SkyCare SkyCare Terms and Conditions
Important terms governing all medical flights and charter services provided by SkyCare
About This Agreement
The following pages of this document set out the full terms and conditions that apply when you book a medical flight or repatriation service with SkyCare Repatriation Ltd.
Before you proceed with a booking, please read the key points below. These are a summary only, the full terms govern your agreement. If you have any questions, please contact us before confirming your booking.
Key Terms at a Glance
- Payment is required before departure. The full Mission price must be paid before the aircraft departs, unless we have agreed otherwise with you in writing in advance.
- Cancellation charges apply. If you cancel, charges ranging from 20% to 100% of the Mission price will apply depending on how much notice you give. If the flight has already departed, no refund is due.
- Our Flight Clinician has the final say on medical fitness. If our clinician determines at any point, including on the tarmac, that it is not safe to transport the patient, we may delay or halt the Mission. Up to 100% of the Mission price remains payable in these circumstances.
- Accurate medical information is essential. You must provide complete and accurate medical records before departure. If the patient’s actual condition differs materially from what was disclosed, we may cancel the Mission and retain the full fee.
- Airline medical clearance is not guaranteed. For commercial escort Missions, the airline must grant and maintain medical clearance. If clearance is refused or withdrawn at any stage, including at the gate or during transit, we will refund the Mission price minus costs we cannot recover.
- We are not liable for events outside our control. Delays or cancellations caused by weather, conflict, airspace closure, or other force majeure events are not our responsibility. We will always try to find an alternative but cannot guarantee one.
- Travel insurance is your responsibility. We strongly recommend that the patient holds adequate travel and medical insurance. We are not responsible for any shortfall in your cover.
- UK law applies. These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English courts.
Important Notice — Please Read Carefully
These Terms and Conditions (“Terms”) form the entire agreement between SkyCare Repatriation Ltd (“SkyCare”, “we”, “us”) and the Client for all medical flight and charter services. By proceeding with a booking, the Client confirms they have read, understood, and agreed to be bound by these Terms in their entirety.
These Terms apply to all bookings, whether made directly with SkyCare or through an authorised intermediary. If you do not agree, do not proceed with a booking.
Contents
- Definitions and Interpretation
- Formation of Contract
- Services and Pricing
- Payment Terms
- Medical Fitness and Clinical Authority
- Commercial Medical Escort Services
- Aircraft and Operational Conditions
- Passengers and Baggage
- Cancellation and Amendment by the Client
- Cancellation or Suspension by SkyCare
- Liability
- Force Majeure
- Data Protection and Confidentiality
- Insurance
- Complaints and Disputes
- Notices
- General Provisions
1. Definitions and Interpretation
In these Terms, the following definitions apply unless the context otherwise requires:
| Term | Definition |
|---|---|
| SkyCare | SkyCare Repatriation Ltd, including its directors, employees, agents, medical personnel, and contracted flight crew. |
| Client | Any individual, company, insurance provider, healthcare organisation, or intermediary that contracts with SkyCare for a Mission. |
| Patient | The individual requiring medical transport. The Patient may or may not be the Client. |
| Mission | A contracted medical flight or charter journey, including positioning and return legs, arranged and operated by SkyCare. |
| Mission Price | The total agreed price for the Mission as set out in the Confirmation, inclusive of all agreed components. |
| Confirmation | SkyCare’s written acceptance of a booking, setting out Mission details, pricing, and any special conditions. |
| Flight Clinician | The licensed medical professional appointed by SkyCare to provide clinical oversight and fitness-to-fly determinations. |
| Medical Director | SkyCare’s senior clinician responsible for setting medical standards and approving complex or multi-patient Missions. |
| Force Majeure | Any event outside a party’s reasonable control, including adverse weather, airspace closure, strikes, war, terrorism, pandemic, or governmental action. |
| Medical Documentation | All clinical records, physician reports, fitness-to-fly assessments, and other health information provided by or on behalf of the Client or Patient. |
| Warsaw/Montreal Convention | The Convention for the Unification of Certain Rules Relating to International Carriage by Air, Warsaw 1929, as amended, or, where applicable, the Montreal Convention 1999. |
References to “writing” include email. Clause headings are for reference only. The singular includes the plural. References to statutes include all amendments and successor legislation.
