Terms & Conditions
This is the entire agreement between the Client (“Renter”) and Angel City Flyers, LLC and/or Bay City Flyers, LLC DBA Aero City Jets, California Limited Liability Companies (“Lessor”) for non-turbine aircraft training and rental. These terms are contractual and cannot be altered by oral agreement or another document unless such document is signed and agreed to by both the Client and Lessor.
Client (Renter) agrees by his/her/their use of Aero City Group Inc. and/or affiliate companies equipment, facilities, property, or services that he/she/they read, is aware of and agrees to abide by the following terms and conditions. Lessor makes no warranties, express or implied.
As used herein “Aircraft” means airplane or simulator (ground training device) as specified throughout this agreement. “Lessor” means “Angel City Flyers, LLC” and/or “Bay City Flyers, LLC DBA Aero City Jets” and may include registered owner(s) of Aircraft. “Renter” means either the Client or their representative.
1. OWNERSHIP, CONDITION OF AIRCRAFT, TERM OF CONTRACT, USE OF OR OPERATION OF AIRCRAFT. Renter acknowledges Aircraft are de facto property of Lessor, although registered title may be in a third party, and agrees to the following limitations to Aircraft use or occupancy:
- Aircraft shall not be operated by any person except Renter or a pilot or instructor authorized / employed by Lessor.
- All flights are to be operated under 14 CFR Part 91 and 61 only.
- Aircraft must not operate outside of the contiguous U.S.A. without written permission of Lessor.
- Aircraft may not be used in any competitive event without written permission of Lessor.
- Aircraft must be operated in accordance with the Airplane Flight Manual.
- Aircraft must be operated in a manner so it does not incur any undue hazards to persons or property on the ground.
- Aircraft may not be used for instructional purposes without written permission from Lessor.
- Aircraft may not be used for instruction purposes without submission of valid Renter identification and contact information.
- Lessor reserves the right to refuse dispatch of rental Aircraft at any time.
- Lessor reserves the right to change reserved Aircraft with that of the same type at any time.
2. RENTER EXPRESSLY AGREES TO PAY LESSOR ON DEMAND:
- Hours chargeable to Renter as determined by to the nearest tenth of the hobbs meter.
- The greater of the hobbs or the posted minimums applicable if rented for a calendar time.
- The difference of fuel between starting and ending fuel load.
- Receipts billed to Lessor during rental reservation applicable to utilization and / or occupancy.
- The value of tires, tools and accessories or parts lost or stolen from Aircraft.
- The value of any deicing services used and associated cleaning fees.
- The value of any fine or penalty charged including administrative fees for a legal violation or legal action against the Aircraft or Lessor levied during the rental term of this contract as a result of Renter or passengers actions.
- A five percent (5%) per month carrying charge on all charges not paid within (30) days after they have been incurred.
- All costs incurred including aircraft hobbs time, fuel, pilot services, expenses and fees, if the Aircraft is not returned to the original rental office or FBO without the written consent of Lessor.
- All expenses incurred by Lessor in the collection of monies due to Lessor per this agreement or expenses incurred in regaining possession of Aircraft or in enforcing any term or condition of this agreement, including attorney’s fees, administrative fees and costs.
- The value of repair for all damage to Aircraft and resultant loss and expenses to Lessor. Subject to a maximum amount of the applicable deductible and excess per aircraft type or unrecoverable loss outside of the insurance claim or limits as determined by Lessor.
- The value of any credit card or vouchers presented at Renter discretion to a third party who refuses to honor payment. If a credit card has been presented as a means of deposit or security for Aircraft rental, Renter authorizes charges for all purposes except reimbursement for damage to or loss of Aircraft.
3. BODILY INJURY/PROPERTY DAMAGE RESPONSIBILITY TO THIRD PARTIES. Lessor does not provide, extend, or afford any insurance coverage to Renter, passenger or authorized operator through this agreement. Lessor’s financial responsibility is expressly limited to those applicable provisions of the Aircraft financial responsibility laws of the state in which the Aircraft is operated. Renter assumes all responsibility for any damage to, destruction of, or loss of property transported by or in the rented Aircraft.
4. NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY. The Renter is responsible, at a minimum, for the insurance deductible on the Aircraft.
5. PRIVATE PROPERTY. Lessor is not responsible or liable in any manner for loss of, or damage to, personal property left, stored or transported in or on the rented Aircraft.
6. RELATIONSHIP OF THE PARTIES. The relationship between Lessor and the Renter will be that of independent contractors and not that of principal and agent, nor that of legal partners. Neither Party will represent itself as the agent or legal representative of the other Party nor perform any action that might result in other persons believing that it has authority to contract in any way to enter into commitments on behalf of the other.
7. FLIGHT INSTRUCTION. All flight instruction in the Aircraft must be given by a properly certificated and rated instructor named and approved by Lessor.
