Terms & Conditions
GLOBAL CHARTER LTD, 142 Cromwell Road, London, SW7 4EF
COMPANY NUMBER: 12386909
VAT NUMBER: 340462919
1 BACKGROUND
1.1 These Booking Conditions apply to all aviation and general services (“Services”) performed or procured by Global Charter Ltd (Company No. 12386909) (Global Charter, “we”, “us”) for its clients ("Client", “you”, “your”) (each a “Party” or “Parties”to this Agreement).
1.2 This Agreement shall be deemed effective upon the Client either signing the Charter Agreement or providing written confirmation of any Services to Global Charter, whether by email, SMS, WhatsApp, Telegram, iMessage, or any other written electronic communication.
1.3 Where the Client makes payment of the charter amount or any part thereof, whether by bank transfer, card, or cryptocurrency, such payment shall constitute confirmation of the Services and acceptance of this Agreement and Global Charter’s Terms and Conditions, which shall be deemed binding as of the date of payment.
2 BOOKING CONDITIONS
2.1 You hereby appoint and authorise us as your agent to make arrangements for the Services on your behalf, including entering into agreements on your behalf, and we accept such appointment on the Terms of this Agreement.
2.2 Client must promptly provide all such information and documents as we, the Operator or any relevant third party might reasonably require for delivery of the Services, including the following information and documents for you and each other passenger: (a) Full name, birth date, nationality, gender, place of birth; (b) Any necessary visa or travel documents; (c) Passport number, country of issue, expiry date; (d) Any pre-existing medical conditions and fitness to travel; (e) If travelling to/from US, Alien Registration details (if any) & Non-US residents: contact name, number, US address.
2.3 Client hereby warrants and represents that: (a) all information provided to Global Charter and/or the Operator or any relevant third party is true, accurate, up-to-date and not misleading; (b) the Services shall be used for legitimate purposes, in compliance with all applicable laws, sanctions and regulations, and (c) Client has obtained all necessary approvals, consents, and permissions from any relevant authority or third party for this Charter Agreement.
2.4 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. All passengers shall be responsible for ensuring they are sober, fit and able to travel and that they arrive in good time for any flight. If any passenger has any medical or other needs, then these must be communicated to Global Charter at the time of entering into the Charter Agreement.
2.5 Client hereby indemnifies Global Charter from and against any loss or damage caused, incurred or suffered in connection with a breach of this clause 2 or the Operator Terms, including due to the conduct of any passenger.
2.6 Client warrants that the signatory to this Agreement is duly authorised to enter into it and, where payment is made by a third-party cardholder, has the cardholder’s consent to authorise charges as set out herein.
3 FLIGHT OPERATIONS
3.1 Global Charter is a booking agent only and is not an airline or aircraft operator. Global Charter will use reasonable endeavours to procure third party operators (“Operators”) to perform the Services on your behalf. You hereby instruct us to enter into such agreements with an Operator or Operators as reasonably required to provide the Services. Global Charter shall use reasonable endeavours to select an operator that is legally able to perform the Services and to enter into agreements with Operators on their standard terms (“Operator Terms”). Global Charter has no responsibility or liability in connection with the performance, non-performance, acts or omissions of the Operator (or any other third party), including any change to or cancellation of the flights, arising from any act or omission by the Operator or by you (or any other passengers).
3.2 All Services are subject to the Operator Terms and are conditional upon availability of aircraft, airport slots, any necessary permits or other requirements, or weather or operating conditions at the time of travel.
3.3 The captain of the aircraft has absolute discretion concerning the load to be carried and its distribution, whether and when a flight should be undertaken, when the aircraft should be landed and whether or not to refuse to carry any passenger, baggage or cargo. Client undertakes to accept all decisions of the captain and to waive all claims against the Operator or Global Charter and their respective servants and agents for any loss, damage, costs or claims of whatsoever nature and howsoever arising whether in contract or tort or otherwise as a result of any such decision.
3.4 All ground and operating personnel including cabin staff are authorised to take orders only from the Operator unless specific written agreement shall first have been obtained from the Operator whereby certain defined instructions may be accepted by such personnel from the Client.
