1. GENERAL TERMS
Helicopter HESLO (Helicopter External Sling Load Operations) is subject to rules and regulations imposed by UK CAA Part SPO and UK National Regulations (ANO) and overseen by the UK Civil Aviation Authority (CAA). Specific regulations regarding landing area rules, aircraft loading, low flying and pilot duty hours apply to all flights which may be undertaken. In the interests of flight safety, and on behalf of Skyhook Helicopters, the Pilot of the aircraft is the sole judge as to which rules and regulations are applicable and his/her decision as to any condition is final.
2. VALIDITY OF QUOTATION
Unless otherwise stated or agreed in writing, all quotations are valid for 90 days. Should the quotation be required to be re-validated, Skyhook Helicopters reserve the right to adjust previously quoted pricing accordingly. Any changes in Landing/Lift/Drop Site locations and load nature or type will result in the quote being void and a new quote should be requested before work commences. Should the Client elect to continue with works without the provision of a second quote, the pricing will revert to an hourly rate on a pro rata basis for rotors turning time as per the rate quoted on the original quote. Failure to disclose changes as described above may result in the application of a cancellation charge.
3. MOBILISATION COSTS
Mobilisation charges will be fixed at the amount described on the quote. The full mobilisation will always be shown as well as any reduced “shared” mobilisation opportunities. If the client has opted to take advantage of a shared mobilisation, this is dependent on the shared job going ahead as planned and the agreement of both parties. Skyhook reserves the right to revert to the full mobilisation amount if the shared opportunity is no longer viable for any reason including but not exclusive to:
4. LIFT RATES
Quotes provided on a lift rate basis make the following assumptions:
If any of the above conditions are not met, the lift rate will become void, and the pricing will revert to an hourly rate on a pro rata basis for rotors turning time based on the hourly rate quoted on the original quote as per section 2.
*IMPORTANT*
THE METEOROLOGICAL CONDITIONS MAY BE JUDGED TO BE NOT SUITABLE FOR THE APPLICATION OF A LIFT RATE EVEN IF THE JOB IS STILL POSSIBILE WHILST MAINTAINING ADEQUATE SAFTEY MARGINS, THIS WILL BE AT THE DISCRETION OF THE PILOT OF THE AIRCRAFT. THE PILOT WILL INFORM THE CLIENT IF THEY BELIEVE THIS TO BE THE CASE AND IT WILL BE THE CLIENT’S SOLE DECISION WHETHER TO CONTINUE WITH THE WORKS. IF THE CLIENT CHOOSES TO RESCHEDULE WORKS ON THIS BASIS, NO CANCELLATION CHARGES WILL APPLY, UNLESS THE CLIENT HAS BEEN PREVIOSULY ADVISED BY SKYHOOK OPERATIONS THAT THE CONDITIONS ARE LIKLEY TO BE UNSUITABLE FOR THE WORKS ON A LIFT RATE.
5. DOUBLE/MULTIPLE LIFTS
If a job is priced on the basis of double or multiple lifts, the client will ensure that the loads are positioned in a manner that allows them to be hooked onto the double hook or carousel system (as applicable) easily, and without the requirement to reposition any of the loads to facilitate this. If it is necessary to reposition loads using the helicopter, the job will revert to an hourly rate as described in section 2. The crew will give the client an opportunity to reposition loads through other methods if this can be achieved in a reasonable timescale.
6. HOURLY RATES
Jobs quoted on an hourly rate basis will be based (unless otherwise stated on the quote) on rotors turning time. The client can, on request, be provided with a time estimate required for contract completion. This is for budgeting purposes and is not fixed unless specifically stated in writing on the quote. The Pilot of the aircraft will inform the client if they expect the budgeted hours to be exceeded and if possible, give an estimation as to what extent. It will then be the client’s sole decision as to whether to continue the works to completion. The client may provide the crew with an hour’s budget which they will not exceed without further authorisation, to assist in budgeting.
7. DAY/STANDBY RATES
Daily or standby rates include a set number of flying hours. Any unused hours can be carried forward until the completion of the project, but no credit will be issued for unused hours. For example, if 5 days are booked with 2 hours per day and only 1 hour is flown on the first 3 days, the remaining 9 hours can be used over the last 2 days.
The full daily or standby rate applies regardless of whether all-inclusive hours are used. If flying is expected to exceed the hours covered, additional hours will be charged at the quoted hourly rate, pro rata. The crew will notify the client and request authorisation before exceeding the included hours and can provide an estimate for budgeting purposes if sufficient information is available.
