Terms & Conditions


1. Definitions

Activity
an activity included in a Trip as a destination;

Adult
a person over the age of 18;

Admin Fee
an administration fee charged by the Carrier when a Trip has been cancelled due to a Force Majeur Event or where insufficient passengers could be obtained for a Trip;

Aircraft
all and any aircraft operated by the Carrier;

Cancellation Fee
a fee charged by the Carrier where the Purchaser has cancelled their Voucher or Booking;

Carriage” or “Trip
a trip carried out or to be carried out in an Aircraft by the Carrier;

Carrier“, “we” or “us
R. G MacDonald trading as Sport Aviation and/or Sport Helicopters and/or The Huey Helicopter Company. For the purposes of these T&Cs, the Carrier shall include any representative, agent, employee or entity associated with the Carrier, including but not limited to any pilot employed by or associated with the Carrier;

Child
a person under the age of 18 but older than two (2);

Civil Aviation Regulations
the regulations to the Civil Aviation Act No 13 of 2009, including but not limited to “Part 91: General Aviation and Operating Flight Rules” and “Part 127: Commercial Helicopter Operations: Passengers Cargo and Mail”;

CPA
the Consumer Protection Act No 68 of 2008;

Day Trip
any Trip indicated on the Carrier’s website as such and including but not limited a Trip including a lunch, safari or shark cage diving;

Deposit
the deposit for a Trip which is equal to 100% of the Purchase Price;

Infant
a person under the age of two (2);

Passenger
means any person carried or to be carried in an Aircraft by the Carrier;

Purchaser
any person who purchases a Voucher for a Trip;

Purchase Price
the price of a trip including value added tax (“VAT”);

Ticket
the document entitled “Passenger Ticket”, as fully described in 27;

T&Cs
these terms and conditions;

Specialised Trip
a Trip including an Activity;

Voucher
a voucher purchased with the Carrier to be exchanged for a Trip(s) and which is valid for three (3) years;

You” and “Your
the Purchaser; or the Passenger; or the Purchaser and the Passenger collectively, as the context may require.

2. Notice in terms of the CPA

2.1

The CPA requires the Carrier to bring to your attention certain terms and/or conditions, which are indicated in these T&Cs by such term or condition being bolded and underlined.

2.2

The CPA also requires that the Carrier draws your to certain terms and that you specifically consent to such terms thereby confirming that you accept certain risks. These clauses have a tick box next to them and requires that you place a mark in such box to indicate same as read, explained, understood and accepted before purchasing a Voucher – if any of these are still not clear or if you need any further explanation, please contact the Carrier before purchasing a Voucher.

2.3

The CPA also requires the Carrier to clarify any “apparent misapprehension” you may have – if you have such a “misapprehension” DO NOT accept these T&Cs and contact the Carrier before purchasing a Voucher.

2.4

In these T&Cs, the Purchaser and/or Passenger are required to waive certain of its rights, assume certain obligations of the Carrier and agree to a limitation of the Carrier’s liability. By making a mark next to such terms, the Purchaser and/or Passenger acknowledges, understands and accepts that these terms may favour the Carrier or require that the Purchaser and/or Passenger to waive any rights, assume any obligations or limits the Carrier’s liability.

3. Application

These T&Cs apply from the time that a Voucher is purchased and thereafter, irrespective of whether –

3.1

the Voucher is cancelled;

3.2

any subsequent Booking is made, changed or cancelled; or

3.3

any subsequent Trip is undertaken or cancelled

4. Purchase Price

4.1

The Purchase Price is subject to change. You will be advised of the Purchase Price for your trip once your Voucher has been purchased and you submit a Booking Request.

4.2

The Purchase Price as at today’s date is shown at ANNEXURE A to these T&Cs.

5. Authorisation

5.1

It is acknowledged that the Purchaser and Passenger may differ and that sometimes a Purchaser will purchase a Voucher and make a booking on behalf of a Passenger.

5.2

The Purchaser by assenting to these T&Cs in accordance with 6.1 affirms that they are duly authorised to act as the lawful agent of the Passenger, that they have provided a copy of these T&Cs to the Passenger and that the Passenger has read, understood and accepted these T&Cs, including any portions thereof highlighted in accordance with 2.1 and/or with a tick box next to them in accordance with 2.2

5.3

The Passenger will in any event be required to read and sign these T&Cs, if they have not yet done so, as annexed to their Ticket, on the day of their Trip.

