H&A Air Pty Limited
TERMS AND CONDITIONS

Last updated: June 2025

 

1. OUR DISCLOSURES

These Conditions deal with important issues including when these Conditions apply, when charges are due and payable and Our liability to You including limits of liability.  Please read these Conditions carefully.  If You have questions about these Conditions You can contact Us via email at admin@haair.com.au

These Conditions contain important terms You should be aware of:

(a)      Clause 2 (Application) sets out when these Conditions apply and states these Conditions apply where Services are provided by Us to a customer (“You”, “Your”);

(b)      Clause 5 (Fees) sets out when You are required to make payment and states that interest will be payable if payment is not made within 14 days;

(c)       Clause 6 (Liability) sets out the limitations of Our liability to You where We provide Services and in some circumstances limits or excludes Our liability for property damage, personal injury or death and consequential loss;

(d)      Clause 6.4 (Liability- Flight Training) warns You that flight training is a dangerous and risky recreational activity and that your participation in flight training may expose you to risk of personal injury or death and says We are not liable to You for death or injury where You participate in flight training with Us;

(e)      Clause 8 (Cancellation and Rescheduling) sets out the circumstances when You can cancel or reschedule Your Services and provides that if You do not give 5 days’ notice, You will not be entitled to a refund and will have to pay the full cost of the Services;

(f)       Clauses 11 and 13.1 (Refusal of Carriage) set out when We can refuse to carry You on Our flights and when We may refuse to provide You with Services; and  

(g)      Clause 12 (Your Warranties) sets out the promises You  have given Us which We are relying on in providing You  with the Services including that You  have advised Us of all relevant safety hazards on Your property and provides that You  indemnify Us if Your promises are incorrect, if You  breach these conditions or if You  or Your Personnel cause damage by a negligent, wilful or unlawful act or omission.

2. APPLICATION

(a)      These Conditions apply to all Services provided by H & A Air Pty Ltd ABN 54 628 728 521 and/or any subsidiary or related company and also apply for the benefit of any Personnel, director, employee, agent, insurer or subcontractor of H&A Air Pty Limited or any subsidiary or related company (together, “We”, “Us”, “Our”), who shall each be entitled to all benefits, limitations, exclusions and defences set forth in these Conditions.  These Conditions govern the Services performed or to be performed by Us for customers (including any advice or information provided) whether provided for consideration or gratuitously.

(b)      In accepting any Services provided by Us, or asking Us to provide Services to You, You are agreeing to these Conditions and You acknowledge and agree that You are bound by these Conditions.  These Conditions will prevail over any other conditions including Your terms and conditions.

(c)       These Conditions apply even in circumstances arising from a fundamental breach of contract or breach of a fundamental term.

(d)      These Conditions may be updated from time to time.  Please regularly review Our website to ensure You have a copy of the most up to date Conditions.

3. CONSUMER CONTRACT

(a)      If You are a consumer within the meaning of the Australian Consumer Law, these Conditions do not affect any rights You have under the Australian Consumer Law.

4. ALTERATION OF THESE CONDITIONS

(a)      No employee or agent of Ours is authorised to modify or alter these Conditions and We are not bound by any waiver, discharge or release of a condition or any agreement which changes these Conditions unless it is in writing and signed by Us.

(b)      To the extent permitted by law, if any provision of these Conditions is void, unenforceable, invalid or illegal, that provision is to be read down to the extent required to ensure it is not void, unenforceable, invalid or illegal without invalidating the remaining Conditions.

5. FEES

(a)      Our invoices are due and payable 14 days after issue.

(b)      If You fail to make payment of an invoice within 14 days:

(i)       We may elect not to continue to provide services to You; and

(ii)      interest calculated at the Interest Rate shall accrue daily upon the outstanding amount from the date that payment was due until payment is made; and

(iii)     We may instigate legal proceedings to recover any amount owing without further notice.  Any Costs, fees or disbursements We incur in recovery of the outstanding amounts, together with interest, will be added to the amount owing.  

(c)       We may change Our rates at any time with notice to You.  Where We change Our rates, the new rates will not be charged until You have agreed to those rates or have been provided with 14 days’ notice of the rate change, at which time they will become the Agreed Rates.   If You do not agree with the new rates, You do not have to source Services from Us.

