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:
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:
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:
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:
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:
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:
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 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 [email protected].
Dr. Ciantar-Barbara is an experienced lawyer specialising in corporate and commercial law. She graduated with a Doctor of Laws degree from the University of Malta in 2012 and went on to obtain a Master of Laws (LL.M.) in Corporate and Commercial Law from Queen Mary, University of London in 2014.
With over a decade of experience at a leading Big Four firm, Dr. Ciantar-Barbara has advised a wide range of local and international clients on complex company law matters. Her practice covers all stages of a company’s lifecycle, including formation, continuation, restructuring, cross-border mergers and divisions, acquisitions, and liquidations. She also assists clients with their day-to-day corporate governance and compliance obligations, including beneficial ownership requirements and statutory reporting.
In addition to her core focus on corporate law, Dr Ciantar-Barbara has handled various employment law matters, offering guidance on issues such as employment contracts and workplace policies.
Proud member of the Chamber of Advocates and the Institute of Financial Services Practitioners.
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Seasoned Lawyer, specializing in Maritime and Aviation Law, having graduated from the University of Malta in 2013. Experienced in yacht and aircraft sale and purchase transactions as well as ownership structures, customs importations, and registration. Successfully assisted several companies in acquiring a Maltese Air Operator’s Certificate, as the key link between the applicant and local authorities, while also consulting on regulatory matters.
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