TERMS & CONDITIONS
BOOKINGS, RESCHEDULING, CANCELLATIONS, REFUNDSA: BOOKING: The client will place an ORDER with Hanks Aero Adventures Inc including:
1) The aircraft type you plan to use and a second and third choice of aircraft.
2) The total number of people in the party.
3) The number of qualified pilots in the party desiring validation.
B:We, Hanks Aero Adventures Inc., will subsequently verify in writing your order specifying "Safari Dates" and a "Quoted Price" for the proposed Self-Fly Safari.
C:We will send a Contract agreement for a Self-Fly Safari to you for your signature. Return the signed Contract to us.
D:Send us a Reservation Deposit of 25% of the Quoted price for the Self-Fly Safari to Hanks Aero Adventures Inc. in New York State. All payments will be in US Dollars. Deposit and balance of payment can be made by bank certified check, direct deposit or credit card (Visa, MasterCard, American Express) into Hanks Aero Adventures Inc.'s US bank account
E: CONFIRMATION:Upon receipt by Hanks Aero Adventures Inc. of the signed Contract and Reservation Deposit we will make the necessary reservations and confirm to the client his or her Safari Dates and Self-Fly Safari itinerary. You now have a "Confirmed Booking".
F: FULL PAYMENT:The full Quoted price is due EIGHT WEEKS (56 days) prior to the scheduled beginning Safari Date.
SAFARI DATES:The date on which the client arrives in South Africa is the "beginning Safari Date". The "ending Safari Date” is the day the client leaves South Africa.
QUOTED PRICE:The amount in US Dollars of the Self-Fly Safari as specified in the verified order. Transportation to and from South Africa, Travel insurance and medical insurance is NOT part of the quoted price.
DEPOSIT:We require payment of a non-refundable Reservation Deposit of 25% the Quoted Price BEFORE we proceed with your reservation. The liability we incur for cancellation fees after confirming your booking with our suppliers makes this necessary. If the reservations cannot be made, and no alternatives are satisfactory to you, then we will promptly refund your Reservation Deposit in full.
QUALIFIED PILOT:Original documents: valid private pilot certificate, or higher; current Biannual Flight Review sign-off in log book; current Airman's medical certificate; Log book showing PIC time in the specific type and model of aircraft to be flown on safari. The Qualified Pilot must also successfully complete validation exercises as specified by the South African Department of Civil Aviation (DCA).
RESCHEDULING:Once the client has a Confirmed Booking scheduled dates can NOT be altered by the client. This is necessary for a variety of reasons including limited availability of aircraft and safari accommodation, fixed schedules of other clients.
CANCELLATIONS:The Reservation Deposit is not refundable except as stated in DEPOSIT above.
If a Confirmed Booking is canceled…
Within 93 days of the beginning Safari Date, we retain 35% of the total Quoted Price;.
Within 62 days of the beginning Safari Date, we retain 50% of the total Quoted Price;
Within 31 days of the beginning Safari Date, we retain 100% of the total Quoted Price;
REFUNDS:Refunds will not be made for occasional missed meals or services, nor for any hotel, lodge or camp accommodations not utilized by the client. No refund will be made for any absence by the client from the Self-Fly Safari tour, or portion thereof. Further, no refund will be made to the client if he or she fails to obtain a validated South African pilot license. Further, no refunds will be issued if the Self-Fly Safari is delayed, altered, canceled, or cannot be flown due to unsuitable flying weather, or due to mechanical failure of the aircraft, its engine(s), its avionics, or other components, or due to any and all other factors beyond our control.
ACCOMMODATION:Accommodation as specified in the itinerary, or similar, will be provided in hotels, lodges, and camps, with TWO PERSONS SHARING a twin-bedded room with private bath or shower where available. Rates are based on two people sharing. The applicable rate is charged to each individual. Private bath cannot be guaranteed at all Self-Fly Safari destinations. Hanks Aero Adventures reserves the right to substitute hotels, lodges or camps when necessary. The costs of service charges and taxes are included for all accommodations.
