Sandbanks Jets Limited

General Terms of Air Charter Agreement

(A) This agreement (the “General Terms and Conditions”) sets out the general terms and conditions for the supply of air charter brokerage services and related services by Sandbanks Jets to the Charterer.

(B) The provisions of these General Terms and Conditions will be incorporated into each Charter Contract (as defined herein) in their entirety, unless otherwise stated.

(C) In the event of any conflict between the terms of any Charter Contract and the General Terms and Conditions, the terms of the Charter Contract shall prevail.

1. Definitions

• Agreement means the contract between the Charterer and Sandbanks Jets for the provision of air charter brokerage services by Sandbanks Jets, comprising these General Terms and Conditions, all Charter Contracts, and any annexes or schedules attached thereto.

• Aircraft means the aircraft (or an appropriate substitute) operated in connection with a Flight.

• Carrier means any commercial air carrier or aircraft operator selected to provide the Aircraft for the duration of the charter.

• Charter means the chartering of the Aircraft by the Charterer as arranged by Sandbanks Jets in accordance with the terms of this Agreement.

• Charter Price means the amount payable for the Charter as specified in the Charter Contract.

• Charter Contract means the document setting out the charter details, substantially in the form of the Schedule attached to this Agreement.

• Check-in Time means the time or times specified in the Charter Contract or otherwise notified to the Charterer by Sandbanks Jets.

• Departure Time means the scheduled departure time of the Flight(s) as set forth in the Charter Contract.

• De-icing is the process of removing snow, ice or frost from a surface. De-icing involves the application of chemicals that not only de-ice but also remain on a surface and continue to delay the reformation of ice for a certain period of time or prevent adhesion of ice to make mechanical removal easier.

  De-icing fluid, a mixture of a chemical called glycol and water, is generally heated and sprayed under pressure to remove ice and snow on the aircraft.

• Flight means the flight described in each Charter Contract.

• Force Majeure means any circumstance beyond the reasonable control of a party, including but not limited to acts of God, explosions, revolutions, acts of terrorism, hijacking, insurrection, riots, civil unrest, war, national or local emergencies, governmental acts, lock-outs, strikes, industrial disputes or actions, fire, lightning, flooding, embargoes, quarantine, requisition of aircraft or cargo, acts or omissions by third parties, and extreme weather conditions; accidents involving or failure of the Aircraft, its engines, or any component thereof, or any related equipment, systems, or machinery used in connection with the operation of the Flight.

• Operator means the operator of the Aircraft providing the Flights to the Charterer.

• Traffic Documents means all passenger tickets, baggage checks, air waybills, and any other documentation required under applicable international conventions or other relevant laws.

2. Services Provided by Sandbanks Jets

2.1 Sandbanks Jets agrees to act as a charter broker, arranging aircraft charter services for the Charterer in accordance with the terms, conditions, and requirements set out in this Agreement. It does not own, operate, or maintain aircraft. It does so solely subject to and upon these terms and conditions to the exclusion of any other terms provided by or on Your behalf which shall have no effect. Once confirmed, your booking concludes a contract for carriage between You and the Operator. The Charterer authorises Sandbanks Jets to act as their agent for making the booking on its behalf. You agree to release and indemnify and hold harmless Sandbanks Jets from and against all and any claims, costs, demands or other liability howsoever arising in respect of any such Services.

2.2 Sandbanks Jets will be responsible for sourcing a suitable aircraft from the Carrier that meets the Charterer's specifications for the intended charter.

2.3 The Charterer acknowledges that all carriage will be performed by the Carrier, who will retain sole responsibility for the operation and maintenance of the Aircraft throughout the charter period. As Sandbanks Jets has no authorisation from the Carrier, the crew shall be considered the employees and agents of the Carrier, and shall follow the instructions of the Carrier only, unless the Carrier expressly agrees otherwise in writing.

2.4 Sandbanks Jets shall ensure that the Carrier provides an Aircraft that is adequately crewed, maintained, equipped, and fuelled for the charter, in full compliance with the laws and regulations of the Aircraft’s state of registration as well as all other applicable legal and regulatory requirements.

2.5 All carriage performed by the Carrier shall be subject to the Carrier’s own conditions of carriage, as set out or referenced in its Traffic Documents, which may be updated from time to time and all applicable law, including International Conventions.

