RENTAL POLICIES
1. Certificates required. I agree not to operate your aircraft unless I have a current Medical and Pilot Certificate with an appropriate rating as required by Federal Aviation Administration regulations (FARs).
2. Flight rules. I will operate the aircraft only in visual meteorological conditions, under VFR, unless I have a current Instrument rating and have inspected the aircraft to insure full compliance with all IFR equipment requirements.
3. Approved airports. I will operate the aircraft at published airports on paved runways only.
4. Flight plan. I will file and activate a flight plan with FSS for each cross-country flight, advise Silver Express of my destination for flights exceeding 25 miles from the Tamiami Airport, and I will immediately notify Silver Express of any delay in the return of the aircraft. On any flight not returning the same day, I will provide you with an itinerary prior to departure.
5. Approved destination. I will not fly the aircraft outside the State of Florida without your prior consent. If my destination is outside the continental United States, I hereby certify that I have at least an Instrument Rating, with a minimum of 150 logged pilot hours and that I have received an "over water briefing" by a Silver Express Instructor if the flight should be over water. I agree to conduct the flight in accordance with the Bahamas Rental Policy, which is incorporated herein by reference, assume all risks and expenses for the safe return of the aircraft and will tender a deposit of $2500.00 for any flight outside of the continental United States.
6. Approved pilots. I will not permit any person other than myself or a Certified Flight Instructor employed or contracted by you to operate your aircraft, give instruction or conduct a pilot checkout.
7. Maintenance. I will advise you of any maintenance problems noted during the use of the aircraft, and will not authorize any maintenance to be performed on the aircraft without your permission.
8. Aircraft security. I will take every precaution to assure no damage occurs to the aircraft and will not leave it unattended without being securely tied down, with the control lock in place and the doors closed and locked.
9. Survival equipment. I agree to carry survival equipment on board the aircraft as required by the FARs when I fly over water, and to brief all passengers on its use. I will not hold you responsible for the condition of such equipment, nor for injuries resulting from its use or faulty performance.
10. Safety. I will brief all passengers on the proper use of seats, seat belts, air vents, lights and emergency procedures, and I will completely shut down the engine(s) prior to boarding or deplaning passengers. I will not attempt to fly your aircraft until I have personally conducted a preflight inspection as prescribed by the manufacturer and determined the aircraft is airworthy.
11. Condition. I agree to return the aircraft on time and in a condition that is at least equal to its condition when I departed. I understand that smoking is NOT permitted in your aircraft at any time, and I will be charged for any necessary cleanup.
12. Accident. If there is an accident or occurrence that causes damage to the aircraft, a person, or personal property, I will contact you immediately, and under no circumstances later than 24 hours, describing how, when, and where the accident or occurrence happened, and giving names and addresses of witnesses, injured persons, and all persons aboard the aircraft. I will not conceal or misrepresent any material fact or circumstance either before or after an accident or occurrence. In the event the aircraft is damaged or otherwise unable to return to normal service, I will do all reasonably necessary to protect it from further loss. I agree to pay the insurance deductible for any loss sustained while the aircraft is in my possession.
13. Minimums. I agree to pay a rental charge of at least the published daily minimum flight hours for each full day rental.
14. Block-time.
I understand that I may purchase flight time in blocks in exchange for a
discount, that there is no refund on these purchases and that the flight hours
purchased are valid for and must be used within 12 months of the date of
purchase.
15. Delays. I will notify you immediately if I am unable to return the aircraft due to weather, malfunction, illness or other reason and I agree to pay all costs incurred in returning the aircraft to the Tamiami Airport. I also agree to pay a minimum of two hours per day at the current hourly rate for each day that the aircraft is abandoned at a remote location.
16. Cancellation charge. I understand that I may be charged a cancellation fee ranging from $25.00 up to the full value of the reserved time for failure to cancel a reservation at least twenty-four (24) hours prior to the scheduled time of the flight.
17. Master switch. I understand I will be charged $40.00 any time I am found negligent for having left the master switch on.
18. Off-site fuel credit. I understand that fuel purchased off site will be credited to my account upon the presentation of a proper receipt at the time the aircraft is returned, based on the current posted rate. I understand that any charges other than fuel or oil not authorized by Silver Express will not be reimbursed.
19. Prices. I understand that Silver Express reserves the right to change its prices related to rentals and instruction without notice.
20. Payment. I agree to pay my account balance promptly and, in the event of non-payment, I understand that interest will accrue at a rate of 1.5% per month until the balance is paid, and I agree to pay all expenses incurred in the collection of said balance, including legal fees and court costs. I will promptly notify Silver Express of a change of address or telephone.
21. Risk of loss. I assume all risks of loss or damage to any property left, stored or transported in or upon the aircraft either during a rental or after, and indemnify you, your agents, and employees against all claims based upon or arising out of such loss or damage.