6. Voucher procedure

6.1

If you wish to purchase a Voucher for a Trip, follow the link on the Website [insert link] (“the Voucher Link”), you will then at the Voucher Link

6.1.1

tick next to the boxes indicated in these T&Cs;

6.1.2

accept these T&Cs by ticking the box which says that you have read, understood and accept the T&Cs;

6.1.3

fill in the requested details.

6.2

Once you have ticked the boxes referred to in 6.1, you will have indicated that you have read, understood and accept these T&Cs and the T&Cs will be binding on you as Purchaser and any Passenger you are acting on behalf of.

6.3

You will after ticking the box referred to in 6.1.2 be redirected to our payments page on the Website and will be required to pay the required Deposit for the Trip. The Carrier will email a copy of these T&Cs to you for your records.

6.4

If you wish to purchase a Voucher for a Trip, you will have to print out a copy of these T&Cs and –

6.4.1

tick next to the boxes indicated in these T&Cs; and

6.4.2

fill in the requested details as per ANNEXURE B to these T&Cs.

6.4.2

fill in the requested details as per ANNEXURE B to these T&Cs.

6.5

You can then return a marked copy of these T&Cs, including a completed version of ANNEXURE B to us per email at onlinebookings@sporthelicopters.co.za.

6.6

Once you have ticked the boxes referred to in 6.1 and returned a marked version of these T&Cs to us, you will have indicated that you have read, understood and accept these T&Cs and the T&Cs will be binding on you as Purchaser and any Passenger for whom you are acting on behalf of.

6.7

Once the marked version of these T&Cs is received, we will email you written payments instructions.

7. Trip Booking

7.1

Once payment of the Deposit has been received by us, we will notify you per email. You will then be required to book your Trip (“a Booking“) in writing per email (“Booking Request“).

7.2

Your booking is confirmed once we do so in writing per email (“Booking Confirmation”). Do not consider a Booking Request to be a Booking Confirmation.

7.3

All Trips are subject to availability of Aircrafts and the Trip you have requested in your Booking Request may not be available, in which event we will notify you and you will need to submit a new Booking Request.

7.4

Bookings require a minimum of 2 passengers.

7.5

Any Day Trip needs to be booked at least 24 hours before the time of the scheduled Day Trip to allow sufficient time for landing approval

8. Booking Change

Should you for any reason wish to change your Booking once you have received a Booking Confirmation, you may reschedule your Trip as follows –

8.1

more than 14 days before your Trip: free of charge.

8.2

less than 14 days before your Trip but more than 7 days: at a surplus fee of 25% of the Purchase Price; and

8.3

less than 7 days before your Trip: you may not reschedule your Trip and will be required to cancel. You will be liable for a Cancellation Fee of 100% of your Deposit as per 9.2.2.

9. Cancellation Fee

9.1

Should you cancel your Booking or Voucher for any reason whatsoever, including but not limited to any Force Majeur Event, you will be liable for a Cancellation Fee

9.2

You will be charged a Cancellation Fee for a Booking which you cancel as follows –

9.2.1

a Cancellation Fee of 50% of the Purchase Price for any Trip which is cancelled more than 14 days prior to the date of your Trip

9.2.2

a Cancellation Fee of 100% of the Purchase Price for any Trip which is cancelled less than 14 days prior to the date of your Trip

9.3

You will be charged a Cancellation Fee equal to 50% of the Purchase Price for a Voucher which you cancel.

9.4

Please remember that Vouchers are valid for 3 months

10. Cancellation and Booking Change Procedure

10.1

Should you wish to cancel your Voucher or cancel or change your Booking, you must do so in writing per email by emailing onlinebookings@sporthelicopters.co.za. Only a cancellation or change confirmed by us in writing per email should be considered as made.

10.2

Note that should a Voucher or Booking be cancelled or changed, as the case may be, in terms of 8.3 or 9.2, the Purchaser will be liable for the Cancellation Fee.

10.3

Where a Booking or Voucher is cancelled, the Carrier will refund the Purchaser their Deposit less the Cancellation Fee.

11. Force Majeure

11.1

For purposes of this clause, a “Force Majeure Event” means an act of God which includes but is not limited to war, threat of war, civil strife, terrorist activity (and its consequences or the threat of such activity), riot(s), the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, epidemic, pandemic, the severe limitation or restriction of transportation facilities, failure or shortage of supplies, legal impediment, including but not limited to laws, regulations and directives, and all similar events outside the control of the Carrier

11.2

We undertake to notify you as soon as reasonably practicable and where reasonably possible where of a Force Majeur Event.

11.3

The Carrier reserves the right to cancel a Trip where a Force Majeur Event has occurred or is occurring.

11.4

The Carrier reserves the right to cancel a Trip where a Force Majeur Event has occurred or is occurring.

