1. About these Terms
These Terms of Service ("Terms") govern your access to and use of the SkyCatcher website, application and related services (the "Platform"), operated by SkyCatcher Pty Ltd (ABN 29 680 039 025) ("SkyCatcher", "we", "us" or "our").
By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
Where you use the Platform as an aircraft owner, Flight Instructor or other Supplier, you must also accept the applicable SkyCatcher Supplier Agreement.
2. What SkyCatcher is
2.1 SkyCatcher operates an online marketplace that allows pilots to find and book aircraft hire and flight instruction supplied by independent aircraft owners, operators and Flight Instructors ("Suppliers").
2.2 SkyCatcher is not the supplier of the aircraft hire or flight instruction.
2.3 For Supplier services booked through the Platform, SkyCatcher acts as the Supplier's agent for the purposes described in the applicable Supplier Agreement, including accepting Bookings, collecting payment, administering Bookings and issuing tax invoices and adjustment notes on the Supplier's behalf.
2.4 The contract for aircraft hire or flight instruction is between the Pilot and the relevant Supplier.
2.5 SkyCatcher's own supply to the Pilot is the Platform and booking service for which SkyCatcher charges a Booking Fee.
2.6 SkyCatcher is not:
(a) an air operator;
(b) an air charter operator;
(c) a flying school;
(d) the operator of any aircraft listed on the Platform;
(e) the Pilot in Command of any flight;
(f) responsible for operational control of any flight;
(g) an insurer of any Pilot, Supplier or aircraft; or
(h) a provider of aviation safety, flight or instructional services.
3. Agency relationship and payment collection
3.1 When you book aircraft hire or flight instruction through the Platform, you acknowledge that the relevant Supplier has appointed SkyCatcher as its agent for the purposes set out in the Supplier Agreement.
3.2 SkyCatcher may therefore act on the Supplier's behalf to:
(a) receive and accept Bookings;
(b) communicate booking information;
(c) collect payments;
(d) administer payment holds and settlement;
(e) issue tax invoices and adjustment notes;
(f) process refunds;
(g) reverse or adjust Supplier payments; and
(h) perform other administrative acts necessary to facilitate the Booking.
3.3 For aircraft hire, the underlying hire contract is between you and the relevant aircraft owner.
3.4 For flight instruction, the underlying instruction contract is between you and the relevant Flight Instructor.
3.5 SkyCatcher acts as the relevant Supplier's payment facilitator and collection agent for amounts payable by you for Supplier services.
3.6 SkyCatcher may attempt to collect amounts payable automatically using your nominated payment method.
3.7 SkyCatcher does not guarantee that a payment will be successfully collected.
3.8 If SkyCatcher is unable to collect an amount properly payable by you for a Supplier service, your underlying obligation to pay the relevant Supplier is not extinguished merely because SkyCatcher was unable to collect the amount.
3.9 The unpaid amount remains owed to the relevant Supplier, subject to any genuine dispute concerning whether the amount is actually payable.
3.10 The relevant Supplier retains the legal right to pursue you directly for an amount properly payable to that Supplier.
3.11 SkyCatcher may, where appropriate and permitted by applicable law, provide the Supplier with information reasonably necessary to assist the Supplier in pursuing an unpaid amount.
3.12 SkyCatcher does not assume responsibility for collecting an unpaid amount merely because it has attempted to collect that amount as the Supplier's agent.
3.13 The Supplier remains responsible for supplying the aircraft hire or flight instruction.
3.14 Nothing in these Terms makes SkyCatcher the operator of an aircraft or responsible for the conduct, safety or operational control of a flight.
4. Eligibility and accounts
4.1 You must be at least 18 years old and legally capable of entering into a binding contract to use the Platform.
4.2 You are responsible for the accuracy of information you provide to SkyCatcher.
4.3 You are responsible for keeping your account credentials secure and for activity undertaken through your account.
4.4 You must hold and maintain all licences, ratings, medical certificates, endorsements, approvals and other authorisations required for any flying activity you undertake.
