Northpoint Aviation
Northpoint Aviation
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Terms and Conditions North Point Aviation

1. Definitions

'Client' refers to the customer booking the service

'North Point Aviation' refers to the agent that books the Operator on behalf of the Client

'Operator' means the third-party airline Operator performing the flight

'Services' means the charter/ booking of an aircraft for a specific itinerary

'Charter Price' means the price payable for operating the itinerary

'Itinerary' means the schedule of the flight(s) including; departure airport, arrival airport, time and date

'Operator's Terms and Conditions' means the terms agreeable to which the aircraft is provided for to carry out the itinerary

'Aircraft' means the aircraft operated by an Operator to perform the Itinerary

'Authorised Agent' means a person/ corporation/ company / travel agent who is authorised to act as an agent on behalf of someone else

'Charter Agreement' means the terms pursuant to which the charter is confirmed

2. Booking Conditions

2.1 These Terms and Conditions shall apply to all charter contracts carried out by an Operator arranged by North Point Aviation acting on behalf of the Client.

2.2 The Client hereby appoints North Point Aviation as its agent for the purpose of sourcing and booking charters on its behalf, subject to these Terms and Conditions and the Terms and Conditions of the Operator.

2.3 North Point Aviation is a booking agent only and is not an airline Operator. For the avoidance of doubt, North Point Aviation is not a 'contracting carrier' for the purposes of the Montreal Convention 1999. North Point Aviation will rely on third party Operators to perform and operate flights.

3. Responsibilities

3.1 The Client herby warrants and represents that: (a) all information provided to North Point Aviation and to the Operator is true, accurate, current and not misleading; (b) the Services shall be used for legitimate purposes, in compliance with all applicable laws and regulations, and (c) the Client and all members within its party has obtained all necessary approvals, consents and permissions from any relevant authority or third party.

3.2 The Client hereby acknowledges and accepts that North Point Aviation has no responsibility or liability whatsoever in connection with the operations and/or performance of such Services by the Operator and that any claims arising out of the operations of the itinerary (including aircraft) must be directed to the Operator.

3.3 The Client hereby acknowledges and accepts that it will be solely responsible for arriving at the designated check-in point at the departure airport in adequate time, complying with the Operator's Terms and Conditions. In the event that the Client or a member of its party fails to arrive in adequate time or is denied boarding, North Point Aviation shall be under no liability whatsoever, nor shall it be under any obligation to make alternative travel arrangements for the Client, nor will the Client be entitled to any refund regardless of the reason for the failure.

3.4 Should the Client request North Point Aviation's assistance sourcing alternative travel arrangements, the Client will be liable to pay such additional charges for such alternative arrangements.

3.5 The Client hereby acknowledges that any Services offered are strictly subject to but not limited to; continued availability, slots, permits, parking, crew duty, crew availability, weather, airport opening hours, insurance and the pilot's sole discretion.

4. Travel restrictions and requirements

4.1 The Client hereby acknowledges and accepts that it is responsible for obtaining all required travel documents and ensuring that all members of its party (including pets) hold the necessary travel documents (including but not limited to passports, visas, health and other certificates) complying with all laws and regulations for departure from the country of origin, transit through any intermediate points and entry into the country of destination of the flight. The Client hereby agrees to indemnify North Point Aviation against any losses North Point Aviation may suffer if any passenger fails to hold the necessary travel documentation.

4.2 At least seven days before commencing the flight(s), the Client must provide North Point Aviation with the following information for each passenger travelling (a) full name, date of birth, passport number, expiry date, gender, nationality and place of birth (b) Any pre-existing medical conditions and fitness to travel (c) If travelling to/from the US, destination accommodation details, contact name, number, address and ESTA or Visa details.

4.3 Each passenger is allowed one piece of luggage, limited to 15kg, maximum luggage dimension is 30” (76cm) x 11” (27cm) x 19” (48cm). Unless agreed otherwise. Failure to comply with these requirements may result in the Operator refusing to transport luggage. The carriage of lithium ion/metal batteries is not permitted, unless specifically approved by the Operator.

4.4 The carriage of pets is strictly subject to the Operator's Terms and Conditions as well as those of the airport authorities. All pets need to have all necessary paperwork (including but not limited to; pet passport, tapeworm treatment carried out by a veterinarian, rabies vaccinations and the pet might need to be micro chipped).

4.5 The Client acknowledges that smoking is prohibited on all aircraft, unless the Operator agrees otherwise prior to departure.

