Terms & Conditions
BFC Air Safaris
Air Safaris
Terms & Conditions
By placing a booking with BFC Air Safaris, the Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below.
Where the Customer is an individual, no part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.
In the following terms and conditions, ‘the Company’ refers to BFC Air Safaris, a trading name of ACTAS Pty Ltd, its subsidiaries, brands or identities under which the company may trade, ‘the Customer’ and/or ‘the Passenger’ refers to the person and/or organisation making the booking and ‘the pilot’ refers to the pilot, the aircraft crew or supplier of the aircraft.
The Company provides a flight booking and touring services, working closely with operators licensed by the appropriate licensing authority in the relevant jurisdiction or State. The Company manages the booking process, allocation of bookings to service operators, and the overall quality of the service provided to customers. Service operators are responsible for providing vehicles and drivers fully compliant with the terms of their operating license and with the Company’s service quality standards.
Application
These Standard Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon the Company accepting a booking via the Company’s booking system. The Passenger shall at all times remain solely responsible for any acts and/or omissions (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the Passenger.
Pricing and Quotations
All prices quoted are valid for a period up to the departure date of the tour/safari. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and other relevant cost increases. Please contact your consultant for up-to-date prices.
Where an obvious error has occurred with the quoted/accepted price, we reserve the right to advise the customer of the error and provide an amended price for the journey and void the booking confirmed or accepted.
Included in the price: As per “Inclusions” in the itinerary. Not included are items of a personal nature, such as telephone, laundry or gratuities, drinks at bars, mini bars etc; and all extra communication charges incurred on a client’s behalf.
Payment
All monies must be paid in full 60 days prior to the start of the tour/safari unless expressly agreed by the Company in writing. If any outstanding monies are due, the company reserves the right to collect the monies due from the original credit/debit card used by or for the Passenger at any time. The Passenger also agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment.
In the event that the deposit is not paid on time or balance is not paid by the due date, the Company reserves the right to cancel the booking and any monies paid will be forfeited and the full balance will be due.
If payment has not been received within the agreed time-scale then the Company can no longer guarantee the quoted price and may be required to revise its quotation.
All bookings made using credit or debit cards will incur a processing fee, unless otherwise agreed by the company in writing.
Booking credits may be used up to 2 years from the date of issue and may be applied to any BFC Air Safari product. The Passenger acknowledges that the price of the original tour/safari, at the time of the issuing of a booking credit, may not be the same in future years and any increase in cost will be the Passengers responsibility.
Invoices
Invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All passengers agree to pay a non-refundable deposit of 10% of the monies owed to secure their seats on a specific tour/safari within 14 days of the issue of an invoice. All invoices are to be paid in full 60 days from the date of the tour commencement unless otherwise agreed in writing.
Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice. If no query is raised by the Customer within this period, it will be deemed as having been accepted in full.
Booking Confirmations and Amendments
It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency
If a Customer requires an amendment to a Tour Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking Confirmation.
It is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking.
The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance or event.
Depending on the nature of the booking amendment, additional charges may be required.
Customer Service
The Company operates a customer service improvement program to make sure that any service issues are dealt with promptly and trigger an improvement to the procedures used. Bookings are tracked at each stage of the process and written and telephone communications are recorded to assist with service improvement.
Any complaints must be made in writing in a speedy and timely manner, the Company will be unable to accept any complaints or apply compensation for complaints received more than 30 days after the date of travel. Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the management of the Company. The Passenger also agrees that in the event of a dispute arising from a booking, a charge-back request will not be raised through the card issuer or bank. The Passenger agrees to have a fair independent hearing with a licensed mediator if an agreement cannot be made between the Passenger and the Company.
Any complaints regarding the condition of the aircraft supplied or its facilities should be supported by photographic evidence.
