This is the entire agreement between the Client, _________________________________ (“Renter”) and Bay City Flyers, LLC DBA Aero City Jets, a California Limited Liability Company (“ACJ”). It is agreed these terms are contractual and cannot be altered by oral agreement or another document unless such document is signed and agreed to by both the Client and Aero City Jets.
Client (Renter) agrees by his/her submission that he/she has read, is aware of and agrees to abide by the following terms and conditions. ACJ makes no warranties, express or implied.
As used herein “Aircraft” means airplane or simulator (ground training device) as specified throughout this agreement. “ACJ” means “Aero City Jets” and may include registered owner(s) of Aircraft. “Renter” means either the Client or their representative.
OWNERSHIP, CONDITION OF AIRCRAFT, TERM OF CONTRACT, USE OF OR OPERATION OF AIRCRAFT.
Renter acknowledges Aircraft are de facto property of ACJ, although registered title may be in a third party, and agrees to the following limitations to Aircraft use or occupancy:
- Aircraft shall not be operated by any person except Renter or a pilot or instructor authorized / employed by ACJ.
- All flights are to be operated under 14 CFR Part 91 and 61 only.
- Aircraft must not operate outside of the contiguous USA without written permission of ACJ.
- Aircraft may not be used in any competitive event without written permission of ACJ.
- Aircraft must be operated in accordance with the Airplane Flight Manual.
- Aircraft must be operated in a manner so it does not incur any undue hazards to persons or property on the ground.
- Aircraft may not be used for instructional purposes without written permission from ACJ.
- Aircraft may not be used for instruction purposes without submission of valid Renter identification and contact information.
- ACJ reserves the right to refuse dispatch of rental Aircraft at any time.
- ACJ reserves the right to change reserved Aircraft with that of the same type at any time.
RENTER EXPRESSLY AGREES TO PAY AERO CITY JETS ON DEMAND:
- Hours chargeable to Renter as determined by to the nearest tenth of the hobbs meter.
- The greater of the HOBBS or the posted minimums applicable if rented for a calendar time.
- The difference of fuel between starting and ending fuel load.
- Receipts billed to ACJ during rental reservation applicable to utilization and / or occupancy.
- The value of tires, tools and accessories or parts lost or stolen from Aircraft.
- The value of any deicing services used and associated cleaning fees.
- The value of any fine or penalty charged including administrative fees for a legal violation or legal action against the Aircraft or ACJ levied during the rental term of this contract as a result of Renter or passengers actions.
- A five percent (5%) per month carrying charge on all charges not paid within (30) days after they have been incurred.
- All costs incurred including aircraft hobbs time, fuel, pilot services, expenses and fees, if the Aircraft is not returned to the original rental office or FBO without the written consent of ACJ.
- All expenses incurred by ACJ in the collection of monies due to ACJ per this agreement or expenses incurred in regaining possession of Aircraft or in enforcing any term or condition of this agreement, including attorney’s fees, administrative fees and costs.
- The value of repair for all damage to Aircraft and resultant loss and expenses to ACJ. Subject to a maximum amount of the applicable deductible and excess per aircraft type or unrecoverable loss outside of the insurance claim or limits as determined by ACJ.
- The value of any credit card or vouchers presented at Renter discretion to a third party who refuses to honor payment. If a credit card has been presented as a means of deposit or security for Aircraft rental, Renter authorizes charges for all purposes except reimbursement for damage to or loss of Aircraft.
BODILY INJURY/PROPERTY DAMAGE RESPONSIBILITY TO THIRD PARTIES. ACJ does not provide, extend, or afford any insurance coverage to Renter, passenger or authorized operator through this agreement. ACJ’s financial responsibility is expressly limited to those applicable provisions of the Aircraft financial responsibility laws of the state in which the Aircraft is operated. Renter assumes all responsibility for any damage to, destruction of, or loss of property transported by or in the rented Aircraft.
NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY. The Renter is responsible, at a minimum, for the insurance deductible on the Aircraft.
PRIVATE PROPERTY. ACJis not responsible or liable in any manner for loss of, or damage to, personal property left, stored or transported in or on the rented Aircraft.
RELATIONSHIP OF THE PARTIES. The relationship between ACJ and the Renters will be that of independent contractors and not that of principal and agent, nor that of legal partners. Neither Party will represent itself as the agent or legal representative of the other Party nor perform any action that might result in other persons believing that it has authority to contract in any way to enter into commitments on behalf of the other.
