Terms & Conditions

Boutique Air Charter Services 

Document: BTA-T&C-CDSER-01

Revision: 1.0

For Charter Brokers & Arrangers: Boutique Air Charter Services 

Compliant with Civil Aviation Act 1988, CASA Flight Operations Regulations, ACL, Privacy Act 1988, and ACA/EBAA Charter Guidelines.

Draft Terms and Conditions of Charter Services

1. Definitions

· “We,” “Us,” “Our,” “Broker” refers to Boutique Air Charter Services (ACN/ABN: [Insert]), acting as an agent for the Operator.
· “You,” “Your,” “Client” refers the person, company, or entity booking the charter flight.
· “Operator” means the third-party holder of the Air Operator’s Certificate (AOC) who owns, manages, and operates the Aircraft.
· “Aircraft” means the aircraft provided by the Operator for the Charter.
· “Charter” means the air charter service arranged by the Broker and provided by the Operator.
· “Contract” means these Terms and Conditions, the Itinerary, and the Quotation.
· “CASA” means the Civil Aviation Safety Authority of Australia, the national aviation regulator.

2. Our Role as a Broker

2.1. We act as a disclosed agent for the Operator. We arrange charter services on your behalf by sourcing Aircraft from reputable, CASA-licensed Operators.

2.2. We are not an air carrier. The actual air transportation will be performed by the Operator, who holds the requisite AOC and is solely responsible for the operation, maintenance, and crew of the Aircraft.

2.3. We conduct due diligence on Operators to ensure they hold a valid AOC and meet our safety and service standards. However, the final responsibility for the safe operation of the flight rests entirely with the Operator.

3. Quotations, Pricing, and Payment

3.1. Quotations: All quotations are provided in Australian Dollars (AUD) and are valid for [e.g., 7 days]. Prices are based on the specific itinerary, aircraft type, and operational costs at the time of quote and are subject to change.

3.2. Pricing Components: The charter price includes:

• Aircraft, crew, and fuel for the agreed itinerary.
• Standard catering.
• Airport landing and handling fees as estimated.

Our brokerage fee.

3.3. Exclusions: The following are typically excluded and will be charged as additional costs:

• Aircraft De-icing, airport parking or hangarage beyond the agreed time.
• In-flight communications.
• Specific catering or special requests.
• Passenger taxes, customs, and immigration fees.
• Any changes to the itinerary requested by Client (you) after booking.
• Additional flight time or ground time (“Wait & Return” fees) beyond the agreed schedule.

3.4. Payment Terms:

• A deposit of [g., 50%] is required to secure the booking.
• The final balance is due no later than [g., 7 days] prior to the flight departure.
• Payments for ad-hoc or last-minute charters will be required in full at the time of booking.
• Payments must be made by [g., bank transfer] to our nominated account.

4. Booking, Cancellation, and Changes

   4.1. Booking Confirmation: A booking is only confirmed once we have received your signed agreement to these Terms and the required deposit, and we have issued a written confirmation.

   4.2. Cancellation by You:

Cancellation	Refunds
21+ days:	0%
14–20 days:	15%
7–13 days:	35%
3–6 days:	60%
24–72 h rs:	85%
<24 hrs/no-show Agreement with AOC applies	100%.

(Note: These timeframes and percentages are examples and can be adjusted, but they must be fair and compliant with the Australian Consumer Law).

4.3. Cancellation by the Operator/Us: We or the Operator may cancel the charter for operational or safety reasons, including but not limited to:

• Technical unserviceability of the Aircraft.
• Unavailability of crew due to illness or regulatory rest requirements.
• Adverse weather conditions making the flight unsafe.
• Political unrest, war, or airspace closure.
• Airport closure.

In such circumstances, our liability is limited to refunding all monies paid by You for the charter. We will not be liable for any indirect or consequential losses.

4.4. Changes by You:

You may request changes to the itinerary. We will use reasonable endeavours to accommodate requests, but changes are subject to the Operator’s availability and may incur additional charges.

5. Operator’s Conditions and Regulations

5.1. The Charter is subject to the terms and conditions of the Operator’s Contract of Carriage, a copy of which will be made available upon request.

5.2. The Operator, as the AOC holder, has final authority regarding all operational decisions, including but not limited to:

• The safety and airworthiness of the Aircraft.
• Flight routing, take-off, and landing decisions based on weather, payload, and performance.
• Refusing to carry any passenger or baggage for safety, security, or regulatory reasons.

5.3. All flights are operated under the regulations and oversight of CASA.

6. Client Responsibilities

   6.1. Passenger Information: You must provide full, accurate, and timely passenger information as required for security and flight handling (full names, date of birth, and contact details).

   6.2. Conduct: You are responsible for the conduct of all passengers. The Operator may refuse carriage to any passenger who is intoxicated, under the influence of drugs, abusive, or whose behaviour poses a safety or security risk. In such cases, no refund will be given.

   6.3. Baggage: You are responsible for ensuring baggage complies with weight, size, and content restrictions as advised by us or the Operator. Dangerous goods are strictly prohibited.

   6.4. Travel Documents: You are responsible for ensuring all passengers possess valid I.D., passports, visas, and other required travel documents for the itinerary.

   6.5. Timeliness: You and your passengers must arrive at the designated departure point at the agreed time. Failure to do so may result in the flight departing without you, with no entitlement to a refund.

   7. Liability and Insurance

   7.1. Operator’s Liability: The Operator maintains insurance as required by CASA, including liability for death, injury, or damage to third parties and passengers. The limits of this liability are governed by the Operator’s Conditions of Carriage and relevant international conventions (e.g., Montreal Convention 1999).

   7.2. Our Liability: As a broker, our liability is limited to the professional standard of care in arranging the charter. To the fullest extent permitted by law, we exclude all liability for any acts, omissions, or negligence of the Operator, its crew, or other service providers.

   7.3. Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you have under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you are entitled to a refund and compensation for any other reasonably foreseeable loss or damage.

   7.4. Indemnity: You agree to indemnify us and the Operator against all losses, costs, and damages arising from your breach of these Terms or the negligent or wilful misconduct of you or your passengers.

   8. Force Majeure

   Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from events beyond their reasonable control, including but not limited to: acts of God, war, terrorism, government actions, pandemics, industrial disputes, or any other event which renders the performance of the charter impossible or impracticable.

   9. Privacy

   We collect personal information to arrange your charter. We handle your personal information in accordance with our Privacy Policy, which is available on our website and complies with the Privacy Act 1988 (Cth).

   10. Governing Law and Jurisdiction

   This Contract shall be governed by and construed in accordance with the laws of [e.g., New South Wales], Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state.

   11. Entire Agreement

   This document constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements.

   By booking a charter with us, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

   Boutique Air Charter Services 
   Date:

ACN/ABN: [Insert]