2. Formation of Contract
2.1 Booking and Acceptance
A binding contract is formed only when SkyCare issues a written Confirmation to the Client. Quotations and verbal agreements are not binding. SkyCare reserves the right to decline any booking at its absolute discretion, including where it determines a Mission to be clinically, operationally, or regulatorily unsuitable.
2.2 Intermediaries and Agents
Where a booking is made through an agent, broker, or intermediary (“Intermediary”), the Intermediary warrants that:
- it has full authority to contract on behalf of the Client and Patient;
- it has brought these Terms to the Client’s attention;
- all information provided is accurate and complete; and
- it accepts joint and several liability with the Client for all financial obligations.
SkyCare accepts no responsibility for any failure by an Intermediary to discharge its obligations.
2.3 Accuracy of Information
The Client is responsible for ensuring all information provided to SkyCare, including Medical Documentation, travel documentation, and logistical details, is accurate, complete, and timely. SkyCare accepts no liability for consequences arising from inaccurate or incomplete information.
3. Services and Pricing
3.1 Scope of Services
SkyCare will provide the services described in the Confirmation. Unless expressly stated, the Mission Price excludes: ground ambulance services; hospital costs; accommodation or subsistence; visa fees; third-party airport fees; and services provided by third parties at the Client’s request. Ground ambulances and additional ground services can be arranged at additional cost.
3.2 Surcharges
- Sea-Level Cabin Pressure: A surcharge of 25% applies to the patient sector cost, itemised separately.
- De-Icing: Airport de-icing fees passed at cost plus 10% administration.
- Overnight Crew: Accommodation and subsistence charged at cost plus 10%.
- Client-Caused Delays: Where departure is delayed more than 2 hours due to causes attributable to the Client, a delay fee of £300 per hour, pro rata, applies, plus any third-party costs incurred.
3.3 Documentation Delays
If complete Medical Documentation is not received at least 24 hours before departure, SkyCare may reschedule or, if rescheduling is not feasible, cancel the Mission and charge for any irrecoverable costs.
3.4 Quotation Validity
Quotations are valid for 48 hours from issue. SkyCare reserves the right to revise pricing where material changes occur to requirements, or where significant fluctuations in fuel costs, exchange rates, or third-party charges arise after issue.
4. Payment Terms
4.1 Payment Before Departure
Full payment is required before take-off unless SkyCare has agreed otherwise in writing.
4.2 Deferred Payment
Where post-Mission invoicing is agreed in writing, for approved insurers and corporate clients, payment is due within the agreed credit terms in cleared funds. The Client is responsible for cleared receipt by the due date, accounting for international transfer delays.
4.3 Late Payment
SkyCare reserves the right to charge interest on overdue sums at 8% per annum above the Bank of England base rate, calculated daily from the due date, plus reasonable costs of debt recovery.
4.4 Currency and VAT
All charges are in Pounds Sterling (GBP) unless otherwise specified. The Client is responsible for all foreign exchange conversion costs. Prices are exclusive of VAT and applicable taxes unless expressly stated; VAT will be applied where required by law.
5. Medical Fitness and Clinical Authority
5.1 Medical Documentation
Complete Medical Documentation must be received at least 24 hours before departure, including: a current treating physician’s report; a completed SkyCare fitness-to-fly form; details of all medications; and any other clinically material information.
5.2 Flight Clinician’s Authority
The Flight Clinician has sole and final clinical authority over all medical aspects of the Mission and may: refuse to commence a Mission following tarmac assessment; divert the aircraft to the nearest appropriate facility; terminate a Mission at any intermediate point; or make any other clinically necessary decision. SkyCare accepts no liability for costs arising from the lawful exercise of this authority.
5.3 Material Misrepresentation
If the Patient’s actual condition differs materially from the Medical Documentation provided, SkyCare may cancel or suspend the Mission without liability, the full Mission Price remains payable, and SkyCare may recover additional costs or losses caused by the misrepresentation.