3.5 Global Charter and/or the Operator reserve the right, at their sole discretion, to substitute any aircraft or Operator if the originally confirmed aircraft becomes unavailable or where operational, technical, or regulatory requirements reasonably necessitate a change. Global Charter and the Operator will use reasonable efforts to provide an equivalent or suitable alternative aircraft. The Client acknowledges that any such substitution does not constitute a breach of this Agreement and shall not give rise to any right of cancellation, refund, or compensation, provided the substitute aircraft is capable of performing the agreed flight safely and in accordance with applicable regulations.
3.6 The Flight Schedule, as set out in this Agreement, is indicative only and operation of any flight is conditional upon the timely grant by the relevant authorities of traffic rights, airport clearances, slots and any necessary permits. Client accepts that the Operator may at its entire discretion deviate from the routings and/or flight timings shown if such deviation is in the opinion of the Operator necessary or is required by national or local air traffic control requirements. Client also accepts any amendments to the Flight Schedule in the event that slots and/or permits cannot be co-ordinated at the indicated schedule. If it is not reasonably possible, for whatever reason, to obtain traffic rights, slots, government permits, passenger or aircraft handling, the flight may be cancelled upon notice being given by Global Charter to the Client, in which case all sums paid by you will be reimbursed in full, less any reasonable costs incurred for Services already performed or that can still be performed notwithstanding such cancellation.
3.7 The Client is responsible for any damage to the aircraft or its fittings, or for any exceptional cleaning required as a result of passenger behaviour or spillages, and agrees that related costs may be charged to the card on file or invoiced accordingly.
3.8 The Client is responsible for ensuring all passengers hold valid passports, visas, identification, and any other required travel documents. Global Charter and the Operator accept no liability for refusal of carriage or entry due to incomplete, invalid, or incorrect documentation or identification, and no refund or compensation shall be due in such cases.
3.9 If the Client requests any change to the flight schedule, routing, or passenger details after booking confirmation, any resulting cost, delay, or cancellation shall be the Client’s responsibility.
3.10 Global Charter and the Operator shall not be liable for delays, diversions, or cancellations caused by weather, air-traffic control, safety, maintenance, or other operational factors beyond their control. Any additional costs arising, including waiting time or repositioning, shall be borne by the Client.
3.11 If departure is delayed due to the Client or passengers, any resulting waiting, crew, or parking costs charged by the Operator shall be payable by the Client.
3.12 The Client is responsible for the conduct of all passengers. The Operator may refuse carriage or terminate a flight if behaviour jeopardises safety, breaches regulations, or causes disturbance. No refund shall be due in such circumstances, and the Client shall be liable for any related costs or damage.
4 PRICE, CHARGES, INVOICING & PAYMENT
4.1 You must pay the Total Price (inclusive of applicable taxes, fees and charges) specified in the Payment Terms (or other written agreement with Client) without any set-off or deduction upon signature of this Agreement. Any delay or failure to pay on time and in full shall lead to the cancellation of Services.
4.2 The Total Price specified herein is based on costs and currency exchange rates prevailing as at the date of execution of this Agreement. We reserve the right to charge additional costs incurred by reason of any material change in currency exchange rates after the date of signature of the Charter Agreement.
4.3 Additional fees and charges may be applied by Global Charter or the Operator, including (but not limited to) surcharges for payment methods, changes to the Flight Schedule or information provided by you, aircraft de-icing, positioning or de-positioning flights, fuel surcharges and insurance costs, additional crew requirements, third party and regulatory charges, catering and in-flight services, WiFi, airport or security taxes.
4.4 Client warrants and represents that there are sufficient funds on any credit or debit card registered with Global Charter to pay for all fees and charges under this Agreement.
4.5 In processing payment, Global Charter may, at its discretion, require a temporary hold of a pre-authorisation amount of the Total Price (plus an additional administration fee of 4% of the Total Price) (the “Hold Amount”) against the available balance on your payment card. If you fail to make payment of the Total Price within 5 working days from signing this Agreement, then Global Charter will proceed without further notice to you to convert the Hold Amount into payment for Services.