11.4.1

change your Booking in accordance with 8 to such time as such Force Majeur Event is reasonably expected to have ceased by the Carrier; or

11.4.2

convert the value of your Trip amount to a Voucher of equal value.

11.5

Where a Trip has been cancelled due to a Force Majeur Event and the Carrier is of the opinion that the Force Majeur Event will not cease, or that it will cease and you have not elected either option in 11.4 –

11.5.1

you will be liable for the Admin Fee; and

11.5.2

the Carrier will refund the Deposit to the Purchaser less the Admin Fee (as calculated per 11.5.2 below).

11.6

The Admin Fee is calculated as follows –

11.6.1

a fee of 25% of the Purchase Price for any cancellation more than 14 days prior to the date of your Trip; and

11.6.2

a fee of 50% of the Purchase Price for any cancellation less than 14 days prior to the date of your Trip.

12. Number of Passengers

12.1

An Aircraft requires a minimum number of seven people to fly

12.2

Where there are insufficient passengers to fly, as determined by the Carrier, we reserve the right to –

12.2.1

add additional passengers to your Trip; or

12.2.2

12.2.2 cancel a Trip and give you the option to –

12.2.2.1

reschedule your trip; or

12.2.2.2

convert the value of your Trip to a Voucher of equal value.

12.3

Should we cancel a Trip due to insufficient passengers and you have not elected either 12.2.2, the conditions listed in 11.5.1 to 11.5.2 will apply and you will be liable for an Admin Fee in accordance with 11.6.

13. Weather Conditions

13.1

Trips are weather dependent and dependant on operational capacity and functioning.

13.2

We therefore reserve the right to, due to poor weather conditions or a lack of operational capacity –

13.2.1

cancel a Trip; and

13.2.2

change the advertised route of a Trip.

13.3

Should we cancel a Trip due to any factor referred to in 13.1, you have the right to elect either option in 12.2.2. Should you fail to elect either option in 12.2.2. the conditions listed in 11.5.1 to 11.5.2 will apply and you will be liable for an Admin Fee in accordance with 11.6.

13.4

If an Aircraft is diverted during a Trip because of poor weather conditions, the Passengers of that Trip will be liable for the additional costs associated therewith and agree to pay such additional costs on a pro rata basis.

14. Weight Limits

14.1

Helicopters are weight-limited and have a per seat limitation and a collective weight limitation.

14.2

Please take not of the weight restrictions which follow and which apply to each Aircraft operated by the Carrier –

14.2.1

Robinson R44 – maximum weight per seat is an average of 90kg across the three seats, or pilot’s discretion;

14.2.2

Bell 206 Jet Ranger -maximum weight per seat is an average of 85kg across the four seats, or pilot’s discretion; and

14.2.3

Bell 206 Long Ranger – maximum weight per seat in the is an average of 75kg across the six seats, or pilot’s discretion

14.3

It is the Passenger’s responsibility to ensure that their per seat weight does not exceed the values provided in 14.2

14.4

We reserve the right on the day of the Passenger’s Trip to upgrade the Passenger’s Trip Aircraft to a larger Aircraft at the expense of the Passengers on that Trip calculated on a pro-rata basis.

14.5

Should no larger Aircraft be available, 12.2.2 to 12.3 will apply.

14.6

Should no larger Aircraft be available, the Carrier reserves the right to cancel the Trip. You will then have the right to elect either option in 12.2.2. Should you fail to elect either option in 12.2.2. the conditions listed in 11.5.1 to 11.5.2 will apply and you will be liable for an Admin Fee in accordance with 11.6.

15. Specialised Trips

15.1

All Specialised Trips exclude Activity costs, lunch and refreshments. Pilot’s lunch is for your account.

15.2

Specialised Trips are subject to the availability of the Activity involved

15.3

Where a Specialised Trip is cancelled due to the unavailability or cancellation of an Activity, 8 will apply and you may be required to pay a Cancellation Fee.

15.4

The Carrier will not be liable for any fee due to a separate entity for an Activity.

16. Approvals and Permissions

Helicopter flights to non-approved or privately owned landing zones are subject to landing permission.

17. Baggage Restrictions

17.1

Helicopters are space and weight limited and we reserve the right to limit the baggage you may take on an Aircraft

17.2

A Passenger is permitted to take 1 (one) piece of carry-on baggage onto a flight, weighing not more than three (3) kilograms.

17.3

The Passenger may not carry onto the aircraft –

17.3.1

any Dangerous Goods; or

17.3.2

any firearm.

