The terms and conditions set out below form part of the Aircraft Hire Agreement (“AHA”) between the Phoenix Aero Club (“PAC”) and the Hirer to hire the aircraft identified on the Flight Sheet and any person/company who provides a Credit Card Authority or payment guarantee to PAC.

Application
These Terms and Conditions apply to the private hire and solo training hire of aircraft from PAC. “Hirer” applies to the Pilot in Command (“PIC”). Where multiple pilots take part in a single hire event and in the event of dispute or disagreement the position of PIC will be taken to be the person legally occupying the left-hand front seat of the aircraft. These terms and conditions are also applicable to any solo training hire of aircraft by anyone who may or may not hold a pilot’s licence. The AHA puts the aircraft into the sole care of the Hirer for the duration of the hire period until returned to Phoenix Aero Club.

Responsibilities of the Hirer
The Hirer/PIC is solely responsible for ensuring the following for every hire event:

• That the hirer/PIC holds a Current Australian flight crew licence or a foreign flight crew licence with a CASA certificate of validation.
• That the hirer/PIC holds a Current flight review appropriate for the aircraft hired.
• That the hirer/PIC holds a current CASA medical appropriate to the operation being conducted and are compliant with any conditions listed.
• That the hirer/PIC satisfies CASA recency requirements for the type of operation that they are conducting.
• That the hirer/PIC is ‘fit to fly’ as per the CASA IMSAFE checklist.
• The aircraft is operated within the limits as stated within the Pilot Operating Handbook for the aircraft.

Laws and regulations
The Hirer agrees to conduct the hire of the aircraft in accordance with the Phoenix Aero Club Operations Manual, requirements of the Civil Aviation Safety Authority and Airservices Australia, aircraft Pilot Operating Handbook, directives of a Phoenix Aero Club employee, Commonwealth Government, and Aeria Management Group.

Valid licence, approvals, recency and experience
The Hirer will produce a valid pilot’s licence and original documentation indicating the required approvals for any intended operations, a current pilot medical, pilot’s logbook showing recency, currency and experience requirements to be stored on file prior to hiring an aircraft.  Recency and experience requirements differ for each aircraft type.  Please see a Phoenix staff member for further details on currency and recency requirements.

Flight Authorisation
All flights require prior authorisation.  At the time of taking key for the aircraft, the Hirer must disclose and note on the authorisation sheet the intended landing points and the first name and surname of all passengers.  The authorisation will take the form of a signature on the authorisation sheet by an instructor. On days where no instructors on site, authorisation shall be deemed to be granted the hirer holds membership with PAC.  The Hirer agrees only to operate the aircraft for the intended operation as indicated on the austhorisation sheet. The Hirer must not assign the AHA or any rights to any other party.  The pilot nominated on the authorisation sheets must be the only Pilot In Command and must not permit any other person to manipulate the controls of the aircraft.

Insurance
Phoenix Aero Club insures the aircraft for its own benefit against hull risks and other risks of or in connection with the operation of the aircraft during the period of hire, including risks of Third party damage to persons or property.  PAC will provide a copy of the insurance policy on request.  The Hirer undertakes to pay PAC the full amount of any excess on any claim on the insurance together with any other ‘out of pocket’ expenses for which PAC is otherwise liable.  The Hirer agrees to indemnify Phoenix Aero Club against all other costs, damages and liability arising out of or in any way connected with the use of the aircraft which are not covered by the insurance.

Cancellations
Any aircraft hire that is cancelled or rescheduled to another day after 3pm on the day preceding the original hire period will result in a cancellation fee being charged to the Hirer.  The cancellation fee will be not be applicable, at the absolute sole discretion of PAC, in the case of poor weather conditions precluding safe flight.  Applications to reverse the cancellation fee must be made to secretary@phoenix.org.au with supporting documentary evidence. Phoenix Aero Club has the sole option of terminating the hire at any time. The Hirer would then be responsible for their own return transport costs and PAC would be responsible for any costs associated with the return of the aircraft.

Hire period
The hire period shall commence at the beginning of the scheduled time made at the time of booking and terminate at the end of the scheduled time made at the time of booking. For any aircraft that has not been collected within one hour of the commencement time of the booking without prior notification, the Hirer will be treated as a no-show and the aircraft re-assigned to open duty. A no-show fee may be charged to the Hirer at $100.00 per hour of the booking. (i.e If the aircraft is booked for three hours, the no show fee that the Hirer is liable for would be $300.00.).  The Hirer must return the aircraft, aircraft books/Maintenance Release/VDO sheets with flight details clearly and accurately entered in the flight log and equipment and have secured the aircraft (inclusive of tie-down and fitting of throttle lock) at least ten minutes prior to the completion of the hire period.  Failure to return the aircraft on time may result in the Hirer being charged a late return fee ($30) per hour for each hour overdue in addition to the hire fees and charges, with a minimum charge of one hour’s late return fee.

Minimum aircraft usage during hire period
Each aircraft hire is subject to minimum hire charges as follows:

• Hire for one booking slot (1 hour 30 mins) No minimum
• Hire for two booking slots 1 hour chargeable flight time
• Hire for three booking slots 2 hours chargeable flight time
• Full day hire (more than four slots) 3 hours chargeable flight time per day

Hirers wishing to hire aircraft for periods greater than one calendar week will be required to pay in advance of the hire, an amount of 50% of the estimated hire cost. The balance being payable upon reconciliation of all costs and charges after return of the aircraft. The minimum hours provisions will be applied to the final amount payable where applicable.

