Flight request terms and conditions

  1. ACCEPTANCE

The Association reserves the right to decline any Flight Request for any reason whatsoever.

  1. PILOT AVAILABILITY

The Associationā€™s ability to carry out a Flight Request is dependent on pilot availability. The Association relies on volunteer pilots to do the flying. Out of consideration to our pilots, the Association requests that you work with its office staff to accommodate their schedules.

  1. POST-FLIGHT REPORTS

The Association requires each beneficiary, within two weeks of a mission having been flown,

to submit to the Association a Post-Flight Report (as a Word document) together with Captioned Photographs (as individual JPEG files). Failure to submit the Post-Flight Report and Photos within two weeks of completion of a mission shall result in any future flight request being rejected.

  1. CONTRIBUTION TO THE BATELEURS

The Association is entirely dependent on donations in order to offer a ā€˜free of chargeā€™ aerial service. Accordingly, the Association will be grateful for any donations that may be made.

  1. MEDIA

The Association reserves the right to include any representatives of the media on any mission.

In the event that you, your organisation or any other party involved in this mission, issue a media release, including but not limited to printed, online and social media, detailing this mission, you agree to acknowledge the Association in same.

  1. COPYRIGHT

The copyright in and to all imagery (including, without limitation, film, video, digital and photographic imagery) taken during the mission shall vest jointly in yourselves and the Association, on the basis that ā€“

(i) you shall be entitled to use such imagery as you deem fit and for your own profit or reward; and

(ii) the Association shall be entitled to use such imagery as it deems fit and for its own profit or reward.

You agree to:

(iii) furnish the Association, free of charge, with a copy of the master, original or negatives, as the case may be, of the final product in relation to such imagery;

(iv) allow the Association, at its own cost, to make copies of any other imagery taken during the mission which is not included in the final product referred to above;

(v) provide the Association, within two weeks of a flight having taken place, with a written report and captioned photographs describing your flight objectives and findings. These will be used in our newsletters and various reports.

  1. INSURANCE

Please note that it is the responsibility of passenger/s to arrange appropriate insurance cover for any and all flights. Neither the Association nor the volunteer pilot member provides insurance cover for any passenger/s.

  1. CONTACTING PILOTS

All flight requests are to be directed to the Board of Directors of The Bateleurs by way of a duly completed Flight Request Form and not to individual Bateleurs pilots who are not members of the Board of Directors. You agree not to approach Bateleurs pilots for the purpose of making a Flight Request unless they are also members of the Board of Directors or unless this has been authorised by the Board of Directors.

  1. INDEMNITY AND WAIVER

In completing and submitting a Flight Request online form you hereby agree and acknowledge that:

  1. I am fully aware of the risks associated with aircraft and flying, including, but without limitation, low level, anti-poaching and night flying;
  2. I have requested the Association to fly a mission in terms of this Flight Request;
  3. I accept that the mission ultimately flown by the Association pursuant to this Flight Request may deviate from the details set out in this Flight Request;
  4. neither the Association, nor the directors, or members thereof (hereinafter collectively referred to as ā€œthe specified partiesā€) shall in any way whatsoever be liable to me for any loss, liability, damage or expense (including without limiting the generality of the foregoing, any damage caused at any time to me, or to my property (including, without limitation, the aircraft) or for any injury or loss of life sustained by me including special damages, and damages of a consequential nature, or for any loss suffered by me arising from the death of a passenger, of any nature whatsoever which I may suffer as a result of or which may be attributable to any act or omission (whether intentional, negligent, grossly negligent or otherwise) of any of the specified parties, and I release each of the specified parties against all such loss, liability, damage or expense;
  5. I hereby indemnify each of the specified parties against all loss, liability, damage and expense including legal costs on the scale as between attorney and client including disbursements incurred in defending any claim brought against any of the specified parties) of every nature whatsoever which any of the specified parties may suffer or incur at any time flowing from or which may be attributable to any claim or claims brought by me or any other third party as a result of the actions or omissions (whether intentional, negligent, grossly negligent or otherwise) of any of the specified parties;
  6. the rights of the specified parties under this indemnity shall in no way be affected or diminished if any of the specified parties at any time obtain additional surety-ships, guarantees, securities or indemnities from whatever source in connection with the subject matter hereof;
  7. each paragraph, word and clause in this indemnity is severable the one from the other and if any paragraph, clause or word is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs, clauses and words shall be of full force and effect and continue to be of full force and effect;
  8. the provisions hereof shall be binding upon my executor, estate, heirs, beneficiaries, trustees and administrators;
  9. in this indemnity, unless the context clearly indicates the contrary intention, an expression which denotes the singular includes the plural and vice versa;
  10. the validity, interpretation and construction of this indemnity or any matter arising out of the conclusion or termination hereof shall be governed by South African law and I consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court for all purposes in connection herewith.

AUTHORITY

If the Flight Request is made on behalf of a juristic entity, the person who submits the online form Flight Request warrants, by his submission, that he has authority to accept the terms and conditions on behalf of that juristic entity.

Please feel free to include any background information that would help us better understand your request. All Flight Requests are brought before the Board of Directors for review. After the Board of Directors has reviewed the information, we will contact you to discuss your request.

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