terms and conditions

These Terms and Conditions apply to the AeroBroker website and the aircraft charter enquiry, sourcing, brokerage, booking support and coordination services provided by Garnerbarro Pty Ltd ABN 17 655 805 413.

In these terms, “AeroBroker”, “we”, “us” and “our” refer to Garnerbarro Pty Ltd. “You” and “customer” refer to the person or organisation using the website, making an enquiry, accepting a quotation or arranging travel or freight through us.

1. Acceptance of these terms

By using this website, submitting an enquiry, requesting or accepting a quotation, making a payment, or asking AeroBroker to coordinate a charter, you agree to these Terms and Conditions.

A particular quotation, booking confirmation, operator contract or written service agreement may contain additional terms. If there is an inconsistency, the more specific written booking document will apply to that booking, subject to rights that cannot lawfully be excluded.

2. AeroBroker’s role

AeroBroker assists customers to define charter requirements, approach the charter market, source potentially suitable aircraft options, obtain pricing and availability, compare responses and coordinate next steps with operators and suppliers.

We are not an airline, common carrier, aircraft operator, airport, ground handler or travel insurer. We do not employ or control the operating crew and do not make decisions about flight release, weather, fuel, loading, runway suitability, maintenance, crew duty, regulatory approval or safe conduct of a flight.

3. Website information

Website content is general information intended to explain aircraft charter concepts, services, locations and enquiry requirements. Images, aircraft descriptions, ranges, passenger capacities, travel times and example uses are illustrative only and may not reflect the aircraft ultimately offered.

Website content does not guarantee:

• aircraft or crew availability;
• acceptance by an operator;
• a particular aircraft, operator, airport, airstrip, route, schedule or price;
• the carriage of any passenger, baggage, animal or freight item; or
• that a proposed flight is operationally or legally feasible.

4. Enquiries and charter briefs

When you make an enquiry, AeroBroker may review the route, date, timing, passenger numbers, baggage, freight, airport access, flexibility, travel purpose, service expectations and budget. We may seek clarification or provide those requirements to one or more operators or suppliers for assessment.

Submitting an enquiry does not require AeroBroker or any operator to provide a quotation, hold an aircraft or accept a booking.

5. Quotations and indicative pricing

Unless expressly stated otherwise, quotations are invitations to proceed and remain subject to operator confirmation, aircraft and crew availability, operational review and the quotation’s stated validity period.

A quotation may be revised before confirmation if:

• the route, date, time, passenger count, baggage, freight or itinerary changes;
• information supplied is incomplete or inaccurate;
• aircraft, crew or supplier availability changes;
• airport, handling, parking, fuel, permit, catering, accommodation, security or repositioning costs change;
• weather, runway, payload, crew-duty, regulatory or operational requirements require a different plan; or
• the operator corrects an obvious error or withdraws its offer before acceptance.

We will not treat a quotation as accepted after its expiry unless we and the operator reconfirm it.

6. Operator and contractual structure

The booking documents will identify the relevant aircraft operator or supplier when confirmed. Depending on the arrangement, AeroBroker may act as an intermediary, booking coordinator or disclosed agent and may collect money in connection with the booking.

The operator may issue or incorporate its own terms dealing with carriage, passenger conduct, baggage, freight, dangerous goods, cancellation, delays, diversions, aircraft substitution, safety, liability and refunds. Those operator terms apply to the operator’s service in addition to these terms.

If an operator requirement conflicts with a customer preference, the operator’s lawful safety, operational and regulatory requirements prevail.

7. Booking confirmation

A booking is not confirmed merely because an enquiry was submitted, a quotation was issued, a customer expressed acceptance or payment details were requested.

A booking is confirmed only when AeroBroker or the operator confirms it in writing and all stated preconditions have been satisfied, which may include cleared payment, signed acceptance, passenger and freight details, identification, operator approval and acceptance of applicable operator terms.

Until written confirmation is issued, the aircraft and crew may remain available to other customers.

8. Prices, fees, commission and GST

The amount payable and what it includes will be stated in the quotation or booking documents. Unless stated otherwise, amounts are in Australian dollars and include GST where GST is legally payable.

AeroBroker’s remuneration may be included in the quoted price or separately identified as a brokerage, coordination or service fee. AeroBroker may also receive commission or remuneration from an operator or supplier. The total customer price will be disclosed before booking confirmation.

Bank, card, international transfer or payment-gateway fees may apply where disclosed before payment.

9. Payment

Payment requirements, due dates and accepted methods will be stated in the quotation or booking documents. Full payment or a deposit may be required before an operator will hold or confirm aircraft availability.

Payment is treated as received when cleared funds are available to the nominated recipient. If required payment is not received by the deadline, the quotation may lapse, availability may be released and the booking may remain unconfirmed or be cancelled in accordance with the applicable booking terms.

