Terms and Conditions

Last updated: 2025-04-25

Guardian Air Asset Management (Pty) Ltd, hereinafter referred to as GAAM, holds International and Domestic Air Service License Numbers I/N283, I/G284, G1182D and N1181D.

UNFORESEEN COSTS: Should there be any en route changes or delays as a result of compliance with the requirements of international law or national legislation or subordinate legislation; you or your passengers' changed requirements; unserviceability of the aircraft and/or adverse weather conditions beyond GAAM's reasonable control; safety of the aircraft and/or the crew and/or you or your passengers; any additional costs arising from such changes and/or delays (excluding the costs of repairing the aircraft, but including the costs of arranging an alternative aircraft) shall become payable by you in addition to the quoted price. Route planning is based on quoted passenger and luggage numbers. Deviations may require adjustments. Aircraft performance uses historical wind data from the National Center for Atmospheric Research, with a 95% probability of winds being more unfavourable than actual conditions.

DELAYS AND CANCELLATIONS: GAAM shall not be liable for any damages that you and/or your passengers may suffer arising from cancelled or delayed flights whatsoever. A delay of 6 or more hours by your or your passengers will be deemed a flight cancellation, unless agreed in writing.

CANCELLATION AND REFUNDS: The following cancellation fees apply should a flight be cancelled after confirmation but prior to departure:
30 days prior to departure 20%, 29-20 days prior to departure 30%, 19-16 days prior to departure 40%, 15-2 days prior to departure 50%, 24 hours or less prior to departure 100% of the total amount quoted or all costs of flying and expenses already incurred, whichever is the greater.

PAYMENT: Subject to the Cancellation Refunds and Deposit policies, payment in full shall be made no later than 72 HOURS prior to departure by method of bank guaranteed cheque or direct bank deposit or electronic fund transfer. Interest on overdue accounts will be charged at the Prime Lending Rate applicable at the time. Cash and/or credit card payments will attract an additional 5% bank commission fee and proceed in South African Rands (ZAR) only. Should payments be made by cheque, the flight will only be confirmed upon clearance of the cheque.

SMOKING: Smoking is not permitted on-board GAAM flights.

BAGGAGE: Passenger baggage limited to 20kg per passenger in total of soft sided bags which may easily be loaded into the baggage hold.

UNUSED SPACE: GAAM shall not use passenger space on the aircraft which is not utilised by the Charterer. GAAM reserves the right to use sectors not utilised by the Charterer.

DANGEROUS GOODS: GAAM does not provide the service of conveying Dangerous Goods (DG) by air or accepts Dangerous Goods (DG) to be conveyed by air.

QUOTATION VALIDITY: This quote is valid for 7 days from the date of issue. Quotations issued in advance are indicative only and are subject to revision. Notwithstanding the aforesaid, GAAM reserves the right to revise any quotation accepted by the Charterer after the expiry date.

OVERFLIGHT AND LANDING PERMISSIONS: GAAM shall apply for and endeavour to procure the grant of all approvals, licences and permits required by the Republic of South Africa and of any foreign state over, to or from which the aircraft is to be flown for the duration of the flights, but the duration of the flights shall be conditional to the timely grant of and validity of such approvals, licences and permits. You warrant that you will comply with all conditions of such approvals, licences or permits to be observed or performed by it and will procure such compliance on the part of all passengers and owners or other persons having any interest in goods to be carried in the aircraft on the flights. Insurance restrictions may apply to certain countries and routes.

BROKERAGE: You acknowledge that the carriage covered by this quote may not be performed by GAAM itself and that in issuing this quote GAAM may be acting on behalf of an undisclosed or unnamed principal carrier. You hereby exercise any and all contractual rights of election which may arise on your part as a result of the aforesaid in favour of any such principal and hereby waive any and all contractual and delictual claims against GAAM arising from or as a result of such carriage performed other than by GAAM.

