Legal Question in Aviation Law in Minnesota
Forced to pay for fuel estimate
I lease an aircraft to a training operation, In the original contract I am allowed to use the aircraft for the fuel that it uses per hour, I have authorized two other people to use the aircraft under the ''owner usage for fuel'' part of the contract. I have been informed that the owner of the operation has put forth a new policy that rather than the fuel that was actually consumed for that flight, there is now a fixed figure for fuel usage, even though the aircraft burned 6 gallons per hour they and I will be billed at 8 gallons per hour.... can he enforce this?
2 Answers from Attorneys
Re: Forced to pay for fuel estimate
It will depend upon the language of the contract and whether it is enforceable. If it is specific and enforceable, the training operation should only be entitled to the actual gph and not an inflated gph. You need to read the language of the contract to determine your rights/remedies.
Re: Forced to pay for fuel estimate
You have a contract question. The answer to your contract question depends upon the contract language. If they are attempting to enforce a new clause to the contract, that must be agreeable to the parties or it will not go into effect until the current contract term ends unless there is a provision in the existing contract allowing this change. You should seek an opinion from a contract lawyer for your specific facts. Good luck.
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