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  #17  
Old May 7th 04, 03:13 AM
Peter Gottlieb
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"Peter" wrote in message
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I'd recommend against accepting such a clause in a rental agreement.
The renter has no control over the quality of maintenance of the
plane, how previous renters operated it, or many other factors that
could lead to an unexpected breakdown. Therefore the renter who is
unlucky enough to have possession when the breakdown occurs should not
have to suffer undue financial hardship (he's probably already had his
day disrupted by not being able to continue his planned flight).


I once got some free time in a FBO plane to bring an instructor up to where
another of their planes had gotten left due to a problem to bring it back
after repairs. They had originally sent another plane up there (with
another instructor) to pick up the renter.

I also feel this clause could lead to renters taking slightly more risks
than they might otherwise to fly a marginal plane back to the home
airport.


They seem to be opening themselves up to some liability. If someone flew
back a plane that had a problem and had an accident, and claimed they felt
unduly pressured by that clause, I am sure an enterprising lawyer could work
that into a fat civil suit.

At the FBO where I helped out (I was a good customer and that's why I got
the opportunity) they always said if something was questionable to call them
and speak to a mechanic and they would always come out to get you if
something was in the least bit unsafe or you were unsure you could handle
the flight due to conditions.


 




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