5.4 Multi-Patient Missions
Missions involving two or more patients require prior written approval from SkyCare’s Medical Director. Additional charges may apply. SkyCare may decline multi-patient arrangements where clinical or operational risk is unacceptable.
5.5 Onboard Medical Risks
The Client and Patient acknowledge that air transport involves inherent physiological risks including changes in cabin pressure, humidity, and temperature. The medical team will take all reasonable steps to manage these factors, but SkyCare cannot guarantee that environmental conditions will not affect the Patient’s condition.
6. Commercial Medical Escort Services
6.1 Scope
Where SkyCare provides a medical escort service on a commercial airline, a “Commercial Escort Mission”, these Terms apply in addition to any conditions imposed by the operating carrier. The Flight Clinician accompanying the Patient will act in accordance with their professional obligations throughout.
6.2 Airline Medical Clearance
Commercial Escort Missions are conditional upon the Patient receiving and retaining medical clearance from the operating airline. SkyCare will use reasonable endeavours to assist in obtaining clearance, including providing supporting Medical Documentation, but cannot guarantee that clearance will be granted or maintained.
6.3 Refusal or Withdrawal of Medical Clearance
If the airline refuses or withdraws medical clearance at any stage, including prior to departure, at the gate, during boarding, or following a stopover or transit, SkyCare will refund the Mission Price paid, less any costs that SkyCare has incurred and is unable to recover from third parties (“Irrecoverable Costs”). Irrecoverable Costs may include, but are not limited to:
- medical staff pay and expenses;
- airline ticket and ancillary booking costs;
- airport handling and passenger assistance fees;
- medical equipment procurement or rental;
- accommodation, subsistence, or ground transport already committed or consumed; and
- any fees levied by the airline in connection with the clearance process or the removal of the Patient from the aircraft.
SkyCare will use reasonable endeavours to minimise Irrecoverable Costs at all stages and will provide the Client with an itemised breakdown upon request.
6.4 Mid-Journey Withdrawal
Where medical clearance is withdrawn after departure, including at a transit or stopover point, SkyCare will make reasonable efforts to arrange appropriate onward care or alternative transport for the Patient. Any additional costs arising from such arrangements will be charged to the Client unless directly caused by SkyCare’s negligence.
6.5 Limitation of Liability
Refusal or withdrawal of medical clearance by the airline does not constitute a failure of service by SkyCare. SkyCare’s liability in such circumstances is limited to the refund described in Clause 6.3 and SkyCare accepts no liability for consequential losses, including the cost of alternative transport, extended accommodation, or additional medical treatment.
7. Aircraft and Operational Conditions
7.1 Aircraft Substitution
SkyCare may substitute the specified aircraft with an equivalent or superior aircraft for operational, technical, or safety reasons at no additional charge. The Client will be notified as soon as practicable.
7.2 Captain’s Authority
The aircraft Captain has final and absolute authority over all matters of flight safety and may delay, divert, cancel, or offload any passenger or cargo where required in their professional judgment. SkyCare accepts no liability for costs arising from the Captain’s exercise of this authority.
7.3 Regulatory Requirements
All Missions are subject to air traffic rights, overflight permissions, slot approvals, and governmental authorisations. SkyCare will use reasonable endeavours to obtain necessary approvals but cannot guarantee issuance. Where approvals cannot be obtained, SkyCare will notify the Client and propose alternatives where feasible.
7.4 Weather Conditions
SkyCare will not operate a Mission where weather or environmental conditions pose an unacceptable risk. It will endeavour to reschedule at the earliest opportunity. No charge applies for delays solely attributable to adverse weather prior to departure.
8. Passengers and Baggage
8.1 Travel Documentation
The Client is responsible for ensuring the Patient and all passengers hold valid passports and all necessary visas, permits, and health documentation. SkyCare accepts no liability for delays or denial of entry arising from inadequate documentation; all consequential costs are the Client’s responsibility.
8.2 Passenger Conduct
All passengers must comply with reasonable instructions from flight crew and medical staff. SkyCare reserves the right to refuse or offload any passenger who poses a safety risk, behaves abusively, or whose condition has not been properly disclosed.
