Terms of service
Proposals By Plane
These Terms and Conditions (Terms) govern all bookings made with Proposals By Plane Pty Ltd (ACN 384 542 637) (“Proposals By Plane”, “we”, “our”, “us” or similar). By making a booking or paying any amount toward an Experience, you (“Client”, “you”, “your” or similar) agree to be bound by these Terms.
1. Definitions
1.1. Experience means the proposal experience package organised by Proposals By Plane, which may include without limitation flights, planning, coordination, styling, photography, videography, venue arrangements, accommodation, dining, transport and other related services.
1.2. Operator means the aviation operator that provides flight services as part of the Experience.
1.3. Booking means your confirmed reservation for an Experience once payment has been received and confirmation issued.
2. Booking Formation and Authority
2.1. Your Booking is confirmed once we send you written confirmation and receive the required payment.
2.2. If you book an Experience for another person (including where the Experience is a surprise for another participant), you enter into this agreement in your own name and accept responsibility for the Booking.
2.3. You accept full responsibility for:
2.3.1. the conduct and participation of all guests included in your Booking while taking part in the Experience;
2.3.2. ensuring participants are informed of and comply with applicable safety instructions and participation requirements; and
2.3.3. any costs, losses or consequences arising from their participation.
2.4. Participants may also be required to accept additional safety, entry or operational terms at the time of the Experience (including flight or venue conditions) which apply directly to them.
2.5. You acknowledge that Proposals By Plane relies on the information you provide when arranging the Experience and is not responsible for any consequences arising from inaccurate, incomplete or misleading information supplied by you.
3. Our Role and Service Scope
3.1. Proposals By Plane provides experience planning and coordination services only.
3.2. We arrange and coordinate third-party service providers (including aviation operators, photographers, venues and other suppliers) as part of the Experience but we do not operate aircraft and do not provide transport, aviation or flight services.
3.3. All flight services included in an Experience are provided by an Operator. The Operator is responsible for flight operations, safety, aircraft, crew and regulatory compliance.
3.4. Nothing in these Terms makes Proposals By Plane responsible for the performance of aviation services except where required by law.
3.5. For the avoidance of doubt, we do not guarantee any specific outcome, reaction, emotional response or personal result arising from the Experience.
4. Third-Party Suppliers
4.1. Some parts of your Experience are delivered by independent third-party suppliers, including the Operator and other service providers.
4.2. These suppliers may impose their own terms and conditions (for example, flight conditions of carriage or venue entry conditions). By making a Booking, you agree to comply with any supplier terms that apply to the services they provide.
4.3. If aviation safety or regulatory requirements conflict with these Terms, the regulatory requirements will apply.
4.4. Proposals By Plane is not responsible for the performance, acts or omissions of third-party suppliers except where liability cannot be lawfully excluded.
5. Payments
5.1. Payment terms (including price, payment timing and any required upfront payment) will be confirmed to you at the time of Booking and may vary depending on the Experience selected.
5.2. Unless otherwise stated at the time of Booking, 25% Non refundable deposit is required to confirm your Booking. Planning consults are non refundable and go directly towards the total agreed amount (no hidden charges)
5.3. You acknowledge that we may be required to pre-pay or commit funds to third-party suppliers to secure availability. Any amounts paid or committed to suppliers that are non-refundable cannot be refunded to you.
5.4. All payments must be made using approved payments specified at the time of Booking.
5.5. You are responsible for any additional costs incurred as a result of your Booking or participation in the Experience, including (without limitation) aircraft cleaning fees, damage charges, extended flight time, waiting time, venue penalties or supplier surcharges. Any such amounts may be invoiced to you after the Experience.
6. Cancellations by You
6.1. If you cancel your Booking:
6.1.1. within fourteen (14) days of the scheduled Experience date, no refund will be provided; and
6.1.2. more than fourteen (14) days before the scheduled Experience date, you may be entitled to a 75% refund, less any non-refundable third-party supplier costs and reasonable planning or administration fees already incurred.
6.2. Refund entitlements will be assessed in line with supplier policies and your rights under Australian Consumer Law.
6.3. Refunds (where applicable) will be processed to the original payment method within a reasonable processing period.
6.4. If you or any participant fails to arrive at the agreed meeting location on time, misses a scheduled flight, or is unavailable to participate at the scheduled Experience time, this will be treated as a cancellation by you and no refund will be provided.