10. Changes requested by the customer

A request to change a confirmed route, date, time, passenger number, aircraft, baggage, freight, airport, catering or other service is subject to operator and supplier approval. A change may require a revised aircraft, schedule and price.

We will advise material additional charges before implementing a requested change where practical. If the requested change cannot be accommodated, the original booking terms continue unless the booking is cancelled or otherwise agreed in writing.

11. Customer cancellation

Cancellation terms depend on the operator, aircraft, route, positioning, suppliers and time remaining before departure. The applicable cancellation schedule should be provided with, or incorporated into, the booking documents.

A customer cancellation may result in charges for:

• operator cancellation fees;
• aircraft positioning, crew, airport, handling, permit, catering, accommodation, fuel or supplier costs already incurred or committed;
• non-refundable third-party charges; and
• a disclosed brokerage or administration fee that reasonably reflects work performed and costs incurred.

No cancellation clause limits rights or remedies that cannot be excluded under the Australian Consumer Law.

12. Operator cancellation and refunds

An operator may delay, vary or cancel a flight because of safety, weather, aircraft serviceability, crew duty, airport conditions, air traffic control, security, regulatory requirements or another operational reason.

Where a flight cannot proceed, available remedies may include an alternative aircraft, operator, route, time, credit or refund, depending on the cause, operator terms, costs already supplied and applicable law.

Where AeroBroker collected money as an intermediary and a refund depends on recovery from an operator or supplier, we will take reasonable steps to obtain and pass on the amount due. This does not remove or postpone any refund obligation AeroBroker itself has under applicable law.

13. Timing, delays, diversions and itinerary changes

Departure and arrival times are estimates unless expressly guaranteed in writing. Aircraft charter remains subject to weather, air traffic control, airport operating hours, slot availability, ground handling, passenger readiness, loading, crew duty, aircraft serviceability and other operational factors.

Flights may be delayed, rerouted, diverted, rescheduled or terminated at an alternative airport where the operator or pilot in command considers it necessary or prudent.

14. Aircraft or operator substitution

A quoted or booked aircraft or operator may need to be substituted because of serviceability, availability, payload, weather, airport suitability, crew or regulatory requirements. Any proposed replacement must be appropriately authorised and reasonably suitable for the revised operation.

A material substitution may change the cabin, capacity, baggage allowance, schedule or price. We will communicate material changes and available options as soon as reasonably practicable.

15. Customer authority and responsibilities

You confirm that you are authorised to make the enquiry, accept the quotation and provide information on behalf of the passengers, organisation or freight interests concerned.

You must provide accurate, complete and timely information, including:

• the full itinerary and any timing dependency;
• passenger names, numbers, ages where relevant, weights and identification requested;
• baggage and freight quantities, dimensions and weights;
• dangerous goods, restricted items and special handling requirements;
• accessibility, mobility, medical, dietary or assistance requirements;
• animals, unusual equipment or oversized items; and
• billing, payment and contact information.

You are responsible for reasonable additional costs caused by materially inaccurate, incomplete or late information, to the extent those costs were not caused by AeroBroker or the operator and are permitted by law.

16. Passenger documents, entry requirements and fitness to travel

Passengers must hold valid identification and any passport, visa, permit, vaccination, customs, immigration or security documentation required for the itinerary. AeroBroker does not provide legal, immigration or medical advice.

A passenger must disclose assistance or medical circumstances that may reasonably affect safe carriage or require operator planning. The operator may require medical clearance or decline carriage where reasonably necessary for safety, legal compliance or operational capability.

17. Passenger conduct

Passengers must comply with lawful instructions from the operator, crew, airport and security personnel. The operator may refuse carriage, remove a passenger or terminate a journey where behaviour creates a safety, security, legal or serious operational concern.

The customer may be responsible for reasonable loss, cleaning, repair, diversion or delay costs directly caused by a passenger’s unlawful or seriously disruptive conduct, subject to applicable law.

18. Baggage, freight and payload limitations

Every aircraft is subject to weight, balance, volume, runway, fuel and performance limits. A passenger seat does not guarantee carriage of an unlimited or standard airline baggage allowance.

The operator may limit, offload, repack or refuse baggage or freight where required for safety, legality, security, aircraft limits or operational practicality. Undisclosed baggage or freight may cause delay, additional charges, aircraft substitution or cancellation.

19. Dangerous goods and prohibited items

You must disclose any item that may be dangerous, restricted, regulated or unsuitable for carriage by air. This includes batteries, chemicals, fuels, aerosols, gases, dry ice, biological or medical substances, weapons, ammunition, explosives, radioactive material, corrosives, infectious substances and other items requiring specialist handling.