(d)      If You overpay Us an amount, We will repay any amount overpaid to You provided You have notified Us of the overpayment within 12 months.

(e)      If We are required to pay You any amount for any reason, including provide You with a refund, We are entitled to set off any amount owing to You against any amount You owe to Us.

(f)       Our invoices will itemise an amount for GST which is required to be paid to Us.  Despite any other provision, if We make a supply to You in respect of which GST is imposed (but where GST is not itemised on Our invoice or where the price is not described as GST inclusive), You must also pay an amount equal to the GST payable by Us on that supply.

6.  OUR LIABILITY

6.1         Consumer Law

(a)      Certain legislation including the Australian Consumer Law may confer You with rights, warranties, guarantees and remedies relating to the supply of Services by Us to You which cannot be excluded, restricted or modified. 

(b)      Notwithstanding any other clause in these Conditions, nothing in these Conditions excludes, restricts or modifies, or is to be interpreted as excluding, restricting or modifying any statutory obligation of Ours or the application of law applicable to the Services which cannot lawfully be excluded, restricted or modified.  Where the Australian Consumer Law applies and We fail to provide services in accordance with guarantees imposed by that law, You may have a right to seek remedies from Us. 

(c)       In respect of Services that are not acquired as a Consumer within the meaning of the Australian Consumer Law:

(i)       We provide all material, work and Services to You without conditions or warranties of any kind, whether implied or otherwise, except where such guarantees are stated in these Conditions or cannot be excluded; and

(ii)      if We are liable to You for a breach of a condition or warranty implied by the Australian Consumer Law that cannot be excluded, Our liability is limited to supplying the Services again or the payment of the cost of having the Services supplied again and otherwise will be limited to the maximum extent permitted by Law.

6.2         Limitations and Exclusions of Our Liability

To the fullest extent permitted by law, except as otherwise provided in these Conditions or by applicable law that cannot be excluded: 

(a)      We exclude all liability for loss, damage, Costs, expenses or Claims arising from or in relation to any Service We provide to You or agree to provide to You, whether that liability arises from breach of contract, negligence, or otherwise;

(b)      We will not be liable to You for any consequential, indirect or special damages or any loss of profit, bargain, use, reputation, benefit or opportunity, howsoever arising; and

(c)       To the extent liability cannot be excluded, any liability We have will be reduced proportionately to the extent the relevant liability was caused or contributed to by Your acts or omissions, including any failure to mitigate Your loss.

6.3         Liability –  carriage as a passenger: If You  are carried on a flight operated by Us as a passenger, Our liability for Your bodily injury or death caused by an accident on board an aircraft or during embarkation or disembarkation during domestic carriage is governed by the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) (which may be applied by state legislation) and is limited to AUD 925,000.  Recoverable damages may be reduced as a result of any contributory negligence by You.  Your right to claim damages will expire if court proceedings are not brought within two years from the date of Your arrival at the destination or the date the aircraft should have arrived.

6.4         Flight Training – Risk Warning and Liability: If the Services We provide to You  include flight training:

(a)      Your participation in the flight training involves participation in a dangerous recreational activity which is hazardous, dangerous and for which there is an inherent and obvious and significant risk of physical harm or personal injury including permanent disability or death and you agree to voluntarily participate in the course and assume all risks arising from the participation in the course regardless of how they may arise;

(b)      You acknowledge that you have been given a risk warning in respect of the risks that may arise including the risk of physical harm, personal injury, permanent disability or death and that  if you do not want to be exposed to such risks then you should not participate in the course;

(c)       To the fullest extent permitted by law you release Us and our Personnel from all losses, actions, Costs, liability, expenses, claims and liabilities that you may now have or have in the future that arise directly or indirectly from participation in the training course, including participation in flying activities including without limitation claims for bodily or psychological injury, death, property damage;

(d)      You undertake that you have provided us with full and accurate information concerning your identity, your qualifications to participate in the training and that you have disclosed to us all information relevant to your ability to safely participate in flight training including but not limited to any relevant medical conditions, any relevant psychological conditions, any relevant interactions with CASA and any previous incidents or occurrences you have been involved in, and to the extent you fail to provide us with such information or you provide us with information that is untrue or inaccurate, you indemnify us for any loss we suffer as a result of your failure to provide us with accurate and complete information; and

(e)      To the fullest extent permitted by law, We exclude the operation of guarantees under the Australian Consumer Law in respect of flight training activities and will not be liable to you for breach of guarantees implied under the Australian Consumer Law where the service we provide to you is in any way related to flight training.

