Terms & Conditions
“Additional Costs” means costs which are not included in the Flight Package price as stipulated in clause 5;
“Agent“, “JC3”, “we” or “us” means JC3 Charter Services (Pty) Ltd, with registration number 2020/597921/07, a company duly incorporated in accordance with the laws of South Africa, acting as an agent to facilitate flight bookings;
“Aircraft” means any aircraft for the time being operated in connection with any Flight;
“Booking” is the booking made on the website by the Client;
“Booking Confirmation” is an email sent to the Client confirming the Booking;
“Booking Date” is the date on which the Flight will take place;
“Cancellation Fee” a fee charged by the Agent where the Client has cancelled their Booking as specified in clause 6.4.1 to 6.4.3;
“Client” “you” or “your” means any passenger carried or to be carried in an Aircraft, including any duly authorised representative who purchases a Flight Package on behalf of a passenger;
“Departure Time” means the departure time for the Flight as set out in the Booking Confirmation;
“Flight” the flight which will take place in accordance with the Flight Package selected by the Client;
“Flight Package” refers to the package selected by the Client on the website when making the Booking;
Force Majeure” means Acts of God, industrial action such as strikes and lockouts whether of a political nature or not, war, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott, pandemic or the outbreak of any other life and/or health threatening diseases, national and / or regional border closures and international, national and / or regional or transport bans or restrictions whether taken and / or implemented by the South African government;
“Operator” means Cape Air Safaris (Pty) Ltd with registration number 2011/113225/07, a company duly incorporated in accordance with the laws of South Africa and a registered charter company, also referred to as “Carrier”;
“Ticket” the document entitled “Passenger Ticket and Baggage Check” which will be signed by each passenger prior to boarding the Aircraft;
“T&Cs” the terms and conditions as contained in this agreement;
- BINDING AGREEMENT
- You acknowledge and understand that by making this Booking, it signifies your acceptance of these T&Cs and you expressly confirm that you have read, understood and agree to the T&Cs.
- In the event that you are purchasing a Flight Package on behalf of another party, you hereby warrant that you have the required authority to act on their behalf and to bind them to these T&Cs.
- You acknowledge and understand that all other passengers will be required to digitally sign these T&Cs prior to departure.
- In these T&Cs, you are required to waive certain rights, assume certain responsibilities and agree to a limitation of our liability. By voluntarily agreeing to these T&Cs, you acknowledge, understand and accept that these terms may:
- favour us; and / or
- require you to waive rights; and / or
- require you to assume obligations; and / or
- limit our liability.
- When making your Booking, you will be required to pay the full amount in respect of the Flight Package you have selected, including any Additional Costs.
- Your Booking is confirmed once you receive a Booking Confirmation. The Booking Confirmation will only be sent when you have paid the full amount due in respect of the Flight Package you have selected.
- We assume no liability or responsibility in the event you lose or fail to receive a Booking Confirmation it is your responsibility to contact us to obtain a Booking Confirmation.
- A Flight Package needs to be booked and confirmed at least 48 hours before the Booking Date to allow sufficient time for landing approval and ancillary logistical arrangements pertaining to the Flight.
- You must arrive at least 45 (forty-five) minutes before the Departure Time.
- FLIGHT PACKAGE COSTS AND ADDITIONAL COSTS
- The Flight Package costs are reflected on the website and excludes any Additional Costs.
- You will be required to pay the full amount for the Flight Package as well as any Additional Costs when making the purchase on the website.
- The Additional Costs, includes, but is not limited to the following items:
- photographs taken by a professional photographer;
- videos taken by a professional videographer;
- premium snacks as will be listed on the website.
- When purchasing a Flight Package, you will be given the option to select any Additional Costs you would like to add to your Flight.
- FLIGHT INFORMATION
- Detailed Flight information will be provided in the Booking Confirmation.
- Upon arrival at the airport and before departure, you will be required to complete a Ticket issued by the Operator. This Ticket also constitutes a binding agreement between you and the Operator.
- You acknowledge that Flight times may vary due to variables, including but not limited to weather conditions and / or Aircraft capabilities, which are not within the Operator’s control.
- In the event you request to return to the airport prior to the completion of your Flight, you will not be entitled to a refund of your payment or any part thereof.
- BOOKING CHANGE AND CANCELLATIONS
- Should you, for any reason, wish to change your Booking Date after receiving your Booking Confirmation, you may reschedule free of charge provided you do so 7 (seven) days prior to your Booking Date.
