Terms and Conditions for Private Charter Services

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These Terms and Conditions ("Terms") govern the provision of private charter services by Ivory Air Pty Ltd / Bushwing Charters  Pty Ltd an AOC based in South Africa ("Company"). By booking a charter flight with us, you ("Client") agree to abide by these Terms.

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Quotations:

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Quotations are aircraft-specific and are thus subject to aircraft serviceability and availability. Aircraft may be substituted with a similar aircraft in size, in the event of a last-minute change without notice to the client. This substitute may differ in make, model, size, seating capacity, number of crew members, and number of engines.

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We reserve the right to utilize a subleased aircraft without notice to the client when deemed necessary. You acknowledge

that this charter may not be performed by the Company itself and this charter may be carried out by an undisclosed principal carrier on behalf of Bushwing Charters. The terms and conditions agreed herewith will then be in favour of such principal carrier and you hereby waive any claims against Ivory Air Pty Ltd / Bushwing Charters Pty Ltd.

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Specific insurance requirements are to be made known to the Company at the time of confirmation. In the event that we are. unable to supply a replacement aircraft we will refund you the full amount.

 

Are subject to industry and related fuel price fluctuations.

 

Are subject to all permits obtained.

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Quotations include the following:

1. Aircraft costs, incl. Fuel surcharges, Air nav, en-route & approach charges, all airport fees

2. Catering & refreshments (out of base), Pax & Cargo insurances and taxes, Crew meals,

3. Crew accommodation

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Exclusions are as follows: 

1. Should there be any en-route changes or delays as a result of compliance with the requirements of international law or national legislation or subordinate legislation; you or your passengers' changed requirements; unserviceability of the aircraft beyond the Company's reasonable control; adverse weather, unserviceable runways, safety of the aircraft; safety of the crew; and/or safety of you or your passengers; any additional costs arising from such changes and/or delays shall become payable by you in addition to the quoted price. These additional costs include road transfers, onward connecting flight tickets, hotel accommodation, additional nights in camp, meet and greet services, and car hire.

2. SATCOM and INTERNET USE: Satcom and Internet use are not included in the charter price, it will be charged additionally. Data Charges Domestically is R100.00 per MB and Internationally $7 per MB.

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Booking and Confirmation:

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All charter flight bookings are subject to availability and confirmation by the Company.

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Upon acceptance of the charter quotation, no aircraft shall be reserved, albeit on a provisional basis, unless the terms and conditions contained herein are accepted by signature and returned to our reservations team upon confirmation of booking along with a 20% non-refundable deposit. The deposit shall constitute acceptance of the charter quotation and it shall be deemed that the terms and conditions contained therein are accepted.

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Passengers are required to have relevant travel insurance in place at the time of confirming our services.

 

Payment:

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Payment for services must be made in full prior to the scheduled departure date. No flight will be dispatched without full payment.

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The balance of the amount stated in the charter quotation must be reflected in the Company's banking account at least 30 days (thirty days) prior to departure. The payment can be by direct bank deposit, as we do not accept credit card payments. 

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Any additional charges incurred during the flight (e.g., luggage storage, passenger handling, airport lounges, ground transportation, etc) shall be settled by the Client before the conclusion of the flight.

 

Cancellation and Refunds:

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Cancellation of a  flight by the Client must be made in writing and is subject to the Company's cancellation policy.

Refunds, if applicable, will be processed in accordance with the Company's refund policy. 

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Once you have accepted this quotation by signing the Terms and Conditions, should you choose to cancel the flight, a cancellation fee will be payable as follows:

 

30 days prior to the flight date : 50%

15 days prior to the flight date : 100%

 

Flight Schedule and Delays:

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The Company shall make reasonable efforts to adhere to the agreed-upon flight schedule.

However, the Company reserves the right to delay or cancel flights due to weather conditions, air traffic control directives, or other unforeseen circumstances beyond its control.

In the event of flight delays or cancellations, the Company will notify the Client as soon as possible and provide alternative arrangements when possible.

 

Passenger Responsibilities:

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Passengers are required to arrive at the designated departure location at least 60 minutes prior to the scheduled departure time.

Passengers must comply with all security and safety procedures as instructed by the Company and applicable aviation authorities.

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Passengers are responsible for ensuring that they have all necessary travel documents, including visas and passports, for their journey. Passengers are required to have relevant travel insurance in place at the time of confirming our services.

