TERMS AND CONDITIONS OF CARRIAGE & PURCHASE OF SERVICES

Fly My Sky is herein after referred to as the Company.

CHECK IN REQUIREMENTS – Check in closes 30 minutes before the scheduled time of departure.  Failure to check in by this time may result in the Company allowing for a “no show” and booking another passenger onto that flight in their place.

EXPIRY OF TICKETS – Tickets will be valid for 12 months from date of issue, after which time they will be null and void.  No refunds will be provided after 12 months from date of issue.  Penalties may apply.  Current Multipass tickets have a 24 month validity from the date of purchase.

BAGGAGE – A limit of 15kg and no more than 2 pieces per person applies to air travel.  Please note baggage travels at owners risk.  Carriage of baggage and or excess on any flight is entirely at the discretion of the Company and its employees.  Excess baggage will incur an extra fee applicable to the route traveled.

FREIGHT/BIKES/DOGS/SURFBOARDS/FOOD/DIVEGEAR – Charges apply and must be booked with The Company and prepaid.   Items may have certain conditions imposed, which can be advised at the time of booking.

DANGEROUS GOODS – For safety reasons The Company reserves the right to “offload” items deemed a risk to passengers, aircraft and employees.

CHANGES AND CANCELLATIONS –   Any booking cancelled within 30 days of departure may incur other supplier cancellation fees if the booking is part of a package.  Changes can be made up to the day before the published departure time, an administration cost may be applicable.

REFUNDS – Any request for a refund must be done so in writing.  Any fare offered at a discounted rate to the standard fare may not be refundable and will be at the discretion of The Company.  Any fare cancelled on the day will be deemed non-refundable, non-changeable on the day of departure.

NO SHOWS – For bookings that have been made but not utilized i.e. “you did not show” or notify The Company the day before the scheduled departure time - no refund will apply.  Claims for refunds due to circumstances beyond the control of the passenger such as bereavement must be accompanied by a written statement with information confirming the circumbstances and submitted within 14 days of the departure date.  The Company may request evidence such as a copy of a death certificate to accompany the written statement.  No refunds will apply for services that are included in any package but not utilized.

FUEL SURCHARGE – A fuel surcharge may be added to fares.

TRAVEL/PRODUCT PRICES – These prices do not include any food or beverages, meals, snacks or refreshments unless specified.  Nor do they include excess baggage costs.

ADULT – An adult is classed as any person 12 years old and over.  Photo identification may be required at time of check-in.

CHILD – A child is classed as any person from 2 – 11 years old. Identification maybe asked for at time of check-in.

INFANT – An infant is classed as any person 0 – 23 months.  Please seek advice about air travel from a medical professional for any children less than 6 weeks old.  Identification maybe required at the time of check-in.

All prices are GST inclusive and priced in $NZ.

LIABILITY & RESPONSIBILITIES – Fly My Sky acts only as the booking agent for services and facilities other than the air transport section of the services provided.  The provision of these services is upon terms and conditions specified by the Supplier of these services.

Fly My Sky shall not be liable for any loss, damage, injury, death, delay, inconvenience, cost or expense whatsoever, sustained, occasioned or incurred arising out of or in connection with the purchaser’s use or participation in any service in which the Company is not a provider of theservice.

Fly My Sky will not be liable for any loss of or damage to purchase’s personal property, ill health, delays or disruptions, or changes in transport schedules or services.

To the best of their information and belief based on details furnished by the Suppliers of the Services, Fly My Sky understand the descriptions of Services supplied to be true and correct as at the time of supplying of the information and can accept no responsibility for changes to Services that subsequently occur.

Carriage by air with or without any other Services is upon and subject to Conditions of Carriage, NZ laws, and proceedings for death or injury occurring by accident is excluded by the operation of the Accident Rehabilitation and Compensation Insurance Act 1992 which provides limited statutory entitlements in replacement of common law rights of recovery.  In other cases the Company’s liability is limited to loss or damage sustained by passengers as a result of its negligence or that of its employees and subject to the limitations imposed by Section 9B of the Civil Aviation Act.

The Company does not accept liability in contract or in tort for any damage, loss, delay, additional expense or inconvenience caused directly or indirectly by force majoure or other events which are beyond its control, or which are not preventable by reasonable diligence on its part, including but not limited to, war, civil disturbance, fire, floods, atypical weather conditions, acts of God, acts of government or other authorities, accidents to or failure of machinery or equipment or industrial action.

The Company reserves the right to change fares before payment and without notice.  The Company reserves the right to change, cancel or withdraw any bookings made for a passenger or decline to accept or retain any person on any flight or package. And further shall be under no obligation to any person as a result of any inaccuracy, mis-description or changes to any itinerary, or for losses or additional expenses due to delays in air or other transport services, sickness, weather, quarantine, or other causes such as a bereavement.

The traveler acknowledges, that once payment for any travel and or package has been confirmed, that their travel and any other services offered were based on these terms and conditions and it is the travelers’ responsibility to read and understand the terms offered, booking conditions and responsibilities before the booking is made.  The traveler acknowledges that The Company is under no obligation to refer to the terms and conditions at the time of booking but have them available if requested.

If any portion of the above conditions is inconsistent with or breaches any applicable law it shall be void and of no effect.  Where the purchase acquires or holds himself/herself out as acquiring Fly My Sky services of any of the Services herein for business purposes, the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to the supply of any of those services and The Company will not be liable for any resulting loss or damage including any consequential loss or damage howsoever caused.

Any claim arising out of the provision of services by Fly My Sky will be governed only by the laws of New Zealand.

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