(1)If the charter contract is signed more than fifteen days (including the fifteenth day) in advance of the date of first flight, the charter shall pay 30% of the total freight as down payment within three business days after signing the contract, and pay the remaining freight within three days before the date of first flight or on the date of first flight.
(2)If the charter contract is signed less than fifteen days (excluding the fifteenth day) in advance of the date of first flight, the charter shall pay full freight within three days before the date of first flight or on the date of first flight.
(3)If the charter contract is signed within three days (including the third day) before the date of first flight, the charter shall pay full freight before 16:00 of the business day before the date of first flight, and provide payment voucher.
(4) If the charter does not pay freight before canceling the scheduled flight, the charter shall pay cancellation fee to the carrier within three business days (including the third day) after signing the cancellation contract. If the charter fails to pay such cancellation fee on time, overdue penalty will be charged in accordance with the charter contract.
(5)If the charter fails to pay freight on time, it shall be deemed that the charter cancels the flight, and the carrier shall be entitled to charge the charter for any cancellation fee in accordance with the articles specified in the contract on change and cancellation of flights, and require the charter to pay penalty in accordance with the contract.
(6)The CHARTERER shall pay the overdue expense. In the event that any expenses remain unpaid after the due date, the CARRIER shall be entitled to collect overdue fine at 0.5% of the unpaid expense for every day in arrears, commencing on the first day of default.
(7)In case the CHARTERER can’t pay for the charter expense at the agreed time in the Contract due to special reasons, he/she shall request for a delayed payment to the CARRIER. With the consent of CARRIER, the CHARTERER shall provide CARRIER with the written Payment Commitment (see Appendix V for the template).
(1) Standard of exchange rate: conversion exchange rate of USD should be in accordance with the regulations in the carrier’s English version air charter transport contract template. As for other currencies, they should be converted in accordance with the exchange rate of the “exchange rate of the 1st of the month” on the month of the first flight period on the official website of China State Administration of Foreign Exchange;
(2) If the currency of air charter fee paid by the charter is inconsistent with the currency (USD, RMB) of carrier’s remittance account, then commission fee which is 1% of the total amount of air charter fee will be additionally charged;
(3) The charter should pay the air charter fee in accordance with the amount stipulated in the contract and all charges (such as commission charge) occurs during the air charter period should be undertaken by the charter;
Article 50 The invoice shall be mailed 3 workdays after the contract responsible person of the CARRIER has told its Finance and Accounting Department about the CHARTERER’s charter information. In case of any inconsistency between the invoice party and Contract party, the Contract party shall issue invoice description. In case of any inconsistency between charter Contract parties and charter expense payment party, the payment party shall provide the written description with payment party’s official seal for the charter expense to be paid. CARRIER can provide two invoice items: air ticket expense and charter expense.
包机退款流程： Refund Process
(1) Refund means when the charter expense paid to the CARRIER by the CHARTERER is more than that stipulated in the Contract, the CARRIER shall refund the additional expense to the CHARTERER.
(2) The additional expense shall be refunded within 5 workdays after the CHARTERER has provided all the refund materials.
(3) The refund material includes: CHARTERER payment note, payment description when there’s inconsistency between the contract parties and payment party, the original contract, newly signed contract, etc.
包机运输保险条款Terms of Insurance
Article 52 The CARRIER grants every passenger a free insurance of RMB2000,000 yuan/flight leg (see Appendix II). Provided that the CHARTERER proposes to increase the insurance amount, the CARRIER may assist but all expenses thus incurred shall be borne by the CHARTERER.
Upon the request of the CARRIER and Insurance Company, the CHARTERER shall provide detailed information on passengers taking charter flights no later than 16:00 on the day before the first day of flight so as to file an application for complimentary insurance. The CARRIER does not guarantee the complimentary insurance, provided that the CHARTERER fails to provide detailed passenger information or add or amend passenger list before taking off. The CHARTERER will be held responsible for all legal consequences arising therefrom.
包机空运价格条款Terms of Price
1、最低小时收费Article 54 Minimum hourly charge
2、进出港地面保障服务费Ground Service Fee for Arrivals and Departures
3、额外机组费 Additional Crew Fee
Time of Transport Capacity Confirmation Slip：As per the time when the Transport Capacity Resourcereceived the Transport Capacity Confirmation Slip delivered by the Call Center.
Time to operate：The takeoff time of the first segment as per the flight plan.
In event that the occurrence of domestic civil, civil and military and military airport urgent plan or domestic and international urgent plan coincides in a single multi-segment flight mission, the urgent charge shall be paid in a one-off manner on a “whichever is higher” basis;
In event that more than one urgent charge occur in a single multi-segment flight mission, the urgent charge shall be paid in a one-off manner on a “whichever is higher” basis.
5、特殊机场收费Special Airports Fees
Other fees, including communication fee, de-icing fee, hangar fee, special catering fee, oxygen cylinder fee, shall be paid by the CHARTERER according to the actual amount.