5. Your responsibilities as Pilot
5.1 You are solely responsible for determining whether you are legally and operationally entitled to undertake a flight.
5.2 Where you operate an aircraft, you act as Pilot in Command ("PIC") and are responsible for the safety and conduct of the flight.
5.3 You must comply with all applicable laws, regulations and CASA requirements.
5.4 You are responsible for satisfying yourself, before flight, as to matters including:
(a) your own qualifications and currency;
(b) the aircraft's suitability and airworthiness;
(c) aircraft operating limitations;
(d) weather and operational conditions;
(e) the qualifications and suitability of any Flight Instructor or other person participating in the flight; and
(f) any applicable insurance or other requirements.
5.5 SkyCatcher does not independently verify or guarantee these matters.
6. Listings
6.1 Suppliers are responsible for the accuracy of their listings, including:
(a) aircraft details;
(b) availability;
(c) prices;
(d) aircraft limitations;
(e) instructor qualifications;
(f) required pilot qualifications or experience; and
(g) other information supplied through the Platform.
6.2 SkyCatcher does not guarantee the accuracy, quality, safety, airworthiness, legality or suitability of any listing.
6.3 SkyCatcher may remove, suspend or amend a listing where reasonably necessary to protect users, comply with law, address inaccurate information or protect the Platform.
7. Bookings
7.1 A Booking is made through the Platform in accordance with the applicable booking workflow.
7.2 A Booking becomes confirmed when the required parties have accepted it through the Platform.
7.3 Once confirmed, the Booking creates contractual obligations between the Pilot and the relevant Supplier.
7.4 SkyCatcher administers the Booking as the Supplier's agent.
7.5 You remain responsible for paying the relevant Supplier for any amount properly payable under a confirmed Booking.
7.6 SkyCatcher may cancel, expire or suspend a Booking where permitted under these Terms, the Supplier Agreement, applicable booking rules or law.
8. Fees and payments
8.1 The Pilot must pay the amount shown at checkout or otherwise displayed by the Platform.
8.2 Payments are processed through Stripe or another payment provider used by SkyCatcher.
8.3 The amount paid may include:
(a) amounts payable to one or more Suppliers for aircraft hire or flight instruction; and
(b) the SkyCatcher Booking Fee.
8.4 Amounts attributable to Supplier services are collected by SkyCatcher as agent for the relevant Supplier.
8.5 SkyCatcher's own fee is the Booking Fee.
8.6 The applicable Booking Fee will be disclosed to the Pilot at or before the relevant Booking is made and is GST-inclusive.
8.7 SkyCatcher may deduct its Booking Fee from amounts collected before transferring the relevant Supplier's balance.
8.8 By using the Platform, you authorise SkyCatcher and its payment providers to process payments, holds, captures, refunds, reversals and other payment transactions contemplated by these Terms.
8.9 SkyCatcher may attempt to collect payment automatically from your nominated payment method.
8.10 If an automatic payment attempt fails, is declined, reversed, disputed or otherwise cannot be collected, the underlying amount remains payable to the relevant Supplier where the amount is otherwise properly due.
8.11 SkyCatcher's inability to collect a payment does not release you from your payment obligation to the relevant Supplier.
8.12 The relevant Supplier retains the legal right to pursue you directly for any unpaid amount properly owed to that Supplier.
9. Payment holds and settlement
9.1 SkyCatcher may place a pre-authorisation or payment hold against your nominated payment method before the scheduled flight.
9.2 A hold may be placed approximately 48 hours before the scheduled start time or at another time determined by SkyCatcher.
9.3 Following completion of a Booking, the final amount payable may be calculated using the actual aircraft tachometer time ("Actual Tacho").
9.4 If the amount calculated using the Actual Tacho exceeds the amount authorised by the existing hold, SkyCatcher may attempt to charge the additional amount to your nominated payment method.