2.6 Sandbanks Jets arranges aircraft charter services on behalf of the Charterer and does not provide Package Travel or Linked Travel Arrangements.

2.7 The Charterer acts in a business capacity and not as a consumer.

2.8 All Services are subject to availability and may be affected by weather, aircraft readiness, or operational factors beyond the reasonable control of Sandbanks Jets and/or the Operator (“Force Majeure”).

2.9 Services are for Clients aged 18+ unless otherwise agreed.

2.10 The Client must provide accurate passenger information and warrants its truthfulness, legal compliance, and appropriateness for travel. Last-minute manifest changes may lead to delays or cancellations due to CAA GAR regulations.

2.11 Clients are responsible for:

• Travel insurance

• Travel documents (e.g. passports, visas)

• Luggage handling

2.12 The Client indemnifies Sandbanks Jets from and against all claims and loss arising from false information or non-compliance by the Operator.

3. Charter Price

3.1 The Charter Price will be stated in the Charter Contract and, unless expressly stated otherwise, shall include costs for fuel, oil, maintenance, landing fees, security charges, per capita head fees, air traffic control, parking, ground handling, all applicable license and clearance fees, royalties, non-objection fees, baggage screening charges, as well as the remuneration and expenses of the Carrier’s flight and cabin crew.

3.2 Any additional costs not expressly included in Clause 3.1 shall be borne exclusively by the Charterer. These costs include, but are not limited to, aircraft de-icing, hangarage, aircraft diversions (except where caused by technical issues), passenger use of satellite communications, onboard Wi-Fi and other media or communication services, transport to and from airports, ground accommodation, and any non-standard catering services, unless otherwise specified in the Charter Contract.

3.3 The Charter Price is calculated based on the cost of aviation fuel and other variable expenses as of the date of the Charter Contract. As such, the Charter Price may be subject to additional surcharges imposed by the Carrier due to fluctuations in fuel prices, insurance premiums, or currency exchange rates.

3.4 The Charter Price and all other amounts payable under this Agreement are exclusive of any applicable value-added tax (VAT) or sales tax. Such taxes shall be paid by the Charterer in addition, at the prevailing statutory rate.

3.5 Your Aircraft may require de-icing and as this cannot be predicted this is not included in the quote and may be an additional cost to you as the Charterer, unless it has otherwise been agreed by Sandbanks Jets in writing.

Sometimes, when possible, the operator may suggest parking the aircraft in a hangar where available with the extra cost vs estimated de-icing cost. Where applicable this cost will be added to Your account. Some operators offer de-icing insurance which can be added to the cost of your Charter if requested.

4. Payment

4.1 The Charterer shall pay Sandbanks Jets the Charter Price, along with any other amounts specified in the Charter Contract, in full, by the deadline and in the currency stated in the Charter Contract. All payments shall be made without any set-off, deduction, or counterclaim. Failure to make payments shall be regarded as a breach by the Client and a termination event.

4.2 If the Charterer requests any additional services beyond those outlined in the Charter Contract, and Sandbanks Jets agrees to provide them, such services shall be invoiced separately. The terms of payment for these additional services will be as specified on the relevant invoice.

4.3 If the Charterer is legally required to withhold or deduct any amount from a payment due to Sandbanks Jets under this Agreement, the Charterer must pay an additional amount so that, after such withholding or deduction, Sandbanks Jets receives the full amount that would have been payable had no withholding or deduction been required.

4.4 Time is of the essence with respect to all payments under this Agreement. If the Charterer fails to make any payment by the due date, Sandbanks Jets shall have the right, without prejudice to any other legal rights or remedies, to terminate this Agreement without any liability to the Charterer. In such event, Sandbanks Jets shall also be entitled to recover from the Charterer any cancellation charges or penalties imposed by the Carrier.

4.5 If any payment due to Sandbanks Jets under this Agreement is not received by the due date (and without prejudice to Clause 4.3), the Charterer shall pay simple interest on the overdue amount at a rate of 8% per annum above the prevailing base rate of National Westminster Bank. Interest shall accrue from the due date until the date full payment is received.

5. Traffic Documents and Embarkation

5.1 Sandbanks Jets shall ensure that the Carrier provides all necessary Traffic Documents and any other documentation required for the carriage undertaken pursuant to this Agreement. The Charterer agrees to promptly provide Sandbanks Jets with all information and assistance needed to complete these documents, as soon as possible after execution of this Agreement and, in any event, in sufficient time for them to be issued to passengers prior to departure.

