CIRRUS SR 22

RENTAL AGREEMENT

[Date] 2017

PARTIES and KEY TERMS
Aircraft owner: Woodside Heating & Energy Limited, a company incorporated in England and Wales with number 02868418 and registered office at First Floor, Oakwood House, Oakwood Industrial Estate, Loughton, Essex, IG10 3PZ (Owner)
Hirer: [] of [], with passport number [ ], telephone number [ ] and email address [ ]
Aircraft details: Cirrus SR22 G6
Aircraft location: Stapleford Airfield, Essex
Deposit: £ [ ]
Hire Rate: £ [230.00 ] per hour or part thereof (exclusive of fuel)

Peregrine Law Limited. Registered in England and Wales with company number 10003029
Regulated and authorised by the Solicitors Regulation Authority
A list of directors is available for inspection at the registered office at Amadeus House, 27b Floral Street, London WC2E 9DP

RENTAL AGREEMENT

  1. Interpretation
  2. The following definitions and rules of interpretation apply in this agreement.

Aircraft: Cirrus SR22 G6.

Booking Request: has the meaning given to that term in clause 4.2.

Hire: each hire of the Aircraft, within the Rental Period, for an agreed number of hours (subject to a minimum of [ ] hours) as requested by the Hirer in a Booking Request and starting on the Hire Date.

Hire Date: has the meaning given to that term in clause 4.2.

Hire Payment: the total payment required to be paid by the Hirer to the Owner for a Hire which, unless otherwise agreed, will be the number of hours in the Hire multiplied by the Hire Rate.

Hire Rate (exclusive of fuel): £[ ] per hour or part thereof.

Deposit: £[ ].

Location: Stapleford Airfield, Essex.

Rental Period: has the meaning given to that term in clause 3.

Total Loss: due to the Hirer's default, the Aircraft is, in the Owner's reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.

1.2Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.

1.3A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.5Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.6A reference to writing or written includes fax and e-mail.

  1. AIRCRAFT hire

The Hirer shall hire the Aircraftfrom the Owneron an hourly basis during the Rental Period,for use from the Location only, subject to the terms and conditions of this agreement.

  1. Rental Period

The rental period (Rental Period) starts on the date of this agreement and shall continue for a period of [NUMBER] months unless this agreement is terminated earlier in accordance with its terms.

  1. Hire and bookings
  2. At any time during the Rental Period, the Hirer may attempt to book to use the Aircraft for Hire in accordance with the remaining provisions of this clause 4.
  3. If the Hirer wishes to book the Aircraft for a specific Hire, he shall send a booking request (Booking Request) to the Owner in writing setting out the date and the hours (subject to a minimum of [ ] hours) that he wishes to hire the Aircraft (Hire Date). The Booking Request must have been received by the Owner at least 14 days prior to the intended Hire Date.
  4. Within 3 days of receipt of the Booking Request, the Owner shall confirm in writing to the Hirer whether the Aircraft is available to hire on that Hire Date and, if so, the Hire will be deemed to be confirmed for that requested Hire Dateand the Hire Payment will then be due from the Hirer in accordance with clause 5.
  5. If the Hirer wishes to cancel a Hire after the receipt by the Owner of a valid Booking Request, then the reimbursement of any payments received by the Owner in relation to that Hire will be at the sole discretion of the Owner.
  6. Prior to each Hire, the Hirer must provide, or check that the Owner has previously received:
  7. the full name, birth date, nationality, gender and passport number;
  8. details of any pre-existing medical conditions;
  9. an original or a certified copy of his flying licence;
  10. evidence, satisfactory to the Owner, of his total flying hours; and
  11. evidence, satisfactory to the Owner, of his valid Cirrus training,

for himself and each passenger for the relevant Hire.

  1. Hire Payments and Deposit
  2. The Hirer shall pay the Hire Payment and any Deposit to the Ownerin £ (pounds sterling) and by BACS transfer to the Owner at:

(a)Bank:

(b)Sort code:

(c)Account number:

5.2The Hire Payments are exclusive of any applicable taxes and duties or charges which shall be payable by the Hirer at the rate and in the manner from time to time prescribed by law.

5.3All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5.4If the Hirer returns the Aircraft to the Location any time after the agreed end of the Hire Date then the Owner may require an additional payment to be made.

5.5The Owner may levy Hourly default interest on any payment due under this agreement to him by the Hirer but not made on the relevant due date for payment at the Bank of England base rate plus 10%.

5.6The Deposit is a deposit against any loss of or damage caused to the Aircraft by the Hirer or anyone else during a Hire booked by the Hirer or the late return of the Aircraft from a Hire. If the Hirer causes any loss or damage to the Aircraft (in whole or in part) or returns the Aircraft late, the Owner shall be entitled to apply the Deposit against such default, loss, damage or late return. The Deposit (or balance thereof) shall be refundable within 10 days of the end of the Rental Period.

