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Terms and Conditions of the Incentive Scheme for Interflight (Air Charter) Limited
Introduction
1.0 The Incentive Scheme shall only be available to fully registered BACA members with a corresponding registered address (“the BACA Member”).
1.2 The Incentive Scheme shall entitle the Member to a rebate of up to 2% on Qualifying Contracts under these Terms and Conditions.
Qualifying Contracts
2.0 To qualify:
2.1 For the avoidance of doubt a contract is not qualifying if the contract, or any leg or part of the contract is operated in a later or subsequent month to which it is contracted, however this Qualifying Contract shall be carried over to the subsequent month’s qualifying.
2.2 If a Qualifying Contract is cancelled the contract will no longer qualify. Payment of any cancelation charges if applicable will not constitute a qualifying contract.
Rebate
3.1 A BACA Member will be entitled to receive up to 2% rebate of the total charter value of the Qualifying Contracts (the “Rebate”) provided that the Qualifying Contracts are fully paid, operated and successfully completed within the Qualifying Period.
3.2 Any additional fees or expenses incurred on a Qualifying Contract that are excluded from the total charter value will not constitute a qualifying contract.
3.3 There is no upper limit or capped amount on the Rebate.
Payment
4.1 A Rebate will only be payable by Interflight on their receipt of an invoice from the BACA Member for the agreed Rebate amount. All invoices must be received within twelve months after the date of the last Qualifying Contract.
4.2 The Rebate shall be payable by cheque in GBP.
4.3 A Rebate shall only be made payable to the Member’s BACA registered Company name and address with the corresponding BACA membership number.
4.4 A Rebate shall not be payable to any individuals or unrelated third parties under any circumstances.
4.5 If the BACA Member is not the contracting party on a Qualifying Contract, but the BACA Member was instrumental in procuring a Qualifying Contract and continues to act as the Agent for the end client throughout the flight, the BACA Member shall include a commission agreement between the BACA Member and Interflight, together with the invoice pursuant to clause 4.1, in order to be eligible for the Rebate.
4.6 Any newly registered BACA members will be eligible for participation in the Incentive Scheme the following calendar month after full registration with BACA, and in compliance with clause 4.3 of these Terms and Conditions.
General
5.1 The Interflight decision shall be final in the event of any dispute.
5.2 The Terms and Conditions shall commence on 1st September 2017 and are valid until as decided by Interflight.
1 Definitions
1.1 In these conditions (“Conditions of Carriage”) the following expressions shall have the following meanings:
“Baggage”
the Passenger’s personal baggage to be carried on the Charter Flight, consisting of (except as otherwise specified) both checked and unchecked baggage.
“Convention”
whichever of the following apply:
“Crew”
the crew of the Aircraft;
“Passenger”
a passenger holding a valid Ticket who is to be carried on the Aircraft (excluding members of the Crew;
“Prohibited Items”
items which IFAC notifies the Passenger must not be carried in Baggage;
“Regulations”
IATA standard regulations in respect of animals, children, passengers with disabilities, pregnant passengers;
“SDR”
means Special Drawing Right, as defined by the International Monetary Fund;
“Ticket”
means any electronic or hard-copy Ticket.
1.2 Capitalised terms not defined in clause 1.1 of these Conditions of Carriage shall have the same meanings as set out in the Terms.
2 Application of Conditions
2.1 These Conditions of Carriage apply to all Charter Flights.
2.2 In the event that IFAC arranges any third party carrier to provide flights in substitution for the Charter Flight or any part of it, these Conditions of Carriage shall apply to such substitute flight.
2.3 If these Conditions of Carriage are inconsistent with any tariffs or laws which apply to your contract of carriage with us, the tariffs or laws will apply.
3. Tickets and Boarding
3.1 IFAC may refuse to carry any Passenger who does not produce for inspection:
3.1.1 a valid, unspoiled passport or appropriate identification including a photo ID document in the Passenger name.
3.2 The Ticket may not be transferred to another person and is valid only from the departure airport to the destination airport (via, if applicable, any stated stopping places inbetween).