5.2 All Flights arranged under this Agreement are subject to the granting and ongoing validity of:
(i) the Carrier’s air transport licence issued by the relevant regulatory authority; and
(ii) any additional licences, permits, or registrations required for operation of the Flight, whether under the laws or regulations of the Aircraft’s state of registration or any other jurisdiction through, to, or from which the Aircraft will operate during the Flight.

5.3 The Charterer is responsible for ensuring that all passengers, their baggage, and any cargo are present at the designated check-in location at the departure airport no later than the agreed Check-in Time. The Charterer must also ensure that all passengers possess the necessary Traffic Documents, valid passports, visas, identity documentation, and any other authorisations required by the Carrier and by the authorities in the countries of departure, transit, and arrival for themselves, their baggage, and any cargo.

5.4 If any passenger fails to arrive in time for the scheduled Flight (regardless of any efforts by Sandbanks Jets to re-arrange the Flight under Clause 6.2), neither Sandbanks Jets nor the Carrier shall bear any liability to the Charterer or the affected passenger. If the Carrier, at its sole discretion, arranges alternate transport for the passenger, the Charterer shall, upon demand, reimburse Sandbanks Jets for any additional charges imposed by the Carrier in connection with such arrangements.

5.5 Should any passenger be refused entry at a destination airport, the Charterer shall fully indemnify and hold harmless Sandbanks Jets, its officers, employees, and agents against any and all costs, expenses, charges, fees, penalties, or liabilities incurred as a result. This includes, but is not limited to, any sums levied against the Carrier and passed on to Sandbanks Jets, or costs related to arranging the return transportation of the affected passenger to their original point of departure.

6. Flight Cancellation and Delay

6.1 In any of the following circumstances:

6.1.1 the Aircraft required for a Flight is detained by any third party—whether lawfully or unlawfully—including, but not limited to, detention by an aviation or airport authority, overflight authority, or by way of lien, requisition for hire, or otherwise; or
6.1.2 the Carrier has an administrator, receiver, administrative receiver, trustee, or similar officer appointed over part or all of its business or assets, and, as a result, is unable to operate the Flight at the originally agreed cost; or
6.1.3 If the Carrier becomes insolvent, enters into voluntary liquidation, or is subject to compulsory winding-up, then Sandbanks Jets will use reasonable endeavours to arrange an alternative carrier to perform the affected Flight(s). Any additional costs incurred in sourcing a replacement carrier shall be borne by the Charterer.

6.2 If a Flight is delayed beyond the scheduled departure time due to any act, omission, or failure by the Charterer or any passenger to meet their obligations under this Agreement (other than delays caused by Force Majeure or circumstances beyond the Charterer’s or passenger’s control), Sandbanks Jets shall use reasonable endeavours to coordinate with the Carrier to re-schedule the affected Flight. The Charterer shall indemnify Sandbanks Jets for any losses or additional charges incurred as a result of such delay.

6.3 If Sandbanks Jets is unable to successfully re-schedule the affected Flight in accordance with Clause 6.2, it reserves the right to cancel the Charter Agreement in respect of that Flight. In such cases, Sandbanks Jets shall be entitled to charge the Charterer the applicable cancellation charges specified in the Charter Contract.

6.4 In the event of any delay (other than a delay due to technical reasons, for which responsibility lies solely with the Carrier), deviation, or diversion of a Flight, the Charterer shall be solely responsible for all related expenses. These include, without limitation, the cost of accommodation, meals, refreshments, transportation, or any other additional costs, expenses, losses, damages, or liabilities incurred in respect of the Charterer’s passengers, regardless of how or where they arise. Any such costs incurred by the Carrier shall be reimbursed by the Charterer to Sandbanks Jets upon demand.

6.5 The Charterer may cancel a Flight at any time before departure by providing written notice to Sandbanks Jets, subject to the cancellation terms outlined in the Charter Contract.

6.6 Cancellation charges may vary depending on the Carrier and the specific Flight(s) scheduled. While Sandbanks Jets will use reasonable efforts to minimise any cancellation charges levied by the Carrier, the Charterer acknowledges that these charges will be passed on by Sandbanks Jets in the event of a Charterer-initiated cancellation. Accordingly, the cancellation charges payable by the Charterer represent a genuine pre-estimate of the loss Sandbanks Jets will suffer and do not constitute a penalty.

