Terms & Conditions

These Terms and Conditions are the complete and exclusive statement of the understanding between AIROPS24 and the Client with respect to the services which AIROPS24 and the Client contemplate that AIROPS24 will perform for the Client, or for which AIROPS24 will arrange performance for the Client ("Services"), from time to time, at the request of the Client. These Terms and Conditions supersede any and all prior terms and conditions promulgated by AIROPS24. The Terms and Conditions may not be modified or altered except by written instrument signed by AIROPS24.

In order to provide the Services, AIROPS24 may from time to time use information, data or technology provided or licensed to AIROPS24 by third parties. Such parties shall be third party beneficiaries of all rights of AIROPS24 and of all duties owed by Client to AIROPS24 under this Agreement. All weather information, flight planning and other services or products provided hereunder are advisory only, and Client remains primarily and finally responsible to verify the accuracy thereof before use. Neither AIROPS24 nor its suppliers shall be liable to the Client or third parties for errors, delays, or interruptions in providing services or products, or any errors in judgment, or any of their own acts or omissions, including their own negligent acts or omissions.

Under no circumstances are third parties performing Services, arranged by AIROPS24 for the Client, servants, partners, joint ventures or agents authorized to act for, or bind, AIROPS24. AIROPS24 makes no representations or warranties, express or implied, whatsoever as to the competence or standard of Services, available from third parties, arranged by AIROPS24 at the request of the Client. AIROPS24 does agree to follow its standard procedures in the selection of Services, agents and third parties which AIROPS24 deems, in its sole and absolute discretion, most advisable for the provision of Services. AIROPS24 will not deviate from its standard procedures in selection of Services, agents and third parties, unless the Client requests such a deviation and the deviation is agreed upon by AIROPS24 in advance.

AIROPS24 shall not be responsible for any failure to fulfill any Service undertaken by AIROPS24 at the request of the Client if fulfillment has been delayed, hindered, interfered with or prevented by any circumstances whatsoever which are not within the reasonable control of AIROPS24, or by compliance with any order or request of any national, port, transportation, local or other authority or of anybody or person purporting to act for such authority. AIROPS24 shall not be liable for any delays, stoppages, changes or other nonperformance of any Services to the extent that events leading to delays, stoppages, changes or other nonperformance are due to matters beyond the reasonable direct control of AIROPS24. AIROPS24 shall not be responsible for the failure of third parties to render Services to the Client. Client shall have sole responsibility for determining the useability of any information, data or Service provided hereunder.

AIROPS24 may perform the Services requested by the Client either directly or by or through its agents. AIROPS24 shall not be responsible for any misconduct or negligence on the part of any agent appointed by AIROPS24.

Client agrees that AIROPS24 does not have control over the submission of invoices by third party service providers. Consequently, all services incurred by Client are the sole responsibility of Client irrespective of the time elapsed between delivery of those services and request for payment by third party provider of said services.

AIROPS24, its shareholders, directors, officers, employees and agents shall not be liable to any Client for any errors in judgment or any acts or omissions that do not constitute gross negligence or willful or wanton misconduct of AIROPS24. The sole liability of AIROPS24 and the exclusive remedy of Client, for any injury or damage to the Client arising out of the Services and/or products requested of, arranged by, or furnished by AIROPS24 or its suppliers to the Client, shall be the remedy specified in this section.

The Client does release and covenants not to sue AIROPS24 and will, at its own expense, defend any action and hold AIROPS24 harmless from and against all claims, liabilities, losses, expenses, fees and damages arising from actions, or inactions, of the Client involving Services and from any loss of, or damages to property, or injury to any person arising out of the performance of the Services unless solely caused by the gross negligence or wilful misconduct of AIROPS24, its officers, servants or employees.

Client shall maintain, in force, policies of insurance providing insurance coverage with respect to Client's flight operations, including, without limitation, aircraft hull and liability insurance covering bodily injury to passengers and other persons and other property damage. Client agrees that AIROPS24 shall be entitled to the benefit of such insurance to satisfy Client's indemnification obligations to AIROPS24 and Client hereby waives subrogation rights thereunder. This includes the towing services provided by AIROPS24. AIROPS24 cannot be held responsible for the damages arising for the provided towing service, both aircraft damages and loss of production.

To the extent AIROPS24 provides flight plans or any other services or products through third-party suppliers, those suppliers shall be third party beneficiaries of the provisions above that deal with disclaimer of warranty, limitations of liability, insurance, release, and indemnification.

Neither party shall be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including, but not limited to, acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, accidents, labour unrest, interruptions in the delivery of required Services, failure of communication services, or shortages or failures of other critical materials or services.

If any provision of these Terms and Conditions is or becomes ineffective or invalid, this ineffectiveness or invalidity shall not affect the other provisions, which shall remain in full force and effect. In such a case, AIROPS24 and the Client shall negotiate to agree on a substitute provision which reflects the business purpose of the ineffective or invalid provision.