1. Local Knowledge Briefing. Each Operator will provide, and each pilot must receive, a local knowledge briefing before operating from an Operator’s facility (a) for the first time, (b) if it has been longer than one year since the Pilot operated from the Operator’s facility, or (c) if any material change has occurred in the local knowledge briefing since the last time at which the Pilot received a local knowledge briefing associated with the Operator’s facility. Such local knowledge briefing may take the form of a verbal briefing, a written briefing, or other means calculated to impart the necessary information to a pilot unfamiliar with operations in the area. A local knowledge briefing may, but need not, include one or more of the following items
(a) Restricted or special-use airspace in the vicinity;
(b) Places at which open-air gatherings take place;
(c) Adjacent or nearby airspace, especially any heavily congested airspace, including, but not limited to, Class B overhangs;
(d) Any local noise abatement procedures;
(e) Nearby fields or emergency landing areas;
(f) Local communications frequencies; and
(g) Where and how to obtain fuel, oil, and maintenance for the aircraft should the same be required
2. Rental Rates. Rental rates are as stated at the time that the reservation is made in the Online Service. Unless otherwise stated in Online System, all rates are wet Hobbs rates
3. Non-Owned Aircraft Insurance. Each Pilot must possess, at all times while operating any rented aircraft, a policy of non-owned aircraft insurance with liability (including, but not limited to, bodily injury and property damage) coverage of at least $250,000 per occurrence ($25,000 per person) and damage coverage of at least $1,000 per aircraft
4. Cancellation; No-Show and Under-Utilization Charges; Failure to Timely Return Aircraft
(a) If Pilot fails to utilize a reserved aircraft for at least 40% of the time between 0800 local and 1700 local for which the Pilot reserved the aircraft, the Operator may charge, and the Pilot will pay, the rental rate for 40% of the time for which the Pilot reserved the aircraft. This policy applies both to no-show situations and to situations in which the Pilot operates the aircraft for less than 40% of the reserved time
(b) Notwithstanding the foregoing, no no-show or underutilization charge will apply if:
(i) The Pilot cancels the reservation with the Operator at least 24 hours prior to the time at which the rental was scheduled to begin;
(ii) The Aircraft is not present at the Operator’s site and ready for preflight inspection at the time at which the rental is scheduled to begin;
(iii) The Aircraft is not Airworthy at the time that it is tendered for rental;
(iv) The weather at the airport at which the aircraft is based is, at the time at which the rental period is to commence, worse than any of the following criteria. If the Pilot and Operator disagree with respect to any of the following weather conditions, the closest METAR immediately preceding the time scheduled for the rental to begin will be dispositive
(A) Visibility less than six statute miles; (B) Ceiling of less than 3,000 feet
(C) Crosswind component (including gust) in excess of 15 knots (taking into consideration all available runways)
(v) More than six hours prior to the time at which the rental period is to commence, a TAF for an aerodrome within 50 nautical miles from the place at which the aircraft is based calls for any of the conditions stated in Section 4(b)(iv), provid3ed that the Pilot contacts the Operator and cancels the reservation for the aircraft at least six hours before the time at which the rental period is to begin
(c) Each Pilot must return each rented Aircraft at or before the end of the time for which the Pilot has reserved the Aircraft. An Aircraft is not returned until it is parked in the appropriate place at the Operator’s place of business and is available for the next user of the Aircraft to preflight
5. Pilot Documentation
(a) An Operator may, at the time at which the rental is to begin, and to the extent that the same are not already on file and available electronically with OpenAirplane, require that the Pilot show to the Operator the following documentation
(i) Pilot certificate;
(ii) Medical certificate (except if operating exclusively gliders or Light-SportAircraft);
(iii) Current flight review;
(iv) Endorsements necessary to operate the aircraft (e.g. high-performance or complex endorsement);
(v) Proof of the required non-owned aircraft insurance;
(vi) Proof of currency of experience to carry passengers under FAR 61.57
(b) No Operator may require of a Pilot more documentation of the Pilot’s qualification to operate an Aircraft than is stated in Section 5(a)
6. Requirements for, and Restrictions on, Operations
(a) Each Pilot will at all times comply with all applicable law including, but not limited to, all FARs
(b) The Pilot renting the aircraft must at all times serve as pilot in command of the rented aircraft
(c) The Pilot renting the aircraft must be the sole manipulator of the flight controls of the aircraft during taxi, takeoff, landing, or below 1,500 AGL
(d) No Pilot may perform, or permit to be performed, any aerobatic maneuver or any spin in any rented aircraft
(e) No person other than the Operator’s authorized instructors may give instruction in any rented aircraft
(f) No Pilot may intentionally land at any location that is not a charted airport
