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.
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 24 hours’ notice is given if you cannot attend your scheduled flying lesson.
Should you be unable to provide at least 24 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 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 the value of 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 the value of 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 the value of 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 email@example.com
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.
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.
Gift vouchers are unfortunately not refundable or transferable and remain valid for 1 year from month of purchase.
Gift Vouchers cannot be refunded but can be extended beyond the expiry date if rescheduling has been required due to the weather.
We thank you kindly in advance for your assistance with this.
Second-Hand Market’s Fees, 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
|Listing format||Selling price||Insertion Fee|
|Up to $10,000||$10|
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
|Listing format||Total Selling price||Final Value Commission Fee|
|Up to $15,000||2 % of the total amount of the sale.|
|Over $10,000||1.5 % of the total amount of the sale.|
|Over 100,000||1.3 % of the total amount of the sale.|
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.
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.
This website is owned by:
Oliver J Mueller
52 New City Road
Mullumbimby 2482, NSW