Air Medical Ltd. Air Ambulance Charter Terms & Conditions

Transcription

1 Air Medical Ltd. Air Ambulance Charter Terms & Conditions These Terms and Conditions apply to all those chartering an Aircraft and the associated medical expertise from Air Medical Ltd for the purpose of air ambulance, to the exclusion of all other terms, conditions, warranties and representations, except any specifically agreed between the parties in writing after the date of the Agreement. In the event that there are any conflicting provisions between these Terms and Conditions and any Service Level Agreement between the Carrier and the Charterer, the provisions of the Service Level Agreement shall prevail. 1. Definitions In these conditions the following expressions shall have the following meanings: Agreement any agreement between the Carrier and the Charterer for the charter of an Aircraft from the Carrier as evidenced by the Confirmation of Booking, and which incorporates these Terms and Conditions. Aircraft any aircraft that is the subject of an Agreement between the Carrier and the Charterer. Bed Admission Where the Carrier is tasked with finding a specialist bed in the receiving hospital in the UK. This will be the nearest available specialist treating facility to the Patient s home address. Carrier Air Medical Ltd. Charterer any person, firm or body corporate chartering, or offering to charter, any Aircraft from the Carrier, which includes without limitation a Patient, Passenger or any agent or broker arranging the chartering of an Aircraft on behalf of a Patient or Passenger. Charter Price the price for chartering the Aircraft as set out in the Confirmation of Booking. Confirmation of Booking the form setting out details of the Flight Schedule, Aircraft and crew members, Passengers, Patients, Medical Team (to be named in the list of passengers, but identified by the statuses DOC for doctor and NRX for nurse), meeting points, handling agents and other logistical information as relevant for each Order. Duty Medical Officer the Carrier s Medical Director or any member of the Carrier s medical personnel to whom he has delegated his obligations or discretions or who acts under the Medical Director s authority (whether express or implied). Flight Schedule the place of departure, place of destination and any stopping points, together with any indications of departure and arrival times, agreed between the Carrier and the Charterer in the Confirmation of Booking. Hospital Transfer where the Medical Team go to a hospital to collect the Patient and/or accompany the Patient to a destination hospital.

2 Hospital Transfer Stoppage has the meaning given to it in clause 5(p). Medical Team this comprises the medically qualified personnel provided by the Carrier during the flight. Its make-up will depend solely on a Patient s requirements and the Carrier has final authority on the minimum number of personnel and specialty disciplines that are included as part of the Medical Team. Order the Charterer's order for chartering the Aircraft whether made to the Carrier by telephone or in writing (including ). Patient the individual named by the Charterer who requires medical care during the air ambulance flight. Passenger any companion travelling with the Patient during the flight. The decision as to whether a Passenger can be carried on the flight, rests solely with the Carrier, and may be made or changed at any time up to the departure of the flight. Tarmac Transfer where the Patient meets the Carrier at the pick-up airport and/or is delivered into the ongoing care of the road ambulance team at the arrival airport. Wing to Wing Transfer where the Carrier subcontracts another air ambulance provider to undertake part of the Flight Schedule. The Carrier and the subcontractor would then meet along the planned route and transfer the Patient from one Aircraft to the other and will hand over the Patient care to the subcontractor s medical staff, or indeed the handover will be from the subcontractor to the Carrier. This will only be arranged if it is deemed by the Carrier to be in the Patient s interests. The final decision on whether a Wing to Wing Transfer is acceptable will lie with the Charterer. 2. Basis of Contract The Order constitutes an offer by the Charterer to charter an Aircraft in accordance with these Terms and Conditions. The Order shall only be deemed to be accepted when the Carrier issues the Charterer with a Confirmation of Booking at which time the Agreement shall come into existence. Where the Confirmation of Booking is sent to the Charterer by fax or the time of acceptance will be the time of transmission. The Agreement constitutes the entire agreement between the parties. The Charterer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Carrier which is not set out in the Contract. Any descriptions or illustrations contained in the Carrier's catalogues, brochures or website, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the Agreement or have any contractual force.