FLIGHT INSTRUCTION. Allflight instruction in the Aircraft must be given by a properly certificated and rated instructor named and approved by ACJ.
PILOT IN COMMAND PRIVILEGE. AllRenters acting as pilot in command (PIC) without an employed and approved ACJ pilot providing instruction, mentorship, or pilot services must receive a documented solo-pilot flight checkout from a properly certified and rated instructor appointed by ACJ management before solo use.
FEDERAL AVIATION REGULATIONS (FARs). Each Party is responsible to comply with all applicable Federal Aviation Regulations at all times.
PREFLIGHT, FLIGHT AND POSTFLIGHT.
- Renter will make a careful ground inspection of the Aircraft, its equipment and accessories including, but not limited to, a careful check of required fuel and oil levels and understands acceptance of the Aircraft is testimony of airworthiness and that its equipment and accessories are functioning and in proper working order.
- Renter agrees not to allow passengers to embark or disembark while the engine is running.
- Renter agrees to ensure flights terminate with the following minimum amount of fuel at the end of every flight:
CE510 Cessna Citation Mustang: 600 LBS.
CE525 Cessna Citation M2: 800 LBS.
CE525 Cessna Citation CJ3+: 1000 LBS.
- Renter agrees to return the Aircraft to Aero City Jets’ place of business on or before the return date specified, weather permitting, or sooner if demanded in the case of breaching this contract, by Aero City Jets in the same condition and running order as when received with the exception of ordinary wear and tear.
- Renter agrees that following each flight he/she shall park and securely chock the Aircraft, close and secure all window coverings and doors and install all covers and ready to tow sign installed in window with parking brake off.
- No flights below one thousand (1,000) feet AGL except during takeoff and landing.
- Renter will disconnect the battery if Aircraft is left unattended for more than 2 hours.
PERMISSIONS AND CURRENCY.
- Renter represents and warrants that he/she is the holder of a valid pilot certificate and current medical certificate which will be in his or her possession during each flight and agrees to display the same to Aero City Jets or its representatives upon request. Renter is responsible for maintaining currency as required by all applicable Federal Aviation Regulations and ACJ policies.
- Renter agrees that ACJ in its sole discretion may request additional checkout time or currency requirements.
CANCELLATIONS AND TARDINESS.
- Aero City Jets reserve the right to reallocate the reserved Aircraft after a period of sixty (60) minutes from initial scheduled flight time.
- For single-day reservations, Renter agrees to make the best possible effort to provide a notice of twenty-four (24) hours for the cancellation of all flights, unless due to weather conditions or emergency. Failure to cancel a scheduled single-day flight with twenty-four (24) hours notice will result in a one (1) hour flight charge, and a charge for the entirety of the instructors’ time if an instructor was scheduled.
- For multi-day reservations, a notice of forty-eight (48) hours in advance is required for the cancellation of all flights, unless due to weather conditions or emergency. Failure to cancel a multi-day reservation with less than forty-eight (48) hours notice will result in a one (1) hour charge of specified Aircraft per day reserved up to a maximum of three (3) hours, and a charge for the entirety of the instructors’ time if an instructor was scheduled up to a maximum of two (2) days.
- No show reservations will be charged the entire cost of reserved instructor time and Aircraft daily minimum.
- Aero City Jets must approve having maintenance performed on the Aircraft.
- Renter shall not tamper with or attempt to repair any part of the Aircraft or its equipment or accessories without express written consent of Aero City Jets. All squawks shall be reported to Aero City Jets after each flight.
- The Renter is responsible for any charges incurred for his/her accommodations and/or transportation home in the event maintenance is required away from its primary base.
- In the event of either an accident or incident, Renter will immediately inform Aero City Jets as well as the FAA and appropriate local authorities as required by law. In no event will Renter move the Aircraft after an accident or incident except with the express permission of Aero City Jets or as directed by other authorities having jurisdiction.
SCHEDULING AND BILLING.
- ACJ may, at its sole discretion, accept cash or cash equivalent as a deposit to secure the rental of an Aircraft. If the Aircraft is due back after normal business hours, a deposit or valid credit card must be on file as well as written authorization to charge said card for all charges.
- Overnight minimum for Aircraft is one (1) hobbs hour per night reserved.
- Pilot service and instruction time is billed hourly, with half-day rates (up to four hours) and full day rates (up to eight hours) when applicable by Aero City Jets.
