Terms & Conditions

1. Governmental Approval
Authorization is granted by the Canadian Transportation Agency. Performance of the flight(s) agreed upon the present Air Charter Agreement, including any amendments, is made subject to the following terms;
2. Aircraft
a)  Air West Charters, hereafter referred to as “The Carrier” will provide an airworthy aircraft, properly crewed, equipped and fueled for performance of the flight(s) under the present Air Charter Agreement.
b)  The Carrier may substitute alternate carriers or aircraft suitable for the transportation provided for in this Air Charter Agreement as required due to unforeseen aircraft availability.
c)  The Carrier reserves the right to adjust the charter price in the event of Governmental Authorities imposing new taxes or fees and/or increasing existing taxes and fees directly connected with the flight transportation and for changes in the fuel price implemented after the date of issue of the Air Charter Agreement.
d)  The Carrier reserves the right to adjust the charter price due to any change of rate of exchange from the date of signature until the completion of the Air Charter Agreement. Payment must be made in conformity with the rules and regulations of all governments concerned and must be accompanied by authorization necessary for conversion and transfer of such currencies as may be required by the client. Any refund by the Carrier under this Air Charter Agreement shall be made in Candian Dollars.
f)   All handling of aircraft, ramp fees including de-icing charges and airspace fees will be to the expense of the client.
g)  Extensions to the quoted flight hours due to poor weather conditions or by delays at high density airports or any delays caused by unforeseeable circumstances will charged to the client.
3. Cancellation
a)  The client shall pay Air West Charters 25% of the total quoted price in the event that the cancellation occurs within 48 hours of the agreed departure time of the flight or series of flights, and 50% if the cancellation occurs within 24 hours.
b) Notwithstanding the foregoing, the charter client acknowledges and agrees that should Air West Charters be required to use the services of a sub charterer, the cancellation terms of the sub charterer shall take precedence of the terms and conditions of this Air Charter Agreement.
4.  Price and Payment
a)  The quoted price is an estimate. Actuals will be charged at the time of invoicing.
b)  Special requests such as ground transportation, or any other special requests will be to the client’s expense.
c)  All handling of aircraft, ramp fees including de-icing charges and airspace fees will be to the expense of the client.
d) The Carrier, at its discretion, may elect to charge an aircraft holding fee of 30% of the hourly aircraft rate for any layover time in excess of 3 hours.
5. Utilization of the Aircraft
a)  The client is not entitled to assign his rights or sublet under this Air Charter Agreement, partly or in full, without the express permission in writing of the Carrier.
b)  The Carrier is entitled to utilize any unused part of the chartered space and/or payload without any refund to the client.
c)  All empty leg flights stipulated in the present Air Charter Agreement as well as all empty leg flights in connection with performance of the flight(s) agreed upon in this Air Charter Agreement is at the exclusive disposal of the Carrier.
6.  Force Majeure
a)  The Carrier may cancel or delay charter flight(s) under this Air Charter Agreement without being liable to pay any cancellation fee or compensation whatsoever in the event that the charter flight(s) cannot be performed or completed due to any cause beyond our control, including, civil commotion, war or warlike operations or imminence thereof, riots, civil war, blockade, embargo, act or omissions of governmental authorities including all civil aviation authorities, acts of God, fire, flood, fog, frost ice, storms, epidemics, earthquake, hurricane, or any similar catastrophic event.
b)  Quarantine, hijacking, requisition of aircraft by Public Authorities, breakdown or accident to aircraft, or if the safety of passengers and/or property is deemed by the aircraft captain or the Carrier’s operational supervisors to be in jeopardy. In case of such cancellations the Carrier shall be under no obligation or liability to the client beyond refund of the agreed charter price for such cancelled flight, or in case of cancellation of part of charter flight such part of the charter price relating to cancelled part of the flight.
7.  Diversions
a)  The Carrier may at the reasonable discretion of the aircraft captain or the Carrier’s operational supervisors divert, postpone or delay any charter flight. The Carrier assumes no obligations to operate over any particular route or routes, and the Carrier is hereby authorized within reasonable limits to select the routes to be flown over or deviate there from notwithstanding that that the same may be specified in this Air Charter Agreement.
b)  If the Carrier is unable to perform or complete any flight, journey or service contemplated hereby, the Carrier shall be under no obligation or liability to the client beyond such refund of the charter price as provided in the executed charter quote agreement or uncompleted segment(s) thereof for any multi-leg charter flight.
c)  The Carrier shall, however, endeavor to find alternative or equivalent transportation for the remainder of the journey, the Carrier being allowed a reasonable time to complete the journey with the original aircraft. Reasonable lay-over expenses, i.e. expenses for hotel accommodation and/or meals and/or ground transportation for passengers or cargo, warehouse dues, rent etc. arising en-route as a result of the cancellation or delay of a charter flight, shall be absorbed by the client.
d)  Any additional unforeseen costs arising after the arrival, scheduled or delayed, at the destination, shall be on the account of the client.
8.  Conditions of Carriage
a)  The Carrier is not liable for loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
b)  Client shall indemnify the Carrier, its employees and agents against all claims, expenses and costs, including legal costs, in respect of any liability to third parties for any damage whatsoever arising out of any act or omission on the part of the client, passengers and shippers, resulting in liability of the Carrier, its employees or agents.
9.  Acceptance of Load
a)  The client shall ensure that each passenger is in normal health, capable of undertaking the flight contemplated and that passengers are in possession of all documents etc. enabling them to comply with all formalities, regulations etc. whatsoever and whosesoever both in respect of themselves and their baggage, and the client is responsible for all dues and charges in this connection.
b) The carriage of oversized luggage shall be at the discretion of the aircraft captain.
c)  The client ensures that the passengers’ baggage does not contain anything of a hazardous nature or of a nature prohibited by any country or state involved and that the passengers are not accompanied by animals of any kind.
d)  If the Carrier is fined or has to meet expenses etc. due to noncompliance on the part of the client, passengers or shippers with all formalities or regulations etc. under which the air transportation is performed, the client shall indemnify the Carrier for all such fines, expenses etc. and additional costs.
e)  Cannabis is and will remain ILLEGAL federally in the United States.  Individual states have legalized it, but federally it will continue to be illegal. It is ILLEGAL to transport Cannabis/Marijuana across ANY International or state border whether you are landing in a legal state or country or not.