Sunquest Helitours Costa Rica. No. 1

Transcription

1 Sunquest Helitours Costa Rica. No. 1 LOCAL CHARTER TARIFF Original Title Page TARIFF, RATES & CHARGES APPLICABLE TO TRANSPORTATION OF PASSENGERS AND BAGGAGE OR GOODS BETWEEN POINTS IN COSTA RICA AND ABROAD Issued By Paul Zimmer President Sunquest Helitours Costa Rica San Jose- Pavas Aeropuerto Tobias Bolanos, Hangar 36 San Jose, Costa Rica April 1, 2016 Paul Zimmer November 1, 2016

2 LOCAL CHARTER TARIFF Original Page 1 CHECK SHEET Original and revised pages as named below contain all changes from the original tariff effective as of the date shown thereof: PAGE NUMBER OF PAGE NUMBER OF NUMBER REVISIONS NUMBER REVISIONS TITLE Original 11 Original 1 Original 12 Original 2 Original 13 Original 3 Original 14 Original 4 Original 15 Original 5 Original 16 Original 6 Original 17 Original 7 Original 18 Original 8 Original 19 Original 9 Original 19A Original 10 Original 20 Original April 1, 2016 Paul Zimmer November 1, 2016

3 LOCAL CHARTER TARIFF Original Page 2 TABLE OF CONTENTS RULE NO. PAGE NO. ACCEPTANCE OF BAGGAGE OR GOODS APPLICATION OF TARIFF CANCELLATION CHARGES CARRIAGE OF PERSONS WITH DISABILITIES CHARTER & FERRY MILEAGE DETERMINATION 4 7 CHECK SHEET COMPUTATION OF CHARGES CONDITIONS OF CARRIAGE CURRENCY DEFINITIONS EXPLANATION OF ABBREVIATIONS, REFERENCE - 4 MARKS & SYMBOLS LIMITATION OF LIABILITY - GOODS 10A 13 LIMITATION OF LIABILITY - BAGGAGE LIMITATION OF LIABILITY OF PASSENGERS 9 12 PAYMENT REQUIREMENTS REFUNDS SUBSTITUTION OF AIRCRAFT TABLE I - POINT TO POINT CHARGE - 16 TABLE II RATES, CHARGES, AS 350BA - 17 TABLE III- RATES, CHARGES (Deleted) - 18 TABLE V RATES, CHARGES (Deleted) - 19 TABLE VI RATES CHARGES (Deleted) - 19A TABLE IV- LAYOVER CHARGES

4 LOCAL CHARTER TARIFF Original Page 3 EXPLANATION OF ABBREVIATIONS, REFERENCE MARKS AND SYMBOLS Cont'd... Continued No.... Number $... Dollar(s) (R)... Denotes reductions (A)... Denotes increases (C)... Denotes changes which result in neither increases or reductions (X)... Denotes cancellation (N)... Denotes addition USD... United States Dollar Cy.... Currency N/A... Not Applicable

5 LOCAL CHARTER TARIFF Original Page 4 RULE 1. DEFINITIONS "Baggage" means luggage or such articles, effects or other personal property of a passenger or passengers as are necessary or appropriate for wear, use, comfort or convenience in connection with the flight. "Costa Rica" means the Republic of Costa Rica, and the seven Provinces that make up the country. "Carrier" means Sunquest Helitours Costa Rica. "Live Flight" means the movement of an aircraft with payload from the point of take-off to the first point of landing thereafter (intermediate technical or fuel stops excepted). "Charterer" means a person, firm, corporation, association, partnership, or other legal entity who contracts for the transportation of passengers and baggage, or goods and/or property from a specified origin to a specified destination, for a particular itinerary, agreed upon in advance.

6 LOCAL CHARTER TARIFF Original Page 5 "Destination" "Ferry Flight" "Goods" "Origin" "Passenger" "Traffic" means the point to which the passengers or goods to be transported on a flight are bound. means the movement of an aircraft without payload to position the aircraft to perform a flight or upon completion of a flight to position the aircraft to a point required by the carrier. means anything that can be transported by air including animals. means the point from which a flight commences with payload to be transported. means a person, other than a member of the air crew who uses the air carrier s service by boarding the air carrier s aircraft pursuant to a valid contract. means any passengers or goods that are transported by air.

