Terms - Airly

1. APPROVED OPERATORS

Airly Group Pty Ltd is a member-based travel arrangement service, and arranges travel in collaboration with it’s members. Airly Group Pty Ltd arranges said travel services strictly with Civil Aviation Safety Authority (CASA) approved Air Operator Certificate (AOC) holders. Airly Group Pty Ltd does not own aircraft, operate aircraft nor does it offer, sell or provide air transportation. Airly Group Pty Ltd provides other services, such as ground transportation, aircraft catering and concierge-type services for its members.

Airly’s approved operators (“Operator”) include Avcair, Shortstop Jet Charter, JetCity, Australian Corporate Jet Centres, Execujet, Flight Options and Revesco. All of the listed Operators hold valid CASA AOC’s with Charter authority, not Regular Public Transport (RPT) authority. Airly has ensured the Operator is correctly approved to operate the aircraft they provide, and the pilots are appropriately qualified to operate such aircraft.

If for any reason, the original Operator is unable to perform the flight, Passenger expressly authorizes Airly as Passenger’s authorized agent to substitute another operator from the approved list set forth above. Airly will provide Passenger with the name of the new Operator as soon as possible after a substitution becomes necessary.

2. BOOKING CONFIRMATION

By accepting the Terms and Conditions, Passenger reserves the offer information, which is displayed by electronic mail and/or via the Application and agrees to pay the full amount including taxes and fees listed.

Upon acceptance of the Terms and Conditions, the reservation is confirmed, relevant bookings are made and cancellations will be subject to the cancellation policy outlined below.

In the event the flight is a member-generated pending flight (distinguished by orange) no cancellation penalties apply till the flight is formally activated (distinguished by green) and payment made. Airly may fulfil your flight in an on another aircraft model that is equivalent or greater.

3. PAYMENT

By accepting the Terms and Conditions, you authorise Airly to charge your credit card the full amount including any agreed additional fees. Should you elect to pay via Electronic Funds Transfer, an invoice will be generated and Airly must receive the funds either five (5) days following the reservation, or five (5) days prior to the published departure time, whichever comes first.

Passenger must notify Airly of a disputed charge no later than five (5) days after an invoice, receipt or bill on which charge(s) first appeared. On the expiration of the five (5) days the charge(s) will be deemed final and undisputed. In the event that payment is not received in full beyond the five (5) day payment period, Airly will apply the lesser of 1% interest per month, or the maximum interest permitted by law. In the result that a payment is declined by Passenger’s credit provider (e.g. insufficient funds) any fees incurred by Airly will be forwarded on to the Passenger. Passenger will be required to reimburse Airly promptly. Passenger is liable for any and all fees incurred, including but not limited to, legal fees, by Airly in the collection of outstanding payments.

4. ACTIVATION

a) By aircraft owner

Your reservation may be subject to the approval of the aircraft’s owner. If applicable, the aircraft owner must provide full approval for the use of their aircraft. In the event that the owner does not approve your reservation Airly will liaise with the owner to adjust terms, timings, or if a resolution cannot be reached, attempt to source an alternative aircraft of the same category. Additional fees may apply should the alternative aircraft sourced be of a different price. Should an alternative aircraft not be sourced within 12 hours of the owner not approving the flight Airly will release all obligations by the Passenger found within the Terms and Conditions, specifically all liabilities found under section ‘Cancellation By passenger’.

b) By Airly

Airly’s new and innovative member-only shared flights require activation and approval by Airly. When a member creates, or opts into, a pending shared flight (distinguished by orange) no payment is required thus no liability applies under the Terms and Conditions. Airly will activate pending shared flights up to fourteen (14) days prior to departure, if not sooner. Factors that impact activation include but are not limited to: Passenger demand, aircraft availability and owner approvals. Once a pending shared flight is activated, payment is made in full by Passenger and all liabilities apply within the Terms and Conditions. In the event a pending shared flight not be activated, Airly will provide reasonable alternatives to Passenger in a prompt manner.

Airly shall not be held liable or responsible for any losses incurred should a pending shared flight not be activated.

