Dreamcraft Aviation Limited T/A Sports Flying Academy Terms and Conditions when flying our aircraft
To become a client of the Sports Flying Academy you will need to read and accept the terms and conditions below. To accept the conditions and apply to be a new client please read these conditions and then scroll to the bottom and complete the online acceptance form.
The terms and conditions set out below form part of the Aircraft Flight Agreement (“AFA”) between Dreamcraft Aviation Limited T/A Sports Flying Academy (“Hereafter referred to as the “SFA”) and you, hereafter referred to as the “pilot.” The SFA agree to allow our microlight Tecnam Sierra P2002 to be flown by you, the pilot, subject to the following terms and conditions.
The SFA offers it’s aircraft under a non profit basis. the aircraft is operated at cost price and instructors, staff, directors and shareholders do not receive any remuneration for their services, neither are dividends paid to directors or shareholders.
Email and electronic correspondence
Our booking system and communication system relies us being able to send you emails and texts. By accepting these terms and becoming a client of the SFA you agree to receive emails and texts from us. This could include booking updates, calendar invites, news and marketing communications.
Laws and regulations
The Pilot agrees to conduct the flight of the aircraft in accordance with the SFA’s Operations and Safety Manual (A copy of the Operations and Safety Manual can be found in our downloads section.), the SFA’s rules and regulations, requirements of the Civil Aviation Authority, the appropriate part 149 organisation’s exposition, the aircraft pilot operating handbook, directives of the SFA’s staff, Whangarei airport rules and procedures and the laws of New Zealand.
Valid licence, approvals, recency and experience
The Pilot will hold and produce on request a valid pilot’s licence or appropriate microlight certificate and original documentation indicating the required approvals for the intended operation, a current pilot medical, pilot’s logbook showing recency, currency and experience requirements before flying the aircraft. (Please see recency and experience requirements in the SFA Operations Manual.)
All flights require prior authorisation from a suitably qualified SFA Flight Instructor. At the time of authorisation the pilot must disclose and note on the pre-flight log, located in the hangar, the intention of the flight, the intended landing points, the first name and surname of the passenger. (If any.) The authorisation may be verbal via phone or other electronic means such as text or email. The pilot agrees only to operate the aircraft for the intended operation as indicated on the pre-flight log. The Pilot should ensure that they brief themselves and gain all required information about any aspect of their intended operation, including, but not limited to, weather considerations, local flight procedures, last light considerations and aircraft operation. The pilot must not assign the AFA or any rights to any other party. The pilot nominated on the pre-flight log must be the only Pilot In Command and must not permit any other person to manipulate the controls of the aircraft.
The SFA insures the aircraft for its own benefit against hull risks and other risks of or in connection with the operation of the aircraft during the period of storage, taxi or flight, including risks of third party damage to persons or property. The SFA will provide a copy of the insurance policy on request to the pilot. The pilot undertakes to pay the SFA the full amount of any excess on any claim on the insurance together with any other ‘out of pocket’ expenses for which the SFA is otherwise liable. The pilot agrees to indemnify the SFA against all other costs, damages and liability arising out of or in any way connected with the use of the aircraft which are not covered by the insurance.
Any aircraft that is booked and is cancelled or rescheduled to another day after 3pm on the day preceding the original booking period will result in a cancellation fee being charged to the Pilot. The cancellation fee will be not be applicable, at the absolute sole discretion of the SFA, in the case of poor weather conditions precluding safe flight. Applications to reverse the cancellation fee must be made in writing with supporting documentary evidence to the Chief Flying Instructor and emailed to email@example.com.
The booking period shall commence at the beginning of the scheduled time made at the time of booking and terminate at the end of the scheduled time made at the time of booking. The SFA reserves the right to cancel a booking and charge the cancellation fee should the pilot not collect the aircraft within 30 minutes of the commencement of the booked period. The pilot must return the aircraft, aircraft manuals and equipment with flight details clearly and accurately entered in the billing flight log and the associated aircraft tech log located within the aircraft and must have secured the aircraft (inclusive of tie-down if appropriate.) at least ten minutes prior to the completion of the booking period. Failure to return the aircraft on time may result in the pilot being charged a late return fee per hour for each hour overdue in addition to the aircraft fees and charges, with a minimum charge of one hour’s late return fee.
Minimum aircraft usage during hire period
Each aircraft hire is subject to minimum hire charges as follows:
Less than 4 hours duration of booking – No minimum charge.
4-8 hours duration of booking – 1.5 hours.
8-12 hours duration of booking – 2 hours.
12-24 hours duration of booking – 3 hours.
24 hours and over duration of booking – 2 hours per day.
Fees and charges
The Pilot hereby irrevocably and unconditionally authorises the SFA to charge to the pilot’s credit card and/or to charge to the pilot’s account all fees and charges payable by the pilot under the AFA. The prevailing standard rate shall be charged for each flight hour for any pilot. Flight hours are calculated by VDO timer from engine start up to engine shutdown. The SFA reserves the right to calculate a fair and reasonable charge based on actual time flown in the event a VDO timer fails. The pilot shall be liable for all Airways charges, landing, parking and other such fees and charges incurred during the booking period and any difference between the fuel price paid by the SFA’s at BP Whangarei and those incurred during the booking period. The pilot shall be liable for any costs associated with any breach of the terms and conditions of this agreement or any such sum as is necessary to compensate the SFA for its loss or damage as determined by the SFA acting reasonably. The pilot shall be liable for the costs of recovering or attempting to recover from the pilot outstanding charges, including any mercantile agent’s costs and legal costs on a full indemnity basis.
Defects, damage, airworthiness and abandonment
It is the responsibility of the Pilot to return the aircraft in a clean and tidy state at the conclusion of the booking period. If the aircraft is found in a state other than described, the pilot may be charged a cleaning fee. The pilot shall report as soon as is practical to the SFA any defects that render the aircraft unserviceable or unsafe for further operation. Should the pilot abandon the aircraft for any reason, other than a defect that renders the aircraft unserviceable which was not caused by the pilot, the pilot shall be liable for all costs associated with the recovery of the aircraft. The pilot agrees to refrain from tampering with, attempting to repair or authorising any repair to the aircraft without the prior approval of the SFA’s Chief Flying Instructor. The pilot agrees to check the aircraft’s airworthiness by carrying out a thorough daily inspection of the aircraft and its accessories and check that the maintenance release will remain valid for the duration of the intended flight.
Geographic limits and authorised use
The Pilot agrees to operate the aircraft wholly within New Zealand and no more than 50NM from the New Zealand mainland unless otherwise authorised by the SFA and to use only approved airfields published in the AIP (except in emergency) and only for the purposes stated at the time of Flight Authorisation as written on the pre-flight log.
Every person undertaking a trial fight or flight training or using the SFA aircraft for any purpose whatsoever shall do so entirely at his or her own risk and no person shall be entitled to make any claim against Dreamcraft Aviation Limited T/A Sports Flying Academy or any officer, servant, instructor or authorised agent of the company, for any loss suffered by any such person through his or her participation in the activities of the company, notwithstanding that such injury or loss may have been caused by the negligence of the company or any officer, servant, instructor or authorised agent thereof. Furthermore you acknowledge that aviation related activities carry an inherent risk and agree to indemnify the Dreamcraft Aviation Limited T/A Sports Flying academy against any and all claims.
All terms and conditions and this agreement shall be governed by the laws New Zealand and the parties hereby submit to the jurisdiction of the courts of New Zealand.
Acceptance and new client application.
Before you can become a client of the Sports Flying Academy or get a login for the online booking system you will need to acknowledge and accept the terms by completing the form below.