Terms & Conditions

1.1 "Aircraft" means any Fixed-Wing aircraft (piston, turboprop, or jet) and/or Rotary-Wing aircraft (helicopter) operated or sub-contracted by the Company.

1.2 "Charter Flight" means a Non-Scheduled Air Transport operation under DGCA AOC for the carriage of passengers, cargo, or mail on a point-to-point basis.

1.3 "Charterer" means the individual, company, or entity entering into this Agreement for the hire of an aircraft.

1.4 "Passenger(s)" means any person(s) carried in the aircraft whose names are listed in the passenger manifest.

1.5 "DGCA" means the Directorate General of Civil Aviation, Government of India.

1.6 "MoCA" means the Ministry of Civil Aviation, Government of India.

1.7 "AOC" means Air Operator Certificate issued by DGCA authorising the Company to conduct Non-Scheduled Air Transport Services.

1.8 "Applicable Law" means the Aircraft Act 1934, Aircraft Rules 1937, Carriage by Air Act 1972 (as amended), the Consumer Protection Act 2019, and all DGCA CARs and notifications as amended from time to time.

1.9 "Force Majeure" means any event beyond the reasonable control of the Company including but not limited to acts of God, war, civil commotion, government orders, ATC restrictions, adverse weather, technical unserviceability, or epidemics.

2.1 A charter booking shall be considered confirmed only upon: (a) receipt of a signed Charter Agreement or written acceptance of the Quotation; and (b) receipt of the required advance payment as stipulated in Section 5.

2.2 The Company reserves the right to decline any booking without assigning reasons, in accordance with applicable aviation security and regulatory requirements.

2.3 All bookings are subject to aircraft availability, DGCA-approved flight permits, ATC slot availability, and applicable regulatory clearances.

2.4 Any verbal or email confirmation is provisional until the advance payment is received and a formal charter confirmation letter is issued by the Company.

2.5 The Charterer is responsible for providing accurate passenger details, travel documents, and cargo/baggage information at least 24 hours before departure for Fixed-Wing and at least 12 hours for Rotary-Wing operations.

3.1 The Company holds and shall maintain a valid AOC issued by DGCA for Non-Scheduled Air Transport Services (NSOP) in accordance with CAR Series M Part II. All operations shall be conducted in strict compliance with DGCA regulations.

3.2 For international charter flights, requisite diplomatic and overflight clearances shall be obtained by the Company or through the Charterer's designated handler as mutually agreed. Additional costs shall be borne by the Charterer.

3.3 All aircraft shall be maintained in an airworthy condition as per DGCA CAR Section 2 Series F and CAMO regulations.

3.4 Operations into restricted, controlled, or sensitive airspace require prior permission from the appropriate authority (MoCA, Ministry of Defence, AAI, or State Governments). The Company shall not be liable for refusals or delays in grant of such permissions.

3.5 All crew members shall hold valid licences, ratings, and medical certificates issued or validated by DGCA as required under Aircraft Rules 1937.

3.6 The Company's operations shall comply with BCAS requirements, Aircraft Security Rules, and applicable Anti-Hijacking Act provisions.

4.1 In accordance with Section 10 of the Aircraft Rules, 1937, the Pilot-in-Command (PIC) shall have absolute authority over the operation of the aircraft. The PIC's decisions regarding flight safety shall be final and binding.

4.2 The PIC may, at their sole discretion, refuse to carry any passenger or cargo deemed to pose a safety or security risk, alter the flight plan, divert to an alternate aerodrome, or cancel/delay a flight on safety, weather, or technical grounds.

4.3 No instruction from the Charterer, passengers, or any third party shall override the authority of the Pilot-in-Command with respect to safety-of-flight matters.

4.4 Any costs arising from diversions, delays, or cancellations initiated by the PIC on safety grounds shall not entitle the Charterer to any refund, except as provided under Section 6.

5.1 Charter charges are calculated based on flight hours, aircraft type, sector, applicable landing/parking/navigation fees, crew allowances, GST, and any additional services requested.

5.2 Unless otherwise specified, an advance payment of 50% of the total estimated charter value is required at booking confirmation. The balance shall be paid no later than 48 hours prior to departure for domestic charters and 72 hours for international charters.

5.3 All charges are exclusive of GST and other applicable taxes, which shall be charged at prevailing statutory rates as per the GST Act, 2017. The Charterer shall bear all applicable taxes including GST, passenger service fees, and airport charges.

5.4 Payments may be made via RTGS/NEFT bank transfer, demand draft, or any other mode mutually agreed in writing. Cash payments shall not be accepted for amounts exceeding the limit prescribed under the Income Tax Act, 1961.

5.5 In the event of delayed payments, the Company reserves the right to charge interest at 18% per annum on overdue amounts, and/or to refuse operations until full payment is received.

5.6 Any additional charges arising during the charter (e.g., extended waiting time, additional sectors, repositioning fees) shall be invoiced post-flight and payable within 7 business days of invoice date.

