Term of use

Terms and Conditions

 

1.Welcome to Amber Aviation Group

Amber Aviation Group includes the following entities websites and trading names - Amber Aviation Pty Ltd, Amber Aviation Academy Pty Ltd, Amber Aviation, Academy (YMMB Base), Flyamber,  Amber Aviation Academy, Amber Aviation, www.amberaviation.com.auwww.amberaviationacademy.com.auwww.flyamber.co.au. if you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and other service delivery terms and conditions govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

2.Website

The use of this and all our related group websites are subject to the following terms of use:

-  The content of the pages of our websites are subject to change without notice. 

-  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our websites for any particular   purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

-  Your use of any information or materials on our websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our websites meet your specific requirements.

-  Our website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 -  Unauthorised use of our websites may give rise to a claim for damages and/or be a criminal offence.

 -  From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 -  Flyamber.com.au is a Australian website.

3.Booking Agreement

Your booking agreement is with Amber Aviation Academy Pty Ltd (‘Flyamber’, ‘Amber Aviation’, ‘We’ or ‘Us’).  Your agreement incorporates all of the following terms and conditions.  You should read and understand this agreement.  By agreeing to participate in an experience, air charter or tour arranged by us, you are deemed to have accepted these terms and conditions in full. It is the voucher recipient's responsibility to book a date and time with Flyamber.

-  Bookings are only available by email or online from our websites.

-  Once you have booked in a date and time for your experience, postponement/cancellation of your booking is subject to the Service Delivery Terms and Conditions of your particular product. Please refer to our Service Delivery Terms and Conditions

-  Upon purchasing a voucher through our website, we will electronically deliver your voucher (in PDF format) to your email address within 5 minutes. Should the voucher not arrive within 15 minutes, please contact us. We do not post paper vouchers as our products are electronically delivered.

4.Refund

There are no refunds provided, unless the experience is cancelled or cannot be delivered by Flyamber or its service delivery partners. In this instance, please contact us for a full refund

5.Name Changes

Should you decide that your flight experience is not suited to you, you may transfer your experience into someone else’s name. Name changes will incur a $75 administration fee. Please contact us to do this.

6.Voucher Expiry

Experiences must be used (not just booked, but used) within the validity period as specified on the voucher. Failure to use the voucher within this time frame will forfeit the voucher. .

7.Weather

Most experiences are weather dependent (simulators excluded). You will have the experience provider's details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call the day before your experience if you have any doubt about the weather suitability. If bad weather affects a booking it will be rescheduled at no cost to you. You are required to reschedule as the voucher is non-refundable.

8.Insurance

Some of the experiences that we promote may be considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. Fly Amber can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.

9.Complaints

If you have a problem or a complaint on the day of your experience, please bring this to the experience provider's attention immediately so that issues may be addressed on the spot where possible. We would appreciate you notifying us also.

10.Limitation of Liability

Our products include the services of operators, such as hoteliers, airlines, coach companies and other operators who are not agents, servants or employees of Amber Aviation Group..  Although we take care in selecting the operators of services and optional tour excursions,  we cannot and do not take responsibility for the conduct of the operators, their servants and agents, or for any ramifications of that conduct.

-  We may, either refuse to allow any person on the experience, air charter and tour or expel any person from the experience , if in the opinion of any representative of Amber Aviation Group or any carrier that their mental or  physical condition is such as to render them:

-  Incapable of caring for themselves

-  Likely to become objectionable to other passengers

- A hazard to themselves or other passengers.

-  We will not be liable for any expenses arising from such persons being precluded from completing the experience for any such reason.

-  We accept no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control.

-  Any term, condition or warranty express or implied by Statute or otherwise, for the products and/or services is excluded to the full extent omitted by law.  However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Commonwealth) as amended, consolidated, supplemented or replaced.

-  To the full extent permitted by law, Amber Aviation Group’s liability arising under or in connection with this booking contract:

-  Is limited to the re-supply of the products and/or services or the payment of the cost of the re-supply of the products and/or services to you; and 

-  Excludes liability for any indirect or any consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary, or punitive damage to you or any other party.

-  Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies.  Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us, and the travel agent has no authority, express or implied, to receive monies on our behalf.  There is no liability on the our part in respect of any monies paid to your travel agent unless and until we notify you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by us. We reserve the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by us within the specified time.

11.Force Majeure

Force Majeure means the occurrence of any event that is beyond our reasonable control, which could not have reasonably been prevented by us, which includes but is not limited to:

-  War, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such act;

-  Natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels;

-  Nuclear or other industrial accidents causing environmental pollution or contamination; and/or

-  Change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdictional territory relevant to the booking contract, which include changes in statute, regulation, determination, by-law, declaration, licence and inclusive common law as applicable from time to time.