9.5 If you fail to end the Booking or provide the Actual Tacho, SkyCatcher may automatically settle the Booking using the applicable estimate before the payment hold expires.
9.6 Settlement using an estimate does not guarantee that the corresponding payment will be successfully collected.
9.7 If a payment attempt fails, the amount properly payable to the relevant Supplier remains payable by you.
9.8 You authorise these payment transactions as part of using the Platform.
10. Corrections and adjustment notes
10.1 A settled Booking may be corrected where the actual flight time, amount payable or another relevant Booking detail differs from the amount originally settled.
10.2 Corrections may be initiated through SkyCatcher support or another process made available by SkyCatcher.
10.3 Where a correction affects the GST treatment or consideration for a taxable Supplier Supply, SkyCatcher may issue an adjustment note on the Supplier's behalf.
10.4 The original tax invoice will not be edited. The adjustment will be documented separately.
10.5 A correction may result in:
(a) a refund to you and a corresponding reversal or reduction of the Supplier payment; or
(b) an additional charge to you and a corresponding additional Supplier payment.
10.6 You authorise SkyCatcher to process these transactions where a correction is made under the Platform's procedures.
10.7 If an additional amount cannot be collected from you, your underlying obligation to pay the relevant Supplier remains unaffected to the extent the amount is properly payable.
11. Tax invoices and GST
11.1 Where a Booking includes aircraft hire or flight instruction supplied by a Supplier, SkyCatcher may issue the Pilot with a tax invoice as agent for the relevant Supplier.
11.2 The tax invoice may be a single combined document containing separate sections for:
(a) each Supplier and its supply; and
(b) SkyCatcher's Booking Fee.
11.3 A Supplier section may identify the Supplier and state that the invoice is issued by SkyCatcher as agent for that Supplier.
11.4 The Supplier remains the supplier of the relevant aircraft hire or flight instruction for GST purposes.
11.5 SkyCatcher's Booking Fee is a separate supply made by SkyCatcher.
11.6 GST is shown on Supplier Supplies according to the applicable GST treatment of those supplies and the information provided by the relevant Supplier.
11.7 A Supplier may be registered for GST without every supply it makes necessarily being taxable. Where applicable, a Supplier Supply may be GST-free or otherwise not subject to GST.
11.8 SkyCatcher accounts for GST on its own Booking Fee.
12. Cancellations
12.1 You may cancel a Booking before its scheduled start time without a cancellation charge, subject to any specific terms displayed for the Booking.
12.2 If you cancel after the scheduled start time, the Booking Fee may be charged.
12.3 You must not use cancellation procedures to avoid paying for services already provided or amounts otherwise properly payable.
12.4 SkyCatcher may apply refunds or payment adjustments following cancellation in accordance with these Terms and the applicable Booking rules.
13. Rescheduling
13.1 You may request to reschedule a Booking through the Platform.
13.2 Rescheduling is generally free, subject to availability and the Platform's procedures.
13.3 A rescheduled Booking remains subject to the applicable Supplier's availability and operational requirements.
14. Refunds
14.1 SkyCatcher may issue refunds where permitted under these Terms, the applicable Booking rules, a correction, a cancellation, a Supplier agreement, a support determination or applicable law.
14.2 Where a refund relates to a Supplier Supply, SkyCatcher may reverse or reduce the corresponding amount paid or payable to the Supplier.
14.3 Refund timing may depend on the payment provider and banking system.
14.4 A refund processed by SkyCatcher does not affect any separate rights or obligations arising between the Pilot and Supplier unless the refund fully resolves the relevant obligation.
15. Chargebacks and payment disputes
15.1 If you dispute a payment with your card issuer or payment provider, SkyCatcher may investigate and provide relevant transaction information to the payment provider.
15.2 A chargeback does not automatically determine whether an amount was legally payable.
15.3 SkyCatcher may suspend an account, Booking or payout while a payment dispute, fraud investigation or chargeback is being investigated.
