Conditions of Use
LEEDS BRADFORD AIRPORT LIMITED
STANDARD CONDITIONS OF USE BY AIRLINES AND AIRCRAFT OPERATORS
IMPORTANT NOTE: The Unfair Contract Terms Act 1977 affects terms or notices which exclude or restrict liability for negligence. Your attention is drawn to the clauses (particularly Clause 9) in these Standard Conditions of Use which exclude or limit the Company's liability.
1. General Conditions
1.1 The use of the Airport by the Operator or on its behalf is subject to:-
1.1.1 these Conditions; and
1.1.2 compliance with the local traffic regulations published from time to time in the AGA Section of the United Kingdom Aeronautical Information Publication (UK Air Pilot) and NOTAMS; and
1.1.3 compliance with the Airport Aerodrome Manual and with the byelaws, instructions, orders, rules, regulations or directions published from time to time by the Company, the Civil Aviation Authority or the Department of the Environment Transport and the Regions; and
1.1.4 oral instructions, orders or directions given by any duly authorised employee or agent of the Company.
1.2 The Company reserves the right at any time to vary the terms set out in these Conditions.
2.1 A list of the Company's current Charges are shown in the Schedule.
2.2 The Company reserves the right at any time to vary, amend or discharge any of the Charges set out in the Schedule. Any variation to the Charges shall be effective on 14 days notice being given by the Company to the Operator of such variation.
2.3 No reduction or exemption from Charges will be allowed by reason of the temporary unavailability of any Services, assistance, supplies or other facilities. The Company accepts no liability for payment of any additional charges which the Operator or Handling Agent may incur in the event of such a diversion or requirement to land at another landing site.
2.4 The Company shall be entitled at its sole discretion to reduce or waive any of the Charges but such reduction or waiver shall be of no effect unless it is in writing and signed by the Managing Director. In particular, the Company may reduce or waive Charges for specific categories of Aircraft or for Schedules Services if the Managing Director considers that it is in the interests of the Company to encourage the development of traffic.
3.1 The Managing Director may at any time order an Operator to:-
3.1.1 move a parked Aircraft to another position; or
3.1.2 remove it from the Airport.
If the Operator fails to comply with such an order within the period specified the Company shall be entitled to charge the Operator a surcharge of such amount as the Company considers to be fair and reasonable in the circumstances.
3.2 The Operator shall not park, hangar, or house an Aircraft at the Airport for periods in excess of one month without the prior written agreement of the Managing Director.
4.1 The only services provided by the Company under these Conditions are those associated with the operation of Aircraft airside, the provision of labour for baggage handling and/or the provision of baggage trolleys, baggage conveyors and towing vehicles, fork lifts, scissor lifts and vehicles (and such other equipment and/or services as may be made available by the Company from time to time) to undertake any of the following, subject to the availability of staff, vehicles and equipment:-
4.1.1 loading and off-loading of Passenger baggage and its transfer between Aircraft and the airside entrance of the Terminal under supervision of the Operator;
4.1.2 loading and off-loading of Freight and its transfer from the Aircraft as required on the Airport's premises under the supervision of the Operator;
4.1.3 stowing and securing of baggage and Freight in the Aircraft as directed by the Operator;
4.1.4 marshalling of Aircraft;
4.1.5 transport of airside Passengers.
Any services other than those referred to in this Clause 4.1 will be provided by the Company subject to the Company's separate standard conditions for the supply of services (as amended from time to time), a copy of which is available on request from the Company.
4.2 If an Operator chooses to use any of the Services provided by the Company under Clause 4.1 the Operator shall:-
4.2.1 be responsible for supervising and directing the loading into the Aircraft and the positioning and securing in the Aircraft of all baggage and Freight so as to ensure the safety of the Aircraft both in the air and on the ground;
4.2.2 be responsible for safe custody at all times of diplomatic mail and precious goods;
4.2.3 provide suitable facilities both landside and airside for the handling and transportation of disabled Passengers;
4.2.4 provide any special equipment necessary for the handling of heavy and awkward items of Freight, or pay for the hire of such equipment, plus any administrative charges which are incurred by the Company in arranging the hire of such equipment;
4.2.5 provide all materials including rope, webbing, timber and matting, which may be required for the proper stowing and securing of dead loads in the Aircraft;
4.2.6 ensure that its staff are adequately trained and co-operate fully with those of the Airport to ensure the safe, efficient and economical operation of the Services.