The following cancellation schedule applies for Fixed-Wing operations:

6.2 For Rotary-Wing (Helicopter) operations, the same cancellation schedule applies. For HEMS (Helicopter Emergency Medical Services), special terms shall apply as agreed separately.

6.3 Cancellations initiated by the Company due to Force Majeure, technical unserviceability, or regulatory grounds shall entitle the Charterer to a full refund of amounts paid, minus non-recoverable third-party costs.

6.4 Any amendment to flight date, routing, or passenger count must be notified in writing. Amendment fees may apply. Changes made within 24 hours of departure may be treated as a cancellation.

7.1 Typical baggage allowances: Fixed-Wing — 15 kg checked + 5 kg cabin; Rotary-Wing — 5 kg per person. Weight limits are strictly enforced per aircraft performance requirements.

7.2 The payload and passenger count for each flight are subject to aircraft performance calculations, meteorological conditions, aerodrome limitations, and DGCA restrictions. The Company reserves the right to offload baggage or limit passenger numbers accordingly.

7.3 Dangerous goods (as classified under DGCA CAR Section 2 Series X and ICAO Technical Instructions) are strictly prohibited unless prior written approval and appropriate DG Declaration is obtained.

7.4 Firearms and ammunition may only be carried with prior written consent and all statutory permissions under the Arms Act, 1959 and BCAS regulations.

7.5 Excess baggage, if accepted, shall be charged at rates specified in the Quotation or as communicated at the time of acceptance.

8.1 All passengers must carry valid government-issued photo identification (Aadhaar, Passport, Voter ID, PAN, or Driving Licence) and present it for verification before boarding. Foreign nationals must carry a valid Passport with appropriate visa.

8.2 Passengers must submit to all security checks as required under BCAS regulations. Refusal to comply may result in denial of boarding.

8.3 Passengers are required to report to the designated departure point at the time specified by the Company. The Company shall not be liable for any missed flights due to late arrival.

8.4 Any passenger exhibiting behaviour that is disorderly, threatening, intoxicated, or otherwise deemed unsafe shall be denied boarding or removed from the aircraft. No refund shall be due in such cases.

8.5 Smoking is strictly prohibited on board all aircraft. Use of electronic cigarettes, vaping devices, or any form of open flame is also prohibited.

8.6 Use of mobile phones and electronic devices is subject to crew instructions. All devices must be set to flight mode or switched off when instructed by the PIC or crew.

9.1 The Company's liability to passengers for death, injury, and baggage loss or damage shall be governed by the Carriage by Air Act, 1972 (incorporating the Warsaw Convention as amended by Hague Protocol) for international carriage, and by applicable Indian law for domestic carriage.

9.2 The Company shall maintain third-party liability insurance and passenger liability insurance as mandated by DGCA. Certificate of insurance shall be provided upon written request.

9.3 The Company shall not be liable for any loss, delay, or damage arising from: (a) Force Majeure events; (b) compliance with ATC, DGCA, or Government orders; (c) acts or omissions of the Charterer or passengers; (d) late delivery of accurate passenger/cargo information.

9.4 In no event shall the Company's aggregate liability exceed the total charter value paid by the Charterer for the flight in question, except where prohibited by mandatory applicable law.

9.5 The Charterer shall indemnify and hold harmless the Company, its directors, employees, pilots, and crew from any claim, loss, or damage arising from: (a) misrepresentation or breach of Applicable Law by the Charterer; (b) carriage of prohibited goods; or (c) misconduct by passengers introduced by the Charterer.

10.1 All fixed-wing charter operations are conducted in compliance with DGCA CAR-OPS 3 (Non-Scheduled), applicable Air Navigation Orders, and Aeronautical Information Publications (AIP India) issued by AAI.

10.2 Minimum flight hours may apply per sector depending on aircraft type and operational costs. The Charterer agrees to pay for minimum quoted hours where actual flight time is less.

10.3 Positioning (ferry) flights required to operate the Charterer's requested routing shall be charged at a reduced rate as specified in the Quotation.

10.4 Night operations for fixed-wing aircraft at non-NIF (Night Infrastructure Facility) certified aerodromes are subject to AAI and DGCA approvals and may attract additional charges.

10.5 The Company shall adhere to all crew duty and rest time limitations as prescribed under DGCA CAR-OPS FTL (Flight Time Limitations) regulations. Extended duty operations due to Charterer-initiated delays shall not override these mandatory rest requirements.

11.1 All rotary-wing operations shall be conducted in compliance with DGCA CAR Series M Part II and applicable helicopter-specific airspace and operating procedures.

11.2 Helicopter operations are subject to greater weather dependency than fixed-wing operations. Flights may be delayed, re-routed, or cancelled on meteorological grounds including low visibility, low cloud ceiling, high winds, icing, and turbulence. No liability shall attach to the Company for such delays.

11.3 The Charterer shall ensure that any Charterer-designated landing zone is safe, obstacle-free, of adequate dimensions, and compliant with DGCA/ICAO helipad requirements. The PIC's assessment of LZ suitability shall be final.