Dangerous goods must not be presented unless they have been accurately declared, packaged, documented and accepted by the operator or freight provider in accordance with applicable requirements. Non-disclosure may result in refusal, cancellation, reporting to authorities and recovery of reasonable resulting costs.

20. Animals and special services

Carriage of pets, assistance animals, live animals, wheelchairs, medical equipment, catering, ground transport and other special services is subject to advance disclosure, operator and supplier approval, aircraft suitability and applicable law. Additional documentation or charges may apply.

21. Check-in, passenger delay and no-show

Passengers must arrive at the advised location by the required time and be ready to travel with the necessary documents. A late passenger may affect airport slots, crew duty, daylight, permits, onward sectors and the operator’s ability to complete the flight.

If passengers fail to present or cause a delay, the operator may depart, reschedule or cancel, and additional costs or cancellation charges may apply under the booking terms.

22. Operational control and safety

The aircraft operator and pilot in command have final authority over aircraft loading, route, fuel, weather acceptance, runway use, passenger or freight carriage, departure, diversion, landing and all other operational and safety matters.

Neither the customer nor AeroBroker may require an operator or pilot to act contrary to law, operating procedures, aircraft limitations or safety judgement.

23. Third-party and ancillary services

Ground transport, accommodation, catering, tourism, freight handling, airports, fixed-base operators and other ancillary services may be supplied by independent third parties. Their own terms may apply.

AeroBroker is responsible for its own brokerage and coordination services. We are not responsible for an independent supplier’s act or omission to the extent we did not cause, direct or control it, except where liability cannot lawfully be excluded.

24. Travel insurance

Charter arrangements can involve substantial cancellation, disruption and replacement costs. Customers should consider obtaining appropriate travel, cancellation, medical, freight or business-interruption insurance. AeroBroker does not provide insurance advice unless expressly stated under a separate authorised arrangement.

25. Consumer guarantees and non-excludable rights

Nothing in these terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

Where permitted by law and where services are not ordinarily acquired for personal, domestic or household use or consumption, liability for breach of a non-excludable guarantee may be limited to supplying the services again or paying the reasonable cost of having them supplied again.

26. Limitation of liability

To the maximum extent permitted by law, AeroBroker is not liable for loss caused solely by an operator or independent supplier, weather, air traffic control, airport closure, regulatory action, aircraft serviceability, crew duty limits or another event outside AeroBroker’s reasonable control.

To the maximum extent permitted by law, AeroBroker is not liable for indirect or consequential loss that does not arise naturally in the ordinary course from our breach and was not reasonably foreseeable when the booking was made.

These limitations do not exclude liability for AeroBroker’s own fraud, wilful misconduct, negligence where liability cannot be excluded, or any other liability that cannot lawfully be limited.

27. Events outside reasonable control

Neither AeroBroker nor a supplier is responsible for delay or failure caused by an event outside the affected party’s reasonable control, including severe weather, natural disaster, emergency, conflict, security event, epidemic, government or regulatory action, air traffic restriction, airport or runway closure, industrial action, fuel shortage, communications or IT failure, supplier failure, aircraft unserviceability or crew unavailability.

The affected party must take reasonable steps to reduce the effect of the event. Any customer payment, refund, credit or cancellation outcome remains subject to services already provided, unavoidable costs, applicable booking terms and non-excludable legal rights.

28. Website availability, security and errors

We aim to keep the website accurate and available but do not guarantee uninterrupted access or that every page will be free from errors, outdated information, malware or technical faults. You should not rely on the website as the sole source of time-critical operational information.

29. Intellectual property

Unless otherwise stated, the AeroBroker name, website text, layout, graphics, branding and other original material are owned by or licensed to Garnerbarro Pty Ltd. You may view and print content for personal or internal business use but must not reproduce, republish, scrape, commercially exploit or misrepresent it without prior written permission.

30. Privacy

We handle personal information in accordance with our Privacy Policy. You confirm that you are authorised to provide passenger and third-party information supplied in connection with an enquiry or booking.

31. Complaints and disputes

Please contact AeroBroker promptly if you have a concern about our brokerage or coordination service so we can review the matter and seek a practical resolution.

A complaint about flight operation, crew, aircraft, baggage handling or an operational decision may need to be referred to the aircraft operator. AeroBroker will provide reasonable assistance in directing the complaint to the appropriate party.

32. Governing law

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them. This clause does not limit any right to bring a claim in another jurisdiction where applicable law permits.

33. Severability and waiver

If part of these terms is invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining terms continue. A failure or delay in exercising a right does not waive that right.

34. Changes to these terms

We may update these website terms for future enquiries and bookings. The current version will be published with its effective date. A change will not retrospectively alter a confirmed booking unless required by law, agreed with the customer or incorporated through a valid operator or booking variation.