The Charter as a Form of Air Carriage Contract
Air carriage and transport are carried out under two principal contracts. Under a passenger carriage contract, the carrier is obliged to bring the passenger to the destination and, where the passenger checks in baggage, to deliver it to the destination and hand it to the authorized person; the passenger pays the fare established for carriage and, where baggage is checked in, also the charge for its carriage. Under a cargo transport contract, the carrier is obliged to deliver the cargo handed over by the consignor to the destination and hand it to the authorized person, while the consignor pays the established charge. To these two forms the charter adds a third: unlike one-off carriage, the charter covers the capacity of the aircraft, or part of it, over one or more flights.
The Mandatory Content of a Charter Contract
Under a charter, one party — the hireling party — transfers for a determined charge to the other party — the charterer — the whole capacity of one or more aircraft or part of it, for one or more flights, for the carriage of passengers, the transport of baggage and cargo or for another purpose — the charter may thus be concluded for purposes beyond carriage as well, where the parties so require. The law directly determines what a charter contract must provide:
- the names of the parties;
- the type of aircraft;
- the purpose of the hire;
- the quantity of passengers and cargo (baggage and postal items) to be carried;
- the amount of the hire charge;
- the initial point and time of the route;
- the destination.
Two items deserve particular attention: the distribution of capacity — where the charterer takes the whole capacity, the risk of empty seats lies with it, while on partial capacity the hireling party may transfer the remaining space to another party — and the formulation of the charge: a lump sum or a calculation dependent on the number of flights arranges the economics of performance differently. The initial point and time of the route are also critical for dispute prevention, since delay and postponement are assessed against the time fixed in the contract.
Transport Documents
A contract of carriage of passengers, baggage, cargo and postal items is confirmed respectively by a ticket, a baggage, cargo or postal waybill. The basic requirements as to the form and content of these documents are established by the Agency on the basis of the samples and standards provided for by Georgia's international treaties and agreements. In practice this means that performance of a charter always proceeds on two levels: the charter contract itself, which governs the parties' relationship, and the transport documents, which confirm the individual carriage and are issued in standardized form.
To summarize: a charter agreement is that form of air transport in which the capacity of an aircraft — wholly or partly — is transferred to the charterer for one or more flights. The law lists the mandatory elements of the contract — the parties, the aircraft type, the purpose of the hire, the quantity of passengers and cargo, the charge, the initial point and time, and the destination — while individual carriage is confirmed by transport documents: a ticket, a baggage, cargo or postal waybill. The correct alignment of these two levels — the contract and the documents — is the foundation of successful performance.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What is the difference between a charter and ordinary carriage?
In a charter the charterer takes the whole or part of the aircraft's capacity for one or more flights; ordinary carriage is a one-off service confirmed by a ticket or waybill.
What must the contract contain?
The parties' names, the aircraft type, the purpose of the hire, the quantity of passengers and cargo, the charge, the initial point and time, and the destination.
How is individual carriage confirmed?
By a ticket, baggage, cargo or postal waybill — according to the standards established by the Agency.
Who determines the form of waybills?
The Agency, on the basis of the samples provided for by international treaties and agreements.
Is a charter concluded only for carriage?
No — the law permits the transfer of capacity “for another purpose” besides the carriage of passengers, baggage and cargo, and that purpose must be reflected directly in the contract, otherwise it will have to be established from the parties other agreements, which increases the risk of dispute.
How We Help on Legal.ge
A charter agreement requires knowledge both of aviation legislation and of commercial practice: distributing capacity, formulating the charge and describing the route precisely are matters of dispute prevention. On Legal.ge you can consult an aviation-law lawyer who will prepare the contract in full compliance with the elements defined by law and protect your interests in performance disputes as well. Submit a request on the site and get qualified assistance.