Cancellation by Passenger
All cancellations must be made in writing. Should the Passenger wish to cancel a tour/safari where the Passenger has paid in either full or part for the tour/safari the following refund terms shall apply:
– Any cancellation requests must be acknowledged by us via reply email from one of our representatives. You must email your cancellation request through and ensure that you receive a reply email from us confirming that your journey is cancelled. We will accept no responsibility for cancellation requests made via phone, message service or email that has not been acknowledged by BFC Air Safaris.
– BFC Air Safaris reserves the right to charge you, the client, a cancellation fee of 10% of the total booking amount if you cancel for any reason (this is the non-refundable deposit).
– Cancellations more than 60 days from the date of departure will be refunded minus the non-refundable deposit.
– Cancellations 60 days or less from the date of departure will not be refunded for cash. A credit will be applied to be used within 2 years of the date of cancellation minus the non-refundable deposit.
– Cancellations 14 days or less prior to departure will incur 100% of the tour price in the event that the seats cannot be sold from our wait list. If the seats are sold, a credit will be applied to be used within 2 years of the date of cancellation minus the non-refundable deposit.
Any deviation from this policy will be on a case by case basis at the discretion of the Company.
Cancellation of an event or holiday or “reason for travel” does not affect the Passenger’s liability for the above cancellation fees and the monies will be due as if the passenger was traveling.
Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the company. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges.
Cancellation by the Company
In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution.
If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.
In such circumstances, the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential loss howsoever arising. It is strongly recommended that the Customer should consider insuring against this risk.
Force Majeure
For the purposes of this Agreement, "Force Majeure" means, in relation to the Operator of the aircraft, any circumstances beyond the reasonable control of the Operator including the following:
act of God, epidemic, explosion, earthquake, storm, flood, lightning, tempest, subsidence, fire, accident or aircraft crashes or things falling from aircraft;
war, hostilities (whether war has been declared or not), invasion, act of foreign enemies, terrorist acts, acts of any civil or military authority;
rebellion, revolution, insurrection, military or usurped power or civil war;
riot, insurrection, civil commotion, disorder, public demonstration, sabotage, acts of vandalism;
ionising radiation or contamination by radioactivity, chemical or biological contamination;
delay in transportation or communications;
acts, restrictions, regulations, bylaws, orders, refusals to grant, suspensions or withdrawals of any licences or permissions, prohibitions or measures of any kind on the part of any governmental or regulatory authority or court order;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes of whatever nature or any shortage of or difficulty in obtaining labour;
defaults of suppliers or sub-contractors for any reason whatsoever; and
breakdown of or accident to plant, machinery or equipment.
The Operator shall not be in breach of this Agreement or liable to the other Party for any failure or delay in performing any of its obligations under this Agreement if and to the extent that the failure or delay is due to Force Majeure.
Change of Aircraft
The Company reserves the right to subcontract to another Operator to perform to supply replacement vehicles with the same number of seats. If for operational reasons the Company is compelled to supply a larger aircraft than required this will be at no extra charge (unless the number of passengers is increased from the original booking).
Breakdown or Delay
The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay.
Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the aircraft and the Company strongly recommends that no valuables should be left on the aircraft at any time, even if that vehicle is locked.
Nor can the Company accept responsibility for any loss of or damage to property left on the aircraft after the end of the tour/safari. Property found on the vehicle after completion will be held at the aircraft operating base for a maximum period of 30 days. It is the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the Passenger. Property is to be collected at a time agreed by the Company and the Passenger.
Passenger Conduct
It is incumbent upon the Passenger and the Passenger’s party to behave in a proper manner for the duration of their journey. The pilot is responsible for the safety of the aircraft and as such may refuse to allow a passenger or passengers to board the aircraft or eject them from the vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The pilot may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the aircraft or the aircraft itself.
In such event, at the pilot’s sole discretion, the journey may continue once the passenger or passengers have been removed from the aircraft, but should a passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a tour/safari and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.
Any damage caused to the aircraft by the Passenger or any of the passengers shall be the responsibility of the Passenger and the Passenger shall be liable for all costs related thereto.
Limitation of Liability
Subject to the remaining provisions of this clause, the Company’s liability to the Passenger/Customer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value.
