The following are the terms and conditions of engagement with Eastrise Aviation. We will keep them current and may revise them without notice. The English language version of the Eastrise Aviation Terms and Conditions is binding and other translations if available shall only be for convenience.
Aircraft Hire Terms
Unless otherwise agreed to prior to the flight, when you hire our aircraft, it is a one-way trip. Our crew (single or multi) will drop you off at the agreed destination and return to our base. However, our pricing is designed to cover for costs for returning to base. Should you require a return trip, additional reduced fees will apply. Overnight stays away from base will also require additional fees to cover our parking and per diem costs for our crew.
All our aircraft are hired wet, which means that hourly fees include fuel costs and landing fees at our home airport (Kamuzu International Airport). You thus do not need to pay for fuel. As a student, you may need to pay for fuel at away airports on your cross-country flights. We will reimburse the fuel costs or debit the amount in your student account. We will however only reimburse fuel at the rate charged at our home airport should the amount you paid be higher than the regular home airport price. Landing fees payable at away airports are not refundable. For charter clients, all these costs are included in your hire fees.
Notice on ‘Bounced’ Cheques
Our banks charge a minimum of Malawi Kwacha 25,000 for cheques referred to drawer. We also charge K25,000. If your cheque bounces, you will not be permitted to replace that payment with a cheque but cash. In many cases, we only accept cash payments or a direct deposit to our account.
When you hire an aircraft with Eastrise Aviation, you are only permitted to use it in accordance with local and international aviation laws. This includes but is not limited to:
Complying with airspace limitations
Unless permitted in writing by the Director of Civil Aviation, you shall not fly or request to be flown any and all aircraft belonging to Eastrise Aviation or its affiliates in restricted or dangerous airspace. Further to this, all hire-and-fly pilots including students shall not fly in prohibited areas. It is the responsibility of any pilot — student or qualified to acquaint him or herself with pertinent notices to airmen (NOTAMS). Moreover, no pilot shall commence flight unless all information pertaining to that flight including but not limited to weather, fuel requirements and diversion aerodromes has been obtained. Notwithstanding the foregoing, this restriction shall not absolve the pilot in command from taking any necessary action to avert accidents and to follow air traffic control instructions from a competent ATSU. Furthermore, the pilot in command shall in an emergency take any such action as necessary to save life and property. Provided that any such deviation shall be reported to the nearest approved air traffic services unit and in writing to the Director of Civil Aviation in Malawi, with a copy of the same to the Chief Flight Operations officer at Eastrise Aviation.
Exercising duty of faithful care
All pilots, passengers and ground crew (the list is not exhaustive) using Eastrise Aviation aircraft have and fully accept a fiduciary responsibility. This includes but is not limited to:
- Exercising proper care of the aircraft, other people’s property and the environment. This includes avoiding liquid spills, damage of the structure or improper takeoff or landing
- Ensuring that the aircraft is maintained in an airworthy state at all times and to report any defects, incidents or accidents in writing within a reasonable time to avoid escalation of the problem or to endanger the lives and property of others.
- Not to use the aircraft for purposes other than those agreed upon in writing. This includes but is not limited to using the aircraft for aerobics, air shows, military training, sub-leasing and using it as collateral
- Ensuring that the aircraft is sufficiently fueled and lubricated
- Operating the aircraft with utmost care
- Not allowing unqualified personnel to operate or repair the aircraft
- Following all checklists and filling all log books
- Not flying in Eastrise aircraft with animals
Please note that this list is not exhaustive. Common sense, a sober heart and maturity can help you handle situations and ensure that both you, others and our aircraft are protected.
All persons and cargo boarding Eastrise Aviation aircraft shall be weighed to enable our pilot(s) compute weight, balance and center of gravity limitations. Not more than two passengers weighing 100 kilograms and above shall be allowed to board our 4-seater single-engine aircraft. Additional restrictions shall apply to 2-seater aircraft. We shall not sacrifice fuel for additional cargo or passengers. Eastrise shall apply stricter measures to ensure we exceed minimum safety requirements.