4.3 If an Operator uses a third party to provide any services associated with the operation of Aircraft airside at the Airport, it shall first obtain the Company's consent to the provision of the services and the identity of that third party. The Company reserves the right to withdraw its consent to any third party used by the Operator to provide such services, but only where there are reasonable grounds for doing so.
4.4 If the Company, at its sole discretion, considers that the Operator has not fulfilled its obligations under Clause 4.2 and 4.3, then the Company shall be entitled to charge the Operator a surcharge of such amount as the Company considers to be fair and reasonable in the circumstances.
4.5 The Company reserves the right at its sole discretion to modify, suspend or terminate the provision of the Services at any time.
5.1 Where it is shown after departure that an Aircraft has not complied with the night target noise levels published in the UK Air Pilot under Noise Abatement Procedures (as amended from time to time) a surcharge will be levied in accordance with the provisions of the Schedule.
5.2 Where any Flight imposes an additional policing requirement over and above the services normally provided at the Airport, a surcharge will be levied in accordance with the provisions of the Schedule.
6.1 If the Company has agreed credit facilities with the Operator, payment shall be due within 28 days of the date of the Company's invoice (or within such other credit period as may be agreed in writing). Any queries relating to the invoice must be raised in writing by the Operator within that 28 day period or credit period as applicable.
6.2 If the Company has not agreed credit facilities with the Operator or the credit facilities have been withdrawn, payment shall be due on demand and, in any event, before the Aircraft in relation to which the Charges have been incurred departs from the Airport.
6.3 Any credit or discount facilities granted by the Company may be immediately withdrawn by the Company following default in payment on the due date for payment or breach of any of these Conditions or on the occurrence of any event referred to in Clause 13 of these Conditions.
6.4 All payments shall be made in Sterling or, at the sole discretion of the Company, in Euros.
6.5 If the Operator fails to make payment on the due date for payment, the Company shall be entitled to charge interest from the due date of payment until payment is made in full, calculated on a daily basis on the amount unpaid at the rate of 4% per annum above the base rate of National Westminster Bank Plc.
7.1 So long as an Aircraft, its parts and accessories or any vehicle shall be upon the Airport or upon any land under the control of the Company, if Charges, costs or other liabilities of whatever nature and whenever incurred are not paid by the due date, the Company shall have a continual contractual lien both particular and general over such Aircraft, its parts and accessories and any vehicle until payment in full is made. The Company shall be entitled to prevent the Operator (or any one acting on the Operator's behalf) from removing the Aircraft, its parts and accessories or any vehicle from the Airport or any land under the control of the Company. If an Aircraft is removed from the Airport or any land under the control of the Company the said lien shall not be lost by reason of such removal but shall continue and shall be exercisable at any time when the Aircraft has returned to and is upon the Airport or any land under the Company's control (so long as any Charges, costs or other liabilities shall remain unpaid, whether incurred before or after such departure). For the avoidance of doubt the lien shall be exercisable inter alia, in respect of:-
7.1.1 interest payable pursuant to Clause 6.5; and
7.1.2 all Charges, costs or other liabilities in respect of the relevant Aircraft, whether incurred by the Operator or by a third party; and
7.1.3 all Charges, costs or other liabilities owed by the Operator to the Company whether in respect of the relevant Aircraft, any other Aircraft or otherwise.
7.2 If payment of any Charges, costs or liabilities as referred to in Clause 7.1 is not made to the Company within 28 days after a letter demanding payment has been sent by post addressed to the Operator or to the registered owner of the Aircraft at its last known address, the Company shall be at liberty from time to time and in such manner as it shall think fit to sell, remove, destroy or otherwise dispose of the Aircraft and/or any of its parts and accessories or any vehicle. In such event, the Company shall be under no duty to obtain the best possible price. The Company may apply the sale proceeds in discharging any Charges, costs or other liabilities due to the Company and any fees, expenses or costs incurred in connection with such sale, removal, destruction or disposal of the Aircraft, before accounting for any balance to any party entitled to it.
7.3 The Company's contractual rights under Clauses 7.1 and 7.2 shall be in addition to and without prejudice to any right of detention or any other remedy which the Company may have whether under the Civil Aviation Act 1982 or any other statutory provision.
