TERMS AND CONDITIONS OF CARRIAGE

INTRODUCTION:

The “Company” means Kirkhope Aviation Pty Ltd ABN 87 007 094 546 and where the context admits, includes the Company’s directors, officers, employees, servants, agents, successors and assigns. The “Passenger” means the person (including a company) to whom the Company issues a flight confirmation or who is carried by the Company by virtue of a flight confirmation having been issued (as the case may be). Carriage of the Passenger on an aircraft operated by the Company is subject to these terms and conditions of carriage and all other terms and conditions which the Company may from time to time specify. The Company is not a common carrier. It is strongly recommended that when booking the Passenger considers travel and baggage insurance which can cover some travel-related risks. It is essential that the Company is informed of a contact telephone number or address where the Passenger can be reached immediately prior to departure. The Passenger acknowledges having read, understood and accepted all the terms and conditions of carriage contained herein and agrees to be bound thereby.

BOOKING AND DEPOSIT:

To make a booking or reservation for a tour, the Passenger must complete, sign and submit to the Company its Booking Form, which must be accompanied by payment of a deposit for the cost of a tour (including airfare). The balance of the cost of a tour (including airfare) for each Passenger must be paid not less than 4 weeks prior to the departure date nominated by the Company.

DISCOUNTS:

A discount on the cost of a tour (including airfare) may at the Company’s discretion be offered by it, on payment in full made not less than 2 months prior to the departure date. If offered, any discount will be advertised as a percentage of the advertised per Passenger tour cost. As tour groups are small, discounts are not generally available for passengers who are minors. A discount may be offered by the Company where a single booking is made for not less than 7 Passengers. If offered, the applicable discount will be advertised as a percentage of the advertised tour cost per Passenger listed on a single Booking Form. Only one discount may be applied to any individual or group booking.

CANCELLATION BY THE PASSENGER:

All cancellations must be in writing and addressed to the Company. Cancellation fees are payable by the Passenger as follows:

* If up to four weeks prior to departure – $300

* Less than four weeks prior to departure – 50% of full fare

* Less than one week prior to departure – 100% of full fare

* Plus an amount to cover monies already paid by the Company for tour arrangements already made.

Refunds are not available for any services provided by the Company or by any third party but not utilised by the Passenger.

CANCELLATION BY THE COMPANY:

The Company reserves the right at any time to cancel or withdraw a flight, tour, charter or reservation made by or on behalf of the Passenger in which event, save for any refund of moneys paid by the Passenger, the Company shall not be liable for any loss or damage in respect of such cancellation or withdrawal.

USE OF TOUR PHOTOGRAPHS AND PRIVACY:

From time to time the Company may use photographs taken by its employees whilst on tour or charter for various promotional and other purposes, including for advertising on its website. The Passenger hereby acknowledges and consents to their images being utilised by the Company for its sole purposes. In addition, the Company collects the Passenger’s personal information and by submitting a Booking Form to the Company, the Passenger consents to the Company collecting that information and to being added to the Company’s mailing list in order to notify the Passenger of forthcoming tours and activities and the purpose of future promotions (subject to the Passenger’s right to unsubscribe to that list). The Company respects a Passenger’s privacy, and will not share their personal information with any third party.

ALTERATIONS TO TRAVEL ARRANGEMENTS:

The Company reserves the right to substitute aircraft without notice. Whilst every effort will be made to provide the flight, journey, trip or tour offered, the Company nevertheless reserves the right to change, modify, alter or cancel any flight, journey, trip or tour for any reason whatsoever. The Company shall have no liability obligation or responsibility including where delays, cancellations, price increases or other alterations have been caused by circumstances beyond its control, including but not limited to delays, interruptions or changes due to weather conditions, technical problems with transport, industrial action, natural disasters, riots, terrorist activities, airport closures or other breakdowns in arrangements. The Company shall not in any circumstances be held liable for and will not accept responsibility or liability for acts, omissions, defaults, failures (including any inaccuracy, misdescription or misleading information provided) on the part of or by any third party (including transportation companies and hotel contractors) who may provide the Passenger with services and facilities at the request of the Company. The Company in such circumstances acts only as your agent to introduce you to third parties (including transportation companies and hotel contractors) who provide such services and facilities.

