AXIS Aviation

Charter Terms and Conditions

These general terms and conditions apply to every charter quotation and booking with Absolute Flight Services (Pty) Ltd (AFS), the operating company for AXIS Aviation South Africa charter flights.

1. This Quotation

  1. is subject to value-added tax (VAT), which may be applicable based on the flight's itinerary:
  2. VAT is included for flights conducted within the borders of South Africa.
  3. VAT exemption applies to regional and international flights.
  4. is valid for 7 calendar days.
  5. is subject to aircraft serviceability and availability.
  6. is subject to crew availability.
  7. is subject to fluctuations in industry, foreign currency, aircraft owner’s rate, fuel price, and any factors outside the control of Absolute Flight Services (Pty) Ltd (“AFS”) until date of departure.
  8. is subject to all permits obtained.
  9. is subject to aircraft owner’s approval of trip, duration and routing.
  10. includes the following: aircraft costs, crew & maintenance, fuel costs, air navigation, en-route & approach charges, pax & cargo insurances and taxes.
  11. excluded costs shall be invoiced and reimbursed to AFS by the Customer. This includes, but is not limited to, any regulatory, customs, import/export, VAT, or government charges incurred due to passenger or Customer requirements.
  12. does not constitute a confirmed booking. Charter confirmation occurs only upon receipt of the required deposit or full payment for short notice bookings. Until such payment, the flight is not confirmed.

2. Additional Charges

  1. Should any additional costs arise from any of the following events, changes or delays, the costs thereof shall be payable by the Customer in addition to the quoted price:
  2. Any en-route changes or delays resulting from compliance with the requirements of international law, national legislation, provincial or subordinate legislation;
  3. The Customer and/or their passengers changing requirements;
  4. Costs of arranging an alternative aircraft, excluding costs of repairing the aircraft in the event of breakdown or unserviceability of the aircraft beyond AFS’ reasonable control;
  5. Insurance surcharges due to the Customer’s destination, location or route;
  6. Safety of the aircraft crew, and/or safety of the Customer or their passengers;
  7. Any other reasonably unforeseen event not mentioned in the list above.

3. Payment Schedule

  1. For bookings made more than 15 (fifteen) calendar days prior to departure, payment of the charter price shall be made as follows:
  2. Acceptance of quotation:
  3. 50%
  4. 7 calendar days prior to departure:
  5. Balance (50%)
  6. The aircraft shall not be reserved or removed from availability until the required deposit has been received and cleared by AFS.
  7. Each payment made shall be applied toward the total charter price and may be applied toward any applicable cancellation charges in the event of cancellation.
  8. Failure to make any scheduled payment when due may result in cancellation of the charter flight and the applicable cancellation fees shall apply.
  9. Should the deposit be paid but the signed charter quotation not be received by AFS, the deposit shall constitute acceptance of the charter quotation, and it shall be deemed that the terms and conditions contained therein are accepted.
  10. All payments to AFS (including but not limited to the charter price) shall be made in the designated currency and without deductions, withholding, set off or counterclaim, whatsoever. Any bank charges or other fees in connection with such payments shall be fully borne by the Customer.

4. Short Notice Bookings

  1. For bookings made less than 7 calendar days prior to the scheduled departure time, the full charter price shall be payable in advance. The charter flight shall only be confirmed once such payment has been received by AFS. Until payment is received, AFS reserves the right to allocate the aircraft to another customer without notice.

5. Cancellation

  1. In the event that the Customer cancels a flight subsequent to the acceptance of this quotation, the following cancellation fees shall apply based on the total charter price:
  2. 10% after date of confirmation up to 45 calendar days prior to the scheduled departure time.
  3. 30% if cancellation occurs less than 45 calendar days but more than 21 calendar days to departure.
  4. 50% if cancellation occurs 21 calendar days or less but more than 7 calendar days prior to departure.
  5. 75% if cancellation occurs 7 calendar days or less but more than 72 hours prior to departure.
  6. 100% if cancellation occurs less than 72 hours prior to departure or in the event of a “no show”.
  7. Any payments received shall be applied toward the applicable cancellation charges.
  8. Where the cancellation fee exceeds payments already received, the Customer shall remain liable for the outstanding balance.

6. Delays and Deemed Cancellation

  1. AFS will use best endeavors to comply with the confirmed flight schedule. However, AFS shall not be liable for delays caused by circumstances beyond its reasonable control including, but not limited to, weather conditions, air traffic control restrictions, airport closures, regulatory requirements, technical issues, safety considerations.
  2. Where delays occur for reasons not attributable to the Customer, AFS shall use reasonable efforts to reschedule the flight subject to the availability of the aircraft and operational requirements.
  3. Delays caused by the Customer or passengers, including, but not limited to, late arrival, documentation issues or passenger conduct, may be treated as a cancellation at the discretion of AFS, unless otherwise agreed in writing by AFS. AFS reserves the right to refuse any requested delay due to operational constraints.

