EBAA’s Guidelines and Recommendations for Charter Flight Contracting

In January 2020, the European Business Aviation Association (EBAA) released an important set of Guidelines and Recommendations for Charter Flight Contracting (Guidelines), aimed at improving the transparency, safety, and efficiency of business aviation charter services across Europe. These guidelines were crafted to provide clear, practical recommendations for operators, brokers, and clients involved in charter flight arrangements, ensuring that all parties understand their roles and responsibilities within the contracting process.

The publication underscores the importance of formalizing charter agreements with clear terms to protect all stakeholders involved while promoting operational excellence and legal compliance. With these guidelines, the EBAA aims to standardize practices across the industry, enhance consumer confidence, and reduce misunderstandings or disputes during the charter flight process.

Key Focus Areas of the EBAA Guidelines for Charter Flight Contracting

1. Clear Contractual Terms and Conditions

One of the primary goals of the EBAA’s guidelines is to ensure that all charter flight contracts are comprehensive, transparent, and legally sound. Charter flight agreements should be detailed and cover all aspects of the flight, including:

Flight details: Departure and arrival times, destination, route, and any contingencies.
Aircraft specifications: Model, configuration, capacity, and safety equipment.
Crew qualifications: Details regarding the qualifications and experience of the flight crew.
Pricing structure: The agreed-upon fees, including all applicable taxes, fuel surcharges, and other ancillary costs.

The EBAA stresses the importance of both the charter operator and the client being fully aware of these contractual elements. A well-structured contract ensures that all parties have clear expectations, which can help prevent misunderstandings.

2. Risk Allocation and Liability

One of the most critical components of any charter flight agreement is the allocation of risks and liabilities. The EBAA’s guidelines provide detailed recommendations for defining the responsibilities of both the charter operator and the client in the event of unforeseen circumstances such as delays, cancellations, or accidents.

The guidelines encourage operators to specify the following:

Liability for delays and cancellations: Clearly state which party is responsible for costs incurred due to cancellations, delays, or diversions.
Insurance coverage: Ensure that the charter contract specifies the required insurance coverage, including liability and accident insurance.
Force majeure provisions: Define events such as weather disruptions, strikes, or air traffic control delays that may be beyond the control of either party and relieve both parties from liability under specific circumstances.

By clearly allocating risks and liabilities, these guidelines help prevent future legal disputes and foster a more transparent and efficient process for charter arrangements.

3. Safety and Regulatory Compliance

The EBAA places great emphasis on safety in charter flight operations, and the guidelines recommend that contracts specify the following to ensure full compliance with European safety regulations:

Compliance with EASA Regulations: All charter operators must comply with European Union Aviation Safety Agency (EASA) regulations, which include requirements for aircraft maintenance, crew training, and operational procedures.
Operator safety standards: Charter contracts should specify that operators adhere to a recognized Safety Management System (SMS), which ensures continuous risk management and safety monitoring.
Aircraft certification: The contract should confirm that the aircraft is properly certified for commercial charter operations, with all necessary documentation available for inspection.

The guidelines reinforce that both the operator and the client have an obligation to prioritize safety throughout the charter process, ensuring that all parties are aware of the required safety standards and regulations.

4. Payment Terms and Financial Transparency

Another essential aspect of the EBAA’s guidelines is the recommendation for transparent payment terms. Charter contracts should outline the full financial agreement, including:

Payment schedule: Clear timelines for deposits, final payments, and any additional charges.
Refund policies: Terms outlining refunds in case of cancellations or changes to the flight plan, including any penalties or conditions for refund eligibility.
Currency and exchange rates: Specify the currency in which payments will be made, especially if the contract involves international transactions.

Transparent financial terms protect both the operator and the client, reducing potential conflicts over payment issues and ensuring that both parties are aware of their financial obligations before, during, and after the flight.

5. Additional Services and Customization

Charter flight contracts should also account for any additional services or special requirements, with clear terms regarding customization. These may include:

Passenger services: Special catering requests, in-flight entertainment, ground transportation, or VIP services at airports.
Operational flexibility: Define how changes to the flight schedule or route may be handled and clarify whether these changes will result in additional fees.
Passenger behaviour and responsibilities: The contract should outline any expectations regarding passenger conduct during the flight and the operator’s right to refuse service under specific circumstances.

By outlining these aspects in advance, the guidelines ensure that charter clients have a seamless, comfortable experience, with no ambiguity regarding what services are included and any potential additional costs.

6. Dispute Resolution and Jurisdiction

The EBAA guidelines emphasize the importance of having a clear mechanism for resolving any disputes that might arise from the charter flight contract. These mechanisms should include:

Dispute resolution procedures: A clear, pre-defined process for resolving disputes, such as negotiation, mediation, or arbitration.
Jurisdiction: Clearly state which country’s laws govern the contract, ensuring both parties are clear about where any legal proceedings would take place.

Having a clear dispute resolution and jurisdiction clause helps prevent conflicts and ensures that both parties know how to proceed in case of a disagreement.

The Importance of EBAA’s Guidelines

The EBAA’s Guidelines are crucial to promoting professionalism and reducing the potential for disputes in the European business aviation market. By adhering to these guidelines, charter operators, brokers, and clients can create clearer, more transparent contracts that benefit all parties involved. This reduces ambiguity, mitigates risks, and ensures that charter arrangements proceed smoothly.

Additionally, the guidelines promote safety and compliance with European aviation regulations, ensuring that business aviation remains a safe, reliable, and efficient mode of transportation. As business aviation continues to grow, these guidelines provide a foundation for a more standardized, professional approach to charter contracting, which in turn boosts confidence and trust in the industry. By following these recommendations, operators and clients can establish transparent, legally sound agreements that prioritize safety, reduce risks, and enhance the overall charter experience.

For more information about charter flight contracting, please contact us at info@vaialegal.com.

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