- Should you, for any reason, wish to change the Flight Package initially selected, you may do so 7 (seven) days prior to the Booking Date and any outstanding amounts must be paid to us immediately upon making the change.
- In the event that you reschedule your Flight less than 7 (seven) days before the Booking Date, you will be required to pay an administration fee of R1000.00 (one thousand rand).
- You may cancel your Flight, before departure, subject to the following Cancellation Fees:
- 24 (twenty-four) hours before Departure Time – 70% (seventy percent) of the amount paid;
- 48 (forty-eight) hours before Departure Time – 50% (fifty percent) of the amount paid; and
- 72 (seventy-two) hours before Departure Time – 20% (twenty percent) of the amount paid.
- Should you wish to change your Booking Date and / or Flight Package or cancel your Booking, you must do so in writing per email by emailing email@example.com. Only a cancellation or change confirmed by us in writing per email should be considered as final and binding.
- WEATHER CONDITIONS AND OPERATIONAL CAPACITY
- Flights are weather dependant and dependant on operational capacity and Aircraft functioning.
- In the event of poor weather conditions along the route specified in your Flight Package, we shall, in our discretion, permit you to:
- select a different Booking Date for the Flight; or
- keep the Booking Date but select a different Flight Package, provided that the subsequent Flight Package selected is of the same value as the initial Flight Package.
- Notwithstanding clause 2.1 and 7.2.2 above, should you opt to cancel the Booking, you will be liable for an administration fee of R1000.00 (one thousand rand) which will be deducted from the amount already paid for the Flight Package.
- In the event of a lack of operational capacity and Aircraft functioning, we reserve the right to cancel your Booking and give you the option to:
- select a different Booking Date for the Flight; or
- receive a refund of the full amount paid in respect of your selected Flight Package.
- WEIGHT LIMITS
- Please be advised that the Aircraft has a collective passenger weight limitation of 520 (five hundred and twenty) kilograms
- The Aircraft allows a total of 5 (five) passengers on board provided that the passengers collectively do not exceed the collective passenger weight limitation.
- In light of the above, we may request that you to supply us with each individual passenger’s accurate weight which will be utilised to determine the weight and balance for the Aircraft and whether the collective passenger weight limitation has been exceeded.
- We reserve our rights to request each individual passenger to be weighed before boarding the Aircraft. This information is necessary to complete an accurate weight and balance document and will be kept confidential.
- The space and weight capacity of the Aircraft is limited and we accordingly reserve the right to limit the baggage you may take on the Aircraft.
- Each passenger is permitted to take 1 (one) piece of baggage onto the Aircraft, weighing no more than 3 kilograms. You may engage us prior to the departure of your Flight to make prior arrangements, to carry on an item of baggage that weighs more than 3 kilograms. We have full discretion to deny permission. If on arrival for the Flight, we determine that the total weight will not permit an item of greater weight, permission may be withdrawn without liability to us.
- You may not carry onto the Aircraft –
- any dangerous goods as listed on the Ticket provided to you prior to boarding the Aircraft;
- any firearms.
If for any reason beyond our control the Aircraft is diverted from any destination recorded in the Flight Package to another destination (“Alternative Destination”), the flight shall be deemed to be complete when the Aircraft lands at the Alternative Destination.
- In the event that it is unable to perform any part of the Flight the Operator shall be entitled to substitute the Aircraft with an equivalent Aircraft.
- To the extent that such substitution involves additional costs, you will be notified of such additional costs, and you shall be entitled to either accept the additional cost or decline the offer of an alternative Aircraft.
- You are entitled to decline the offer of an alternative Aircraft in which event we will allow you to –
- select a different Booking Date; or
- cancel the Booking, but you will be liable for an administration fee of R1000.00 (one thousand rand) which will be deducted from the amount already paid for the Flight Package.
- In accordance with Civil Aviation Regulations: each Passenger on board an Aircraft must obey any command issued by a pilot in the performance of his or her duties.
- We shall not be liable for any injury and / or loss sustained as a result of a passenger’s failure to obey a command from the pilot.
- You shall be liable for any damages to the Aircraft or the interior thereof, where such damages are caused as a result of your negligence and / or misbehaviour on the Aircraft.
- We shall not have any liability to you or any other third party, for the death of or injury to any passenger occurring in connection with the Flight.
- We shall not be liable for any failure to perform, or delay in performing the Flight if such failure or delay is caused by or arising from Force Majeure or any other cause beyond our reasonable control.
