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Terms & Conditions

(REGISTRATION NUMBER: 2010/013480/07)


AMRHO AVIATION (PTY) LTD [Reg No: 2010/012683/07]
AMRHO TOURISM (PTY) LTD [Reg No: 2010/012651/07]
AMRHO CONSTRUCTION (PTY) LTD [Reg No: 2010/012679/07]

MMS AVIATION (PTY) LTD [Reg No: 2010/013530/07]
TAKAIR CC [Reg No: 1991/002161/23]
TAKE-OFF CORPORATION CC [Reg No: 1988/021406/23]


STANDARD Terms And Conditions

  • THE Carrier shall let and the Charterer shall take on Charter aircraft as described in the Schedule to this Agreement (hereinafter called ‘the Aircraft’) for carriage as therein set out on the terms of this Agreement.
  • THE Carrier shall provide for the Charterer’s use the aircraft at the commencement of the Charter properly manned, equipped and fuelled and will so maintain it during the period of the Charter. The operating personnel are the servants or agents of the Carrier
  • DEVIATION from any of the terms set out in this Agreement hereto through the action of or at the request of the Charterer may involve alterations in the Charter price and is always subject to the prior approval by the Carrier’s Operations Department.
  • THE Charterer shall pay to the Carrier the Charter price stated in the schedule hereto which includes all expenses of operating the aircraft, remuneration and expenses of personnel, running costs, maintenance and repair expenses, landing hangarage and parking fees and also any other expenses which may be specifically referred to in the Schedule hereto. Unless otherwise agreed by the Carrier the whole Charter price shall be deemed to be earned at the time of the commencement of this Charter.
  • IN the event of there being any increase beyond the control of the Carrier in the costs to the Carrier of performing any of their obligations under this agreement between the date of this agreement and the completion of the journeys specified in the schedule hereto the Carrier may give written notice thereof to the Charterer and the amounts payable by the Charterer in respect of the costs of such journeys or demurrage shall be increased by the amounts directly attributable to any such increases incurred more than fourteen days after receipt of such notice by the Charterer.
  • LOADING and unloading of the aircraft shall be at the Charterer’s expense and the Charterer shall provide such equipment and material for the proper packing and securing of goods to be carried in the aircraft as the Carrier may reasonably require or as may be required to comply with any decision of the captain of the aircraft under clause 7 hereof.
  • THE captain of the aircraft shall have absolute discretion to decide what load may safely be carried in the aircraft and how it shall be distributed whether and when a flight may safely be undertaken and where and when the aircraft should be landed an all such decisions of the captain shall be binding upon the Carrier and the Charterer.
  • (a)    FLIGHT schedules issued by the Carrier to the Charterer are approximate estimations only and not guaranteed by the Carrier who shall at any time be entitled to deviate form any flight schedule if in its opinion such deviation is advisable or necessary.
  • (b)   IF for the reasons beyond the control of the Carrier the aircraft is diverted from the airfield of destination shown in the flight schedule contained in the schedule hereto to another airfield the journey shall be deemed to be complete when the aircraft arrives at that other airfield and the Carrier shall immediately notify the Charterer of such diversion and lay time for unloading the aircraft shall not start to run until the expiry of twenty four hours from such notification
  • IF at the request of the Charterer the aircraft is used by the Charterer for any flight other than those set out in the flight schedule to this agreement the Charterer shall pay to the Carrier in respect of such flight a sum calculated at the rate set out in the schedule to this agreement.
  • SHOULD any passenger arrive at the specified check-in point at the airport subsequent to the time specified by the Carrier or if no such time is specified later than one hour prior to the scheduled time of departure the Carrier may depart as scheduled provided that is shall be deemed to have thereby completed its contractual obligations to the Charterer and shall in no way be responsible for or liable to any such passengers.
  • CARRIAGE performed in pursuance of this agreement shall be subject to the conditions of carriage contained or referred to in the traffic documents of the carrier. A copy of all such documents may be inspected on demand at the office of the Carrier and the Charterer shall be deemed to have notice of them whether or not he shall have availed himself of his right to inspect them.
  • THE Carrier will as far as possible issue or arrange for the issue of the passenger tickets, including the baggage checks air way bills and other traffic documents referred to in Clause 11 hereof and will provide the forms necessary for this purpose. The Charterer will ensure that the said tickets, air way bills and other traffic documents are duly completed and issued to the passengers or shippers well in advance of the flight and the Charterer will provide to the servants and agents of the Carrier all necessary information and assistance required to ensure that the tickets, air way bills and other traffic documents are properly completed.