15.4 You must not initiate a chargeback to avoid paying an amount that you have properly incurred under a Booking.
15.5 If a chargeback results in an amount paid to a Supplier being reversed, the underlying amount may remain payable by you to the Supplier if it was properly due.
16. Cost-sharing
16.1 SkyCatcher does not advertise or arrange cost-sharing between occupants as a service.
16.2 If occupants of a private flight agree to contribute towards eligible flight costs, that arrangement is between the PIC and the occupants.
16.3 The PIC is solely responsible for determining whether the arrangement complies with CASA requirements and other applicable laws.
16.4 SkyCatcher does not determine, approve, guarantee or take responsibility for the legality of any particular cost-sharing arrangement.
16.5 A genuine private cost-sharing contribution is not a SkyCatcher supply and is not included in SkyCatcher's tax invoice for aircraft hire, flight instruction or the Booking Fee.
17. Supplier responsibility and aviation disclaimers
17.1 Suppliers are independent providers of aircraft hire and/or flight instruction.
17.2 The Supplier, not SkyCatcher, is responsible for:
(a) aircraft airworthiness;
(b) aircraft maintenance;
(c) insurance;
(d) operational control;
(e) pilot and instructor qualifications;
(f) flight safety;
(g) compliance with CASA requirements;
(h) the provision of flight instruction;
(i) aircraft availability; and
(j) compliance with all other applicable laws.
17.3 SkyCatcher does not inspect aircraft or independently verify the qualifications, licences, insurance, airworthiness or regulatory compliance of Suppliers.
17.4 You must make your own assessment before participating in any flight.
17.5 Nothing on the Platform constitutes aviation, operational, legal, medical or safety advice.
18. No commercial air transport
18.1 The Platform is not intended to provide commercial air transport, charter or other unlawful aviation services.
18.2 You must not use the Platform for an activity prohibited by applicable aviation law.
18.3 You are responsible for ensuring that your use of the Platform and any flight undertaken through it is lawful.
19. Reviews and content
19.1 You may post reviews and other content through the Platform.
19.2 You must ensure that your content is accurate, lawful and not misleading, defamatory, threatening or offensive.
19.3 You grant SkyCatcher a non-exclusive, royalty-free licence to host, display, reproduce and use your content for operating, improving and promoting the Platform.
19.4 SkyCatcher may remove content that breaches these Terms or applicable law.
20. Prohibited conduct
You must not:
(a) use the Platform for an unlawful purpose;
(b) use the Platform for prohibited commercial air transport;
(c) misrepresent your qualifications;
(d) misrepresent an aircraft or Supplier service;
(e) circumvent SkyCatcher's Booking Fee;
(f) manipulate flight times, tacho readings or settlement information;
(g) provide false or misleading information;
(h) harass, threaten, endanger or defraud another user;
(i) interfere with the Platform's operation or security;
(j) attempt to obtain another person's account credentials; or
(k) use the Platform in a manner that could expose SkyCatcher or another user to unlawful or regulatory risk.
21. Third-party payment providers
21.1 Payments may be processed by Stripe or another third-party payment provider.
21.2 You authorise SkyCatcher to provide information necessary for payment processing and fraud prevention.
21.3 Your use of a third-party payment service may also be subject to that provider's terms and policies.
21.4 SkyCatcher is not responsible for delays caused by a payment provider, banking institution, card issuer or other third party.
22. Disclaimers
22.1 To the maximum extent permitted by law, the Platform is provided "as is" and "as available".
22.2 SkyCatcher does not warrant that:
(a) any aircraft is airworthy;
(b) any Supplier is qualified or properly insured;
(c) any listing is accurate;
(d) a Booking will occur as planned;
(e) a flight will be safe;
(f) a Flight Instructor will provide instruction to a particular standard; or
(g) the Platform will always be available or error-free.
22.3 SkyCatcher does not control the operation of aircraft or flights and does not provide aviation services.
22.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
23. Limitation of liability
23.1 To the maximum extent permitted by law, SkyCatcher is not liable for indirect, incidental, special or consequential loss.