17.4

The size of baggage permitted on a Trip varies and depends on which Aircraft is used and the number of passengers on board. As a general rule, carry-on baggage should be small.

17.5

For purposes of this 17, “Dangerous Goods” means any articles or substances which are capable of posing significant risk to health, safety, property or environment when conveyed by air and which are shown in the list of dangerous goods in the International Civil Aviation Organization Technical Instructions for the Safe Carriage of Dangerous Goods or which are classified according to those Instructions, including but not limited to –

17.5.1

17.5.2

17.5.3

17.5.4

17.5.5

17.5.6

17.5.7

17.5.8

explosives;

flammable liquids;

flammable solids;

oxidising substances;

toxic and infectious substances;

radioactive material;

corrosives; and

miscellaneous dangerous goods, including knives and scissors.

18. Passengers with Physical Disabilities

18.1

A Passenger must notify the Carrier if they have a Physical Disability or are otherwise unable to assist themselves in an emergency during a Trip at least one (1) week prior to their scheduled Trip.

18.2

Should a Passenger have a Physical Disability and be unable to assist themselves during an emergency, they must be accompanied by an able-bodied person who can assist them.

18.3

For purposes of this 18, the term “Physical Disability” will include –

18.3.1

any physical disability; and

18.3.2

any splinted or artificial limb

18.4

The affected limb or supporting aids of a passenger with a splinted or artificial limb must not obstruct an aisle or any emergency exit or equipment.

19. Passengers with Mental Disabilities

19.1

A Passenger must notify the Carrier if they have a certified mental disability (“Mental Disability”) at least 1 (one) week prior to their scheduled Trip.

19.2

A person with a Mental Disability shall not be carried in an Aircraft operated by the Carrier unless –

19.2.1

accompanied by an able-bodied assistant; and

19.2.2

a medical certificate has been issued by a medical practitioner certifying that the person with the Mental Disability is suitable for carriage by air, and confirming that there is no risk of violence from such person.

20. Mental Disability History

The Carrier shall not undertake the Carriage of a person with a Mental Disability who, according to his or her medical history, may become violent, unless special permission has been obtained from [[the]/[a]] Director of the Carrier.

21. Child and Infant Passengers

21.1

Children (a person over the age of two (2) but under the age of 18 (eighteen)) or Infants (a person under the age of two (2)) must be accompanied by an Adult. Such Adult must have the authority and capacity to sign the Ticket and/or these T&Cs on their behalf. By initialing next to this 21.1, any Adult accompanying and taking responsibility for a Child or Infant warrants that –

21.1.1

they have the necessary authority and capacity to –

21.1.1.1

accompany such Child or Infant; and

21.1.1.2

sign the Ticket and these T&Cs on behalf of such Child or Infant; and

21.1.2

they take responsibility for such Child or Infant at all times during the Trip and on the Aircraft they are travelling on, including embarkation and disembarkation (“An Adult Passenger”).

21.2

An Infant must be carried on board an Aircraft seated on an Adult’s lap. An Infant must remain on the lap of the Adult Passenger responsible for them at all times during a Trip.

21.3

Children must occupy their own seat on board an Aircraft.

21.4

An Adult Passenger who is scheduled to travel with a Child or Infant on a Trip must –

21.4.1

supply the Carrier with such Child or Infant’s identity documentation at least one (1) week before the scheduled Trip; and

21.4.2

provide the Carrier with the Child or Infant’s proof of identification upon arrival at the Carrier’s premises for a Trip.

21.5

Should an Adult Passenger fail to adhere to 21.5, the Carrier reserves the right to refuse the Child or Infant to Board to the Aircraft for a Trip. Should this occur, the Adult Passenger will be liable for a Cancellation Fee equal to 100% of the Deposit of the Child or Infant’s Booking and will accordingly not be refunded for the Child or Infant.

22. Pregnant Passengers

22.1

A pregnant passenger is permitted to fly up to 36 weeks for a routine pregnancy.

22.2

If a Passenger is pregnant and has experienced complications with the pregnancy, a medical certificate from a medical practitioner, stating that the pregnant Passenger is fit to fly, must be supplied to the Carrier at least one (1) week before the Trip

22.3

All pregnant women beyond 28 weeks’ gestation must provide a letter from their obstetrician, general practitioner or midwife stating –

22.3.1

term of pregnancy;

22.3.2

fitness to travel;

22.3.3

22.3.3 whether it is a single, multiple or high-risk pregnancy; and

22.3.4

any possible complications, including hypertension, history of premature labour etc.