8.3 Baggage Allowances
Patients: one piece of cabin baggage not exceeding 10 kg, subject to the Captain’s discretion. Accompanying passengers: one piece not exceeding 7 kg. Additional baggage may be accepted at the Captain’s absolute discretion, having regard to weight, balance, and medical equipment requirements. All excess baggage costs are the Client’s responsibility. For operational reasons, some Missions will have reduced baggage allowance, which will be notified to the Client in advance.
8.4 Baggage Inspection and Prohibited Items
All baggage is subject to inspection per aviation security regulations. Prohibited or restricted items must not be carried. SkyCare may offload prohibited items and accepts no liability for consequential delays.
9. Cancellation and Amendment by the Client
9.1 Cancellation Charges
In the event of cancellation by the Client, the following liquidated damages apply, with notice periods calculated from time of written receipt to scheduled departure:
| Notice Period | Cancellation Charge | Notes |
|---|---|---|
| More than 7 days before departure | 20% of total Mission Price | Deposit forfeited |
| 2 to 7 days before departure | 40% of total Mission Price | |
| 2 hours to 2 days before departure | 60% of total Mission Price | |
| Less than 2 hours before departure | 80% of total Mission Price | |
| After departure / partial Mission executed | 100% of total Mission Price | No refund |
9.2 Partial Mission
Where a Mission is commenced but not completed due to a Client-side decision, including a Flight Clinician decision under Clause 5.2, the full Mission Price remains payable. No refund applies to unused sectors.
9.3 Amendment
Requests to amend a confirmed Mission must be made in writing. Where amendments incur additional costs, these will be charged to the Client. Significant amendments may, at SkyCare’s discretion, be treated as a cancellation and rebooking, attracting the charges in Clause 9.1.
9.4 Client’s Right to Cancel for Extended Delay
Where a Mission is delayed more than 48 hours solely due to aircraft technical failure or adverse weather, and SkyCare cannot source an alternative, the Client may cancel without charge. The sole remedy is a refund of the Mission Price less irrecoverable third-party costs already incurred.
10. Cancellation or Suspension by SkyCare
10.1 Right to Cancel
SkyCare may cancel or suspend a Mission without liability in the following circumstances: Force Majeure; inability to obtain regulatory approvals; unacceptable safety risk; failure to provide satisfactory Medical Documentation; failure to make payment; or material misrepresentation by the Client or Patient.
10.2 Consequences of SkyCare Cancellation
Where SkyCare cancels due to its own fault, excluding Force Majeure and Client default, it will refund the Mission Price. This is the Client’s exclusive remedy in such circumstances.
11. Liability
11.1 Scope of Liability
For international carriage, Warsaw/Montreal Convention limits apply. For domestic carriage or matters not governed by those Conventions, SkyCare’s liability is limited to direct losses only, not exceeding the Mission Price paid. SkyCare is not liable for indirect, consequential, special, or punitive losses including loss of profit, opportunity, or additional medical costs.
11.2 Negligence
Nothing in these Terms limits SkyCare’s liability for death or personal injury caused by its own negligence, for fraud or fraudulent misrepresentation, or for any matter that cannot be excluded by law.
11.3 Client’s Indemnity
The Client shall indemnify SkyCare against all losses, claims, costs, and liabilities arising from: inaccurate or incomplete information provided; breach of these Terms; the conduct of any passenger; or failure to comply with applicable laws or documentation requirements.
11.4 Medical Outcomes
SkyCare provides medical transport and does not guarantee clinical outcomes. The medical team will act in accordance with professional duties and clinical protocols. SkyCare accepts no liability for changes in the Patient’s condition attributable to the underlying illness or the inherent effects of air transport.
11.5 Third-Party Services
Where SkyCare arranges third-party services on the Client’s behalf, it does so as agent only. SkyCare is not liable for acts, omissions, or defaults of third-party providers.