7 LOCAL CHARTER TARIFF Original Page 6 RULE 2. APPLICATION OF TARIFF (1) This tariff is applicable to the transportation of passengers and their baggage or goods using aircraft operated by Sunquest Helitours Costa Rica. (2) An air service will be furnished under the terms of this tariff only after an appropriate air transportation contract, in the form prescribed by Sunquest Heltours Costa Rica, is executed by the charterer and carrier. (3) Air transportation shall be subject to the rules, rates and charges published or referred to in this tariff in effect, by virtue of the effective date on each page, on the date of signing of the air transportation contract. (4) The contents of this tariff form part of the air transportation contract between the carrier and the charterer and in the event of any conflict between this tariff and the contract this tariff shall prevail. RULE 3. CURRENCY Rates and charges are published in the lawful currency of the United States of America. Where payment is made in any currency other than the U.S.D., such payment shall be the equivalent of the U.S. dollar amounts published in this tariff on the basis of local banker's rates of exchange as calculated on the date of signing the air transportation agreement.

8 LOCAL CHARTER TARIFF Original Page 7 RULE 4. MILEAGE DETERMINATION a) Except as provided in subsection b), the hours and minutes for which a charge is made shall be computed form time the aircraft commences hovering or taxi-ing before take-off until it ceases to hover or taxi after landing. b) When operations involve a continuous succession of flights, each of less than ten minutes duration, and the engine is not shut down between such flights, flying time shall be computed from the time the aircraft commences to hover or to taxi for the first flight until the aircraft ceases to hover or taxi after the final landing. c) In determining the duration of a flight: i) each fraction of an hour shall be stated as a decimal, established on the basis of a six minute period, ii) each period of less than three minutes shall be rounded to zero, and iii) each period of between three and six minutes shall be rounded to six minutes. except that no flight shall be considered to have a duration of less than 0.1 hour. RULE 5. COMPUTATION OF CHARGES Air transportation charges shall be the aggregate of a) the charges for performing the work provided for in the contract computed by multiplying the applicable rate per hour by the hours flown performing such work; b) the charges for positioning the aircraft prior to commencement of such work computed by multiplying the applicable rate per hour by i) the lessor of the flight time, if any, measured from the i) carrier's nearest base named in Table I at which the chartered aircraft is shown as available to the place at which the work provided for in the charter is to be performed, and ii) the place at which the chartered aircraft is actually located at the time the charter is requested by the charterer or an offer is made by the carrier to the place from which the work provided for in the charter is to be performed; and (contd. On next page)

9 LOCAL CHARTER TARIFF Original Page 8 c) the charges for depositioning the aircraft after completion of such work computed by multiplying the applicable rate per hour by i) the lessor of the flight time, if any, measured i.i) from the place at which the work provided for in the charter terminated to the carrier's base named in Table I nearest to the place at which the work of the charter commenced, and i.ii) from the place at which the work provided for in the charter terminated to another base of the carrier, or to the place at which another charter is to commence, or to the place at which the aircraft is required for the operational reasons of the carrier, whichever alternative is actually performed by the carrier. d) When the flight time for positioning or depositioning the aircraft is calculated from and to the carrier's base under the provisions of paragraphs 1)b) and c) but the flight of the carrier's base, the flight time between the carrier's base and the place of commencement or termination, measured in a straight line using the CARCR VFR Navigational Chart, scale 1:500,000 as issued by the DGAC of Costa Rica. e) The provision of fuel shall be the f) responsibility of the Charterer. Where the carrier provides fuel at the request of the Charterer, the fuel consumed on the charter will be charged at a rate to be determined at the time of hire. In addition costs of containers, transportation and pumping equipment, shall be payable by the Charterer. f) Due to inability to foresee the actual cost, the following charges will be established at the time that the contract is signed: 1) Loading/unloading the aircraft 2) Charges for goods carried outside the aircraft 3) All charges or expenses incurred by the carrier to cover the cost of accommodation, meals and ground transportation for crew whenever the nature of the charter requires said crew to live away from the place at which it is normally based. 4) Charges for storage in or outside the base.

10 LOCAL CHARTER TARIFF Original Page 9 5) The actual cost of all passenger and/or goods handling charges incurred by the carrier at an airport other than the carrier's base. 6) The actual cost of any special or accessorial services performed or provided at the request of the charterer. g) Layover charges, if any, as set forth in Table "IV", will be assessed by the carrier for holding the chartered aircraft at the request of the charterer at any point on the charter route in excess of the free waiting time. h) Valuation charges, if any, in accordance with Rule 10.