  1. availability of the aircraft
  2. The Owner shall use all reasonable endeavours to ensure the Aircraft is available for us by the Hirer at the Location at the start of each Hire. Title and risk shall transfer in accordance with clause 7 of this agreement.
  3. The Hirer shall be present at the Location at the start of each Hire. Acceptance of the Aircraft at the start of each Hire by the Hirer shall constitute conclusive evidence that the Hirer has examined the Aircraft and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by the Owner, the Hirer shall sign a receipt confirming such acceptance.
  4. Title and risk
  5. The Aircraft shall at all times remain the property of the Owner, and the Hirer shall have no right, title or interest in or to the Aircraft (save the right to possession and use of the Aircraft subject to the terms and conditions of this agreement).
  6. The Hirershall give immediate oral and written notice to the Owner in the event of any loss, accident or damage to the Aircraft(and/or any damage or injury to any persons or property caused by the Aircraft) arising out of or in connection with the Hirer's possession or use of the Aircraft.
  7. Hirer's responsibilities
  8. The Hirer shall during each Hire:
  9. ensure that the Aircraft is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;
  10. not land or attempt to land the Aircraft on a farm strip or any other unlicensed airfield;
  11. not fly IMC (Instrument Meteorological Conditions) unless he has proved, to the satisfaction of the Owner, that he has the appropriate rating;
  12. take such steps (including compliance with all safety and usage instructions provided by the Owner) as may be necessary to ensure, so far as is reasonably practicable, that the Aircraft is at all times safe and without risk to health;
  13. make no alteration to the Aircraft and shall not remove any existing component(s) from the Aircraft without the prior written consent of the Owner;
  14. at all times keep the Aircraft in the possession or control of the Hirer;
  15. maintain fuel, operating and maintenance records of the Aircraft and make copies of such records readily available to the Owner, together with such additional information as the Owner may reasonably require;
  16. not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Aircraft or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
  17. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Aircraft;
  18. not suffer or permit the Aircraft to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Aircraft is so confiscated, seized or taken, the Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Aircraft and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
  19. deliver up the Aircraft at the end of the Hire at the Location; and
  20. not do or permit to be done anything which could invalidate any insurance maintained by the Owner.
  21. The Hirer acknowledges that the Owner shall not be responsible for any loss of or damage to the Aircraft arising out of or in connection with any negligence, misuse, mishandling of the Aircraft or otherwise caused by the Hirer or any person known to or otherwise connected with the Hirer, and the Hirer undertakes to indemnify the Owner on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of this agreement.
  22. owner’s Warranties
  23. The Owner warrants that the Aircraft shall substantially conform to its specification (as made available by the Owner), be of satisfactory quality and fit for purpose.
  24. The Owner warrants that the Aircraft has a public certificate of airworthiness and is owned and controlled by the Owner.
  25. hirer’s warranties
  26. The Hirer warrants that
  27. he will be the only person flying the Aircraft during each Hire Period;
  28. he has a minimum of 250 hours PIC (Pilot in Command)experience in a Cirrus or similar small aircraft;
  29. he has a current pilot’s licence and any appropriate medical certificates, if necessary;
  30. his pilot’s log book is up to date and accurate; and
  31. all information provided to the Ownerpursuant to this agreement, or to any relevant authority or other third party relating to the Aircraft or his pilot’s licence, is true, accurate, current and not misleading.
  32. At any time during the Rental Period, the Owner may require the immediate presentation by the Hirer of evidence to supportthe satisfaction of these Hirer warranties.
  33. Liability
  34. Without prejudice to clause 11.2, the Owner's maximum aggregate liability for breach of this agreement, whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Hire Payment.
  35. Nothing in this agreement shall exclude or in any way limit:
  36. either party's liability for death or personal injury caused by his own negligence;
  37. either party's liability for fraud or fraudulent misrepresentation; or
  38. or any other liability which cannot be excluded by law.
  39. This agreement sets forth the full extent of the Owner's obligations and liabilities in respect of the Aircraft and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Owner except as specifically stated in this agreement. Any condition, warranty or other term concerning the Aircraft which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.
  40. `Termination
  41. Without affecting any other right or remedy available to it, the Owner may terminate this agreement with immediate effect by giving notice to the Hirer if:
  42. the Hirer fails to pay any amount due under this agreement on the due date for payment;
  43. the Hirerreturns the Aircraft late after any Hire;
  44. the Hirer commits a breach of any other term of this agreement;
  45. the Hirer (being an individual) is deemed either unable to pay his debts or as having no reasonable prospect of so doing;
  46. the Hirer is the subject of a bankruptcy petition, application or order; or
  47. the Hirer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
  48. This agreement shall automatically terminate if a Total Loss occurs in relation to the Aircraft.
  49. Consequences of termination
  50. Upon termination of this agreement, however caused:
  51. the Owner's consent to the Hirer's possession of the Aircraftfor any booked Hires shall terminate; and
  52. without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to the Owner on demand:

(a)all Hire Payments and other sums due but unpaid at the date of such demand;

(b)any costs and expenses incurred by the Owner in recovering the Aircraft and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport and legal costs).

13.2Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

  1. Force majeure

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

  1. Assignment and other dealings

This agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.

  1. Entire agreement
  2. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  3. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
  4. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties.

  1. No partnership or agency
  2. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
  3. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
  4. Further assurance

At its own expense, each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement.

  1. Counterparts
  2. This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
  3. No counterpart shall be effective until each party has executed at least one counterpart.
  4. Third party rights
  5. Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
  6. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
  7. Notices
  8. Any notice given to a party under or in connection with this contract shall be in writing and shall be:
  9. delivered by hand or by pre-paid first-class post or other next working day delivery service at the address given on the front page of this agreement ; or
  10. sent by email:

(a)to the Owner at; or

(b)to the Hirer at the email address given on the front page of this agreement.

22.2Any notice shall be deemed to have been received:

22.2.1if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

22.2.2if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or at the time recorded by the delivery service; or

22.2.3if sent by email, at the time the recipient’s server’s records show that the email was received or, if that record is not available, at the time the sender’s server confirms the email was delivered.

22.3This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

  1. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.