Appendix A to Part 372 - Overseas Military Personnel Charter Operator's Surety Bond Under Part 372 of the Regulations of the Department of Transportation (14 CFR Part 372)
14:4.0.1.4.56.6.24.1.6 : Appendix A
Appendix A to Part 372 - Overseas Military Personnel Charter
Operator's Surety Bond Under Part 372 of the Regulations of the
Department of Transportation (14 CFR Part 372)
Know all persons by these presents, that we ___ (name of charter
operator) of ___ (address) 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 the sum of ___ (see § 372.24(a), 14 CFR
part 372) 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 Principal is an overseas military personnel charter
operator pursuant to the provisions of part 372 of the Department's
regulations and other rules and regulations of the Department
relating to security for the protection of charter participants,
and has elected to file with the Department of Transportation such
a bond as will insure financial responsibility with respect to all
monies received from charter participants for services in
connection with overseas military personnel charters to be operated
subject to part 372 of the Department's Special Regulations in
accordance with contracts, agreements, or arrangements therefor,
and
Whereas this bond is written to assure compliance by Principal
as an authorized charter operator with part 372 of the Department's
regulations, and other rules and regulations of the Department
relating to security for the protection of charter participants,
and shall inure to the benefit of any and all charter participants
to whom Principal may be held legally liable for any damages herein
described.
Now, therefore, the condition of this obligation is such that if
Principal shall pay or cause to be paid to charter participants any
sum or sums for which Principal may be held legally liable by
reason of Principal's failure faithfully to perform, fulfill and
carry out all contracts, agreements, and arrangements made by
Principal while this bond is in effect with respect to the receipt
of moneys from charter participants, and proper disbursement
thereof pursuant to and in accordance with the provisions of part
372 of the Department's regulations, then this obligation shall be
void, otherwise to remain in full force and effect.
The liability of Surety with respect to any charter participant
shall not exceed the charter price paid by or on behalf of such
participant.
The liability of Surety shall not be discharged by any payment
or succession of payments hereunder, unless and until such payment
or payments shall amount in the aggregate to the penalty (face
amount) of the bond, but in no event shall Surety's obligation
hereunder exceed the amount of said penalty.
Surety agrees to furnish written notice to the Office of
International Aviation, Department of Transportation, forthwith of
all suits or claims made and judgments rendered, and payments made
by Surety under this bond.
This bond shall cover the following Charters: 1
1 These data may be supplied in an addendum attached to the
bond.
Surety company's bond No. Date of flight departure Place of flight
departure
This bond is effective on the ___ of ___, 20___, 12:01 a.m.,
standard time at the address of Principal as stated herein and as
hereinafter provided. Principal or Surety may at any time terminate
this bond by written notice to: U.S. Air Carrier Licensing/Special
Authorities Division, Office of International Aviation, U.S.
Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590, such termination to become effective thirty
(30) days after the actual receipt of said notice by the
Department. Surety shall not be liable hereunder for the payment of
any damages hereinbefore described which arise as a result of any
contracts, agreements, undertakings, or arrangements for the
supplying of transportation and other services made by Principal
after the termination of this bond as herein provided, but such
termination shall not affect the liability of the bond hereunder
for the payment of any damages arising as a result of contracts,
agreements, or arrangements for the supplying of transportation and
other services made by Principal prior to the date that such
termination becomes effective. Liability of Surety under this bond
shall in all events be limited only to a charter participant or
charter participants who shall within sixty (60) days after the
termination of the particular charter described herein give written
notice of claim to the charter operator or, if it is unavailable,
to Surety, and all liability on this bond shall automatically
terminate sixty (60) days after the termination date of each
particular charter covered by this bond except for claims made in
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
Only corporations may qualify to act as surety and they must
meet the requirements set forth in § 372.24(c) of part 372.
[Doc. No. DOT-OST-2014-0140, 84 FR 15939, Apr. 16, 2019]