Flight Guardian Contractor Agreement

Job description: Flight Guardian

Report: Flight Guardian Team

Pay scale: Self Employed Named Contractor – On demand.

Roles and responsibilities: As a Flight Guardian you will primarily meet and greet passengers at airports and events as and when required. This on demand role is driven by the needs of the business and subject to your availability as a named contractor.

Duty day allocation: A request will be sent from the FlyAffinity team for a Flight Guardian to attend a flight or event via their preferred email address or WhatsApp. The request will detail the date, time and requirement. If you agree to attend you will be paid as a named contractor, of which the payment terms are set out below in this job description.

Primary tasks required:

• Arrive at the location:
• 1 hour 30 minutes before a scheduled flight departure.
• 45 minutes before an aircraft arrival.
• 15 minutes before attendance at an event.
• Check the aircraft and crew are in position.
• Check catering is presented as ordered and deliver any extras and gifts, if applicable.
• Make sure the bathroom facility at the VIP lounge and onboard is clean and smells fresh.
• Be ready to greet passengers as they disembark or arrive at the airport.
• Inform passengers of any relevant updates, ATC delays, weather issues and advise when boarding will commence.
• Keep the FlyAffinity team updated with any relevant information, for example passengers have arrived, Captain has advised a delay or de-icing is necessary.
• Offer passengers refreshments in the lounge if available.
• Ensure all documentation is presented on behalf of passengers, to handling agents or authorities and returned to passengers, if applicable.
• Liaise with our external partners, for example handling agents, flight crew and executive drivers, to make the passengers journey through the airport seamless.
• For departing flights, once passengers have boarded and safely departed, you are free from duty.
• For meet and greet arrivals, once passengers have left the airport, you are free from duty.
• On occasion you may be required to shop for catering items and aircraft stock. This is unpaid time.

Flight Guardians may also be invited to represent FlyAffinity for other business-related purposes, for example attendance at an industry exhibition.

Tasks required:

• Meet and greet guests.
• Offer refreshments if applicable.
• To speak with confidence, to potential clients and suppliers, about FlyAffinity products and services, our ethos, and values.

Uniform:

At present we do not provide a full uniform. We kindly ask that you wear Navy business attire and polished shoes that you feel most comfortable in. A branded High-Vis, neck scarf and name badge will be provided.

Expenses will be paid as follows:

• Agreed items purchased for passengers, flight crew or in aid of fulfilling your role, will be reimbursed upon presentation of a VAT receipt.
• Breakfast will be paid for on all overnight stays.
• Travel expenses will be paid for attendance of meet and greets or events away from your chosen homebase, as agreed. If travelling by car we use the rates recommended by HMRC and this expense is capped at £50.
• Flights, trains, taxis and other means of transport, used by Flight Guardians who are escorting passengers on flights, will be covered by FlyAffinity.
• Additional expenses and travel payments will be paid at the discretion of the Member Services Director.
• Please photograph all receipts and send them via WhatsApp or email to the Member Services Director. caroline@flyaffinity.com +447962962398

Additional notes:

As a self-employed named contractor you will not receive sick pay, holiday pay, pension contributions, parental pay of any kind, including maternity pay from Fly Affinity Ltd.

As an individual who has accepted the terms of our named contractor agreement, you understand you are not an employee of Fly Affinity Ltd.

Payment:

Payment will be made via bacs payment within 14 days upon receipt of an invoice.

Invoice address:

Fly Affinity Ltd, 85 Great Portland Street, First Floor, London W1W 7LT. Please include your full name, address and bank details to prevent a delay in payment. A template is available upon request.

Rates of pay:

Meet and greet homebase = £100 GBP

Meet and greet away from homebase = £100 + travel expenses capped at £50 or agreed with the Member Services Director at the time of acceptance of the duty.

Overnight stay = £100 GBP + travel expenses + accommodation + breakfast

Onboard Flight Guardian (travelling with passengers onboard a flight) = £250 GBP per flight + overnight stay if applicable + travel expenses + accommodation + breakfast.

Onboard Flight Guardian flights over 5 hours will be paid at a rate of £350 GBP + overnight stay if applicable + travel expenses + accommodation + breakfast + additional overnights.

Example: Meet at Luton fly private to Barbados (Day 1), night stop (Day 1-2) Return to Luton on commercial airline (evening of Day 2) arriving back on day 3 (Day 3 travel home) = Day 1 £350 flight rate + accommodation + breakfast + Overnight £100. Day 2 Travel Day £100 + Overnight £100. Day 3 Travel Day £100 + travel expenses.

Event representative = Voluntary or an agreed amount in GBP as agreed with the Member Services Director + expenses.