6.5         Any exclusion or limitation of Our liability as set out in these Conditions shall apply to and be for the benefit of Our Personnel, agents, directors, officers, employees and representatives and any carrier or owner and their agents and representatives whose aircraft We use for carriage. The exclusion or limitation of liability shall also extend to related companies and independent contractors, in consideration for the provision of their services directly or indirectly to You.

6.6         Nothing in these Conditions gives up or waives any defence available to Us under any law.

6.7         Except where these Conditions state otherwise, Our liability is limited to proven compensatory damages.

 

7. AIRCRAFT AND VEHICLE TITLE AND OUR PROPERTY

You:

(a)      must, on occasions when the ownership of any aircraft or any vehicle We operate as part of the Services is relevant, make clear to third parties that the aircraft or vehicle is Our property and not represent that it has title to or any ownership interest in the aircraft or vehicle; and

(b)      will not create or allow to be created any security interest of any kind over any aircraft or vehicle We own or operate, and if such security interest is created, must immediately notify Us and take all steps necessary at its cost to remove or discharge such security interest;

(c)       if We give You possession of Our property at any time during the provision of the Services:

(i)       You acknowledge and agree that the property is and remains at all times Our property and at all times You hold the property as bailee for Us;

(ii)      You must not offer to sell, assign or mortgage the property or otherwise part with possession of the property or deal with the property in any way inconsistent with Our rights; and

(iii)     We are permitted at any time to retake possession of the property; and

(iv)     You agree that You will not retain continuous possession of the property for more than 90 days and undertake to return the property to Us within 90 days, whether or not We have made a specific request for You to do so.

8. CANCELLATION AND RESCHEDULING

8.1         Where Services are cancelled by You more than 5 business days prior to the date when the Services were scheduled to be provided, We will refund the full amount paid for the Services, less any booking fees and credit card charges.

8.2         Where the Services are cancelled less than 5 business days prior to the date when the Services were scheduled to be provided, a 100% cancellation fee applies and We will not refund any amount paid in respect of the Services.  This includes cancellations for any reason including changes or disruptions to Your travel plans, illness and weather conditions.  We recommend You purchase travel insurance prior to booking Our Services.

8.3         If the Services are cancelled by Us, We will make every effort to reschedule the Services at a mutually convenient time and date.  If You cannot be rescheduled, We will refund the full amount paid for the Services, less any booking fees and credit card charges. 

8.4         If You are refused carriage by Us in accordance with these Conditions, We will not refund any amount paid in respect of the Services.

8.5         If You need to reschedule Services You have booked with Us, including carriage on Our flights:

(a)      If You notify Us of the schedule change more than 5 business days prior to the date when the Services were scheduled to be provided, We will make reasonable efforts to accommodate Your request for a schedule change and in the event a change can be accommodated, no additional amount will be payable; and

(b)      If You notify Us of the schedule change less than 5 business days prior to the date when the Services where scheduled to be provided, We will make reasonable efforts to accommodate Your request for a schedule change and:

(i)       in the event a schedule change can be accommodated, a change fee of $100 will be payable, and

(ii)      in the event a change cannot be accommodated, the full cost of the Services will be charged.

8.6         Any refunds made will be paid to the original form of payment.

 

9.  OPERATION OF AIRCRAFT

9.1         Where Services involve the operation of an aircraft, We will operate the aircraft according to Our procedures, will determine at Our discretion the route and the suitability of flying and landing conditions and We are entitled at any time at Our absolute discretion to vary or amend the route or postpone or cancel any flight.  

