Appendix A to Part 212 - Certificated or Foreign Air Carrier's Surety Bond Under Part 212 of the Regulations of the Department of Transportation (14 CFR Part 212)
14:4.0.1.1.8.0.1.13.1 : Appendix A
Appendix A to Part 212 - Certificated or Foreign Air Carrier's
Surety Bond Under Part 212 of the Regulations of the Department of
Transportation (14 CFR Part 212)
Know all persons by these presents, that we __________ (Name of
certificated or foreign air carrier) of __________, (City)
__________ (State or Country) as Principal (hereinafter called
Principal), and __________ (name of Surety) a corporation created
and existing under the laws of the State of ________ (State) as
Surety (hereinafter called Surety) are held and firmly bound unto
the United States of America in an unlimited amount, as required by
14 CFR 212.8, for which payment, well and truly to be made, we bind
ourselves and our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
Whereas the principal, a certificated air carrier holding a
certificate of public convenience and necessity issued under 49
U.S.C. 41102, or a foreign air carrier holding a foreign air
carrier permit issued under 49 U.S.C. 41302 or an exemption issued
under 49 U.S.C. 40109 authorizing that foreign air carrier to
engage in charter trips in foreign air transportation, is subject
to rules and regulations of the Department of Transportation
relating to security for the protection of charterers of civil
aircraft and has elected to file with the Department of
Transportation such a bond as will guarantee to the United States
Government the performance of all charter trips (other than cargo
charter trips) originating in the United States and of all Overseas
Military Personnel Charters, as defined in 14 CFR part 372, to be
performed, in whole or in part, by such certificated or foreign air
carrier pursuant to contracts entered into by such carrier after
the execution date of this bond, and
Whereas this bond is written to assure compliance by the
Principal with rules and regulations of the Department of
Transportation relating to security for the protection of charterer
of civil aircraft for charter trips (other than cargo charters)
originating in the United States or of Overseas Military Personnel
Charter trips and shall inure to the benefit of any and all such
charterers to whom the Principal may be held legally liable for any
of the damages herein described.
Now, therefore, the condition of this obligation is such that if
the Principal shall pay or cause to be paid to such charterer any
sum or sums for which the Principal may be held legally liable by
reason of the Principal's failure faithfully to perform, fulfill,
and carry out all contracts made by the Principal while this bond
is in effect for the performance of charter trips (other than cargo
charter trips) originating in the United States and of Overseas
Military Personnel Charter trips, then this obligation shall be
void, otherwise to remain in full force and effect.
The liability of the Surety shall not be discharged by any
payment or succession of payments hereunder in any specified
amount. The surety agrees to furnish written notice to the
Department of Transportation forthwith of all suits filed,
judgments rendered, and payments made by said Surety under this
bond.
This bond is effective the ___ day of ________, ____, 12:01
a.m., standard time at the address of the Principal as stated
herein and shall continue in force until terminated as hereinafter
provided. The Principal or the Surety may at any time terminate
this bond by written notice to the Department of Transportation at
its office in Washington, D.C., such termination to become
effective thirty (30) days after actual receipt of said notice by
the Department. The Surety shall not be liable hereunder for the
payment of the damages hereinbefore described which arise as the
result of any contracts for the performance of air transportation
services made by the Principal after the termination of this bond
becomes effective, as herein provided, but such termination shall
not affect the liability of the Surety hereunder for the payment of
any such damages arising as the result of contracts for the
performance of air transportation services made by the Principal
after the termination of this bond becomes effective. Liability of
the Surety under this bond shall in all events be limited only to a
charterer who shall within sixty (60) days after the cancellation
of a charter trip with respect to which the charterer's advance
payments are secured by this bond give written notice of claim to
the certificated or foreign air carrier, or, if it is unavailable,
to the Surety, and all liability on this bond for such charter trip
shall automatically terminate sixty (60) days after the termination
date thereof except for claims filed within the time provided
herein.
In witness whereof, the said Principal and Surety have executed
this instrument on the ___ day of ________, ____.
Principal Name By: Signature and title Witness Surety Name By:
Signature and title Witness Bonding or surety company must be
listed in Best's Insurance Reports (Fire and Casualty) with a
general policyholders' rating of “A” or better or in the Department
of the Treasury listing of companies holding certificates of
authority as acceptable sureties on Federal bonds. In addition, the
bonding or surety company shall be one legally authorized to issue
bonds of that type in the State(s) in which the charter flight(s)
originate. Agents must provide satisfactory proof that they have
the requisite authority to issue this bond.