About Using This Website

By using this website you are accepting all the terms of this disclaimer notice.  If you do not agree with anything in this notice you should not use this website.

Warranties and Liability

While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Byron Bay Gyrocopters / FlyGyro.com.au makes no representations or warranties in relation to the accuracy or completeness of the information found on it.  While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be available for use.

We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning any files before downloading.

Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.

In no event will Byron Bay Gyrocopters / FlyGyro.com.au be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

Exceptions

Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything else, which it would not be lawful for Byron Bay Gyrocopters to exclude.

License To Use This Website

By using this website you agree to the exclusions and limitations of liability stated above and accept them as reasonable.  Do not use this website if you do not agree that they are reasonable.

If any of the points in this disclaimer notice are found to be unenforceable under applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice.

Material on this website, including text and images, is protected by copyright law and is copyright to Byron Bay Gyrocopters unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.

Prior written consent of the copyright holder must be obtained for any other use of material. Copyright of all images and footage on this site remains with Byron Bay Gyrocopters who is the copyright owner at all times.

No part of this site may be distributed or copied for any commercial purpose or financial gain.

All intellectual property rights in relation to this website are reserved and owned by Byron Bay Gyrocopters.

Our Cancellation Policy

We understand circumstances may arise outside of your control however reasonable notice given allows another student the opportunity to have a lesson in your place.

Byron Bay Gyrocopters would like to request all of our valued students to please ensure that a minimum of 36 hours’ notice is given if you cannot attend your scheduled flying lesson.

Should you be unable to provide at least 36 hours’ notice, you will be charged a non-negotiable lesson cancellation fee of 50% of the value of your booked TI Flights. Students which purchased a 10 hrs or 20 hrs Training Program would be charged 50% the value of one training hour.

In circumstances where a booking includes a block of days where our resources have been reserved for a particular student’s program requirements, Byron Bay Gyrocopters reserves the right to charge the student accordingly a non-negotiable late-cancellation fee as followed:

We request all students with bookings, which include a block of 2-3 consecutive days, to ensure that a minimum of 7 days’ notice is given, otherwise we would need to charge a late-cancellation fee of 50% of the value for one training lesson for each booked day or 50% of the total value of the booked TI Flights (TIFs).

We request all students with bookings, which include a block of 4-6 consecutive days, to ensure that a minimum of 10 days’ notice is given, otherwise we would need to charge a late-cancellation fee of 50% of the value for one training lesson for each booked day or 50% of the total value of the booked TI Flights (TIFs).

We request all students with bookings, which include a block of 7 or more consecutive days, to ensure that a minimum of 14 days’ notice is given, otherwise we would need to charge a late-cancellation fee of 50% of the value for one training lesson for each booked day or 50% of the total value of the booked TI Flights (TIFs).

You can advise our team to reschedule your lesson by either messaging or calling our Chief Flying Instructor 0487 50 25 50 (you may leave a voice message after hours) or emailing our team at info@flygyro.com.au

If you would not come at all or not arrive in time for your scheduled flight it would be regarded as a “no show” and the booking is forfeited and neither a re-booking nor a refund will be made. Same thing would occur, if you would cancel “on the spot”, as we do not refund for change of mind after everything is set to go.

Cancellations due to Weather

Including other conditions or by the instructor.

If your lesson is cancelled because of the weather or due to other unforeseen circumstances by your instructor there of course will be no charge to you and the flight will be rescheduled.

If your flight is cancelled by one of our Instructors, you may rebook or get a full refund. For package-deals booked through us the refund will be for the amount of the booked Gyrocopter flights only.

Gyrocopter flights are completely dependent upon the weather and are regulated by Civil Aviation Safety Regulations. It may be necessary to postpone a flight at any time, if in our judgment the conditions are not suitable.

We reserve the right to cancel a flight at any time up to the moment of take-off.

Bookings for instructional training flights (TIFs) are transferable to another person fitting our criteria.

Flight dates and bookings may not be altered within 1 day (24h) prior to the flight date or the ticket is forfeited and neither refund nor a re-booking will be made. This also applies to bookings made for gift vouchers.

TIME LIMITS

We expect a student, who purchased a 10 hrs or 20 hrs training package, to have the training completed by the end of 24 month after payment and to book training slots accordingly. Our instructors will do their best to keep all students up to date with all occurring changes while they are training with us (air spaces, air laws, training requirements, syllabus, technology etc), which can be a lot to catch up with. If we would not hear back from you after a period of 24 months since your last training session, then we would consider that you lost interest and might regard your training as cancelled without a refund.