9.2         Where a flight is operated, the Captain of the aircraft will be in command of the aircraft and its operation and will have complete discretion concerning the load carried, as to whether or not a flight should be undertaken, as to where or whether landings should be made and as to all other matters relating to the operation of the aircraft.  You accept all such decisions of the Captain taken for reasons of safety as final and binding.

9.3         To the extent permitted by law, We will not be liable to You for any loss, Claim, Cost or expense incurred by You or any other person as a result of any decision made by the Captain in accordance with this clause.

9.4         If You are booked for carriage on a flight, We will use reasonable endeavours to carry You and Your baggage in accordance with Our flight schedule, but times shown in timetables or notified to You are not guaranteed.  Flight schedules are subject to change for a range of reasons including but not limited to bad weather, air traffic control delays, technical disruptions and late inbound aircraft.  If You have provided Us with Your contact details, We will use reasonable endeavours to notify You about any schedule changes but We do not guarantee We will be able to contact You and prior to the day of Your flight, You should check the flight time has not changed.  It is Your responsibility to arrive in time for Your flight departure and, except where liability cannot be excluded under the Australian Consumer Law, We will not be liable to You for Your failure to do so.

9.5         Bookings for carriage on Our flights are not transferable and We have no obligation to provide carriage or Services to You unless You produce a valid proof of identity to Us when boarding a Flight or at the time Services are being provided.  If We discover a person attempting to travel on Your booking is not You, We will refuse to carry that person.

9.6         If You will be carried on Our flights, You are required to notify Us if You are suffering from any illness, disease or other condition (including pregnancy beyond 28 weeks) which may make it unsafe for You to fly.  We do not represent that travel is safe for You if You are suffering from an illness or condition and You are required to obtain Your own medical advice.  We may refuse to carry You if We are of the view that it would be unsafe for You to fly or that carrying You may affect the safety or health of other passengers.   

 

10. BAGGAGE, WEIGHT AND SPECIAL ASSISTANCE

10.1       If the Services being provided to You involves carriage on a flight, we may be able to carry one small item of baggage (dimensions no greater than 56cm x 36cm x 12 cm), weighing less than 8kg, on the flight with You.  Due to the size of Our aircraft, and weight and balance restrictions, We are sometimes prevented from carrying baggage and if you wish to bring an item of baggage with You, You should advise Us prior to Your Flight.  We will do our best to accommodate requests to carry baggage but requests cannot always be accommodated and we make no guarantee about the carriage of baggage and make no representation that we will be able to carry or transport your baggage. The Captain of the aircraft has the complete discretion to determine whether baggage can be carried on any particular flight. 

10.2       You warrant that any baggage You present for carriage on Our flights does not contain dangerous goods and We will not carry baggage if the baggage contains dangerous goods or if We reasonably suspect the baggage contains dangerous goods. For a list of dangerous goods see:  https://www.casa.gov.au/packright/banned-items

10.3       Due to the size of Our aircraft, We cannot carry extra baggage, even if extra charges are paid, and baggage which exceeds the limits in clause 10.1 will not be carried.  For the avoidance of doubt We will not accept any liability in respect of baggage not carried by Us or any liability for failure to carry baggage where the baggage does not meet the requirements of these Conditions. 

10.4       Due to the size of Our aircraft, We may request that You provide Us with Your total body weight at the time of booking or prior to Your flight for the purpose of completing Our weight and balance checks.  We may also weigh You when You arrive for Your flight.  If the total body weight You have provided is more than 5kg greater than the weight You had provided to Us in advance of Your Flight, We may cancel Your Flight and treat the cancellation as a cancellation with less than 24 hours notice under clause 8 above. 

10.5       If You require special assistance due to Your having limited mobility or there is another reason why You require special assistance, You must notify Us prior to making a booking to discuss the arrangements that may be required.  Due to the small size of Our aircraft, the special assistance that can be provided is limited.

