Liftbrief / Expert Q&A
10. When an aircraft becomes unavailable, who must act—and who pays?
Put this to: Marcela White and Amanda Applegate.
Why it matters: separate replacement assistance from a contractual replacement obligation. NBAA’s brokerage guidance recommends obtaining carrier terms and understanding the applicable limitations; Part 295 separately addresses refunds when transportation cannot be performed or refunds are otherwise due. A refund provision is not itself a promise to fund replacement transport. (nbaa.org)
Question: “If the aircraft becomes unavailable shortly before an immovable meeting, fixture or performance, what exactly have we purchased beyond someone answering the telephone?”
A good answer should walk through three proposed scenarios:
| Scenario | Questions to resolve |
|---|---|
| Aircraft or crew unavailability | Who sources alternatives, approves them and funds any additional charge? |
| Weather or airport disruption | Which alternatives are considered, and which contractual exclusions apply? |
| Supplier cancellation | What refund, replacement and escalation obligations remain? |
For each scenario, ask about notification timing, decision authority, replacement suitability, deadlines and spending approval.
Follow-up: “Show the clause supporting each promise. Does ‘recovery’ mean assistance, a price-protected replacement, a service credit or something else?”
Evidence to request: the relevant clauses, an escalation tree and a buyer-approved contingency budget. Keep commercial pressure separate from operational go/no-go authority.
Expert quote: [Pending interview, attribution and approval.]