22. Regulations. I will comply with all regulations of the FAA, all State regulatory requirements, and any other applicable laws and regulations of all governmental agencies, boards and authorities with jurisdiction over my operation of the aircraft. I will pay all fines, liens, penalties, forfeitures, court costs and other expenses for parking, landing fees or other legal violations assessed against you or me that result from my use of the aircraft, and all other debts or expenses incurred while the aircraft is in my possession. I agree not to use your aircraft to carry passengers or cargo for hire.
23. Forfeiture. If the aircraft is seized or forfeited as a result of the violation of any law or regulation, I will pay you an amount equal to two hours per day rental at the current rental rate for each day the aircraft is so held, with the total of such payments not to exceed its fair market value. I also agree to pay attorneys' fees and all expenses incurred in its recovery or defense and reasonable costs incurred by you in order to enforce the terms or conditions of this Agreement.
24. Usage. I will inspect, preflight, and operate the aircraft in accordance with the aircraft's flight manual and limitations. I will not perform any acrobatic maneuver, including spins, and will not use the aircraft for any unlawful purpose, or any use that requires a special permit or waiver from the FAA, without prior written permission by Silver Express. I will not operate the aircraft at night unless I have night experience in the last 60 days.
25. Refusal. I understand that you may, at your sole discretion, refuse the rental of an aircraft at any time, have the right to cancel this Agreement and take possession of the aircraft at any time when in your judgment there is sufficient cause for this action, and I agree to pay the costs incurred in flying the aircraft back to the Tamiami Airport should you exercise this right.
26. Return Check Charges I agree to pay you a minimum of $40.00 for any check returned unpaid by my bank in addition to applicable bank charges and other collection expenses.
27. Accident. If there is an accident or occurrence, I will cooperate with the insurance company investigation, settlement, or defense of any claim or suit, I will answer under oath any questions by the Insurance Company, I will immediately provide copies of any notices received and will help the Insurance Company in obtaining and giving evidence, attending hearings and trials, and getting witnesses to testify, and cooperate in any other way needed to aid the insurance company in recovery. I will not make any statement about the accident or occurrence to anyone except government authorities, and will not make voluntary payments or assume obligations or expenses without permission, except the rendering of emergency first aid and protecting the aircraft from further loss.
28. Background/credit. I hereby authorize you to conduct a background/credit check as part of the approval process.
29. Entire Agreement, Modification of Agreement Customer acknowledges that the Student Pilot handbook, which, is updated from time to time and notices posted at Silver Express, are incorporated herein by reference and that he/she agrees to abide by the policies and procedures set forth therein. This Agreement and those documents incorporated herein by reference, constitute the entire agreement between the Customer and Silver Express and supercede any and all prior agreements, understandings, representations or statements, either oral or written. Any modifications to or waiver of the terms of this agreement are invalid unless they are made in writing, and signed by the President of the Silver Express.
30. Binding Effect and Benefit of Agreement. All of the provisions of this agreement will be binding on my heirs, legal representatives, successors, executors and assigns and will accrue to the benefit of your legal representatives, successors, and anyone to whom you assign or transfer this agreement.
31. Cumulative Remedies. You may enforce or pursue any one or more of your rights or remedies under this agreement without giving up any other of your rights or remedies. I will not be released from my obligations under this agreement even if you have exercised any of your rights under section 25.
32. Governing Laws. This agreement and the interpretation of its terms shall be governed by the laws of the State of Florida without application of conflicts of law principles. The parties expressly agree to submit themselves to the jurisdiction of the Dade County Circuit Court, and hereby waive their rights to a jury trial.
33. Invalid Provisions. If any provisions of this agreement are invalid or cannot be enforced for any reason, the remainder of this agreement will stay in effect. Any provisions of this agreement that are contrary to applicable law will be considered to be modified to the extent required to conform with the law, if possible, and otherwise omitted from this agreement.
34. Headings. The headings in this agreement are for our convenience only and will not be used to interpret or change the provisions of this agreement in any way.
35. Risks. Customer acknowledges and agrees that there are risks and dangers associated with the operation of aircraft and that many cannot be avoided, despite the exercise of reasonable care by the parties. In consideration of the above agreement, I hereby assume all risks, both known and unknown, for activities arising out of, or associated with my operation of your aircraft and on my behalf and on behalf of my passengers, agents, heirs, executors, administrators and assigns, unconditionally and irrevocably release and discharge Silver Express and its shareholders, directors, officers and employees from any and all charges, complaints, claims, liabilities, obligations, actions, causes of action, suits, costs or losses including service and time charges due under the terms of this rental agreement, and all damages to the aircraft, loss or damage to the aircraft's equipment, or damages to other persons or property caused by acts or omissions on my part, violation of applicable regulations, negligence, or violation of the terms of this Agreement, and all expenses, including attorney's fees and costs actually incurred, of any nature, arising out of the rental of this aircraft. I acknowledge that I have read this agreement and understand that, by signing it, I will be waiving the right to any recovery I might have against the you for personal injuries or damages which I may sustain arising out of, or in the course of, my operation of the aircraft.