General Terms & Conditions of Aircraft Charter
1. By engaging the services of Vortex Air Pty Limited ("the Agent") you ("the Charterer") irrevocably appoint the Agent as the Charterer's agent to enter into all necessary agreements and engage all necessary services with and from the aircraft operator ("the Carrier") in respect of the particular service required by the Charterer.
2. The Pilot in command of the aircraft shall be the final arbiter as to whether or not any flight shall proceed in it's entirety or in part, and in what manner and to which destination, with regard to the prevailing operational circumstances.
3. Vortex Air reserves the right to refuse access to aircraft by intoxicated persons in accordance with various Civil Aviation Safety Authority regulations, orders and requirements of the Civil Aviation Act.
4. Vortex Air reserves the right to change and substitute aircraft, aircraft type and registration. All Vortex Air Charter flights are subject to availability at the time of the flight.
5. The Charterer acknowledges that the Agent is not an agent for the Carrier.
6. To the extent permitted by law:
(a)The Agent is not liable for death of or injury to any person, for loss of or damage to baggage or goods, for delay, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non-provision of any transport or service arising out of the Charterer's engagement of the Agent; and
(b)The Agent is not liable for any inaccuracy in any information concerning the transport, services or their pricing in respect of which the Charterer has engaged the Agent.
7. By engaging the Agent the Charterer agrees to indemnify the Agent against any and all claims, demands, suits, actions, awards, judgments, damages and loss which may arise out of any transport or service provided by any Carrier.
8. By engaging the Agent the Charterer agrees that these terms and conditions form part of any agreement, contract or arrangement between the Charterer and the Agent in respect of the services for which the Agent was so engaged.
9. Vortex Air reserves the right to vary or change without prior notice, the intended flight plan route and timetable.
10. Vortex Air reserves the right to sub-contract another licensed operator, cross hire aircraft, crew, and ground handling personnel or other staff and/or operator’s staff without prior notice.
11. Flights are confirmed only when Vortex Air is in receipt of an accepted, signed Air Charter Quotation noting the Quoting Reference Number and completed payment details. All flights will be performed by an operator holding a valid Air Operators Certificate issued by the Civil Aviation Safety Authority.
12. Baggage items shall be limited to that defined in this document. Any variation from this, in number or mass, shall be carried only at the discretion of the Pilot in command.
13. In the event of aircraft or crew unavailability at any time, for any reason, we will make every effort to provide a replacement, but cannot guarantee we will be successful. Substitute aircraft may not be of the class or type specified in the Itinerary and may incur additional cost. We will not be responsible for passenger expenses of any kind at any time.
14. Additional costs incurred due to weather or Air Traffic Control (ATC) delays:
Quotes are based on the premise that the flight will proceed normally, without undue delays beyond our control. Sometimes weather and air traffic cause delays incurring significant extra flight time and cost. We cannot incorporate these into our quotes, we will advise you of the possibility of these as soon as we become aware of them. Extra flying time caused by these factors includes airborne holding for traffic or weather, and diversion to other airports if anything precludes a safe landing at the destination airport. The decision whether or not to divert, or to abandon the flight, is at the sole discretion of the Pilot(s), in accordance with ATC instructions, or the Pilot(s) judgment with regard to weather conditions. This extra flying time is not accommodated for in quotations, and is payable by the charterer at the appropriate rate for the aircraft type.
15. It is the charterer’s responsibility to ensure that all passengers have the necessary visa’s and passports, and comply with applicable airport security, health, import, customs and excise requirements for any flight.
16. Vortex Air reserves the right to postpone, cancel or redirect the flight due to war, warlike events, strikes, civil war, civil unrest, riots, sabotage, quarantine, hijacking, terrorist actions, weather conditions or other force majeure of the nature, technical reason, detention or similar measures, accidents with the aircraft, or due to any other factors over which Vortex Air has no control, or when the safety of the passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the Pilot(s) or of Vortex Air's personnel.
17. Vortex Air reserves the right to amend, make variations to or cancel the tours, accomodation, transport and other services or facilities. Note that Vortex Air reserves the right to substitute vehicles, aircraft or accomodation at any time.