- “THE AIRPORT” means all that area comprising Brighton Airport at Shoreham by Sea West Sussex which is operated by or under the control of The Company as hereinafter defined. The term “airport” shall be interchangeable with the terms “airfield”, “airstrip”, “aerodrome” or any other like term, where the context so dictates and such terms shall bear their ordinary and usual meaning according to English Law.
- “The Company” shall mean Brighton City Airport Ltd.
- “The Operator” shall mean the person or organisation from time to time having the management or possession of an aircraft, whether owner, user, pilot or otherwise and shall mean the person(s) or body or organisation (and their respective servants, agent and contractors) using, attempting to make use of, or having used, the facilities or services offered by the Company at the Airport or elsewhere.
- “The Conditions” means these Terms and Conditions of Brighton Airport, the Airport Bylaws and any Rules and Regulations relating to the use of Brighton Airport, and any orders and instructions, directions or bye-laws respectively from time to time in force whether in writing or otherwise made by The Company or on their behalf. A copy of the conditions will be available on request from the Airport Manager and/or the Company but shall be deemed to bind the Operator whether or not a copy has been requested. In the event of inconsistency and so far as permitted by law these conditions shall take precedence over any other conditions or terms. The conditions shall be construed in all respects according to English Law.
- For the purposes of being bound by these Terms and Conditions the Operator warrants that he has full authority and power to bind as his agent any owner, lessor, mortgagor, lender or pilot of the aircraft and all their respective servants, agents or contractors.
2. Use of the Airport and its Facilities
- The use of the Airport by the Operator or on his or their behalf is subject to the conditions, which shall apply equally to the provision of all facilities or services provided or offered to be provided by The Company, and are hereby deemed to be incorporated into any agreement, contract or other legal relationship entered into or to be entered into by The Company with the Operator.
- The Company shall be entitled to vary the conditions from time to time, at its discretion and as it sees fit. Provided such variations have been brought to the notice of the Operator or are deemed to have been brought to his notice, such variations shall be binding on the Operator.
- The Airport Manager may at any time request an aircraft operator either to move a parked aircraft to another position or remove it from the airport for operational reasons.
- The Company have the right to provide any service(s) at the Airport save as set out in The Airports (Groundhandling) Regulations 1997 (S.I. No. 2389) and/or Council Directive 96/97 EC of 15 October 1996 on access to the groundhandling market at Community Airports.
- The company requires all occupiers of premises to provide health and safety and fire risk assessments. Storage of any goods likely to pose a health and safety or fire risk or potential pollution must be notified to the company immediately. To support the hazard being stored you will need to provide (coshh) product data information together with your emergency action plan in dealing with any accident or incident involving such hazardous items. All such information must include the storage location and quantity of any items deemed to pose such a risk.
- If any product is controlled or requires any form of licence or permit to use a detailed letter of intent to store such items with detailed plans of storage and containment will be required to be approved by Brighton Airport before such items are brought to the site.
- All areas, including waste storage areas must at all times be kept litter free. Fixed or temporary waste storage areas must not present a FOD risk or any other hazard to aircraft. The external storage of goods whether waste or consumable must at all times be contained as to prevent those goods being displaced in adverse weather conditions. The locations of any temporary stores or structures must not interfere with, or restrict in any way fire escapes or other areas deemed as entry/exit routes from any building, car park, path or other area requiring access.
- Food waste will be bagged and kept in secure bins or containers so that it does not attract birds which are a hazard to aircraft, these will be regularly collected for disposal to discourage vermin. If any occupier wishes to have plants or shrubs outside their premises they must not be attractive to birds as a food source, roost or nest site. A list of plants should be submitted to the Airport. No water features will be constructed that are likely to attract birds.
- The airport is private property and vehicle parking will be controlled. Specific areas are allocated to tenants and leaseholders on the airport and a vehicle allocation and parking control document will be issued and amended if deemed necessary by the company. The conditions and use by vehicles will be controlled by the company.
- A copy of the current list of The Company´s fees and charges will be available on request and will be available for inspection by the Operator at the Airport and promulgated in appropriate publications. The publication of the list and the delivery of such to the Operator is without prejudice to The Company´s right to vary from time to time any of its fees or charges therein stated in any way it sees fit. The display of any notice or delivery of a list of fees or charges is not to be construed as an offer on the part of The Company to provide any facilities or services either for the fees or charges specified or at all.