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Shared Charters / Seat Rate Passengers: 

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Passengers are required to meet the take-off time stipulated on your confirmation. Passengers are required to check in and meet the loading time 60 minutes prior to the confirmed take-off time. Should passengers neglect to meet the check-in time for any reason whatsoever, you will forfeit your seats and you will be required to purchase new tickets for the next available flight to

your destination or make alternative arrangements to your destination at your own cost.

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Baggage and Cargo:

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The Company has strict limitations on the size, weight, and type of baggage or cargo carried on board the aircraft.

Passengers are responsible for ensuring that their baggage and cargo comply with the Company's restrictions and regulations. No responsibility is taken by the Company for non-compliance with these terms.

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Luggage is limited to 20 kg per passenger (mixture of larger and smaller SOFT-sided bags) that may easily be loaded into the aircraft. The Company has the right to refuse baggage that may be deemed to be a hazard to flight safety. Excess baggage will not be loaded and the cost of alternative arrangements will be for the customer’s account.

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Please be aware that restrictive security measures are present in certain airports. Airport officials may search baggage and confiscate for security reasons. The Company will not be held responsible for any items confiscated by any airport officials.

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Dangerous goods that are not permitted onboard our aircraft include but are not limited to : 

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1. Explosive Materials:

   • Any explosive substances, fireworks, or devices capable of causing an explosion are strictly prohibited. Power banks are limited to 1 unit per person, and are limited in size.

2. Flammable Liquids and Gases:

   • Flammable liquids (e.g., gasoline, lighter fluid) and gases (e.g., propane, butane) are not allowed on board.

3. Toxic and Infectious Substances:

   • Any toxic or infectious substances that may endanger the health and safety of passengers are strictly forbidden.

4. Miscellaneous Dangerous Goods:

   • Other dangerous goods, including but not limited to items with a high risk of combustion, firearms, sharp objects, and materials deemed hazardous by aviation authorities, are strictly prohibited.

 

Liability and Indemnity:

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The Company shall not be liable for any loss, damage, injury, or delay arising from or in connection with the provision of charter services, except to the extent caused by the Company's gross negligence or willful misconduct.

Passengers agree to indemnify and hold the Company harmless from any claims, liabilities, or damages arising from their breach of these Terms or their actions during the charter flight.

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You hereby indemnify the Company from any claim or damage, caused by the customer, which the Company may suffer from the flight, other than claims or damage caused by the Company's own negligent or wilful misconduct.

 

In the case of domestic carriage, claims by you or your passengers arising from injury or death shall be brought within 2 years of the flight, and claims for lost or damaged baggage shall be notified to the Company in writing within 7 days of the end of the flight, failing which the claim shall lapse.

 

Governing Law and Jurisdiction:

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These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. 

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The quotation and any contractual and non-contractual obligations arising out of or in connection therewith shall be governed by and interpreted in accordance with South African law excluding its conflicts of law provisions.

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Brokers: 

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In the event that you are party to this document as a charter broker on behalf of an undisclosed charterer principal, this agreement will constitute an agreement between the Company and your principal, with you binding yourself as surety and co-principal debtor in favour of the Company for any payment obligations and indemnities contained herein on the part of your principal.

 

Modification of Terms:

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The Company reserves the right to modify or amend these Terms at any time without prior notice. Any such modifications or amendments shall be effective upon posting on the Company's website or other communication channels.

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Time is not of the essence and Bushwing Charters shall not be liable for any damages you and/or your passengers may suffer arising from delays due to compliance with the requirements of international law or national legislation or subordinate legislation; you or your passengers changed requirements; unserviceability of the aircraft beyond the Company's reasonable control; adverse weather, unserviceable runways, safety of the aircraft; safety of the aircraft's crew; and/or safety of you or your passengers.

 

Passengers are required to have relevant travel insurance in place at the time of confirming our services.

 

The Company shall have no obligation to arrange for and ensure compliance by you or the passengers with any applicable entry, exit, tax, visa, customs, immigration, health, or other formalities related to the travel contemplated hereby.

 

Severability:

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If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This document embodies the complete agreement between the parties and no amendment, addition consensual cancelation will be valid, unless reduced to writing and signed by both parties. Should it be necessary to institute legal action in order to recover payments, the client agrees to pay all legal expenses on a scale as between attorney and client, including collection charges and tracing fees. 

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By booking a charter flight with us, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.