Complying with our smoking prohibition
We maintain a non-smoking policy. As such smoking aboard our aircraft is strictly prohibited. Persons under the influence of alcohol and/or any psychoactive substance are not permitted to board or fly Eastrise aircraft.
Ensuring that children are protected
All infants and children in our aircraft have to be seated in the rear seats (unless if unsafe to do so or in emergencies) and should wear the safety harness. Special needs children and those aged 3 or below are supposed to wear diapers or other protective clothing. Children under age 8 will not be permitted to board our aircraft unless when accompanied by an adult.
Carrying only authorised luggage and/or passengers
When you hire or fly in any aircraft owned by Eastrise Aviation or its affiliates, you agree NOT to carry banned items among them narcotics, explosives, dangerous weapons (including but not limited to guns, knives, sharp objects like scissors among others) and materials for making such. You shall NOT use any of our aircraft for transporting or smuggling these banned items. For the sake of clarity, ‘our aircraft’ shall mean Eastrise owned aircraft and those leased from our partners. Further to this, you may not fly Eastrise Aviation aircraft into war zones unless prior permission is granted in writing by the Eastrise Aviation CEO and the Director of Civil Aviation. All aircraft flying into conflict zones are supposed to be comprehensively insured and sufficient reason given for flying them into such areas. We cannot guarantee availability of our aircraft for flying into such areas.
In the event that you breach any of the terms and conditions stipulated by Eastrise Aviation, you shall be liable for all legal fees, fines and shall be liable for ‘damage control’ and/or reputation management charges incurred by Eastrise. We strive to maintain our aircraft in a way that exceeds minimum requirements. However, when you hire or fly in our aircraft, we assume that you have purchased comprehensive insurance and that Eastrise Aviation, its agents and/or management shall NOT be liable for any loss, damage whatsoever suffered by you, your agents or a third party. Moreover, just as with many flight schools and aircraft charter services, our insurance policy does not include a waiver of subrogation. This implies that our insurance firm reserves the right to pursue and claim for any loss or damage caused to our aircraft arising from negligence or willful mishandling by the student, pilot or a hire-and-fly client. We thus strongly recommend that you purchase excess insurance before commencing your flight lessons with Eastrise Aviation to ensure you are protected from such claims should they arise. No person shall be permitted to fly in our aircraft as a student without valid excess insurance. The definition of “our aircraft” is already given in these Terms and Conditions.
Unruly and drunken passengers will be prevented from flying on our aircraft. We encourage passengers who have flying experience (and even those without any flying experience) to take part in resource management like checking out traffic on VFR flights. However, they may not directly influence how the pilot manipulates the controls and are not allowed to manipulate the aircraft controls except in an emergency where a pilot is incapacitated. In such circumstances, the nearest air traffic services unit must be informed immediately and further instructions shall be sought from the ATSU.
Cancellation and Refunds Policy
Because we prepare in advance and often pay the associated fees and capture tax liabilities, all bookings cancelled after 10 am on the day before the flight will be paid in full. No refund will be given.
Due to unforeseen circumstances such as weather, airspace restrictions or unavailability of aircraft (to mention a few), we may reschedule flights accordingly. By hiring aircraft from Eastrise Aviation, you agree to these and all terms and that you may not commence legal action or seek damages/refund for rescheduled flights. Our refund policy is limited to cancellations made by us due to unavailability of alternative aircraft for a period exceeding one week. Eastrise may not refund more than the Malawi Kwacha value of the funds received. Due to exchange rates restrictions in Malawi, we are unable to refund in any currency except Malawi Kwacha.