That the client specifies the flight date after postponing the original one shall be deemed as accumulated modification time.
That the client fails to clearly prescribe the flight date after postponing the original one shall be deemed as contract cancellation. After the Contract is cancelled, the client shall pay the cancellation fee under the terms of the Contract.
The CHARTERER shall pay the cancellation fee for the flight leg before the modification, in case the CHARTERER requests to modify the taking-off time or flight leg after the Contract is signed, and the proposed time does not comply with the time limit of application, resulting in the failure of the CARRIER's plan and the CHARTERER no longer implements the original flight leg.
Where the aircraft is unable to take off on the scheduled time due to the reasons arising from the CHARTERER, the following conditions shall apply:
(1) The CHARTERER shall be exempt from any expenses when the delay time of flight is 30 minutes (inclusive) from the scheduled departure time and the CHARTERER continues to take the follow-up flight; in case of the cancellation of follow-up flight, actual expenses thus incurred shall be borne by the CHARTERER;
(2) When the delay time of flight is more than 30 minutes (exclusive) from the scheduled departure time, the CHARTERER shall pay RMB 5,000 yuan per 30 minutes for the cost of delay. Delay time less than 30 minutes will be counted as 30 minutes. Relevant expenses (e.g. APU usage fee and flight crew service fee) occurred therefrom shall reimbursed by the CHARTERER.
(3) When the delay time of flight is more than 2 hours (exclusive) from the scheduled departure time without any notice of the new departure time from the CHARTERER, the CARRIER shall have the right to cancel the fight plan and charge the cancellation fee of 100% of the charter expense as well as any additional expenses incurred therefrom (e.g. ferry flight fee). Meanwhile, the CARRIER shall be exempted from liability for breach of Contract and the loss related to the CHARTERER.
(4) In case the CHARTERER refuses to pay relevant expenses, the CARRIER shall have the right to suspend the follow-up flight until such expenses are paid in full.
(5) “Scheduled Departure Time” is subject to the final confirmation stated in the Charter Flight Contract countersigned by the CHARTERER.
The CARRIER and CHARTERER shall be exempted from liability for failure to implement the scheduled flight mission in light of the impact of the event of force majeure (such as weather, natural disasters, wars and air traffic control). Both parties shall bear their respective liabilities according to losses due to force majeure;
The CARRIER shall be exempted from the liability for breach of Contract for failure to implement the scheduled flight mission in light of the reasons caused by the CHARTERER (such as passenger’s late arrival, inconsistent documentation, carrying any contraband). The CHARTERER shall assume any expenses arising from the said failure or breach of Contract;
Under the circumstance of performance failure such as the flight mission delay, change, or cancellation, etc. on a leg because of the Carrier (excluding the weather, flight ban, civil aviation guarantee, war, strike, military affairs, air control, and other inevitable subjects), the treatment principles are specified as follows. Otherwise, the Carrier will not assume any other responsibilities:
In case that the scheduled flight mission is failed because of the carrier, with the consent of the charter flight person, the carrier will try to give priority to arranging other air capacities of the Company to complete the flight mission according to “Airline Capacity Flight Principle” in which the charter flight amount will be settled according to the airplane type change settlement principle;
In case that the departure time surpasses the scheduled departure time because of the carrier and the charter flight is failed, and the delay time is from 3h (exclusive) to 24h (inclusive) but the flight mission is fulfilled, the carrier shall return RMB 10,000 Yuan to the charter flight person for the delayed leg;
In case that the departure time surpasses the scheduled departure time because of the carrier and the charter flight is failed, and the delay time surpasses 24h (exclusive) but the flight mission is fulfilled, the carrier shall return RMB 30,000 Yuan to the charter flight person for the delayed leg. Meanwhile, the carrier shall provide board and lodging, and ground traffic for passengers according to the local airport conditions and the service standards of carriers;
In case that the departure time surpasses the scheduled departure time because of the carrier and the charter flight is failed, and the charter flight person requires to cancel the delayed leg or related follow-up flight missions, the carrier shall not charge the cancellation fee against the charter flight person and meanwhile, return the full charge on the legs which are not executed to the charter flight person. The carrier shall assist the charter flight person in purchasing the airline ticket for the delayed leg or arrange other ground means of transportation to head for the first destination;
In case that the carrier fails to execute the scheduled flight mission and his airline capacity fails to satisfy the flight plan, the carrier shall assist the charter flight person in renting another airplane to execute the flight mission within a reasonable time, in which the charter flight amount shall be settled according to the price in the contract executed by and between the charter flight person and the carrier;
In case that the carrier fails to execute the scheduled flight mission but the charter flight person agrees to change the flight date, i.e. re-execute the flight mission within 30 days (including) upon the fail on the scheduled flight mission, with the charter flight amount more than or equal to that of the scheduled flight mission, the carrier shall not charge the change fee (including time and airline) to the charter flight person and offer preferential price of RMB 30,000 Yuan on the next full charter flight amount to the charter flight person.
本文关键词： 包机运输 空运包机
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