4.6 If any amount due remains unpaid, Global Charter may (in addition to its other remedies) 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.
4.7 Global Charter will render a valid tax invoice on request for all payments due under this Agreement.
4.8 Unless expressly stated otherwise, amounts payable may be exclusive of or inclusive of VAT. The recipient of any supply to which VAT is applied shall be entitled to receipt of valid VAT invoice.
4.9 Global Charter shall be entitled to set off or withhold any amount owed to Client under this Agreement against any amount payable by the Client to Global Charter.
4.10 By providing payment details, the Client authorises Global Charter to securely store their card through a PCI DSS–compliant payment provider and to charge it for incidental or authorised additional costs relating to the charter, including (without limitation) catering, ground handling, extensions, damage costs, future bookings, or any outstanding amounts properly due under this or any related agreement with Global Charter. Card data are tokenised and not held directly by Global Charter.
4.11 Global Charter accepts payment in cryptocurrency at its discretion. Where payment is made in cryptocurrency, the amount due shall be calculated based on the value of the charter price in the agreed currency at the time of transfer confirmation, using a reputable exchange rate source. A processing fee of 3% may apply to all cryptocurrency payments to cover exchange and transaction costs. Payment shall not be deemed received until cleared in Global Charter’s designated wallet.
4.12 The Client agrees to pay all additional or ancillary charges arising in connection with the charter, including but not limited to catering, de-icing, WiFi, ground handling, or airport fees. Such charges may be settled by immediate wire transfer upon invoice or, at Global Charter’s discretion, charged to the payment card held on file.
5 CANCELLATION, REFUNDS & NO-SHOWS
5.1 You must notify Global Charter in writing if you wish to cancel or vary any Services, and you agree that cancellation charges will apply in accordance with the Payment Terms set out above in the Charter Agreement. Global Charter reserves the right to charge for any additional cost incurred in relation to any requested variation to the Services.
5.2 Late Arrival / No-Show: Global Charter and the Operator will make reasonable efforts to accommodate late arrivals where possible. However, flight operations are subject to strict slot, crew, and regulatory limits. If departure cannot be delayed, the Client will be deemed to have cancelled the flight, and any refund will be at Global Charter’s discretion.
6 DATA PRIVACY
6.1 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 processing all personal data provided to the other Party in connection with the Services. Without limitation, all necessary consents have been obtained by Client from individuals for the purposes of performing the Services such that Global Charter may use all such information or data received for the purposes of the Charter Agreement. Client agrees to comply with our Privacy Policy (https://www.globalcharter.com/legal/privacy-policy).
7 DISPUTE RESOLUTION
7.1 If any dispute arises between the Client and Global Charter in connection with this Agreement (“Dispute”), then either Party may notify the other of the Dispute with a notice (“Dispute Notice”) which must provide or be accompanied by full detailed particulars of the Dispute.
7.2 Within 14 days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) of the Client and Global Charter must meet to resolve the Dispute.
7.3 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 7, 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.
8 FORCE MAJEURE
8.1 We shall not be liable for any failure or delay to the performance of the Services or any other obligations under this Charter Agreement if such failure or delay results from any cause that is beyond our reasonable control, including (but not limited to) power failure, industrial dispute or action, civil unrest, fire, flood, earthquakes, extreme weather conditions, acts of God, terrorism, acts of war, explosions, revolutions, hijacking, insurrection, riots, national or local emergency resulting in airfield or airspace closures, act of any government or national authority, lock-out, strike, embargoes, epidemic, pandemic, quarantine, requisition of an aircraft or cargo, acts or omissions of third parties, labour disputes, sanctions, seizure, service bulletins, airworthiness directives, the refusal or error in or revocation of any authorisations or permits required for the flight or accidents to or technical failure of the aircraft or any part of it, or any other event that is beyond our reasonable control (“Force Majeure Event”).