7.4 If an Aircraft is detained pursuant to Section 88 of the Civil Aviation Act 1982 and Charges are not paid within 56 days of the date when detention began, the Company may, sell any detained Aircraft, its parts and accessories or any vehicle (subject to the provisions of the said Section 88) in order to satisfy any such Charges.
7.5 Neither the Company nor its servants or agents shall be liable for loss of or damage to the Aircraft, its parts and accessories or any vehicle occurring while the Aircraft is being removed or dealt with in accordance with this Clause 7, whether or not arising or resulting directly or indirectly from any act, omission, neglect or default on the part of the Company, its servants or agents.
8. Handling Agents
8.1 The Operator shall appoint a handling agent in accordance with the requirements published in the UK Air Pilot Local Traffic Regulations (as amended from time to time). The Operator shall ensure that the Handling Agent provides the handling services in accordance with the IATA ground handling agreement.
8.2 The Operator or its Handling Agent shall furnish to the Company, in such form as the Company may from time to time determine, information relating to the Movements of its Aircraft at the Airport within 24 hours prior to each of those Movements, including information about the number of all Passengers and the volume of baggage and Freight embarked and disembarked at the Airport, and such other information as the Company may reasonably require.
8.3 The Operator or its Handling Agent shall also furnish to the Company on demand, in such form as the Company may from time to time determine, details of the Maximum Take Off Weight in respect of each Aircraft owned or operated by the Operator or any changes thereto.
8.4 Without prejudice to its other remedies and actions at law, where the Operator or its Handling Agent fails to provide the information required under this Clause 8, the Company shall be entitled to assess the Charges payable by the Operator by reference to the Maximum Take Off Weight and the maximum Passenger capacity of the Aircraft type. The Operator shall pay such Charges assessed by the Company.
8.5 The Operator or its Handling Agent shall furnish to the Company within 7 days of a written request made by the Company copies of Aircraft load sheets to enable verification of all details with respect to the Passengers carried on any flights departing from the Airport during a specified period. This provision shall also apply to the furnishing of copies of extracts from Aircraft flight manuals to enable verification of Aircraft weight and noise characteristics. The Operator shall, following a request in writing made by the Company, produce for inspection by any person duly authorised in writing by the Company the original or copies of such documents.
8.6 The Operator of any flight requiring clearance by Immigration, Ports Police, Port Health or HM Customs are required to nominate a Handling Agent.
9. Liability of the Company and the Operator
9.1 Nothing contained in this Clause shall limit or restrict the Company’s liability for death or personal injury resulting from its negligence.
9.2 Neither the Company nor any employees, servants or agents of the Company shall be liable for any loss or damage to the Aircraft, its parts or accessories, or any property contained in the Aircraft, or any other property of the Operator or under its control occurring while the Aircraft is:-
9.2.1 at the Airport, including any damage whatsoever caused by adverse weather conditions; or
9.2.2 in the course of taking off or landing at the Airport;
9.2.3 in the course of being removed or dealt with pursuant to Clause 7; or
9.2.4 in the course of parking, manoeuvring or taxi-ing of the Aircraft;
arising or resulting directly or indirectly from any act, omission, neglect or default on the part of the Company, its employees, servants or agents unless done by the Company or any of its employees, servants or agents with intent to cause damage or recklessly and with the knowledge that damage would probably result, provided that if an Aircraft is causing an obstruction to the normal operation of the Airport and is moved to remove that obstruction, such knowledge shall not result in the Company's liabilities as aforesaid.
9.3 Neither the Company nor any of its employees, servants or agents shall be liable for any loss or damage (including consequential loss or damage), costs or expenses arising from or relating to acts or omissions of third parties at the Airport, whether such third parties are users of the Airport, members of the public, intruders or otherwise, and whether contributed to by any act, omission, neglect or default on the part of the Company, its employees, servants or agents.
9.4 The Operator shall be liable for environmental loss, damage, costs and expenses in accordance with Clause 11.
9.5 The Operator shall at all times fully and promptly indemnify and keep indemnified the Company, its servants and agents against any liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of any death, personal injury or loss or damage (whether to property or otherwise) whether direct, indirect or consequential and of any kind and however such loss, damage or injury may be caused including, without prejudice to the generality of the foregoing, any claim arising or resulting directly or indirectly from any act, omission, neglect or default on the part of the Company, its employees, servants or agents or the Operator, its servants or agents or any other person connected to the Operator in any way, relating to or arising out of the Operator's use of the Airport.