3 These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Charterer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any quotation given by the Carrier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue. 3. Carrier s Obligations a) The Carrier shall, subject to these Terms and Conditions provide for the Charterer s use the Aircraft, crewed and equipped for the performance of the Flight Schedule in accordance with the Agreement. The Carrier shall use reasonable endeavours to perform the Flight Schedule in accordance with the Confirmation of Booking; however, any times indicated therein shall only be an estimate and shall not be of the essence of the Agreement. b) If the Aircraft shall for any reason (whether before or after the commencement of the Flight Schedule) become incapable of continuing all or part of the Flight Schedule, the Carrier may at its discretion substitute the Aircraft with the same or another type of Aircraft and the provisions of the Agreement shall apply mutatis mutandis to the substituted Aircraft. If the Carrier does not substitute another Aircraft it shall not be under any liability to the Charterer and the Charterer shall remain liable to pay for that part of the Flight Schedule (if any) that has been performed at the time the Aircraft becomes so incapable. c) If the Aircraft shall for any reason become incapable of continuing all or part of the Flight Schedule whilst it has a Patient on board and if the Carrier has provided the Medical Team, the Carrier shall retain full medical responsibility for the Patient and will ensure the Patient is quickly and safely cared for and transferred to the nearest appropriate medical facility. This will be done with the full knowledge and agreement of the Charterer. The Carrier is not liable for any costs incurred at the medical facility. d) If the Aircraft shall for any reason become incapable of continuing all or part of the Flight Schedule whilst it has a Patient on board and the Charterer has provided the Medical Team, the Charterer shall retain full medical responsibility for the Patient. e) The Carrier may substitute the Aircraft with another Aircraft type if in its reasonable opinion this is justified by the medical condition of the Patient. The Carrier shall as soon as practicable notify the Charterer of any such substitution, and of the additional price resulting, by providing the Charterer with an updated Confirmation of Booking. The Charterer shall be obliged to pay such additional price in accordance with these Terms and Conditions. 4. Captain s Discretion The Captain of the Aircraft shall have absolute discretion: a) to refuse any Patient, Passenger, Charterer s medical staff, baggage, equipment or any part thereof; b) to decide what load may be carried on the Aircraft and how it shall be distributed; and/or

4 c) to decide whether and when a flight may be safely undertaken and where and when the Aircraft should be landed and the Carrier shall be under no liability for termination of, or deviation from, the Flight Schedule and any associated costs resulting from any exercise of these discretions. 5. Medical Assistance The provisions of this clause 5 apply only where the Charterer requires medical assistance to be provided to a Patient during the flight. a) If the Charterer requires medical assistance to be provided on board the Aircraft, they shall notify the Carrier of that fact and give the Carrier the full medical notes of the Patient (in English) at the time of quotation. Any further updates in respect of the Patient s condition shall be provided to the Carrier up to one hour prior to departure of the first flight in accordance with the Flight Schedule. b) Once the full medical notes have been reviewed and the Patient has been accepted by the Duty Medical Officer, the Duty Medical Officer shall: (i) (ii) (iii) (iv) have the right to refuse a Patient to board the Aircraft if he determines that it is not in the Patient s best interests to travel by air ambulance or where there would be a greater risk to transfer the Patient by air ambulance, the Duty Medical Officer may decide to postpone the Flight Schedule until the Patient s condition is improved sufficiently to be able to travel by air ambulance; confirm which Aircraft is most suitable for the flight; and confirm the composition of the Medical Team; and confirm the medical equipment required for the flight. c) The carriage of a second Patient and/or any passengers is dependent on the decision of the Duty Medical Officer. d) As provided above, the composition of the Medical Team will be decided by the Duty Medical Officer of the Carrier based on the medical notes provided by the Charterer. All members of the Carrier s Medical Team will be appropriately qualified, trained and insured to provide the necessary care to the Patient. If the Charterer wishes the Carrier to add additional personnel then any additional costs will be borne by the Charterer. Likewise if the Duty Medical Officer deems additional personnel to be appropriate based on the medical notes provided or following discussions with the treating doctor, then any additional costs will be borne by the Charterer. e) Where the Carrier has provided the Medical Team for the flight, the standard of care to be provided to the Patient by the Medical Team will be that expected of reasonably competent practitioners in the relevant field concerning the Patient s condition, having regard to the information and medical notes provided by the Charter to the Carrier, and the medical equipment and facilities available to the Medical Team. f) The Duty Medical Officer and/or the onboard Medical Team have the right to refuse a planned Tarmac Transfer if the medical condition of the Patient deems a Hospital Transfer necessary. Any associated costs will be borne by the Charterer.