8.2 We shall provide written notice to the Client that we are unable to perform our obligations hereunder due to Force Majeure, providing particulars of the relevant Force Majeure Event. If such Force Majeure Event continues for an unbroken period of 14 days from the date of providing notice pursuant to this clause 8.2, then either Party may (at its discretion and without further liability to the other Party) terminate this Agreement by providing written notice to the other Party.
9 LIABILITY
9.1 We shall use reasonable skill and care in the performance of our obligations under this Agreement. We will exercise reasonable skill and care in the selection of any Operator but shall not be required to negotiate an agreement with such Operator other than on their standard terms and conditions of carriage. We shall not be liable for any breach by the Operator of its obligations.
9.2 Global Charter’s total aggregate liability, however arising out of or in connection with this Agreement, shall be limited to a sum equal to 100% of the Total Price paid by the Client in respect of this Agreement.
9.3 In no circumstances will Global Charter 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 basis.
9.4 The Client shall indemnify Global Charter for, and hold it harmless against, any loss, damage, costs, expenses, liability, deduction, contribution, assessment or claim (including reasonable legal and other costs) arising in connection with:
(a) any breach of the Client’s obligations under this Agreement;
(b) any third-party claims that may arise from the Services or otherwise in connection with this Agreement;
(c) any tax, penalty, fine or interest incurred or payable in connection with the Services or in consequence of breach of this Agreement.
9.5 Global Charter is not an air carrier and acts only as the arranger of the Services. Accordingly, and to the extent it may apply, Global Charter shall have no liability to the Operator, Client or any other passengers for compensation or payment pursuant to EC Regulation EC 261/2004, including any claims relating to passenger delays, flight cancellation, baggage delays, destruction, loss or damage to baggage. Further, the Client indemnifies Global Charter at all times against any and all claims, demands, costs (including legal costs on a full indemnity basis), expenses, losses and liabilities incurred arising out of or in connection with Regulation (EC) No. 261/2004.
9.6 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.
9.7 Global Charter acts solely as agent for the Operator and other suppliers in arranging the Services and accepts no liability for their acts, omissions, or performance. Any claims relating to operation of the flight shall be made directly against the Operator or relevant supplier.
10 TERMINATION
10.1 Global Charter may terminate this Agreement with immediate effect by notice in writing to the Client if:
(a) the Client commits a material breach of this Agreement which is not capable of remedy or commits a material breach of this Agreement which is capable of remedy but is not remedied to Global Charter’s satisfaction in sufficient time (as notified by Global Charter) prior to departure of the relevant flight;
(b) the Operator terminates its services for any reason, including due to the Client’s breach of the Operator’s standard terms and conditions;
(c) the Client or the Operator has any corporate action, application, order, proceeding or appointment or other step taken or made by or in respect of it for any composition or arrangement with creditors generally, winding-up other than for the purpose of a bona fide scheme of solvent reconstruction or amalgamation, dissolution administration, receivership (administrative or otherwise) or bankruptcy, or if it is unable to pay its debts as they fall due, or if it ceases to trade;
(d) if the provision of Services or any part of them by Global Charter is or becomes illegal, unlawful or Global Charter is otherwise unable to provide the required Services in the manner contemplated by this Agreement for any reason other than a breach of this Agreement by Global Charter.
10.2 Upon termination of this Agreement, Client must pay for any outstanding fees and charges payable under this Agreement, including any cancellation fees detailed in clause 5.1 of 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.
11 GENERAL PROVISIONS
11.1 Agreement. This Agreement can only be amended by agreement in writing between the Parties. Any clause of this Agreement, which is invalid or unenforceable is ineffective only to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
11.2 Assignment. Global Charter may assign or subcontract its obligations under this Agreement. Client may only assign or otherwise create an interest in their rights under this Agreement with the written consent of Global Charter.
11.3 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 the Electronic Communications Act 2000. 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.
11.4 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.
11.5 Governing Law and Jurisdiction. This Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity) shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the courts of England & Wales shall have exclusive jurisdiction to adjudicate any dispute which arises in connection with this Agreement.