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Aircraft Rental and Services Agreement

Cessna 172N - Wet Hire | CASA & NSW Compliant

Please review the full rental agreement before accepting. This agreement applies to aircraft rental and related services provided by OZ Rent A Plane.

Last updated: Current version

1

PARTIES

This Agreement is between:

JAM Aviation Pty Ltd (ACN: 695 639 555), trading as OZ Rent A Plane (Owner)

AND

Renter / Hirer (Renter)

2

LEASE & ACCEPTANCE OF AIRCRAFT

2.1 The Owner rents the Aircraft to the Renter on a non-exclusive, per-flight basis.

2.2 Prior to each flight, the Renter must conduct a full pre-flight inspection.

2.3 Acceptance Clause (Critical): Acceptance of the Aircraft by the Renter constitutes confirmation that:

  • The Aircraft is airworthy
  • The Aircraft is in good mechanical condition
  • The Renter is satisfied it is fit for intended flight

2.4 The Aircraft must be returned in the same condition, fair wear and tear excepted.

3

TERM

3.1 This Agreement applies to all rentals from the Effective Date until:

  • Terminated by the Owner; or
  • Replaced by a new agreement
4

OPERATIONAL CONTROL & CASA COMPLIANCE

4.1 The Aircraft is under the operational control of the Pilot in Command (Renter).

4.2 The Renter must comply with:

  • Civil Aviation Act 1988 (Cth)
  • CASR & CAR
  • CASA directions
  • AIP, ERSA, NOTAMs

4.3 The Renter must:

  • Operate within licence privileges
  • Maintain recency (CASR Part 61)
  • Not permit unauthorised pilots
5

OPERATIONAL REQUIREMENTS

The Renter agrees to:

  • Conduct all flights using approved checklists
  • Review weather (METAR/TAF) and NOTAMs
  • Complete weight & balance calculations
  • Ensure fuel planning compliance
  • Secure aircraft when unattended

Flight Planning:

  • Flight plan or SARTIME must be used where required under CASA rules

Passengers:

  • Renter is responsible for passenger safety briefings
6

OPERATING LIMITATIONS

  • Base Airport: YSBK (Bankstown Airport, NSW)
  • NSW operations only unless approved
  • Hard surface runways only unless approved
  • VFR Day/Night only unless IFR certified and authorised

Crosswind Limitation:

  • Crosswind component must not exceed the published aircraft limitations in the approved Flight Manual/POH and any lower limits imposed by the Owner or insurer.
7

PROHIBITED USES

The Aircraft must NOT be used for:

  • Illegal purposes
  • Charter or hire and reward
  • Flight training (unless approved)
  • Aerobatics
  • Formation flying
  • Operations outside CASA approvals
8

RENTAL RATES & PAYMENT

  • $330/hr VDO (wet)

Minimum Usage:

  • A minimum charge of 4 hours applies where the Renter retains the Aircraft for a continuous 24-hour period
  • The Owner may, at its discretion, review and vary the 4-hour minimum on a case-by-case basis

Payment:

  • Due on return
  • Based on Flight Records Page and aircraft hour meters

Late Payment:

  • Any charges due and owing hereunder, if not paid within seven (7) days, shall bear interest at the rate of 1% per month, or the highest rate allowable by law, whichever is less
9

ADDITIONAL EXPENSES

Renter liable for:

  • Landing fees
  • Parking, tie-down or hangar fees, including overnight parking/hangar when outside the home base
  • Aircraft recovery costs if stranded

Renter liable for:

  • Landing fees
  • Parking/hangar
  • Aircraft recovery costs if stranded
10

FUEL POLICY

The parties acknowledge and agree that all Aircraft are rented to the Renter "wet" (i.e., with fuel).

In the event that the Renter is required to purchase additional fuel during any rental, upon return of the Aircraft and provision of valid evidence of such fuel purchase, the Owner shall credit the Renter at the Owner’s then applicable published fuel credit rate.

Such credit shall be applied on account and offset against charges due to the Owner for future flights by the Renter.