5 g) The actual medical condition of the Patient shall be determined in the clinical judgement of the Duty Medical Officer or the onboard Medical Team. The Duty Medical Officer and/or the onboard Medical Team have the right to refuse carriage of the Patient if the Patient s actual medical condition is materially different to that represented in the medical notes provided by the Charterer. In this instance the full cost of the mission will be charged to the Charterer. The Charterer will be kept fully informed of any decisions through this process. h) If the Patient s actual medical condition is materially different to that represented in the medical notes provided by the Charterer, but the Carrier s onboard Medical Team are happy to still accept the Patient, then any associated costs will be charged to the Charterer. This includes any changes in the Patient s medical condition during the transfer and will include (but not be limited to) costs associated with unplanned sea level cabin pressure, additional stops for the purposes of refuelling, replenishing oxygen levels or exchanging crew members (for the avoidance of doubt this includes members of the Medical Team), overnight stops, additional parking fees and medical consumables. i) If the Patient s medical condition deteriorates on the flight to the extent that an unscheduled landing and admission into a local hospital is deemed appropriate by the onboard Medical Team, then all additional costs incurred will be charged to the Charterer. The Carrier is not responsible for any costs incurred at the treating hospital. j) Where the Carrier subcontracts part of the Flight Schedule to another carrier, and that carrier provides medical assistance on board the Aircraft, this, and the name of such other carrier, will be specified in the Agreement and will be subject to approval from the Charterer. This will be in most instances where a wing to wing long distance mission is deemed appropriate. k) Where the Charterer provides their own medical assistance and medical staff onboard the Aircraft, the Charterer shall retain full medical responsibility and liability for the Patient. All medical equipment shall be provided by the Charterer and the Carrier shall have no liability of any kind whatsoever (whether arising from breach of contract, the negligence of the Carrier, its employees or agents, breach of statutory duty or otherwise) for any loss or damage whatsoever arising from the Charterer s provision of medical assistance or equipment, or failure to provide it, onboard the Aircraft. l) Where the Charterer provides their own medical assistance and medical staff onboard the Aircraft, the Carrier shall provide an Aircraft to the Charterer with the fixed stretcher base onboard. No additional medical equipment will be provided by the Carrier and it is the sole responsibility of the Charterer to ensure the correct medical equipment, drugs and oxygen is carried and is compatible with the Aircraft. Bedding may be provided by the Carrier during the flight if requested by the Charterer; however this will incur a laundry charge. m) Where the Charterer arranges the ground ambulance and it is deemed unsuitable by the Carrier s Medical Team, any costs incurred due to associated delays and reorganisation of a suitable ground ambulance will be borne by the Charterer. n) When the Carrier is tasked with the Bed Admission, the Carrier will not be responsible for any changes or delays incurred by the receiving hospital, or if the receiving hospital refuses to accept the Patient. The Bed Admission is arranged solely on the acceptance by the receiving hospital s medical staff and therefore preferred hospitals cannot be requested. The Carrier will retain responsibility in sourcing an alternate hospital, but reserves the right to pass on any incurred costs to the Charterer.

6 o) Any obligation or discretion of the Duty Medical Officer pursuant to the Agreement may be delegated to the clinician in charge of the onboard Medical Team. p) If the Carrier is delayed or prevented from carrying out a Hospital Transfer ( Hospital Transfer Stoppage ) for any reason that is outside the control of the Carrier (for example, where the local security or customs agents prevent the Medical Team from taking its medical equipment into a hospital to collect the Patient), any costs incurred by the Carrier as a result of a delay or cancellation of the flight resulting from a Hospital Transfer Stoppage will be borne by the Charterer. The Carrier will use reasonable endeavours to mitigate any risk of delay or cancellation of a flight due to a Hospital Transfer Stoppage and the Carrier will keep the Charterer informed as soon as reasonably practicable of any relevant information of the occurrence and consequences of a Hospital Transfer Stoppage (including changes to the Flight Schedule due to a delay or cancellation and any costs incurred by the Carrier as result). 6. Unused Capacity/empty legs The Carrier shall be entitled at its own discretion and without compensation to the Charterer to use any part of the carrying capacity of the Aircraft unused by the Charterer, except by means of the carriage of additional passengers/patients, to use any part of the Flight Schedule unused by the Charterer, and to make additional or different stopping points provided the departure and destination times are not materially affected thereby. The Charterer and the Carrier however may enter into a separate Agreement regarding empty legs and the split of cost benefits associated with them. 7. Payment of Charter Price and additional charges The Charterer shall pay to the Carrier the Charter Price in full and cleared funds prior to the departure of the first flight in accordance with the Flight Schedule, unless prior written agreement has been made between the Carrier and Charterer for alternative payment arrangements. All additional costs, expenses or charges incurred or borne by the Carrier and payable by the Charterer pursuant to these Terms and Conditions shall be either: (i) added to the Charter Price prior to the commencement of the Flight Schedule, where appropriate; or (ii) invoiced to the Charterer as soon as reasonably practicable after such additional costs, expenses or charges have been incurred or borne by the Carrier. Where any additional costs, expenses or charges are invoiced to the Charterer pursuant to these Terms and Conditions, the Charterer shall pay the invoice within 28 days of the date of the invoice. All amounts payable by the Charterer under the Agreement are exclusive of value added tax and any similar tax. However, the Charterer shall, on receipt of a valid tax invoice from the Carrier, pay to the Carrier such additional amounts in respect of value added tax and any similar tax as are chargeable by the Carrier under the Agreement. Where the Charterer is obliged under any relevant law to withhold any amount, the sum payable to the Carrier shall be grossed up by the amount withheld.

