Terms & Condition

1. Definition

In these Conditions the following expressions shall have the following meanings

“Agreement”
a flight booking confirmation signed on behalf of the Charterrer and/ or such other agreement between LBJ and the Charterer of the charter of aircraft from LBJ.
“Aircraft”
any aircraft which is the subject of a charter agreement beetween LBJ and the Charterer.
“Charterer”
any person,for or body corporate chartering, or offering to charter,any aircraft from LBJ.
“Charter”
the flight(s) described in the Flight Schedule.
“Charter Price”
the charter prices specified in the Agreement
“Flight Schedule”
the schedule for the flight or flights as set out in Agreement

2. Aircraft and Crew

LBJ shall operate the Aircraft for the Charterer's sole use, manned and equipped for the performance of the Charter. Any additional services shall be specified in the Agreement

3. Captain's Discretion

The Captain of the Aircraft shall have absolute discretion:

  • (a) To refuse any passenger (s),baggage or cargo;
  • (b) To decide what load may be carried on the Aircraft and how it shall be distributed;
  • (c) To decide whether and when a flight may be safely under taken and where and when the Aircraft should be landed; and
  • (d) Generally as to all matters relating to the operation of the Aircraft

4. Charter Price

  • 4.1 The Charterer shall pay promptly to LBJ the Charter Price and any ancillary costs in accordance with the agreed payment schedule. All payments shall be made without deduction, set-off, counter claim or with holding whatsoever.
  • 4.2 Time for payment of the Charter Price shall be of the essence. LBJ shall be entitled to treat non-payment of the Charter Price as constituting the cancellation by the Charterer of the relevant Charter entitling LBJ to payment in accordance with the provisions of Condition 7 below.
  • 4.3 In the event that LBJ agrees to accept late payment,it shall be entitled to interest on the overdue amount at the rate of 2 % per month or part there of, compounded monthly
  • 4.4 The Charter Price includes standard catering appropriate to the length of the flight and time of day,including hot and soft drinks,bar snack sand biscuits. Additional catering may be agreed at additional cost.
  • 4.5 The Charter Price also includes the first 20 minutes usage of the Aircraft satellite telephone system (where available). There after, use will be recharged to the Charterer at the rate of US$ 2 per minute.
  • 4.6 Where additional services are requested (e.g.Ground transport hotel bookings, helicopter transfers, special catering requests etc) a handling surcharge of 10% is added to cover the administration involved

5. Carrier's Protection Against Increased Cost

  • 5.1 If there is any increase after the date of the Agreement in security costs, aviation insurance premiums, fuel, airport passenger duty or similar costs relating to the operation of the Aircraft or any part of the Charter, LBJ shall be entitled to increase the Charter Price by such increase.
  • 5.2 Unless specified to the contrary, the Charter Price given does not include any provision for de-icing, weather related or other hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, or out of normal hours airport charges which, if incurred, the Charterer shall bear

6. Delay And Variation of Flight Schedule

  • 6.1 LBJ shall use all reasonable endeavors to complete the Flight Schedule in accordance with the timings there in but shall be entitled to depart from the Flight Schedule for any cause beyond its reasonable control. LBJshall not be required to compensate any passenger for any delay or cancellation of any flight.
  • 6.2 If the Charterer requests any variation of the Flight Schedule (including any delay in the departure time of any flight), LBJ shall not be bound to agree such variation unless the Charterer agrees to bear any additional cost that would there by be incurred by LBJ.
  • 6.2 In the event that it is unable to perform any part of the Charter, LBJ shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft. For the avoidance of doubt, any such replacement aircraft shall be deemed to be the“Aircraft” for the purposes of that part of the Charter.
  • 6.3 If no such substitute aircraft is available, the Charterer shall be entitled to cancel that part of the Charter and shall be reimbursed the amount paid in respect of the cancelled flight or flights

7. Cancellation

  • 7.1 In the event of cancellation of the Charter or any part of it by the Charterer, LBJ shall be entitled to receive, as liquidated damages and not as a penalty,the following:
    • (a) 10 % of the Charter Price if notice of cancellation is received by LBJ more than seven (7) days before scheduled departure time;
    • (b) 20 % of the Charter Price if notice of cancellation is received by LBJ less than seven(7) days but more than 48 hours before scheduled departure time;
    • (c) 30 % of the Charter Price if notice of cancellation is received by LBJ less than 48 hours before scheduled departure time;
    • (d) 60 % of the Charter Price if notice of cancellation is received by LBJ less than 24 hours before scheduled departure time,or on the day of departure the passengers to be carried on the Charter area no show or arrive for the Charter after the agreed departure time; or
    • (e) if part of the Charter has been completed, the proportion of the Charter Price relating to that portion of the Charter plus 60 % of the remainder of the Charter Price (but in any event not less than 60 % of the total Charter Price),
  • 7.2 In the case of cancellation by LBJ, the applicable time shall be the time at which LBJ notifies the Charterer of cancellation.

8. Liability of Carrier

  • 8.1 Except as expressly provided in these Conditions, LBJ shall not be liable to the Charterer in any manner whatsoever (whether in tort or contract) for any indirect or consequential loss or damage whatsoever
  • 8.2 The liability of LBJ (or any substitute carrier) in relation to the carriage by air of passengers and their luggage shall be governed by the General Conditions of Carriage of LBJ, a copy of which is attached (or those of the substitute carrier, a copy of which will be available on request) and of which, through the Charterer as their agent,all passengers on the Charter shall be deemed to have received notice.

9. Liability of Charterer

  • 9.1 Where a person, firm or company enters in to the Agreement as agent of the Charterer, such entity shall be jointly and severally liable with the Charterer for the payment of the charter price upon demand by LBJ
  • 9.2 The Charterer shall indemnify LBJ again stall loss and damage that LBJ suffers as a result of any recklessness or willful damage caused by the Charterer, its servant or agents or any passenger carried with the authority of the Charterer or as a result of any passenger not being in possession of any identity document, visa, health certificate or other document required by any stopping place on the Flight Schedule.

10. Assignment

The Charterer shall not be entitled to assign the benefit of the Agreement to any other person without the consent in writing of LBJ

11. Third Party Rights

The parties to the Agreement shall be deemed not to have intended to confer by the Agreement any rights whatsoever on any other person

12. Applicable Law and Jurisdiction

The Agreement and any non-contractual matters associated with, arising out of or connected with it shall be governed by and construed in accordance with Indonesian Law and the courts Indonesia shall have non-exclusive jurisdiction to deal with any disputes arising under the Agreement