Terms and Conditions
Download Terms and Conditions of Aircraft Hire (right click & select 'Save As')Royal Aero Club of Western Australia (Inc.) Terms and Conditions of Aircraft Hire
The terms and conditions set out below form
part of the Aircraft Hire Agreement (“AHA”) between the Royal Aero Club
of Western Australia (Inc.) (“Racwa”) and the Hirer to hire the
aircraft identified on the Flight Docket and any person/company who
provides a Credit Card Authority or payment guarantee to Racwa.
Laws and regulations
The
Hirer agrees to conduct the hire of the aircraft in accordance with the
Racwa Operations Manual, Racwa Air Operator’s Certificate, requirements
of the Civil Aviation Safety Authority and Airservices Australia,
aircraft Pilot Operating Handbook, directives of a Racwa employee,
Commonwealth Government, Western Australian Government and Jandakot
Airport Holdings.
Valid licence, approvals, recency and experience
The
Hirer will produce on request a valid pilot’s licence and original
documentation indicating the required approvals for the intended
operation, a current pilot medical, pilot’s logbook showing recency,
currency and experience requirements before hiring an aircraft. Recency
and experience requirements differ for each aircraft type. Please see a
Racwa Flight Instructor for further details on currency and recency
requirements.
Flight authorisation
All
flights require prior authorisation from a suitably qualified Racwa
Flight Instructor. At the time of authorisation the Hirer must disclose
and note on the Flight Docket the intended landing points, the first
name and surname of all passengers and the nature of the intended
operation (for example, aerobatics, navigation). The authorisation will
take the form of a signature from the Flight Instructor on the Flight
Docket. The Hirer agrees only to operate the aircraft for the intended
operation as indicated on the Flight Docket. The Hirer should use this
opportunity to gain additional information from the Flight Instructor
about any aspect of their intended operation, including, but not limited
to, weather considerations, local flight procedures, last light
considerations and aircraft operation. The Hirer must not assign the
AHA or any rights to any other party. The pilot nominated on the Flight
Docket must be the only Pilot In Command and must not permit any other
person to manipulate the controls of the aircraft.
Insurance
Racwa
insures the aircraft for its own benefit against hull risks and other
risks of or in connection with the operation of the aircraft during the
period of hire, including risks of Third party damage to persons or
property. Racwa will provide a copy of the insurance policy on
request. The Hirer undertakes to pay Racwa the full amount of any
excess on any claim on the insurance together with any other ‘out of
pocket’ expenses for which Racwa is otherwise liable. The Hirer agrees
to indemnify Racwa against all other costs, damages and liability
arising out of or in any way connected with the use of the aircraft
which are not covered by the insurance.
Cancellations
Any
aircraft hire that is cancelled or rescheduled to another day after 3pm
on the day preceding the original hire period will result in a
cancellation fee being charged to the Hirer. The cancellation fee will
be not be applicable, at the absolute sole discretion of Racwa, in the
case of poor weather conditions precluding safe flight. Applications to
reverse the cancellation fee must be made in writing with supporting
documentary evidence to the Chief Executive Officer, Royal Aero Club of
Western Australia, 41 Eagle Drive, WA 6164.
Hire period
The
hire period shall commence at the beginning of the scheduled time made
at the time of booking and terminate at the end of the scheduled time
made at the time of booking. Racwa reserves the right to cancel a
booking and charge the cancellation fee should the Hirer not collect the
aircraft within 30 minutes of the commencement of the hire period. The
Hirer must return the aircraft, aircraft books/VDO cards with flight
details clearly and accurately entered in the flight log and equipment
and have secured the aircraft (inclusive of tie-down and fitting of
throttle lock) at least ten minutes prior to the completion of the hire
period. Failure to return the aircraft on time may result in the Hirer
being charged a late return fee per hour for each hour overdue in
addition to the hire fees and charges, with a minimum charge of one
hour’s late return fee.
Minimum aircraft usage during hire period
Each aircraft hire is subject to minimum hire charges as follows:
Hire for one booking slot (1 hour 15 mins) - No minimum
Hire for two booking slots - 1 hour chargeable flight time
Hire for three or four booking slots - 2 hours chargeable flight time
Full day hire (more than four slots) - 3 hours chargeable flight time per day
Fees and charges
The
Hirer hereby irrevocably and unconditionally authorises Racwa to charge
to the Hirer’s credit card and/or to charge to the Hirer’s account (as
nominated on the Flight Docket) all fees and charges payable by the
Hirer under the AHA. The prevailing Standard Hire Rate shall be charged
for each flight hour for any Hirer who is not a member of Racwa.
Flight hours are calculated dependant on each aircraft type using
differing methods including but not limited to, VDO timer, air switch,
watch time and tacho time. Hirers are advised to ascertain the method
of calculation at the time of aircraft booking. Racwa reserves the
right to calculate a fair and reasonable charge based on actual time
flown in the event a flight timer fails. Racwa members are entitled to
member hire rates as detailed on the Price List. The Hirer shall be
liable for all Airservices charges, landing, parking and other such fees
and charges incurred during the hire period and any difference between
the fuel price paid by Racwa at Jandakot Airport and those incurred
during the hire period. The Hirer 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 Racwa for its loss or damage as
determined by Racwa acting reasonably. The Hirer shall be liable for
the costs of recovering or attempting to recover from the Hirer
outstanding charges, including any mercantile agent’s costs and legal
costs on a full indemnity basis.
Defects, damage, airworthiness and abandonment
It
is the responsibility of the Hirer to return the aircraft in a clean
and tidy state at the conclusion of the hire period. If the aircraft is
found in a state other than described, the Hirer may be charged a
cleaning fee. The Hirer shall report as soon as is practical to Racwa
any defects that render the aircraft unserviceable or unsafe for further
operation. Should the Hirer abandon the aircraft for any reason, other
than a defect that renders the aircraft unserviceable which was not
caused by the Hirer, the Hirer shall be liable for all costs associated
with the recovery of the aircraft. The Hirer agrees to refrain from
tampering with, attempting to repair or authorising any repair to the
aircraft without the prior approval of Racwa. The Hirer agrees to check
the aircraft’s airworthiness by carrying out a thorough Daily
Inspection of the aircraft and its accessories and check that the
maintenance release will remain valid for the duration of the intended
flight.
Geographic limits and authorised use
The
Hirer agrees to operate the aircraft wholly within the state of Western
Australia (“WA”) unless otherwise authorised by Racwa and to use only
approved airfields (except in emergency) and only for the purposes
stated at the time of Flight Authorisation as written on the Flight
Docket.
Governing laws
All terms and
conditions and this agreement shall be governed by the laws of Western
Australia and the parties hereby submit to the jurisdiction of the
courts of WA.