11 LOCAL CHARTER TARIFF Original Page 10 RULE 6. CONDITIONS OF CARRIAGE a) Passengers and baggage or goods will be carried within space and weight limitations of the aircraft. b) Carriage of persons with disabilities. The carrier will make its best efforts to accommodate passengers with disabilities including their service animals or other mobility aids on the same flight; however, certain mobility aids, for example rigid frame wheelchairs or electric wheelchairs, may not be able to be accommodated due to space and/or design limitations of the aircraft. c) Carrier will refuse passage to any person when: (i) Such action is necessary for reasons of safety. (ii)such action is necessary to prevent violation of any applicable law, regulation or order of any country or possession to be flown over. d) Subject to the limits of liability contained in this tariff, the carrier will be exempted from liability due to any failure to perform any of its obligations under under the carrier's charter agreement arising from: (i) Labour disputes or strikes, whether of the carrier's employees or of others upon whom the carrier relies for the fulfilment of the charter agreement, and; (ii)"force Majeure", or any other causes not attributable to the wilful misconduct of the carrier including accidents to, or failure of aircraft or any part thereof, of any machinery or apparatus used in connection therewith. Refusal of Government or public body on whatsoever grounds to grant the carrier any clearance, licence, right or other permission necessary to the performance of Carrier's charter agreement is deemed to be included in the term "Force Majeure". Provided, always, that in the event of such failure, the Carrier will use its best efforts to fulfil its obligations including the provision of alternate means of transport. e) The charterer will be charged for the complete capacity of the aircraft, regardless of the space to be utilized, provided that any space not utilized by the charterer may, with the written consent of the charterer, be used by the carrier for the transportation of the carrier's own personnel or cargo. April 01, 2016 Paul Zimmer November 01, 2017

12 LOCAL CHARTER TARIFF Original Page 11 RULE 8. ACCEPTANCE OF BAGGAGE OR GOODS a) All baggage or goods presented for transportation is/are subject to inspection by the carrier. b) Articles of baggage or goods will not be carried when such articles are likely to endanger the aircraft, persons or property, are likely to be damaged by air carriage, are unsuitably packed, or the carriage of which would violate the laws, regulations, or orders of Costa Rica. c) If the weight, size or character of baggage or goods renders it unsuitable for carriage on the aircraft, the carrier, prior to departure of the flight, will refuse to carry the charterer's baggage or goods or any part thereof. The following articles will be carried only with prior consent of carrier: (i) Firearms of any description. Firearms for sport purposes will be carried as baggage provided the required permit/licence is in possession of the passenger. Also provided that such firearms are disassembled or packed in a suitable case. The provisions of this subparagraph do not apply to Peace Officers' prescribed sidearms or other similar weapons. (ii) Explosives, munitions, corrosives and articles which easily ignite. (iii)pets, dogs, cats and birds, when properly crated in leak proof containers and accompanied by valid health certificates or other documents where these are required.

13 LOCAL CHARTER TARIFF Original Page 12 RULE 8. REFUNDS a) Application for refund shall be made to the carrier. b) If a portion of the agreed transportation has been completed, refund will be the difference between the rates and charges paid and the rates and charges applicable to that portion of the agreed transportation completed, less any applicable cancellation charges, as specified in this tariff. RULE 9. LIMITATION OF LIABILITY - PASSENGERS (1) The liability of the carrier in respect of the death of, or injury to, a passenger is limited to the sum of $ 300,000 (2) The carrier is not liable (a) In the case of any passenger whose age or mental or physical condition, including pregnancy, is such as to involve an unusual risk or hazard, for any damages sustained by that passenger that would not have been sustained but for his/her age or mental or physical condition; or (b) In the case of a pregnant passenger, for any damages in respect of the unborn child of that passenger.

14 LOCAL CHARTER TARIFF Original Page 13 RULE 10. LIMITATION OF CARRIER RESPECTING BAGGAGE. (1) Subject to subsection (2), the liability of the carrier in respect of loss, or damage to, baggage, whether caused directly or indirectly by the act, neglect for default of the carrier or not, is limited to the sum of ($ ) per passenger. (2) The carrier will not pay for loss or damage to negotiable instruments, money, securities, commercial paper, jewellery, precious stones and other articles of extraordinary value. The carrier may by agreement with the charter increase the carrier's limit of liability for the declared value of baggage above the values appearing in section (1) providing additional charges are set out by the carrier and agreed upon by the charterer. RULE 10A LIABILITY OF CARRIER RESPECTING GOODS (1) Subject to subsection (2) the liability of the carrier in respect of loss of, or damage to, goods, whether caused directly or indirectly by the act, neglect or default of the carrier or not, is limited to the sum of $5.00 per pound. (2) The carrier may by agreement with the charterer, increase the carrier's limit of liability for the declared value of goods above the values appearing in sub-section (1) providing additional charges are set out by the carrier and agreed upon by the charterer.

15 LOCAL CHARTER TARIFF Original Page 14 Rule 11. SUBSTITUTION OF AIRCRAFT (a) When, due to causes beyond the control of the carrier, the aircraft chartered is unavailable at the time the charter commences or becomes unavailable while carrying out the charter, the carrier may furnish another aircraft of the same type or, with the consent of the charterer, substitute any other type of aircraft if the rates and charges for the new aircraft are the same as for the original aircraft, except as provided in paragraphs (b) and (c). (b) When the substituted aircraft is capable of a larger payload than the original aircraft chartered, the payload carried in the substituted aircraft will not be greater than the payload which would have been available in the aircraft originally chartered, unless the charterer agrees to pay the rates and charges applicable to the substituted aircraft. (c) When the maximum payload of the substituted aircraft is smaller than the maximum payload of the original aircraft chartered, charges will be based on the rates and charges applicable to the type of substituted aircraft.