Named Contractor Agreement

The ‘Client’ in this case ‘Fly Affinity Ltd’, a limited company registered in the United Kingdom, registered number 13874011 and whose registered office is at 85 Great Portland Street, London, W1W 7LT is of the opinion that the ‘Named Contractor’ in this case the named person as detailed on the acceptance form titled ‘Named Contractor’, has the necessary qualifications, experience, and abilities to provide services to the client.

The Named Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this agreement.

In consideration of the matters described above and of the mutual benefit and obligations set forth in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Named Contractor (individually the ‘Party’ and collectively the ‘Parties’ to this agreement) agree as follows:

1. SERVICES PROVIDED

1.1. The Client herby agrees to engage the Named Contractor to provide the Client with the following services (the ‘Services’):

1.1.1.1. Flight Guardian Services as defined in the Flight Guardian job description.

1.2. The services will also include any other tasks which the parties may agree on and or as detailed in a Flight Guardian job description. The Named Contractor hereby agrees to provide such services to the Client.

2. TERM OF AGREEMENT

2.1. The term of agreement (the ‘term’) will begin on the date of which the Named Contractor agrees and completes a Named Contractor acceptance online form with an electronic signature and The Client has confirmed receipt.

2.1.1.1. This will remain in full force and effective indefinitely until terminated.

2.2. Should either party wish to terminate this agreement, that party will be required to provide seven days written notice to the other party.

2.3. If either party breaches a material provision under this agreement, the non-defaulting party may terminate this agreement immediately and require the defaulting party to indemnify the non-defaulting party against all reasonable damages.

2.4. This agreement may be terminated at any time by mutual agreement of the parties.

2.5. Except as otherwise provided in this agreement, the obligations of the Named Contractor will end upon the termination of this agreement.

3. PAYMENT

3.1. Named Contractor will charge the Client for the services as follows (‘the payment’):

3.1.1.1. Payment will be determined by terms set out in the Flight Guardian job description.

3.1.1.2. Invoices submitted by the Named Contractor to the Client are due within fourteen days upon receipt.

3.1.1.3. Except as otherwise provided in this agreement, all monetary amounts referred to in this agreement are in GBP.

3.2. If this agreement is terminated by the Client prior to completion of the services but where the services have been partially performed the Named Contractor will be entitled to pro rata payment of the date of termination provided there has been no breach of contract on the part of the Named Contractor.

3.3. The Named Contractor will be responsible for all income tax liabilities and national insurance or similar contributions relating to the payment and the Named Contractor will indemnify the Client in respect of any such payments required to be made by the Client.

4. REIMBURSEMENT OF EXPENSES

4.1. The Named Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Named Contractor in connection with providing the services and as detailed in the Flight Guardian job description.

4.2. All expenses must be pre-approved by the Client.

5. CONFIDENTIALITY

5.1. Confidential information (the ‘Confidential information’) refers to any data or information relating to the Client, including its customers and suppliers, whether business or personal, which would reasonably be only private or proprietary to the Client and that is not known and where the release of that confidential information could be expected to cause harm to the Client.

5.2. The Named Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Named Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term and will survive indefinitely upon termination of this agreement.

5.3. The Named Contractor will make sure they adhere to current UK GDPR regulations currently legislated within the Data protection act of 2018.

6. OWNERSHIP OF INTELLECTUAL PROPERTY

6.1. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications from registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the ‘intellectual property’) that is developed or produced under this agreement, will be the sole property of the Client. The use of the intellectual property by the Client will not be restricted in any manner.

6.2. The Named Contractor may not use the intellectual property for any purpose other than that contracted for in this agreement except with the written consent of the Client. The Named Contractor will be responsible for all damages resulting from the unauthorised use of the intellectual property.

7. RETURN OF PROPERTY

7.1. Upon the expiry or termination of this agreement, the Named Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.

8. CAPACITY/INDEPENDENT CONTRACTOR

8.1. In providing the services under this agreement it is expressly agreed that the Named Contractor is acting as an independent contractor and not as an employee. The Named Contractor and the Client acknowledge that this agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

9. AUTONOMY

9.1. The Named Contractor will be responsive to the reasonable needs and concerns of the Client.

10. EQUIPMENT

10.1. Except as otherwise provided in this agreement or a related job description, the Named Contractor will provide at the Named Contractor’s own expense, all tools, machinery, Equipment, raw materials, supplies, workwear and other items or parts necessary to deliver the services in accordance with the agreement.

11. NO EXCLUSIVITY

11.1. The parties acknowledge that this agreement is non-exclusive and that either party will be free, during and after the term, to engage or contract with third parties, provided there is no conflict of interest.

