TERMS AND CONDITIONS OF USE
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TERMS AND CONDITIONS OF USE
1. DEFINITIONS
1.1 "Airport" means all that area comprising Blackbushe Airport
at Camberley, Surrey which is operated by or under the control of
the Company. The term "airport" shall be interchangeable with the
terms "airfield", "airstrip", aerodrome" or any other like term,
where the context so dictates and such terms shall bear their
ordinary and usual meaning according to English Law.
1.2 "Company", shall mean Blackbushe Airport Limited and shall
include any associated, subsidiary or holding company of the
Company.
1.3 "Operator" shall mean the person or organisation from time
to time having the management or possession of an aircraft, whether
owner, user, pilot or otherwise and shall mean the person(s) or
body or organisation (and their respective servants, agents and
contractors) using, attempting to make use of, or having used, the
facilities or services offered by the Company at the Airport or
elsewhere.
1.4 "Conditions" means these Terms and Conditions of Use of the
Airport and any Rules and Procedures relating to the use of the
Airport, and any orders, instructions, directions or bye-laws
respectively from time to time in force whether in writing or
otherwise made by the Company or on its behalf. A copy of the
Conditions and any Rules and Procedures will be available on
request from the Airport Manager and/or the Company but shall be
deemed to bind the Operator whether or not a copy has been
requested. In the event of inconsistency and so far as permitted by
law these Conditions shall take precedence over any other
conditions or terms. The Conditions shall be construed in all
respects according to English Law. For the purposes of being bound
by these Conditions the Operator warrants that he has full
authority and power to bind as his agent any owner, lessor,
mortgagor, lender or pilot of the aircraft and all their respective
servants, agents or contractors.
2. USE OF THE AIRPORT AND ITS FACILITIES
2.1 The use of the Airport by the Operator or on his or their
behalf is subject to the Conditions which shall apply equally to
the provision of all facilities or services provided or offered to
be provided by the Company and are hereby deemed to be incorporated
into any agreement, contract or other legal relationship entered
into or to be entered into by the Company with the
Operator.
2.2 The Company shall be entitled to vary the Conditions from
time to time, at its discretion and as it sees fit. Provided such
variations have been brought to the notice of the Operator or are
deemed to have been brought to his notice, such variations shall be
binding on the Operator.
2.3 Save in the case of Landside self handling and subject
always to the terms of the European Community Council Directive
96/67/EC, the Company has the exclusive right to provide any
service which it desires and sees fit at the Airport and any
Operator wishing to provide the same, similar or different services
must first submit a written application to the Airport Manager of
the Company for due consideration.
2.4 The Company reserves the right to take whatever action it
thinks necessary to maintain the runway at the Airport in a safe
condition for aircraft to operate. The Operator agrees that in the
event of an incident whereby the runway or adjacent taxiways are
obstructed by an immobilised aircraft, the Company will remove or
arrange for the removal of the immobilised aircraft forthwith once
the necessary clearances have been obtained from the regulatory
authorities with time being of the essence.
2.5 The Airport Manager, or his nominated deputy, may at any
time order an Operator to move a parked aircraft to another
position on the Airport or to remove it from Airport.
2.6 The Company, its servants or agents, shall have the
authority to board an aircraft at the Airport for any purpose
connected with the operation of the Airport and may require an
Operator to pay the costs incurred by the Company in so
doing.
3. CHARGES
3.1 A copy of the current list of the Company's fees and charges
will be available on request and will be available for inspection
by the Operator at the Airport and promulgated in appropriate
publications. The publication of the list and the delivery of such
to the Operator is without prejudice to the Company's right to vary
from time to time any of its fees or charges therein stated in any
way it sees fit. The display of any notice or delivery of a list of
fees or charges is not to be construed as an offer on the part of
the Company to provide any facilities or services either for the
fees or charges specified.
3.2 The Company will give to the Operator such notice as is
reasonable in all the circumstances of any variation in fees or
charges.
4. PAYMENT
4.1 The Operator shall pay the appropriate charges for the
landing, parking or housing of aircraft. The Operator shall also
pay for any supplies, services or facilities provided to him or the
aircraft by the Company. All such charges shall be due and payable
at the sole discretion of the Company before an aircraft departs
from the Airport.
4.2 All fuel remains the property of the Company until paid for
in full. The aircraft into which the fuel has been delivered may be
detained by the Company until payment has been received.
4.3 Payment of any unpaid charges shall in any event be due on
the 30th day after delivery of the Company's invoice to the
Operator.
4.4 The Operator shall pay interest on any sum outstanding at
the amount of 4% above the Bank of England Base Rate existing at
the time, such interest to accrue on a daily basis.
4.5 For the avoidance of doubt Section 88(1) of the Civil
Aviation Act 1982 entitling the Company to detain aircraft for the
non payment of charges applies to these Conditions. Section 88 (1)
provides as follows:
"Where default is made in payment of airport charges incurred in
respect of any aircraft at an aerodrome to which this section
applies, the aerodrome authority may (subject to the provisions of
this section)
a) detain pending payment either:
i) the aircraft in respect of which the
charges were incurred whether or not they were incurred by the
person who is the operator of the aircraft at the time when the
detention begins; or
ii) any other aircraft of which the person in default is the
operator at the time when the detention begins; and
b)if the charges are not paid within 56 days
of the date when the detention begins, sell the aircraft in order
to satisfy the charges".
Section 88(2) requires the aerodrome authority to release such
aircraft on receipt of sufficient security for the payment of the
charges which are alleged to be due.