  • PASSENGER tickets issued by the Carrier shall entitle the holder to board and be carried in the aircraft provided that the carriage of such holder as a passenger on such Charter flight is in accordance with any regulations which are applicable in the South Africa and states in which landings are made relating thereto and the terms and conditions of this agreement and provided that all obligations of the Charterer to the Carrier under this agreement and otherwise and by the ticket holder to the Charterer and the Carrier shall have been duly and fully performed prior to departure.
  • THE Carrier shall be entitled to use any part of the carrying capacity of the aircraft in excess of that specified in the schedule hereto and the Carrier shall be entitled to use any part of the Chartered capacity specified in the schedule hereto left unused by the Charterer on any flight.
  • THE Charterer hereby confirms that he is aware of the conditions attaching to the Licence and/or Approval granted by the relevant Civil Aviation Authority under which the flight contemplated by this agreement will be operated and warrants that he will abide by such conditions and will not act in a manner likely to prejudice the Carrier’s position under the conditions of such Licence and/or Approval.
  • THE Charterer shall ensure that the passengers have been informed before entering into the contract of carriage.
  •  That the holder of the Licence and/or Approval to operate the flights contemplated by this agreement is intended to be the Carrier of the aircraft providing the service.
  • Of the type of the aircraft which the Carrier intends to operate for the purpose of providing the flight.
  • Of the airport of destination at which it is intended to set down the passengers.
  • Of any fact or matter which under the Regulations or Conditions in force at the time of commencement of the flight is to be brought to the notice of the passengers.
  • THE Charterer shall indemnify the Carrier against any costs, claims, damages or liability of any sort that may fall upon the Carrier by reason of any failure to comply with this clause or with any regulations or conditions in force at the time of commencement of the flight and in particular the Charterer shall indemnify the Carrier against any damages the Carrier may suffer in the event of the Licence being withdrawn on the ground of failure to comply with this clause.
  • THE Carrier shall not be responsible for accommodation, refreshments, meals or any additional costs, losses or damages incurred in respect of the passengers carried or to be carried due to the delay of any flight, whatsoever the cause, unless otherwise agreed and specifically stated on the schedule hereto.
  • THE Charterer will comply with and cause all passengers and owners of freight to observe and comply with all Customs, Police, Public Health and other regulations which are applicable in South Africa and states in which landings are made.
  • THE Charterer will not be entitled to assign the benefit of this agreement to any other person without the consent in writing of the Carrier but the Carrier may procure the vicarious performance of their obligations hereunder by some other person.
  • THE Carrier is not a ‘Common Carrier’ and does not accept the obligations of the ‘Common Carrier’ nor is there implied in this agreement any warranty concerning the aircraft of its fitness for any carriage.
  •   THE Charterer shall not be entitled to pledge the aircraft of the credit of the Carrier for any purpose.
  • IN the event of any breach by the Charterer of any provisions of this agreement or if the Charterer becomes insolvent or bankrupt or commits any act of bankruptcy or enters into agreement with his creditors or if being a company it goes into liquidation (except for the purpose of reconstruction or amalgamation) the Carrier shall have the right immediately to cancel this agreement and in the event that the flight has commenced, to terminate such flight without liability to the Charterer, to retain all such monies as have been paid by the Charterer, and to demand all other monies due under the terms of this agreement regardless of it’s cancellation. Neither the payment of the Charter price nor the termination of this Agreement for any of the aforesaid reasons shall effect the Carrier’s right to recover damage from the Charterer.
  • IF the Carrier is unable to perform or complete any flight journey or service contemplated by this agreement he shall be under no obligation or liability to the Charterer beyond the refund of the sum paid for that part of the flight journey or service concerned.
  • THE Carrier shall be entitled without giving a reason to substitute another one or more aircraft for the aircraft specified in the schedule hereto. In the event of the aircraft specified in the schedule becoming unserviceable the Carrier shall be entitled but shall not be obliged to substitute another one or more aircraft for that specified in the schedule hereto. If the Carrier does substitute one or more aircraft as aforesaid then the provisions of this agreement relating to the aircraft shall apply mutatis mutandis to the substituted aircraft. If the Carrier does not substitute another aircraft they shall not be under any liability to the Charterer's other than the liability to pay such sums as the Charterers are entitled to recover under Clause 22 hereof.