7 8. Included/Not Included in Charter Price Unless otherwise expressly set out in the Agreement, the Charter Price includes all costs of operating the Flight Schedule but does not include:- any taxes, levies, duties or charges imposed upon or in connection with the operation of the Flight Schedule; any out-of-hours airport and handling surcharges; any ground transport or loading or unloading costs; costs of visas and entry permits and any other immigration charges; any de-icing charges incurred away from home base (London Oxford Airport, EGTK); or the provision of any medical services, consumables or equipment. 9. Non-payment of Charter Price and Interest on Delayed Payment The Carrier reserves the right to terminate the Agreement without prior notification to the Charterer in the event that any of the Charter Price or other monies due under the Agreement remains uncleared at the proposed time of departure of the first flight in accordance with the Flight Schedule. If the Carrier proceeds with the Flight Schedule, this will be without prejudice to all its rights in respect of delayed payment. If the Charterer delays in making any payment to the Carrier when due, the Carrier shall have the right to charge an administration fee of 100 plus interest on the overdue amount at the rate of 8% per annum above the current Bank of England base rate accruing on a daily basis from the due date of such payment, whether before or after judgment, and compounded monthly. 10. Carrier s Protection Against Increased Cost In the event of there being any increase beyond the control of the Carrier in the cost of the Carrier's performing any of its obligations under the Agreement between the date of the Agreement and the completion of the Flight Schedule, the Carrier may give written notice thereof to the Charterer and the amount payable by the Charterer shall be increased by the amount of such increased cost. 11. Non-Performance or Delays a) If the performance of the whole or part of the Flight Schedule is prevented or delayed by the Charterer or anyone acting on its behalf or including (but not limited to) any Patient, Passenger or Charterer s medical staff arriving later than 30 minutes before scheduled departure time, the Carrier may at its discretion and without liability depart as scheduled or alternatively elect that demurrage shall run against the Charterer at an hourly rate equivalent to one hour s flying at the current charter rate for the Aircraft. If such delay continues for more than one and a half hours, the Carrier may terminate the Agreement and the Charterer shall be liable to pay a cancellation charge in accordance with these Terms and Conditions as if it had given notice of cancellation at scheduled departure time. b) In the event of non-performance or delay caused by actions of third parties, labour difficulties, events beyond the control of the Carrier or Charterer (including but not limited to inclement weather) or technical breakdown or accident to the Aircraft or any part thereof or any machinery to be used in relation to the Aircraft, the Carrier shall use all reasonable endeavours to perform or continue the Flight Schedule but otherwise shall have no liability to the Charterer;

