RENTAL TERMS

Our Rental terms for Private Hire are available here and are an essential part of your engagement with TEAM.

These are for information ONLY and will be provided to any new hirer for review and execution before any engagement.

TEAM Private Hire

TERMS, CONDITIONS AND WARRANTIES OF CONTRACT

1.    INTERPRETATION

  1. Team Aviation means Team Aviation Pty Ltd (ACN 654 032 309) of Unit 9, Level 1, 44 Station Road Yeerongpilly QLD 4105.

  2. Hirer means the person referred to on page one.

  3. The Aircraft means the aircraft designated on page one.

  4. Home Base means YBAF: Archerfield, unless otherwise advised.

    CASA means the Civil Aviation Safety Authority.

  5. Where the context permits words importing the masculine gender shall include the feminine gender and neuter gender words importing the singular shall include plural.

2.    WARRANTIES BY THE HIRER

     The Hirer warrants that at the date of this Agreement and at the time of undertaking the proposed flight:

  1. The Hirer has not been convicted of any offence relating to the use of misuse of any aircraft.

  2. The Hirer has never been refused insurance in respect of an aircraft.

  3. The Hirer holds a current pilot’s rating for the Aircraft which is valid in the Commonwealth of Australia and will comply with all existing legislation and Governmental requirements pertaining to the use of Aircraft within the Commonwealth of Australia.

  4. The Hirer has read, understands and will comply with the Flight Manual. 

  5. The Hirer is not under the influence or alcohol, illegal drugs or any other intoxicating substances such as tranquilisers or sleeping aids.

3.    PAYMENT

  1. The Hirer agrees to pay Team Aviation the hiring fee and other charges set out on page one.

  2. The hire rate is to be on an hourly basis with a minimum hire period of one hour. Time will be measured using Hobbs engine meter with the hire period being the difference between commencement and return times rounded up to the nearest single decimal place.

  3. Payment for the Aircraft hire including an estimate for the proposed flying time is due in advance of the hire of the Aircraft.

  4. Any additional payment/refund for actual flight hours will be made at the time of return of the Aircraft.

  5. If the Hirer has not collected the Aircraft within one hour of the booked time without at least 24 hours prior written notice, the Hirer will be treated as a ‘no-show’ and the Aircraft will be re-assigned and available for hire. The Hirer will be liable to pay a $200 cancellation fee to Team Aviation.

  6. The Hirer agrees to pay any CASA, AVDATA or Air service fees along with any navigational expenses and other expenses connected with the hire of the Aircraft such as overnight hangarage, airport landing fees, etc.

  7. The Hirer agrees to pay in respect of the use by the Hirer or the aircraft all tolls, levies, taxies, duties, fines and penalties paid or payable by Team Aviation or imposed on Team Aviation or on the Hirer by any State or Federal Government Department, Authority, Statutory Corporation or other duly authorised body and whether by act, regulation or ordination or otherwise.

  8. The Hirer acknowledges that Team Aviation enters this Agreement relying upon the accuracy of the particulars shown on page one.

4.    UNDERTAKING BY THE HIRER

4.1      Normal Hire

  1. The Aircraft will not be used by the Hirer for any illegal purpose, in any race, speed test or in preparation therefore, or to propel or to tow any aircraft or vehicle or to carry greater number of passengers and or convey any load in excess of that contained in the Operations Manual of the Aircraft.

  2. The Hirer will comply with the Flight Manual applicable to the Aircraft and will not abuse or misuse the Aircraft nor fly or use it when it is a damaged or unsafe condition.

  3. The Hirer will conduct the proposed flight in accordance with all appropriate rules, procedure and applicable legislation including but not limited to all CASA requirements.

  4. The Hirer hereby acknowledges that Team Aviation is not the manufacturer of the Aircraft, nor the manufacturer’s agent, and that Team Aviation makes no warranty or representation, either express or implied, as to the fitness,

  5. workmanship, design condition, or merchantability of the Aircraft, its fitness for any particular purpose, or the quality or capacity or the materials in the Aircraft.

