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Old 30th Nov 2001, 12:33
  #7 (permalink)  
gaunty

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Join Date: Jul 1999
Location: Australia
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Another wrinkle on this dubious practise.

Scenario:
A large company after employing a consultant to advise on their aviation responsibilities and liabilities, tenders for and after an audit contracts with Charter company "A" for the provision of a 19 pax SFAR23 two crew turboprop type aircraft on a regular weekly basis for the transport of staff to and from their site.
Charter company "A" for opportunistic reasons, sends their 19 pax aircraft off on another task and in turn contracts the use of Charter company "B" and Charter company "C"'s single pilot FAR23 turboprop to fulfil their obligations. The pax and possibly the charterer are unaware of the type or operational differences.
One of the sub chartered aircraft crashes with no survivors.

Have been any regulatory transgresions?
What are the liabilities that fall on Charter companies "A, B & C"?
Does the Charterer and the passengers estates either jointly or severally or individually have a case for damage against Charter companies "A, B & C"?
Is it incumbent on Charter Companys "B & C" to enquire behind the request for the job, ie. to reveal under what terms and conditions was the original job undertaken by "A"?
Does the insurer of each of the Charter companies have an action against them or able to refuse to pay and what grounds are possible? If in fact it is not the same insurer.
It goes on.

Complicated? I don't think so, but I'd be interested to now what you think?
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