Charter Terms and Conditions
1. Preamble
1.1. Please read these Charter Terms and Conditions carefully before booking a charter.
1.2. By making a booking, you acknowledge that you have read, understood, and agreed to these terms.
1.3. These terms apply to all bookings made through Chartercraft and the chartercraft.co.za website.
1.4. If you have any questions or concerns, please contact us for clarification.
2. Definitions
2.1. In this Agreement, unless the context indicates otherwise:
2.1.1. “Agreement” means this Charter Terms and Conditions Agreement and all annexures thereto between the Charterer and Chartercraft.
2.1.2. “Chartercraft” means Chartercraft (Pty) Ltd., a private company in terms of the laws of the Republic of South Africa, and its authorised representatives.
2.1.3. “Charter Operator” means the company or owner of the charter vessel, vehicle or aircraft and its authorised representatives.
2.1.4. “Charter” means the hiring of an aircraft, seacraft or motor vehicle.
2.1.5. “Charterer” means the person or entity which has paid the deposit or the full payment for a charter.
2.1.6. “Guest” or “guests” means the person or people accompanying the Charterer on the charter.
2.1.7. “Vessel” means any seacraft, “Vehicle” means any land-based vehicle and “Aircraft” means any flying vehicle used by the Charter Operator to provide a Charter.
2.1.8. “Captain” means the person assigned by the Charter Operator to be in command or in charge of the Vessel, Vehicle or Aircraft.
2.1.9. “Services” means the services performed by Chartercraft and the Charter Operator.
3. Authority
3.1. Chartercraft is a booking agency acting on behalf of various Charter Operators and does not have the authority to override decisions made by the Charter Operator or the Captain of the charter vessel, vehicle or aircraft.
3.2. The Charter Operator or the Captain of the charter vessel, vehicle or aircraft have the right to amend, postpone, cancel or decline a booking.
3.3. All guests aboard a chartered vessel, vehicle or aircraft are under the authority of the Captain of the vessel, vehicle or aircraft and are required to comply with any directives issued by the Captain.
4. Booking Procedure
4.1. When submitting a booking via our website, you will be required to select your intended charter date and times of pick-up and drop-off and whether you require any other concierge services such as catering, beverages or entertainment.
4.2. The website booking system will provide you with an indication of price based on the hourly rate of the craft and the number of hours of your intended charter. This price does not include optional concierge services such as catering, beverages, entertainment, or any other charter options.
4.3. Concierge services and charter options are quoted separately and do not form part of the initial price indicated on the website at the time of booking submission.
4.4. Upon receipt of your booking request, we will send you comprehensive craft information, charter details, additional options, optional catering and beverage menus and an entertainment price list.
4.5. Once you have confirmed your selected charter options, we will send you a quotation valid for seven days along with our Charter Terms and Conditions and the terms and conditions of the Charter Operator, where applicable.
4.6. Upon your acceptance of the quote, we will send you an invoice and payment options to confirm or secure your booking.
5. Booking Deposit
5.1. A non-refundable 50% deposit is required to confirm the booking if the booking is made more than six weeks prior to the charter start date.
5.2. The deposit will be held to cover any loss, damage, or additional expenses or penalties incurred prior to the commencement of the charter.
5.3. All bookings must be paid for in full at least 30 days prior to the charter date of departure.
6. Booking Payment
6.1. Payments can be made via bank deposit, electronic funds transfer (EFT), or a secure online payment link.
6.2. The Charterer is responsible for any bank charges or transaction fees incurred during the payment process.
6.3. Once we have received your deposit or full payment, we will send you a charter confirmation email containing your charter booking details and confirmation of receipt of your payment.
7. Booking Validity
7.1. A booking is considered confirmed only when a 50% deposit has been paid.
7.2. Confirmed bookings do not secure a charter date and time.
7.3. A booking is considered secured only when payment has been made in full.
7.4. A secured booking reserves and secures a charter date and time.
7.5. Chartercraft reserves the right to decline bookings should full payment not be received at least 30 days prior to the charter date of departure.
7.6. By making payment for the booking, you acknowledge that you have read, understand, and are bound by the terms and conditions of our Charter Terms and Conditions and the terms and conditions of the Charter Operator, where applicable.
8. Cancellation and Refunds
8.1. To cancel a booking, you must notify Chartercraft in writing via email sent to bookings@chartercraft.co.za and receive written confirmation of your cancellation from a Chartercraft representative.
8.2. All charters booked through Chartercraft and cancelled for any reason whatsoever will be subject to a 10% administration fee.
8.3. The Charterer is responsible for any bank charges or transaction fees incurred during the refund process.
8.4. Cancellations made by the Charterer:
8.4.1. more than 30 days prior to the charter start date will result in a full refund, less the administration fee and any bank charges incurred.
8.4.2. between 15 and 30 days prior to the charter start date will result in a cancellation fee of 50% of the total charter price, at the discretion of and subject to the terms and conditions of the Charter Operator, less the administration fee and any bank charges incurred.
8.4.3. between 7 and 14 days prior to the charter start date will result in a cancellation fee of 100% of the total charter price, at the discretion of and subject to the terms and conditions of the Charter Operator, less the administration fee and any bank charges incurred.