 

11. REFUSAL OF CARRIAGE

We are not a common carrier and may refuse to carry You and Your baggage if any of the following circumstances have occurred or We reasonably believe will occur:

(a)      You do not appear to have all necessary documents or identification, having not made a booking, have not checked in on time or have not arrived on time;

(b)      We reasonably suspect You are under the influence of alcohol or drugs;

(c)       You fail to comply with these Conditions or any law or if carrying You will breach a law or order of a country to which You are travelling or departing from;

(d)      carrying You or Your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;

(e)      You have acted in an aggressive or inappropriate manner towards Our ground staff, a member of the aircraft crew or another passenger or have made any threat to Our ground staff, aircraft crew or another passenger;

(f)       You have not obeyed the instructions of Our ground staff or a member of the aircraft crew in respect of any safety or security matter;

(g)      We reasonably consider that carrying You may present a health or safety risk to You or other passengers;

(h)      You have refused to allow a security check to be carried out on You or Your baggage; or

(i)       You require special assistance and You have not made prior arrangements with Us for this.

12. YOUR WARRANTIES

12.1       In requesting that We provide Services to You and/or accepting the provision of Services, You warrant that:

(a)      You are the owner of the property where the Services will be provided or are otherwise authorised to request the Services be provided at the location of the Services;

(b)      You will pay any amount owing for the provision of the Services in accordance with the Agreed Rates;

(c)       You have provided Us with accurate and complete information regarding the Services to be provided including:

(i)       the location where the Services will be provided;

(ii)      the nature of the Services to be provided;

(iii)     the location of any powerlines in the vicinity of the location where the Services will be provided;

(iv)     the nature and location of any other potential hazards that may affect the safe provision of the Services; and 

(d)      the Services can safely be provided at the location where the Services will be provided and there are no relevant safety hazards at the location that might affect the safety of any of Our employees or Personnel who will attend or stay at the property to provide the Services;

(e)      You have made all reasonable enquiries to ensure the information You are providing Us is current, accurate and includes all relevant information.

12.2       You  indemnify Us against any Cost or liability We incur, pay or have to pay in dealing with a Claim against Us for loss or damage to property or for personal injury or death to the extent caused by Your breach of these Conditions, because Your warranties or promises are incorrect or by a negligent or unlawful act or omission or wilful misconduct of You  or any person acting on Your behalf including Your employees. 

 

13. GENERAL

13.1       Refusal of services

(a)      We may refuse to provide Services to any person for any reason.

(b)      Where We have agreed to provide You with Services or commenced providing You with Services, We may terminate Our Services at any time for any reason at Our absolute discretion.  If We terminate Services to You, You will be required to pay Us for all Services provided up to the date We notify You of the termination.  If You have prepaid for any Services that are not provided, We will refund You the amount of the prepayment that relates to Services We will not be providing. 

13.2       Supervening Legislation

Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by applicable law.

13.3       Not a common carrier

We are not a common carrier and will not accept liability as a common carrier.

13.4       Remedies Cumulative

The rights, powers and remedies provided in these Conditions are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Conditions.

13.5       Governing Law

These Conditions are governed by the laws of New South Wales, Australia and are subject to the jurisdiction of the Courts of New South Wales, Australia. Each party agrees to submit to the exclusive jurisdiction to the Courts of New South Wales.

13.6       Severance

Any provision of these Conditions which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the Conditions. 

13.7       Relationship of Parties

Nothing in these Conditions nor any circumstances associated with the provision of the Services will give rise to any relationship of employer and employee between You and/or Your Personnel and Us and/or Our Personnel.

14. DEFINITIONS

Agreed Rate means the rate which We have quoted to You for the provision of the Services and which You have accepted. 

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010.

Claim includes any claim, demand, remedy, suit, injury, damage, loss, Cost, liability, action, proceeding, right of action or claim for compensation.

Cost any cost, charge, expense, liability, loss, outgoing, payment or other expenditure of any nature.

GST any goods and services tax imposed on the sale or supply of goods, services and rights, including but not limited to amounts defined as “GST” under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) and any value added tax imposed by a Governmental Authority in connection with the performance of this Agreement.

Interest Rate means 9% per annum, compounding daily

Personnel all officers, employees, contractors and personnel including directors, officers or employees of subsidiaries or related entities.

Services means all operations We undertake or agree to undertake at Your request or instruction including but not limited to carriage on Our flights, the provision of aerial mustering services or aerial survey services, flight training and carriage of goods.