- You agree to indemnify us, including our directors, members, partners, employees and agents (“the Indemnified Parties”), against any loss, damage, liabilities, costs or expenses of any nature whatsoever, including any claims relating to the death or injury of a passenger during the Flight, suffered by you as a result of any act and / or omission by any of our officers, employees, agents or subcontractors.
- You irrevocably warrant and confirm that you abandon any claim/s you may against the Indemnified Parties pursuant to any losses you may suffer before and / or during and / or after the Flight, for whatever reason.
- You hereby acknowledge and recognise that the Indemnified Parties are not in any way responsible for the acts, omissions or defaults, whether negligent or otherwise, of any third party and you hereby waive any claim against us as a result of said acts, omissions and / or defaults.
- You irrevocably warrant and confirm that the Indemnified Parties shall be indemnified against any claim/s that may be brought by third parties and you agree to defend this claim on our behalf and to be responsible for any damages that may be awarded against us.
- PASSENGERS WITH DISABILITIES, INFANTS, CHILDREN AND PREGNANT PASSENGERS
- Passengers with disabilities
- After you have received the Booking Confirmation you are required to notify us if a passenger has a disability.
- If a passenger with a disability is not able to assist himself / herself in the case of an emergency, then that person will require an able-bodied assistant to accompany him / her on the Flight.
- A person living with a mental health issue may not be carried in the Aircraft unless:
- accompanied by an able-bodied assistant; and
- a medical certificate has been issued by a medical practitioner certifying such person’s suitability for carriage by air and confirming that there is no risk of, inter alia, violence from such person.
- A passenger with a splinted or artificial limb may travel unaccompanied provided he / she is able to assist himself or herself. A splinted or artificial limb may not obstruct an aisle or any emergency exit or equipment.
- If a passenger with a splinted or artificial limb cannot assist himself or herself, the passenger must be accompanied by an able-bodied assistant.
- Infants and Children
- According to South African Civil Aviation Authority regulations, children over the age 2 (two) must occupy their own seat in any aircraft type.
- Children under the age of 2 (“Infants”) must fly on an adult’s (18 years or older) lap, with the seatbelt around the adult. No passenger may be responsible for the safety of more than one Infant on board. The passenger who takes responsibility for an Infant, must keep the Infant on his/her lap for the entire duration of the Flight.
- You are advised to submit a child/Infant passenger’s identification document once the Booking is made so that we can confirm his/her age. Identification may also be requested at arrival but before the Flight. If you do not supply the identification and we cannot determine, with certainty, the child/Infant’s age, we may refuse to allow such child/Infant and his/her guardian to board the Aircraft. In this event you will not be refunded.
- Children under the age of 18 (eighteen) must be accompanied by an adult who has the legal authority to sign the Ticket on behalf of the child passenger.
- Pregnant Passengers
- A pregnant passenger is permitted to fly up to 36 (thirty-six) weeks for a routine pregnancy.
- If the pregnant passenger has experienced complications with the pregnancy, a medical certificate from a registered medical practitioner, stating that the pregnant passenger is fit to fly, must be supplied before the Flight departs.
- All pregnant women beyond 28 (twenty-eight) weeks’ gestation must provide a letter from their obstetrician, general practitioner or midwife stating the following:
- term of pregnancy;
- fitness to travel;
- whether it is a single, multiple or high-risk pregnancy; and
- any possible complications, including hypertension, history of premature labour, etc.
- Infants are allowed to travel from 7 (seven) days of age.
- PASSENGER CONDUCT
- Any passenger who misbehaves, is disruptive or threatens the safety of the Aircraft or any person therein; or causes or permits the Aircraft to endanger the safety of any person or property, will be removed from the Flight.
- You may not act inappropriately towards the crew, including unwelcome physical, verbal or non-verbal conduct. If you behave inappropriately, the Aircraft will return to the airport immediately.
- No smoking is permitted during a Flight.
- You take note of and accept that if a diversion is necessary because of your misconduct, you will be held liable for all costs incurred by us as a result of the diversion.
- If any flight is cancelled, diverted, shortened or otherwise altered because of your inappropriate behaviour under this clause 16, you will not receive a refund.
- USE OF PHOTOGRAPHS
- By agreeing to these T&Cs you consent to JC3 and its employees taking photographs and / or videos of you before and / or during and / or after the Flight, which may be used on our website and / or social media platforms for marketing purposes.
- You hereby grant us permission to edit, crop, or retouch such photographs, and waive any right to inspect the final photographs.
- In the event that you do not want photographs of yourself to be used for marketing purposes on our website and / or social media platforms, you are entitled to withdraw the consent provided in clause 1 by sending an email to firstname.lastname@example.org.