Terms & Conditions
These Terms & Conditions govern the purchase from Professional Helicopter Services Pty Ltd ABN 15 005 971 531 001 (or its subsidiaries or related entities) (PHS) of the named products and the use of the Professional Helicopter Services website (“the Website”) and are governed by the laws of Victoria. By placing a booking with PHS, the Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions.
CURRENT PRODUCT INFORMATION
Helicopter Tours/Charter Tours
Flights quoted are charters subject to aircraft availability, weather conditions and air traffic control.
All flights are covered by airline passenger seat insurance.
We require a minimum number of 2 passengers per advertised flight for flights under 55 minutes and 4 passengers per flight for flights of longer duration, however, if you have only 1 or 2 passengers, we will attempt to match you up with another group. PHS may vary this condition at their discretion. A flight is not confirmed until minimum passenger numbers are met.
Charter Flights are not restricted to minimum passengers.
Prices are subject to change without notice.
Flight routes are constant, flight times are approximate only and may vary according to helicopter type, number of passengers and/or weather conditions.
Passengers and baggage weights to be supplied upon booking, a weight variance of more than 10% may incur full cancellation on the spot with no refund.
Pilot commentary on all flights.
Flights operate daily on demand excluding Good Friday. Christmas day only on approved request.
In accordance with Civil Aviation Safety Authority CAAP 235-1 (paragraph 11) all passengers are required to provide full name, accurate weight, and baggage details prior to flight.
For Sunrise and Sunset flights, a minimum of either the Extended Uluru & Kata Tjuta or Premium Uluru & Kata Tjuta tour applies.
- Age: 0 – 2 (Infant) -: Fly’s free, must be accompanied by an adult carer and the aircraft must have minimum paid passenger numbers. Maximum of 2 infants allowed to maximum passenger numbers.
- Age: 3 -12 (Child) -: Children’s pricing, must be accompanied by an adult carer and the aircraft must have minimum paid passenger numbers.
- Age: 13 or above: (Adult) -: Adult pricing and the aircraft must have minimum paid passenger numbers.
PHS Gift Certificates do not provide a guaranteed time and date for delivery.
If the Gift Certificate is defaced, mutilated, altered, lost, or stolen it will not be replaced, refunded or redeemed.
The Gift Certificate can be used for the purchase of the agreed services only and is not redeemable for cash nor can you obtain any cash advance using the Gift Certificate.
The Gift Certificate must be used within 36 months from the issue date shown on the certificate, failing which it will be deemed void and not able to be used. Any unused balance upon expiry cannot be refunded or credited. The Gift Certificate cannot be reloaded [i.e., value cannot be added to it].
The minimum value of any purchase that can be made using the Gift Card is $99.
Any redemption that you wish to make that exceeds the available balance of the Gift Certificate shall require you to pay the difference by another payment method e.g., cash or credit card.
The Gift Certificate may not be resold nor is it refundable unless required by law.
PHS reserves the right to:
- limit the number of Gift Certificates purchased by any person or entity
- refuse any request for redemption of the Gift Certificate.
Copyright in the Gift Certificate and other intellectual property rights in respect of the Gift Card are owned or used under licence by PHS, its affiliates, corporate partners, or licensors, unless expressly indicated to the contrary.
As far as is permitted by law, you agree when you use the Gift Certificate to indemnify and release PHS in respect of any claims, loss or damage incurred or arising as a result of your use or redemption of the Gift Certificate. In the event the Gift Certificate is non-functional for reasons other than your misuse or neglect, PHS’S sole liability shall be replacement of the Gift Card.
All product prices are in Australian dollars and are inclusive of GST. Any purchase you make will be charged in Australian dollars and you shall be solely liable for any currency conversion fees charged by your credit card provider and additional charges for credit and payment charges incurred by PHS..
All products cannot be redeemed for cash, are non-refundable (subject to management discretion and any requirements under the Australian Consumer Law or other applicable laws), not exchangeable or transferrable and cannot be resold.
PHS reserves the right to cancel any product and refuse entry where PHS reasonably believes same has been obtained in an unlawful or improper manner or in breach of these Terms & Conditions.
If you have pre-booked a tour or charter the following cancellation conditions apply:
- More than 24 hours’s notice: Full Refund
- Less than 24 hours’ notice: No refund
All cancellation requests should be made in writing by email
- Patrons are reminded to attend at least 10 minutes before your booked flight. Late arrivals or no-shows will not be refunded or rescheduled.
At times, varying Cancellation policies may be applicable to a charter, airwork flight or private hire bookings. These variances will be provided in written during the quotation stage of your reservation.
PHS may impose restrictions or limitations on access to flights at any time. PHS may close premises on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God, or other reasons.
Extensions to the validity of any ticket you have purchased from us or refunds as a result of limited visitation, suspension, premises, or site closure are not granted (subject to any requirements at law to the contrary).
Buying for someone else
If you have purchased a product for someone else, then you must make available or known to them these Terms & Conditions and by their attendance they shall be deemed to have accepted these Terms & Conditions.
Conditions of entry
You agree to comply with the Conditions of Entry and any other conditions displayed at the front gate of the premises therein. PHS may cancel or suspend your Ticket and/or remove you from the premises if you breach any of the Conditions of Entry.
We will not be liable for any personal injury or loss where negligence cannot be attributed to us.
Due to safety or operational requirements, physical restrictions and/or clothing or accessory restrictions may apply on the helicopter. If uncertain of the restrictions, please ask staff or check signs prior to participating.