5. ADDITIONAL FEES

Flight quotes may not include the following: catering, ground transportation, satellite phone use, WiFi, any damage to aircraft, excess luggage fees, fees for the transportation of pets, aircraft cleaning following the transportation of pets, additional flight time due to adverse weather conditions, international fees, additional landing fees, ramp, hanger or aircraft de-icing charges (the “Additional fees”). Furthermore, should a passenger request additional services outside the original flight quote, including but not limited to, additional catering, alternate FBO, flight time charge, change to route, and said additional services are agreed to by the Operator, Passenger agrees to pay any additional charges related to the request. Passenger agrees to indemnify and reimburse Airly for any and all Additional fees, expenses and costs as a result of any damage or wear and tear to aircraft interior and exterior determined by the Operator and Airly caused by the Passenger or their guests. If Passenger incurs any Additional fees or additional charges or such charges are reasonably attributed to Passenger or their guests by Operator that performed the flight, Passenger authorizes Airly to charge his or her payment method on file with Airly upon completion of the flight or at the time such charges or the Additional fees are incurred, whichever occurs first.

6. FUEL SURCHARGE

The flight quote is based on fuel costs at the time of booking. Airly reserves the charge a fuel surcharge amount due to any increases in cost of fuel between the booking confirmation and the departure time. Passenger shall pay Airly any such difference in amount due increased fuel cost immediately, or five (5) days prior to departure, whichever comes first.

7. CHANGES AND CANCELLATIONS

a) By passenger

By accepting the Terms and Conditions, Passenger acknowledges the following cancellation fees (the “Cancellation fees”) apply. Airly reserves the right to waive any or all cancellation fees under certain circumstances including but not limited to: Operator waiving Airly’s cancellation fee, reservation that utilizes the existing capacity. 1 day is equal to a 24-hour period. Cancellation policy is in effect upon the acceptance of the Terms and Conditions. Passenger authorises Airly to apply the Cancellation fees to the Passenger’s provided credit card information. Should said credit card be declined, the Passenger agrees to pay Airly via Electronic Funds Transfer immediately.

i) Charter

Airly’s cancellation policy for charter is as follows.

30 days prior to departure:	Fully refundable.
29-21 days prior to departure:	15% cancellation fee.
20-14 days prior to departure:	30% cancellation fee.
13-7 days prior to departure:	50% cancellation fee.
6-3 days prior to departure:	75% cancellation fee.
Up to 2 days prior to departure:	100% cancellation fee.

ii) Fixed-price one-way

Airly’s cancellation policy for a fixed-price one-way reservation is as follows.

30 days prior to departure:	Fully refundable.
29-21 days prior to departure:	30% cancellation fee.
20-14 days prior to departure:	50% cancellation fee.
Up to 13 days prior to departure:	100% cancellation fee.

iii) Member-generated (shared) flight

Airly’s cancellation policy for a activated shared reservation is as follows.

30 days prior to departure:	Fully refundable.
29-21 days prior to departure:	15% cancellation fee.
20-14 days prior to departure:	30% cancellation fee.
13-7 days prior to departure:	50% cancellation fee.
6-3 days prior to departure:	75% cancellation fee.
Up to 2 days prior to departure:	100% cancellation fee.

Passenger may elect to hold reservation in credit up to 30 days prior to departure without penalty.

Airly reserves the right to treat a no-show as a last minute cancellation whereby Passenger will not receive a refund or account credit. A no-show is deemed as a Passenger who arrives at the designated FBO less than 30 minutes prior to the agreed departure time in possession of a valid form of photo identification.

iv) Empty leg

30-14 days prior to departure:	15% cancellation fee.
Up to 13 days prior to departure:	100% cancellation fee.

b) By Airly or Operator

Force Majeure

Airly is not liable for the delay or failure to provide a charter aircraft or perform the flight when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather-related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of Airly or Operator, as applicable, whether or not of the kind specifically listed above. In addition, Passenger understands and agrees that when, by the sole discretion of a pilot or Operator, safety or security is compromised, Airly or the Operator or the pilots may cancel a flight, refuse to commence a flight, or take other action deemed necessary without breaching its duty or obligations to Passenger or be liable for any loss, injury, damage or delay. Notwithstanding the above, Airly will make commercially reasonable efforts to secure a substitute aircraft of a comparable class. If Airly is successful sourcing a substitute aircraft, the original price of the reservation will be adjusted for the substitute aircraft. Passenger will have the right to accept or decline the substitute aircraft for charter or fixed-price one-way flights. This provision does not apply to empty legs or member-generated shared flights and Airly will not source a substitute aircraft should an empty leg be cancelled by a Force Majeure event.