Neither the Company nor the Passenger/Customer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law.
The Company shall not be liable to the Passenger/Customer (whether in contract, tort, under statute, for misrepresentation or otherwise including in each case negligence) and whether or not the Passenger was advised in advance of the possibility of such loss or damage, for:
(a) any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
(b) any indirect or consequential losses whatsoever.
Nothing in this clause or in this Agreement excludes or limits the Passenger/Customer’s liability to pay (without set off) the charges of any Additional Charges
Animals
With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this agreement, unless specific permission has been obtained in writing from the company a minimum of 60 days prior to the commencement of any journey.
A recognised assistance dog is one that has been specifically trained to assist a disabled person and that meets the accredited membership criteria of Assistance Dogs International/ANZAD, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International will have formal identification. Accredited Australian and New Zealand assistance dog organisations can be found at the website address:
https://www.assistancedogsinternational.org.
Enforceability
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
Governing Law
These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of Australia. The parties hereby agree to submit to the exclusive jurisdiction of the courts of Queensland.
Use of Tour Photographs, Video and Privacy
From time to time the Company may use photographs or videos taken whilst on tour for various promotional and other purposes, including for advertising on its website. The Passenger hereby acknowledges and consents to their images being utilised by the Company for its sole purposes. When Booking with the Company, the Company collects the Passenger’s personal information and the Passenger consents to the Company collecting that information and to being added to the Company’s mailing list in order to notify the Passenger of forthcoming tours and activities and for the purpose of future promotions (subject to the Passenger’s right to unsubscribe from that list). The Company respects a Passenger’s privacy and will not share their personal information with any third party.
Website Terms and Conditions
BFC Air Safaris makes available information, materials, and products on its website, subject to the following terms and conditions.
By accessing this site, you agree to the terms and conditions as outlined in this legal notice.
BFC Air Safaris reserves the right to change these terms and conditions from time to time at its sole discretion.
Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from BFC Air Safaris
Use of Website Information
Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:
The document may be used solely for personal, informational, non-commercial purposes; The document may not be modified or altered in any way; Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and BFC Air Safaris reserves the right to revoke such authorisation at any time, and any such use shall be discontinued immediately upon written notice from BFC Air Safaris. Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Warranties and Disclaimers
Except as expressly provided otherwise in an agreement between you and BFC Air Safaris, all information, designs and material on this website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
BFC Air Safaris assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this website.
References to corporations, their services and products, are provided “as is” without warranty of any kind, either express or implied. In no event shall BFC Air Safaris be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this website. Brisbane Flight Charter Pty Ltd may make improvements and/or changes in the product(s) and/or the program(s) described in this website at any time.
Feedback; Confidential Information; Privacy; Security
Please note that, with the exception of credit card numbers, BFC Air Safaris does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to BFC Air Safaris will be deemed NOT to be confidential.
By sending BFC Air Safaris any non-personal information or material, you grant BFC Air Safaris an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that BFC Air Safaris is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
To learn more about how BFC Air Safaris protects your personal information, such as your name and address, please refer to the BFC Air Safaris online privacy statement.
All BFC Air Safaris products, services and publications are commercial in nature. The PowerPoint templates and documentation available on this website are “Commercial Items”.
BFC Air Safaris is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone.
We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalise your shopping experience with us; that’s all. BFC Air Safaris uses cookies to allow you to log in to your account, maintain a shopping cart and to purchase items in your shopping cart.
Cookies sent to your computer from BFC Air Safaris only last while you are browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.
Whenever you use our website or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser.
The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise, it is anonymous.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes.
An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
When purchasing from BFC Air Safaris your financial details are passed through a secure server using the latest SSL (secure sockets layer) encryption technology. SSL encryption is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre at BFC Air Safaris
Trademark Information
The trademarks, logos and service marks (“Marks”) displayed on this website are the property of BFC Air Safaris or other third parties. You are not permitted to use the Marks without the prior written consent of BFC Air Safaris or such a third party which may own the Marks.