22.4

Should a pregnant Passenger fail to adhere to any obligations in this 22, the Carrier reserves the right to refuse such pregnant Passenger to board an Aircraft for a Trip. Should this occur, the pregnant Passenger will be liable for a Cancellation Fee of 100% of their Deposit and will not be refunded the Purchase Price.

23. Passenger Intoxication and Unruly Behaviour

23.1

The Carrier shall not permit a person to enter on an Aircraft while under the influence of alcohol or a drug having a narcotic effect.

23.2

Should a person arrive for a Trip who is visibly under the influence of alcohol or a drug having a narcotic effect or is otherwise and in any sense deemed to be unruly or a danger by a pilot employed by the Carrier or any other employee or representative of the Carrier (“an Unruly Person”), such Unruly Person –

23.2.1

will be refused embarkation onto any Aircraft; and

23.2.2

escorted off the Carrier’s premises.

23.3

If a Passenger on board an Aircraft is deemed to be such an Unruly Person in the opinion of the pilot of such Aircraft, that Unruly Person may be restrained, the Aircraft will be returned to the Carrier’s premises and such person will be disembarked.

23.4

An Unruly Passenger will be liable for any additional costs incurred by the Carrier in relation to any actions or steps it must take due to an Unruly Passenger, including but not limited to any steps or actions in terms of 23.3.

23.5

No Passenger may consume any alcohol or drugs on an Aircraft during a Trip or on the Carrier’s premises.

23.6

No Passenger may smoke any cigar, cigarette or any form of electronic smoking device on an Aircraft during a Trip or on the Carrier’s premises.

24. Arrival Time and Delays

24.1

The Passenger must arrive at the departure point at least thirty (30) minutes prior to the departure time of the Trip. Failure by the Passenger to comply with the aforesaid time provision will result in the Passenger being liable for a Cancellation Fee equal to 100% of their Deposit and they will accordingly not be refunded the Purchase Price.

24.2

The Carrier will use its best efforts to carry the Passenger and without unreasonable delay. Advertised Trip times are not guaranteed. At any time, and in the Carrier’s sole discretion, the Carrier may substitute Aircraft and may change stopping places shown on the Ticket.

24.3

Schedules are subject to change without notice.

25. Commands

In accordance with Civil Aviation Regulations: each Passenger on board an Aircraft must obey any command issued by a pilot in the performance of his or her duties.

26. Portable Electronic Devices

A Passenger may not operate any portable electronic device which may adversely affect the performance of the systems and equipment of the Aircraft during a Trip, including but not limited to a cell phone, laptop or tablet.

27. Ticket

27.1

A Ticket will be supplied to a Purchaser for signature upon arrival at the Carrier’s premises for a Trip.

27.2

A Ticket will have annexed thereto these T&Cs and a Passenger’s signature on the Ticket indicates their acceptance, understanding and consent to these T&Cs before a Trip.

27.4

No Passenger may board an Aircraft operated by the Carrier without a Ticket.

27.3

Where a Passenger has not signed these T&Cs before receiving a Ticket for signature, that Passenger will be required sign these T&Cs and initial next to each of the terms identified as risks in terms of 2.2 as read with the CPA.

28. Limitation of Liability and Indemnity

28.1

The Passenger agrees that all claims it may have against the Carrier relating to the Passenger’s Carriage are excluded. This includes, but is not limited to, claims arising from the negligence of the Carrier and includes any claims relating to the death or injury of a Passenger. The effect of this clause is that the Passenger may not bring any claim against the Carrier relating to their Carriage with the Carrier. You abandon all claims against the Carrier.

28.2

The Passenger agrees to indemnify the Carrier for any claims that may be brought by third parties relating to Your Carriage. The effect of this clause is that if anyone brings a claim for damages against the Carrier relating to the Passenger’s Carriage. The Passenger agrees to defend this claim on behalf of the Carrier and to be responsible for any damages that may be awarded against the Carrier.

28.3

South African law shall apply to and govern all the rights and obligations of the Passenger and the Carrier hereunder. The South African courts shall have exclusive jurisdiction over disputes arising from Carriage provided by the Carrier.

28.4

Any claims brought against the Carrier must be brought within ONE (1) year of the date of arrival at the destination, or the date on which the Aircraft was scheduled to arrive, or on the date on which the Carriage stopped.

28.5

[International Carriage will be subject to the articles of Carriage as set out in the applicable Conventions, include the Warsaw Convention, as amended by the Hague Protocol, the Montreal Convention and the Guadalajara Convention.]]

ANNEXURE A – PURCHASE PRICE

ANNEXURE B – PURCHASER / PASSENGER DETAILS

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