FALKLANDS HELICOPTER SERVICES
TERMS AND CONDITIONS
In these Terms and Conditions; the expressions “we”, “us” and “our” mean Falklands Helicopter Services Limited, whose registered office is at 32 Goss Road, Stanley, Falkland Islands (Registered company number 15815), and “you” and “your” refer to any person with a valid reservation who is to be carried or is carried on our services.
These Terms and Conditions will apply to all flights we operate and to any case where we have a legal liability to you in relation to your flight. Your attention is drawn in particular to Clauses 15 to 17 below.
If these Terms and Conditions are inconsistent with the laws which apply to your contract of carriage with us as set out in Clauses 15 and 17 below, those laws will apply. If any provision of these Terms and Conditions is invalid, the other provisions of these Terms and Conditions will remain valid.
The operation of our services, and the carriage of passengers on our services, is at all times at the discretion of the pilot in command, whose word on any such matter will be final. The pilot in command is at all times entitled to take any measure the pilot deems reasonably necessary for safety reasons, including cancellation of any flight.
Should your booking need to be cancelled due to unsuitable weather conditions, or owing to technical issues, we will inform you of this as soon as we can. We will endeavour to re-schedule your booking at no extra cost if we were forced to cancel your flight due to adverse weather conditions or technical issues. We recommend that you call the day before your booking to confirm the weather will be suitable the next day and that the flight is still planned to go ahead.
Passengers must weigh no more than 120kg (approximately 18 stones and 12 pounds) at the time of the flight. We will do our best to cater for people above 120kg. However, we cannot guarantee that this will be possible all of the time.
Any person under the age of 16 must be accompanied by an adult at all times, including on board the helicopter.
Alcohol, Drugs and Anti-Social Behaviour
Persons under the influence of alcohol and/or drugs are not permitted to take part in any of our flights. We reserve the right to refuse flights to those who we suspect to be under the influence of alcohol and/or drugs. We reserve the right to refuse flights to passengers deemed to be either not fit to fly, or not behaving in an acceptable manner. If we refuse to fly you as a result of your being under the influence of alcohol and/or drugs, or because you are deemed not to be behaving in an acceptable manner, you will not be entitled to any refund. Smoking is prohibited on all our flights.
The nature of any disability should be declared at the time of booking as operational restrictions may apply, depending on the nature of the disability. Any disabled passengers may be required to have a carer with them at all times, including on board the helicopter. Please call us for specific details.
No baggage, other than a day pack weighing no more than 5 kilograms, may be taken on board the helicopter, unless permission to carry any additional baggage has been has been sought in advance and is approved by the pilot. The carriage and use of cameras, smart phones, tablets etc.is at the discretion of the pilot in command, whose directions in this regard will be final. No refreshments (food and drink) may be consumed on board the helicopter at any time other than water.
Low Demand – Shared Flights
Shared flights are subject to a minimum number of seats being sold. In the event of low demand for your selected flight, we will attempt to contact you a minimum of 24 hours before departure. We will offer you the option of either purchasing additional seats up to the required minimum number or rescheduling your flight date and time.
Booking, Cancellation, and Flight Vouchers
You must pay a deposit of 20% of a passenger fee to confirm a booking. This deposit will be refunded on cancellation except in the following circumstances. Any cancellation made less than 7 days before the flight will not be refunded, unless the only reason for the cancellation is the failure of the cruise ship on which you intend visiting the Falkland Islands to enter port at Stanley on the day of the scheduled flight. A flight voucher may be used to confirm a booking. A flight voucher is non-refundable. However, you may use a voucher to book another flight if you cancel more than 7 days in advance of the flight originally booked with the voucher.
Where for reasons beyond our control it would be inadvisable, commercially impracticable, illegal or impossible to operate your flight, we will not be in breach of our obligations under these Terms and Conditions or incur liability to you for any losses or damages of any nature whatsoever incurred or suffered by you. Force Majeure events include, as a non-exhaustive list:
- acts of God;
- war (whether war be declared or not), hostilities, invasion, acts of foreign enemies, terrorism or civil disorder;
- strikes or industrial action, blockade or embargo;
- closure of airspace.
These Terms and Conditions represent the entire agreement between us and you. You acknowledge that no representations, inducements, promises or agreements, oral or otherwise, have been made by us or any person acting on our behalf, which are not embodied in these Terms and Conditions. You also acknowledge that any agreement, statement or promise which is not contained in these Terms and Conditions is not valid, binding or of any force or effect.
Liability and Governing Law
Our Liability to you during your carriage by air, including operations of embarkation and disembarkation, is governed by the Carriage by Air (Application of Provisions)(Overseas Territories) Order 1967 (‘the Order’). The Order governs, and in most cases limits, our liability to you in the event of death or personal injury, as well as damage to or loss of personal possessions.
In all other cases, we will have no liability to you in the event of death, personal injury or damage to or loss of personal possessions unless caused by the negligence of ourselves, our servants or agents. In respect of damage to personal possessions, our liability to you is limited to a refund of the cost of your Booking.
The law applicable to these Terms and Conditions, to your booking and to your flight, is the law of the Falkland Islands. Any dispute arising out of these Terms and Conditions, or out of your flight, is subject to the exclusive jurisdiction of the Supreme Court of the Falkland Islands.