Terms & Conditions

Passengers and Students flying in aircraft registered by Recreational Aviation Australia, herein after RA-Aus, which are owned and/or operated by TOPFUN Aviation are required, as a condition of the flight, to read the following paragraphs and sign the Topfun Aviation 'Student Information & Flight Acceptance Form' (STU001), indicating they have read and understood the information, conditions of hire and risk.

 

1. Pilots, passengers and students are covered by the Recreational Aviation Australia Public Liability Insurance for any claims against them for any damage to property, any injury/death to other persons; either on the ground or in the air arising out of flying recreational aircraft (to a maximum of $20,000,000). It also covers injury or death of a passenger to a maximum value of $250,000 but does not cover damage sustained to the aircraft you are flying. Refer to www.raa.asn.au for more details.

 

2. Separate Aircraft Hull Only Insurance is carried by TOPFUN Aviation.

 

3. Students or passengers are not responsible for damage occurring accidentally to TOPFUN Aviation aircraft during their dual flight training. The student pilot is however, required to fly solo in order to complete training, and if whilst flying solo, the student flies in a dangerous or reckless manner, or flies in contravention of the Rules of the Air, the Civil Aviation Regulations, the Civil Aviation Orders, contrary to their training or specific instructions from their instructor, then that student will be liable for any damage to the aircraft arising out of such activity to a maximum value of $4,000, being the excess applicable to the hull insurance policy.

 

4. RA-Aus Pilots (including Student Pilot Certificate Holders) hiring aircraft operated by TOPFUN Aviation shall fly according to relevant air regulations and the Aircraft Handling Notes and are responsible for any damage occurring to aircraft entrusted to their care. This includes any engine damage not a result of normal wear and tear to a maximum value of $4,000. However, if the damage can be attributed to pilot error, the pilot shall assume full risk for the full cost of repairs. Please note that, for any engine failure in flight, which results in any damage to the airframe caused by a poorly executed forced landing, is not exempt from the above responsibility.

 

5. Whilst the aircraft owned and / or operated by TOPFUN Aviation are maintained and serviced to the manufacturers specifications and are under the control of an approved Level 2 Maintenance Engineer authorised by RA-Aus, they are not, nor are they required to be maintained to the same exacting level as General Aviation aircraft.

 

6. Recreational aircraft flying is considered to be an adventure sport activity and therefor carries an element of risk associated with such an activity. This is especially true as medical assistance may be delayed due to the remoteness of any incident or accident resulting in an injury. Accordingly, TOPFUN Aviation accepts no responsibility or liability for any property, injury or death arising from its Recreational Aircraft flying activities and insists that the Pilot in Command advise all passengers they carry aboard Topfun Aircraft of the potential risks and indemnify Topfun Aviation, its staff, Instructors, and the Owners from any claim for any injury to any persons, or any loss to property arising from undertaking the activity.

 

7. If the student or passenger is under the age of 18 years then a parent or guardian is to make and sign this declaration on behalf of the student (or passenger). In doing so, the parent or guardian accepts the conditions and risk in giving his/her permission for their child/ward to undertake the training / flight.

 

8. TOPFUN Aviation retains the right to refuse training or aircraft hire to any person, for any reason. This applies specifically for noncompliance of CAO's and CAR's, Rules of the Air, or for any breach of safety or aerodrome procedure that may put the aircraft, or TOPFUN Aviation at risk of damage or liability for such a breach (including noise abatement procedures).

 

Last Updated 20th December 2021