Where the Customer is an individual, no part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.

In the following terms and conditions, ‘the Company’ refers to Brisbane Flight Charter, its subsidiaries, brands or identities under which the company may trade, ‘the Customer’ and/or ‘the Hirer’ refers to the person and/or organisation making the booking and ‘the pilot’ refers to the pilot, the aircraft crew or supplier of the aircraft.

The Company provides a flight booking and management service, working closely with operators licensed by the appropriate licensing authority in the relevant jurisdiction or State. The Company manages the booking process, allocation of bookings to service operators, and the overall quality of the service provided to customers. Service operators are responsible for providing vehicles and pilots fully compliant with the terms of their operating license and with the Company’s service quality standards.

Application

These Standard Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon the Company accepting a booking via the Company’s booking system. The Hirer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by Hirer (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the Hirer irrespective of whether the Hirer travels.

Pricing and Quotations

All prices are valid for a period of 7 days from the date of issue, subject to vehicle availability and can be withdrawn or varied without notice. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and other relevant cost increases. Please contact your consultant for up-to-date prices.

Where an obvious error has occurred with the quoted/accepted price, we reserve the right to advise the customer of the error and provide an amended price for the journey and void the booking confirmed or accepted.

Payment

All monies must be paid in full 7 days prior to the performance of the booking unless expressly agreed by the Company in writing. If any outstanding monies are due, the company reserves the right to collect the monies due from the original credit/debit card used by or for the hirer at any time. The Hirer also agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment.

In the event that the deposit is not paid on time or balance is not paid by the due date (normally 7 days before travel unless expressly agreed in writing) the Company reserves the right to cancel the booking and any monies paid will be forfeited and the full balance will be due.

If payment has not been received within the agreed time-scale then the Company can no longer guarantee the quoted price and may be required to revise its quotation.

All bookings made using credit or debit cards will incur a processing fee, unless otherwise agreed by the company in writing.

Invoices

Where the Company has agreed a credit arrangement or account facility with the customer, invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All invoices are to be paid within seven days from the date of the invoice unless otherwise agreed in writing.

Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice. If no query is raised by the Customer within this period, it will be deemed as having been accepted in full. All overdue accounts will be subject to interest at 3% above the prevailing Reserve Bank of Australia base rate and accrued monthly.

Booking Confirmations and Amendments

It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency.

If a Customer requires amendment to a Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking Confirmation. No amendment can be agreed with the Pilot and the Pilot does not have the authority to bind the Company in any manner whatsoever.

It is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking.

The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems and/or adverse weather conditions and these factors should be taken into account by the Customer when requesting a collection time when making a booking.

The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance or event.

Depending on the nature of the booking amendment, additional charges may be required.

Customer Service

The Company operates a customer service improvement programme to make sure that any service issues are dealt with promptly and trigger an improvement to the procedures used. Bookings are tracked at each stage of the process and written and telephone communications are recorded to assist with service improvement.

Any complaints must be made in writing in a speedy and timely manner, the Company will be unable to accept any complaints or apply compensation for complaints received more than 30 days after the date of travel. Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the management of the Company. The Hirer also agrees that in the event of a dispute arising from a booking, a charge back request will not be raised through the card issuer or bank. The Hirer agrees to have a fair independent hearing with a licensed mediator if an agreement cannot be made between the Hirer and the Company.

Any complaints regarding the condition of the aircraft supplied or its facilities should be supported by photographic evidence.

Additional Charges

Cancellation by Hirer

All cancellations must be made in writing. Should the Hirer wish to cancel a booking where the Hirer has paid in either full or part for the booking the following refund terms shall apply:

(a) Any cancellation requests must be acknowledged by us via reply email from one of our representatives. You must email your cancellation request through and ensure that you receive a reply email from us confirming that your journey is cancelled. We will accept no responsibility for cancellation requests made via phone, message service or email that has not been acknowledged by Brisbane Flight Charter.