3.3 If a Passenger misses the Charter Flight then the Ticket becomes invalid and IFAC shall have no liability to the Passenger.
3.4 If Passengers:
3.4.1 do not complete the check-in process nor receive their boarding pass early enough to allow sufficient time for departure procedures to be carried out; or
3.4.2 are not present at the designated boarding gate for the Charter Flight, then IFAC may refuse to carry them with no liability.
3.5 IFAC may refuse to allow a Passenger to board (or, having boarded, may refuse to carry them and if necessary have them removed) if:
3.5.1 IFAC reasonably believes that carrying the Passenger or the Passenger’s Baggage (or any of it) would have an adverse impact on the safety of the Charter Flight or the health, safety or comfort of the Passenger or any other person onboard;
3.5.2 IFAC reasonably believes that the Passenger is under the influence of alcohol or drugs to such extent as to present any risk to the safety of (including damage to) the aircraft or any person on it (including the Passenger);
3.5.3 the Passenger refuses to allow any security check or (where applicable) any screening or x-ray of the Passenger or Baggage to be carried out;
3.5.4 the Passenger refuses to comply with any reasonable instructions or requests of the Crew;
3.5.5 the Passenger is abusive, insulting or threatening;
3.5.6 the Passenger interferes with a member of the Crew;
3.5.7 the Passenger does not produce valid travel documents or those travel documents are not valid for a country into which the Passenger is entering;
3.5.8 if the immigration authority of a country which the Passenger is travelling to or through advises that they will not allow the Passenger into that country;
3.5.9 if the Passenger destroys or attempts to destroy any travel documents or refuses to allow them to be copied or refuses to give them to a member of the Crew when asked to do so; or
3.5.10 if the Passenger is subject to a no-fly list or subject to any international sanctions.
3.6 If IFAC refuses to carry or removes a Passenger for any of the reasons stated in clause 3.5 of these Conditions of Carriage then the Ticket or any unused portion of it may be voided at IFAC’s discretion with no liability to the Passenger.
3.7 In the event that a Passenger chooses to carry a pet or animal on the Aircraft, IFAC is a DEFRA approved operator and has the relevant approvals to carry pets or animals into certain certified airports within the United Kingdom. The carrying of pets or animals is subject to:
3.7.1 prior permission from the United Kingdom authorities (IFAC can procure the assistance of any necessary administration however, all administration shall remain the responsibility of the Passenger and IFAC is in no way liable for any loss as a result of any incomplete or insufficient documentation);
3.7.2 any additional costs incurred as a result of the transportation of the pets or animals that shall be subject to the terms of Clause 7.1 of these Conditions.
3.8 IFAC may facilitate the carriage of unaccompanied children, subject always to the written permission of a next of kin.
3.9 The carriage of any Passenger with any relevant medical or mobility issue shall be entitled to fly subject to a relevant medical practitioner certificate and subject always to IFAC discretion.
4. Baggage
4.1 Any Baggage in excess of the free baggage allowance stated in the Booking Confirmation must be paid for by Passengers at IFAC’s rates for excess baggage from time to time.
4.2 The Passenger must not carry any Prohibited Items in his or her Baggage and IFAC may refuse to carry (or, if already boarded, may refuse any further carriage) any Passenger whose Baggage is found to contain any Prohibited Item.
4.3 IFAC may refuse to carry any Baggage containing prohibited items or oversized/heavy Baggage or any Baggage that cannot be stored safely in the hold or cabin of the Aircraft and that in any event shall be at the discretion of the Captain.
4.4 Schedules & denied boarding compensation
4.5 IFAC may alter scheduled departure times including after the Ticket has been issued to the Passenger.
4.6 IFAC shall use commercially reasonable endeavours to avoid delays to the Charter Flight, including, if it deems appropriate, arranging for a substitute aircraft or carrier to carry out all or part of the Charter Flight, however IFAC does not guarantee the scheduled times for Charter Flights.
