TERMS & CONDITIONS FOR PRIVATE CHARTERS

​

1. Definitions

These Terms and Conditions ("Terms") govern the provision of private charter services by Fly Fenair (Pty) Ltd, an AOC based in South Africa ("Fly Fenair (Pty) Ltd", "we", "us", "our"). The party booking the charter ("Client", "you", "your") agrees to these Terms on behalf of all passengers. By booking a charter flight with us, you agree to abide by these Terms.

​

Fly Fenair (Pty) Ltd is dedicated to executing all services to the highest standards of safety, quality, and professionalism, with passenger safety, satisfaction and comfort as our foremost priorities.

​

2. Quotations and Aircraft Substitution

2.1. Quotations are aircraft-specific, valid for 7 days, and are subject to aircraft serviceability and availability.
2.2. Fly Fenair (Pty) Ltd reserves the right to substitute an aircraft with a similar-sized aircraft in the event of a last-minute change. This substitute may differ in make, model, size, seating capacity, number of crew members, and number of engines. We will provide notice of such substitution where reasonably practicable.
2.3. Fly Fenair (Pty) Ltd reserves the right to utilize a subleased aircraft operated by a fully licensed third-party carrier without notice to the Client when deemed necessary for operational, safety, or regulatory reasons. You acknowledge that this charter may be carried out by an undisclosed principal carrier on behalf of Fly Fenair (Pty) Ltd. These Terms and Conditions shall be for the benefit of, and enforceable by, such principal carrier, and you hereby waive any and all claims against Fly Fenair (Pty) Ltd arising from or connected to the operations of said carrier.
2.4. In the event that Fly Fenair (Pty) Ltd is unable to supply a replacement aircraft as per clauses 2.2 or 2.3, our sole obligation will be to refund you the full amount paid for the charter. This shall be our entire liability, and we shall not be liable for any consequential losses.
2.5. Without limiting clause 2.4 above, if Fly Fenair (Pty) Ltd is unable to supply any aircraft or is otherwise unable to conduct the charter for any reason, you acknowledge and agree that we will not be liable for any costs, damages, or losses incurred by you or any passenger as a result of the cancelled service. This includes, but is not limited to, costs for pre-booked accommodation, missed connecting flights, meals, transportation, visas, or any other consequential or incidental damages of any nature.
2.6. Fly Fenair (Pty) Ltd shall not be held liable for the charter not being conducted due to operational decisions made by third parties, including but not limited to: Air Traffic Control (ATC), airport or airstrip management and staff, fuel suppliers, immigration officials, weather conditions, published runway operating times, or the failure of runway lighting systems.
2.7. Quotations are subject to industry and fuel price fluctuations and are subject to all required permits, slots, and overflight permissions being obtained.
2.8. Quotations Include: Aircraft costs (including fuel surcharges), air navigation, en-route & approach charges, and airport fees. Catering & refreshments (out of base), passenger & cargo insurance, and taxes.

Exclusions:

• Crew meals, accommodation, and other crew-related costs (to be invoiced separately unless specified in writing).

• Any additional costs ("Additional Costs") resulting from delays, diversions, or route changes due to: compliance with international or national legislation; passenger requirements (including late arrival); aircraft unserviceability beyond Fly Fenair (Pty) Ltd’s reasonable control; adverse weather; unserviceable runways, or issues relating to passenger or crew safety. These Additional Costs include, but are not limited to, road transfers, connecting flights, hotel accommodation, additional nights in camp, meet-and-greet services, and car hire. All extra costs will be at the Client’s cost.

​

3. Booking and Confirmation

3.1. All charter bookings are subject to availability and written confirmation by Fly Fenair (Pty) Ltd.
3.2. Upon acceptance of the charter quotation, no aircraft shall be reserved, even provisionally, until:
a) These Terms and Conditions are signed and returned by the Client; and
b) A 20% non-refundable deposit is paid.
The deposit constitutes formal acceptance of the quotation and these Terms.
3.3. Mandatory Passenger Travel Insurance: All passengers must have valid travel insurance that covers medical emergencies, evacuations, cancellations, and baggage loss. The Client is solely responsible for ensuring this insurance is in place for all passengers.

​

4. Payment

4.1. The full balance of the charter price must be received no later than 30 days prior to the scheduled departure date. No flight will be dispatched without cleared payment in full in Fly Fenair (Pty) Ltd’s bank account.
4.2. Payment must be made by direct bank deposit or wire transfer (credit cards are not accepted).
4.3. Any Additional Costs incurred during the flight must be settled by the Client before the conclusion of the flight or will be invoiced and due immediately upon receipt.
4.4. Overdue amounts will bear interest at the maximum rate permissible by South African law.

​

5. Cancellation and Refunds

5.1. Cancellation by the Client must be made in writing and is effective upon receipt by Fly Fenair (Pty) Ltd. The following cancellation fees apply as agreed pre-estimated damages:
a) Any cancellation after the deposit has been paid will result in the forfeiture of the full deposit.
b) Cancellation between 15 and 30 days prior to the scheduled departure date: 50% of the total charter price is payable.
c) Cancellation less than 15 days (360 hours) prior to the scheduled departure date: 100% of the total charter price is payable.

5.2. No-Show Policy: For a private charter, the scheduled departure time is critical. Passengers must arrive and be ready for boarding at least 45 minutes prior to the scheduled departure time, unless otherwise specified. A grace period of 15 minutes after the scheduled departure time is permitted. If the Client and all passengers are not ready to depart within this grace period, it will be considered a "No-Show".

a) In the event of a No-Show, the charter is considered cancelled and 100% of the total charter price is forfeited.
b) If a delay impacts subsequent flights on the aircraft's schedule, a repositioning fee will be applied in addition to further fees, calculated based on our actual losses and repositioning costs, which will be detailed in an invoice.
c) Should the Client still require transportation later that day, Fly Fenair (Pty) Ltd may, at its sole discretion, offer a new charter. This will be treated as a new booking, subject to aircraft availability, and will be charged at the full prevailing rate.
d) Fly Fenair (Pty) Ltd retains full and sole discretion over all operational decisions in such events, which may include, but is not limited to, changing the departure airport or cancelling the service entirely.

