Terms & Conditions - Wellington Jet Charters
1.) Introduction
1.1 This document sets out the terms and conditions upon which Wellington Jet Charters Trust trading as Wellington Jet Charters (“WJC”) shall provide Services and/or Goods and/or the Aircraft Hire agreement (“AHA”) to you (“Client”).
1.2 These terms and conditions apply to all flights and associated services that are conducted by or on behalf of WJC.
2.) Laws and regulations
2.1 The Client agrees to conduct the hire of the aircraft in accordance with the WJC’s Terms and Conditions, WJC’s Air Operators Certificate and requirements of the New Zealand Civil Aviation Authority.
3.) Health and Safety
3.1 WJC commits itself to the health and safety of all passengers, staff and associated personnel. In any event, the Pilot in Command at all times has sole authority on all aspects of the charter in order to provide the safest environment for all parties involved. If a threat to the health and safety of a charter is detected, the Pilot in command has authority to divert a flight(s), change the charter plan, cancel the charter or refuse entry to individual passengers and/or their property.
4.) Passenger Luggage
4.1 Passenger luggage may be limited for legal and safety reasons. The Client will be notified of total baggage allowance per flight when a charter booking has been made.
4.2 Dangerous goods must not be carried in any section of the aircraft. This includes but is not limited to:
A.) Firearms and ammunition,
B.) Weapons of any kind,
C.) Flammable materials,
D.) Explosive materials,
E.) Lithium ion batteries exceeding 100wh
F.) Toxic or infectious substances
G.) Gases both flammable and non-flammable that are considered poisonous or explosive/flammable
H.) Oxidizers and organic oxidizers
I.) Radioactive materials
J.) Corrosive materials
K.) any other goods that could be deemed dangerous.
4.3 Items that are restricted must be declared and either carried in person on board or stowed separately in the baggage compartment.
Restricted items that must be stowed include, but not limited to:
A) Sharp objects including knifes
B) Sporting goods
C) Tools (batteries must be kept separate and carried in the cabin)
D) Replica weapons or toys of similar nature
E) Any other item that may be considered a flight risk if carried on board
Restricted items that must be carried in the aircraft cabin:
A) Lithium ion batteries and items that have them internally contained that are 100wh or less
B) All liquids that are not considered a dangerous good
C) Pressurised containers or bags
D) Aerosols that are not prohibited (eg. deodorant)
E) Medical equipment that is not considered a dangerous good
F) Any other item that may pose a flight risk if it cannot be accessed by the crew or passengers
4.4 If passengers are uncertain whether your items are restricted or prohibited, you must inform staff as soon as practicable.
4.5 WJC has the right to refuse any luggage should it be deemed a hazard to safety, does not meet legal requirements or is oversized. WJC also has the right to weigh bags if required.
4.6 WJC will take its best precautions to ensure protection of luggage and property. WJC is, however, not liable for any damage to passenger luggage or property.
5.) Charter acceptance and charges
5.1 When a charter request has been made, a quote will be generated by WJC. The Client has 48 hours to accept this quote or otherwise WJC reserves the right to amend or withdraw the charter.
5.2 Once the quote has been accepted and/or payment made by the Client, the Terms and Conditions have also been accepted.
5.3 Any changes to the charter once a quote has been accepted are solely at the discretion of WJC and may carry extra charges and/or warrant a new quote. Any change requests during a charter must be notified to WJC as soon as practicable.
5.4 All quotes will include, but not limited to flight time, landing fees, airways fees, handling fees, terminal fees, catering charges (which encompasses light snacks and non-alcoholic beverages), repositioning costs, parking fees, hangar fees and charges relating to personal requests.
5.5 WJC reserves the right to utilise any empty capacity including empty legs the aircraft may have, including flight services, before or after the period in which the aircraft is available to the client.
6.) Payment
6.1 WJC does not offer credit terms. A 50% deposit is due at the time of acceptance of the quote. The remaining payment must be paid in full 2 business days before the charter commences.
6.2 Any other amounts payable under these Terms and Conditions, including cancellation fees will be payable immediately upon issuance of our invoice.
6.3 All amounts paid under this agreement are to be paid by bank transfer or credit card.
6.4 If invoices are not paid in full and on time the Client will pay collection and/or collection agency and/or legal fees and such fees may include additional fees or commission charged by debt collecting firms and actual legal costs and disbursements charged on a solicitor and own client basis.
6.5 In addition to the costs of recovery the Client will pay penalty interest on any unpaid amount from the due date until payment in full at the rate of 24% per annum from the due date until the late payment is received by WJC in full.
7.) Cancellations and changes to charter request
7.1 Cancellation within 48 hours of charter will attract a 100% cancellation fee.
7.2 Cancellation within 7 calendar days of charter will attract a 50% cancellation fee.
7.3 Cancellation outside of 7 calendar days of charter may attract a 25% cancellation fee.
7.4 The cancellation fee may be waived, at the absolute discretion of WJC, in the case of the Customer rebooking the same or similarly quoted flight for another date. If you are given a refund and payment was made via a credit/debit card, the applicable card payment fees will be deducted from the refund.
7.5 Any changes to a charter before it commences may be subject to additional fees and charges.
7.6 Any changes to a charter after it commences will be subject to additional fees and charges. All changes will be subject to pilot flight and duty times as per clause 9.1.