4.6 Where an Operator makes North Point Aviation aware of a change to the itinerary, including but not limited to departure time, airport and aircraft, North Point Aviation shall endeavour to communicate such changes to the Client. However, North Point Aviation will not be liable under any circumstances in the event of failure to communicate these changes.

4.7 In the event that an aircraft is diverted from landing at its intended destination or is forced to return to base for whatever reason, North Point Aviation shall make reasonable endeavours to assist in sourcing a new aircraft. Any costs resulting from assisting such alternative transportation are to be paid by the Client.

4.8 In the event that (a) an aircraft is detained (including but not limited to aviation or airport authority, requisition, overflight, whether lawful or not) whereby the completion of the itinerary is impossible; or (b) the Operator becomes insolvent, enters into voluntary liquidation, North Point Aviation will make reasonable endeavours to try and source an alternative Operator to perform the itinerary and/or parts thereof at similar cost. In the event that North Point Aviation cannot source an alternative Operator at similar cost, the Client hereby agrees to settle the difference or cancel the itinerary.

4.9 The Client hereby agrees and accepts that North Point Aviation reserves the right to substitute any aircraft at its sole discretion, without notice, for an aircraft of equivalent or superior capability to the one booked in the event of a technical issue or for whatever reason.

4.10 The Client hereby agrees to indemnify North Point Aviation for any loss or damage caused, incurred or suffered as a result of the Client's breach.

5. Charter Price, Additional Fees, Invoicing & Payment

5.1 The Client must pay without deduction the Charter Price for the Services specified, in accordance with these Terms and Conditions.

5.2 Acceptance of the Services shall be deemed effective upon signature of the Charter Agreement (sometimes referred to as the 'Charter' or 'Quote') and/or confirmation that the Client wishes to proceed with the Service and/or has read and agreed to these Terms and Conditions or someone acting in good faith on behalf of the Client has confirmed this via email, WhatsApp, text message or over the phone to North Point Aviation.

5.3 A deposit of no less than 25% and/or an agreed amount by both parties and/or other deposit required by the Operator whichever is the greater is due, up to 30 days prior to departure. 100% of the Charter Price is due for flight(s) commencing less than 30 days from the date of request. The total balance is due no less than 30 days prior todeparture.

5.4 In the event that the balance is not received by North Point Aviation in compliance with these Terms and Conditions, North Point Aviation can at its absolute discretion cancel the booking and may refund deposits received less 25% of the Charter Price, excluding any costs incurred including but not limited to; card fees and the Operator's cancellation fees set out in the Operator's Terms and Conditions.

5.5 Additional fees and charges may be applied by North Point Aviation or the Operator, including but not limited to; surcharges for payment methods, changes to the itinerary, information provided by the Client, aircraft de-icing, aircraft re-positioning, fuel surcharges, Wi-Fi, VIP lounges, insurance costs, additional crew requirements, third party and regulatory charges, catering, in-flight services, airport or security taxes, airport extensions, additional passengers, Luxury tax, and duties. Furthermore, the Client hereby acknowledges and accepts that these costs may be expensive. For example, certain Operators charge 6,000 USD per hour for the use of Wi-Fi.

5.6 The Client warrants and represents that there are sufficient funds on any credit or debit card registered with North Point Aviation for the payment of all fees and charges under this Agreement.

5.7 If any amount due remains unpaid, North Point Aviation may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate applicable as if it were a qualifying debt under the Late Payment of Commercial Debts (Interest) act 1998.

5.8 North Point Aviation will render a valid tax invoice on request for all payments due under this Agreement.

5.9 Unless expressly stated otherwise, all amounts payable under this Agreement are exempt from or inclusive of VAT. The recipient of any service to which VAT is applied shall be entitled a valid VAT invoice.

6. Authorised Agent

6.1 North Point Aviation is hereby appointed to act as an agent on behalf of the Client and/ or on behalf of the corporation for which the Client is acting for and/or an Authorised agent acting on behalf of a client and/or operator.

6.2 If the Client is acting as an agent for another party it hereby acknowledges and confirms that it is acting in good faith as an Authorised Agent on behalf of a third party with full authority to make decisions on its behalf, including but not limited to; accepting a Charter and changing the itinerary which may result in additional costs.

6.3 North Point Aviation shall have no liability whatsoever to a third part arising out of or in any way connected to an Authorised Agent's failure to comply with these Terms and Conditions (including but not limited to; payment, passenger details or passing on of information). The third party's sole recourse shall be against the Authorised Agent.