The full day/standby rate will be applicable in the following situations:
8. ADDITIONAL FLYING TIME
All quotes are provided with an hourly rate applicable for pro rata additional flying time incurred while completing a job. The following situations will incur additional flying time charges if not specifically mentioned as inclusive in the quote:
9. GROUND TASK SPECIALIST
Skyhook shall, as standard, provide two fully trained Task Specialists to a HESLO mission, however the client may request that only one Task Specialist is required. This request must be made at the point of quote and Skyhook Operations will review the request and inform the client if the job is achievable with one Task Specialist whilst maintaining the required safety standards. If, on the day, the Pilot of the aircraft deems the job unsuitable to be completed with only one Task Specialist, Skyhook reserves the right to add an additional Task Specialist on the day or reschedule the works as applicable with all associated costs passed onto the client.
10. CONFIRMATION OF CONTRACT
Confirmation of contract or quote acceptance should be provided to Skyhook Operations in writing at least 7 days before work commences. At contract confirmation, the client is deemed to have accepted Skyhooks terms and conditions in full as per this document.
11. AIRCRAFT AND CREW
Skyhook Helicopters shall provide for the client’s sole use, the AS350B3+ or H125 as described in the quote, crewed with fully licensed and qualified pilot(s), trained and certified (where applicable) and appropriate certified equipment for the client’s task at hand. Any additional services required by the client shall be specified prior to the contract commencement.
12. INSURANCE
Skyhook Helicopters will carry insurance to cover its potential liability on any contract. Skyhook Helicopters shall be liable for loss, damage or injury to persons or property when caused exclusively by Skyhook Helicopters own negligence through operations and performance of the contract. Furthermore, Skyhook Helicopters shall not be liable for any such loss, damage or injury due in whole or in part to any negligence on the part of the Client and/or their representatives or any other third party. Full details and any exclusions are documented within Skyhook Helicopters C/-TSL Contractors liability and indemnity insurance. Full details may be made available on request.
13. LANDING/LIFT/DROP SITES
The client is responsible for ensuring that any Landing/Lift/Drop Sites are safe, accessible, and suitable for accepting the aircraft. Landing/Lift/Drop sites should be free and clear of any loose articles (FOD) which may affect the aircraft and/or crew/client representatives. Skyhook Helicopters will offer help and guidance on the suitability of landing/lift areas at the time of initial client contact and, in some circumstances, a pre works/quote site suitability visit will be advised and/or offered. In the interests of Health and Safety, it is the client’s responsibility to ensure any landing site is secure and free from public interference.
If any Landing/Lift/Drop Sites are within a congested area as per UK Air Law, the client will be liable for the congested area permission charge. The client must inform Skyhook Operations if they intend to operate within a congested area at the point of quote request. If the client is unsure, they should seek assistance from Skyhook Operations. If the client fails to disclose that any Landing/Lift/Drop Sites are within a congested area Skyhook reserves the right to refuse to carry out these drops and a non-negotiable cancellation charge will be applicable.
The client should advise Skyhook Helicopters at least 48 hours prior to aircraft deployment that suitable landowner and other significant stakeholder permissions are in place to allow landing and refuelling of the aircraft at the designated site. Failure to comply with this, resulting in the aircraft being refused access or landing permissions, being turned away or refused entry will result in a non-negotiable cancellation charge. Any fees incurred from landing and or overnight parking will be the responsibility of the client.
14. LOAD CONSTRUCTION AND WEIGHTS
Ensuring appropriate load construction and that weights are within limits is the responsibility of the client. Skyhook staff can offer-assistance if required, but this should be requested at the point of quote or at least 7 days before the scheduled start time.
General Weight limits for the AS350B3+ aircraft are as follows:
Bagged material (heli-bags)
Concrete (wet in upright skips)
Aggregate/Stone (Upright skips)
Aggregate/Stone (Bathtub Skips)
THE PILOT OF THE AIRCRAFT MAY CHOOSE TO REDUCE ANY OF THESE LIMITS DUE TO ENVIRONMENTAL AND/OR SAFETY FACTORS ON THE DAY
Loads that require stropping by Skyhook Task Specialists must be presented on bearers or pallets as appropriate to allow the passing of strops beneath the load without difficulty
Construction bags should not be used for helicopter lifting however using the correct equipment they can be lifted, if construction bags are present Operations must be informed prior to the conformation of tasking
If the client elects to provide their own load rigging equipment, it is the responsibility of the client to ensure that all equipment is inspected to HSE LOLER standards and in date at the time of the work. Skyhook crew or operations may ask for proof of LOLER certification prior to work commencing. Failure to provide adequate certification, resulting in unreasonable delay, will incur cancellation charges. Skyhook reserve the right to refuse to use any piece of equipment provided by the client that is deemed to be unsafe or found to be uncertified.
If the client requires Skyhook Helicopters to provide additional aids for load preparation (bags, nets, slings, skips etc) they should inform Skyhook Operations at the time of quote or no later than 48 hours before the scheduled start time. Failure to do so may result in a non-negotiable cancellation charge if the task cannot be completed.
