Your terms & conditions are outlined below. Please read through thoroughly your terms and conditions.
1.1 The terms set out in this agreement (“the Agreement”/”Terms”) in conjunction with an aircraft Operator’s General Terms and Conditions of Carriage (“GTCC”) constitute (“the Charter Agreement”,) and will apply to any aviation and general services (“Services”) booked by Shy Aviation Ltd (Company No 07802103) (“SHY”, "we", "us") for its clients (“Client”, "You", "Your") and all related data, content and other information.
1.2 This Agreement shall be deemed effective upon the Client accepting the Charter Agreement either by signing the Agreement, or confirming any Services by email, online at shyaviation.com or any other electronic confirmation.
1.3. Other Definitions
1.3.1 “Charter Price” means the price payable by a Client for the charter of an aircraft from an Operator, including SHY’s Services as set out in the Booking Confirmation and any relevant invoice. Unless otherwise confirmed in writing by SHY, the Charter Price shall not include (a) catering (unless otherwise advised by SHY), (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of the Booking levied by the Operator under its GTCC, including security costs, aviation insurance premiums, fuel increases, air passenger duty, airport charges or similar costs relating to the operation of the aircraft or any part thereof, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges
1.3.2 “Booking Confirmation” means the electronic confirmation provided by SHY once a Client has accepted the terms of a Charter Agreement.
1.3.3 “Additional Fees” means any cost, charges or expenses which rise out of the performance of the SHY Services or that of the Operator but falls outside of the scope of the Charter Price.
2.1 SHY is an air charter broker and only acts as an agent between its Clients and third-party aircraft operator (“Operator”). The Client/You appoint SHY as your agent for the proposes of booking Services subject to this Agreement.
2.2 SHY is a booking agent only and is not an airline operator, nor does itself operate, maintain, own or charter aircraft, is not a contracting, actual, direct or indirect carrier and does not provide air transportation services.
2.3 Each Operator has its own general terms and conditions of carriage (GTCC). The Client hereby irrevocably authorizes SHY to act as its agent for the Client and, accordingly, SHY will accept and execute the GTCC for and on behalf of the Client when confirming a booking with an Operator. The Client accepts that SHY is not itself a party to the GTCC and shall not bear any obligation or liability in relation thereto. The Operator’s GTCC are available for bookings on SHY Aviation’s Booking Platform or otherwise available on request.
2.4 You accept that SHY has no direct or indirect responsibility or liability whatsoever in connection with the performance and services by the Operator.
2.5 This Agreement shall be deemed effective upon the Client accepting the terms of this Agreement and the relevant Charter Agreement either by signing the Agreement, or confirming any Services by email or online at Shyaviation.com.
2.6 All Services remain subject to availability (including arising from aircraft, weather or operating conditions at the time of travel as necessary to fulfil the Services) and performance in accordance with the GTCC.
2.7 The Services are provided for the sole benefit of the Client (who must be aged over 18), unless expressly agreed otherwise. You shall comply with this Agreement at all times in connection with the Services.
2.8 The Client must provide to SHY, the following information for each passenger:
- Full name, birth date, nationality, gender, place of birth;
- Passport number, country of issue, expiry date;
- Any pre-existing medical conditions and fitness to travel;
- If travelling to/from US, Non US Registration details (if any) & Non- US residents: contact name, number, US address
2.9 The Client herby warrants and represents that:
- all information provided to SHY or the Operator is true, accurate, current and not misleading;
- the Services shall be used for legitimate purposes, in compliance with all applicable laws and regulations; and
- the Client has obtained all necessary approvals, consents and permissions from any relevant authority or third party.
- the Client is permitted by applicable law and has taken all requisite steps to permit SHY to execute the GTCC as its agent in accordance with clause 2.3. The Client shall enter into and execute any further documents as may be required to bring about such arrangements.