9.6 The Operator shall be responsible for taking all steps necessary to secure their Aircraft if it is parked or housed at the Airport and shall indemnify the Company against all or any loss, damage or liability which the Company may suffer or incur as a result of the failure to do so by the Operator.
10.1 The Operator shall effect and maintain passenger and third party liability insurance in respect of any Aircraft operated or used by the Operator at the Airport of not less than two million pounds (£2,000,000) (or such other reasonable amount as the Company may at its discretion from time to time notify in writing, either generally or in respect of Aircraft of a specific size and/or type). The Operator shall on demand produce to the Company or its duly authorised representative, sufficient documentary proof of such insurance including the security thereof.
10.2 In respect of any vehicle which the Operator, its servants, Handling Agents or associates may use or operate on the part of the Airport which is from time to time 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. The Operator shall on demand produce to the Company or its duly authorised representative, sufficient documentary proof of such insurance.
10.3 The Operator shall at all times fully indemnify and keep indemnified the Company against any breach of this Clause 10 (but without prejudice to any other rights of the Company under these Conditions, whether the same shall be enforced by the Company or not).
11. Environmental Laws
11.1 The Operator shall ensure that it complies fully with all Environmental Laws and, without limitation to the foregoing, shall not cause a nuisance (common law or statutory) to any owner of property in the vicinity of the Airport.
11.2 The Operator shall be liable for any loss or damage (including consequential loss or damage), costs and expenses including the cost and expense arising from or relating to cleaning or making safe any spillages of waste, dangerous substances or other materials (including aviation fuels), whether arising from or relating to acts or omissions of the Operator or third parties acting on its behalf.
12. Force Majeure
The Company shall not be in breach of contract by reason of any delay in performing or providing, or any failure to perform or provide, any Services, facilities or supplies, if the delay or failure is beyond the reasonable control of the Company including, without limitation, delay or failure caused by explosion, adverse weather conditions, fire or accident, sabotage, terrorist act, bombings or threats of bombings, strikes or other industrial action, security alerts, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any government or other authority, air traffic control delays or restrictions, shortage or unavailability of temporary or permanent labour, power failure or breakdown in machinery or equipment or the failure or obstruction of any runway or taxiway.
13.1 Without prejudice to any other right or remedy available to it, the Company shall be entitled to withhold all Services, facilities or supplies from the Operator without being under any liability to the Operator and all Charges and other indebtedness in respect of Services, facilities or supplies already provided to the Operator shall become immediately due and payable if:-
13.1.1 the Operator breaches any provisions of the Conditions or ceases (or threatens to cease) use of the Airport; or
13.1.2 the Operator does anything or fails to do anything which would entitle a creditor to appoint a receiver, or to present a petition for winding up or bankrupting the Operator or to apply for an administration order or a voluntary arrangement in relation to the Operator under the Insolvency Act 1986; or
13.1.3 a resolution is passed for the winding up of the Operator (otherwise than for the purposes of amalgamation or reconstruction whilst solvent), or if the Operator ceases or threatens to cease to carry on its business by reason of insolvency or otherwise or if any execution of distress is levied against the Operator; or
13.1.4 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the Operator.
14. Authority to Board Aircraft
The Company, its servants or agents shall have the authority to board any Aircraft at the Airport for any purpose connected with the operation of the Airport and may require an Operator to pay the costs so incurred by it.
15.1 In so far as any term of these Conditions is affected by the Unfair Contract Terms Act 1977 such are considered by the Company and the Operator to be fair and reasonable.
15.2 The Company accepts no liability whatsoever for the omission, innocent misstatement or any representation made by the Company, its servants, Handling Agents or officers and relied upon by the Operator.
15.3 The Operator shall not without the express written consent of the Company be entitled in respect of any claim it may have against the Company or otherwise to make any set-off against or deduction from the Charges and must pay such Charges in full pending resolution of any such claim.
15.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions shall not be affected thereby.
15.5 No waiver by the Company of any breach of any provisions of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provisions.
15.6 These Conditions and any contract between the Company and the Operator of the Airport for the provision of services facilities or supplies shall be governed by and construed in accordance with English Law and the English Courts shall have exclusive jurisdiction in all matters relating thereto.
16.1 In these Conditions and the Schedule the following words and expressions shall have the meanings assigned to them below:-
"Aircraft" means fixed wing Aircraft and helicopters including integral parts and accessories, equipment and stores.