12. Force Majeure
12.1
Neither party shall be in breach or liable for delay or failure to perform where this results from a Force Majeure event, including: severe weather, volcanic ash, natural disaster, war, terrorism, civil unrest, pandemic, airspace closure, strike not involving SkyCare’s own employees, or governmental action.
12.2
SkyCare will notify the Client promptly upon becoming aware of a Force Majeure event and will use reasonable endeavours to resume performance or find a suitable alternative.
12.3
In Force Majeure circumstances the Client may not claim any refund beyond irrecoverable pre-paid sums less costs already incurred, and SkyCare is not liable for any consequential losses.
12.4
Where a Mission is delayed, diverted, or cancelled due to armed conflict, civil unrest, acts of terrorism, military activity, or the declaration of a no-fly zone or restricted airspace by any governmental or military authority, SkyCare shall have no liability to the Client beyond a refund of the Mission Price less any Irrecoverable Costs. For the avoidance of doubt, such events constitute Force Majeure under these Terms.
12.5
Where SkyCare, acting on the advice of its crew, security advisors, or any relevant governmental authority, determines that a planned route or destination presents an unacceptable security risk, it reserves the right to decline, suspend, or reroute the Mission without liability. SkyCare will use reasonable endeavours to notify the Client promptly and to propose an alternative where one is practicable.
12.6
The Client acknowledges that SkyCare cannot be required to operate into or through airspace or territories it considers unsafe, and that the final determination of route safety rests with the aircraft Captain and SkyCare’s operational management.
13. Data Protection and Confidentiality
13.1 Personal Data
SkyCare processes personal and sensitive medical data in accordance with the UK GDPR and the Data Protection Act 2018. By submitting Medical Documentation, the Client confirms it has obtained all necessary consents for SkyCare to process such data for Mission delivery and regulatory compliance. SkyCare’s Privacy Notice is available on request.
13.2 Confidentiality
Each party shall treat as confidential all information obtained from the other in connection with the Mission, and shall not disclose it to any third party without prior written consent, except as required by law or as necessary to perform the Mission, including disclosure to receiving medical teams, aviation authorities, or ground handlers.
14. Insurance
14.1
SkyCare maintains appropriate aviation liability, public liability, and professional indemnity insurance as required by law and its operating licence.
14.2
The Client is strongly advised to ensure the Patient holds adequate travel and medical insurance including cover for emergency medical repatriation and in-transit complications. SkyCare accepts no responsibility for any shortfall in cover.
14.3
Where payment is expected from an insurer, SkyCare may require confirmation of cover prior to issuing a Confirmation. The Client remains personally liable for the Mission Price if the insurer fails to pay for any reason.
15. Complaints and Disputes
15.1
Complaints must be submitted in writing within 14 days of Mission completion. SkyCare will acknowledge within 5 business days and respond substantively within 28 days.
15.2
The parties will attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days of written notice, either party may refer the matter to CEDR mediation before commencing litigation.
15.3
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
16. Notices
All formal notices must be in writing and sent by email to the designated contact address confirmed at booking. Notices are deemed received at the time of transmission unless an error notification is received within 24 hours. SkyCare’s designated notice address is: ops@skycare.uk, or as updated in the Confirmation.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Confirmation and any written appendices, constitute the entire agreement between the parties and supersede all prior representations and understandings. No variation is effective unless agreed in writing by an authorised SkyCare representative.
17.2 Severability
If any provision is held invalid or unenforceable, it shall be modified to the minimum necessary to make it valid, or severed if modification is not possible. The remainder continues in full force.
17.3 No Waiver
Failure or delay by SkyCare to exercise any right shall not constitute a waiver. A waiver of one breach does not constitute a waiver of any subsequent breach.
17.4 Assignment
The Client may not assign or transfer any rights or obligations without SkyCare’s prior written consent. SkyCare may assign to any successor entity or associated company upon written notice.
17.5 Third-Party Rights
These Terms do not confer rights on third parties under the Contracts (Rights of Third Parties) Act 1999, except that the Patient, if not the Client, shall have the benefit of SkyCare’s patient care obligations under Clause 5.
17.6 Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
SkyCare Repatriation Ltd
Registered in England and Wales.
