VH-VMA Consolidated Rental Terms and Conditions

Please note: These terms and conditions, and the documents referred to herein, set out the contractual obligations of pilots who book and use our aircraft VH-VMA. Renting pilots should ensure they read and fully understand these terms and conditions, and seek their own legal advice if required.

The bottom line is: Look after our aeroplane, and we'll look after you.

1.1  Definitions

• Reference to Australasian Aircraft Rentals Pty Ltd includes the registered trading name SkyRentals.
• Aircraft means a Cessna 182Q aeroplane with the serial number 18265504 and registered in Australia as VH-VMA, the registration certificate being held by Australasian Aircraft Rentals Pty Ltd.
• Booking means a request, conveyed by any conventionally-accepted means, to Australasian Aircraft Rentals Pty Ltd to rent the aircraft.
• Booking period is the period of time requested in a booking during which the renter wishes to rent and have custody of the aircraft, a set of aircraft keys, and mandatory aircraft documentation.
• Rent and hire have the same meaning.
• Renter and hirer and renting pilot and hiring pilot have the same meaning.
• Rental period starts when access to the aircraft is made available to the renter by the provision of the aircraft's keys and/or mandatory aircraft documentation, and finishes when the aircraft is properly secured at Cairns Airport (or other agreed location) and the aircraft's keys and/or mandatory aircraft documentation are returned to Australasian Aircraft Rentals Pty Ltd.
• Wet hire means the aircraft is supplied at the start of the rental period with avgas and engine oil, and the costs of replenishing whatever has been consumed by the aircraft's engine will be borne by Australasian Aircraft Rentals Pty Ltd, either completely or at a specified rate. 'Callout' or 'opening' or 'after hours' fees charged by a refueller are not included in wet hire.
• Dry hire means the aircraft is supplied at the start of the rental period with a specified amount of avgas and engine oil, and the costs of replenishing them during the rental period, and at the end of the rental period to the amounts that existed at the start of the rental period, will NOT be borne by Australasian Aircraft Rentals Pty Ltd.
• Minimum servicing fee is a minimum charge determined by Australasian Aircraft Rentals Pty Ltd, currently set at $55.00 (including GST).

1.2  In these terms and conditions, unless the context otherwise requires:

• References to persons include any other entity recognised by law and vice versa;
• Words importing the singular number include the plural number and vice versa;
• Words importing one gender include every gender;
• Any reference to any of the entities by the defined terms includes that entity's executors, administrators and/or permitted assigns, or being a company, its successors and/or permitted assigns;
• Every covenant or undertaking expressed or implied by which more persons than one agree or undertake any obligation and/or derive any benefit in terms of these terms and conditions shall bind and/or enure for the benefit of such persons jointly and each of them severally;
• Clause numbers, headings, embedded hyperlinks and pop-up text are for reference purposes only;
• Where any word or phrase is given a defined meaning in these terms and conditions, any other part or speech or other grammatical form of such word or phrase shall have a corresponding meaning;
• A reference to a statute or statutory provision includes that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute.

1.3  Governing Law
These terms and conditions shall be governed by the laws of Queensland and all the entities hereby submit to the non-exclusive jurisdiction of the Courts of that State.

1.4  Variations
Australasian Aircraft Rentals Pty Ltd reserves the right to vary any of these terms and conditions at any time. A hirer's custody and use of the aircraft and subsequent bookings will be governed by the varied terms and conditions.

1.5  Entire Agreement
To the extent permitted by law, the aircraft rental terms and conditions consist of:

• these consolidated terms and conditions;
• oral or written information issued by Australasian Aircraft Rentals Pty Ltd; and
• any prior written or other terms and conditions, arrangements or understandings between the entities that have not been superseded.

In the event of a conflict between these terms and conditions and other terms and conditions covering the rental of the aircraft, the most recent requirements will apply. The obligations of renting pilots under these terms and conditions shall continue in force notwithstanding the cancellation, alteration or completion of a rental booking.

1.6  Availability
Australasian Aircraft Rentals Pty Ltd does not guarantee that the aircraft will be continuously available or that it will be fault-free. Australasian Aircraft Rentals Pty Ltd reserves the right to reject a booking without assigning a reason. Australasian Aircraft Rentals Pty Ltd reserves the right to terminate a booking and regain custody of the aircraft and associated items during the rental period when the aircraft has been or is being used in violation of applicable law or tariffs or in breach of the aircraft terms and conditions, or while any person at or in the aircraft is under the influence of alcohol or other drug, or when it is necessary for the safety and/or comfort of other airspace users or persons on the ground or for the protection of property.

By booking the aircraft, the renting pilot(s) agree(s) to abide by the following clauses:

2.1  Return of aircraft
Safely return the aircraft to Cairns Airport by the agreed date and time.

2.2  Aircraft abandoned
Be responsible for returning the aircraft to Cairns Airport, at the hirer's expense, if the aircraft is left anywhere else for whatever reason, except when the aircraft has developed a mechanical malfunction which was not caused by the hirer and/or the occupants.