5.3. Flight Cancellation by Fly Fenair (Pty) Ltd: Fly Fenair (Pty) Ltd reserves the right to cancel a flight due to operational, safety, regulatory, or Force Majeure reasons. In such an event, Fly Fenair (Pty) Ltd will either:
a) Refund the full amount paid for the charter (less any non-recoverable costs already incurred on the Client's behalf), or
b) Offer a rescheduled flight on a mutually agreeable date.
Fly Fenair (Pty) Ltd shall not be liable for any other costs incurred by the Client or passengers, including but not limited to hotel bookings, connecting flights, or other travel arrangements. This constitutes the sole remedy available to the Client. While our liability is limited to the remedies stated above, we will make reasonable efforts to assist the Client in finding alternative arrangements.

​

6. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to a Force Majeure Event. A "Force Majeure Event" shall mean circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, civil unrest, strikes, industrial action, pandemics, government regulations, extreme weather, or any other cause that could not have been foreseen or prevented.
Notwithstanding the above, any non-recoverable costs already incurred by Fly Fenair (Pty) Ltd on the Client's behalf prior to the occurrence of the Force Majeure Event shall remain due and payable by the Client in full. In the event of a cancellation due to Force Majeure, Fly Fenair (Pty) Ltd will provide a refund of any amounts paid for the charter, less such non-recoverable costs. No refund shall be due for any amount already refunded to the Client. Obligations are suspended only for the duration of the Force Majeure Event.

​

7. Flight Schedule and Delays

Fly Fenair (Pty) Ltd will make reasonable efforts to adhere to the agreed flight schedule. However, we reserve the right to delay, cancel, or divert flights due to weather, air traffic control directives, technical issues, or other circumstances beyond our control. In such events, Fly Fenair (Pty) Ltd will notify the Client as soon as reasonably possible. Our liabilities in such events are limited as set out in Clauses 2.6, 5.3, and 10.

​

8. Passenger Responsibilities and Conduct

8.1. Passengers must arrive at the departure point 60 minutes before the scheduled departure. Failure to do so may result in the flight departing without them, with no entitlement to a refund.
8.2. Passengers must comply with all safety, security, and operational procedures and instructions from the crew at all times.
8.3. Passengers are solely responsible for ensuring they have valid passports, visas, vaccinations, and all other required travel documents. Fly Fenair (Pty) Ltd shall not be liable for any costs or delays resulting from a passenger's failure to comply with this clause.
8.4. The Client is liable for any damage caused to the aircraft interior or exterior by any passenger in their party. The cost of repair, cleaning, or replacement will be invoiced to the Client.
8.5. The crew may refuse carriage to any passenger who is deemed to be under the influence of drugs or alcohol, or whose behaviour is disruptive, abusive, or poses a safety or security risk. In such cases, no refund will be provided.

​

9. Baggage and Cargo

9.1. No unaccompanied luggage will be carried under any circumstances. A travelling passenger must check all baggage in.
9.2. Luggage is limited to 20 kg per passenger, in soft-sided bags only. Hard-shell cases and incorrectly packed luggage will not be loaded under any circumstances.
9.3. Any excess baggage must be pre-approved and pre-purchased in writing. The only acceptable form of excess baggage is the purchase of an additional seat on the charter (subject to available space and weight limitations), which will be charged at the applicable seat rate.
9.4. Fly Fenair (Pty) Ltd may refuse any baggage that presents a safety risk or is suspected to contain prohibited items.
9.5. No claims may be made against Fly Fenair (Pty) Ltd for lost, damaged, or delayed luggage. Passengers must ensure their travel insurance provides adequate coverage.

​

10. Limitation of Liability and Indemnity

10.1. To the fullest extent permitted by law, the total aggregate liability of Fly Fenair (Pty) Ltd, its employees, agents, and sub-contractors, for any and all claims arising from these Terms or the charter services, shall be limited to the total price paid for the specific charter flight in question.
10.2. Fly Fenair (Pty) Ltd shall not be liable for any indirect, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of enjoyment, or missed connections.
10.3. You agree to indemnify, defend, and hold harmless Fly Fenair (Pty) Ltd against all claims, liabilities, damages, costs, and expenses (including legal fees) resulting from your or your passengers' breach of these Terms, misconduct, or negligence.

​

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. All disputes shall be subject to the exclusive jurisdiction of the High Court of South Africa.

​

12. Brokers

Where a broker is a party to this agreement, the broker binds themselves as surety and co-principal debtor for all payment obligations and indemnities on behalf of their principal.

​

13. Data and Communication

The Client consents to the processing of their personal data and that of their passengers for the purposes of fulfilling this charter agreement. Fly Fenair (Pty) Ltd will use the contact details provided for all communications. The Client is responsible for ensuring the accuracy of these details.

​

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions will remain in full force and effect.

​

15. Entire Agreement

This document constitutes the entire agreement between the parties. No amendment, addition, or variation will be valid unless in writing and signed by a duly authorised representative of Fly Fenair (Pty) Ltd.

​

16. Legal Costs

Should legal action be required to recover outstanding payments or enforce these Terms, the Client agrees to pay all legal costs on an attorney-and-own-client scale, including collection charges and tracing fees.

​

17. Acknowledgement:

By signing below, or by booking and confirming a charter, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions on behalf of all passengers in your party, which serve as written confirmation of the services requested.