7. Weather, Safety and Rescheduling
7.1. Experiences depend on weather conditions, safety considerations and regulatory requirements.
7.2. If an Experience cannot proceed due to safety, weather or operational reasons, we will reschedule your Booking where reasonably possible.
7.3. If rescheduling is not reasonably possible, we will discuss appropriate options with you in line with your rights under Australian Consumer Law.
7.4. Any rescheduled Booking credit must be used within 12 months of the original Experience date unless otherwise agreed.
7.5. Proposals By Plane reserves the right to cancel an Experience where suppliers withdraw services, regulatory restrictions apply or operational circumstances make delivery impracticable. In such cases, reasonable refund or rescheduling options will be offered in accordance with Australian Consumer Law.
8. Changes to Your Booking
8.1. If you request changes after planning has started (including changes to locations, styling, photography, suppliers or timing), additional fees and supplier costs may apply. We will advise you of any extra charges before confirming changes.
8.2. Change requests are subject to supplier availability and operational feasibility.
9. Substitutions
9.1. Sometimes substitutions are necessary for operational reasons.
9.2. Without limitation, we may substitute:
9.2.1. aircraft type (subject to safety requirements);
9.2.2. venues;
9.2.3. photographers or videographers;
9.2.4. décor suppliers; or
9.2.5. transport providers,
with alternatives of similar quality and standard.
9.3. Minor variations to the scope of services to be provided by Proposals By Plane do not constitute a failure to provide the Experience.
10. Passenger Information and Fitness
10.1. You must provide accurate information when requested, including passenger names, weights and baggage details. Inaccurate information may result in flight modification, rescheduling or cancellation.
10.2. You warrant that all participants are medically fit to participate in the Experience and do not have any condition that could reasonably create a safety risk.
10.3. The Operator may refuse carriage to any person who is medically unfit, intoxicated, unsafe or fails to comply with safety instructions.
10.4. Participants must carry and present valid photo identification and any documents required by the Operator or other suppliers. Failure to provide required identification may result in refusal of service without refund.
11. Behaviour and Safety
11.1. All participants must comply with safety briefings, pilot instructions and staff directions.
11.2. We and the Operator may refuse service or remove participants whose behaviour or conduct is unsafe, disruptive or non-compliant. Where this occurs for safety reasons, refunds will not be available.
11.3. If any participant causes damage to aircraft, equipment, venues, property or third-party facilities, you are responsible for the cost of repair, replacement or cleaning required as a result of that damage.
12. Photos, Videos and Marketing Consent
12.1. If photography or videography is included in your Experience, you grant Proposals By Plane a non-exclusive, royalty-free licence to use images and footage captured during the Experience for marketing and promotional purposes.
12.2. You may opt out by providing written notice at least 7 days before your Experience.
13. Payment Disputes and Chargebacks
13.1. If you have a payment issue or dispute, you should contact us first so we can try to resolve it.
13.2. If you lodge a payment chargeback through your bank or card provider and the dispute is not legally valid, you remain responsible for the Booking amount and any reasonable costs we incur in responding to the chargeback.
13.3. This does not affect any rights you may have under Australian Consumer Law.
14. Liability and Risk Allocation
14.1. To the maximum extent permitted by law, Proposals By Plane is not:
14.1.1. responsible for flight operations or aviation services which are provided by Operators; and
14.1.2. liable for the acts or omissions of independent third-party suppliers, except where liability cannot be lawfully excluded.
14.2. Proposals By Plane’s total liability for any claim arising out of or in connection with an Experience is limited to the amount paid by you for that Experience.
14.3. Proposals By Plane is not liable for indirect, consequential or special loss, including loss of enjoyment, disappointment or emotional distress, except where such liability cannot be excluded by law.
15. Consumer Guarantees
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
16. Events Outside Our Control
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including weather conditions, regulatory restrictions, supplier failures or natural disasters. Our obligations are suspended for the duration of such events.
17. Privacy
We collect and use personal information only for the purpose of providing the Experience and in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
18. Intellectual Property
All intellectual property in Proposals By Plane branding, experience concepts, marketing materials and proprietary content remains the property of Proposals By Plane. You must not reproduce, commercialise or distribute such materials without written consent.
19. Entire Agreement
These Terms constitute the entire agreement between you and Proposals By Plane in relation to your Booking and supersede all prior discussions, representations and communications.
20. Governing Law
These Terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.