  • THE Carrier, it’s servants, agents and employees shall be exempt from any liability due to any failure to perform its obligations under this agreement arising from:-
  • The act neglect or omission of any sub-contractor or other person on whom the Carrier relies or contracts to perform, any of its obligations hereunder.
  • Labour disputes strikes or lockouts whether of the Carrier’s employees or of the employees of any other force majeure or any other cause beyond the control of the Carrier including but not limited to war hostilities, insurrection, civil commotion, or rebellion, seizure under legal process, sanctions, quarantine restrictions, unusually severe weather, acts of God, and accident to, or failure of, the aircraft or any part thereof or any machinery or apparatus in connection therewith provided always that in the event of such failure the Carrier will use it’s best endeavours to fulfil its obligations hereunder including the provision of alternative means of transport.
  • THE Carrier and the Charterer will each use their best endeavours to ensure that all provisions of the Air Navigation Acts, orders and regulations of the country in which the aircraft is/are registered and/or operated are duly observed.
  • THIS agreement is entered into by the Charterer both on his own behalf and as agent for all persons and the owners of and other parties having or claiming any interest in any goods carried in the aircraft. Except as expressly imposed and required by the Convention of Warsaw 1929 as amended by the Hague Protocol 1955 thereto, the Carrier shall not accept and hereby excludes any and all liability whatsoever for death, wounding, bodily injury or delay of passengers or for loss, delay of or damage to their baggage or for loss, delay of, or damage to cargo whether or not occasioned by the negligence of the Carriers employees, servants or agents.
  • THE Charterer warrants that all passengers will hold all necessary passports visas health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight and in the event of the appropriate immigration authorities refusing entry to any passengers in circumstances where the Carrier is required to transport such passengers to the point of origin of the flight or to any other point then the cost of so doing shall be repayable by the Charterer to the Carrier upon demand.
  • THE Charterer hereby indemnifies the Carrier against all claims and expenses (including legal costs) in respect of any liability to third persons including but not limited to passengers consignors and consignees for any damage whatsoever arising out of any wrongful act or omission of the Charterer its servants or agents and for any claims or damages or fines imposed arising out of any breach by the Charterer of the terms thereof. The Charterer agrees and undertakes that all passengers comprising the Charter group shall comply with all applicable governmental or other regulations throughout the world in respect of group Charter eligibility.
  • THE Charterer undertakes that freight or passengers baggage will not contain anything of a dangerous, hazardous or offensive nature or of which the carriage, importation or exportation is prohibited by any country or state, which has to be crossed or entered. The Charterer shall also ensure that passengers are in possession of all documents enabling them to comply with all formalities and regulations whatsoever or wheresoever both in respect of themselves and their baggage and to be responsible for the payment of all dues or charges in connection with them.
  • THE Charterer shall pay to the Carrier, for all time spent in loading or unloading the aircraft in excess of the appropriate lay time specified in the schedule hereto, demurrage at the rate specified in the schedule to this agreement.
  • IF any flight contemplated under this agreement is cancelled by the Charterer the Charterer shall pay to the Carrier the applicable amounts as set out in the schedule hereto. The Charterer will hold the Carrier harmless and indemnified from any claims by the passengers, consignors or other persons having contracts with the Charterer or on whose behalf it has acted should such claims arise from cancellation by the Charterer.
  • ANY notice required to be given under this agreement shall be given  by delivering it at or by sending it by registered post to the address herein stated of the party to whom it is given if sent be registered post it shall be deemed to have been given on the day on which it would have been received in due course of post.
  • ANY dispute between the Carrier and the Charterer touching the construction or effect of this agreement on the rights or liabilities of the parties hereunder or any matter arising out of the same or connected herewith shall be referred to a single arbitrator to be agreed between the parties or in default of agreement to be nominated by the president of the law society upon the application of either party.
  • THIS agreement shall be constructed and take effect according to the Law of  South Africa