We reserve the right to deny admission to persons under the age of 13 unless accompanied by a supervising companion over the age of 16. Pets are not permitted but service dogs are allowed to accompany a guest with a disability.
Responsibilities of Patrons
By your participation you accept the inherent risks of possible injury or harm associated with the flight and the inherent risks associated with any activity in or near water. You should consider this participation in a responsible manner and with good judgment, particularly if you have a health or medical condition, are pregnant or have other physical limitations. Patrons with medical conditions are responsible for assessing whether they can participate. You must seek medical advice if uncertain.
Photographs or videos taken by you must be for your own personal use and enjoyment and not for any commercial purpose. No flash photography is allowed in the aircraft. We may use any photographs or video that we take of you for our commercial purposes without payment to you.
You may be refused entry or evicted if we reasonably believe that you are adversely affected by drugs or alcohol or behave inappropriately or breach any of these Terms & Conditions.
You must: –
- act with consideration for both yourself and others and refrain from behaviour which could affect your safety or the safety of others
- obey all reasonable written and verbal instructions and warnings given by our staff
- use safety equipment where directed
- only smoke in designated smoking areas
- let us inspect any bags or other goods in your possession immediately upon request
- be responsible for your own personal property as we will not be responsible for any loss.
Adults and carers are responsible for persons under their supervision.
No alcohol, glassware, food (including commercially prepared food), beverages, eskies or coolers are permitted unless required for special dietary needs (e.g., allergies) or by infants or babies.
The Website is owned and operated by PHS. PHS may refuse any order to purchase a product or deny access to the Website for any conduct it believes may breach these Terms & Conditions or any law.
Use of virtual platforms including but not limited to the PHS Website, Social Media platforms such as Facebook and Instagram
Our virtual platforms including the PHS website is interactive and public and in posting content, you understand, acknowledge, and agree:
- any materials, ideas, or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
- any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit may be used by PHS anywhere, anytime, and for any reason whatsoever.
- not to use any obscene, indecent, or offensive language.
- not to place on our virtual platforms any material that is defamatory, abusive, harassing, racist, hateful, encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, federal, national, or international law or regulation.
- to use our vitual platforms only for lawful purposes
- you are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights
- not to disrupt, overwhelm, attack, modify or interfere with the Websites or their associated software, hardware and/or servers in any way.
- not to impede or interfere with others’ use of our virtual platforms.
- not to post any software, files, or links to other sites.
- not to post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or any feature of the Websites; and
- not to alter or tamper with any information or materials on or associated with the Websites.
If PHS conducts any competitions on the Website, then:
- PHS, in its absolute discretion, reserves the right to refuse any competition entry or to deny access to the Website for any conduct it believes may breach these Terms & Conditions or any law.
- competitions are subject to individual terms and conditions available at the time of entry; &
- employees of PHS and its related bodies corporate, including immediate family members, cannot enter any competitions promoted on the Website.
Online purchase fees
When buying online through the Website products can only be purchased using a credit or debit card. All credit and debit card purchases are made through a secure payment facility. Your credit or debit card will be debited at the time of ordering. In the unlikely event that you believe any unauthorised use of your card has occurred, please immediately notify PHS by email and contact your bank through your usual communication method.
The information on the Website (including prices and product offerings) may change at any time without notice. The availability of products shown or referred to on the Website is subject to change, delay, cancellation, or closure due to inclement weather, preventative maintenance, refurbishment, or other operational requirements – detailed particulars can be obtained by contacting PHS directly.
INTELLECTUAL PROPERTY RIGHTS
The contents of the Websites, such as graphics, logos, information, text, video clips, material, software, or advertisements (“Content”) is owned by PHS unless stated otherwise and protected by Australian and international copyright and trademark law. Without the express permission of PHS, the Content must not be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way except as expressly provided on the Websites however you may download, store in cache, display, print and copy material in a complete and unaltered form for your own personal, non-commercial use provided that you:
- keep intact all copyright and trademark notices (see below); &
- do not use the material in any manner that suggests an association with any PHS products, services, or brands.
Provided the above conditions are followed, you may use the material on the Websites for the purposes of research or study provided your use is fair (It is deemed fair to reproduce no more than 10% of the number of words on the Websites and to only use the material for class use or assessment).
THIRD PARTY LINKS
The Websites contains hyperlinks and other pointers to web sites operated by third parties (“Hyperlinked Websites”). Unless otherwise stated at those websites, Hyperlinked Websites are not controlled by PHS. By using those links, you acknowledge and agree that:
- PHS is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website.
- PHS provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by PHS, its related bodies corporate, affiliates, corporate partners or licensors; &
- you access such Hyperlinked Websites entirely at your own risk.
PRIVACY OF PERSONAL INFORMATION
VARIATION TO TERMS & CONDITIONS
PHS may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Websites. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions.
LIMITATION OF LIABILITY
Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms & Conditions excludes, restricts, or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law and Fair Trading Act 2012 (Victoria) that cannot be excluded, restricted, or modified by agreement.
To the fullest extent permitted by law, PHS’s liability for a breach of a non-excludable condition or warranty is limited, at PHS’s option, to:
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods.
- the repair of the goods.
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
INDEMNITY & RELEASE
You agree to indemnify PHS for any loss or damage that it may suffer or for any costs it may incur in connection with any breach by you of these Terms & Conditions. You further agree to release PHS from any claim, loss or damage incurred as a result of any error, omission, or misrepresentation in the Websites.
PHS shall not be liable in damages and shall have the right to terminate any tour or charter and not be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions wars, insurrections, strikes, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of PHS whose performance is affected to substantially meet its performance obligations under any agreement hire.
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.