- The Company will give to the Operator such notice as is reasonable in all the circumstances of any variation in fees or charges.
- The Operator shall pay the appropriate charges for the landing, parking or housing of aircraft. The Operator shall also pay for any supplies, services or facilities provided to him or the aircraft by The Company. All such charges shall be due and payable at the sole discretion of The Company before an aircraft departs from the Airport.
- All fuel remains the property of The Company until paid for in full. The aircraft into which the fuel has been delivered will be detained by The Company until payment has been received.
- Payment of any unpaid charges shall in any event be due on the 30th (Thirtieth) day after delivery of The Company´s invoice to the Operator at his address as stated hereon.
- The Operator shall pay interest on any sum outstanding at the amount of 4% above the Bank of England Base Rate existing at the time, such interest to accrue on a daily basis.
- So long as an aircraft (or aircraft) or any parts and accessories or any vehicle are located at the Airport or upon any land under the control of The Company, The Company shall have a contractual lien, both particular and general over the aircraft, its parts and accessories and any vehicle for all charges, costs, fees or any other liabilities of whatever nature which are due and payable to The Company in respect of that aircraft or any other aircraft of which the Operator is the Operator at the time when the lien is exercised. The lien shall not be lost by reason of the aircraft departing from land in the control of The Company, but shall continue to be exercisable at any time when the aircraft or any other aircraft of the Operator has returned to and upon such land so long as any of the said charges, costs, fees or other liabilities whether incurred before or after such departure remain unpaid.
- The Company shall be entitled to levy fees incurred in respect of any aircraft or property for storage or otherwise during the period of exercise of the lien and The Company may further exercise a lien in respect of unpaid charges, costs, fees or other liabilities as it sees fit.
- If charges, costs, fees or other liabilities in respect of which a lien is exercised, remain outstanding, The Company shall despatch by ordinary post to the Operator at his address hereon and to the Registered Owner of the aircraft at his address on the appropriate Register in the State of Registration a notice demanding payment within fourteen days of delivery of the letter. In the event that payment remains outstanding thereafter, title in the liened aircraft or property shall vest in The Company and The Company may at their entire discretion sell, dispose of, remove or destroy such aircraft or property. In the event of a sale or disposition, The Company shall be under no duty to obtain the best possible price and may apply the proceeds in discharging any sum due to The Company and any fees, expenses or costs incurred in connection with the disposal of the aircraft before accounting for any balance to any party so entitled.
- The exercise by The Company of the powers set forth in this Clause 5 shall be without prejudice to the exercise of any other powers exercisable by The Company by virtue of statute or otherwise.
6. Liability of The Company and the Operator
- Where the Operator is other than a Consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1994, The Company shall in no circumstances be liable to the Operator for any physical or economic damage or loss, or any other loss or damage to property or persons of any kind whatsoever (including without limitation the aircraft, its parts or accessories or any property contained in the aircraft) whether direct, indirect or consequential, caused by negligence, breach of contract or statutory duty on the part of The Company, their servants or agents.
- Where the Operator or any person on his behalf or for whom he is responsible causes death, personal injury or loss or damage of any kind whether direct or indirect as a result of any negligence breach of contract or breach of statutory duty and while at the Airport, the Operator shall indemnify and keep indemnified The Company in respect of any claim or claims arising therefrom.
- The Operator in furtherance of his obligations under these conditions agrees to effect and maintain Passenger and Third Party Liability Insurance in respect of any aircraft operated or used by the Operator or for which they are responsible at the Airport for an amount not being less than Five Million Pounds (£5,000,000.00) any one claim or as shall at the Company´s complete discretion, be deemed reasonable according to the size and type of aircraft operated and shall on demand produce to The Company or its duly authorised representative, from time to time, sufficient documentary proof of such insurance including the security thereof.
- In respect of any vehicle which the Operator, his servants, agents or associates, may use or operate on that part of the Airport which is or has been 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. Evidence of such insurance shall be produced to The Company or their duly authorised representative on demand. The Company decision as to the adequacy of such insurance cover shall be binding on the Operator.
- The Operator shall at all times fully indemnify and keep indemnified The Company against any breach of this Clause 7 but without prejudice to any other rights of The Company under these Terms and Conditions whether the same shall be enforced by The Company or not.
The Operator or his appointed handling agent shall furnish to The Company information of such type and in such form as The Company may from time to time require and determine relating to the movement of aircraft handled by the agent at the Airport within 24 hours of each of those movements.