12.Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure

-  If Amber Aviation Group, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, the subject of the booking contract to you, we may immediately by written notice:

-  Terminate the booking contract (in whole or in part); and/or

-  Change your experience arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs of performing this service as mentioned above.

13.Limitation of Liability in the Event of Force Majeure

-  In the event that we cancel or change your experience arrangements in any way due to a Force Majeure event, we will not be liable to you in contract, tort, statute or restitution of any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):

-  The cancellation or change of travel arrangements; and/or

-  The Force Majeure event.

For the avoidance of doubt, we are not liable to refund any part of the deposit and/or purchase price paid by you if we subsequently change or cancel your travel arrangements in connection with a Force Majeure event.  World weather patterns, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond our control.  It is your responsibility to purchase adequate comprehensive travel insurance to protect yourself against these risks.

14.Itineraries and Accommodation

-  Amber Aviation Group arranges tours and experiences on the condition that it is not liable for any damage, injury or loss which may occur due to accident, delay, irregularity or defect of any vehicle, vessel or accommodation.

-  The tour itinerary is a guide only, and although we will make every reasonable effort to adhere to the program, we reserve the right to make any alterations as necessary. Alterations may come about due to tidal or weather conditions, strikes, public holidays, local festivals, renovations and/or upgrades or other reasons.  Any additional expense incurred by the passenger is not our responsibility. We can give no guarantee of the exact arrival and departure times for carriers and operators used by us on the tour, and will not be liable for failure to make connections with other services or attractions beyond its control.

-  The operation of each tour and experience  is subject to a minimum number of guests wishing to participate on that experience and or tour .

-  Luggage should not exceed the weight restriction as published per experience.

-  Amber Aviation Group’s hostesses/escorts are on tour for companionship, guidance and assistance to coach captains.  They are not responsible for any commentary or microphone work, as this is the role of the coach captain, who is a local in the area being visited.  If any tour is marked with an E in the brochure, the tour will be escorted subject to a minimum loading of 20 passengers.  If the tour takes places with fewer than 20 passengers, the coach captain will take on the role of driver/guide.

-  All accommodation is twin share unless stated otherwise.  Single rooms may be available for an additional fee; however, Amber Aviation Group gives no guarantee that sufficient (or any) single rooms will be available on any given tour.

15.Health and Fitness

-  Our tours visit remote areas and feature activities with varying degrees of difficulty.  Please ensure that you select a tour or experience with an activity level suited to your health and fitness.  It is your responsibility to carry any medication you require for the tour’s duration.  We recommend carrying medications in your hand luggage at all times.

-  On International tours, you should carry a letter from your doctor or a copy of your prescription to confirm to the local authorities that you are entitled to be in possession of your medication.

-  We do not, nor are we required to, provide carers or assistants for those with reduced mobility or other health needs.  It is your responsibility to arrange for such a carer if so required.  Any such carer will pay the full price of any tour.

-  In particular, hostesses, tour guides, coach captains, and your fellow passengers will not act as assistants or carers in these circumstances.

16.Smoking

Government regulations forbid smoking in tourist vehicles; however, frequent stops will be made for those wishing to smoke.  Smoking is not permitted in our Aircraft   If you specifically require smoking accommodation, we shall request that the hotel provide this, but cannot guarantee that it will do so.  Many hotels have a “no smoking” policy.  In addition, smoking is prohibited in various places that the tour may visit, including restaurants, licensed premises (other than in designated areas) and patrolled beaches.

17.Seat Allocation

To ensure the enjoyment of all passengers, and to enable you to get to know your fellow travellers, we operate a daily seat rotation system.

18.Service Enquiry

If a problem occurs during your tour, please advise your hostess or coach captain as soon as possible, so that steps can be taken to resolve the matter.  For any reason you remain dissatisfied, any complaint must be made in writing to us within thirty (30) days of the last day of the tour.

19.Travel Insurance

As well as the matters previously referred to in these Terms and Conditions, Amber Aviation Group is not liable for lost or damaged baggage and personal property.  We strongly recommend that you take out fully comprehensive travel insurance with a reputable insurer.  We can assist you with this if necessary.

20.Travel Documents

-  For International tours, it is your responsibility to ensure that you have a valid passport.  Please note that some countries require a passport have a minimum of six months’ validity before allowing entry to the country.

-  We shall advise you if visas are required for any particular destination.  However, it is your responsibility to ensure that, if necessary, any visa is granted prior to departure of the tour.