  6. The Hirer will, on each day of the hire period, check the airworthiness of the Aircraft by carrying out a thorough inspection of the Aircraft to ensure to its satisfaction that the Aircraft is airworthy and suitable for the proposed flight.

  7. The Hirer will carry all relevant documents including pilots licence, the maintenance release, flight manual, maps, charts, meteorological reports and NOTAMS legally required for the proposed flight.

  8. The Hirer will land the Aircraft only at suitable or approved airports.  Written approval to land at other than approved aerodromes must be given by Team Aviation in advance.

  9. The Hirer will ensure that the Aircraft is kept safe and secure during the period of hire and will be fully responsible and liable for any damage caused to or loss of the Aircraft during the hire period.

  10. The Hirer will report in writing to Team Aviation as soon as reasonably practicable and in any event within twenty four (24) hours after the event of any accident or incident which results in damage to or loss of the aircraft or which might give rise to any claim by any person again Team Aviation or the Hirer for injuries, loss or damage to persons by the Hirer. The Hirer will furnish Team Aviation with such written statements, information and assistance as Team Aviation may reasonably require in relation to any accident or incident.

  11. The Hirer shall not without the consent in writing of Team Aviation, make or give any offer, promise or payment, settlement, waiver, release, indemnity or admission of liability in respect of any accident, damage to the aircraft or to the property of any third party or injury to or death of any person.

4.2      Hire with Pilot Instruction

  1. In addition to the obligations of the Hirer set out in clause 4.1 and in this Agreement, where the Hirer the Hirer agrees to take instruction from Team Aviation’s chief pilot and such instruction will be charged at an hourly rate specified on page one. 

  2. The Hirer agrees at all times to follow the instructions of Team Aviation’s Chief Flying Instructor. 

  3. To the extent permitted by law, the Hirer agrees to waive, release and discharge all and any claim, right or cause of action however and whenever arising,  which the Hirer may have against (i) Team Aviation; (ii) the owner of the Aircraft (the “Owner”), (iii) Team Aviation’s and the Owner’s respective associates, related bodies corporate, employees, officers, assigns, agents, suppliers and contractors (the “Indemnified and Released Parties”) for or arising out of loss of the Hirer’s life or injury, damage or loss of any description whatsoever and howsoever caused which the Hirer may suffer or sustain in the course of or consequent upon this Agreement.

  4. To the extent permitted by law, the Hirer agrees to indemnify and keep indemnified the Indemnified and Released Parties on demand from any and all liability, actions, claims and demands of whatever nature however caused and by whomever brought as a result of or arising out of or connected with the hire of the Aircraft and this Agreement, including but not limited to claims in negligence, contract or for breach of statutory duty or statute.

5.    LIMITATION OF OPERATOR LIABILITY

  1. The Hirer wholly acknowledges the risk warning set out in bold and capitals on page one above and that the warning constitutes a risk warning pursuant to the Civil Liability Act 2003 (Qld). The Hirer fully accepts and assumes all liability for the risks, dangers and hazards of, and the possibility of injury, danger or death in connection with the Hirer’s hire of the Aircraft and/or receiving pilot instruction. Further, the Hirer recognises that any injury or death may result not only from the activities pursuant to this Agreement or the Hirer’s actions, but also from the actions or omissions of third parties including in relation to the operation or maintenance of the Aircraft or weather or other conditions.

(b)       The Hirer agrees that any warranty or term, whether express or implied, statutory or otherwise (including but not limited to any warranty that services will be rendered with reasonable care and skill) is excluded, to the extent permitted by law, in respect of liability for:

  1. death; or

  2. a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or

  3. the contraction, aggravation or acceleration of a disease; or

  4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to the Hirer’s the of the Aircraft and instruction (if applicable):

  5. that is or may be harmful or disadvantageous to the Hirer or community; or

  6. that may result in harm or disadvantage to the Hirer or community. 