4.7 If the Charter Flight is delayed or cancelled then the Charterer shall be contacted at the earliest possible time and the Charterer shall be notified of any changes to make any alternative arrangements or confirm any necessary refunds.
4.8 Nothing in these Conditions of Carriage shall be construed to exclude or limit Passengers’ rights and remedies under EC Regulation 261/2004 in respect of denied boarding and of cancellation or long delay of flights.
5. Behaviour on the Aircraft
5.1 If IFAC reasonably believes that a Passenger has attempted to or has in fact:
5.1.1 put the Aircraft or any person on it at any risk (including risk of damage to health or property);
5.1.2 interfered with the Crew;
5.1.3 disregarded any instructions of the Crew relating to safety or security;
5.1.4 failed to obey instructions of the Crew regarding smoking, alcohol or drugs;
5.1.5 acted in a threatening, disorderly, offensive or abusive way whilst on the Aircraft;
5.1.6 committed a criminal offence;
5.1.7 caused any discomfort or inconvenience to another Passenger,
then IFAC may take such measures as its deems necessary to counteract such behaviour, including restraining the Passenger and removing him or her from the Aircraft.
Passengers so removed shall not be entitled to any further carriage or any compensation in respect of the Charter Flight. Passengers may be prosecuted for offences committed on the Aircraft.
6. Travel Documents, Entry, Customs and Security
6.1 Passengers are solely responsible for:
6.1.1 obtaining and producing all necessary, valid travel documents and visas for their travel;
6.1.2 obeying the laws of countries flown from, entered into, or through which the Passenger transits.
6.2 The Passenger shall reimburse IFAC if IFAC is required to pay any fine resulting from the Passenger’s failure to obey the laws, orders or demands of any country flown from, entered into, or through which the Passenger transits.
6.3 If the Passenger is refused entry into any country then the Passenger shall reimburse IFAC for any penalty assessed against IFAC and for the full costs of transporting the Passenger from that country and for the avoidance of doubt no part of the Charter Price shall be refunded.
6.4 Passengers must submit to any security checks required by airport or other government officials or carriers (including IFAC).
6.5 If necessary, Passengers must be present at any inspection of their Baggage by customs or other authorised officials. IFAC shall have no liability for any damage caused to Baggage arising during or as a result of such an inspection.
7. Liability for Damage
7.1 IFAC’s liability for the carriage of Passengers and Baggage is governed by:
7.1.1 the Convention, to the extent applicable;
7.1.2 any applicable EU or national laws; and
7.1.3 to the extent not inconsistent with either of the above, the Terms of Charter.
7.2 Liability for death, wounding or other bodily injury to Passengers
7.2.1 The liability of IFAC for proven damages sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract.
7.2.2 Subject to clauses 7.2.3 and 7.2.4, for damages up to and including the sum of the equivalent of 113,100 SDRs for each Passenger, IFAC shall not exclude or limit its liability.
7.2.3 IFAC shall not be liable for damages under clause 7.2.2 to the extent that they exceed for each Passenger 113,100 SDRs if IFAC proves that such damage was:
7.2.3.1 not due to the negligence or other wrongful act or omission of IFAC or its servants or agents; or
7.2.3.2 solely due to the negligence or other wrongful act or omission of a third party.
7.2.4 When by reason of death or injury of a Passenger compensation is claimed by a person other than the Passenger, IFAC shall be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that Passenger.
7.2.5 IFAC shall, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
7.2.6 Without prejudice to clause 7.2.7, an advance payment shall not be less than the equivalent of 16,000 SDRs per Passenger in the event of death.
7.2.7 An advance payment shall not constitute recognition of IFAC’s liability and may be offset against any subsequent sums paid on the basis of IFAC’s liability. An advance payment is not returnable, except in the cases described in clauses 7.2.3 or 7.2.4, or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
7.2.8 IFAC shall not be responsible for any illness, injury or disability, including death, attributable to the Passenger’s physical condition or for the aggravation of such condition.