Logos and Other Company Brands
You shall, and must always act professionally while wearing clothing or carrying materials that belong to the Eastrise Aviation brand – even though you are not our employee or representative. This includes but is not limited to T-shirts, caps, pilot uniforms and other materials or assets. You shall not, while wearing or bearing these insignia, give the false impression that you are affiliated with, represent or are an employee of Eastrise Aviation. Moreover, you shall not engage in any form of violence or violent confrontation, strikes, industrial action, or political activity while wearing or bearing materials and/or assets having Eastrise Aviation insignia.
Electronic Communications and Equipment
When you contact Eastrise by email or through this website, you agree that information may be transmitted via the internet which is prone to interception. We transmit information on this website via the Secure Sockets Layer (SSL) protocol. However, we do not take responsibility for hacked or intercepted emails whatsoever. International aviation laws prohibit the use of electronic equipment during the critical phases of flight. This includes during engine start, taxi, run-up, takeoff and climb, descent, landing and taxi back to the apron. To avoid confusion, all electronic devices should be switched off.
Eastrise Aviation may periodically send marketing emails aimed at promoting our products and/or services as well as informing subscribers of new developments. Our system will register your email when you purchase a product or service on our website or social media page. It may also automatically or we may manually subscribe your email when you send us an inquiry on our products and/or services. Moreover, our system may use artificial intelligence to determine which emails should be sent to your address. Although these emails come to you at no cost, you agree to be jointly and severally bound by the terms and conditions of our newsletter including those of the third party platform that we use, namely MailChimp. You can read the MailChimp’s terms and conditions on this link. Should you no longer be interested in these emails, please unsubscribe using the link in the email’s footer. Sending us a request to unsubscribe other than the fore-stated may delay the unsubscription process and in extreme cases make it impossible.
Should an emergency arise in flight, passengers are requested to stay calm and follow legal instructions from the pilot in command. A diversion may become necessary in such a situation. In extreme circumstances, the pilot may elect to land at an off-airport location to save life and property. However, should diversion be caused by the misbehavior of or interference by a passenger, the same shall bear in full the operational and legal costs caused by that diversion. It is a criminal offence by international law to interfere with flight operations. Notwithstanding, this does not prevent the passengers in our aircraft from taking any action necessary in an emergency to save life and property, among them contacting the nearest air traffic service unit or a near-by aircraft to request a relay of their emergency to ATSU and/or emergency services should a pilot become incapacitated.
In-flight Voice and Video Recording
To help us with quality control and/or incident investigation, our aircraft may be fitted with in-flight video and voice recording equipment. By boarding our aircraft, you agree to this requirement. Furthermore, our aircraft may be equipped with Automated Dependent Surveillance Broadcast (ADS-B) equipment to feed live flight information to a third party remote server which Eastrise Aviation has access to. This enables us to track our aircraft’s movements and is also a helpful tool to search and rescue (SAR) services when needed. Moreover, ADS-B and other related equipment such as TCAS helps to aid in air traffic collision avoidance.
Test Prep App Terms and Conditions
The Test Prep site is freely available to both on-campus and online ground school students who have paid the full amount. It will be available for the duration of their subscription and must be uninstalled when the student completes the training, is suspended, withdraws or is instructed to do so in writing by Eastrise Aviation. We may, at times in an effort to prevent abuse, set the site to be inaccessible after the lapse of the student’s subscription. The TestPrep site and Flytex Pilot Exams Android app are collectively known as “exam preparation tools”.
We have also developed Flytex Pilot Exams Android app to help our students take various mock exams on their Android device. Our app was created by a third party whom Eastrise Aviation contracted to develop. Should the student encounter bugs or other issues with it, s-he must immediately inform our webmaster to investigate and remedy the problem at the earliest opportunity.