16 LOCAL CHARTER TARIFF Original Page 15 RULE 12. PAYMENT REQUIREMENTS (a) (b) Payments for a charter flight will be deemed due and payable upon receipt of a completed invoice. A service charge of 18% per annum compounded monthly will be charges on accounts due over 30 days from the invoice date. RULE 13. CANCELLATION CHARGES 1 When the cancellation is made by the Charterer greater than 24 hours prior to planned departure, no cancellation charges shall be levied, 2 When the cancellation is made by the Charterer less than 24 hours prior to the planned departure, 15% of the total value will be due and payable by the Charterer. No shows without notification will be Charged the value of the flight/tour booked. 3. When a charter is cancelled by the carrier after commencement, charges will be applicable for only the portion of the charter completed. RULE 14. CARRIAGE OF PERSONS WITH DISABILITIES (a) Acceptance for transportation of persons requiring mobility aids is at the discretion of the company (pilot) and is subject to the aircraft being able to accommodate the aid and the person being able to board the aircraft without assistance.

17 LOCAL CHARTER TARIFF Original Page 16 TABLE "I" RATES AND CHARGES Carrier's Bases Name of Base Aircraft Available Model, Name, Type Liberia, Guanacaste Airbus AS350BA FX Pavas, San Jose

18 LOCAL CHARTER TARIFF Original Page 17 Application TABLE "II" Rate, Charges, Minimums for Airbus AS 350BA FX (includes costs of fuel/oil) 1. The "Special Rates" for Volume Utilization apply to each hour flown in excess of the minimum hours required per 12 month period or less or the qualifying hours stated in the table below, whichever number of hours is greater. 2. Minimum Charges will be calculated by multiplying the normal rates per hour by the minimum number of hours set out in the Table. SPECIAL RATES FOR VOLUME UTILIZATION BLOCK SPEED RATE Qualifying Rate See PER HOUR Hours Per Hour Subsection 20.2) Miles per hour $ $ MINIMUM HOURS MONTHS October through April May June July August September SHORT TERM - per day 3 hrs 3 hrs 3 hrs 3 hrs 3 hrs 3 hrs

19 LOCAL CHARTER TARIFF Original Page 18 TABLE III RATES, CHARGES, MINIMUMS FOR (BLANK) (includes costs of fuel) Application 1. The "Special Rats" for Volume Utilization apply to each hour flown in excess of the minimum hours required per 12 month period or less or the qualifying hours stated in the table below, whichever number of hours is greater. 2. Minimum Charges will be calculated by multiplying the normal rates per hour by the minimum number of hours set out in the Table. SPECIAL RATES FOR VOLUME UTILIZATION FLOCK SPEED RATE Qualifying Rate See PER HOUR Hours per Hour Subsection 20.2 BLANK

20 LOCAL CHARTER TARIFF Original Page 19 TABLE V RATES, CHARGES, MINIMUMS FOR (BLANK) (includes costs of fuel and oil) Application 1. The "Special Rats" for Volume Utilization apply to each hour flown in excess of the minimum hours required per 12 month period or less or the qualifying hours stated in the table below, whichever number of hours is greater. 2. Minimum Charges will be calculated by multiplying the normal rates per hour by the minimum number of hours set out in the Table. SPECIAL RATES FOR VOLUME UTILIZATION FLOCK SPEED RATE Qualifying Rate See PER HOUR Hours per Hour Subsection 20.2 BLANK

21 LOCAL CHARTER TARIFF Original Page 19A Application TABLE "VI" Rate, Charges, Minimums for (Blank) (includes costs of fuel and oil) 2. The "Special Rates" for Volume Utilization apply to each hour flown in excess of the minimum hours required per 12 month period or less or the qualifying hours stated in the table below, whichever number of hours is greater. 2. Minimum Charges will be calculated by multiplying the normal rates per hour by the minimum number of hours set out in the Table. SPECIAL RATES FOR VOLUME UTILIZATION BLOCK SPEED RATE Qualifying Rate See PER HOUR Hours Per Hour Subsection 20.2) Miles per hour BLANK

22 LOCAL CHARTER TARIFF Original Page 20 TABLE IV LAYOVER CHARGES (In U.S. Dollars) AIRCRAFT TYPE FREE WAITING MAXIMUM CHARGE TIME IN HRS PER HR. PER DAY OR PART 1C) AS 350BAFX 2 HRS $ $1,600.00