BANKING DETAILS: In order to avoid exchange rate losses and additional recovery invoices please ensure all payments are made into the relevant account corresponding with the currency in which you were quoted, unless otherwise agreed upon in writing.

DEPOSITS: Unless prior arrangements have been made, a deposit equal to 20% of the quoted price for Off-Peak Season Flights (Beginning AND ending between 16 January and 14 December - both dates included) and 50% of the quoted price for Peak Season Flights (Beginning OR ending between 15 December and 15 January - both dates included) is payable upon confirmation in order to secure the aircraft booking. The price remains subject to fuel price and foreign currency fluctuations. GAAM shall revise the quotation 30 days prior to the flight start date and any price increases will become payable 72 hours prior to departure. In order to secure a booking and guarantee any quoted price (both Peak and Off-Peak) for a maximum period of 12 months from the quotation date, the total quoted amount is payable upon confirmation. For quotations issued more than 12 months in advance GAAM reserves the right to revise the quotation 30 days prior to the flight start date and any price differential will become payable 72 hours prior to departure.

ENTRY REQUIREMENTS: You acknowledge that all applicable health, exit, entry, visa, customs and other legal and statutory formalities to be complied with by aircraft passengers are not the responsibility of GAAM. You hereby indemnify GAAM from any claims or damage which GAAM may suer arising from non-compliance with this clause other than claims caused by GAAM's own negligent or wilful misconduct.

CLAIMS: In the case of a domestic or international carriage, claims by you or your passengers arising from injury or death shall be brought within 2 years of the end of the flight. In the event of lost or damaged baggage, claims against GAAM shall be brought in writing within 7 days of the end of the flight, failing which the claim shall lapse.

REGULATORY AND SAFETY COMPLIANCE: The aircraft shall be used only in compliance with the laws and with the lawful directions of the relevant public authorities of the Republic of South Africa and of any other state over, to or from which the aircraft is flown. The Charterer shall comply with and procure that all passengers and owners or other persons having any interest in goods carried in the aircraft shall comply with all relevant customs, immigration, police, public health and other lawful regulations. GAAM represents and warrants that all manufacturer mandatory modifications relating to the aircraft are complete, that the aircraft complies with the airworthiness requirements of the country of registry, is airworthy and will be so maintained during the currency of the agreement between GAAM and the Charterer. GAAM warrants that the aircraft is fit for the purpose for which it is being chartered and undertakes to comply with all international and national safety rules and regulations that may apply to the operation of its equipment. GAAM shall ensure that the aircraft meets all technical, maintenance and equipment standards to conduct required operations in a safe manner. GAAM warrants the aircraft crew are qualified, competent and fully licensed in conformity with applicable national and international air navigation laws and regulations and are suitably experienced for the required operations. Pilot's decisions concerning safety will be final and is supported by management of GAAM.

SIGNATURE AND ACCEPTANCE: Signature of this document shall (in the absence of any prior agreement to the contrary, signed by you and/or your passengers - whether personally or through the agency of yourself - and GAAM) constitute a contract of carriage between yourself and GAAM and you acknowledge on behalf of your passengers (you hereby warranting your authority to give such acknowledgement on their behalf) that no contract of carriage will exist between your individual passenger and GAAM, notwithstanding the issue to them by GAAM of a passenger ticket or not.

NO VARIATION: Should any terms of this document be at variance with any charter; aircraft operations management; air transport; operations services; or charter agency agreement already concluded and signed between yourself and / or your passengers and GAAM, the latter shall prevail over these terms.

GOVERNING LAW: The agreement between GAAM and yourself shall be governed and construed in terms of the laws of the Republic of South Africa, and both you and GAAM submit to the exclusive jurisdiction of the South African courts. By accepting this quotation/- pro-forma invoice you hereby confirm having read, acknowledged, understood and accepted our standard terms and conditions attached hereto. Where terms and conditions have been separately negotiated, agreed upon and signed with us, such terms shall override the relevant part in our standard terms and conditions.