(g) The Pilot must follow any Operator policy with respect to airports at which the aircraft may be landed (e.g. grass or other runway types), so long as that policy applies to all pilots (including both Pilots and non- Pilots) who rent aircraft from the Operator
(h) No Pilot may permit skydiving or the dropping of any object from any rented aircraft
(i) No Pilot may operate any rented aircraft in formation with any other aircraft
(j) No Pilot may hand-prop any rented aircraft or permit any other person to hand-prop any rented aircraft
(k) Each pilot will cause all available seatbelts and shoulder harnesses in each aircraft to be worn at all times, including times other than taxi, takeoff, and landing
(l) No Pilot may carry any passengers or cargo in any rented aircraft for hire and no Pilot may accept any consideration for any operation in any rented aircraft in excess of the contribution that FAR § 61.113 permits a private pilot to receive
(m) Under no circumstances may the Pilot or any other occupant of any rented aircraft wear or possess a kilt in the rented aircraft
(n) Each Pilot must conduct a thorough preflight inspection of the rented aircraft and immediately report any damage or squawks prior to starting the aircraft
(o) Each Pilot must operate each rented aircraft in a manner so as to land each time with fuel sufficient for at least one hour of operation at normal cruise power
(p) When taxiing within 10 feet of any obstacle, the Pilot must proceed at a pace not to exceed a slow walk until clear. During taxi, each Pilot must maintain at least 50 feet behind light single-engine aircraft, 100 feet behind light multiengine or light jet aircraft, and 500 feet behind helicopters or heavy multiengine or heavy jet aircraft
(q) No Pilot will operate any rental aircraft unless the Pilot complies in all material respect with the “I M SAFE” checklist from the FAA Risk Management Handbook FAA-H-8083-2.
(r) Each Pilot will operate each Aircraft according to the checklists for the Aircraft as supplied by the manufacturer and/or the Operator
(s) No Pilot may operate any Aircraft outside the airspace of the United States
7. Remote Operations
(a) The Operator will credit the Pilot for any fuel purchased at remote locations, up to the price per gallon charged at the Operator’s home base
(b) Any costs of remaining in a remote location must be borne by the Pilot
(c) Retrieval of the Pilot and/or Aircraft from a remote location for any reason other than the failure of the Aircraft to be Airworthy will be at the Pilot’s expense. If retrieval is necessitated because the Aircraft has ceased to be Airworthy other than due to the Pilot’s act or omission will be at the Operator’s expense
(d) If an Aircraft requires maintenance at a remote location other than because it has ceased to be Airworthy other than by an act or omission of the renting Pilot, any maintenance or repairs required to make the Aircraft Airworthy will be at the Operator’s expense. The Pilot renting the Aircraft must solicit and receive the approval of the Operator before authorizing any maintenance or repairs to the Aircraft. If the required maintenance or repairs will require more than four hours to complete or the Aircraft must be left at a remote location overnight to accomplish such maintenance or repairs, the Pilot may, at the Pilot’s option, terminate the rental and leave the Aircraft at the location at which it ceased to be Airworthy. In such a case, the Pilot will be liable to the Operator for the rental charges for the time during which the Pilot actually operated the Aircraft, the Pilot must make commercially reasonable arrangements to secure the Aircraft at the remote location, the Pilot must inform the Operator of such arrangements, the Operator will be responsible for, and will pay the costs of, retrieving the Aircraft from the remote location, and the Pilot will be responsible for transportation of the Pilot and any passengers from the remote location
8. Unavailable Aircraft. If the reserved Aircraft is, or is likely to be, unavailable at the time at which the Pilot has reserved the Aircraft:
(a) The Operator will promptly inform the reserving Pilot of the unavailability of the Aircraft; and
(b) The Operator may offer a replacement aircraft at the same or reduced rental rate, but no Pilot is required to accept any Aircraft other than the Aircraft that the Pilot reserved
9. Additional Charges. An Operator may charge a Pilot additional fees or charges for before-hours or after-hours call-outs or ramp support, retrieval of Aircraft, jumpstarts, and other similar services and circumstances. If such charges are not stated in the local knowledge briefing or posted conspicuously at the Operator’s place of business, such charges will be commercially reasonable
10. Operator Waivers. An Operator may, as to a Pilot and as to an Aircraft made available by the Operator, waive compliance by any Pilot with these Operating Rules and Policies. Any such waiver applies only as between the Operator and the specific Pilot and applies only to the specific rental of the specific Aircraft in connection with which the Operator gives the waiver
11. Wheaton’s Law. Every Pilot and Operator will behave in a principled and civil manner in their interactions with each other and with others during the course of the rental transaction. Every Pilot and Operator has an obligation of good faith and fair dealing in all interactions with all Participants
