1 The Customer shall indemnify and hold harmless the owner of Hammerwood Park and the helicopter landing site located there ('the HLS') from and against any and all claims, losses, demands, actions and liabilities (including legal expenses) ('Claims') which they may incur (directly or indirectly) as a result of the use of the HLS at Hammerwood Park, East Grinstead including but without limitation Claims arising out of:
1.1 Pilot error, or negligence, or wilful misconduct, by the Customer or by its officers, employees, servants or agents (including helicopter pilots) or arising from any of the risks against which the Customer is obliged to effect
insurance cover under these conditions;
1.2 Any defect in any of the Customer’s helicopters, plant or equipment;
1.3 Any and all claims by the Customer’s officers, employees, servants or agents (including but not limited to its helicopter pilots).
2 As a condition of use of the HLS, the Customer shall:
2.1 Maintain with a reputable insurer third party and public liability insurance in respect of any helicopters using the HLS and of the use of such helicopters, for amounts and on terms which are prudent and adequate in
all the circumstances and in any event for an amount of at least £10 million and against claims by passengers, crew, members of the public for death, personal injury and/or damage to property (including but not limited to damage to the HLS and to Hammerwood Park);
2.2 Maintain such employer’s liability insurance as is required by law, regulations or orders;
2.3 Produce to the owner of the landing site on demand at any time before any use of the HLS, originals or copies of the insurance policies above mentioned and written confirmation from the Customer’s insurers of the matters referred to above.
2.4 Pay all fees, including but not limited to those for landing and parking of helicopters, as previously specified by the owner of the HLS.
3 The owner of Hammerwood Park and the HLS reserves the right to:
3.1 Close the HLS on a temporary or permenant basis and to cancel previously arranged movements at their discretion, with sufficient notice.
4 The Customer shall warrant and undertake to the owner of the HLS that:
4.1 The Customer will be the legal owner of or otherwise be legally entitled to use any and all helicopters using the landing site, and shall hold all licences, approvals, certificates and any other documentation required for the operation of any such helicopters and the flights of such helicopters to and from the landing site.
4.2 Any and all helicopters using the HLS will be maintained in a fully safe and operational condition;
4.3 Any and all pilots operating any helicopters using the landing side shall obtain prior permission for use of the HLS, and shall avoid extended periods of hovering other than for the purposes of safety or air traffic control compliance, and comply with all recommended approach, operational and noise abatement notices contained in the pre-arrival briefing;
4.4 Any and all pilots operating any helicopters using the landing site shall have the requisite licences and authorisations for such operations from the Civil Aviation Authority and any other relevant body or organisation;
4.5 The Customer shall comply and ensure that their officers, employees, servants and/or agents (including helicopter pilots) shall comply with all statutory and other obligations relating to the possession and/or operation of any helicopters using the HLS.
4.6 For the avoidance of doubt, nothing in these Conditions constitutes any attempt by the Customer to exclude or limit their own or their agents’, subcontractors’ or employees’ liability for negligence causing death or personal injury.