CANBERRA AIRPORT CONDITIONS of USE (B) Use of the Airport and Those Services May Be CONDITIONS of USE Constrained by Relevant Law; And
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CANBERRA AIRPORT CONDITIONS OF USE (b) use of the Airport and those Services may be CONDITIONS OF USE constrained by Relevant Law; and Cancellation of previous conditions (c) we may from time to time close all or any part of the Airport and withdraw all or any of the These conditions replace and cancel all previous Services, for any period we consider agreements and arrangements between you and us appropriate when in our opinion it is necessary concerning your use of the Airport and the to do so. Services. However, rights that exist at the time of cancellation are not affected. You accept that unless otherwise specified these What are these conditions about? conditions prevail, to the extent of any inconsistency, over any contractual or other These conditions set out the basis on which we relationship we have with you in respect of the authorise you to use the Airport and the same subject matter. Services. However, they do not apply if you have a separate written agreement with us for the use of the Services. 2. CURRENCY Words that appear like this have the meanings given in the Meaning of Words (clause 19). These conditions take effect from 1 July 2018 and, as varied according to clause 7, are current Please read these conditions carefully. until we replace them. Questions? We may waive compliance with all or any of If you have any questions about these conditions or these conditions for a period, indefinitely or the operation of the Airport you should contact the permanently. However, a waiver will only be relevant person shown in the contacts list – effective if it is in writing. Schedule 6. 3. USING OUR SERVICES 1. USE OF AIRPORT When using our Airport or any Service at our Airport you must comply with: These are the conditions under which you use our Airport and any Services at our Airport, (a) all Relevant Laws, Airservices Australia unless we have a separate written agreement publications and any direction from the Civil with you for the use of the Services (such as an Aviation Safety Authority; Airport Services Agreement). By using the Airport, you acknowledge your acceptance of (b) these conditions; these conditions. (c) other conditions, instructions, orders and These conditions apply equally to intrastate, directions notified by us from time to time; interstate and international operations unless otherwise stated. (d) local flying restrictions; You may not nominate or use the Airport as a (e) the Operations Manual; and designated international alternate without first obtaining our consent. We may require you to (f) directions from anyone entitled by any Relevant enter into a separate agreement with us about Law to give them. such access. You are responsible for familiarising yourself You accept that: with those things. (a) access to our Airport and those Services is You must not carry out any Long Term subject to the demands of other users of the Maintenance on any part of the Airport Airport; without our prior written approval. You must not (and must ensure that your you must pay all costs associated with us doing We may recover from you amounts you owe in employees, agents and contractors do not) cause so. relation to the use of the Airport or any or contribute to any obstruction or disruption to Where you are not an RPT, Freight & Charter Service. the operation of the Airport or to the business, Operator, you may apply to us for a credit customers or passengers of any other party using 6. PAYMENT OF CHARGES account in relation to the Charges you may You must pay all our costs on a full indemnity the Airport. incur. basis in recovering from you any money due to When you use the Airport or the Services at us under these conditions. You must promptly on becoming aware notify us the Airport, you must pay us the Charges. We may require that your application be if any of our equipment, assets, facilities or other accompanied by a completed credit application items at the Airport are not working properly or We will issue you with an invoice for the (in the form we determine from time to time). 10. EXTENDED FAILURE TO PAY have been in any way damaged. Charges when you use the Airport or the Based on that application and reports issued by Services at the Airport. any credit rating agency, we will determine the If you fail to pay any Charges within 21 days of You must not do anything which may cause us extent (if any) to which we will extend you the due date of the invoice for those Charges, to breach any Relevant Law, the Crown The Charges are due and payable by the due credit. As a condition of extending you credit, we may: Lease, or any Lease. date on the invoice , unless you have made we may require a bank guarantee or bond in Other Payment Arrangements with us. our favour on terms satisfactory to us. (a) refuse to allow your aircraft to use the Airport in accordance with the Crown Lease; 4. AIRPORT REQUIREMENTS Without affecting clause 6.3, if your aircraft If you hold a credit account with us, we may at leaves the Airport prior to the issuance of an any time require you to submit a completed (b) use reasonable means to physically detain your You must comply with any requirement of which invoice, we or the Billing Agent will issue you credit application so that we can review the aircraft until you have paid the Charges, all we notify you from time to time in relation to: an invoice to be paid on the terms in these extent (if any) to which we will continue to interest on the Charges, the administration conditions in respect of the Charges incurred extend you credit. If we decide to continue fee and any other costs we have incurred as a (a) aviation safety; which must be paid by the due date on the extending you credit, we may as a condition of result of you not paying the Charges; invoice. doing so require a bank guarantee or bond in (b) aviation security; our favour on terms satisfactory to us. If we (c) use reasonable means to physically detain any You must not make any set-off against or decide to discontinue extending you credit, the property of yours which is located at the (c) work health & safety; and deduction from any Charges. balance then owing on your credit account Airport; and becomes due and payable immediately. (d) environmental management, You will be liable for Charges whether or not (d) refuse you or any Associate access to the your aircraft was used with your permission. Airport. at the Airport. 9. FAILURE TO PAY If: We may issue these requirements: 7. VARYING CONDITIONS You must notify us immediately you become aware that you will or might be unable to pay a (a) on 2 or more occasions you have failed to pay (a) in the form of a notice, direction, order, We may vary these conditions (including by Charge. Charges within 21 days of the due date on the instruction, procedure (or similar); and imposing additional Charges or varying existing invoice for those Charges (whether or not you Charges) at any time, but we must comply with Neither your giving, nor our receipt, of that have subsequently paid those Charges); or (b) by letter or email, or via notification on the all Relevant Laws. notice, affects our rights under these conditions. Canberra Airport website, (b) we have at any time commenced court action to canberraairport.com.au. Any variation under clause 7.1 will take effect If you do not pay an amount you owe us by the recover a debt you owe us, from the nominated date, provided that we have due date on the invoice for that amount, you are given you details of the changes at least 21 days liable to pay interest on that amount from and then we may require you to provide us with a 5. MOVING AIRCRAFT before they take effect. We may give you that including the date that it was first due and bank guarantee or bond in accordance with notice by letter or email, or via notification on the payable to and including the day you pay it and clause 16, except that the notice period referred We may direct you at your cost to: Canberra Airport website, www. all interest accrued on it. to in clause 16.1 for providing the bank canberraairport.com.au. guarantee or bond is 7 days. (a) move your aircraft to another position at the Interest will be calculated daily at the Interest Airport; or We may at your request vary these conditions Rate. Where we have required you to provide us with as they apply to you, but that variation must be a bank guarantee or bond, we may: (b) remove your aircraft from the Airport, agreed in writing and must comply with all If you do not pay an amount by the due date Relevant Laws. on the invoice for that amount, we may also (a) refuse to allow any or all of your aircraft to use in each case within a period of time that we charge you an administration fee of $50.00 the Airport; and consider to be reasonable in the circumstances. GST exclusive, for each month or part thereof 8. PAYMENT METHOD during which the amount remains unpaid. The (b) refuse you or any Associate access to the If you do not comply with our direction under administration fee covers our additional Airport, clause 5.1 within the time set out in our Payments to us may be made by electronic funds administrative costs incurred due to your failure direction, we may move or remove the aircraft transfer, credit card or as provided for on our to pay and is due and payable immediately.