Dry Agreement Definition

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When reviewing a lease, the FAA will look beyond actual written agreements to determine the relationship between the parties. Although a lease can be written as a dry lease and the contract, for example, says «Dry Lease,» does not mean that the FAA cannot take the position that the agreement is actually made as a wet lease in disguise. If the FAA occupies this position, if the owner who actually operates the aircraft for the taker does not have an aeronautical certificate, this could be a problem for the lessor and perhaps the taker. What is included in your contract depends on the products or goods that are leased. The next step is to make a written transcript as a legally binding agreement. A dry lease is affected by a number of factors such as depreciation, maintenance, insurance and the political and geographical situation of the taker. They may also be considered chartered by the lessor who provides minimum operating services, including the ACMI, and where the lessor provides the service report as well as the flight numbers. For all other types of charters, the owner provides flight numbers. Variants of a wet framework lease include a code-sharing agreement and a bulk seat agreement. Depending on the type of attitude you have, you need to clarify your responsibilities in your corresponding agreement.

As mentioned above, you can help yourself choose the type of rental contract you need: problems can arise when operators share planes as charter cover without having to comply with part of the 135 certificate. They circumvent the rules, dry the plane by a company under their control. They then place the leasing pilots by their own company, which is also under their control. In short, they offer a wet lease, but avoid the liability of insurance, maintenance and other requirements of part 135 charter. Intelligent, sneaky – but not legal. Current regulations require the tenant (or user) to retain the right to choose a team independently. Any «transportation package» (in which the same party proposes a dry lease at the same time as a separate pilot contract) is considered by the FAA to be an illegal charter. In fact, the FAA has advanced the subject and explained that a plan may not be legal if the party renting the aircraft requires the use of a certain crew, even if there is no connection, neither financial nor anything else.

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