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Terms & Conditions

Seaplane Safaris (Bahamas) Ltd. - Terms and Conditions

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The following are the Terms & Conditions applicable to all bookings with Seaplane Safaris (Bahamas) Ltd. (Herein referred to as The Carrier, Carrier, or Seaplane Safaris)

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1. Limitation of Liability for Injury or Death The Carrier shall not be responsible for any death, injury loss or claim of whatever nature arising out of or in connection with carriage or other service rendered unless such damage is proved to have been caused by the carrier and there has been no contributory negligence of the passengers.

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2. Liability Cap for Injury or Death In any event, liability of the carrier for death or injury of a passenger shall not exceed $25,000,000 USD per incident.

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3. Force Majeure and Incomplete Flights The Carrier shall have no responsibility or liability for any loss, damage, expense, mechanics, delay or prevention of the completion of any flight resulting from force majeure (including, but not limited to, acts or omissions of governmental or regulatory authorities, including the Civil Aviation Authority Bahamas (CAAB), legal process, sanctions, quarantine restrictions, fire, fog, flood, severe weather, riots or civil commotions, strikes, ATC delays, compliance with government laws or regulations or such things of similar nature beyond the control of the carrier. If carrier is unable to perform or complete the flight due to such, it shall be under no liability or obligation other than the refund of the proportionate part of the price pro-rated to the distance remaining unflown. If a flight does not reach its destination due to weather, charges apply to any destination reached and return flight of the aircraft and crew (with or without passengers) to its home base.

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4. Non-Liability for Indirect Losses Carrier shall not be liable for any pecuniary loss or damage whatsoever or howsoever arising from mechanical, weather or other issues. This includes missed connections on other airlines or other charter operators.

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5. Carrier's Operational Discretion Carrier shall be in complete control of the aircraft at all times and shall have complete discretion to determine what loads shall be carried or not carried, the stowage and distribution of such load, where landing shall be made and not made, and all other matters relating to the operation of the aircraft. Seaplane Safaris may, at its discretion, remove any passenger whose mental or physical demeanor is considered to jeopardize the flight or are a nuisance including being drunk or under the influence of a controlled substance. No refund of any portion of the fare shall be given. Passengers shall comply at all times with instructions given by the Carrier’s crew in accordance with Bahamas Aviation Security Regulations.

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6. Charter Rates and Utilization Our charter rates are for one-way travel unless customer advises carrier at time of booking that aircraft will be utilised in both directions. Carrier reserves the right to utilise, without refund, of any portion of the charter price, any unused portion of the charter space and/or payload.

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7. Passenger Valuables Carrier shall not be liable for loss of money, bullion, bonds, coupons, jewellery, precious stones, paintings, antiques or valuable papers. Passengers are advised to ensure their valuables are adequately insured at their own expense, as the Carrier does not provide any such insurance coverage.

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8. Agreement Scope and Agency This agreement is entered into by the charterer both on his behalf and as agent for persons and the owners of all goods carried in the aircraft.

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9. No Alteration of Agreement by Representatives No servant or agent or representative of the carrier has authority to alter, modify or waive any provisions of this agreement.

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10. Refunds and Cancellations Refunds vary according to the following customer cancellation timescales:

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  • More than 14 days before date of flight - Full refund applies, less any Credit Card processing fees.

  • Within 14 days of flight - No refund, but charterer has the option to transfer the flight to another date, within 6 months of the original booking, subject to availability and a re-booking fee.

  • Within 7 days of flight - No refund applies.

  • Bookings which fall over holidays and holiday weekends may not be cancelled, which includes, but is not limited to, Christmas, New Year, Easter and Thanksgiving.

  • If we have to cancel the flight due to weather, technical issues, or other circumstances beyond our control, then we will issue you a full refund to the payment method originally used.

  • Once the first leg of a multi-leg charter has been flown, the remaining legs are non refundable. The remaining flights may be changed, based on availability, or upgraded for an additional fee, however, they are non-refundable.

