Terms and Conditions for the Supply of Air Charter Services
1. Introduction
These Terms and Conditions (“Terms”) govern the supply of air charter services by FlightCharter.com.au Pty Ltd (“we”, “us”, “our”) to you (“you”, “your” or “Client”).
By making a Booking or using our Services, you agree to be bound by these Terms.
2. Definitions
In these Terms:
Approved Major Carrier means an airline or operator whose published cancellation terms exceed the standard cancellation schedule set out in these Terms and who does not agree to vary those terms.
Booking means a confirmed reservation for the Services.
Flight means the air travel service operated by a third-party aircraft operator.
Operator means the licensed third-party air carrier contracted to operate the Flight.
Services means the arrangement and supply of air charter services by us as principal.
Client means the person or entity purchasing the Services.
3. Our Role
3.1 We contract with you as principal to arrange and supply air charter services performed by independent aircraft Operators..
3.2 Flights are performed by independent third-party Operators who hold the required regulatory approvals and operating certificates.
3.3 We do not operate aircraft and do not exercise operational control over any Flight.
3.4 The Operator retains exclusive operational control of the aircraft, including responsibility for flight safety, crew, maintenance and regulatory compliance.
3.5 We select Operators based on licensing, regulatory compliance and operational suitability. We do not guarantee the ongoing financial solvency of any Operator.
4. Booking and Payment
4.1 All Bookings are subject to aircraft availability and confirmation.
4.2 Payment may be required in full or in instalments as specified in the Booking confirmation.
4.3 An initial deposit may be required to secure aircraft availability and confirm the Booking.
4.4 Failure to make any required payment when due may be treated as a cancellation by the Client and cancellation charges may apply.
4.5 Prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise specified.
4.6 Prices are based on the rates provided by the Operator at the time of quotation. If the Operator increases its charges after quotation due to fuel surcharges, regulatory costs, airport charges, or other operational costs, we may adjust the Charter Price accordingly and will notify you as soon as reasonably practicable.
4.7 Additional operational costs may apply, including but not limited to:
- de-icing
- airport surcharges
- crew accommodation
- aircraft repositioning
- regulatory charges
- aviation fuel price increases
Where such costs arise due to operational requirements beyond our reasonable control, they will be substantiated and invoiced separately.
4.8 Where payment is made by credit or debit card, the Client confirms they are authorised to use the card and approve the transaction for the Services booked and agree that charges made in accordance with these Terms are valid and authorised transactions.
5. Changes and Cancellations
5.1 Changes to a Booking are subject to availability and may incur additional charges.
5.2 If you cancel your Booking, the following cancellation fees apply:
- 10% of total Booking price if cancelled more than 21 days prior to departure
• 15% if cancelled 10–21 days prior
• 25% if cancelled 7–10 days prior
• 50% if cancelled 3–7 days prior
• 100% if cancelled less than 3 days prior or in the event of a no-show
5.3 Failure to pay amounts due or failure to attend for departure will be deemed a cancellation by you.
5.4 We may cancel or vary Services due to operational requirements, safety concerns, or events beyond our reasonable control.
5.5 Where an Operator is unable to perform a confirmed Flight for reasons beyond our reasonable control, we will use reasonable endeavours to arrange a replacement aircraft or operator.
5.6 If a suitable replacement cannot be arranged, you will be entitled to a refund of amounts paid for the affected Flight.
5.7 Operator-Specific Terms
Where a Flight is operated by an Approved Major Carrier whose cancellation terms differ from the standard cancellation schedule set out above, those specific cancellation terms will be disclosed in writing prior to confirmation and will apply to that Booking.
5.8 Nothing in this clause limits any rights you may have under the Australian Consumer Law.
6. Passenger Responsibilities
6.1 You must comply with all applicable laws, aviation regulations and Operator requirements.
6.2 You are responsible for ensuring you meet passport, visa, health and travel documentation requirements.
6.3 You must not engage in unlawful, unsafe or disruptive conduct during the Flight.
6.4 You are responsible for any damage caused by you during the Flight, including extraordinary cleaning or repair costs.
7. Operational Variations
7.1 Weather conditions, air traffic control restrictions, regulatory directives, airport closures, security events and mechanical issues may result in delay, diversion or cancellation.
7.2 Where a diversion or variation is required for safety or regulatory reasons beyond our reasonable control, reasonable additional direct operating costs may be payable, provided such costs are substantiated.
7.3 Where necessary to complete a Flight, we may arrange substitution of aircraft or operator of comparable standard.
7.4 Where a Flight is delayed or varied due to circumstances beyond our reasonable control, we will use reasonable endeavours to assist in completing your journey.
7.5 Nothing in this clause excludes any rights you may have under the Australian Consumer Law.
8. Liability
8.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot be lawfully excluded.
8.2 Subject to clause 8.1 and to the maximum extent permitted by law, we exclude liability for any indirect or consequential loss, including loss of profit, revenue, opportunity, business interruption or event cancellation costs.
8.3 Subject to clause 8.1, our total aggregate liability arising out of or in connection with a Booking, the Services, or these Terms is limited to the total amount paid by you for that Booking.
8.4 We are not liable for losses caused by events beyond our reasonable control, provided we have exercised due care and skill in arranging the Services.
9. Force Majeure
We are not liable for failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to:
- severe weather
- natural disasters
- government orders
- airspace restrictions
- airport closures
- security events
- industrial action
subject always to your rights under the Australian Consumer Law.
10. Travel Insurance
We strongly recommend that you obtain appropriate travel and event cancellation insurance.
11. Privacy
We collect, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
12. Dispute Resolution
12.1 If a dispute arises, the parties must first attempt to resolve the matter through good faith negotiations.
12.2 If the dispute is not resolved within 14 days, the parties agree to attempt mediation in Sydney, New South Wales.
12.3 Nothing in this clause prevents either party from commencing proceedings in a court of competent jurisdiction.
13. Governing Law
These Terms are governed by the laws of New South Wales and the Commonwealth of Australia.
14. Amendments
The version of these Terms in force at the time of Booking applies to that Booking.
15. Consumer Law Notice
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