Fees and charges
The Hirer hereby irrevocably and unconditionally authorises Phoenix Aero Club to charge to the Hirer’s credit card and/or to charge to the Hirer’s account all fees and charges payable by the Hirer under the AHA. All Hirers are required to complete a credit card authorization. The prevailing Non-Member Hire Rate shall be charged for each flight hour for any Hirer who is not a member of Phoenix Aero Club.  Flight hours are calculated on VDO timer. Hirers are advised to ascertain the method of calculation at the time of aircraft booking.  Phoenix Aero Club reserves the right to calculate a fair and reasonable charge based on actual time flown in the event a flight timer fails.  Phoenix Aero Club members are entitled to member hire rates as detailed on the Hire Rates. The Hirer shall be liable for all Airservices charges, landing, parking and other such fees and charges incurred during the hire period. Landing fees will be charged at the rate for the aircraft as published on the current PAC ‘hire rates’ or the rate invoiced from the aerodrome operator whichever is the higher of the two. The Hirer shall be liable for any costs associated with any breach of the terms and conditions of hire or any such sum as is necessary to compensate PAC for its loss or damage as determined by PAC acting reasonably.  The Hirer shall be liable for the costs of recovering or attempting to recover from the Hirer outstanding charges, including any mercantile agent’s costs and legal costs on a full indemnity basis.

Unless agreed to the contrary, the aircraft is made available to the Hirer on a “wet-hire” basis. Phoenix Aero Club will bear the costs of fuel added at Camden (“YSCN”) and will reimburse the cost of fuel added at away locations at the prevailing Camden rate. If arranged on a “dry” basis, the aircraft should be returned to the Company with the same quantity of fuel as when collected at the beginning of the hire period.

Defects, damage, airworthiness and abandonment
It is the responsibility of the Hirer to return the aircraft in a clean and tidy state at the conclusion of the hire period.  If the aircraft is found in a state other than described, the Hirer may be charged a cleaning fee.  The Hirer shall report as soon as is practical to Phoenix Aero Club any defects that render the aircraft unserviceable or unsafe for further operation.  Should the Hirer abandon the aircraft for any reason, other than a defect that renders the aircraft unserviceable which was not caused by the Hirer, the Hirer shall be liable for all costs associated with the recovery of the aircraft.  The Hirer agrees to refrain from tampering with, attempting to repair or authorising any repair to the aircraft without the prior approval of PAC.  The Hirer agrees to check the aircraft’s airworthiness by carrying out a thorough Daily Inspection of the aircraft and its accessories and check that the maintenance release will remain valid for the duration of the intended flight.

Should there be any delays in returning the aircraft to the Company by the due date/time due to an unserviceability arising through normal operations and for a reason not attributable to the Hirer, the Hire will be terminated at that point. The Hirer should notify PAC immediately. The costs of recovery and repair of the aircraft (where required) will be the responsibility of Phoenix Aero Club.

Aircraft Cleanliness and Security
To ensure that aircraft are kept in excellent condition all Hirer’s must do their part in ensuring that aircraft are returned clean, tidy, presentable and safe. By hiring an aircraft from PAC, the Hirer agrees to:

• Remove all rubbish from aircraft after use, whether you left it there or not.
• Never consume food or drinks inside an aircraft that may soil or mark the interior.
• Used oil funnels and empty oil bottles are to be stored in the resealable bags supplied in the aircraft and disposed of appropriately.
• Never smoke or vape in aircraft. Never place items on the dashboard that may scratch the plexiglass windscreen.
• Use care when writing in aircraft not to mark trims or upholstery.
• Replace aircraft covers after every flight.
• Ensure all post flight actions are done accordingly.
• Ensure the aircraft is secured at all times while parked using the throttle lock or other devices including control locks, pitot covers, and tie downs as may be fitted to or carried by the aircraft, including on return to PAC.

In the event that the aircraft is not returned in a tidy, presentable and safe condition, the Hirer may be liable for a cleaning/security fee.

Geographic limits and authorised use
The Hirer agrees to operate the aircraft wholly within Australia  and to use only approved airfields (except in emergencies).

Definitions

Approved airfields means any airfield listed within the Enroute Supplement Australia and the Australia Country Airstips Guide that the Hirer/PIC has determined is safe to operate in/from by means of performance charts.

Hirer/PIC means either the hirer who takes responsibility for the aircraft during the period of hire or the pilot in command at the time when multiple pilots are taking part in a single hire event.

IMSAFE means the pilot in command assessing themselves fit and well to act as pilot in command of an aircraft after consideration of the current CASA listed human factors and including the items listed in the following paragraphs. Such assessment is to be conducted in a manner that a reasonable person would employ at the hirer’s standard of CASA flight crew licence:

• Illness – Is the pilot suffering from any illness or symptom of an illness which might affect them in flight?
• Medication – Is the pilot currently taking any drugs (prescription or over the counter)?
• Stress – Is the pilot overly worried about other factors in their life? The psychological pressures of everyday living can be a powerful distraction and consequently affect a pilot’s performance.
• Alcohol – any consumption in the past 8 hours or current impairment. The pilot should also consider the effects of their alcohol consumption within the last 8 to 24 hours?
• Fatigue – Has the pilot had sufficient sleep and adequate nutrition
• Emotion – Has the pilot fully recovered from any extremely upsetting events such as the loss of a family member?
• Eating – has the pilot eaten? including ensuring proper hydration, sustenance, and correct nutrition

Negligent or wrongful act includes any act or omission published in the Civil Aviation Act, Regulations, Civil Aviation Safety Regulations, Aeronautical Information Publication, Enroute Supplement Australia, and any other Government publication covering any aspect of air safety to which a penalty is applicable. It also includes any behaviour prohibited in the rules, regulations, and procedures of the company as contained in the operations manual, including malicious treatment of the aircraft and careless or reckless behaviour occasioning damage.