BUSHWING CHARTERS (PTY) LTD

TERMS AND CONDITIONS FOR PRIVATE CHARTER SERVICES

1. Definitions and Interpretation

1.1 “Operator” means Bushwing Charters (Pty) Ltd.
1.2 “Client” means the contracting party (including any tour operator or broker) making the booking and accepting these Terms on behalf of all passengers.
1.3 “Passengers” means all persons travelling under the booking.
1.4 “Charter” means the private air transport services quoted.
1.5 “Weather No-Fly Event” means any weather or related operational condition which, in the sole discretion of the Pilot-in-Command or Operator, renders a flight unsafe or unsuitable.
1.6 “Force Majeure Event” has the meaning given in Clause 12.
1.7 “Additional Costs” means any costs incurred beyond the quoted Charter price.
1.8 “CPA” means the Consumer Protection Act, 2008 (Act No. 68 of 2008).

The Client warrants that it has full authority to bind all Passengers to these Terms.

2. Safety and Operational Authority

2.1 All flights are conducted in strict compliance with aviation legislation and the requirements of the South African Civil Aviation Authority.

2.2 The Pilot-in-Command has absolute authority and final discretion regarding:

• Aircraft operation

• Route selection

• Passenger acceptance

• Baggage limitations

• Load restrictions

• Weather decisions

• Diversions, delays or cancellations

2.3 Safety determinations are final and shall not constitute breach of contract.

3. Quotations and Aircraft Substitution

3.1 Quotations are aircraft-specific, valid for seven (7) days, and subject to:

• Aircraft availability

• Serviceability

• Regulatory approvals, permits and slots

3.2 The Operator may substitute:

• A similar aircraft type; or

• A licensed third-party operator acting as principal carrier

Such third-party carriers shall have the benefit of these Terms.

3.3 If the Operator is unable to perform the Charter for reasons unrelated to weather and cannot provide a substitute aircraft, the Operator’s sole liability shall be limited to a refund of monies paid less non-recoverable costs incurred.

3.4 The Operator shall not be liable for consequential losses, including but not limited to accommodation, missed connections, itinerary disruption, or business interruption.

4. Booking and Payment

4.1 A Charter is confirmed only upon:

• Signed acceptance of these Terms; and

• Payment of a 20% non-refundable deposit.

4.2 Full payment is due 30 days prior to departure. No aircraft shall be dispatched without cleared funds.

4.3 All payments are non-refundable except as expressly provided herein.

4.4 Overdue amounts shall bear interest at the maximum rate permitted by South African law.

5. Mandatory Travel Insurance

5.1 The Client warrants that all Passengers hold comprehensive travel insurance covering:

• Weather disruption

• Flight cancellation and delay

• Medical emergencies

• Evacuation

• Baggage loss

5.2 The Operator shall not be responsible for uninsured losses.

6. Client Cancellation

6.1 Cancellation must be in writing.

6.2 The following pre-estimated damages apply:

• Deposit paid: Deposit forfeited

• 15–30 days prior to departure: 50% of Charter price

• Less than 15 days prior: 100% of Charter price

6.3 These charges reflect aircraft allocation, crew scheduling, positioning costs, and loss of alternative revenue opportunity.

7. Weather No-Fly Policy (Operational Weather)

7.1 The Operator retains sole discretion, exercised in accordance with aviation safety regulations and the standards of the South African Civil Aviation Authority, to determine whether weather or related operational conditions render a flight unsafe or unsuitable.

7.2 A Weather No-Fly Event:

a) Shall not constitute breach of contract;
b) Shall not constitute cancellation by the Operator;
c) Shall not give rise to a right of refund.

7.3 In the event of a Weather No-Fly Event prior to departure:

a) The full Charter fee shall be retained as a credit, less any costs incurred by the Operator (including but not limited to admin fees; landing, airport & permit fees; positioning/engine cycle fees and aircraft fees);
b) The credit shall remain valid for twelve (12) months from the original departure date;
c) Rebooking shall be subject to aircraft availability and prevailing rates at the time of rebooking.

7.4 The Client and Passengers shall recover any financial losses from their travel insurance provider. The Operator shall provide reasonable supporting documentation.

7.5 Where reasonably practicable, the Operator will endeavor to arrange alternative road transfer to the destination. The cost of such transfer shall be deducted from the Charter fee already paid.

