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As stated in Clause 4.two above the Operator's terms and situations of carriage apply to the operation of the Flight Schedule pursuant to the Charter Confirmation. These situations shall include the following provisions with out prejudice to the application of the Operator's other terms and conditions of carriage. In the event of any discrepancy in between the Operator's terms and conditions of carriage and the following provisions, the following provisions shall prevail.


If the Aircraft for any explanation is diverted from any airport, aerodrome or destination shown in the initial Flight Schedule to an additional, the journey to the scheduled location shall be deemed to be comprehensive when the Aircraft arrives at such other destination. Charter Value could increase if the Charterer requests that (only as soon as in the affordable opinion of the Operator it is safe or sensible to do so) the Aircraft is repositioned to the destination shown in the initial Flight Schedule. Any additional charges shall be invoiced by Oxygen Aviation to the Charterer and shall be paid promptly by the Charterer.

Nothing at all in this Agreement, expressed or implied, is intended to confer upon any third celebration, other than the legal successors of the Parties and third parties to which the Agreement or certain rights beneath or in relation to the Agreement have been assigned as offered under this Agreement, any rights to call for fulfilment of any obligation under this Agreement or any other right whatsoever below or by explanation of this Agreement.