23.2 To the maximum extent permitted by law, SkyCatcher is not liable for loss, injury, damage or claims arising from:
(a) the operation of an aircraft;
(b) a flight;
(c) flight instruction;
(d) the acts or omissions of a Supplier;
(e) aircraft condition or airworthiness;
(f) a Pilot's acts or omissions;
(g) regulatory non-compliance by a Pilot or Supplier; or
(h) a cost-sharing arrangement.
23.3 To the maximum extent permitted by law, SkyCatcher is not responsible for an unpaid amount owed by a Pilot to a Supplier merely because SkyCatcher has acted as the Supplier's payment facilitator or collection agent and has attempted to collect the amount.
23.4 Where SkyCatcher is liable and the liability cannot lawfully be excluded, SkyCatcher's aggregate liability is limited, to the maximum extent permitted by law, to the Booking Fees paid by you to SkyCatcher during the 12 months preceding the event giving rise to the claim.
23.5 Nothing in these Terms excludes liability to the extent such exclusion is prohibited by law.
24. Indemnity
24.1 To the maximum extent permitted by law, you indemnify SkyCatcher and its officers, employees, contractors and agents against loss, liability, damage, cost and expense, including reasonable legal costs, arising from:
(a) your use of the Platform;
(b) your flight or other aviation activity;
(c) your breach of these Terms;
(d) your breach of applicable law or CASA requirements;
(e) your negligence, fraud or wilful misconduct;
(f) your interaction with a Supplier; or
(g) your use of or participation in a cost-sharing arrangement.
24.2 This indemnity does not apply to the extent that the relevant loss was directly caused by SkyCatcher's fraud, wilful misconduct or negligence.
25. Privacy
25.1 SkyCatcher's handling of personal information is described in its Privacy Policy.
25.2 The Privacy Policy forms part of these Terms to the extent stated in that policy.
26. Suspension and termination
26.1 You may stop using the Platform at any time.
26.2 SkyCatcher may suspend or terminate your account or access to the Platform if:
(a) you breach these Terms;
(b) you provide false or misleading information;
(c) SkyCatcher reasonably considers suspension necessary to protect users or the Platform;
(d) you engage in suspected fraud or unlawful activity;
(e) your use creates a material legal, regulatory or safety risk; or
(f) required by law or a payment provider.
26.3 Suspension or termination does not extinguish payment obligations or other rights accrued before termination.
26.4 Provisions which by their nature should survive termination, including provisions concerning payments, tax invoices, disclaimers, liability, indemnity and intellectual property, survive termination.
27. Changes to these Terms
27.1 SkyCatcher may update these Terms from time to time.
27.2 We will publish updated Terms through the Platform and may notify you of material changes by email, account notification or another reasonable method.
27.3 Where permitted by law, your continued use of the Platform after the effective date of updated Terms constitutes acceptance of the updated Terms.
27.4 Where required, SkyCatcher may require you to affirmatively accept updated Terms before continuing to use particular Platform features.
28. Intellectual property
28.1 The Platform and its content, excluding user content, are owned by or licensed to SkyCatcher.
28.2 You must not copy, modify, reproduce, distribute or commercially exploit Platform content except as permitted by these Terms or applicable law.
29. Dispute resolution
29.1 You should first contact SkyCatcher through the support channels provided on the Platform to attempt to resolve a dispute.
29.2 Nothing in this clause prevents either party from seeking urgent court relief or exercising a right or remedy that cannot lawfully be restricted.
30. Governing law
30.1 These Terms are governed by the laws of New South Wales, Australia.
30.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.
31. Severability
31.1 If a provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary to make it valid and enforceable.
31.2 If it cannot be read down, that provision will be severed and the remaining provisions will continue in force.
32. Contact
You can contact SkyCatcher at support@skycatcher.com.au or through the contact form available on the Platform.