15. DANGEROUS GOODS
Skyhook Helicopters holds a permission to transport dangerous goods by air. If there are any dangerous goods within underslung loads, task specialist baggage or internally loaded equipment, this must be disclosed to Operations prior to conformation of tasking. Not all dangerous goods will be suitable for transport by air, any dangerous goods to be transported must be packaged in accordance with the IATA DGR and the appropriate packing instruction. Failure to disclose dangerous goods is an offence. Skyhook Helicopters reserves the right to refuse any load that contains, or is suspected to contain, undisclosed or non-compliant dangerous goods. If the task can no longer be completed due to undisclosed or non-compliant dangerous goods, a non-negotiable cancellation charge will be applicable. Further guidance on dangerous goods is available on the UK CAA website or from Skyhook Operations.
16. WEATHER VARIABLES
All flights are dependent on favourable weather conditions. The decision on the suitability of the weather shall be made by the Pilot of the aircraft on the day of the flight, based on the aviation forecast and actual observations. Actual weather conditions may differ to the forecast and any subsequent change to conditions shall be monitored and assessed by the Pilot of the aircraft. The Pilot’s decision regarding weather conditions and suitability is final. Further, re-scheduled flights will remain subject to the weather condition monitoring as noted on the new date.
17. HEALTH AND SAFETY
Skyhook Helicopters operates a Safety Management System (SMS) and Skyhook standard operating procedures (SOP’s) are built around task specific risk assessments. Risk assessments and an appropriate method statement (RAMS) will be made available to the client prior to any works being carried out where required.
Clients and/or their representative(s) will be briefed by Skyhook Task Specialists or Pilots prior to work commencing and will be required to sign the safety briefing sheet confirming that they have received a briefing and have understood the contents thereof. Any subsequent breach of health and safety parameters by the client and/or their representative(s) will be immediately assessed by the Pilot/Lead Task Specialist. Failure to comply with any aspect of, or any significant breach of, heath, safety and welfare of any Skyhook staff, client, or their representatives, may result in the immediate cessation of operations and may also result in a non-negotiable cancellation surcharge.
18. TERMS OF PAYMENT
Skyhook Helicopters, C/O-TSL Contractors Ltd, under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, reserve the right to charge interest on any overdue balance. Interest is calculated at 8% per annum, above Bank of England base rate for the time of any outstanding balance, which will be accrued on a daily basis until the balance is cleared in full.
19. CANCELLATION POLICY
In the event of a cancellation, the following charges will apply based on the time notice of termination is received relative to the scheduled departure date of the first flight within the programme. All cancellation charges are calculated as a percentage of the quoted price and are subject to any additional cost’s payable under these Terms and Conditions:
a) 10% of the quoted price if notice of termination is received more than seven (7) days before the scheduled departure date.
b) 25% of the quoted price if notice of termination is received less than seven (7) days but more than seventy-two (72) hours before the scheduled departure date.
c) 50% of the quoted price if notice of termination is received less than seventy-two (72) hours but more than forty-eight (48) hours before the scheduled departure date.
d) 75% of the quoted price if notice of termination is received less than forty-eight (48) hours but more than twenty-four (24) hours before the scheduled departure date.
e) 100% of the quoted price if notice of termination is received less than twenty-four (24) hours before the scheduled departure date.
In all cases, the client will remain liable for any additional costs incurred under these Terms and Conditions.
A cancellation charge of maximum 25% quoted contract value plus costs incurred as detailed at the end of this section will be applied if any of the following conditions are met:
Application of the cancellation charge will be at the discretion of Skyhook Helicopters in the event that the aircraft and crew have mobilised to site and are then unable to complete works for any of the reasons listed above. Full mobilisation charge and any other associated costs (ground Task Specialists, accommodation, ferries etc) will be applicable as well as the cancellation charge.
20. VAT
All quotations provided are shown less VAT. The standard rate of VAT is applicable to all invoicing except fuel sales, where 5% is applicable.
21. DATA PROTECTION/GDPR
Skyhook Helicopters will retain, process and use any client information in line with current TSL Contractors Ltd privacy policy legislation. This policy explains when and why we collect personal information about people and how we keep it secure.
Any questions regarding this Policy and/or Skyhook Helicopters/TSL Contractors Ltd privacy practices should be sent by e-mail to info@tslcontractors.co.uk or by writing to: TSL Contractors Ltd, Craignure, Isle of Mull, Argyll, PA65 6AY.
22. FORCE MAJEURE
Neither party to the Contract shall be under any Liability for any failure to perform any of their respective obligations as a result of Force Majeure, other than your obligation to make any payment hereunder. Following notification by one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this Clause, “Force Majeure” relates, but is not limited to, aircraft failure (catastrophic or other), fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism (foreign or domestic), war, rebellion, riot, sabotage, pandemic, strike, or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.
23. LEGAL
If the original site is in Scotland, the contract shall in all respects be construed and operated as a Scottish contract and shall be interpreted in accordance with Scots law. If the original site is in England or Wales, the proper law of the contract shall be English law. If the original site is in Northern Ireland, the proper law of the contract shall be Northern Ireland law.
