Legal Speak

 

Definitions:

• “The Company” means THE PLATINUM EXPERIENCES, its servants, agents, successors and assigns.

• “The Passenger” means jointly and severally the person or company or group of persons or companies contracting with The Company and extends to his her its or their heirs, successors and assigns. 

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Booking & Cancellation Policies

• Bookings are essential.

• Flights and costs are subject to availability and confirmed passenger and baggage weights.

• Flights are subject to weather conditions on the day of travel. If the weather is such that an experience cannot occur, The Passenger will be given options.  See 'Cancellation by The Company'.

• Flight and tour durations are estimates and may be affected by weather, air traffic control and other conditions on the day.

• Passenger carrying charter flights are conducted under day VFR rules and are limited to daylight operations only.

 

Payment: 

• Payment in full is required at time of confirmation of booking and may be made by direct deposit, Bank Cheque, Visa, MasterCard or American Express (Note: American Express card payments are subject to a 3.03% admin charge.  Other credit / debit card payments are subject to a 1.5% administration charge.) Because of the specifically small size of the group, discounts are not generally available for children. 

 

Cancellation by the Passenger: 

• All cancellations must be in writing and addressed to The Company. 

• Cancellation fees are payable as follows:

  • Cancellations more than 7 days prior to a booked experience: Full refund of 100% or voucher to the same value amount

  • Cancellations less than 7 days but more than 48 hours prior to booked experience: No refunds are given, but a credit voucher for the full value of your booking, to use for another booking, will be issued. Credit Vouchers are valid for 12 months from the date of issue. Credit Vouchers are not refundable nor transferrable to another party

  • Cancellation less than 48 hours prior to booked experience: No refunds or credit vouchers given. Any booked passengers that fail to arrive at the nominated date and time will not be eligible for a refund.                              

 

Cancellation by The Company: 

• The Company reserves the right to cancel or withdraw reservations made by The Passenger in which event, save for the refund of monies paid by The Passenger, The Company shall not be liable for any loss or damage in respect of such cancellation or withdrawal.

• If the weather is such that a Heli Lunch experience is likely to be cancelled, The Passenger will be given the option of continuing the Heli Lunch experience, substituting the Helicopter for the Limousine.  In such cases, The Passenger will receive a credit for a future Heli Lunch experience for the Helicopter portion less the cost of the limousine.

• If the experience is cancelled by The Company (for example due to unsafe weather) The Passenger shall receive a credit for a future Heli Lunch experience.

• Helicopter departure time may change due to weather conditions. The Company makes every effort to contact The Passenger in advance to advise of any changes.

 

Legal Liability: 

• The Company shall be exempt from all responsibility or liability in respect of any detention, delays, loss, damage, expense, accident, sickness or injury howsoever and by whomsoever caused and whatever kind occurring of or to The Passenger at any time, howsoever occasioned, sustained or suffered in or during any package journey, trip or tour or in carrying out of any arrangements booked by or through it. 

• The Company shall not be responsible for any mis-description or misleading information notwithstanding from whence it came. 

 

Alterations to Travel Arrangements: 

• Whilst every effort will be made to provide the journey, trip or tour offered, The Company nevertheless must retain the right to change, modify, alter or cancel any arrangement if they can not be provided for any reason. 

• The Company accepts no liability or responsibility where delays, cancellations, price increases or other alterations have been caused by circumstances beyond its control, including but not limited to delays, interruptions or changes due to weather conditions, technical problems with transport, industrial action, natural disasters, riots, terrorist activities, airport closures or other breakdowns in arrangements. 

• The Company shall not in any circumstances be held liable for and will not accept responsibility or liability for acts, omissions, defaults or failures on the part of transportation companies, hotel contractors, wineries, restaurants and the like, who may provide you with services and facilities at the request of The Company. 

• The Company in such circumstances acts only as your agent to introduce you to the companies, persons, accommodation contractors and the like who provide such services and facilities. 

 

Variation of Price: 

• All prices quoted, including fares and tour costs are those current at the date of publication, but are subject to alteration without notice at the absolute discretion of The Company. 

• It is recommended that you check regularly to ensure that the latest amendments, if any, are brought to your attention. 

 

Alteration of Conditions: 

• Any variation of this agreement shall be in writing and signed on behalf of The Company by a duly authorised officer. 

• The Company will not be bound by a representation made or purported to have been made on its behalf unless The Company confirms such representation in writing 

 

Illegal Acts: 

• The Company reserves the right to expel The Passenger from the tour without payments of compensation should The Passenger commit any illegal or dangerous act, either prior to or during the tour, or if the Passenger appears likely to endanger the health or safety or to impair the comfort of other passengers or crew. 

 

Luggage: 

• The Company shall not be responsible or liable for any loss, damage or inconvenience caused in the handling of the Passenger's equipment, property or luggage, including as a result of negligence. 

 

Limitation of Liability: 

• The Company hereby limits its liability to The Passenger to the maximum extent permissible by law including without limiting the generality of the foregoing the exclusion of any liability whatsoever for consequential loss or damage. 

• The Passenger agrees to indemnify The Company against all liability for losses, damages, expenses, or costs arising directly or indirectly from, and all actions, proceedings, claims and demands whatsoever which may be brought or made against it, resulting from a breach of my obligations under this agreement or any negligent act or omission by The Passenger.  

 

Baggage Allowance: 

• Baggage Allowance is 8kg per person and must be strictly adhered to for safety reasons. 

• This limit applies only if prior arrangements have not been made. 

 

Aircraft: 

• The Company reserves the right to substitute aircraft without notice. 

 

Disabilities or Special Requirement: 

• Any physical, mental or emotional disability, or special needs that may require special handling, must be notified by The Passenger in writing when the reservation is made. 

 

The Passenger Acceptance: 

• The Passenger agrees to all of the conditions stated herein at the time of confirmation of a booking.

• These conditions shall be governed and construed by the laws of the State of South Australia and any proceedings in respect of any claim matter or thing against the operator shall be instituted in the state.

 

Acceptance of Terms: 

• The Passenger acknowledges having read all the above terms and conditions and agrees to be bound thereby. 

• The signing of this document, or the booking of Heli Lunch, acknowledges acceptance of these terms.

• Acceptance of these arrangements is a condition of booking.

• It is essential that you ensure that The Company is informed of a contact telephone number or address where you can be reached immediately prior to departure.

 

Minimum Passenger Numbers:

• The minimum number of passengers required for each HELI LUNCH experience shall be 1