SINGLE ACCOMMODATION:Single accommodation is at an ADDITIONAL cost. Some safari lodges and camps make a policy of imposing an additional charge when only one person occupies the accommodation.
INFANTS and CHILDREN under 12 are not allowed at some bush camps. Policies vary. If you plan to bring children please advise us early in discussions so we can develop a suitable itinerary.
TIPPING:Tipping is not included.
CHANGE OF SCHEDULE:Hanks Aero Adventures operates in a land of unpredictable conditions. It may, therefore, occasionally be necessary to change the itinerary of a Self-Fly Safari with little or no notice. Hanks Aero Adventures reserves the right to make these changes without prior client notification or consultation. We will do everything within our control to maintain the scheduled itinerary and keep our clients fully informed.
INSURANCE NOT INCLUDED:Hanks Aero Adventures provides no insurance of any type except Pilot Excess Insurance. We do not include medical insurance, accident insurance, cancellation insurance, travel insurance, nor other insurance. Clients are encouraged to purchase coverage for these contingencies to the extent they require from their own travel agency or insurance agency.
PILOT EXCESS INSURANCE:Owners and operators of aircraft require pilots to purchase a sub-insurance policy to cover the deductible portion of the owner's Hull Insurance policy. This is known as "Excess" Insurance. In the event of a claim the Excess policy pays the deductible portion of the owner's policy. The amount of coverage varies according to the type of aircraft used and the terms of the owner's underlying Hull Insurance policy. The Pilot-In-Command and non-validated foreign pilots who will manipulate the aircraft controls are obliged to carry sufficient excess insurance to cover any sum he or she may be required to pay. The premium is included in the Self-Fly Safari package.
HEALTH:Malaria is a hazard in some areas. Before leaving the US check with regional health authorities to determine what anti-malarial medication is appropriate to the regions you will be visiting. TELL THE AUTHORITIES YOU WILL BE OPERATING AN AIRCRAFT. Check with your physician for vaccination requirements prior to departure. YELLOW FEVER is reported in some parts of Zambia. Visitors to Zambia may be asked to show evidence of Yellow Fever vaccination (International Certificate of Vaccination) when returning to South Africa. Drinking water and food are usually good over all of southern Africa and usually require no special precautions. However, clients should check at each location and should check with Hanks Aero Adventures Inc. before departing on a Self-Fly Safari.
PILOT-IN-COMMAND:Only a pilot who has successfully completed the South African Civil Aviation Authority requirements for foreign pilot license validation may act as Pilot-in-Command (PIC) of a South African-registered aircraft. The client, so qualified, is at all times the PIC of the aircraft. If more than one client has qualified as PIC, then either one or the other may act as PIC. Hanks Aero Adventures Inc. provides no other pilot for the Self-Fly Safari, unless otherwise stated in this contract.
MEDICAL INSURANCE FOR THE PILOT-IN-COMMAND NOT INCLUDED:All travel insurance policies we have seen exclude any person acting as crew of an aircraft from medical coverage arising from an aircraft accident. Under these circumstances, you personally, or your normal health insurance policy are responsible for paying costs of any medical treatment. The travel insurance policies we have seen include coverage for costs arising from other contingencies such as illness or automobile accidents, etc. However, medical coverage is included for passengers traveling in the same aircraft (if they have bought an individual policy). If you have any questions, ask your own medical insurance agent about coverage in Africa for injuries arising out of an aircraft accident in which you are a crew member.
BROKERED AIRCRAFT: Hanks Aero Adventures Inc. owns some aircraft and manages other aircraft that are used by clients on Self-Fly Safaris. When necessary Hanks Aero Adventures Inc brokers other aircraft for client use. An agreement governing the terms and conditions of client use of the aircraft is signed between the client and the aircraft owner or operator.
