5.1 As stated in Clause 4.2 above the Operator’s terms and conditions of carriage apply to the operation of the Flight Schedule pursuant to the Charter Contract. These conditions shall include the following provisions without prejudice to the application of the Operator’s other terms and conditions of carriage. In the event of any discrepancy between the Operator’s terms and conditions of carriage and the following provisions, the following provisions shall prevail.
5.2 If the Aircraft, for any reason, whether before or after the commencement of the Flight Schedule, becomes incapable of undertaking or continuing all or part of the Flight Schedule, the Operator may at its absolute discretion substitute one or more aircraft of the same or another type and the provisions of the Agreement shall apply to the substituted aircraft.
5.3 If the performance of the Flight Schedule is prevented or delayed by the Charterer or anyone acting on its behalf including (but not limited to) any passenger arriving later than 30 minutes before the STD, the Operator may at its absolute discretion and without liability depart as scheduled or delay departure. Any additional expense attributable to such delayed departure shall be borne by the Charterer.
5.4 In the event of non-performance of the Charter Contract or delay caused by actions of third parties, labor difficulties, force majeure, including but not limited to inclement weather or technical breakdown or accident to the Aircraft or any part thereof, or any machinery to be used in relation to the Aircraft, the Operator shall use all reasonable endeavors to perform or continue the Flight Schedule but otherwise shall have no liability to the Charterer whatsoever.
5.5 In the event of non-performance of the Charter Contract or delay under Clause 5.4 above, the Charterer shall be liable to pay to JETFINDER such proportion of the Charter Price as shall apply to that part of the Flight Schedule which has been performed together with any additional charges and expenses payable by the Charterer pursuant these General Terms.
5.6 The Operator shall be entitled to depart from the Flight Schedule where necessary in its reasonable opinion and any additional expenses applicable to such departure shall be borne by the Charterer.
5.7 If the Aircraft for any reason is diverted from any airport, aerodrome or destination shown in the initial Flight Schedule to another, the journey to the scheduled destination shall be deemed to be complete when the Aircraft arrives at such other destination.
5.8 The captain of the Aircraft shall have absolute discretion:
5.8.1 to refuse any passenger(s), baggage, cargo or any part thereof;
5.8.2 to decide what load may be carried on the Aircraft and how it shall be distributed;
5.8.3 to decide whether and when a flight may be safely undertaken and where and when the Aircraft shall be landed.
5.9 The Charterer shall ensure that any goods to be transported are sufficiently and properly packed for carriage and shall supply adequate tie-down material and equipment taking into account all reasonable demands of the Operator and the captain and where necessary complying with IATA & FAA Dangerous Goods Regulations, [a copy of which is available for inspection at the office of JETFINDER].
5.10 The Operator shall be entitled at its own discretion and without compensation to the Charterer to use any part of the carrying capacity of the Aircraft unused by the Charterer, except by means of the carriage of additional passengers, and to use any part of the Flight Schedule unused by the Charterer.