Customers hiring our aircraft are bound by the following terms and conditions, or as varied on specific hire agreements.
Last updated: 11 November, 2005.
Terms and Conditions
- The operator will let to the hirer and the hirer will take on hire the aircraft described on their invoice (hereinafter called the "aircraft") for the flight, journey or period, and upon the terms specified their hire documentation subject to the conditions set out herein.
- The hirer must present all fuel receipts to the operator on completion of the hire. Refund will be made at the lesser of the then current Airborne Aviation fuel price or purchase price. No refund will be made at any later time. The hirer undertakes not to refuel the aircraft from drums unless the operator’s consent is noted overleaf, or otherwise obtained.
- The operator shall have the aircraft ready and available at the hiring commencement time specified overleaf and the hirer shall return the aircraft on or by the due date for return of the aircraft as specified on their hire documentation. The aircraft must be returned to its tie down area and must be tied down and chocked, and the control column and doors must be locked. The key, card and maintenance release must be returned to the office on completion of the hire. If these are taken in error, the pilot in command is responsible for their return to Airborne Aviation Pty Limited at his/her expense.
- The hirer shall contact the operator if and as soon as it is apparent that the hirer will be unable to return the aircraft on the due date as specified on their hire documentation. The hirer will not be liable for late return of the aircraft where such late return is a direct result of a reasonable operational decision by the pilot, to delay return of the aircraft on the basis of weather or other flight safety considerations. In all other events, by way of liquidation damages and not penalty, the hirer will be liable for the greater of the actual flying time or the daily minimum charge of $105 plus GST for each day until return of the aircraft.
- In respect of any hiring the operator reserves the right to cancel the agreement at any time prior to the commencement of the hire period specified on their hire documentation. The operator shall not be liable to the hirer for any loss or damages whatsoever in the event of such cancellation.
- The hirer shall pay the actual flying time at the rate specified on their hire documentation save that if the actual flying time is less than three hours per day the hirer shall pay the balance of three hours for each day of hire at the rate of $35 per hour.
- The aircraft shall not be operated to any time during the hire period or while the aircraft remain in the possession and control of the hirer by any pilot(s) other than those named on their hire documentation or otherwise approved by the operator. The hirer warrants that he or she and such pilots as are named on their documentation are appropriately licenced and comply with Australian medical and biennial flight review requirements, and also with recency requirements as appropriate to the type of aircraft hired and the type of flight and the type of operation undertaken whether that be private or commercial whether for charter or aerial work purposes. Aircraft controls are to be manipulated only by pilots named on their documentation or otherwise approved by the operator and named on their documentation and occupying the command pilot seat.
- In respect of all hiring the hirer agrees to observe all applicable regulations and other statutory requirements. This agreement does not detract from the provision of such regulations or other statutory requirements, but it provides additional obligations. Such obligations in excess of the statutory requirements are to be met. If the statutory requirements and obligations imposed by this agreement are not observed and insurance cover is lost as a result, it is agreed that the operator shall recover the amount of any such loss from the hirer.
- The operator shall not be liable for any loss suffered by a pilot or passengers as a result of unscheduled maintenance or repairs or delay of any nature. The hirer undertakes not to perform or have performed any Civil Aviation Regulation Schedule 5 Part 2 maintenance or any other maintenance unless such maintenance is expressly permitted by the operator.
- The hirer shall leave with the operator written details of planned route and itinerary or if the operator so elects a written description of the geographical area of planned operation with such details as the operator shall require, including practical mans of contact with the hirer for use by the operator during the period of hire. The hirer shall confine his use of the aircraft to the route/geographical area so specified and shall vary it only with the express written consent of the operator.
- Except in the event of an emergency or as a precautionary measure to ensure the safety of the aircraft or its occupants, the hirer shall not land at any landing areas other than those expressly approved by the operator. Otherwise, the hirer shall land only at licensed aerodromes. The hirer shall at all times ensure that the aircraft is operated in accordance with the takeoff and landing charts contained in the flight manual for the aircraft.
- The hirer shall at all times ensure that the aircraft is operated in accordance with the flight manual for the aircraft and Airborne Aviation Operations Manual. The operator is not bound by and accepts no responsibility for performance figures produced by the manufacturer or operator.
- Notwithstanding anything contained in this agreement the operator is not liable for any loss, damage or injury caused by or as a result of activities of or the negligence of it and/or its servants or agents.
- The operator warrants that insurance covering third party liability is in force in respect of the aircraft. The operator does not warrant that the pilot is insured under any policy of insurance to which the operator is a party or that cover under that policy will be available to the pilot. The hirer shall be liable for any otherwise payable by the operator. The hirer and pilot in command shall be jointly and severally liable for any damage to the aircraft caused or contributed to by negligence of either the hirer or pilot in command.
- These conditions shall be governed by the laws of the state of New South Wales and any proceedings in respect of any claim matter or thing against the operator shall be instituted in that state. The operator shall not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in writing and is signed on behalf of the operator by a duly authorised officer.
If you have any questions about these terms and conditions please contact us.