Cancellations or amendments must be submitted in writing. Charges apply as follows:

• Upon signing the contact - 30%

• 14 days - 72 hours prior to departure – 50%

• 72 hours prior to departure (incl. “no show”) – 100%

• Flights identified as 'Empty Legs' will be subject to a 100% cancellation fee from booking

7. Aircraft and Crew

7.1 The captain of the Aircraft shall have absolute discretion over all operational matters relating to the Flight. This includes, but is not limited to, decisions regarding the preparation and distribution of the load, the fitness of the Aircraft for flight, whether or not a Flight should be undertaken or continued, any deviations from the planned route, and the selection of landing locations. The Charterer agrees to accept all such decisions of the captain as final and binding.

7.2 All ground staff, flight crew, and cabin personnel are authorised to receive instructions solely from the Carrier, unless the Carrier has provided prior written consent allowing such personnel to accept clearly defined instructions from the Charterer.

7.3 Subject to the Carrier’s conditions of carriage, if the captain determines that a passenger’s behaviour, conduct, or health poses, or is likely to pose, a risk to the safety of the Aircraft or passengers or causes or may cause disruption or discomfort to others, the captain shall have full authority to take any necessary actions. These may include, but are not limited to, diverting the Aircraft, returning to the departure airport, or removing the passenger(s) from the flight. In such circumstances, the Charterer shall fully indemnify Sandbanks Jets for any losses, costs, or expenses incurred as a result of the diversion and/or passenger removal.

7.4 The Charterer shall use and occupy the Aircraft in a respectful manner and shall ensure that all passengers comply with this obligation. The Charterer shall not permit any act or omission that may cause damage to the Aircraft, its interior, furnishings, equipment, or exterior. The Client shall be fully liable for any loss, damage, or deterioration to the Aircraft, as well as for any additional cleaning, repairs, or maintenance required beyond normal wear and tear, arising from the actions or omissions of the Charterer or the Charterer’s passengers. Any such costs shall be payable by the Charterer upon demand of the Carrier and may include, without limitation, cleaning fees, and repair costs. 

8. Exclusion of Liability

8.1 Neither Sandbanks Jets nor the Charterer shall be liable to the other for any failure or delay in the performance of their respective obligations under this Agreement where such failure or delay arises as a result of Force Majeure force majeure (as defined above).

8.2 The Charterer agrees to fully indemnify and hold harmless Sandbanks Jets, its directors, officers, employees, agents, and subcontractors from and against any and all losses, damages, liabilities, costs, or expenses of any nature whatsoever, which may be suffered or incurred by Sandbanks Jets as a result of any act or omission of the Charterer, its officers, employees, or agents, whether arising in contract, tort (including negligence), or otherwise.

8.3 For the avoidance of doubt, Sandbanks Jets is not an air carrier, nor is it an operator of aircraft or an agent of the Carrier. Sandbanks Jets shall not be regarded as undertaking, whether directly or indirectly, the carriage of passengers or goods under this Agreement as a common carrier. In particular, Sandbanks Jets is not responsible for service failures by the Operator or any other issue arising in respect of the Services.

No representation, warranty or guarantees are made by Sandbanks Jets regarding the fitness or quality or provision of service. The Client unequivocally accepts this at the time of booking.

8.4 Any liability on the part of Sandbanks Jets is limited at its option to procuring the re-supply of the Service or refunding the Charter Price or part thereof if retained by Sandbanks Jets.

8.5 The Charterer expressly acknowledges and agrees that Sandbanks Jets shall not be held liable or responsible in any way for any act, omission, or default of the Carrier, or for any failure by the Carrier to perform its obligations under this Agreement. This includes, without limitation, any technical failure of the Aircraft that results in an accident, delay, or cancellation. The Charterer to the fullest extent permissible under applicable law, hereby releases and waives any and all claims it may have against Sandbanks Jets in respect of such Carrier-related failures, breaches, omissions or defaults, including negligence.

8.6 No additional insurance is provided by Sandbanks Jets Ltd. You will be covered by the insurances provided by the Operator which may be limited in scope and/or by applicable law, including international conventions. You may therefore wish to arrange your own private travel insurance at your cost.