As our own costs for aircraft, insurances, rent, fuel etc are constantly increasing, we might have to adjust our pricing at some stage accordingly. In case the student would start or continue the training after our pricing has increased, then we might need to charge you for the balance between the initial purchase costs and the current costs of the equivalent training package.

CREDIT-VOUCHERS

Our Flight Credit Vouchers represent a specific amount of cash (AU$), which can only be redeemed and used for payments for one of our TI flights or training packages. This credit amount is the same amount of the initial costs of purchase

In case the holder of a Flight Credit Voucher would like to top-up his/her Credit Voucher or purchase a TI flight / Training Course, which is exceeding the amount of the initial voucher, then a balance fee would apply and be charged.

Please make sure that you provide us with the correct and full name of the person for which this voucher is, when purchasing a credit voucher.

The Flight Credit vouchers are unfortunately not refundable or transferable and remain valid for 3 year from the day and month of purchase.

Our Flight Credit Vouchers can be extended beyond the expiry date:

1. A) if the holder of the flight credit voucher can provide us with reasonable explanations for the extension to which we can agree to and
2. B) only if the inquiry for the extension of the flight credit voucher was made, or started within the period of its validity, which is within 3 years after the date of purchase.

We thank you kindly in advance for your assistance with this.

Terms and Conditions for leasing our Aircraft

Byron Bay Gyrocopters CFI Oliver Mueller is below referred to as the “Lessor” and the student/pilot hereafter is referred to as the “Lessee”.

Requirements of hire:

All student-pilots must have had a minimum of 5 hours of dual-flight training with an instructor from Byron Bay Gyrocopters and must have been checked for their readiness for solo-flying from our Chief Flight Instructor prior to any supervised solo-flights.

Furthermore, the Lessee must be a current financial and active member of the Australian Sports Rotorcraft Association (ASRA) and hold a current medical certification and the last flight in a gyro as pilot in command (PIC) must not be longer away than 3 months.

The Lessee must have signed a valid aircraft lease agreement and paid the security deposit, before commencing the flight.

Timing & Pricing

We tried to make our pricing fair and simple for everybody. The actual payable time-of-use will be taken from the hour-meter located on the aircrafts dash-board. This means, if you use the Gyro (engine running!) for only 47 minutes, you pay only for 47 minutes etc. However, the initial minimum hire-time is 60minutes. After this we’ll charge you by the minutes.

Aircraft-Damage and Insurance

The lessee is financially responsible for the time of hire, in the unlucky event of an aircraft-damage and there is no property insurance on the aircraft. This means the Lessee must pay the full costs of any repairs in case of an aircraft damage during the time of hire.

Security Deposit and Costs of Repair Payments

For all solo flight activities we request for our security a deposit payment (bond) of AU$8000 onto our bank account from the Lessee, before the time of lease starts. This is because the lessee is financially responsible for any damage on the aircraft (including bird strikes and other unforeseen incidents) during the time of hire and to speed up processes in case of repair. The Lessee can proceed with the hire of our aircraft as soon as Byron Bay Gyrocopters’ CFI Oliver Mueller has received and confirmed the bond-payment.

This security deposit will be paid back to the Lessee immediately after we assessed the aircraft at the end of the lease and after it was handed back over to us in an undamaged condition, according to the signed lease agreement and after the time of hire has ended.

In the unlucky event that damage to our aircraft would have occured within the time of hire, then an AutoGyro technician would prepare a quotation of the costs of the aircraft’s repair, including costs of labour, parts and associated shipping costs asap. The amount of this quotation would then be instantly taken off the Lessee’s initial security deposit to order all the necessary parts for the repairs and only the balance-amount would be paid back to the Lessee after all the repairs are executed. In case that the costs of repair would exceed the initial security deposit of $8.000, then the Lessee is liable and responsible to pay on-top and up-front the missing amount, according to the AutoGyro technician’s quotation and within 2 weeks. The repairs on our aircraft shall only be executed by licensed and trained AutoGyro mechanic and needs to meet the quality criteria of Byron Bay Gyrocopters, including that only genuine parts and suitable parts for aviation are used. All repairs need the permission of the Lessor prior the repair.

Booking/Hiring our Aircraft, Payment and Cancellation Policy

For all bookings please call us (Phone: 0487 50 25 50) or send us an email. We then would check the availability of our Gyrocopter and let you know as soon as possible and book you in. There is a 20% deposit payable for all scheduled bookings. All payments can be made in cash, credit card (3% surcharge) or via a bank deposit.

