Aircraft Operating Agreement Template for India

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Key Requirements PROMPT example:

Aircraft Operating Agreement

"I need an Aircraft Operating Agreement for a private Boeing 737 aircraft based in Mumbai, to be operated for corporate transport within India, with operations starting March 2025 and including specific provisions for medical evacuation capabilities."

Document background
The Aircraft Operating Agreement serves as a crucial legal framework in the Indian aviation sector, establishing the rights, responsibilities, and operational parameters between aircraft owners/lessors and operators. This agreement is essential when an entity owns an aircraft but delegates its operation to another party, or when complex operating arrangements need to be established. The document must comply with Indian aviation regulations, particularly the Aircraft Act 1934, Aircraft Rules 1937, and DGCA requirements, while addressing key aspects such as operational control, maintenance, crew management, safety standards, and financial terms. It's particularly relevant in scenarios involving commercial operations, private aviation, or specialized services like medical transport, incorporating necessary provisions for insurance, liability protection, and regulatory compliance specific to the Indian jurisdiction.
Suggested Sections

1. Parties: Identification of the aircraft operator and owner/lessor, including full legal names and addresses

2. Background: Context of the agreement, including the purpose and basic commercial understanding between parties

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for early termination

5. Aircraft Specifications: Basic description of the aircraft(s) covered under the agreement

6. Operational Control: Clear designation of operational control and associated responsibilities

7. Operating Requirements: Compliance with aviation regulations, required certifications, and operational standards

8. Crew Requirements: Specifications for flight crew qualifications, training, and responsibilities

9. Maintenance Obligations: Requirements for aircraft maintenance, inspections, and record-keeping

10. Financial Terms: Payment terms, operating costs, and financial responsibilities

11. Insurance Requirements: Mandatory insurance coverage and minimum limits

12. Indemnification: Mutual indemnification provisions and liability allocation

13. Force Majeure: Provisions for unforeseen circumstances affecting operations

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

15. Dispute Resolution: Procedures for resolving disputes between parties

Optional Sections

1. Wet Lease Provisions: Additional terms specific to wet lease arrangements, used when the operator provides crew along with the aircraft

2. International Operations: Special provisions for international flights, needed when operations extend beyond Indian airspace

3. Charter Operations: Specific terms for charter flight operations, included when charter services are part of the agreement

4. Ground Handling: Terms for ground handling services, included when these services are part of the operation agreement

5. Training Programs: Detailed training requirements and programs, needed when operator is responsible for crew training

6. Environmental Compliance: Specific environmental requirements, included for operations in environmentally sensitive areas

7. Security Requirements: Additional security measures, needed for special operations or high-security requirements

8. Sublease Rights: Terms governing sublease of aircraft, included when sublease rights are granted

Suggested Schedules

1. Schedule A - Aircraft Specifications: Detailed technical specifications of the aircraft, including registration numbers, configuration, and equipment

2. Schedule B - Financial Terms: Detailed breakdown of rates, charges, and payment terms

3. Schedule C - Insurance Requirements: Specific insurance requirements including types, amounts, and named insureds

4. Schedule D - Maintenance Program: Detailed maintenance requirements and schedules

5. Schedule E - Operating Territories: Approved geographical areas of operation

6. Schedule F - Minimum Crew Requirements: Detailed crew qualification and experience requirements

7. Appendix 1 - Standard Operating Procedures: Detailed operating procedures and protocols

8. Appendix 2 - Reporting Requirements: Forms and procedures for operational reporting

9. Appendix 3 - Emergency Response Procedures: Procedures for handling emergency situations

10. Appendix 4 - Quality Assurance Program: Details of the quality assurance and safety management system

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Aviation

Transportation

Tourism

Logistics

Oil & Gas

Emergency Services

Private Charter Services

Corporate Services

Healthcare (Air Ambulance)

Mining

Relevant Teams

Legal

Operations

Finance

Compliance

Risk Management

Fleet Management

Technical Operations

Safety & Quality Assurance

Commercial

Procurement

Insurance

Aviation Management

Relevant Roles

Aviation Manager

Fleet Operations Director

Chief Pilot

Maintenance Director

Compliance Officer

Legal Counsel

Risk Manager

Finance Director

Safety Manager

Operations Manager

Commercial Director

Technical Director

Quality Assurance Manager

Contract Administrator

Aviation Insurance Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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