  • If, in the sole judgment of the aircraft Captain, weather conditions, winds, waves, or other environmental factors are deemed unsafe for a water landing at the intended destination, Seaplane Safaris reserves the absolute right to divert the aircraft to the nearest suitable airport or alternate landing site. Under these circumstances, passengers acknowledge and agree that no refund, partial or otherwise, shall be offered, and the Carrier's responsibility shall be limited solely to safely transporting passengers to such alternate landing location.

  • Cancellations are not in effect until we issue a written cancellation acknowledgement. Written cancellation acknowledgment shall be via email from an official Carrier address or a signed company-issued document.

 

11. Payment Requirements All flights shall be prepaid. Failure to prepay within the stipulated time may result in automatic cancellation of booking without further notice or liability.

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12. Lead Passenger Protocol There shall be one lead passenger per flight. Payment will be accepted from the lead passenger only. All correspondence shall be made through the lead passenger.

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13. Responsibility for APIS Information Where applicable, the charterer shall be responsible for ensuring that all APIS information submitted to Seaplane Safaris is correct. The Charterer warrants the accuracy and completeness of APIS information supplied in compliance with U.S. Customs and Border Protection regulations. Should a fine be levied by U.S. Customs and Border protection against Seaplane Safaris for submitting incorrect data supplied by the passenger, the fine shall be passed on to the charterer.

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14. Mechanical Issues and Substitute Transportation Seaplane Safaris is not liable for expenses incurred for replacement transportation in the event the flight is interrupted due to any mechanical or other problems the plane may have either before or during the flight, (in such cases our charges apply only on portions of flight completed). Seaplane Safaris may, at its option, provide substitute transportation, in which case, the charterer shall hold harmless and shall indemnify Seaplane Safaris against any and all losses. Provision of substitute transportation shall be entirely at the Carrier’s discretion. Carrier reserves the right to refuse provision without incurring liability beyond refund of unused portions.

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15. Flight Crew All flights are two pilot operations.

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16. Reimbursement of Landing Permits All landing permits paid for by the carrier shall be reimbursed by the charterer regardless of any cancellation of the flight for any reason whatsoever.

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17. Currency Policy All currencies are quoted and to be paid in Bahamian Dollars. Any charges or discounts due to exchange of currency and/or bank transfer fees are to be paid by the charterer.

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18. Dispute Resolution and Arbitration All disputes shall be governed by the Arbitration Act of The Bahamas. Arbitration proceedings shall take place in Nassau, Bahamas. Litigation in Bahamian courts shall only proceed if arbitration fails to achieve resolution. Any judgment issued shall be enforceable exclusively in the courts of the Commonwealth of The Bahamas. Prior to any litigation being filed, the parties shall first submit to arbitration within 60 days of notice of a claim to either party. Each party shall choose one arbitrator who shall in turn choose a third arbitrator. All arbitrators are to be Bahamian nationals and 20 years of age or older and not any blood or legal relationship to any of the parties. A majority of the arbitrators is needed for a decision and for which the parties shall be bound. Litigation is to be only if the arbitrators cannot agree by majority. Each party is to pay their own attorney fees and court costs, as well as any such costs and fees resulting from the arbitration. The third arbitrator’s fees and costs are to be shared equally between the parties.

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19. Transferability of Bookings All flight bookings may not be transferred to any third party without the prior written consent of the carrier.

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20. Data Protection Compliance Carrier shall handle passenger personal data in compliance with the Data Protection (Privacy of Personal Information) Act of The Bahamas. Passengers agree to Carrier’s privacy policy when booking.

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21. Severability of Provisions If any provision of these Terms and Conditions is held invalid or unenforceable by a competent court, such invalidity shall not affect the remaining provisions, which shall remain fully enforceable.

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22. Indemnification Clause The charterer and passengers agree to indemnify and hold harmless Seaplane Safaris Ltd., its employees, agents, directors, and officers from any claims, liabilities, damages, or expenses arising directly or indirectly from any passenger’s negligence, misconduct, or breach of these terms.

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