Aircraft Charter Agreement
Terms & Conditions
Intention to contract
In purchasing an aircraft charter flight you agree to be bound by the terms and conditions that follow and that may be set out in our marketing literature and on our web site from time to time including our conditions of carriage. Any variation to these terms and conditions must be agreed in advance of purchase and confirmed in writing.
These may be made by e-mail, telephone, or fax. Once confirmed they may not be changed or cancelled within 48 hours of the scheduled flight. If you fail to attend for your confirmed flight, your deposit may be withheld pending costs incurred in flight planning and aircraft scheduling and you may not be entitled to a full refund.
You must telephone us immediately prior to the agreed flight booking time, in accordance with our instructions, to establish that the weather is suitable for the flight to take place.
Fitness to fly
It will be assumed that you are fit and able to fly and have not been advised not to by your usual medical practitioner. You should not fly if you are pregnant. If you are in any doubt about how any condition may affect your ability to fly you must seek appropriate medical advice. We cannot give advice on your fitness to fly under any circumstances. If we have any cause to suspect that you are unfit to fly or you are under the influence of alcohol or drugs we reserve the right to refuse to fly you and your booking will no longer be valid. In all cases, the decision of the Pilot in command at the time will be final.
Flights take place in acceptable weather conditions. Should the weather change adversely before the flight, or may be likely to change during the course of the flight, we reserve the right to postpone the flight up to the point of take off. Additionally, should the weather conditions change unexpectedly during the course of a flight, we reserve the right to terminate the flight and return to base or land at the nearest convenient location.
Location and Flight Times
The timing of a flight as stated in the brochure, website or otherwise communicated is given as a guide only and shall not be binding on the company. The company reserves the right to reschedule the time or location of any flight at short notice. Some events may be attended by other members of the public, and therefore unavoidable delays may occur. Delays, curtailments and breakdowns are often outside our control and therefore whilst we will endeavor to resolve any immediate issues, we cannot accept responsibility.
Sometimes, there may be occasions beyond our control which result in a flight being postponed or cancelled. In these circumstances we will inform you as quickly as possible so that you are inconvenienced as little as possible. We cannot be held responsible for any direct of consequential loss which you may incur in these circumstances.
Each flight is subject to a pre-flight weight calculation to ensure maximum all up weight is within the aircraft manufacturers lift parameters. We regret that in the interest of safety and operational requirements we may be unable to fly any person whose declared weight is in excess of 120 kg. In any event weight calculations may limit the number of passengers we are able to take at any one time.
We will not be able to fly anyone under the age of 2 weeks and anyone under the age of 16 must be accompanied by a parent, relative or other adult who must agree to accept responsibility for the well being of the child on our standard agreement form.
Acceptance of pilot and crew instructions
You must, at all times, obey the specific instructions of the pilot or crew since these, inevitably, concern flight safety or the general enjoyment of the flight for all passengers. The pilot has absolute authority and responsibility for the flight and will refuse to fly any person who appears unfit to fly or may be likely to be a risk to the safety or enjoyment of the flight by other passengers.
No smoking is allowed anywhere near the aircraft, during the flight, or at the landing site, at any time.
We cannot accept, under any circumstances, responsibility for loss of or damage to vehicles and any other property belonging to you or for which you may be responsible, at helipad, airport, meeting and landing sites. Any vehicle left parked at any of these sites is left at your own risk.
The price stated on the website and brochures/leaflets or otherwise communicated is correct at the time of going to press or when communicated but the company reserves the right to change prices without notice subject to the Company informing the Customer of the new price at the time of ordering. The price includes GST. Where a particular flight has increased in price since the issue of the customers voucher, the customer may be required to pay a supplement. The company will communicate such supplements to customers, recipients as soon as is practicably possible.
Charter Aviation requires a deposit of 50 % of the estimated quote, to be paid on booking. The final payment is to be paid on completion of the booked flight.
Non-account holders are required to secure payment of cleared funds by bank transfer, cheque or credit card prior to the flight taking place. In the event that a credit card is used as security for payment, the option to settle within three days of invoice will be granted. Interest on any delayed payment will be charged at 2% interest on the amount overdue, per month or part of a month, compounded monthly.
Credit Card payments
No refund can be made for credit charges made by your credit card or other chosen finance provider, where they are not refunded to us.
You must not carry:
Firearms of any type including replicas or toys
Explosives such as fireworks, flares, toy gun caps
Gases such as camping or compressive gas cylinders tear gas, mace or CS devices
Gas powered devices (other than hair curlers) such as culinary blow torches or soldering irons
Flammable materials such as petrol, lighter fuel, paint, thinners, non-safety matches, fire lighters
Poisons such as weed killers, insecticides
Corrosives such as filled car batteries, mercury
Security requirements further restrict the carriage of sharp items, such as knives, in hand baggage. Contact Charter Aviation for further information on these restricted items.
Data Protection rights
By accepting these terms and conditions you hereby consent to us or any company associated with us for processing, both manually and by electronic means, your personal data for the purposes of flight operations, account administration management and marketing.
“Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with us, or any other statutory, governmental or regulatory body for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.
We may also contact you or pass your details to other companies associated with us to contact you (including by telephone) with details of any other similar products, promotions, or for related marketing purposes in which we think you may be interested.
You may be assured that we and any company associated with us will treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary. Measures will also be taken to safeguard against unauthorized or unlawful processing and accidental loss or destruction or damage to the data.
This agreement will be interpreted and construed in accordance with the Laws of the Queensland and subject to the jurisdiction of the Queensland Courts.
Rights of third parties
No third party to this agreement shall be entitled to any benefit hereunder, other than as provided elsewhere in these terms and conditions.
Limitation of liability
Our liability to you is limited to the actual price paid for your flight and we cannot be held responsible for any indirect or consequential loss which may be suffered by you in the event that we are unable to provide your flight for any reason whatsoever.
We carry the appropriate regulatory insurance in respect of any liability we may incur for loss or damage to property or death or injury of any person arising out of and during the course of our flight and general business operations. We will gladly supply further details upon request.