8.) Client/Passenger responsibilities
8.1 The Passengers must turn up to the agreed meeting point at the agreed time (or time window) plus or minus 15 minutes. The Customer/Passengers must make their best efforts to notify WJC if they cannot make their allocated time.
8.2 WJC reserves the right to pass on additional charges caused by Client/Passenger delay.
8.3 The Client/Passengers understand that WJC pilots are subject to duty time limits. If the delay of Passengers causes these time limits to be exceeded, the Client will be subject to all costs associated with that delay.
8.4 The names and contact details of all Passengers must be supplied to WJC to carry as a flight manifest and if necessary, to inform ground handling and other agencies of Passenger details. Otherwise these details will only be used in the event of an emergency and will not be passed on to third parties or used for commercial purposes except with the expressed written consent of the individuals.
8.5 All passengers hold the responsibility to abide by New Zealand Civil Aviation rules and associated regulations while on board. The Captain holds absolute authority on board the aircraft, all instructions and requirements must be adhered to by the passengers.
8.6 The Client will be responsible for any costs incurred by reason of diversion due to acts or omissions of the passengers, by any Force Majure or any other cause outside the control of WJC.
8.7 Any health condition must be advised as soon as practicable prior to a charter commencing, or during the charter should an event arise.
9.) Pilot duty times
9.1 Under Civil Aviation Rules, pilots are required to meet certain flight and duty times. All accepted charters will have allowances in pilot flight and duty time built in to allow the charter to go-ahead. Should the Client make changes to their charter request at short notice, they will be subject to these flight and duty requirements. The Client will be notified if their change will be allowable and will be subject to charges as per clause 7.6.
10.) Recreational drugs, smoking and vaping
10.1 Recreational drugs and smoking and vaping are strictly prohibited onboard WJC flights. Any use of the aforementioned will attract penalties under the Civil Aviation Act 1990.
11.) Indemnity
11.1 WJC indemnifies itself from any injury, loss or death and all accidents are covered by the Accident Compensation Corporation under the the No-Fault clause in the Accident Compensation Act 2001.
12.) Liability
12.1 The Client shall be liable for any costs associated with any breach of the terms and conditions of hire or any such sum as is necessary to compensate WJC for its loss or damage as determined by WJC acting reasonably.
12.2 In no event will WJC be liable (whether in contract, tort or negligence) to you for:
A.) loss of profits or savings, loss of goodwill or opportunity, or wasted time; or
B.) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Goods supplied by WJC to you, even if we had been advised of the possibility of such loss, damage, cost or expense.
C.) delays or failures on the part of WJC. WJC disclaims liability for delays or non-performance caused by any negligence or oversight on the part of the Customer. Delays arising from aircraft engineering or maintenance. Operational maintenance or emergency requirements affecting the aircraft or the aircrew or Force majeure events, encompassing (but not limited to) weather disruptions or any circumstance beyond WJC's control. (See clause 16. Force Majure)
12.3 To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Goods will not exceed the amount paid by you for that Service or Goods.
13.) Charter compensation
13.1 In instances where WJC Is unable to initiate the charter (without any fault or negligence on the part of the Customer), a refund of the charter fee will be facilitated. If the charter commences but is unable to be concluded (without fault or negligence on the part of the Customer), WJC may, at its discretion, refund a portion of the charter fee for the uncompleted segment of the charter. However, no refunds shall be issued if the charter's non-completion is due to force majeure, adverse weather conditions, or any circumstances beyond the control of WJC.
14.) Termination
14.1 We may immediately terminate the agreement between us if WJC consider:
A.) you are in breach of these Terms and Conditions;
B.) there is any threat to the health and safety of any of our staff or agents;
C.) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.
15.) Confidentiality
15.1 WJC understands and acknowledges that in providing services to the client, WJC and its staff may learn confidential information relating to the client and/or its passengers. WJC and it’s staff fully commit to providing full confidentiality of such information and shall not provide any information to third parties unless:
A.) Expressed written consent is provided by the client and/or passenger(s)
B.) In the event of an emergency (in which only relevant information will be provided)
C.) It is requested by the client or passengers to deliver appropriate services
D.) It is legally required by an appropriate authority
E.) To protect WJC’s rights, property and safety
F.) To protect the clients and passenger(s) rights, property and safety
G.) To protect the rights, property and safety of others
16.) Force Majure
16.1 WJC will not be liable to you for any breach or failure to perform any of our obligations where such breach or failure is caused by anything beyond our reasonable control, including (with limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, suspension of air traffic, weather phenomena, volcanic activity or other act of God. Where practicable, WJC will consult with the Client before this clause is exercised.
17.) Dispute resolution
17.1 Any dispute or difference that may arise between the parties concerning the interpretation of these terms and conditions or relating to any other that may arise will be actively and in good faith negotiated by the parties with the intention of a speedy resolution.
17.2 If a resolution is not made within 7 working days of any such dispute arising WJC will, without prejudice, seek to resolve disputes by means of an independent mediator agreed upon by both parties.
17.3 Should the parties not resolve any disputes arising through mediation, the dispute shall be referred to an arbitral tribunal. This process shall take place in Wellington, New Zealand.
18.) General
18.1 These terms and conditions do not allow any person who is not party to any right to enforce any of its provisions.
18.2 We may amend these Terms and Conditions from time to time. The current Terms and Conditions are available on our website www.wellingtonjetcharters.co.nz
18.3 This agreement is governed by the laws of New Zealand and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of New Zealand.