If you cannot attend at your pre-arranged and scheduled Gyro-Flight time, Byron Bay Gyrocopters politely requests that 24 hours’ notice is provided for cancellation for a full refund.

We understand circumstances may arise outside of your control however reasonable notice given allows another pilot the opportunity to have the Gyrocopter  booked in your place. Additionally, more than likely we already have allocated our personnel or instructor and other resources to get the Gyroplane ready for you, pre-flight check and fuel-up.

You can advise our Flight Instructor to reschedule your flight-time or Assessment-Flight by either calling or sending a SMS to the school on 0487 50 25 50. Alternatively, you can send us an email to: info@flygyro.com.au

Should you be unable to provide at least 24 hours’ notice (within reason), you will be charged a non-negotiable hire-cancellation fee of $65 per scheduled hour of hire. Prices are subject to change.

Second-Hand Market Fees (GyroTrader), Commissions and Services

Using FlyGyro.com.au / Gyro Trader

While using the FlyGyro.com.au services, you will not:

• post content or items in inappropriate categories or areas on our sites and services;
• infringe any laws, third party rights or our policies.
• use the FlyGyro.com.au services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the FlyGyro.com.au services;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bought it, a clear typographical error is made or you cannot authenticate the seller’s identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;
• manipulate the price of any item or interfere with other users’ listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to FlyGyro.com.au’s owner Oliver J. Mueller, Mullumbimby;
• post false, inaccurate, misleading, defamatory or offensive content (including personal information);
• distribute viruses or any other technologies that may harm FlyGyro.com.au or Byron Bay Gyrocopters or the interests or property of FlyGyro users;
• copy, modify or distribute rights or content from the FlyGyro services or FlyGyro’s copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

Fees and Services

We do charge insertion fees and final value fees (commission fees) on the final sales price and for using our services, such as listing items and connecting potential buyers with the aircraft / parts owners. The fees we charge for using our Services are listed below:

Fees when you list your item

Standard insertion fees on FlyGyro.com.au

Fees when you sell your item

We charge a final value fee whenever you sell an item on FlyGyro.com.au. The fee is calculated as a percentage of the total amount paid by the buyer (including postage and handling).

Final value fees on FlyGyro.com.au

If your item doesn’t sell, you usually don’t pay a final value fee. However, if we determine that you may have completed a sale outside of FlyGyro.com.au, we’ll charge a final value fee for introducing you to the buyer. If you refund a buyer or cancel a sale, you may be eligible for a final value fee credit.

Selling outside FlyGyro.com.au

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all FlyGyro.com.au services, even if sales terms are finalised or payment is made outside of FlyGyro.com.au. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of FlyGyro.com.au, you will be liable to pay a final value fee applicable to that item.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on our deposit-account for your aircraft. In addition, you will be subject to late fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which FlyGyro.com.au provides to you, including by not displaying your listings.

Additional terms and conditions when listing and /or selling via FlyGyro.com.au

• Byron Bay Gyrocopters owner Oliver Mueller is selling the listed aircraft on behalf of their owners and will ask the buyer to pay a 10% deposit onto his account confirming the purchase of your aircraft.
• You must only send us photos and pictures which you own or have the (copy-) rights of usage. When you send us or upload photos and pictures for our FlyGyro.com.au website, including on our FlyGyro Facebook site, then we reserve the untrestricted right of using and publishing these photos.
• Your fees are added to this account and you receive an invoice showing the amount due.
• Any outstanding debit amount from the seller payable to Byron Bay Gyrocopters owner Oliver Mueller would be deducted directly off the credit amount of the 10% deposit amount.
• If you haven’t paid by the due date specified on your invoice, you may be billed late fees, we may limit or suspend the services which FlyGyro.com.au provides to you, you may be responsible for collection and legal related costs.
• If your account is suspended for any reason, any amounts owed will become due and payable immediately. Byron Bay Gyrocopters reserves the right to immediately charge any amounts you haven’t previously disputed to the billing method you’re using.

Links to Other websites and Products

Links to other websites are provided for the convenience of users.  We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

Law and Jurisdiction

This disclaimer notice shall be interpreted and governed by Australian law, and any disputes in relation to it are subject to the jurisdiction of the courts in Australia and NSW.

Variations

We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

About Us

Byron Bay Gyrocopters / FLYGYRO.com.au / GYROTRADER website is owned by:

Oliver J Mueller

52 New City Road

Mullumbimby 2482, NSW

Australia