2.10 The Client accepts sole responsibility for maintaining adequate travel insurance, holding or maintaining necessary personal or travel documents (including passports, visas, health or other certificates) and for all luggage, relevant for departure from the country of origin, transit through any intermediate airports and entry into the country of destination.
2.11 The Client shall indemnify SHY for and hold it harmless from and against any loss or damage caused, incurred or suffered in connection with a breach of this clause 2 or any representation or warranty given hereunder being untrue, false or incorrect.
3.1 All sums payable to SHY pursuant to a confirmed booking, including the Charter Price and any Additional Fees, shall be due in full and payable without any set off or deduction.
3.2 Additional fees and charges may be applied by SHY or the Operator, including surcharges for payment methods.
3.3 SHY accepts bank transfers, debit or credit cards or any such digital payment systems as advertised on the Shyaviation.com booking platform. Your flight is not confirmed until SHY has received cleared funds via one of the accepted payment methods. Upon receipt of cleared funds you will receive a Booking Confirmation.
3.4 If the Client fails to make a payment due to SHY under this Agreement by the due date, then, without limiting SHY's other remedies under the Agreement, the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4 % a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
3.5 SHY shall be entitled to set off or withhold any amount owed to the Client under a Charter Agreement against any amount payable by the Client to SHY.
3.6 You are required to sign or accept the GTCC of the Operator SHY has selected to perform this charter on Your behalf.
3.7 For all USA, Canada, Central America, Caribbean, and South America flights, catering is an additional charge.
4.1 You must notify SHY in writing, immediately if you cancel or amend any Services in the Charter Agreement and accept that cancellation charges may apply.
4.2 In the event a Charter Agreement is amended or cancelled the cancellation fees shall apply as follow:
| Cancellation | Applicable Cancellation Fees |
|---|---|
| Less than 7 days (168 hrs) prior to scheduled departure time | 100% of Charter Price |
| Less than 14 days (336 hrs) but more than 7 days (168 hrs) prior to scheduled departure time | 75% of Charter Price |
| More than 14 days (336 hrs) prior to scheduled departure time | 50% of Charter Price |
| North and South America bookings | 100% of Charter Price |
4.3 In any case, if any Additional Fees are incurred by SHY, 100% cancelation fee may apply.
5.1 Each party warrants and represents that it has adopted and implements a privacy policy compliant with the requirements under the Data Protection Act 2018 in respect of all personal data provided to the other party in connection with the Services and follows UK GDPR (General Data Protection Regulation) practices. Without limitation, all necessary consents have been obtained by the Client from individuals for the purposes of performing the Services. The Client must comply with our Privacy Policy.
6.1 If any dispute arises between the Client and SHY in connection with this Agreement (“Dispute”), then the Client must notify SHY of the Dispute in writing (“Dispute Notice”) of the Dispute. The Dispute Notice must provide or be accompanied by full detailed particulars of the Dispute.
6.2 Within 14 days after the issue of a Dispute Notice, a representative (with the authority to resolve the Dispute) of the Client and SHY must attend a meeting to resolve the Dispute.
6.3 A party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of this clause 6 , provided that nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
6.4 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Charter Agreement.
6.5 The Client shall promptly notify SHY of any dispute arising out of or in connection with the Charter Agreement, giving full details of such dispute, such notice shall not however give rise to any liability to the Client on the part of SHY.
7.1 Neither Party shall be liable for any failure or delay to performance of obligations under this Agreement or the Charter Agreement if such failure or delay results from any cause that is beyond the reasonable control of that Party, or the Operator if relevant, including power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question, or the Operator.
7.2 In the event that any Party cannot perform their obligations hereunder as a result of force majeure for a continuous period of 30 days, the other Party may at its discretion terminate this Agreement by written notice at the end of that period.