7.6 No refund shall be payable for a Weather No-Fly Event unless such refund is expressly required and cannot lawfully be excluded under the Consumer Protection Act.

8. Operational Delays and Diversions

8.1 The Operator may delay, divert, or terminate a flight due to:

• Weather

• Air Traffic Control

• Airport or runway restrictions

• Fuel limitations

• Technical issues

• Safety considerations

8.2 Additional Costs arising from such events shall be for the Client’s account unless caused by the Operator’s gross negligence.

8.3 If diversions or delays result in an overnight layover, the Operator will use reasonable endeavors to assist Passengers in finding suitable accommodation. The cost of such accommodation and all associated expenses shall be for the Client's account.

8.4 Change of Airports

The Operator reserves the right, in its sole discretion and without prior notice, to change the designated departure or landing airport to an alternative airport.

This may occur due to, but not limited to:

a) Operational or technical requirements
b) Runway or airfield conditions
c) Safety or security considerations
d) Air traffic control restrictions
e) Weather conditions
f) Airport availability or closures
g) Fuel or handling restrictions

Any additional costs arising from such change shall be for the Client's account.

9. Baggage and Weight Restrictions

9.1 Maximum baggage allowance is 20 kg per passenger in soft-sided bags only. No hard-shell cases are permitted.

9.2 Full luggage specifications are set out in Addendum A.

9.3 The Operator may offload baggage to comply with safety and weight requirements.

9.4 The Operator shall not be liable for baggage loss or damage except as required by law.

10. Passenger Conduct

10.1 The Operator may refuse carriage to any passenger who:

• Is intoxicated

• Is disruptive

• Fails to comply with crew instructions

• Poses a safety or security risk

10.2 No refund shall be payable in such an event.

11. Limitation of Liability & Risk Allocation

11.1 To the fullest extent permitted by law, the total aggregate liability of the Operator shall not exceed the Charter price paid.

11.2 The Operator shall not be liable for indirect or consequential damages including:

• Loss of profit

• Business opportunity

• Missed connections

• Accommodation

• Ground transport

• Lodge extensions

• Visa or permit costs

• Third-party claims

11.3 The Operator shall not be liable for acts or omissions of third parties including ATC, airport authorities, or subcontracted operators.

11.4 Aviation involves inherent operational risks including weather variability, runway limitations, wildlife, and infrastructure constraints.

11.5 Nothing excludes liability for gross negligence or wilful misconduct.

12. Force Majeure (Extraordinary External Events)

12.1 A Force Majeure Event means an extraordinary event beyond the reasonable control of the Operator.

Examples include:

• War or civil unrest

• Government airspace closure

• Natural disaster

• National disaster declaration

• Pandemic shutdown

• Prolonged airport closure

12.2 Ordinary or seasonal weather does not constitute Force Majeure.

12.3 If performance is impossible for more than seven (7) consecutive days, the Operator may:

• Offer a credit; or

• Refund monies paid less non-recoverable costs.

13. Indemnity

13.1 The Client indemnifies and holds harmless the Operator against claims arising from:

• Passenger misconduct

• Incorrect documentation

• Breach of these Terms

• Acts or omissions of third parties

14. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

The High Court of South Africa shall have exclusive jurisdiction.

15. Entire Agreement

This document constitutes the entire agreement. No amendment is valid unless in writing and signed by the Operator.

16. Prevailing Terms

16.1 These Terms shall prevail over any conflicting terms issued by the Client.

16.2 No variation is valid unless agreed to in writing by Bushwing Charters (Pty) Ltd.

17. Non-Payment and Suspension of Services

17.1 Bushwing Charters may suspend or cancel services where payment has not been received.

17.2 The Operator may:

• Suspend bookings

• Withhold schedules

• Refuse passenger carriage

17.3 Suspension due to non-payment shall not constitute breach.

17.4 The Client remains liable for all costs arising from such suspension.

18. Signatures & Acknowledgment

18.1 By signing below, the Client acknowledges that they:

• Have read and accepted these Terms

• Are authorised to bind all passengers

• Accept the allocation of risk and liability provisions

18.2 Acceptance occurs when either:

a) The Client signs this Agreement; or
b) The Client confirms a booking verbally, electronically, or in writing.

18.3 Electronic signatures are valid and binding.

18.4 Where the Client is a tour operator or broker, they act as principal and surety for payment and indemnity obligations.

18.5 Each signature constitutes acceptance of these Terms as a binding contract.