(b) Brisbane Flight Charter reserves the right to charge you, the client, a cancellation fee of:

–   10% of the total booking amount if you cancel for any reason (this is the non-refundable deposit).

–   25% of the total booking amount if cancelled with 10 day’s notice of your first journey but not less than 7 days.

–   50% of the total booking amount if cancelled with less than 7 day’s notice of your first journey but not less than 5 days.

–   75% of the total booking amount if cancelled with less than 5 day’s notice of your first journey but not less than 3 days.

–   100% of the total booking amount if cancelled with less than 3 day’s notice of your first journey.

NOTE: The cancellation fee will be automatically charged to your card if your journey is cancelled within these terms. If no card details are available, an invoice will be created for the cancellation fee.

(c) Cancellation of an event or holiday or “reason for travel” does not affect the Hirer’s liability for the above cancellation fees and the monies will be due as if the vehicle was travelling.

(d) Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the company. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges.

Cancellation by the Company

In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution.

If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.

In such circumstance the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential loss howsoever arising. It is strongly recommended that the Customer should consider insuring against this risk.

Purpose of Journey

The Company must be notified of any bookings for sporting events, music festivals or political demonstrations and rallies at the time of booking, as there may be specific legal or other requirements that could affect the booking.

Failure to notify the Company correctly of the nature of the journey will be construed as breach of contract and at the Company’s absolute discretion may lead to termination of the booking without compensation or refund.

Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.

Change of Aircraft

The Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. In the event that a vehicle of differing specification is supplied, the Company’s liability will be limited to the amount specified in our standard table of compensation set out in Appendix 1. If for operational reasons the Company is compelled to supply a larger coach than required this will be at no extra charge (unless the number of passengers is increased from the original booking).

Breakdown or Delay

The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the Hirer or en-route to the booking destination as a result.

It is strongly recommended that the Hirer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.

Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and the Company strongly recommends that no valuables should be left on the vehicle at any time, even if that vehicle is locked.

Nor can the Company accept responsibility for any loss of or damage to property left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days. It is the Hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the Hirer or passenger. Property is to be collected at a time agreed by the Company and the Hirer or passenger.

Passenger Conduct

It is incumbent upon the Hirer and the Hirer’s party to behave in a proper manner for the duration of their journey. The pilot is responsible for the safety of the aircraft and as such may refuse to allow a passenger or passengers to board the aircraft or eject them from the vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The pilot may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the aircraft or the aircraft itself.

In such event, at the pilot’s sole discretion, the journey may continue once the passenger or passengers have been removed from the aircraft, but should passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.

Any damage caused to the aircraft by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all costs related thereto.

Limitation of liability

Subject to the remaining provisions of this clause, the Company’s liability to the Hirer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value (excluding any additional Charges arising by way of clause 7.

Neither the Company nor the Hirer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law.

The Company shall not be liable to the Hirer (whether in contract, tort, under statute, for misrepresentation or otherwise including in each case negligence) and whether or not the Hirer was advised in advance of the possibility of such loss or damage, for:

(a) any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or

(b) any indirect or consequential losses whatsoever.

Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay (without set off) the charges or any Additional Charges

Animals

With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this agreement, unless specific permission has been obtained in writing from the company a minimum of three working days prior to the commencement of any journey.

The inclusion of this clause should not be taken to imply that permission will be given for the carriage of animals other than recognised assistance dogs, and specific requirements may be given with regards to restraint of aforesaid animals to ensure safe transit of any animals for which permission is given. Failure to comply with any reasonable requirements may result in summary termination of the journey and removal of the animal from the vehicle.

A recognised assistance dog is one that has been specifically trained to assist a disabled person and that meets the accredited membership criteria of Assistance Dogs International/ANZAD, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International will have formal identification. Accredited Australian and New Zealand assistance dog organisations can be found at the website address:

https://www.assistancedogsinternational.org

  Enforce-ability

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

  Governing Law

These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of Australia. The parties hereby agree to submit to the exclusive jurisdiction of the courts of Queensland