Terms and Conditions
Use of any HELIVATE services or aircraft are subject to the following TERMS and CONDITIONS without exception, failure to adhere to these terms and conditions will result in termination of service and the aircraft/s will be recalled with immediate effect, no refunds will be given.
PAYMENT PROCEDURES
1. HELIVATE only accepts BANK DEPOSITS, BANK TRANSFERS, INTERNET TRANSFERS, ELECTRONIC TRANSFERS, or CASH PAYMENTS.
2. We DO NOT accept personal cheques, company cheques, bank guaranteed cheques, cashiers cheques, auto bank cheques or any other type of cheque. We do not accept cheques of any kind deposited into our bank account. We DO NOT accept debit or credit cards.
3. Your reservation request form, your deposit, and all conversations only constitute an offer by yourself. Until we have accepted your payment and most importantly your offer, in writing, no contract is deemed to exist.
4. HELIVATE requires a non-refundable deposit indicated on your invoice, to be paid into our bank account and a facsimile of Deposit or Transfer, the Quotation and a signed Terms and Conditions form to be sent to us before a booking will be accepted.
5. Provisional bookings are only valid for 24 hours, if you have not paid a deposit within this time, you will lose your provisional booking.
6. Bookings will only be considered for confirmation if the non-refundable deposit is reflected on our bank statements. We cannot be held responsible for bank delays or any other type of problem that may prevent the deposit amount reflecting on our bank statements.
7. The deposit is non-refundable, non-creditable, non-transferable and on a first-come-first-serve basis.
8. You may pay the total amount quoted before the trip.
9. A 100% cancellation fee will apply to bookings canceled or altered after 48 hours from the time of booking. Any alteration or cancellation must be made in writing and must be confirmed by HELIVATE in writing.
10. The specified FINAL DEPARTURE TIME is FINAL, HELIVATE will not wait for passengers that are not in the aircraft/s at the specified final departure time, regardless if passengers are not accounted for, for whatever reason.
11. The balance of payment is payable in CASH to the pilot when the aircraft first arrives.
12. No negotiation of price, duration, times or service will be accepted at this point by the pilot unless HELIVATE is contacted directly to provide a quotation for these additions or changes. Agreed to additions or changes must be paid at the latest to the pilot in cash before the aircraft departs. Any changes to the confirmed schedule must be made with HELIVATE Reservations on +27 (0) 84 583 1569, arrangements made directly with pilots without the knowledge of HELIVATE Reservations can not be guaranteed and may result in early termination of the service.
HELIVATE USAGE
The aircrafts used by HELIVATE are extremely costly and at no time will the aircraft, passengers, pilots, or members of the public be placed at risk due to inappropriate behavior of aircraft occupants. All aircraft are strictly non-smoking.
13. HELIVATE reserves the right of admission to its' aircraft and reserves the right to electronically track, record and monitor its' aircraft.
14. Customers will ensure that they are satisfied with all aspects of the aircraft before a deposit is paid. aircrafts interior, exterior, dimensions, functions, and capabilities can be viewed on the HELIVATE website at www.helivate.co.za/about.htm, or arrangements should be made to view the aircraft.
15. Any criminal act performed by aircraft occupants will result in immediate termination of the service without refund and removal of ALL occupants and a criminal charge being laid with the South African Police Services (SAPS).
16. Drunken and disorderly behavior by occupants in or outside of the aircraft will result in immediate termination of the service without refund and removal of ALL occupants and possible drunk and disorderly charges being laid.
17. Any damage caused by aircraft occupants to the aircraft or items within the aircraft, must be paid for immediately or will result in the immediate termination of the service without refund and removal of ALL occupants and may result in criminal charges being laid for the destruction of private property. Broken glasses will be charged for at R75 per glass and decanters at R225 per decanter. Other items will be assessed by the pilot at replacement value.
18. Any verbal or physical abuse of HELIVATE pilots or employees, members of the public, or other customers will result in immediate termination of the service without refund and removal of ALL occupants and possible criminal charges being laid.
19. HELIVATE cannot and will not be held responsible for any theft or loss of possessions or belongings whilst providing a service.