8. PILOT IN COMMAND PRIVILEGE. All Renters acting as pilot in command (PIC) without an employed and approved Lessor pilot providing instruction, mentorship, or pilot services must receive a documented solo-pilot flight checkout from a properly certified and rated instructor appointed by Lessor management before solo use.
9. FEDERAL AVIATION REGULATIONS (FARs). Each Party is responsible to comply with all applicable Federal Aviation Regulations at all times.
10. PREFLIGHT, FLIGHT AND POSTFLIGHT.
- Renter will make a careful ground inspection of the Aircraft, its equipment and accessories including, but not limited to, a careful check of required fuel and oil levels and understands acceptance of the Aircraft is testimony of airworthiness and that its equipment and accessories are functioning and in proper working order.
- Renter agrees not to allow passengers to embark or disembark while the engine is running.
- Renter agrees to ensure flights terminate with the following minimum amount of usable fuel at the end of every flight:
Diamond Aircraft DA40: 6 gallons
Diamond Aircraft DA42: 10 gallons
Diamond Aircraft DA62: 12 gallons
- Renter agrees to use maximum cruise settings of:
Diamond Aircraft DA40: 2400 RPM
Diamond Aircraft DA42: 80% power setting
Diamond Aircraft DA62: 80% power setting
- Renter agrees to return the Aircraft to Lessor’s place of business on or before the return date specified, weather permitting, or sooner if demanded in the case of breaching this contract, by Lessor in the same condition and running order as when received with the exception of ordinary wear and tear.
- Renter agrees that following each flight he/she shall park and securely tie down and chock the Aircraft, close and secure all window coverings and doors and install all covers and ready to tow sign installed in window with parking brake off.
- No flights below one thousand (1,000) feet AGL except during takeoff and landing.
- Fuel caps must be locked on multi-engine aircraft at all times away from primary bases at KLGB and KHWD except to be refueled. Fueling away from primary bases of operation at KLGB and KHWD must be supervised by Renter.
- No “touch-and-go’s” in multi-engine aircraft.
- Renter agrees to notify Lessor and obtain positive dispatch authorization from Lessor, or Lessor designated maintenance personnel, if the Aircraft requires ground power to start an engine.
11. PERMISSIONS AND CURRENCY.
- Renter represents and warrants that he/she is the holder of a valid pilot certificate and current medical certificate which will be in his or her possession during each flight and agrees to display the same to Lessor or its representatives upon request. Renter is responsible for maintaining currency as required by all applicable Federal Aviation Regulations and Lessor policies.
- Renter agrees that Lessor in its sole discretion may request additional checkout time or currency requirements.
- No over-water flights in single-engine Aircraft are allowed at an altitude below power-off-glide distance from shore, unless en route to Catalina Island and Renter has completed the appropriate checkout. Renter shall ensure approved flotation devices are in the plane for each occupant as required.
- No flights allowed outside contiguous United States without explicit written permission from Lessor. Renter agrees to pay for any additional regulatory fees from international flights including, but not limited to, customs fees and duties, international flight requirement fees, FBO aircraft insurance supplements, and renter’s insurance supplements.
12. CANCELLATIONS AND TARDINESS.
- Lessor reserves the right to reallocate the reserved Aircraft after a period of thirty (30) minutes from initial scheduled flight time.
- For single-day reservations, Renter agrees to make the best possible effort to provide a notice of twenty-four (24) hours for the cancellation of all flights, unless due to weather conditions or emergency. Failure to cancel a scheduled single-day flight with twenty-four (24) hours notice will result in a one (1) hour flight charge, and a charge for the entirety of the instructors’ time if an instructor was scheduled.
- For multi-day reservations, a notice of forty-eight (48) hours in advance is required for the cancellation of all flights, unless due to weather conditions or emergency. Failure to cancel a multi-day reservation with less than forty-eight (48) hours notice will result in a (2.6) hour charge of specified Aircraft for the first day reserved and a one (1) hour charge for each subsequent day up to a maximum of three (3) days, and a charge for the entirety of the instructors’ time if an instructor was scheduled up to a maximum of two (2) days.
- No show reservations will be charged the entire cost of reserved instructor time and Aircraft daily minimum.
13. AIRCRAFT SERVICE.
- Lessor must approve having maintenance performed on the Aircraft.
- Renter shall not tamper with or attempt to repair any part of the Aircraft or its equipment or accessories without express written consent of Lessor. All squawks shall be reported to Lessor after each flight.
- The Renter is responsible for any charges incurred for his/her accommodations and/or transportation home in the event maintenance is required away from its primary base.
- In the event of either an accident or incident, Renter will immediately inform Lessor as well as the FAA and appropriate local authorities as required by law. In no event will Renter move the Aircraft after an accident or incident except with the express permission of Lessor or as directed by other authorities having jurisdiction.
14. SCHEDULING AND BILLING.
- Lessor may, at its sole discretion, accept cash or cash equivalent as a deposit to secure the rental of an Aircraft. If the Aircraft is due back after normal business hours, a deposit or valid credit card authorized to be charged must be on file for all charges.