HAZARD: All safari activity is potentially hazardous. All flight in an aircraft is potentially hazardous. Much of Africa is wilderness with unpredictable flying conditions. Indeed, an integral element of a Self-Fly Safari is the experience of flying an aircraft in this environment. Nothing is guaranteed. It is essential that all lawful instructions and advice of Hanks Aero Adventures Inc, its representatives, safari operators, and flight instructors, be followed.
AIRWORTHINESS OF AIRCRAFT: Aircraft brokered by Hanks Aero Adventures Inc. for client use are either company owned or supplied by flight schools, air charter companies, flying clubs, private individuals, and aircraft operators. These aircraft are required to have periodic inspections, known locally as a Major Periodic Inspection (MPI), done at 100-hour intervals, or annually. In addition the Aviation Maintenance Organization (AMO) responsible for maintenance of the aircraft issues a “Certificate of Safety” certifying the airworthiness of an aircraft. Hanks Aero Adventures Inc determines that both these maintenance requirements are complied with. We make no other representation or warranty, express or implied, about the airworthiness, or other condition of the aircraft, its engine(s), its mechanical and/or electronic components, avionics, airframe, or other components. It is the responsibility of the client, acting in his or her capacity as Pilot-In-Command (PIC), to determine the airworthiness of the aircraft supplied, as required by South African Civil Aviation Regulations.
MECHANICAL DIFFICULTIES: In the event that mechanical difficulties with the aircraft arise in the course of a Self-Fly Safari an attempt will be made to diagnose and fix the problem. Clients should recognize that it is impossible to determine in advance a fixed scenario for dealing with a disabled aircraft in the bush and collateral issues. By nature, a Self-Fly Safari is conducted in remote locations where aircraft service facilities, spare parts, and qualified maintenance personnel are scarce. The pilot and occupants of a disabled aircraft should accept that a delay or curtailment of their planned itinerary is likely. In the event that multiple aircraft are flying together, such as in a group Self-Fly Safari, then occupants of the disabled aircraft should endeavor to continue their Self-Fly Safari in one or more of the accompanying aircraft.
However, broadly speaking, the following procedures will apply: The client is obliged to call Hanks Aero Adventures Inc. in South Africa to advise of the problem and to determine an appropriate course of action. Hanks Aero Adventures Inc. will contact the owner/operator of the aircraft for further instructions and relay these to the client. The client will undertake no repairs or maintenance without authorization from Hanks Aero Adventures, or the owner/operator of the aircraft.
Hanks Aero Adventures Inc. is not responsible for the inability of the client to complete a Self-Fly Safari, or a portion thereof, nor for delays, nor for cancellation of a Self-Fly Safari, nor for bookings at accommodations that are lost because of said delays or cancellations, resulting from any problem arising from a defective or unusable aircraft. Unused flight time may be refunded by the owner/operator of the aircraft. Hanks Aero Adventures Inc. will make every effort to secure a refund for unused aircraft flight time in this eventuality. In the event that fixing the aircraft will take an extended time -- whatever the reason -- the client should consider and be prepared to complete the Self-Fly Safari using other available means of transport such as ground transport, air charter, or commercial carrier. Any expenses so incurred are the responsibility of the client.
CLIENT MAY BE REQUIRED TO PAY THE EXPENSE OF GETTING A QUALIFIED MECHANIC TO THE SITE OF AN INOPERATIVE AIRCRAFT: The OWNER of an aircraft is responsible for repairs and maintenance to its aircraft. However, in the event that an aircraft becomes unserviceable but is repairable during a Self-Fly Safari the client MAY have to pay the expense of transporting a qualified engineer (aircraft mechanic) to and from the site of a disabled aircraft. Owners insist on this condition to maintain reasonable rental rates. However Hanks Aero Adventures will pay the first $300 of any such expense. A factor determining the cost is the proximity of the disabled aircraft to a certified Aviation Maintenance Organization (AMO). If an event of unserviceability occurs at an airfield where a qualified repair facility is available, then the client incurs no such expense. If multiple aircraft are flying together, then one of the remaining aircraft may be used to bring the mechanic to the site. In an escorted tour, the escort will bring the mechanic to the aircraft.