7. Changes to Charter Flight

  1. Any request by the Customer to change the charter flight, including departure time, routing, destination, passenger numbers or aircraft type, shall be subject to operational feasibility and aircraft availability. AFS reserves the right to revise the charter price to reflect such changes and any additional operational costs arising from such changes shall be for the Customer’s account.

8. Diversions and Routing

  1. Charter pricing is calculated based on planned routing and estimated flight time and AFS reserves the right to invoice based on the actual distance flown or actual flight time where applicable.
  2. Any diversion arising from passenger request, passenger conduct, incorrect passenger information, documentation issues or other circumstances attributable to the Customer shall be for the Customer’s account. Additional charges may include but are not limited to additional flight time, fuel costs, landing and parking fees, crew duty costs and/or handling fees.
  3. Diversions required for weather conditions, safety considerations, technical requirements or air traffic control restrictions may result in additional operational costs which may be charged to the Customer where reasonably incurred.

9. Smoking (this includes electronic cigarettes and heats) is strictly prohibited on board AFS flights.

10. The consumption of your own alcohol, food or beverages is strictly forbidden unless by prior arrangement.

11. Damages

  1. The Customer and their passengers will ensure that, in utilising the aircraft, they shall not in any way whatsoever permit the doing of any act, matter or thing in the Aircraft that may cause physical damage to the Aircraft exterior or interior, including inter alia its seating, carpets and window blinds, and/or fixtures and fittings, excluding fair wear and tear. The Customer shall be liable to AFS for the cost of repairing all and any defects and/or damage sustained to the aircraft during use or possession of the aircraft by the Customer pursuant to these terms and conditions, whether such damage was caused due to the negligent and/or wilful actions and/or omissions of the Customer, or any of the passengers aboard the aircraft under the Customer’s booking. The Customer further agrees to defend, indemnify and hold harmless AFS and the Owner of the Aircraft from damage to the Aircraft or to any 3rd party caused by the negligent or wilful acts or omissions of the Customer and/or the Customer’s passengers.

12. Baggage and Dangerous Goods

  1. Passenger baggage is limited to small bags that can be easily loaded into the aircraft and must not exceed 15 Kilograms per passenger. Additional baggage may be permitted at the discretion of AFS and subject operational limitations, provided such baggage is discussed with AFS in advance and agreed to in writing.
  2. Excess baggage may be refused for carriage or sent onwards by courier, with all associated costs to be borne by the Customer.
  3. Baggage is carried at the passenger’s own risk and AFS shall not be liable for any loss of, damage to, or delay in the carriage of baggage unless caused by AFS’ gross negligence.
  4. The transport of dangerous goods capable of posing significant hazard to health, safety, property or the environment when conveyed by aircraft is strictly prohibited. To manage expectations, the Customer shall provide AFS with the complete information about the type, size, number, and weight of luggage as soon as possible prior to departure of the flight.
  5. AFS reserves the right to refuse carriage of any baggage deemed unsafe or non-compliant with applicable aviation regulations.
  6. Certain airports enforce restrictive security measures that are beyond the control of AFS. Airport officials may inspect baggage and confiscate items for security reasons.
  7. AFS shall not be held responsible for any items confiscated by any airport officials, nor for any losses damages, penalties or costs arising from prohibited or undeclared items carried by passengers.

13. Customer and Passenger Duties

  1. The Customer must provide AFS with complete passenger details no later than 24 (twenty four) hours prior to departure, including full names, passport numbers, nationality, dates of birth, visa information where applicable, and copies of all supporting documents.
  2. After the information on the passengers has been submitted to AFS, the Customer may change passengers only with AFS’ prior consent, such consent not to be unreasonably withheld. The carriage of additional passengers is subject to AFS’ prior approval and, as the case may be, adjustment of the charter price.
  3. Every passenger must carry a valid passport and travel documentation as required by applicable immigration and aviation authorities.
  4. AFS will not be responsible for any consequences arising from incorrect, incomplete or late passenger information.
  5. The Customer and their passengers are responsible for all applicable health, exit, entry, tax, visa, customs and other legal and statutory formalities to be complied with by aircraft passengers. The Customer and their passengers hereby indemnify AFS from any claims or damages caused by failing to follow these requirements, unless the issue was caused by AFS’ own negligence or willful misconduct.
  6. The Customer shall be liable for all fines, penalties or charges imposed by governmental or regulatory authorities arising from passenger non-compliance. Such costs may include, but are not limited to, penalties imposed by immigration or border authorities, costs associated with passengers being refused entry into a country, repatriation costs, administrative costs imposed by regulatory authorities, costs imposed by the Border Management Authority or similar agencies.
  7. All such costs incurred by AFS shall be recoverable in full from the Customer on demand.
  8. AFS further reserves the right to refuse to carry or remove any passenger whose conduct is unsafe, disruptive or unlawful. Any costs arising from refusal or removal of passengers shall be for the Customer’s account.
  9. AFS shall be entitled to refuse passengers who are subject to sanctions issued by any jurisdiction globally or associated with adverse news. All passengers may be screened against relevant sanctions lists, Politically Exposed Persons (PEP) lists, and adverse media sources. AFS further reserves the right of admission.

