The operator will let to the hirer and the hirer will take on hire the nominated aircraft for the flight, journey or period, and upon the terms specified and agreed upon subject to the conditions set out herein. Making a booking to hire an aircraft constitutes accepting these Conditions of Hire in full.

Unless prior arrangement has been made, the aircraft will be made available to the hirer with a nominated amount of fuel on board, and the hirer shall return the aircraft at the completion of the hire with the same quantity of fuel on board. The hire rate of the aircraft does not include fuel. 

The hire rate for the aircraft is calculated using the Airswitch (if fitted), or in any other instance the time elapsed during which the aircraft is airborne. Hirers are advised to write down the times of each takeoff and landing, to cover any unforseen failure of the Airswitch.

All landing fees, airways charges, parking fees and any other charges incurred during the hire of the aircraft are the responsibility of the hirer. Landing fees vary at each aerodrome and fee information is available from the relevant Aerodrome Operator.

Unless prior arrangement has been made, payment for a hire shall be made by direct bank transfer to the Operator's nominated account within 24 hours of the completion of the hire. This will include the aircraft hire and all fees and charges pursuant to clauses 3 and 4 above.

At the completion of each hire, all paperwork including Flight Details sheets and the Maintenance Release must be completed, and the Maintenance Release totalled accurately.

Unless prior arrangement has been made, the aircraft will be made available at Darwin International Airport, ICAO code YPDN, and the hirer shall return the aircraft to the same location. The aircraft must be returned to an appropriate parking space at the Northern General Aviation parking area and must be tied down and chocked, and the control column and doors must be locked. The keys are to be returned in accordance with the agreement specified at the time of hire. 

The hirer shall contact the operator if and as soon as it is apparent that the hirer will be unable to return the aircraft on the due date as specified in their hire agreement. The hirer will not be liable for late return of the aircraft where such late return is a direct result of a reasonable operational decision by the pilot, to delay return of the aircraft on the basis of weather or other flight safety considerations.  

In respect of any hiring the operator reserves the right to cancel the agreement at any time prior to the commencement of the hire period specified on their hire documentation. The operator shall not be liable to the hirer for any loss or damages whatsoever in the event of such cancellation.   

The hirer shall in the first instance fly a check flight with a pilot nominated by the Operator before flying the aircraft solo. The hirer shall provide the operator with a copy of their pilot's license and valid medical certificate.   

The aircraft shall not be operated at any time during the hire period or while the aircraft remain in the possession and control of the hirer by any pilot(s) other than those approved by the operator.  The hirer warrants that he or she and such pilots comply with all applicable Regulations and other rules including but not limited to Australian medical and biennial flight review requirements, and also with recency requirements as appropriate to the type of flight.  

In respect of all hiring the hirer agrees to observe all applicable regulations and other statutory requirements. This agreement does not detract from the provision of such regulations or other statutory requirements, but it provides additional obligations. Such obligations in excess of the statutory requirements are to be met. If the statutory requirements and obligations imposed by this agreement are not observed and insurance cover is lost as a result, it is agreed that the operator shall recover the amount of any such loss from the hirer.  

The operator shall not be liable for any loss suffered by a pilot or passengers as a result of unscheduled maintenance or repairs or delay of any nature. The hirer undertakes not to perform or have performed any Civil Aviation Regulation Schedule 8 maintenance or any other maintenance unless such maintenance is expressly permitted by the operator. For the purposes of this clause, the carrying out and certification of a daily inspection, and the replenishment of fluids such as fuel and oil are expressly permitted by the operator.

The hirer shall leave with the operator written details of planned route and itinerary or if the operator so elects a written description of the geographical area of planned operation with such details as the operator shall require, including practical mans of contact with the hirer for use by the operator during the period of hire. The hirer shall confine his use of the aircraft to the geographical confines of the Brisbane and Melbourne Flight Information Regions (FIR), except with the express written consent of the operator. 

Except in the event of an emergency or as a precautionary measure to ensure the safety of the aircraft or its occupants, the hirer shall not land at any landing areas other than aerodromes. The hirer shall at all times ensure that the aircraft is operated in accordance with the takeoff and landing charts contained in the flight manual for the aircraft.   

The hirer shall at all times ensure that the aircraft is operated in accordance with the flight manual for the aircraft.   

Notwithstanding anything contained in this agreement the operator is not liable for any loss, damage or injury caused by or as a result of activities of or the negligence of it and/or its servants or agents.  

The hirer shall immediately report any incidents or accidents to the Operator, and provide copies of any reports generated as a result of any such incident or accident. 

The operator warrants that insurance covering third party liability is in force in respect of the aircraft. The operator does not warrant that the pilot is insured under any policy of insurance to which the operator is a party or that cover under that policy will be available to the pilot. The hirer shall be liable for any otherwise payable by the operator. The hirer and pilot in command shall be jointly and severally liable for any damage to the aircraft caused or contributed to by negligence of either the hirer or pilot in command.   

These conditions shall be governed by the laws of the Northern Territory of Australia and any proceedings in respect of any claim matter or thing against the operator shall be instituted in that state. The operator shall not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in writing and is signed on behalf of the operator by a duly authorised officer.