2.3  Keep owner informed
Contact Australasian Aircraft Rentals Pty Ltd in the event of any undue delay, deviation, or any other unexpected circumstance.

2.4  Return of passengers
Be responsible for returning to Cairns the hirer and any occupants that cannot be returned in the aircraft for whatever reason, except when the aircraft has developed a mechanical malfunction which was not caused by the hirer and/or the occupants.

2.5  Cancelled booking
Pay a minimum servicing fee of $55.00 (including GST) when a booking is cancelled on rental day and not booked the next day.

By booking the aircraft, the renting pilot(s) agree(s) to abide by the following clauses:

3.1  Approved uses
Use the aircraft only for the purpose and over the route specified in the booking, unless varied due to adverse weather, mechanical reasons, or as notified to and expressly agreed to by Australasian Aircraft Rentals Pty Ltd.

3.2  Banned mechanical activities
Refrain from tampering with, modifying, attempting to repair, or authorising any repair to the aircraft without the express prior approval of Australasian Aircraft Rentals Pty Ltd or its currently authorised agent(s).

3.3  Abnormal events
Report all damage, incidents and accidents involving the aircraft during the rental period to Australasian Aircraft Rentals Pty Ltd and provide legible copies to Australasian Aircraft Rentals Pty Ltd of any reports made to any person or organisation in relation to any such damage, incident or accident.

3.4  Banned flights
Conduct no training, nor charter, nor practice engine failures, nor participate in an air race or air rally or time trial, without the express prior approval of Australasian Aircraft Rentals Pty Ltd.

3.5  Security when parked
Secure the aircraft properly when unattended and at the end of each flight, to prevent unauthorised access and to meet legislative and insurance requirements.

3.6  Limitations on use
Comply with the following requirements:

• Make a thorough preflight inspection of the aircraft, its equipment and accessories, and report any damage or discrepancies to Australasian Aircraft Rentals Pty Ltd prior to flight;
• Operate the aircraft in accordance with the CASA-approved Flight Manual unless expressly authorised by Australasian Aircraft Rentals Pty Ltd;
• Observe legislative requirements including, but not limited to, the Air Navigation Act 1920, Civil Aviation Act 1988, Transport Safety Investigation Act 2003 and Aviation Transport Security Act 2004, and all subordinate regulations, orders and rules empowered by such Acts;
• Permit no other person to fly the aircraft unless that person is mentioned in the booking and has the express prior approval of Australasian Aircraft Rentals Pty Ltd;
• Fly the aircraft only in weather and under the flight rules for which the aircraft and the hirer are duly rated, approved and capable which includes any recency, currency, health and equipment requirements and limitations.

3.7  Landing areas
Only operate the aircraft into and out of Australian aerodromes that are certified, registered and/or security-controlled, unless express prior approval has been obtained from Australasian Aircraft Rentals Pty Ltd or there is a declared emergency.

3.8  Refuelling
Only refuel the aircraft with avgas dispensed from authorised tankers and/or bowsers, and obtain official receipts and/or tax invoices for all avgas and engine oil purchased, and note the amount of avgas and oil consumed by the aircraft's engine on the aircraft's Maintenance Release.

3.9  Smoking
Ensure no one smokes in or near the aircraft.

By booking the aircraft, the renting pilot(s) agrees to abide by the following clauses:

4.1  Cleaning due soiling
Arrange for the professional cleaning of the interior of the aircraft if any other person aboard the aircraft should fall ill and/or soil the aircraft during the rental period. We recommend Australian Aviation Detailers for professional aircraft cleaning.

4.2  Repair due soiling
Arrange for the professional repair of any consequential damage if any other person aboard the aircraft should fall ill and/or soil the aircraft during the rental period. We recommend:

• Australian Aviation Detailers for professional aircraft cleaning,
• Yates Aero Engineering for airframe, engine and mechanical repairs, and
• FNQ Avionics for electrical, instrument and radio repairs.

4.3  Restore to rentable standards
Pay a minimum servicing fee of $55.00 (including GST) and any associated costs for cleaning and/or repairing the aircraft if extra time, effort or cost is incurred by Australasian Aircraft Rentals Pty Ltd to restore the aircraft's condition to the standard that existed at the start of the rental period.

4.4  Flattened battery
Pay a minimum servicing fee of $55.00 (including GST) and any associated costs for battery recharging or replacement if the recharging results from the hirer:

• not ensuring switches in the aircraft are turned off; and/or
• not starting the aircraft in accordance with the procedures described in the Pilot's Operating Handbook.

By booking the aircraft, the renting pilot(s) agree(s) to abide by the following clauses:

5.1  Deposit
If required and invoiced by Australasian Aircraft Rentals Pty Ltd, pay a deposit in advance to confirm a booking. The deposit will be refunded if the booking is cancelled, minus any applicable charges specified in the rental terms and conditions.

