Western Australian Aviation College Terms and Conditions of Aircraft Hire
The terms and conditions set out below form part of the Aircraft Hire Agreement (“AHA”) between the Western Australian Aviation College (“the WA Aviation College”) and the Hirer to hire the aircraft identified on the Flight Docket and any person/company who provides a Credit Card Authority or payment guarantee to the WA Aviation College.
Laws and regulations
The Hirer agrees to conduct the hire of the aircraft in accordance with the WA Aviation College Operations Manual, the WA Aviation College Air Operator’s Certificate, requirements of the Civil Aviation Safety Authority and Airservices Australia, aircraft Pilot Operating Handbook, directives of a the WA Aviation College employee, Commonwealth Government, Western Australian Government and Jandakot Airport Holdings.
Valid licence, approvals, recency and experience
The Hirer will produce on request a valid pilot’s licence and original documentation indicating the required approvals for the intended operation, a current pilot medical, pilot’s logbook showing recency, currency and experience requirements before hiring an aircraft. Recency and experience requirements differ for each aircraft type. Please see a the WA Aviation College Flight Instructor for further details on currency and recency requirements.
All flights require prior authorisation from a suitably qualified the WA Aviation College Flight Instructor. At the time of authorisation the Hirer must disclose and note on the Flight Docket the intended landing points, the first name and surname of all passengers and the nature of the intended operation (for example, aerobatics, navigation). The authorisation will take the form of a signature from the Flight Instructor on the Flight Docket. The Hirer agrees only to operate the aircraft for the intended operation as indicated on the Flight Docket. The Hirer should use this opportunity to gain additional information from the Flight Instructor about any aspect of their intended operation, including, but not limited to, weather considerations, local flight procedures, last light considerations and aircraft operation. The Hirer must not assign the AHA or any rights to any other party. The pilot nominated on the Flight Docket must be the only Pilot In Command and must not permit any other person to manipulate the controls of the aircraft.
The WA Aviation College insures the aircraft for its own benefit against hull risks and other risks of or in connection with the operation of the aircraft during the period of hire, including risks of Third party damage to persons or property. The WA Aviation College will provide a copy of the insurance policy on request. The Hirer undertakes to pay the WA Aviation College the full amount of any excess on any claim on the insurance together with any other ‘out of pocket’ expenses for which the WA Aviation College is otherwise liable. The Hirer agrees to indemnify the WA Aviation College against all other costs, damages and liability arising out of or in any way connected with the use of the aircraft which are not covered by the insurance.
Any aircraft hire that is cancelled or rescheduled to another day after 3pm on the day preceding the original hire period will result in a cancellation fee being charged to the Hirer. The cancellation fee will be not be applicable, at the absolute sole discretion of the WA Aviation College, in the case of poor weather conditions precluding safe flight. Applications to reverse the cancellation fee must be made in writing with supporting documentary evidence to the General Manager, Western Australian Aviation College, 41 Eagle Drive, Jandakot WA 6164.
The hire period shall commence at the beginning of the scheduled time made at the time of booking and terminate at the end of the scheduled time made at the time of booking. The WA Aviation College reserves the right to cancel a booking and charge the cancellation fee should the Hirer not collect the aircraft within 30 minutes of the commencement of the hire period. The Hirer must return the aircraft, aircraft books/VDO cards with flight details clearly and accurately entered in the flight log and equipment and have secured the aircraft (inclusive of tie-down and fitting of throttle lock) at least ten minutes prior to the completion of the hire period. Failure to return the aircraft on time may result in the Hirer being charged a late return fee per hour for each hour overdue in addition to the hire fees and charges, with a minimum charge of one hour’s late return fee.
Minimum aircraft usage during hire period
Each aircraft hire is subject to minimum hire charges as follows:
Hire for one booking slot (1 hour 15 mins) No minimum
Hire for two booking slots 1 hour chargeable flight time
Hire for three or four booking slots 2 hours chargeable flight time
Full day hire (more than four slots) 3 hours chargeable flight time per day
Fees and charges
The Hirer hereby irrevocably and unconditionally authorises the WA Aviation College to charge to the Hirer’s credit card and/or to charge to the Hirer’s account (as nominated on the Flight Docket) all fees and charges payable by the Hirer under the AHA. The prevailing Standard Hire Rate shall be charged for each flight hour for any Hirer who is not a member of the WA Aviation College. Flight hours are calculated dependant on each aircraft type using differing methods including but not limited to, VDO timer, air switch, watch time and tacho time. Hirers are advised to ascertain the method of calculation at the time of aircraft booking. The WA Aviation College reserves the right to calculate a fair and reasonable charge based on actual time flown in the event a flight timer fails. The WA Aviation College members are entitled to member hire rates as detailed on the Price List. The Hirer shall be liable for all Airservices charges, landing, parking and other such fees and charges incurred during the hire period and any difference between the fuel price paid by the WA Aviation College at Jandakot Airport and those incurred during the hire period. The Hirer shall be liable for any costs associated with any breach of the terms and conditions of hire or any such sum as is necessary to compensate the WA Aviation College for its loss or damage as determined by the WA Aviation College acting reasonably. The Hirer shall be liable for the costs of recovering or attempting to recover from the Hirer outstanding charges, including any mercantile agent’s costs and legal costs on a full indemnity basis.
Defects, damage, airworthiness and abandonment
It is the responsibility of the Hirer to return the aircraft in a clean and tidy state at the conclusion of the hire period. If the aircraft is found in a state other than described, the Hirer may be charged a cleaning fee. The Hirer shall report as soon as is practical to the WA Aviation College any defects that render the aircraft unserviceable or unsafe for further operation. Should the Hirer abandon the aircraft for any reason, other than a defect that renders the aircraft unserviceable which was not caused by the Hirer, the Hirer shall be liable for all costs associated with the recovery of the aircraft. The Hirer agrees to refrain from tampering with, attempting to repair or authorising any repair to the aircraft without the prior approval of the WA Aviation College. The Hirer agrees to check the aircraft’s airworthiness by carrying out a thorough Daily Inspection of the aircraft and its accessories and check that the maintenance release will remain valid for the duration of the intended flight.
Geographic limits and authorised use
The Hirer agrees to operate the aircraft wholly within the state of Western Australia (“WA”) unless otherwise authorised by the WA Aviation College and to use only approved airfields (except in emergency) and only for the purposes stated at the time of Flight Authorisation as written on the Flight Docket.
All terms and conditions and this agreement shall be governed by the laws of Western Australia and the parties hereby submit to the jurisdiction of the courts of WA.