that all Passengers comply with passport, visa, health and other similar requirements of the States of departure, transit and arrival. Should any surcharges, fines or other costs arise as a result of a failure to comply with any such laws and/or requirements, the corresponding amount shall be borne exclusively by the Customer. It is similarly the responsibility of the Customer to ensure that all Passengers comply with customs requirements, including without limitation, declaration of certain goods, items, currencies, etc.

The Customer shall provide Eton Aviation with all Passenger(s) details, in due course as per Eton Aviation instructions.

The Customer shall complete the travel documents in such form and within the deadline as Eton Aviation may require, and it shall be the responsibility of the Customer to ensure that properly completed travel documents are delivered to all Passengers in accordance with applicable law, and that all Passengers comply with the provisions of such travel documents. The Customer shall be responsible for providing the Passengers with all details of the Flight Itinerary and ensure that they present themselves for departure at the time and place indicated in the Flight Itinerary. Passenger delays or no-show may result in the cancellation of Flight(s), in accordance with the Charter Agreement and the Carrier’s conditions of carriage.

The Customer shall be responsible for ensuring that all Passengers, when embarking, travelling on and/or leaving the Aircraft, follow all instructions of the Captain, take good care of the Aircraft and do not cause any damage to the cabin or to any other parts of the Aircraft.

The Customer shall hold harmless and indemnify Eton Aviation against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default of the Customer or any Passenger in complying with any laws, regulations, the Carrier’s conditions of carriage, and this Brokerage Agreement.

Delays, Alterations and Diversions

Neither Eton Aviation nor the Carrier can be responsible for delays due to air traffic control, adverse weather conditions or other factors outside their reasonable control. All times of arrival in the Flight Itinerary are indicative only.

Where Eton Aviation arranges for Passengers to be transferred to their destination by alternative means of transport, it shall be deemed to arrange such service as agent for the Customer and shall under no circumstance whatsoever be liable in respect of any loss or damage arising out of such transport. The costs of such transfer shall be for the account of the Customer.

Cancellation and Termination

The Customer may terminate the Brokerage Agreement or cancel any Flight at any time prior to the scheduled time of departure by notice in writing to Eton Aviation, subject to the payment to Eton Aviation of the Carrier’s cancellation fees, which are set forth in the Brokerage Agreement. The Carrier’s cancellation fees will apply regardless of the reason for the Customer’s decision to cancel.

Eton Aviation may apply any monies already received from the Customer in satisfaction of the Carrier’s cancellation fees, and shall only repay to the Customer the amount, if any, by which the monies already received exceed the Carrier’s cancellation fees specified in the Brokerage Agreement and the Brokerage Fee.

Eton Aviation may terminate this Brokerage Agreement, without being liable to pay any cancellation fee or any other amount to the Customer, by notice in writing to the Customer, in case the Customer commits any breach of this Brokerage Agreement, including without limitation a failure to pay an amount owed hereunder on the due date, the Customer suspends payments to its creditors generally or any bankruptcy, liquidation or similar proceedings are initiated in respect of the Customer, or the Customer cancels more than two Flights.

Exclusion of Liability

Eton Aviation shall be under no liability to the Customer or any Passenger in respect of any variation to or cancellation of a Flight resulting from any act or omission of the Carrier, for the failure by the Carrier to perform any Flight, or in the event of any loss suffered by any Passenger in connection with any Flight, and the Customer hereby acknowledges that in any such event its sole recourse, if any, shall be against the Carrier under the applicable conventions, laws and conditions of carriage.

To the maximum extent allowed by applicable law, any liability of Eton Aviation for any damages arising out of or in connection with the Brokerage Agreement and Eton Aviation’s services under the Brokerage Agreement is excluded. Eton Aviation shall not in any circumstances be liable to the Customer for any indirect or consequential damage.

Personal Data Protection

All personal data with respect to the Customer and the Passenger(s) will be collected and processed by Eton Aviation in accordance with the Privacy Policy which is available on Eton Aviation’s website (the “Privacy Policy”).

The Customer hereby confirms that it has read the Privacy Policy and expressly agrees to all terms thereof. The Customer further confirms that it has submitted the Privacy Policy to all Passengers, that they have read it and that they expressly agree to all terms thereof.

Eton Aviation is authorised to collect and transfer information relating to the Customer, the Passenger(s) and the Flight Itinerary to the Carrier, as well as to any authorities where required.

The Customer and the Passenger(s) acknowledge and agree that personal data may have to be transferred to countries where the data protection level is not equivalent to that provided in the Customer’s and/or the Passenger(s)’ home country.

General Provisions

The Brokerage Agreement (including, for the avoidance of doubt, these Terms and Conditions) contains the entire understanding of Eton Aviation and the Customer.

Any amendment to the Brokerage Agreement shall only be valid if made in writing and duly signed on behalf of Eton Aviation and the Customer.

No failure to exercise nor any delay in exercising any right or remedy hereunder shall operate as a waiver thereof.

The Customer is not entitled to assign or transfer any of its rights and/or obligations hereunder without the prior written consent of Eton Aviation.

Governing Law

The Brokerage Agreement shall be governed by, construed, and enforced in accordance with the laws of United Kingdom, without regard to its conflict-of-law rules.

Jurisdiction

Any dispute, controversy or claim arising out of, or in relation to, the Brokerage Agreement, including the validity, invalidity, breach, or termination thereof and non-contractual claims, shall be in the exclusive jurisdiction of the courts of United Kingdom.