The Eastrise Aviation Online Ground School
We have designed our ground schools – both online and on-campus to satisfy the requirements of the theoretical component of flying training. The Aviation (Approved Training Organisation) Regulations 2013 empower and require all approved training organisations (ATOs) to confer awards (graduation certificates) for every approved course of training a student completes[1, pp. 436]. It is on this background that Eastrise Aviation awards certificates to students who successfully complete approved courses delivered through the online as well as the taught ground schools. These certificates are not to be interpreted as pilot licences or ratings. Students must still sit for and pass the prescribed examinations to be awarded a pilot licence by the Malawi Civil Aviation Authority (DCA). Students must also satisfy other requirements such as medical fitness et cetera as indicated in the Aviation (Personnel Licencing) Regulations, 2013. The Eastrise online ground school automatically generates a certificate for such courses when the student passes the end of course exam with a score of 80 percent or higher. Students may be required to sit for invigilated examinations at the Eastrise facility before an original certificate is issued. Notwithstanding this requirement, every student shall have the right to being issued a certificate of competency for every course that s-he has successfully completed in accordance with the Act.
Availability of Service
The Eastrise Aviation website or online ground school may be taken offline or change any and/or all its services should external and internal factors necessitate such action. These include but are not limited to service interruption, hardware or software failure, instruction by a competent authority and other factors. Further to the foregoing, we reserve the absolute right to limit usage or access to the site or prevent a user, IP address or geolocation from accessing the Eastrise website.
Reselling, photocopying, distributing, copying or screenshotting any course text or photos is strictly prohibited. The system logs all sessions and user activity and we review these logs from time to time. Students who violate this prohibition will be unenrolled from the online ground school and will not be refunded. Delay to follow up or to remove the student from the online or on-campus ground schools does not imply acceptance of this criminal behaviour. It neither implies that Eastrise Aviation has waived its rights over the pirated material. All violations and pirating of Eastrise Aviation intellectual property are reportable and prosecutable.
Eastrise Aviation Shop
Our aviation shop is open to the public with stocks geared mainly for students and qualified pilots. We however reserve the right to decline to sell some items from our shop in the interest of safety and other reasons. For example, we will only sell epaulettes or pilot shirts to people who present their pilot licence or an original acceptance letter from a flying school. We will also not sell airband radios if available to individuals to reduce the likelihood of abusing and interfering with aeronautical communications. An exception may be given to individuals who present a valid aeronautical licence issued by the Malawi Communications Regulatory Authority. In that case, one will be required to provide a valid reason for purchasing the radio.
Settlement of Disputes
Please ensure that you use official channels of communication to present your grievance(s) should our service fall short of your satisfaction. Raising complaints on non-formal channels such as social media, WhatsApp or others may delay the remedial process. In many cases they may not be processed. The formal complaints submission link is on the Contact Us page of our official website.
By accessing our website and our services, you agree that claims and disputes against Eastrise Aviation can only be litigated Malawi. You further agree to personal jurisdiction of the courts located in Malawi. However, Eastrise Aviation may pursue violations by seeking redress from international organisations, government agencies, regional or international courts and other authorities. Delay to pursue such redress does not imply that Eastrise Aviation has waived its rights.
Eastrise Aviation reserves the right to take legal and/or remedial action against users, clients or students committing or attempting to commit online or any other fraud. You therefore agree that you will not use the Eastrise Aviation website including its subdomains or apps for illegal activity including fraud, terror et cetera. Moreover, you will only access the Eastrise Aviation website with a human-operated interactive web browser, and not with a robot or any program, including a collection agent, for the purpose of automated retrieval or display of the content, scripts, themes, stats and any other resource. Save for Googlebot and other legal search engines, no bots are permitted to crawl our website, associated domains or app repositories.
Although we have taken significant steps to protect user information including passwords, session history and other information, you are responsible for taking the necessary precautions to protect your devices and computers which you use to access the Eastrise website, subdomains and apps from malicious code, viruses, Trojan horses et cetera. You are also responsible for ensuring that the programmes or apps on your computers or devices will not harm or negatively affect our websites, subdomains or mobile apps.
The section headings included in these Terms and Conditions are for convenience only. They shall thus not be considered part of, or be used in interpreting, these Terms and Conditions.
 Republic of Malawi (2013) Aviation (Approved Training Organisation) Regulations, 2013, Lilongwe: Malawi Government