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Contratos aeronáuticos


CONTRATOS AERONÁUTICOS

Arrendamiento de aeronaves sin inscripción

Arrendamiento de aeronaves entre compañías aéreas, sin inscripción en el Registro de Matrícula de Aeronaves (DGAC Cir 3/2006)

Short-term lease agreement

IATA Aircraft engine short-term lease agreement and its Master short-term engine lease agreement (2002)

ACMI, Wet, Dry, Damp and Moist Leases

Arrendamiento de aeronaves entre compañías aéreas, sin inscripción en el Registro de Matrícula de Aeronaves - Procedimiento para la autorización de aeronaves arrendadas con tripulación ("wet lease") y sin tripulación ("dry lease") -  (DGAC Cir aeronáutica 3/2006)

A Lease is an an arrangement whereby an airline operates services on behalf of another airline. Leases can involve provision by the lessor airline of an aircraft (dry lease), aircraft and crew (wet lease) or aircraft and flight crew (damp lease).

ACMI - Aircraft, Crew, Maintenance & Insurance

The LESSOR provides the aircraft, one or more complete crews (including engineers) including their salaries and usually allowances, all maintenance for the aircraft and insurance, which usually includes hull and third party liability. The LESSOR will charge for the block hour (choc off to choc on) and depending on the aircraft type sets a minimum guaranteed block hours limit per month. If the airplane flies or not, the LESSEE must pay the amount for the minimum guaranteed block hours.

The LESSEE has to provide all fuel, landing/handling/parking/storage fees, crew HOTAC including meals and transportation as well as visa fees, import duties where applicable as well as local taxes. Furthermore the LESSEE has to provide passenger/luggage and cargo insurance and in some cases need to cover the costs for War Risk. Furthermore the LESSEE has to pay the over flight/navigation charges. This point is a bit complicated. When flights are operating they use a flight number, which is issued to airlines by the ICAO. In order to cover the costs of air traffic control services, states over flown will send a bill to the owner of the flight number, which can be readily identified by its code. The aircraft owner will probably have a code, but will not want to use it because he will end up paying the bills. Therefore, an ACMI lease requires that the LESSEE provide his own flight number, so that the bills can be directed to him. Thus, an ACMI lease can usually only take place between two ICAO member states airlines unless other arrangements have been made between LESSOR and LESSEE.

Wet lease

Is basically an ACMI lease, as explained above. The period can go from one month to usually one to two years. Everything less than one month can be considered as ad-hoc charter.

A wet lease is a leasing arrangement whereby one airline (lessor) provides an aircraft, complete crew, maintenance, and insurance (ACMI) to another airline (lessee), which pays by hours operated. The lessee provides fuel, covers airport fees, and any other duties, taxes, etc. The flight uses the flight number of the lessee. A wet lease is typically utilized during peak traffic seasons or annual heavy maintenance checks, or to initiate new routes. A wet leased aircraft may be used to fly services into countries where the lessee is banned from operating.

They can also be considered as a form of charter whereby the lessor provides minimum operating services, including ACMI, and the lessee provides the balance of services along with flight numbers. In all other forms of charter, the lessor provides the flight numbers. Variations of a wet lease include a code share arrangement and a block seat agreement.

Wet leases are occasionally used for political reasons; for instance, EgyptAir, an Egyptian government enterprise, cannot fly to Israel under its own name, as a matter of Egyptian government policy. Therefore, Egyptian flights from Cairo to Tel Aviv are operated by Air Sinai, which wet-leases from EgyptAir to get around the political issue.

In the United Kingdom, a wet lease is when an aircraft is operated under the AOC of the lessor.


Damp and Moist leases

When an air carrier provides less than an entire aircraft crew, the wet lease occasionally is also sometimes referred to as a damp lease, especially in the UK. A wet lease without crew is occasionally referred to as a "moist lease".

Is similar as ACMI and Wet leasing however usually without cabin crew. The LESSEE will provide the cabin crew. This can only be done if the cabin crew receives SEP (Safety and Emergency Procedures) training by the LESSOR, in order to be acquainted with the differences of the aeroplane. This term is not often referred too.


Dry lease

Is the lease of the basic aircraft without insurances, crew, ground staff, supporting equipment, maintenance etc. Usually dry lease is utilized by leasing companies and banks. A dry lease requires the LESSEE to put the aircraft on his own Air Operator Certificate and provide aircraft registration. A typical dry lease starts from two years onwards and bears certain conditions as far as depreciation, maintenance, insurances etc. are concerned. This depends on the geographical location, political circumstances etc.

There are two types of dry lease: Operating Lease and Finance or Capital Lease.

Operating Lease: generally a lease term that is short compared to the economic life of the aircraft being leased. An operating lease is commonly used to acquire aircraft for a term of 2-7 years. With an operating lease the aircraft doesn't appear on the Lessee's balance sheet.

Finance Lease: also known as a capital lease, is defined when on of the following conditions are met:-
1) at the end of the lease term the Lessee has the option to purchase the aircraft at an agreed price.
2) the lease payments are more than 90% of the market value of the aircraft.
3) the term of the lease is over 75% of the aircraft's usable life.
With a finance lease the aircraft appears on the Lessee's balance sheet, as it is viewed as a purchase.

In the United Kingdom, a dry lease is when an aircraft is operated under the AOC of the lessee.

Por ejemplo, Logistic Air ofrece sus Dry Lease diciendo: For those customers who do not require any support or crew services and simply are in need of a leased aircraft only, we offer Dry Lease Services. Our Dry Lease Terms typically range from 1-3 years (minimum). With our Dry Lease Services, clients bear responsibility for all costs other than those associated with major checks and required aircraft service, such as: engine overhauls, landing gear overhauls, and/or D-Checks. All other costs (such as routine aircraft maintenance, including all minor checks such as A, B, and C Checks) and operating costs (in addition to required personnel costs, insurance, and any other measures to keep the aircraft in top condition) will be the responsibility of our clients.


Jurisprudencia

- TS 1129/2007 de 31 oct - La acción ejercitada en la demanda fue calificada expresamente por Oasis como declarativa de una responsabilidad civil extracontractual, con invocación del artículo 1.902 CC, pero el Tribunal estima que ejerció una acción derivada de un contrato. Por su parte, Delta planteó declinatoria con invocación de la fuerza vinculante de una cláusula de sumisión a la jurisdicción de "los Tribunales estatales y federales con sede en los condados de Fulton y Clayton, Georgia, para cualquier controversia derivada de... contrato de arrendamiento de un motor de turbina de gas para aeronave. Declinatoria internacional. Exigencia de responsabilidad. Calificación de la misma conforme a la regla "iura novit curia". Pacto de sumisión a una jurisdicción extranjera. Arts. 6.2 LNA y 10.2 CC.
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