14. Insurance

  1. AFS’ insurance cover is linked to industry norm. However, should this not suffice, additional third party and/or personal liability insurance may be arranged at an extra cost to the Customer.
  2. AFS recommends that the customers and their passengers are covered by travel insurance in the event of unforeseen circumstances such as trip cancellations, medical emergencies and/or delays or disruptions.

15. Indemnity, Liability and Claims

  1. The Customer hereby agrees to defend, indemnify and hold harmless AFS, its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including legal fees and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the charter flight provided under this Agreement. This indemnity shall not apply in respect of claims or damage caused by AFS' own negligent or willful misconduct.
  2. Time is not of the essence in relation to any flight under this Agreement. AFS shall not be liable for any loss or damages the Customer and /or their passengers may suffer arising from delays caused by compliance with the requirements of international law, national legislation or subordinate legislation; the Customer or their passenger's changed requirements; serviceability of the aircraft beyond AFS' reasonable control; safety of the aircraft; safety of the aircraft's crew; and/or safety of the Customer or their passengers.
  3. Should the Aircraft become unserviceable during a charter flight, the Customer shall be responsible for all costs and charges including, but not limited to, the leasing of a substitute aircraft; flight costs and accommodation required by the customer and/or the Customer’s customers. The Customer shall not be held liable for the maintenance, repairs or repatriation of the Aircraft itself. AFS shall make reasonable efforts to assist the Customer in arranging the continuation of the charter trip or for the repatriation of the Customer and/or their passengers.
  4. In the case of domestic carriage, claims by the Customer or their passengers arising from injury or death shall be brought within 2 (two) years of the flight and claims for lost or damaged baggage shall be notified to AFS in writing within 7 (seven) calendar days of the end of the flight, failing which the claim shall lapse.

16. First Party Charters

  1. In the event the Customer is chartering the aircraft in their own capacity, signature of this document shall constitute a contract of carriage between the Customer and AFS. The Customer acknowledges, on behalf of their passengers (the Customer hereby warrants their authority to give such acknowledgment on their behalf), that no contract of carriage will exist between the Customer’s individual passengers and AFS, notwithstanding the issuance of passenger tickets by AFS to such passengers. The Customer further undertakes to distribute any passenger tickets provided by AFS to it as charterer for delivery to the passengers and holds AFS harmless against any loss, damage, or liability AFS may suffer as a result of any failure on the Customer’s part to deliver such tickets as aforesaid.

17. Brokers

  1. In the event the Customer is a charter broker on behalf of an undisclosed charterer principal, this Agreement will constitute an agreement between AFS and the Customer’s principle, with the Customer binding itself as surety and co-principal debtor in favour of AFS for any payment obligation and indemnities contained herein on the part of the charterer principal. . The Customer acknowledges, on behalf of their passengers (the Customer hereby warrants their authority to give such acknowledgment on their behalf), that no contract of carriage will exist between the Customer’s individual passengers and AFS, notwithstanding the issuance of passenger tickets by AFS to such passengers. The Customer further undertakes to distribute any passenger tickets provided by AFS to it as charterer for delivery to the passengers and holds AFS harmless against any loss, damage, or liability AFS may suffer as a result of any failure on the Customer’s part to deliver such tickets as aforesaid.

18. General

  1. The quotation and any contractual and non-contractual obligations arising out of or in connection it shall be governed by and interpreted in accordance with South African law excluding its conflicts of law provisions.
  2. The courts of South Africa shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with the quotation and any contractual and non-contractual obligations arising out of or in connection with the quotation.
  3. The Customer agrees to defend, indemnify and hold harmless AFS, their affiliates, shareholders, directors and employees from and against any and all claims, proceedings, losses, liabilities, suits, judgments, costs (including legal fees and expenses), penalties or fines arising out or in connection with the breach by the Customer of the above representation and warranty.
  4. Booking:
  5. Should you wish to book this charter flight, please have an authorised person sign below and return a copy to us. Your signature is an acceptance of these General Terms & Conditions of Absolute Flight Services (Pty) Ltd.
Acceptance

By signing a charter quotation, paying the required deposit, or making full payment for a short notice booking, you accept these Terms and Conditions of Absolute Flight Services (Pty) Ltd.

These terms are provided for reference. The version accepted with your quotation or service request governs. For any questions, contact AXIS Aviation South Africa.