5.2  Basic rental charge
Be responsible for and pay for all engine time of the aircraft during the rental period. Engine time is measured using the aircraft's tachometer. There are three billing methods offered:

• 'Casual wet hire package' option: The rental rate is $522.50 (including GST) per tachometer hour. This wet hire rate includes the following:
   
  (a) Approved avgas and engine oil for consumption by the aircraft's engine during the rental period, provided it has been dispensed and documented in accordance with clauses 3.8 and 5.4 of these consolidated terms and conditions;
   
  (b) Landing and parking fees charged by Australian certified, registered and/or security-controlled aerodrome owners, operators and their billing agents for landing and parking the aircraft at those aerodromes; 'callout' or 'opening' or 'after hours' fees charged by an aerodrome operator or its agent(s) are not included.
   
  (c) Terminal navigation/en-route facility and service fees charged by Airservices Australia for the aircraft's use of its facilities and services as defined on their website;
   
  (d) If requested in the booking, the following items can be provided by Australasian Aircraft Rentals Pty Ltd, for use in the aircraft throughout the rental period by persons named in the booking, and to be returned at the end of the rental period in good order and condition:
  · up to 4 aviation headsets
  · up to 4 aviation lifejackets
  · Australian VFR charts, ERSA, AIP Book
  · fuel carnet cards
  · a GPS-equipped personal locator beacon (PLB)
  · a 3G mobile telephone handset (SIM card not included) with intercom connection
  · intercom connecting cable for iPods, Discmans and Walkmans
  · a portable 21 litre capacity 12/24/240 volt food cooler/heater
  · a digital carbon monoxide detector.
   
  Australasian Aircraft Rentals Pty Ltd supplies the above items "as is". It is up to the hirer to determine the suitability of the above items for their intended flight(s).

• 'Casual dry hire package' option: The rental rate is $429.00 (including GST) per tachometer hour. This dry hire rate includes subclauses 5.2 (a), (b), (c) and (d) above, except that:
  · avgas and engine oil will only be provided as per the definition of dry hire in these consolidated terms and conditions; and
  · fuel carnet cards will not be included.

• 'Contracted/Leased Rate' option: A prospective hirer may apply, and present a business case, to Australasian Aircraft Rentals Pty Ltd to consider an alternative payment regime for contracted bookings or for leasing the aircraft. Australasian Aircraft Rentals Pty Ltd reserves the right to reject an application without assigning a reason.

5.3  Aircraft not flown
Pay Australasian Aircraft Rentals Pty Ltd an additional fee of $27.50 (including GST) for each calendar day the aircraft is not flown during the rental period.

5.4  Fuel and oil receipts
Provide at the end of the rental period all receipts and paid tax invoices (or legible copies thereof) to Australasian Aircraft Rentals Pty Ltd for all avgas and engine oil purchased and used to replenish the aircraft during the rental period.

5.5  Invoice payment terms
Promptly pay Australasian Aircraft Rentals Pty Ltd for all invoiced charges and associated costs by cheque or electronic funds transfer, unless alternative payment arrangements have been expressly agreed to prior to the rental. This includes paying a minimum servicing fee of $55.00 (including GST) when an invoice is not paid in full or on time.

5.6  Uninsured costs
Pay to reverse any loss, damage or expense to the aircraft or arising from the aircraft's use by the hirer which is not covered by insurance, including any ferry flights and applicable insurance excess ("deductibles"), notwithstanding how that loss, damage or expense arose or was caused. For each activity required by Australasian Aircraft Rentals Pty Ltd to report and correct the loss or damage or expense, a minimum servicing fee of $55.00 (including GST) may also be added.
 
Examples of damage include:
· heavy landings and taxying incidents;
· indentations on control wheels from chart or GPS clamps;
· permanent scratches on windows from headsets or cameras;
· velcro on handheld GPS units tearing panel coverings;
· external damage due to contact with vehicles or ladders;
· graffiti.

5.7  Legal expenses
Pay all reasonable legal expenses and other costs associated with recovering any monies due under the rental terms and conditions.

By booking the aircraft, the renting pilot(s) agree(s) to abide by the following clauses:

6.1  Additional insurance
If arranging personal and baggage insurance for themselves and other aircraft occupants, to do so at their own expense.

6.2  Indemnity
Indemnify and hold Australasian Aircraft Rentals Pty Ltd, its employees and agents, harmless from all actions, claims, proceedings, demands, costs and expenses relating to any loss, damage, injury or death caused by or arising out of these terms and conditions where such loss, damage, injury or death was caused by, or arose out of, an act of negligence or omission by the hirer.

This webpage may be printed and endorsed by a hirer and Australasian Aircraft Rentals Pty Ltd as an agreement.