RETRIEVAL OF AN AIRWORTHY AIRCRAFT:It is the responsibility of the client to return the aircraft to its original point of hire at the conclusion of the Self-Fly Safari. In the event that an airworthy aircraft is not so returned, the client is liable for any and all costs of retrieving the aircraft. These costs may include the costs of air and ground transport, accommodation, meals, communications, and other expenses of the personnel required to retrieve the aircraft; charges for flying time of the aircraft being retrieved including fuel and oil (hourly wet rate); and other expenses that may arise.
BAD WEATHER:Self-Fly Safaris must, according to South African Air Law, be conducted during daylight hours in visual meteorological conditions (VMC). Therefore, it must be recognized that unsuitable flying conditions can disrupt, delay, or even make it impossible to fly a Self-Fly Safari. In the event of adverse conditions be aware that we will do everything we can to help. This may include advice on rerouting, rescheduling accommodations, and other help. Hanks Aero Adventures Inc. will make NO REFUND for unused aircraft flight time in this eventuality.
EXCESS HOBBS TIME:The client is responsible for payment of flying time in excess of the agreed upon flight time limit of a Self-Fly Safari as stated in this contract. At the conclusion of the Self-Fly Safari the client will be billed according to the prevailing hourly rate for the aircraft in question, excluding fuel (dry rate)l. Aircraft flight time will be measured according to readings of the Hobbs meter, if one is installed. If no Hobbs Meter exists in the aircraft, or the Hobbs meter fails, time will be measured according to the aircraft tachometer. Billable time will be determined by the elapsed tach time multiplied by a factor of 1.2.
RELEASE FROM LIABILITY:Each safari participant will be required to sign a "Liability Release” form before departure on a Self-Fly Safari. The intent of this document is two-fold: 1) that the safari participant broadly affirms and acknowledges his or her own responsibility for his or her own actions in participating in a Self-Fly Safari, and any subsequent consequences; 2) the safari participant agrees that Hanks Aero Adventures Inc will not be held liable for injury, death, damages or other loss suffered by the safari participant arising from his or her participation in a Self-Fly Safari.
DISCLAIMER:Neither Hanks Aero Adventures Inc. nor any of its employees, officers, directors, or shareholders, nor any other person acting for, through, or on behalf of it shall be liable for any loss, damage, injury, sickness or death whatsoever or from any cause whatsoever, incurred by any Safari participant or other person, arising out of the Self-Fly Safari, including but not limited to, arising from any errors or omissions contained in its literature or brochures, or from late or non-confirmation of bookings, or from any cause within or not within its control, or from any negligence of itself, or any agent, or of any independent contractor with which it deals, including any third party from or by whom aircraft or motor vehicles are leased or serviced or from whom accommodation, meals, tours or transportation are obtained for the client, and including any liability which any Safari Participant may incur to third parties arising out of the Self-Fly Safari such as injury to or death of third parties or their property.
In the event that any tour is rendered impossible, illegal, or inadvisable whether because of weather, mechanical difficulty, illness, season, strikes, war, civil unrest, government interference, or any other cause whatsoever, Hanks Aero Adventures shall have the right at any time, at its sole discretion, to cancel any Self-Fly Safari or the remainder thereof, or to make alterations of route, accommodation, aircraft and price details. Any extra expense incurred as a result thereof shall be the responsibility of the client.
Hanks Aero Adventures may at its discretion and without cost or liability to itself at any time cancel or terminate the client's booking for any reason whatsoever and, in particular but without limiting the generality of the above, in the event of the illness or the illegal or incompatible behavior of the client who shall, in such circumstances, not be entitled to any refund.
Hanks Aero Adventures Inc. organizes and facilitates African flying experiences and provides assistance to clients. We will do everything within our power to assure a successful and personally rewarding experience. If problems arise, whatever the nature, we will do our best to assist. If a dispute arises, we will do everything within our power to resolve it in fairness to all parties concerned. We assume our clients will do the same.