7.3 Liability for damage to Baggage
7.3.1 IFAC shall not be liable for damage to unchecked Baggage unless the damage results from the fault of IFAC or that of its servants or agents.
7.3.2 IFAC is liable for damage sustained in case of destruction or loss of, or of damage to, checked Baggage upon condition only that the event which caused the destruction, loss or damage took place on board the Aircraft or during any period within which the checked baggage was in the charge of IFAC. However, IFAC is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the Baggage.
7.3.3 Subject to clause 7.3.4, IFAC’s liability for damage to Baggage shall be limited to 1,131 SDRs.
7.3.4 The limit of IFAC’s liability in clause 7.3.3 shall not apply if the Passenger makes, at the time when the checked Baggage was handed over to IFAC, a special declaration of interest in delivery at destination and pays the applicable fee (the amount of which shall be made available to Passengers on request).
7.3.5 IFAC shall not be liable for damage to Baggage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
7.3.6 IFAC shall not be liable for any damage to or loss of Prohibited Items included in the Passenger’s Baggage and the Passenger shall be responsible for any damage directly or indirectly attributable to any Prohibited Items.
7.3.7 If the Passenger receives checked Baggage without making a complaint this shall be prima facie evidence that the Baggage has been delivered in good condition.
7.3.8 In the case of damage to checked Baggage, the Passenger must complain to IFAC forthwith after the discovery of the damage, and, at the latest, within 7 days from the date of receipt of checked Baggage.
7.3.9 In the case of delay to checked Baggage, the complaint must be made at the latest within 21 days from the date on which the Baggage is placed at the Passenger’s disposal.
7.3.10 Complaints relating to lost, damaged or destroyed Baggage must be sent to IFAC in writing by email to charter@interflight.co.uk.
7.3.11 If no complaint is made within the times set out in clauses 7.3.8 or 7 .3.9 as applicable, no action shall lie against IFAC, save in the case of fraud on its part.
7.4 Liability for damage caused by delay
7.4.1 IFAC is liable for damage occasioned by delay in the carriage by air of Passengers or their Baggage provided that IFAC shall not be liable for such damage if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
7.4.2 IFAC’s liability for damage caused to a Passenger by delay is limited to 4,694 SDRs.
7.5 Time Limit on Making Claims
7.5.1 The Passenger shall lose his or her right to damages if a claim is not brought within a period of two years, calculated from:
7.5.1.1 the date of arrival at the destination; or
7.5.1.2 the date on which the aircraft ought to have arrived; or
7.5.1.3 the date on which the carriage stopped,
and the method of calculating that period shall be determined by the law of the court hearing the case.
7.6 General Limitations
7.6.1 Passengers’ entitlement to compensation for loss or damage under these Conditions of Carriage shall not exceed their entitlement to compensation for proven loss or damage as set out in the Convention.
7.6.2 If IFAC proves that any damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, IFAC shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a Passenger compensation is claimed by a person other than the Passenger, IFAC shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that Passenger.
7.6.3 Subject to clause 7.6.4, in the event of a claim made against IFAC’s servants and agents, such servants and agents shall be entitled to invoke the same limits of liability that apply to IFAC under these Conditions of Carriage provided that they prove they acted within the scope of their employment, and the aggregate amounts recoverable from IFAC, its servants and agents in such case shall not exceed the said limits.
7.6.4 Clause 7.6.3 shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
7.6.5 IFAC shall not be liable for any loss or damage arising out of or in connection with its compliance with any applicable laws or regulations.
7.6.6 Nothing in these Conditions of Carriage shall be construed as a waiver by IFAC of:
7.6.6.1 any exclusion or limitation of liability to which IFAC is entitled under the Convention or any laws which may apply; or
7.6.6.2 any defence available to it under the Convention.
7.7 Regulations
7.7.1 Passengers must comply with the Regulations.
7.7.2 In the event of any apparent contradiction or confusion between the Regulations and the Terms of Charter, the Terms of Charter shall prevail to the extent necessary to resolve such contradiction or confusion.