Empty leg

Due to the pricing nature and advantage of empty legs, an empty leg can be cancelled at any time with or without notice to Passenger due to scheduling changes, mechanical issues with the aircraft, pre and post empty leg flight cancellations (i.e full paying customers that facilitate said empty leg), crew duty limitations, medical condition of the crew, and any other Force Majeure-related reason the Operator provides. Passenger understands and agrees that Airly does not guarantee, is not obliged to, and will not provide a replacement aircraft in the event an empty leg is cancelled for any reason. Airly will only be liable for the reservation fee paid by the Passenger. Furthermore, Airly will not be held liable for compensation or additional account credit, lost opportunity costs, substitute travel arrangements and associated expenses or any other damages.

8. TRANSPORTATION OF PETS AND SERVICE ANIMALS

Passenger and guests are not permitted to transport pets on any activated shared flight. Airly will only permit the transport of service animals on board activated shared flights. Airly reserves the right to charge Passenger any subsequent cleaning fees for the transportation of service animals imposed on Airly. Passengers are required to notify Airly at least 48 hours prior to departure if they will be bringing a service animal on board a confirmed shared flight. Unauthorised transportation of pets on activated shared flights will result in Passenger and guests being removed from the flight, forfeiting any and all reservation fees. Passenger’s membership will also be reviewed by Airly.

9. RESPECTFUL USE POLICY

Airly requires all Passengers and their guests to comply with our respectful use policy. The policy is not designed to inhibit your experience but instead to maintain a strong level of decorum on board the flight, respecting the expensive assets that are provided to Airly by our operators. If Passenger or Passenger’s guest engages in a manner that is deemed disrespectful, damaging or disruptive by Airly, the operator or another Passenger or guest, such Passenger or guest may be declined a service forfeiting any and all reservation fees. This determination is at the sole discretion of Airly. Disrespectful, damaging or disruptive behaviour includes, but is not limited to smoking (including electronic cigarettes, vaporizers, and similar devices), not following the instruction of pilots, flight attendant and/or other flight and/or ground crew, the use of drugs or alcohol, the use of offensive, threatening, abusive or insulting words towards other Passenger, Passenger’s guests, the crew or Airly personnel, involves behaviour which causes discomfort, inconvenience, damage, injury or insult to other Passengers, their guests, crew or Airly personnel, then the crew make take such measures deemed necessary to prevent the continuation of such behavior, including restraint. A Passenger or Passenger’s guest may be disembarked, and refused onward service at any point and will be prosecuted for criminal offences committed onboard the aircraft.

Airly holds a zero tolerance stance on any illegal, disruptive or disrespectful behaviour.

The crew reserves the right to deny boarding to any Passenger or guest who appears to be intoxicated, disruptive, under the influence of drugs or other substances or abusive. Airly will not coordinate subsequent services and will review Passenger’s membership.
The transportation of drugs and/or drug paraphernalia is strictly prohibited, regardless of whether certain drugs may be considered legal.
Passenger and their guests must be respectful of other Passengers and guests, crew, Airly personnel and other service-related personnel.
Passenger and their guests must be respectful of the operator’s assets including, but not limited to, aircraft.
Passenger and their guests will be held liable for any damage to the aforementioned assets, outside of what is considered as general wear and tear.
Passenger and their guests must maintain an appropriate level of hygiene and dress standards while flying on confirmed shared flights. If a Passenger or guests’ hygiene or dress standard is deemed as inappropriate, offensive, or considerate to a reasonable Passenger, it would violate Airly’s Respectful use policy.
Shoes must be worn at all times on shared flights.
Passengers must respect the privacy of other Passengers and guests and are not to film or photograph other Passengers or guests, including sharing the film or photograph on social media, without express consent from said Passenger or guest.
Passenger must agree and adhere to any additional policies, rules and regulations set by the operator.
Passenger and guests hold no authority to instruct or influence the decision of the crew or Airly personnel.