"Airport" means Leeds Bradford® Airport situated at Leeds LS19 7TU which is operated by or under the control of the Company.
"Air Transport Movement" means landings or take-offs of Aircraft engaged in the transport of Passengers, Freight on commercial terms. All scheduled movements including those operated empty, loaded charter and air taxi movements are included. Where Flights are operated on a sub-charter basis the Operator is identified according to the Flight number.
"Charges" means the charges detailed in the Schedule, as amended from time to time.
"Company" means Leeds Bradford International Airport Limited whose Registered Office is at Leeds LS19 7TU which expression shall include any successor or assignee of the Company and its or their respective servants, agents or licensees.
"Conditions" means these Standard Conditions of Use by Airlines and Operators (including the Schedule).
"Domestic Passenger" means any Passenger who departs from the Airport for a destination point within the United Kingdom, Channel Islands, the Isle of Man or Northern Ireland.
"Environmental Laws" means all or any applicable law, without prejudice to the generality of the foregoing including Section 57 and Schedule 22 of the Environment Act 1995 together with any guidance and regulations adopted under those provisions, including common law, statute, statutory instrument, regulation, code of practice or guidance, European law, directives, regulations, decisions of the European Court and any byelaw, order, notice, demand, decree, injunction, resolution or judgement of any competent authority which has as a purpose or effect prevention of harm to the environment and relates in any way to any hazardous substance or packaging, noise, vibration, radiation or interference with use or enjoyment of land or the erection, occupation or use of man-made or natural structures above or below ground.
"Flight" shall have the same meaning as in the Air Navigation Order 1989 as amended.
"Freight" means any cargo including mail.
"Handling Agent" means a handling agent appointed by the Operator and licensed and approved by the Company for the provision of Passenger ground handling services which handling agent shall be deemed to be an agent of the Operator and responsible for the payment of any Charges incurred by it.
"International Passenger" means any Passenger who departs from the Airport for a destination point outside the United Kingdom, Channel Islands, the Isle of Man or Northern Ireland.
"Managing Director" means the Managing Director of the Company from time to time or his nominated deputy.
"Maximum Take Off Weight" means an Aircraft with the maximum total weight at which the Aircraft may take off in the United Kingdom in the most favourable circumstances in accordance with the Certificate of Air Worthiness for the time being in force. However, if that Certificate indicates a maximum total weight at which the Aircraft may taxi, that weight shall be taken to be the Maximum Take Off Weight.
"Movement" means in relation to an Aircraft either the taking off or the landing of that Aircraft and in relation to baggage or Freight handling one complete operation of either loading or unloading an Aircraft, as the case may be.
"Operator" means the person or organisation for the time being having the management or possession of the Aircraft whether owner, user, pilot or otherwise and shall include that person's or organisation's respective servants, agents and contractors using, attempting to make use of or having used the facilities offered by the Company at the Airport or elsewhere.
"Passenger" means any person joining or leaving an Aircraft at the Airport with the exception
of the flight crew and cabin staff operating that Aircraft.
"Schedule" means the Schedule to these Conditions setting out the Charges for use of the Airport, as amended from time to time by the Company.
"Scheduled Service" means a service operated according to a published timetable (as amended from time to time) and available for use by members of the public.
"Services" means the services provided by the Company associated with the operation of Aircraft airside as the same are more particularly described in Clause 4 of these Conditions and in the Schedule.
"Time of Landing" means the time recorded by the Air Traffic Services as the time of touch down of an Aircraft.
"Time of Take Off" means the time recorded by the Air Traffic Services as the time when the Aircraft is airborne.
"Transit Aircraft" means an Aircraft engaged in carrying out a Scheduled Service which lands at the Airport for partial loading or unloading.
16.2 In these Conditions unless the context otherwise requires:-
16.2.1 words importing any gender include every gender and words importing the singular include the plural and vice versa;
16.2.2 words importing persons include firms, companies, corporations and vice versa;
16.2.3 references to Certificate of Air Worthiness shall include any validations thereof and any Flight manual or performance schedule relating to the Aircraft;
16.2.4 reference to any statute or statutory provisions includes a reference to that statute or a statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments pursuant to it; and
16.2.5 any sum payable by one party to the other shall be exclusive of Value Added Tax which shall, where it is chargeable, be paid in addition to that sum.