11

INSURANCE & LIABILITY

  • Excess: $1,200
  • Renter liable for uninsured losses

Insurance Void If:

  • CASA breach
  • Agreement breach
  • Negligence or unlawful use
12

INDEMNITY

The Renter indemnifies the Owner against:

  • Injury or death
  • Property damage
  • Legal costs
  • Aircraft damage

Arising from use or breach of this Agreement.

13

DAMAGE, INCIDENTS & DOWNTIME

  • Immediate reporting required
  • Renter liable for repair + downtime loss
14

CANCELLATION POLICY

  • <24 hrs: $100
  • No-show: $100
15

CLEANING, SMOKING & PETS

15.1 The Aircraft must be returned in a clean and tidy condition.

15.2 Smoking is strictly prohibited in or around the Aircraft.

15.3 Pets or animals are not permitted unless prior written approval is obtained from the Owner.

15.4 Where the Aircraft is returned in an unclean condition, or where smoking or unauthorised animals have resulted in cleaning requirements, the Owner may charge:

  • Cleaning fees
  • Detailing costs
  • Downtime costs if the Aircraft is unavailable for subsequent bookings
16

PILOT QUALIFICATION & DOCUMENTATION

Renter must provide:

  • Licence
  • Medical
  • ID
  • Flight history (if requested)

All information must remain current and accurate.

16

MULTI-AIRCRAFT CLAUSE

Agreement applies to all aircraft in fleet subject to approval and training.

17

IFR / GPS UPGRADE

IFR operations only permitted if:

  • Aircraft certified
  • Pilot rated
  • Owner approval given
18

DIGITAL RECORDS & SIGNATURES

Electronic forms and signatures are legally binding.

19

RISK ACKNOWLEDGEMENT

The Renter acknowledges aviation risk and accepts full responsibility as PIC.

20

GOVERNING LAW

This Agreement is governed by the laws of New South Wales and Australia.

SCHEDULES

  • Pilot Competency Matrix
  • Pre-Flight Checklist
  • Damage Reporting Flow
  • Digital Forms Workflow
21

RISK OF LOSS & RESPONSIBILITY

21.1 The Renter is liable for any loss of or damage to the Aircraft while it is in the Renter’s possession or operational control, including but not limited to:

  • Accidents or incidents
  • Third-party acts
  • Weather or environmental events (including acts of God)

21.2 The Owner strongly recommends the Renter obtain pilot renter’s insurance.

21.3 To the extent permitted by law, the Renter acknowledges:

  • Their insurance is primary
  • The Owner’s insurance is not intended to respond to the Renter’s liabilities

21.4 The Renter is responsible for all costs required to restore the Aircraft to its pre-rental condition (fair wear and tear excepted).

21.5 In the event of:

  • Damage
  • Malfunction
  • Incident

The Renter must immediately notify the Owner and comply with CASA and ATSB reporting requirements.

21.6 The Owner is not liable for:

  • Accommodation
  • Transport
  • Meals
  • Alternative travel costs

arising from aircraft unserviceability.

22

ALTERATIONS

22.1 The Renter must not modify, alter, or install equipment on the Aircraft without prior written approval.

22.2 Any approved modification becomes the property of the Owner.

23

MISCELLANEOUS

23.1 Entire Agreement

This Agreement constitutes the entire agreement and supersedes all prior arrangements.

23.2 Governing Law

This Agreement is governed by the laws of New South Wales, Australia.

23.3 Dispute Resolution (Australian Adaptation)

Parties agree to attempt resolution via good faith negotiation and mediation in NSW prior to litigation.

23.4 Waiver

Failure to enforce a provision does not waive future enforcement.

23.5 Severability

Invalid provisions do not affect the remainder of the Agreement.

23.6 Legal Costs

The prevailing party may recover reasonable legal costs to the extent permitted by law.

23.7 Counterparts & Electronic Execution

This Agreement may be executed electronically and in counterparts, each forming one agreement.

23.8 Survival

Clauses relating to liability, indemnity, payment, and risk survive termination.

24

ACKNOWLEDGEMENT OF WAIVER OF JURY TRIAL (AUSTRALIAN CONTEXT)

24.1 The parties acknowledge that jury trials are generally not applicable in Australian civil contract disputes.

24.2 To the extent applicable, parties agree disputes will be resolved by a judge in a court of competent jurisdiction in NSW.

End of Agreement