8 c) In the event of part performance of the Flight Schedule by virtue of any of the circumstances referred to in clause 11 (a) and 11 (b) hereof the Charterer shall be liable to pay such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with any additional charges and expenses payable by the Charterer pursuant hereto. d) In the event of part performance or delay of the Flight Schedule by virtue of any of the circumstances referred to in clause 5 (f), (g), (h) and (i) hereof the Charterer shall be liable to pay such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with any additional charges and expenses payable by the Charterer pursuant hereto. 12. Diversions beyond the Carrier s Control If for any reason beyond the Carrier's control the Aircraft is diverted from any airport, airfield or other destination shown in the Flight Schedule to another destination, the journey to the said airport, airfield or destination shall be deemed to be complete when the Aircraft arrives at such other destination. 13. Termination by the Carrier If the Agreement is terminated by the Carrier: a) prior to the Flight Schedule commencing for any reason associated with, but not limited to, the Aircraft, medical assistance, Patient condition, Flight Schedule planning, handling and permit requests and non-payment of fees by the Charterer, whilst trying to minimise this occurring, the Carrier shall not be liable to pay any costs to the Charterer; b) due to the Charterer not fulfilling its obligations under this Agreement including, but not limited to, the provision of adequate Patient and passenger information, inadequate medical staff and equipment provision in the event the Charterer is providing their own, non-payment of fees, bankruptcy or insolvency, then the Charterer shall be liable to pay the appropriate cancellation charges referred to in clause 14 together with such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed and additional charges, costs and expenses payable by the Charterer pursuant hereto and the Carrier shall be under no further or other liability to the Charterer by reason of such termination. 14. The Cancellation Charges If the Charterer terminates the Agreement, the following cancellation charges may be charged at the discretion of the Carrier and be payable by the Charterer, and shall include but not be limited to causes listed in clause 5 (e), (f), (g) and (h), clauses 11 (a) and 11 (b) and clause 13 (b): a) Termination of the Agreement by the Charterer between the Carrier issuing the Charterer with the Confirmation of Booking and 8 hours prior to departure in accordance with the Flight Schedule, any costs incurred by the Carrier will be charged, up to a maximum of 12,000;

9 b) Termination of the Agreement by the Charterer during the 8 hours preceding departure in accordance with the Flight Schedule will result in a charge of 40% of the Charter Price plus incurred costs up to a maximum of 25,000; c) Termination of the Agreement by the Charterer whilst the Aircraft is already airborne will result in a charge of 60% of the Charter Price plus incurred costs, such cancellation charges to be invoiced to the Charterer as soon as practicable after the date of cancellation. 15. Liability of the Carrier a) The Carrier does not undertake any carriage as a common carrier. b) Except as otherwise provided by the Montreal Convention 1999 and EC Regulation 2027/97 as amended by 889/2004, and provided that nothing shall restrict or limit its liability for death or personal injury resulting from its negligence, the Carrier shall not be liable to the Charterer in any manner whatsoever (whether arising from breach of contract, the negligence of the Carrier its employees, contractors or agents, breach of statutory duty or otherwise) for any loss or damage whatsoever (including without limitation consequential loss). c) The Charterer agrees to indemnify and keep indemnified the Carrier and keep the Carrier indemnified against all liabilities claims costs and expenses whatsoever (including legal fees) incurred or claimed by any third party arising out of the performance of the Agreement (including any part of the Flight Schedule subcontracted by the Carrier to another carrier) subject to the exceptions and proviso mentioned in clause 15(b) hereof. 16. Laws and Regulations The Charterer will comply with and take all reasonable steps to cause all passengers and passengers carried, to observe and comply with all regulations of the Carrier and all customs, police, public health and other laws and regulations which are applicable in the countries in which flights are originated, landings are made, or over which flights are made. The Charterer warrants that all passengers, and if provided, the Charterer s medical staff, will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight, and in the event that the appropriate immigration authorities refuse entry to any passenger in circumstances where the Carrier is required to transport such passengers to the point of origin of the flight or to any other point, then the Charterer must pay for so doing as if the flight involved were an additional flight requested by the Charterer. The Charterer will ensure that all relevant consents are gained from and proper advice and information is given to the Patient and passengers carried on the Aircraft. 17. Changes in Agreement and Waiver

10 a) Alterations and additions to these Terms and Conditions will only be binding if made in writing and signed by the Carrier and the Charterer. b) The Charterer cannot rely on any verbal undertaking from or given on behalf of the Carrier which is different from or additional to these Terms and Conditions or the terms of the Agreement. c) The rights of neither party shall be prejudiced or restricted by any indulgence or forbearance granted by it and no waiver of any breach shall operate as a waiver of any other or further breach. 18. Applicable Law The Agreement and these Terms and Conditions shall be governed by and construed in accordance with English Law and the Carrier and Charterer submit to the exclusive jurisdiction of the Courts of England and Wales.