- Flight time minimum of twenty (20) minutes per hour reserved apply to all aircraft. Reservations over eight (8) hours will incur a (2.6) hour minimum per twenty-four (24) hour period.
- Pilot service and instruction time is billed hourly. Half-day rates (up to four hours) and full day rates (up to eight hours) may be offered when applicable by Lessor for overnight trips.
- Pilot service and instruction billing time begins at scheduled reservation or required show time, whichever comes first, and ends at a minimum of thirty (30) minutes after landing or upon completion of pilot services or instruction, whichever is later.
- The minimum charge for pilot services and instruction on an overnight trip is two (2) days.
- Renter is responsible for all expenses required for pilot services including, but not limited to airfare, accommodations, transportation costs and other directly incurred expenses.
- Renter is responsible for paying per diem fees for all schedules in excess of eight (8) hours at the hourly rate detailed in the pricing schedule for every hour, or fraction thereof, the pilot is away from base starting at report for duty and ending upon trip completion.
- Renter understands if he/she/they request(s) to use resources for activity outside that defined in the curriculum(s) for fixed-rate courses will be billed at full retail rates for additional resources used.
- Renter understands if dual instruction or wait time is required in a single duty day of eight (8) hours or more, price shall be at the regular hourly rate for every hour over eight (8) hours of reported duty time in a twenty-four (24) hour period.
- For purposes of computing rental costs, the number of hours chargeable to Renter shall be determined by the difference in hours shown by the standard hourly recording device installed in the Aircraft prior to dispatch and that value shown after the Aircraft is checked in, to the nearest tenth (0.1) hour for engine-run time. If the recording device seal is broken during Renter’s possession of the Aircraft, then Renter is responsible for repair or replacement of the instrument and a rental charge to be determined by Lessor based on the actual time the Aircraft was in service.
- Charges from third party vendors passed onto Lessor associated with the rental of the Aircraft will incur a twenty percent (20%) processing fee.
- Renter agrees to a minimum fee of five hundred (500) dollars for leaving the Master or Battery Switch on plus the cost of replacing the battery if necessary.
- Renter agrees to a processing fee of five hundred (500) dollars for each noise abatement occurrence as a result of the Renter’s operation of the aircraft.
- Renter will be responsible for the cost of fuel over and above of the posted truck prices at Ross Aviation KLGB or APP Jet Center HWD, service charges and additional fees associated with the operation of the aircraft, including incidental cleaning costs incurred, upon return.
- Under the assumption of airworthiness at dispatch, Renter is responsible for any costs incurred as a result of maintenance or other events even if these events are not caused by the renter to bring the aircraft back to its home base. These costs include the rental rate of the aircraft for transit and associated operational services.
- Renter will be responsible for any damage found in the preflight immediately subsequent to the Renter return flight if such damage was not previously reported. This damage is limited to occurrences that could only reasonably be attributed to operating the aircraft under its own power. Renter is encouraged to conduct a thorough postflight inspection and shall report any discrepancies immediately upon discovery to an Lessor dispatcher or Lessor management.
- Lessor, at its sole discretion, may require Renter to pay for any damage(s) to aircraft furnishings and avionics attributable to Renter or their passengers during the rental period. Renter acknowledges that said damage(s) may include, but are not limited to the following items: Aircraft furnishings, upholstery, window coverings or visors, carpets, curtains, cabinetry, seats and cushions, speakers, buttons, knobs, latches, headsets, switches, light covers, aircraft avionics display panels, levers, handles, oxygen mask(s), oxygen bottle(s), emergency equipment, audio jacks, checklists, aircraft manuals, aircraft documents. Exceptions for reasonable wear and tear and aircraft condition at time of rental may be made at Lessor’s sole discretion.
- Renter acknowledges that animals are not allowed inside rented aircraft at any time unless express written approval is obtained from Lessor management prior to rental. Lessor, at its sole discretion, may require an additional deposit and / or payment of at least five hundred (500) dollars for animal carriage upon approval and renter hereby agrees to pay for any damages reasonably caused by the carriage of animals in the aircraft. Any approved animals must be carried in the passenger cabin.
15. SEVERABILITY. If any provisions of this rental agreement are unlawful, contrary to public policy, void or unenforceable, remaining provisions shall continue in full force and effect.
16. ENTIRE AGREEMENT. This Agreement may be reviewed and modified from time to time with subsequent revisions. The most recent version inclusive of subsequent revisions to this Agreement are available on this site and must be acknowledged by Client to dispatch Aircraft or otherwise initiate training.
17. DETAILS OF RENTER’S INSURANCE POLICY. Renter’s current aircraft rental insurance policy details and a copy of Renter’s current insurance certificate must be on file with Lessor prior to rental.
18. ACKNOWLEDGEMENT. Client (Renter) agrees by his/her/their use of Aero City Group Inc. and/or affiliate companies equipment, facilities, property, or services that he/she/they read, is aware of and agrees to abide by the terms and conditions aforementioned.