Stella Aviation
General Terms and Conditions of Air Charter Brokerage Services
1.Definitions
1.1 “Agreement”: Refers to these General Terms and Conditions, along with any Charter Contracts and annexes, governing the relationship between Stella Aviation and the Charterer.
1.2 “Charterer”: The individual or entity requesting and entering into a charter arrangement through Stella Aviation.
1.3 “Operator”: The certified air carrier responsible for providing and operating the Aircraft for the Charter Flight.
1.4 “Aircraft”: The specific aircraft chartered for the Flight Schedule as arranged by Stella Aviation.
1.5 “Flight Schedule”: The agreed-upon itinerary, including departure and arrival locations, dates, times, and any stopovers.
1.6 “Charter Price”: The total cost payable by the Charterer for the charter services as specified in the Charter Contract.
1.7 “Charter Contract”: The specific agreement detailing the terms of a particular charter flight between Stella Aviation and the Charterer.
2.Role of Stella Aviation
2.1 Intermediary Services: Stella Aviation acts solely as an air charter broker, facilitating charter arrangements between the Charterer and certified Operators. Stella Aviation does not own, maintain, or operate aircraft and does not provide air transportation services.
2.2 Operator Selection: Stella Aviation exercises due diligence in selecting Operators but does not bear responsibility for the Operator’s performance, operations, or compliance with applicable laws and regulations.
3.Booking and Payment
3.1 Quotation: Upon receiving a charter request, Stella Aviation will provide a non-binding quotation outlining the proposed Flight Schedule, Aircraft type, Charter Price, and any additional estimated costs.
3.2 Confirmation: To confirm a booking, the Charterer must sign the Charter Contract and remit the specified deposit or full payment as outlined therein.
3.3 Additional Costs: The Charter Price includes standard operational costs. Additional expenses such as de-icing, international permits, catering beyond standard offerings, and other unforeseen charges may arise. The Charterer agrees to reimburse such costs promptly upon invoicing.
3.4 Taxes and Fees: All prices are exclusive of applicable taxes, duties, or fees unless stated otherwise. The Charterer is responsible for any such charges.
4.Flight Operations
4.1 Operational Control: The Operator retains full operational control over the Aircraft, including decisions regarding safety, routing, and compliance with regulations. The Charterer acknowledges that the captain of the Aircraft has ultimate authority over the flight’s operation.
4.2 Schedule Changes: While efforts will be made to adhere to the agreed Flight Schedule, the Operator may adjust timings due to factors such as weather conditions, air traffic control restrictions, or technical issues. Stella Aviation will communicate any changes promptly.
4.3 Passenger Responsibilities: The Charterer must ensure that all passengers possess valid travel documents and comply with customs, immigration, and security requirements. Stella Aviation and the Operator are not liable for any issues arising from non-compliance.
5.Cancellations and Refunds
5.1 By the Charterer: Cancellation terms, including any applicable fees, will be specified in the Charter Contract. Typically, cancellations made closer to the departure date incur higher charges due to the difficulty of reallocating the Aircraft.
5.2 By Stella Aviation or the Operator: In rare circumstances, a flight may be canceled due to factors beyond control, such as Aircraft unavailability, safety concerns, or regulatory restrictions. In such cases, Stella Aviation will endeavor to provide an alternative solution or refund amounts paid for the canceled flight segment.
6.Liability and Indemnity
6.1 Limitation of Liability: Stella Aviation’s liability is limited to the arrangement of charter services. Stella Aviation is not liable for any act, omission, or default of the Operator or any third parties involved in the Charter Flight.
6.2 Indemnification: The Charterer agrees to indemnify and hold harmless Stella Aviation from any claims, damages, or losses arising from the Charterer’s breach of this Agreement or the actions of passengers under their booking.
7.Insurance
7.1 Operator’s Insurance: The Operator is required to maintain adequate insurance coverage, including passenger liability insurance, in compliance with applicable laws and industry standards.
7.2 Additional Coverage: If the Charterer requires additional insurance coverage, such arrangements must be made separately, and any associated costs will be borne by the Charterer.
8.Miscellaneous
8.1 Force Majeure: Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control, including but not limited to natural disasters, governmental actions, labor strikes, or emergencies.
8.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the courts of Nice (France). Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Nice (France).
8.3 Amendments: Any amendments or modifications to this Agreement must be made in writing and signed by authorized representatives of both parties.
8.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By engaging Stella Aviation’s services, the Charterer acknowledges and agrees to these General Terms and Conditions.