11.4 Non-AAI helipad operations require prior approval under applicable DGCA and MoCA guidelines. The Charterer shall assist in obtaining NOCs from local authorities where required.

11.5 External load operations (sling load, underslung load) require separate operational approvals and shall be subject to a distinct agreement and charges.

11.6 Medical evacuation (MEDEVAC/HEMS) operations shall be prioritised and are subject to separate DGCA HEMS authorisation and protocols. Standard charter T&C may be superseded in emergency contexts.

11.7 Altitude, temperature, and humidity (High, Hot, and Humid — 3H conditions) significantly impact helicopter performance. Flight parameters shall be adjusted at the PIC's discretion, which may include reduction in payload.

12.1 Aviation is subject to weather and operational variables beyond the Company's control. The Company shall use reasonable efforts to operate flights as scheduled, but does not guarantee departure or arrival times.

12.2 In the event of a delay or cancellation attributable to weather, ATC restrictions, NOTAM-triggered airspace closures, or technical factors, the Company shall inform the Charterer at the earliest opportunity and endeavour to offer the next available departure slot.

12.3 Waiting charges shall apply where the aircraft is held on the ground due to reasons attributable to the Charterer. Waiting rates are as specified in the Quotation.

12.4 Where a flight must be diverted or lands at an alternate aerodrome due to operational reasons, ground transportation, hotel accommodation, or onward arrangements shall be the Charterer's responsibility unless expressly agreed otherwise.

13.1 The Company collects, processes, and retains personal data (including passenger names, contact details, passport/ID information, and health data where applicable) for the purposes of flight operations, regulatory compliance, and security checks.

13.2 Data collection and processing are carried out in compliance with the Information Technology Act, 2000, applicable DGCA security regulations, and India's Personal Data Protection framework. Passenger data may be shared with AAI, BCAS, DGCA, Immigration, and other regulatory authorities as required by law.

13.3 The Charterer warrants that all passengers have consented to the sharing of their personal data with the Company and regulatory authorities for the purposes of this charter flight.

14.1 All documents, quotations, flight plans, logos, and materials provided by the Company are proprietary and confidential. The Charterer shall not disclose, reproduce, or use such materials without prior written consent.

14.2 The AVIARA AVIATION brand, logo, and trade name are registered trademarks of AVIARA AVIATION Pvt. Ltd. Unauthorised use is prohibited.

15.1 These T&C and all disputes arising thereunder shall be governed by and construed in accordance with the laws of India, including the Carriage by Air Act, 1972, the Aircraft Act, 1934, and the Indian Contract Act, 1872.

15.2 The parties shall endeavour to resolve any dispute through good-faith negotiation within 30 days of notice of dispute. If unresolved, the matter shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually agreed upon.

15.3 The seat of arbitration shall be Jaipur, India. Proceedings shall be conducted in the English language. The arbitral award shall be final and binding.

15.4 Subject to arbitration, the courts of Jaipur, India shall have exclusive jurisdiction over any proceedings relating to this Agreement.

15.5 Nothing in this clause shall prevent either party from seeking interim injunctive relief from a competent court pending arbitration.

16.1 The Company reserves the right to amend these Terms and Conditions from time to time in compliance with DGCA or regulatory changes. Updated T&C shall be posted on the Company's website and effective immediately upon publication unless otherwise stated.

16.2 No waiver by either party of any breach of these T&C shall be construed as a waiver of any subsequent breach or as affecting any other right.

16.3 If any provision of these T&C is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

The following regulations and statutes are incorporated by reference and govern AVIARA AVIATION Pvt. Ltd.'s operations:

• ▸Aircraft Act, 1934 — Principal legislation governing civil aviation in India
• ▸Aircraft Rules, 1937 — Rules governing aircraft operations, licencing, and airworthiness
• ▸Carriage by Air Act, 1972 — Passenger and cargo liability framework
• ▸DGCA CAR Series M Part II — Non-Scheduled Air Transport (NSOP) operational requirements
• ▸DGCA CAR Section 2 Series B — Airworthiness and maintenance standards
• ▸DGCA CAR Section 7 Series M — Flight crew licensing requirements
• ▸DGCA CAR Section 2 Series X — Dangerous goods regulations
• ▸BCAS Aviation Security Regulations — Security protocols for passengers and cargo
• ▸Anti-Hijacking Act, 2016 — Unlawful interference prevention
• ▸Arms Act, 1959 — Carriage of weapons
• ▸Customs Act, 1962 — International cargo and passenger declarations
• ▸Foreigners Act, 1946 — Foreign national passenger requirements
• ▸GST Act, 2017 — Tax obligations on charter services
• ▸Consumer Protection Act, 2019 — Applicable consumer rights provisions
• ▸Information Technology Act, 2000 — Data protection compliance
• ▸Arbitration and Conciliation Act, 1996 — Dispute resolution

By proceeding with a booking, signing a Charter Agreement, or making any payment to AVIARA AVIATION Pvt. Ltd., the Charterer confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety, including on behalf of all passengers listed in the charter manifest.