12. NOTICE

12.1. All notices, requests, demands or other communications required or permitted by the terms of this agreement will be given in writing and delivered by email to a correspondence email provider by the Client and Named Contractor at the time of official engagement in this contract.

13. INDEMNIFICATION

13.1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates officers, agents, employees and permitted successors and assigns that occurs in connection with this agreement. This indemnification will survive the termination of this agreement.

14. MODIFICATION OF AGREEMENT

14.1. Any amendment or modification of this agreement or additional obligation assumed by either party in connection with this agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each party.

15. GOVERNING LAW

15.1. This agreement will be governed by and construed in accordance with the laws of England.

16. SEVERABILITY

16.1. If any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part. All other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.

17. WAIVER

17.1. The wavier by either party of a breach, default, delay, or omission of any of the provision of this agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

18. COUNTERPART AND ELECTRONIC SIGNATURE

18.1. This Agreement may be entered into in any number of counterparts and by the parties to it on separate counterparts of which when executed and delivered shall be an original, but all the counterparts together shall continue and shall be the same agreement.

18.2. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.

Data Processing Agreement

The ‘Client’ in this case ‘Fly Affinity Ltd’, a limited company registered in the United Kingdom, registered number 13874011 and whose registered office is at 85 Great Portland Street, London, W1W 7LT is of the opinion that the ‘Named Contractor’ in this case the named person as detailed on the acceptance form titled ‘Named Contractor Acceptance’ agrees this Data Processing Agreement shall form part of the Named Contractor Agreement between the Parties.

WHEREAS

(A) The Company acts as a Data Controller.

(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

1. DEFINITIONS AND INTERPRETATION

1.1. Unless otherwise defined herein, capitalised terms and expressions used in this Agreement shall have the following meaning:

1.1.1. “Agreement” means this Data Processing Agreement and all Schedules.

1.1.2. “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement.

1.1.3. “Contracted Processor” means a Subprocessor.

1.1.4. “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country.

1.1.5. “EEA” means the European Economic Area.

1.1.6. “EU Data Protection Laws” means (i) Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7. “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8. “Data transfer” means:

1.1.8.1. a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2. an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor’s each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws).

1.1.9. “Services” means the services and/or services set out in the Principal Agreement.

1.1.10. “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2. The terms “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as set the GDPR and their cognate terms shall be construed accordingly.

2. TERM OF AGREEMENT

2.1. The term of agreement (the “Term”) will begin on the date of which the Named Contractor agrees and completes a Named Contractor acceptance online form with an electronic signature and The Client has confirmed receipt.

2.2. This will remain in full force and effective indefinitely until terminated.

3. PROCESSING OF COMPANY PERSONAL DATA

3.1.1. Processor shall:

3.1.1. comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and

3.1.2. not Process Company Personal Data other than on the relevant Company’s documented instructions.

3.2. The Company instructs Processor to process Company Personal Data.

4. PROCESSOR PERSONNEL

4.1. Processor shall take reasonable steps to ensure the reliability of any employees agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

5. SECURITY

5.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

5.2. In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

6. SUBPROCESSING

3.3. Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorised by the Company.

7. DATA SUBJECT RIGHTS

7.1. Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights laid out in the Data Protection Laws.

7.2. Processor shall:

7.2.1. promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

8. PERSONAL DATA BREACH

8.1. Processor shall notify Company without undue delay, upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

8.2. Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

9. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION

9.1. Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

10. DELETION OR RETURN OF COMPANY PERSONAL DATA

10.1. Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of Company Personal Data.

10.2. Processor shall provide written certification to Company that it has fully complied with this section 9 within 10 business days of the Cessation Date.

11. AUDIT RIGHTS

11.1. Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, conducted by Company (or another auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processor.

11.2. Information and audit rights of the Company only exist under section 11.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Laws.

12. DATA TRANSFER

12.1. The Processor may not transfer or authorise the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If required such transfers must be effected only on the basis of EU approved standard contractual clauses, and only in circumstances where the onward transfer restrictions under such clauses and the restrictions on sub-processing in such clauses have been waived by the Company. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

13. GENERAL TERMS

13.1. Confidentiality: Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

(a) disclosure is required by law;

(b) the relevant information is already in the public domain.

13.2. Notices: All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by pre-paid first-class post, recorded delivery or by a commercial courier, fax or e-mail to the Party being served, at its registered office from time to time by the Parties changing address.

14. GOVERNING LAW AND JURISDICTION

14.1. This Agreement is governed by the laws of the United Kingdom.

15. COUNTERPART AND ELECTRONIC SIGNATURE

15.1. This Agreement may be entered into in any number of counterparts and by the parties to it on separate counterparts of which when executed and delivered shall be an original, but all the counterparts together shall continue and shall be the same agreement.

15.2. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.