VARIATION OF PRICE:

All prices quoted, including fares and tour costs are those current at the date of publication, but are subject to alteration without notice at the absolute discretion of the Company. It is recommended that the Passenger check regularly to ensure they are aware of the latest alterations (if any).

ALTERATION OF CONDITIONS:

These terms and conditions of carriage cannot be varied, altered or waived by the Company or by any servant, agent or representative of the Company, or by any third party providing services or facilities to the Company or the Passenger unless in writing and signed by a director or officer of the Company. The Company shall not be bound or be liable for any representation made or purported to have been made on its behalf unless the Company confirms such representation in writing.

ILLEGAL AND OTHER ACTS:

The Company reserves the right to remove the Passenger from a flight or tour without any liability to pay compensation if the Passenger at any time commits any act which in the opinion of the Company is offensive, illegal or dangerous or may endanger the health or safety, or impair the comfort of, other passengers or crew, or if the Passenger disobeys any direction or instruction of the Company’s flight crew.

BAGGAGE:

For safety reasons the baggage allowance per Passenger is strictly controlled. The baggage weight limit will be advised to the Passenger at the time of flight confirmation. Unless specifically exempted, baggage must be soft squashable bags, not rigid suitcases or framed trolley bags. Under no circumstances must the Passenger carry in checked baggage or on board the Company’s aircraft any dangerous or prohibited items (as those terms are defined by the Civil Aviation Safety Authority). Subject to law, the Company shall not be responsible or liable for any loss, damage or inconvenience caused in the handling of the Passenger’s baggage (which for the purposes of this term includes any equipment and personal property), including as a result of negligence. Subject to law, the liability of the Company to the Passenger for any lost or damaged baggage shall be limited to: A$1,600 in respect of destruction or loss to checked baggage; and, A$160 in respect of destruction or loss to cabin or other baggage (or such other sums as may be prescribed by applicable legislation for the time being in force). Notwithstanding, the Company shall have no liability for any inherent defect in or normal wear and tear to that baggage, or loss of or damage to checked baggage reported more than 12 hours after that baggage became available for collection.

AGENCY:

All ancillary tours, accommodation, transfers, travel and other contracts as required and to be provided by third parties are arranged by the Company as agent for the Passenger and not as principal.

LIMITATION OF LIABILITY:

The Company’s liability in respect of personal injury or death is limited to the circumstances and amounts as prescribed by legislation (including the Civil Aviation (Carriers’ Liability) Act 1959 (Cth)). Notwithstanding, to the maximum extent permitted by law, the Company shall not be liable to the Passenger or to any other person for consequential loss or damage or any other loss of any kind, arising directly or indirectly from negligence or any act or omission or any other cause in connection with provision or non-provision of carriage by the Company or any transport or service. If legislation provides a guarantee or warranty cannot be excluded, to the maximum extent permitted by law, liability of the Company for a breach of the guarantee or warranty will be limited either to the supply of the goods or services again or the payment of the cost of the resupply. Subject to legislation, the liability of the Company to the Passenger for death or injury to the Passenger is limited to A$725,000 (or such other sum as may be prescribed by applicable legislation for the time being in force). Any action in court to claim damages must be brought within two years from the date of arrival of the Company’s aircraft, or from the date on which the Company’s aircraft ought to have arrived.

TRAVEL DOCUMENTS:

The Company takes no responsibility for any invalid or out-of-date travel documents. It is the Passenger’s sole responsibility to provide proper travel documents including all necessary and valid identification, passports and visas.

SINGLE ROOMS:

The small size of a group can make single room accommodation difficult, however where single room accommodation is specially requested at the time of reservation, every effort will be made to provide it, but a special single room supplement will apply, as per the price applicable to that particular tour.

SPECIAL REQUIREMENTS:

Any physical, medical, mental or emotional disability, or special needs or dietary requirements of a Passenger that may require special handling or consideration, must be notified by the Passenger in writing when a booking or reservation is made.