10. LIMITATION OF LIABILITY

Airly does not own or operate any aircraft performing flights thus does not hold aviation carrier insurance. Airly holds a $25,000,000 AUD public liability policy to protect you between our Operator’s Fixed Base Operations (FBO) and the aircraft. Passenger understands and agrees Airly is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Passenger’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause.

Passenger agrees to accept the proceeds of the insurance held by the Operator as their sole recourse against Operator for any loss or damage (including, but not limited to, injury, death or property damage) to any Passenger or guest. This foregoing limitation shall not apply in the event of Operator’s proven gross negligence or wilful misconduct. In all cases and circumstances, Operator or Airly shall not by liable to Passenger for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind of nature including, but not limited to, loss of profits, use, value, revenue, business opportunities, and the like, under any circumstance or for any reason including, but not limited to, any delay or failure of non-performance of any obligations of Operator, even if any such party knew, or should have known, of the possibility of such damages.

11. IDENTIFICATION AND DOCUMENTATION

In accordance with Department of Infrastructure, Regional Development and Cities regulations, Passenger is required to comply with all regulations, and will be required to present valid photo identification prior to departure for all shared flights and empty legs. For international flights, Passenger must have a valid passport in his or her possession as well as any required visas or entry documentation. Operator has the right to refuse boarding to any person without the required documentation of as a result of non-compliance with any regulation covering the transportation of Passenger and guests without recourse or further obligation to Passenger by the Operator or Airly.

12. COVID-19 PROTECTION

In response to the COVID-19 global pandemic, Airly has implemented new procedures in relation to minimising risk to our members, ground staff and crew.

a) Charter or Empty Legs

All passengers travelling onboard a charter or empty leg flight will be required to:

i) Complete our 14 day travel declaration prior to the day of travel; and
ii) Answer any health-related questions by your flight crew; and
iii) Have your temperature taken by non-contact infrared thermometer; and
iv) Use hand sanitiser before and after your flight;

You may be refused travel if:

– You fail to provide the 14 day travel declaration prior to the day of travel; and/or
– You fail to answer any health-related questions by the flight crew; and/or
– Your temperature exceeds 37.5°C; and/or
– If your temperature remains above 37.5°C 10 minutes following the first temperature check.

b) Member-initiated flights

All passengers travelling onboard a member-initiated flight will be required to:

You may be refused travel if:

You are required to inform Airly should you, or your guests be made aware they have contracted COVID-19 within 14 days of having travelled on an Airly-facilitated service.

13. INSURANCE

It is the sole responsibility of the Operator to maintain carrier’s liability insurance coverage. Passenger understands and agrees that Airly is not liable for any claims arising out of, or in connection with, the services of the Operator.

Airly maintains public liability insurance coverage of $25,000,000 AUD.

14. DISPUTE RESOLUTION

Any dispute under, or arising out of, this Agreement that has not been settled 30 (thirty) days following the parties involved being informed of said dispute by writing shall be referred to conciliation. Each case will first be referred to a Conciliator appointed by Airly unless either party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within 6 (six) weeks from commencement, or if the parties want to proceed directly to arbitration, Airly will appoint an Arbitrator who will make a final and binding award.

15. USE OF PASSENGER INFORMATION

Airly collects and distributes Passenger information according to the Privacy Policy that is available to view at. Airly may use Passenger information to perform criminal and other background searches of Passenger in connection with evaluating whether to accept Passenger’s business.

15. ELECTRONIC SIGNATURE

By reserving a flight through Airly applications, Airly’s website and selecting the ‘I Agree’ button, Passenger accepts and agrees to the Terms and Conditions electronically. Passenger agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Terms and Conditions. Passenger agrees to pay Airly in full for any invoiced amount upon providing their electronic signature.

Airly Group Pty Ltd
C/- York Butter Ventures
Level 2
520 Bourke Street
Melbourne VIC 3000

members@flyairly.com

Terms & Conditions