8.1 SHY shall not be liable for any delay or failure to book or perform the Services.
8.2 The Client acknowledges that it has not relied on any representation, warranty or statement by SHY. To the extent permitted by law, SHY does not provide any warranty or guarantee as to quality or fitness for purpose, recommendations or advice regarding the Operator, the Services, or any related products or services. Any booking or decision shall remain the Client's decision in its absolute discretion.
8.3 To the extent permitted by law, SHY’s liability for breach of this Agreement or otherwise in connection with the Services and any implied warranty or condition that cannot be excluded, is restricted at the option of SHY to the re-supply of the Service or refund the Charter Price (in whole or in part, as the case may be).
8.4 SHY reserves the right to substitute any aircraft as requested by the Operator and at its discretion, without notice, for an aircraft of equivalent or superior capability to the one in the Booking Confirmation in instances where the original aircraft has become unavailable for whatever reason. In the event of a technical issue, SHY will act in the Client's best interests.
8.5 In no circumstances will either Party be liable for any consequential or indirect damages, loss of profits, or any other similar analogous loss resulting from the Services, whether based on warranty, contract, tort, negligence, in equity or any other legal theory.
8.6 The Client shall indemnify SHY for, and hold it harmless against any loss, damage, costs, expenses, liability, deduction, contribution, assessment or claim (including reasonable legal and preparation costs) arising in connection with:
- any breach of its obligations under the Charter Agreement;
- any third-party claims that may arise from the Services;
- any tax, penalty, fine or interest incurred or payable in connection with the Services or in consequence of breach of the Charter Agreement.
8.7 SHY may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from any payments due to be paid to it under the Charter Agreement.
8.8 Nothing in the Charter Agreement shall limit or exclude the liability of either Party for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
8.9 SHY does not offer any additional liability insurance to the Services.
9.1 Shy may terminate this Agreement at any time if the Client:
- has not remedied a breach after reasonable notice;
- has committed a breach incapable of remedy;
- is insolvent, bankrupt or incapable of paying its debts,
- has a controller, receiver or administrator appointed,
- the Client’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Agreement or the Charter Agreement is in jeopardy.
9.2 Upon termination of this Agreement, the Client must pay for any outstanding fees and charges payable under this Agreement and the parties acknowledge that any accrued rights shall not be affected and shall survive as necessary for enforcement and discharge of such liabilities.
10.1 Confidentiality
- Each party undertakes that it shall not at any time during the Agreement and for a period of three years after termination of the Agreement, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the party, except as permitted by Clause 10.1(b).
- Each party may disclose the other party’s confidential information:
- to its employees, officers, representatives, contractors, subcontractors, advisers or Operator who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Clause 10.1; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement.
10.2 Interpretation. Headings are only for convenience and do not affect interpretation. A reference to legislation is to that legislation as amended, re-enacted or replaced, and its subordinate legislation. Mentioning anything in this Agreement after "including" or similar expressions, does not limit anything else that might be included.
10.3 Agreement This Agreement can only be amended, supplemented, or replaced, by another agreement executed by the parties in writing. Any clause or part-clause of this Agreement, which is or becomes invalid or unenforceable shall be deemed deleted to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
10.4 Waiver. Waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.5 Assignment. Shy may assign or subcontract its obligations under this Agreement. the Client may only assign or otherwise create an interest in their rights under this Agreement with the written consent of Shy.
10.6 Electronic communication. This Agreement is binding upon each party if executed digitally and conveyed by electronic communication, having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002. A counterpart, consent, notice or communication under this agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
10.7 Responsibility of parties. Each party must do anything reasonably necessary (including executing documents) to give full effect to this Agreement. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
10.8 Entire Agreement. This agreement constitutes the entire agreement between the parties. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
10.9 Relationship. The relationship of the parties to this agreement does not form any agency (except as to booking with Operators) joint venture, partnership, employment, or trust.
10.10 Third party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
10.11 Survival. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination [or expiry] of this Agreement.
10.12 Governing Law. This Agreement is governed by the laws of England & Wales. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