8.4.4. less than 7 days prior to the charter start date will result in a cancellation fee of 100% of the total charter price.
8.5. Chartercraft and the Charter Operator reserve the right to cancel or modify a booking due to unforeseen circumstances, such as force majeure, adverse weather conditions or vessel, vehicle or aircraft malfunctions. In such cases, the Charterer will be offered an alternative charter date or a refund less the administration fee and any bank charges incurred.
8.6. Refunds of booking payments are at the discretion of Chartercraft management and the Charter Operator.
8.7. Refunds will be processed via the same channel payment was made.
9. Boarding and Disembarkation
9.1. The Charterer and their Guests should arrive at the designated boarding location at least 30 minutes before the specified boarding time.
9.2. The Charterer and their Guests are responsible for their personal belongings for the duration of the Charter.
9.3. Neither Chartercraft nor the Charter Operator shall not be liable for any loss, damage, or theft of the Charterer or their Guests’ personal belongings.
9.4. The Charterer and their Guests shall follow all instructions provided by the Captain and crew during the boarding process. Any failure to comply with these instructions may result in denied boarding or removal from the Vessel, Vehicle or Aircraft without any entitlement to a refund or compensation.
10. Conduct
10.1. The Charterer takes full responsibility for the conduct of their Guests aboard a chartered vessel, vehicle or aircraft.
10.2. The Charterer agrees to be liable for any damages or losses sustained by the Charter Operator that are caused by the Charter or their Guests. Chartercraft shall bill the Charterer for such damages or losses in arrears.
10.3. The Charter Operator or the Captain of the Vessel, Vehicle or Aircraft may elect to terminate the Charter or expel the Charterer or one or more of the Guests if such people are deemed by the Captain to have jeopardised the safety of the vessel, vehicle or aircraft, its crew or its passengers.
11. Responsibilities
11.1. The Charterer must provide accurate and complete Guest information during the booking process, including the number of Guests and any special requirements.
11.2. The Charterer is responsible for ensuring that all the Guests in their party adhere to safety guidelines, local laws and regulations and the instructions of the Captain and crew.
11.3. The Charterer is responsible for the responsible behaviour and conduct of themselves and their Guests throughout the charter.
12. Liability
12.1. Chartercraft shall not be held liable for any injury, loss, or damage to any person or property arising from the use of a chartered Vessel, Vehicle or Aircraft.
12.2. The Charterer and Guests acknowledge that boating, flying and driving involve inherent risks, and they assume full responsibility for their safety and the safety of their Guests during the charter.
12.3. Chartercraft recommends that the Charterer obtain suitable travel insurance to cover any potential losses or damages.
12.4. The Charterer or Guests arriving late for a charter will forfeit the time lost due to a late departure.
12.5. The Charterer or Guests not arriving for a charter will forfeit the charter and have no recourse to reschedule or refund.
12.6. Should Chartercraft or the Charter Operator decide to cancel or modify a booking due to unforeseen circumstances such as force majeure, adverse weather conditions, or vessel, vehicle or aircraft malfunctions, the Charterer will be offered an alternative charter date or a refund less the administration fee.
13. Indemnification
13.1 The Charterer and their Guests shall indemnify and hold the Chartercraft and the Charter Operator harmless from any claims, losses, damages, liabilities, costs, or expenses arising out of or in connection with their failure to comply with these Charter Terms and Conditions, or any applicable laws or regulations.
14. Severability
14.1. If any provision of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement, which will remain in full force and effect.
15. Waiver
15.1. Any failure to exercise or any delay in exercising a right or remedy provided by the Agreement or at law or in equity (and/or the continued performance of the Agreement) will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of the Agreement will not constitute a waiver of any other breach and will not affect the other terms of the Agreement.
15.2. The rights and remedies provided by the Agreement are cumulative and (except as otherwise provided in the Agreement) are not exclusive of any rights or remedies provided at law or in equity.
16. Assignment
16.1. The Charterer may not assign or transfer any of their rights or delegate any of their obligations under this Agreement, whether by operation of law or otherwise, either on a permanent or temporary basis to a third party without the prior written consent of Chartercraft.
17. Third Party Rights
17.1. Except as expressly provided elsewhere in the Agreement, a person who is not a party to this agreement shall not have any rights to enforce any term of this Agreement.
18. Changes to the Agreement
18.1. Chartercraft reserves the right to modify these Charter Terms and Conditions at any time. The updated terms will be effective from the date of publication on the Chartercraft website.
18.2. It is the responsibility of the Charterer to review the latest Charter Terms and Conditions before making a booking.
19. Entire Agreement
19.1. The Agreement sets out the entire agreement and understanding between the parties in respect of the matters dealt with in them. It supersedes any previous agreement or understanding between you and us in respect of their subject matter.
20. Governing Law and Jurisdiction
20.1. The interpretation, construction, effect and enforceability of the Agreement shall be governed by the Laws of the Republic of South Africa, and all parties to the Agreement agree to submit to the exclusive jurisdiction of the courts of Cape Town for the determination of disputes.
By making a booking with Chartercraft, you agree to comply with and be bound by these Charter Terms and Conditions.