7. Cancellation and Refunds

7.1 The Client must notify North Point Aviation in writing immediately if it wishes to cancel or amend any Services and it accepts that cancellation charges may apply.

7.2 In the event of cancellation of the Services or termination of the Agreement, subject to any consumer law that cannot be excluded and recovery under the Operator Terms, North Point Aviation may determine at its absolute discretion whether to refund any advance payment for Services (which shall exclude any costs that are not reimbursed by third parties). Without limitation, North Point Aviation may refund a percentage of the price upon cancellation.

7.3 The following cancellation charges will apply whenever accepting a Charter, as per clause 5.2 of these Terms and Conditions and shall be payable within five days of receipt of North Point Aviation's invoice, unless otherwise agreed.

20% Of the total charter with immediate effect
50% Of the total Charter Price if cancelled less than 14 days prior to departure
75% Of the total Charter Price if cancelled less than 7 days prior to departure
100% Of the total Charter Price if cancelled less than 72 hours prior to departure or no show.

8. Data Privacy

8.1 Each party warrants and represents that it has adopted and implemented a privacy policy compliant with the requirements under the Data Protection Act 1998 in respect of all personal data provided to the other party in connection with the Services. Compliance with North Point Aviation's Privacy Policy is mandatory.

9. Dispute Resolution

9.1 If any dispute arises between North Point Aviation and the Client in connection with this Agreement ('Dispute'), then either party may notify the other of the Dispute with a notice ('Dispute Notice') that must provide or be accompanied by full detailed particulars of the Dispute.

9.2 Within 14 days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) between North Point Aviation and the Client must meet to attempt to resolve the Dispute.

9.3 A party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

9.4 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Agreement.

10. Force Majeure

10.1 Neither party shall be liable for any failure or delay in performance of their obligations under this Agreement resulting from any cause that is beyond reasonable control of the parties, including but not limited to; power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, winds, snow, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

10.2 In the event that any party cannot perform its 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.

11. Liability

11.1 For the avoidance of doubt, these Terms and Conditions do not constitute a contract for carriage by air. Performance of flights is always subject to the relevant Terms and Conditions of the Operator performing the flight(s).

11.2 The Client accepts full responsibility for the conduct of all members (including pets and children) within its party and is liable for any damages. North Point Aviation and the Operator reserve the right to seek compensation for all damages.

11.3 North Point Aviation shall be under no obligation to the Client or to any otherpassenger in respect of the Itinerary or cancellation of an Itinerary by the Operator (regardless of the reason) and the Client hereby acknowledges that in any such event they shall only have recourse against the Operator.

11.4 The Client hereby accepts and acknowledges that North Point Aviation shall have no liability for any failure by North Point Aviation to perform its obligations under these Terms and Conditions arising from any reason beyond North Point Aviation's control, including recommendations, representation or force majeure, which shall include but is not limited to labour disputes, strikes or lock-outs.

11.5 The Client hereby agrees to indemnify North Point Aviation and keep North Point Aviation indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs) demanded or sought by any of its passengers travelling in connection with the operation of the Aircraft or Itinerary howsoever arising. Furthermore, the Client hereby holds North Point Aviation indemnified against any loss of profits, or any other similar loss resulting from the Services, whether based on warranty, contract, tort, negligence, in equity or any other legal theory.

11.6 North Point Aviation 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 this Agreement.

11.7 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.

12. Termination

12.1 North Point Aviation may terminate this Agreement at any time. Either party may terminate immediately by giving the other party seven days (or any shorter period before departure) written notice if the other party: (a) Has not remedied a breach after reasonable notice; (b) Has committed a breach incapable of remedy; (c) Is insolvent, bankrupt or incapable of paying its debts, or (d) Has a controller, receiver or administrator appointed.

12.2 Upon termination of the Agreement, the Client hereby accepts to 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.

13. General

13.1 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.

13.2 Agreement: This Agreement can only be amended, supplemented, or replaced, by another agreement executed by the parties. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

13.3 Assignment: North Point Aviation may assign or subcontract its obligations under this Agreement. The Client may only assign or otherwise create an interest under this Agreement with the written consent of North Point Aviation.

13.4 Electronic communication: This Agreement remains 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.

13.5 Responsibility of parties: Each party must do everything 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.

13.6 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.

13.7 Third party rights: A person who is not a party to this Agreement has no rights 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.

13.8 Governing Law: This Agreement is governed by the laws of England & Wales. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.