Terms and Conditions of Use of Signature Flight Support Ground Handling/Refueling Services in EMEA
1.1. Signature Flight Support agrees to provide to You Ground Handling Services or Refuelling Services.
1.2. If there is a credit agreement in place between You and Signature Flight Support, Signature Flight Support shall send You invoices for the ground handling and/or refuelling services performed hereunder, which You shall pay by bank transfer within thirty (30) days of the date of the relevant invoice as set out in Section 3 of the credit agreement or such other date as may be specified on the invoice.
1.3. In the event that there is no credit agreement in place between You and Signature Flight Support, You shall pay for the ground handling and/or refuelling services performed by Signature Flight Support either by way of bank wire transfer in immediately available funds to an account designated by Signature Flight Support, using a credit card, or by such other method as nominated by Signature Flight Support from time to time. All payments hereunder shall be made in local currency and, in the event no such currency is specified, in British pounds sterling.
1.4. All fees payable pursuant to paragraphs 1.2 and 1.3 above shall be paid together with value added tax or any similar tax (if any) properly charged thereon.
1.5. In the event that any amount payable by You to Signature Flight Support becomes overdue Signature Flight Support may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and claim debt recovery costs in accordance with that Act. If there is a credit agreement in place between You and Signature Flight Support, any failure to abide by the term of the credit agreement may also result in withdrawal of the credit facilities. Signature Flight Support is also entitled to a general and particular lien on any of Your goods in Signature Flight Support’s possession for all amounts due from You to Signature Flight Support under any contract and until provided otherwise Signature Flight Support is entitled to assume that such goods are Your absolute property or, if not owned by You, that You have the authority to put them in Signature Flight Support’s possession subject to these T&Cs. Signature Flight Support may also recover from You all costs and expenses of exercising such lien including (without limitation) storage charges.
1.6. Subject to paragraphs 1.7 and 1.8, Signature Flight Support’s maximum aggregate Liability to You will be limited to USD 1 million. For the purposes of this paragraph 1.6 and paragraphs 1.7 and 1.8, “Liability” shall mean liability arising out of or in connection with these T&Cs, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including (without limitation) any liability arising from a breach of, or a failure to perform or defect or delay in performance of, any of a party’s obligations under these T&Cs, in each case howsoever caused including (without limitation) if caused by negligence.
1.7. Signature Flight Support and its employees, agents, and affiliates will have no liability to You for any:
- loss of profit (whether direct, indirect or consequential);
- loss of use, loss of revenue, loss of production or loss of business (in each case whether direct, indirect or consequential);
- loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
- loss of anticipated savings or loss of margin (in each case whether direct, indirect or consequential);
- loss of bargain (whether direct, indirect or consequential);
- liability of the You to third parties (whether direct, indirect or consequential);or
- indirect, consequential or special loss,
- subject always to paragraph 1.8.
1.8. Nothing in these T&Cs will operate to exclude or restrict any Liability of a party:
- for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
- for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
Any Liability of Signature Flight Support which falls within this paragraph 1.8 will not be taken into account in assessing whether the financial limit in paragraph 1.6 has been reached.
1.9. You shall not make any claim against Us and agree to indemnify Us and Our employees, agents and affiliates in respect of any claims, liabilities, costs, expenses, damages and losses (including any direct or indirect losses or consequential losses, loss of profit, loss of reputation, penalties, and legal costs and all other professional costs and expenses) (“Losses”) suffered or incurred by Us arising out of or in connection with the provision of ground handling and/or refuelling services pursuant to these T&Cs, unless such Losses occur because of the gross negligence or wilful misconduct of Signature Flight Support or one of its employees, agents or affiliates.
1.10. If any part of these T&Cs are found by a court or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term shall be deemed to be severed from the remaining T&Cs and this shall not affect the remainder of the T&Cs which shall continue in full force and effect.
1.11. These T&Cs are subject to English law and any dispute (including in relation to non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the English courts. Nothing in these T&Cs affects Your statutory rights.
1.12. Signature Flight Support reserves the right to unilaterally modify these T&Cs at any time without notice.
2. Prohibited Conduct
2.1. Signature Flight Support services and premises must not be used for any unlawful purpose whatsoever (including, without limitation, in contravention of applicable anti-bribery and corruption laws or regulations – including the UK Bribery Act 2010 and Foreign Corrupt Practices Act of 1977 - or any sanctions imposed by any regulatory authority worldwide).
2.2. You procure that You comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including the Bribery Act 2010.
2.3. In order to preserve the privacy and confidentiality of other passengers, You must conduct Yourself in an appropriate manner and must not approach any other passengers or disclose the presence of such passengers to any third party. Signature Flight Support reserves the right, at its sole discretion, to remove You from Our premises in the event of inappropriate conduct or conduct which infringes the rights (or inhibits the peaceful use and enjoyment of Signature Flight Support) of any other passenger.
2.4. You agree to comply with any laws in force in the United Kingdom from time to time that relate to data protection, the processing of personal data and privacy applicable to the parties to these T&Cs and/or the subject matter or performance of these T&Cs. In the unlikely event that You will process any personal data under these T&Cs, You will enter into Our standard data protection terms (or such equivalent terms as may be updated from time to time).