9. Termination

9.1 Either party (the “Terminating Party”) may terminate this Agreement with immediate effect by giving written notice to the other party if:

9.1.1 the other party commits a material breach of this Agreement which is incapable of remedy; or, if the breach is capable of remedy, it is not remedied within a reasonable period specified by the Terminating Party in a written notice requiring rectification; or

9.1.2 the other party is, in the reasonable opinion of the Terminating Party, unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986, as if the words "if it is proved to the satisfaction of the court" were replaced with "if in the reasonable opinion of the Terminating Party"), or becomes the subject of a winding-up petition or resolution, or is subject to an administration order, or has a receiver, manager, administrative receiver or similar person appointed over all or any material part of its property, business or assets; or enters into a voluntary arrangement within the meaning of Section 253 of the Insolvency Act 1986; or becomes otherwise insolvent or unable to pay its debts; or any analogous event occurs under the laws of any relevant jurisdiction to which the other party is subject.

9.2 Termination of this Agreement shall be without prejudice to any rights, remedies, obligations, or liabilities that have accrued to either party prior to the effective date of termination. Following termination, neither party shall have any further obligation to perform under this Agreement, except for those obligations which are expressly stated to survive termination.

9.3 Notwithstanding any other provision of this Agreement, in the event of termination by Sandbanks Jets, and upon written request by the Charterer, Sandbanks Jets shall honour and shall use reasonable endeavours to ensure that each Carrier honours, any flights scheduled by the Charterer prior to the effective date of termination.

10. Miscellaneous

10.1 Any notice required or permitted to be given under this Agreement must be in writing and shall be deemed properly served if delivered by hand, sent by first-class post, email or transmitted by facsimile to the address of the relevant party as specified in this Agreement. A notice shall be deemed to have been served: (i) at the time of delivery if delivered by hand; (ii) on the next business day following the day of posting (excluding Sundays and public holidays) if sent by first-class post; and (iii) on the date of transmission if sent by facsimile.

10.2 This Agreement constitutes the entire agreement and understanding between the parties in relation to the charter of the Aircraft as described herein and supersedes all prior agreements, understandings, or arrangements, whether oral or written.

10.3 No person other than the parties to this Agreement shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

10.4 Each party acknowledges that it has not relied on any representation, warranty, or statement made by or on behalf of the other party that is not expressly set out or incorporated by reference in this Agreement.

10.5 No claim shall be made by the Charterer against Sandbanks Jets in respect of any representation, warranty, indemnity, or other assurance, except where such representation, warranty, or indemnity is expressly stated or incorporated in this Agreement.

10.6 No variation or amendment to this Agreement shall be valid unless made in writing and signed by authorised representatives of both parties.

10.7 The failure or delay by Sandbanks Jets in exercising any right, power, or privilege under this Agreement shall not operate as a waiver of such right, power, or privilege. Any single or partial exercise of any right, power, or privilege shall not preclude the further exercise of that or any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights or remedies available at law or in equity.

10.8 The Charterer may not assign or transfer the benefit of this Agreement, in whole or in part, without the prior written consent of Sandbanks Jets.

10.9 A waiver by either party of any breach or default under this Agreement shall not be construed as a waiver of any subsequent breach or default, whether of the same or a different provision. Furthermore, any delay or omission in exercising a right or remedy shall not constitute a waiver of that or any other right or remedy.

10.10 This Agreement shall be governed by and construed in accordance with the laws of England. The parties agree to submit to the exclusive jurisdiction of the English courts. Upon request from Sandbanks Jets, the Charterer shall provide an address within England and Wales for the purpose of service of legal process.

10.11 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

10.12 Data Privacy

Both parties agree to comply with the requirements of all applicable data protection laws (UK GDPR, Data Protection Act 2018, etc.).

10.13 Dangerous Goods

Transporting dangerous goods is strictly prohibited.

Clients are responsible for ensuring compliance. Sandbanks Jets reserves the right to deny carriage and report violations

10.14 Dispute Resolution

All disputes must first be submitted in writing.

Both parties must meet within 14 days to seek a resolution. If this is not successful, the parties shall pursue mediation adopting CEDR rules and a jointly-appointed mediator

Legal action cannot be pursued until this process is followed.

All other obligations must continue during dispute resolution.

Submitting a dispute does not imply liability for Sandbanks Jets.