20. Customers are advised not to leave any personal belongings and valuables in the aircraft and not to leave any personal belongings and valuables with pilots or other HELIVATE employees and do so at their own risk. No refunds will be given for beverages left in an aircraft after a service.
21. HELIVATE or its' pilots may from time to time request that customers provide directions to their destination. HELIVATE or its' pilots will not be held responsible for not getting to a destination on time if incorrect or incomplete directions are supplied by the customer or if no directions are supplied.
22. Due to parking issues at JHB International Airport, pilots cannot leave the aircraft to meet passengers in the arrivals lounge, please send with an agent to meet the passengers or instruct passengers to meet the aircraft at the drop off area in front of the bottom terminal.
23. No food, drinks, or consumables may be brought into a HELIVATE aircraft by passengers unless by prior written agreement.
24. Customers may neither offer nor give pilots any food or beverages especially alcohol at any time whatsoever for whatever reason.
25. HELIVATE reserves the right to charge a cover fee of R100/aircraft for any drinks that it authorizes passengers to bring into its' aircraft.
26. Unusual dirtying including but not limited to vomiting in the aircraft will result in a minimum charge of R650, payable immediately upon the request of the pilot, or the service will be terminated without refund and removal of ALL occupants.
27. All equipment electronic or other, within the aircraft, shall only be operated by HELIVATE employees.
28. HELIVATE will not be held responsible for acts of God, acts of nature, or circumstances beyond its' control.
INDEMNITY
HELIVATE makes no representations or warranties of any kind, express or implied, as to information, materials, products or services that it provides. To the full extent permissible by applicable law, HELIVATE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HELIVATE will not be liable for any damages of any kind arising from the use of its services or aircraft, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
WEBSITE USAGE
1. COPYRIGHT
1.1 Copyright 2002-2013 © HELIVATE. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact us at +27 (0) 84 583 1569 or e-mail info@helivate.com.
1.2 Users may download, view, and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of HELIVATE and its employees/agents are reserved.
1.4 HELIVATE cannot screen or edit all the content available from the HELIVATE site and does not accept any liability for illegal, defamatory, or obscene content. Users are encouraged to inform HELIVATE of any content that may be offensive or illegal.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks, and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs, and agreements, are the property of or licensed to HELIVATE and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits HELIVATE or send e-mails to HELIVATE such user consents to receive communications from HELIVATE electronically and agrees that all agreements, notices, disclosures, and other communications send by HELIVATE satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without the prior written permission of HELIVATE Such permission could be obtained from the person referred to in clause 1 hereof.
4.2 Hyperlinks provided on this site to non-HELIVATE are provided as-is and HELIVATE does not necessarily agree with, edit or sponsor the content on such web pages.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business, or web site may use any technology to search and gain any information from this site without the prior written permission of HELIVATE. Such permission could be obtained from clause 1 hereof.
7. DISCLAIMER
7.1 Neither HELIVATE nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, HELIVATE makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error-free. Furthermore, HELIVATE makes no representations or warranties of any kind, express or implied, as to information, materials, products, or services that it provides. To the full extent permissible by applicable law, HELIVATE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Users are encouraged to report any possible malfunctions and errors to the contact details referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with HELIVATE that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of HELIVATE and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
8. GOVERNING LAW
8.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and the jurisdiction of the South African courts shall govern any action in terms of the use or inability to use this site.
9. PRIVACY
9.1 This site collects private information from users and such information shall not be disclosed to any third party unless agreed upon between the user and HELIVATE or through the due legal process. Users agree that HELIVATE may, from time to time communicate with users.
10. SECURITY
10.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that HELIVATE suffers any damage or loss.
11. CHANGES TO AGREEMENT
11.1 HELIVATE may, in its sole discretion, change this agreement or any part thereof at any time without notice.
12. DISPUTES
12.1 All disputes in terms of this agreement or relating to the use or inability to use the HELIVATE web site will be referred to arbitration in terms of the rules of the South African Arbitration Foundation and such arbitration shall be held in Johannesburg in English and the unsuccessful party shall pay all costs incurred by the successful party.
Inquiries can be directed to info@helivate.com OR +27 (0) 72 219 3264.