Terms and Conditions for the Supply of Air Travel Services
- Introduction These Terms and Conditions (“Terms”) govern the provision of air travel services by [Company Name] (“we”, “us”, “our”) to you (“you”, “your”). By purchasing or using our Services, you agree to be bound by these Terms.
- Definitions In these Terms:
- “Booking” means a confirmed reservation for the Services.
- “Flight” means the air travel service operated by the third-party aircraft operator.
- “Operator” means the third-party provider contracted to perform the Flight.
- “Services” means the arrangement and supply of air travel services as described in these Terms.
- “You” or “Client” means the person or entity purchasing the Services.
- “We”, “Us” or “Our” means FlightCharter.com.au Pty Ltd, the supplier of the Services.
- Booking and Payment
3.1 All bookings are subject to availability and confirmation.
3.2 Full payment must be made at the time of booking unless otherwise agreed, such as where a deposit arrangement is made.
3.3 Prices quoted are in Australian Dollars (AUD) and exclusive of Goods and Services Tax (GST) unless otherwise specified.
3.4 Prices are subject to change between the time of booking and final confirmation of availability.
3.5 Prices for international flights may be subject to additional Value Added Taxes (VAT) or similar charges imposed by foreign jurisdictions.
3.6 Additional charges, including but not limited to deicing costs, may apply. Where deicing is necessary, these costs will be invoiced separately after the flight, with substantiation provided. You agree to pay such additional costs within 7 days of receiving the invoice. - Changes and Cancellations
4.1 Changes to bookings may incur additional fees and are subject to availability.
4.2 If you cancel your booking, cancellation fees will apply as set out below. You acknowledge and agree that these cancellation fees are a genuine pre-estimate of our loss and are not a penalty.
4.3 Failure to pay any amount owing by the due date may be deemed a cancellation by you, and cancellation fees will apply.
4.4 Failure to attend or board the flight at the nominated time and place will be deemed a cancellation by you, and cancellation fees will apply. 4.5 Cancellation fees are as follows:
- 10% of total booking price if cancelled more than 21 days prior to departure
- 15% of total booking price if cancelled 10 to 21 days prior to departure
- 25% of total booking price if cancelled 7 to 10 days prior to departure
- 50% of total booking price if cancelled 3 to 7 days prior to departure
- 100% of total booking price if cancelled less than 3 days prior to departure or in the event of a no-show 4.6 We reserve the right to cancel Services due to operational requirements, safety concerns, or events beyond our control. In such cases, we will offer you an alternative service or a refund.
- Passenger Responsibilities
5.1 You must comply with all applicable laws, regulations, and airline policies, including but not limited to check-in times, baggage limits, and identification requirements.
5.2 All flights are non-smoking unless otherwise stated.
5.3 You must not engage in unlawful or disruptive behaviour during the flight.
5.4 You are responsible for ensuring you meet any passport, visa, or health requirements for your journey.
5.5 You agree to pay for any cleaning costs that are out of the ordinary and for any and all damages caused by you during the course of the flight. - Liability
6.1 You acknowledge and agree that FlightCharter.com.au Pty Ltd acts solely as an intermediary and broker for the provision of air travel services. The actual performance of the flight is undertaken by a third-party aircraft operator selected by us.
6.2 To the maximum extent permitted by law, we exclude all liability for any loss, damage, cost, or expense arising from or connected with the Services, including any indirect, incidental, special, or consequential loss or damage.
6.3 Weather-related delays, diversions, or cancellations are a real possibility and may incur additional costs for crew accommodation, additional aircraft parking or standing charges, or other associated expenses, which will be payable by you.
6.4 Diversions or re-routing required due to weather conditions may result in additional flight time or landings at different airports. Any additional costs arising from such events are your responsibility and must be paid.
6.5 If an aircraft suffers a mechanical, technical, or systems malfunction causing delay, we will use our best efforts with all care but no responsibility to assist in completing your journey. Costs relating to completing the trip will be presented for your approval prior to incurring expenditure. If the cost is less than the original price, you will be refunded the difference. If the cost is greater and you approve, you agree to pay the additional amount within 7 days of receiving our invoice. - Force Majeure We are not responsible for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to weather events, government orders, or strikes.
- Privacy We collect, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using our Services, you consent to such collection and use.
- Governing Law These Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
- Dispute Resolution If a dispute arises out of or in connection with these Terms, the parties must first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved within 14 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with its Mediation Guidelines. Each party must bear its own costs of the mediation. If the dispute is not resolved by mediation within 30 days of referral, either party may refer the dispute to final and binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English. Each party must bear its own costs of the arbitration.
- Amendments We may amend these Terms from time to time. The latest version will be made available on our website and will apply to all bookings made after the date of publication.
- Consumer Law Nothing in these Terms limits any rights you may have under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws that cannot be lawfully excluded.
- Contact Information For any enquiries, please contact us at:
FlightCharter.com.au Pty Ltd
Phone: +61 8520 2087
Email: bo******@fl***********.au
