On this page you can overview the terms and conditions (v1) Aerials by AERO works with. These are based on the general recognised terms and conditions by film production company alliance ‘FijnWeekend’.
When accepting a quote and by that confirming the booking you automatically acknowledge and accept these terms.
A working day is a shooting day or a non-shooting day. For the sake of the well-being and safety of the crew, a working day should never exceed 14 hours.
1.1. Full shooting full day
A full shooting day is 9 hours away and at home including a minimum of 30 minutes seated lunch, minus breakfast and wrap snack.
1.2. Half shooting day
A half shooting day is 5 hours away and at home including a minimum of 30 minutes seated lunch, minus breakfast and wrap snack.
1.3. Non-shooting day or recce
A non-shooting day is a working day for the benefit of production outside the shooting days. The same conditions apply to a non-shooting day as to a shooting day.
The general start time of work on set.
An earlier start time than the crew call for an individual crew member or department.
Breakfast call is the time at which a breakfast, offered by the client, is available. Breakfast takes place in your own time.
Any work exceeding what is defined under the working day is considered overtime and subject to a surcharge. Overtime is calculated per day and cannot be compensated on other days.
3.1. Overtime calculation
Overtime allowances are calculated using the following format of the hourly rate:
Approved day fee divided by working hours (full 9, half 5) times hours of overtime.
4.1. Night rate
Travel time and working time between 22:00 and 06:00 is considered night work. During these hours, the night rate applies. The producer/client must announce night work at least 72 hours before the start of the working day. The night rate only applies to the single working day that takes place wholly or partly at night. If there are several consecutive days with night work, the sleep-of day arrangement applies. a. The night rate is 150% of the hourly rate for travel and operating hours between 22:00 and 06:00.
4.2. Sleeping day
A consecutive period of night work occurs when two or more consecutive shooting days end after 02:00. If there is a sleep-in day, the night rate as stated under 4.1 will lapse.
A sleep-in day is the compensation for the day after a consecutive period of night work, which cannot be filled in as a regular working day because of the night work.
a.The compensation for the day of is 100% of the daily rate.
A surcharge applies on public holidays, as stated on the website of the central government.
On these days, the special public holiday rate of 200% of the regular daily price is applied.
Breakfast call is the time at which a breakfast, offered by the manufacturer, is available. Breakfast takes place in your own time.
The lunch break lasts at least 30 minutes during which the crew member can have lunch while seated. The hot lunch is offered by the producer. Lunch starts under normal circumstances 5 hours after crew call. Crew gives the space to finish a slate.
6.3. Second meal
If a shooting day, planned or unforeseen, lasts longer than 12 hours, the producer must offer a second meal. This is a hot snack that is taken in hand during work. There is never more than 5 hours between lunch and second meal.
Wrap bite is the small snack offered by the manufacturer after the wrap. ‘Wraphap’ takes place in contemporary times.
The producer and crew member determine in advance what the location is for the production. If the location is not determined, then the office of the client is the location.
8.2. Out and home
The travel and working time between departure from and arrival at: place of employment, facilities company or hotel
8.3. Travel day
A travel day is a day on which a crew member travels; to, from or between hotels (or other accommodations) Travel days are charged as follows:
50% of agreed upon day fee.
8.4. Travel by plane or train
Only direct flights or train journeys with equipment loaded on the same plane or vehicle as crew are accepted. In the rare event of no available direct flights or train journey, flights or journeys with one stop in consultation between the client and the contractor and in all reasonableness and fairness. Never flights or train journeys with more than one stop.
The following conditions apply for business travel by aeroplane and train journeys.
a. All expenses covered by production excluding food and drinks.
b. This also includes luggage and extra luggage fees if applicable.
Accommodations offered by the producer in a non-shared room in a hotel, apartment or other suitable accommodation near the shooting location when the progress of the production requires it.
8.6. Per diem / stay
Per diem or sejour is the allowance for living expenses when a crew member has to spend the night elsewhere than at home for the production.
a. For working days including lunch, the reimbursement is: €25 per day.
b. For travel days and days off, the reimbursement is: €50 per day.
c. The under a. and b. mentioned fees will lapse when the producer incurs costs.
The intention of a client to book a crew member and/or material and the intention of a crew member to keep the period proposed by the client free for a production.
a. Both parties inform each other at least 72 hours in advance when the option will or will not be exercised so a booking can be converted.
b. In special cases, such as weather days, it is possible to deviate from the term referred to under a. in consultation.
The confirmation that the client will use the services and/or equipment of the crew member for a pre-agreed period. A booking is a binding agreement and therefore emphatically not an option.
A cancellation is canceling a booking before the start of the working day or working days. Depending on when a cancellation takes place, a percentage of the daily price will be charged for single working days:
a. Within 48 hours before the start: 50% of the daily price.
b. Within 24 hours before the start: 100% of the daily price.
Flight planning needs to be performed respecting the following conditions regarding the intended airspace to be operational in.
a. Military and civil CTR Within 72 hours of intended first take off time.
b. Operations in close range (< 50 meter) of roads, waterways, rails and build up area like industrial area’s, urban areas and cities. Within 48 hours of intended first take off time.
c. Rural area and open airspace Within 24 hours of intended first take off time.
In some rare occasions and in consultation between the client and the contractor and in all reasonableness and fairness both parties can unanimously decide to shorten the mandatory project specific flight planning time.
Operations in CTR (12KM radius around most airports) are subject to approval of local ATC personnel. Therefore it is always a possibility that intended flights are not feasible on days requested by client. AERO will do everything in her power to make a flight be approved when all conditions are met.
In some CTR airspaces unique conditions apply.
a. AMSTERDAM CTR
As declared by the Air Traffic Control only one commercial drone operation can be active at the same time. It is because of this measure that flight planning needs to be performed at leaste 72 hours in advance of first take off time.
Use of RT equipment and operator conditions
a. Civil CTR Use of RT equipment and operator is mandatory for all Civil CTR airspaces.
b. Military CTR Use of RT equipment and operator is subject to revered way of working for military CTR’s. Most of the military air traffic control operators are fine with using telephone as the method to sign in or off. This is solely the decision of the specific military ATC entity and therefore will be mandatory when decided.
In the unlikely event of Air Traffic Control cancelling a pre-confirmed flight AERO reserves the right to calculate already made expenses to the client as flight planning, use of exemption, hardware and planning with ATC. Man hours are calculated as 50% to cater to the client.
In the event of force majeure or unforeseen circumstances, in consultation between the client and the contractor and in all reasonableness and fairness, it is possible to deviate from the provisions under 1 to 9 inclusive.
For bad weather this only applies when weather predictions could never be foreseen using the Windy weather application always checked by the flight crew and/or project planner.
Aerials by AERO retains all copyright and ownership rights to any films or other audiovisual works created during the term of this agreement. The customer acknowledges that AERO is the sole owner of all intellectual property rights in and to the films produced by us.
AERO grants the customer a non-exclusive license to use the films produced by us solely for the purposes specified in the agreement. The license shall be limited to the territory and time period agreed upon by the parties.
Transfer of rights
Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of AERO.
This provision applies as a clause with property law effect as referred to in Section 3:83(2) of the Civil Code.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Aerials by AERO is established / has a practice / has its office has exclusive jurisdiction to take cognisance of any disputes between the parties, unless the law prescribes otherwise.