- Pilot service and instruction billing time begins at scheduled reservation or required show time, whichever comes first, and ends at a minimum of thirty (30) minutes after landing or upon completion of pilot services or instruction, whichever is later.
- The minimum charge for pilot services and instruction on an overnight trip is two (2) days.
- Renter is responsible for all expenses required for pilot services including, but not limited to airfare, accommodations, transportation costs and other directly incurred expenses.
- Renter is responsible for paying per diem fees for all schedules in excess of eight (8) hours at the hourly rate detailed in the pricing schedule for every hour, or fraction thereof, the pilot is away from base starting at report for duty and ending upon trip completion.
- Renter understands if he/she requests to use resources for activity outside that defined in the curriculum(s) for fixed-rate courses will be billed at full retail rates for additional resources used.
- Renter understands if dual instruction or wait time is required in a single duty day of eight (8) hours or more, price shall be at one (1) day rate and the regular hourly rate for every hour over eight (8) hours in a twenty-four (24) hour period.
- For purposes of computing rental costs, the number of hours chargeable to Renter shall be determined by the difference in hours shown by the standard hourly recording device installed in the Aircraft prior to dispatch and that value shown after the Aircraft is checked in, to the nearest tenth (0.1) hour for in-flight time. If the recording device seal is broken during Renter’s possession of the Aircraft, then Renter is responsible for repair or replacement of the instrument and a rental charge to be determined by Aero City Jets based on the actual time the Aircraft was in service.
- Charges from third party vendors passed onto ACJ associated with the rental of the Aircraft will incur a twenty percent (20%) processing fee.
- Renter agrees to a minimum fee of three thousand (3000) dollars for leaving the Master or Battery Switch on, or the cost of replacing the battery, whichever is greater.
- Renter agrees to a processing fee of five hundred (500) dollars for each noise abatement occurrence as a result of the Renter’s operation of the aircraft.
- Renter will be responsible for the cost of fuel and fees associated with the operation of the aircraft, including incidental cleaning costs incurred, upon return.
- Under the assumption of airworthiness at dispatch, Renter is responsible for any costs incurred as a result of maintenance or other events even if these events are not caused by the renter to bring the aircraft back to its home base. These costs include the rental rate of the aircraft for transit and associated operational services.
- Renter will be responsible for any damage found in the preflight immediately subsequent to the Renter return flight if such damage was not previously reported. This damage is limited to occurrences that could only reasonably be attributed to operating the aircraft under its own power. Renter is encouraged to conduct a thorough postflight inspection and shall report any discrepancies immediately upon discovery to an ACJ dispatcher or ACJ management.
- Renter acknowledges the lavatory onboard the Aircraft is for emergencies only. The Renter is responsible for restoring the facilities to its dispatched condition. Failure to do so will result in a five hundred (500) dollar charge and associated cleaning fees.
- ACJ, at its sole discretion, may require Renter to pay for any damage(s) to aircraft furnishings and avionics attributable to Renter or their passengers during the rental period. Renter acknowledges that said damage(s) may include, but are not limited to the following items: Aircraft furnishings, upholstery, window coverings or visors, carpets, curtains, cabinetry, seats and cushions, speakers, buttons, knobs, latches, headsets, switches, light covers, aircraft avionics display panels, levers, handles, oxygen mask(s), oxygen bottle(s), emergency equipment, audio jacks, checklists, aircraft manuals, aircraft documents. Exceptions for reasonable wear and tear and aircraft condition at time of rental may be made at ACJ’s sole discretion.
- Renter acknowledges that animals are not allowed inside rented aircraft at any time unless express written approval is obtained from ACJ management prior to rental. ACJ, at its sole discretion, may require an additional deposit and / or payment of at least five hundred (500) dollars for animal carriage upon approval and renter hereby agrees to pay for any damages reasonably caused by the carriage of animals in the aircraft. Any approved animals must be carried in the passenger cabin.
SEVERABILITY. Ifany provisions of this rental agreement are unlawful, contrary to public policy, void or unenforceable, remaining provisions shall continue in full force and effect.
ENTIRE AGREEMENT. This Agreement may be reviewed and modified from time to time with subsequent revisions. The most recent version inclusive of subsequent revisions to this Agreement must be signed by Client and on file with Aero City Jets to dispatch Aircraft or otherwise initiate training.
IN WITNESS THEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as of the date submitted.