5. LIEN
5.1 So long as an aircraft (or aircraft), or any parts and
accessories or any vehicle are located at the Airport or upon any
land under the control of the Company, the Company shall have a
contractual lien, both particular and general over the aircraft,
its parts and accessories and any vehicle for all charges, costs,
fees or any other liabilities of whatever nature which are due and
payable to the Company in respect of that aircraft, or any other
aircraft of which the Operator is the Operator at the time when the
lien is exercised. The lien shall not be lost by reason of the
aircraft departing from land in the control of the Company but
shall continue to be exercisable at any time when the aircraft or
any other aircraft of the Operator has returned to and upon any
such land so long as any of the said charges, costs, fees or other
liabilities, whether incurred before or after such departure remain
unpaid.
5.2 The Company shall be entitled to levy fees incurred in
respect of any aircraft or property for storage or otherwise during
the period of exercise of the lien and the Company may further
exercise a lien in respect of unpaid charges, costs, fees or other
liabilities as it sees fit.
5.3 If charges, costs, fees or other liabilities in respect of
which a lien is exercised remain outstanding, the Company shall
despatch by ordinary post to the Operator at his address hereon and
to the registered owner of the aircraft at his address on the
appropriate Register in the State of Registration a notice
demanding payment within 14 days of delivery of the letter. In the
event that payment remains outstanding thereafter, title in the
licensed aircraft or property shall vest in the Company and the
Company may at its entire discretion sell, dispose of, remove or
destroy such aircraft or property. In the event of a sale or
disposition the Company shall be under no duty to obtain the best
possible price and may apply the proceeds in discharging any sum
due to the Company and any fees, expenses or costs incurred in
connection with the disposal of the aircraft before accounting for
any balance to any party so entitled.
5.4 The exercise by the Company of the powers set forth in this
Clause 5 shall be without prejudice to the exercise of any other
powers exercisable by the Company by virtue of statute or
otherwise.
6. LIABILITY OF THE COMPANY AND THE OPERATOR
6.1 Where the Operator is other than a Consumer as defined in
the Unfair Terms in Consumer Contracts Regulations 1994, the
Company shall in no circumstances be liable to the Operator for any
physical or economic damage or loss, or any other loss or damage to
property or persons of any kind whatsoever (including without
limitation the aircraft, its parts or accessories or any property
contained in the aircraft) whether direct, indirect or
consequential, caused by breach of contract or statutory duty on
the part of the Company, its servants or agents.
6.2 For avoidance of doubt the Company will not be liable for
any losses, either direct or consequential, incurred by any
operator due to the non availability of the use of the airport
runway or taxiway however caused.
The Company will however make all reasonable efforts to ensure the
availability of the runway and taxiway during normal licensed
hours.
The Company operates a snow and bad weather policy that can be
obtained from the airport management. With regards to the
availability of the runway and taxiway the Airport Manager’s (or
his nominated deputy) decision is final.
6.3 Where the Operator or any person on his behalf or for whom
he is responsible causes death, personal injury or loss or damage
of any kind whether direct or indirect as a result of any
negligence, breach of contract or breach of statutory duty while at
the Airport, the Operator shall indemnify and keep indemnified the
Company in respect of any claim or claims arising
therefrom.
6.4 Permission to use the Airport outside the hours when the
Airport is operating within the terms of the licence granted by the
CAA will be at the Company’s sole discretion and only given subject
to the Operator’s compliance with the requirements of the Air
Navigation Order and Rules of the Air, including but without
limitation to, Rule 20 – Booking In and Out and these
Conditions.
6.5
Any landing or take off from the Airport outside the licensed hours
will not benefit from the services, (including but without
limitation to, the Aerodrome Flight Information Service facilities,
the Rescue and Fire Fighting Service) provided by the Company when
the Airport is operating under licence.
7. INSURANCE
7.1 The Operator will take out and maintain at all times
passenger and third party liability insurance in respect of any
aircraft used or operated at the Airport by the Operator in such
amounts not being less than £5,000,000 (light aviation aircraft) or
£10,000,000 (business aviation aircraft) in accordance with EC
Regulation No. 785/2004 in respect of any one event but shall in
each case be at such levels as the Company at its complete
discretion deems to be reasonable by the virtue of the size and
type of aircraft used or operated by the Operator at the Airport
and the Operator shall from time to time on demand produce evidence
of such insurance to the Company. The Operator must be able to
demonstrate that all aircraft not meeting the above insurance
requirements comply with EU directive EC785 which has been adopted
by the CAA on the 29 April 2005. Further the Operator shall at all
times fully indemnify and keep indemnified the Company against any
breach of this clause without prejudice to any other rights the
Company shall have under these Conditions whether or not such
rights are enforced by the Company.
7.2 In respect of any vehicle which the Operator may use or
operate on that part of the airport which is or has been designated
as "airside", the Operator shall at all times ensure that the
vehicle is fully and properly insured for third party risks for an
appropriate amount having regard to the nature of the risks.
Evidence of such insurance shall be produced to the Company on
demand. The Company's decision as to the adequacy of such insurance
cover shall be binding on the Operator.
7.3 The Operator shall at all times fully indemnify and keep indemnified the Company against any breach of this Clause 7 but without prejudice to any other rights of the Company under these Conditions whether the same shall be enforced by the Company or not.
8. GENERAL
8.1 The Operator shall furnish to the Company information of such
type and in such form as the Company may from time to time require
and determine relating to the movement of aircraft at the Airport
within 24 hours of each of those movements.
8.2 I acknowledge that I have received a copy of the Conditions
and I agree for myself and all others having an interest in the
aircraft that I shall be bound by them.