(c)        In the case of any warranty which cannot be excluded, to the extent permitted by law liability shall be limited to, at Team Aviation’s option, re-supplying the services or goods or paying the cost of re‑supplying the services or goods.

6.    RETURN OF THE AIRCRAFT

(a)   The Hirer undertakes to return the aircraft to Team Aviation at the Home Base at the place, date and time specified on page one or at the expiration of any extension of the time authorised by Team Aviation and in the same condition as when hired.

  1. In addition the Aircraft must be returned in a clean and tidy condition satisfactory to Team Aviation.

  2. In the event that the Aircraft is returned in a condition that does not meet these requirements, Team Aviation reserves the right to charge a cleaning fee to the Hirer. 

7.         RETAKING POSSESION OF THE AIRCRAFT

  1. If the Hirer breaches any term condition, warranty or undertaking expressed or implied contained in this Agreement, or if Team Aviation  believes on reasonable grounds that the conduct of the Hirer is likely to prejudicially affect the condition of the Aircraft, the interest of Team Aviation in the Aircraft, any policy of insurance held by Team Aviation in respect of the Aircraft, the life or well being of any person who may fly in the Aircraft during the continuance of this contract or the safety of the goods carried in the Aircraft then in any such event Team Aviation is entitled to re-take possession of the Aircraft without notice to the Hirer.

  2. If Team Aviation so re-takes possession of the Aircraft, it shall, without prejudice to any other rights which it may have against the Hirer, be entitled to retain all monies paid by the Hirer to Team Aviation.

8.         WEATHER

  1. If there are any delays in returning the Aircraft to Team Aviation by the due date due to poor weather, insufficient light or any other reason, the Hirer should notify Team Aviation immediately.

  2. The Hirer should remain with Aircraft and return it to Team Aviation at the earliest practicable time consistent with good airmanship. The Hirer will be responsible for any personal expenses incurred due to such delay.

  3. If the Hirer is unable to remain with the Aircraft, the Aircraft must be secured and left in a safe location. 

  4. Team Aviation may organise another pilot to return the Aircraft to the Home Base. The Hirer will be responsible for the cost of returning the aircraft to the Home Base at the then current hire rates plus any transportation costs of the recovery pilot.

9.         UNSERVICEABILITY DELAYS

  1. If there are any delays in returning the Aircraft to the Home Base by the due date due to unserviceability arising through normal operations and for a reason not attributable to the Hirer, the Hirer must immediately notify Team Aviation and the hire of the Aircraft will be terminated at that point. 

  2. The costs of recovery and repair of the Aircraft (where required) will be Team Aviation’s responsibility.

  3. In no circumstances is maintenance to be performed by any individual or organisation without the prior written consent from Team Aviation. 

10. NO DEFAULT TERMINATION

  1. Either party can terminate this Agreement with 30 days’ notice to the other party.

  2.  11. GST

  3. The amounts of all payments required to be made by the Hirer to Team Aviation under this Agreement (apart from this clause) are exclusive of GST.

  4. If any payment required to be made by the Hirer to Team Aviation under this Agreement is consideration for a taxable supply within the meaning of the GST law, the Hirer must pay to Team Aviation at the time of such payment an additional amount equal to the GST on the supply, which additional amount shall form part of the consideration for the supply.

 12.      GENERAL

  1. The Hirer may not sublease or part with possession of the Aircraft or assign this Agreement to any other party or person.

  2. This Agreement may be executed in counterparts.  Each counterpart constitutes the agreement of the party who has executed and delivered that counterpart each of which shall, after delivery, operate as a deed poll by the party who has executed the counterpart.

  3. Any part of this Agreement shall be severable without affecting any other part of this Agreement.

  4. This Agreement is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that State.