Terms & Conditions

1. About SkyBurn

SkyBurn (Pty) Ltd (“SkyBurn”, “we”, “us”, or “our”) is a registered South African company that operates as an air charter broker. We facilitate the booking of air charter seats and full-aircraft charters between Cape Town and the Tankwa Karoo region for Africa Burn attendees.

SkyBurn does not operate aircraft. All flights are operated by independently licensed charter operators who hold valid Air Operator Certificates (AOCs) issued by the South African Civil Aviation Authority (SACAA) and Air Services Licences (ASLs) under the Air Services Licensing Act, 1990. SkyBurn acts solely as a broker and booking agent connecting passengers with licensed operators.

SkyBurn is not affiliated with, endorsed by, or associated with Africa Burn, Tankwa Town, or any event organisers.

2. Definitions

• “Booking” means a confirmed reservation for one or more seats on a scheduled charter flight arranged through SkyBurn.
• “Charter Operator” means the licensed air charter company that operates the aircraft and crew for any flight booked through SkyBurn.
• “Consumer” or “Passenger” means the individual who books and/or travels on a flight arranged through SkyBurn.
• “Flight Activation” means the point at which a flight reaches the minimum number of confirmed passengers required to operate.
• “CPA” means the Consumer Protection Act 68 of 2008, as amended.
• “POPIA” means the Protection of Personal Information Act 4 of 2013.

3. Acceptance of Terms

By accessing the SkyBurn website, making a booking, or using our services, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our services. These terms are governed by the laws of the Republic of South Africa, including the CPA and POPIA.

4. Booking and Payment

4.1 Per-Seat Bookings

You may book individual seats on shared charter flights. Per-seat bookings are subject to the Flight Activation threshold described in Section 5.

4.2 Full Aircraft Bookings

You may book all seats on an aircraft. Full-aircraft bookings are confirmed immediately upon successful payment and are not subject to the Flight Activation threshold.

4.3 Pricing

All prices displayed on our website are inclusive of VAT (where applicable) and are quoted in the currency indicated at the time of booking. Prices are subject to change until a booking is confirmed and payment is processed.

4.4 Payment Processing

Payments are processed securely by Peach Payments (Pty) Ltd, a registered payment service provider. SkyBurn does not store your credit or debit card details. By making a payment, you authorise the charge to your selected payment method.

4.5 Payment Hold

For per-seat bookings, your payment is processed at the time of booking. If the flight does not reach the activation threshold (see Section 5), you will receive a full refund.

5. Flight Activation

Per-seat flights require a minimum of 5 confirmed passengers to activate and operate.

• If a flight reaches the activation threshold, it is confirmed and all booked passengers will be notified.
• If a flight does not reach the threshold by 48 hours before the scheduled departure, SkyBurn will offer affected passengers either a seat on an alternative flight (subject to availability) or a full refund.
• Full-aircraft bookings are not subject to this threshold and are confirmed immediately.

6. Cancellation and Refund Policy

In terms of Section 17 of the Consumer Protection Act, you have the right to cancel an advance booking. The following cancellation terms apply, reflecting reasonable penalties based on the costs incurred by SkyBurn and its Charter Operators as contemplated by Regulation 5(3) of the CPA:

6.1 Passenger-Initiated Cancellations

Justification for cancellation penalties: Charter operators commit fuel, crew scheduling, aircraft positioning, landing fees, and ground logistics in advance. The closer to departure, the less likely a cancelled seat can be resold, and the greater the proportion of irrecoverable costs already committed. These penalties are calculated based on the actual and anticipated losses to SkyBurn and its Charter Operators, consistent with Regulation 5(3) of the CPA.

6.2 SkyBurn-Initiated Cancellations

SkyBurn or the Charter Operator may cancel a flight due to:

• Failure to meet the flight activation threshold (Section 5)
• Safety concerns (weather, aircraft serviceability, airspace restrictions)
• Regulatory directives from SACAA or other authorities
• Force majeure events (Section 10)

In all such cases, passengers will receive either a seat on the next available alternative flight or a full refund, at the passenger’s choice.

6.3 Cooling-Off Period

Where the booking constitutes a transaction concluded as a result of direct marketing (as defined in the CPA), the consumer may cancel the booking within 5 business days of the transaction without penalty, in accordance with Section 16 of the CPA.

6.4 Refund Processing

Refunds are processed to the original payment method within 7–10 business days. Processing times may vary depending on your financial institution.

7. Passenger Obligations

• Provide accurate personal information, including your weight (required for flight safety calculations).
• Arrive at the designated departure point (ExecuJet, Cape Town International Airport) at least 30 minutes before the scheduled departure time.
• Carry a valid form of identification (South African ID, driver’s licence, or passport).
• Comply with all luggage restrictions: one medium bag (max 15 kg) and one small personal item per passenger.
• Follow all safety instructions from the pilot and ground crew.
• Hold a valid Africa Burn event ticket where flights land within event-controlled areas.
• Disclose any medical conditions that may affect your ability to fly safely.

Failure to comply with these obligations may result in denial of boarding without refund.

8. Limitation of Liability

8.1 SkyBurn as Broker

SkyBurn acts exclusively as a broker and booking agent. We do not operate aircraft, employ pilots, or provide air transport services directly. Our liability is limited to the brokerage services we provide, namely facilitating the booking between you and the Charter Operator.

8.2 Charter Operator Liability

The Charter Operator is responsible for the safe operation of the aircraft, compliance with all aviation regulations, maintenance of appropriate insurance, and the carriage of passengers and their luggage. Any claims relating to the flight itself, personal injury, or property damage during the flight should be directed to the Charter Operator. Details of the Charter Operator will be provided upon booking confirmation.

8.3 Exclusions

To the maximum extent permitted by law (and subject to the CPA where applicable), SkyBurn shall not be liable for:

• Delays, diversions, or cancellations caused by weather, air traffic control, or other factors beyond our control.
• Loss or damage to luggage or personal belongings during the flight or ground transfer.
• Any indirect, consequential, or special damages arising from the use of our services.
• The acts or omissions of the Charter Operator, its pilots, or crew.

Nothing in these terms excludes or limits liability that cannot be excluded under the CPA or other applicable South African law.

9. Insurance

All Charter Operators are required to maintain aviation liability insurance as prescribed by the SACAA and the Air Services Licensing Act. SkyBurn maintains professional indemnity and public liability insurance for its brokerage activities. Passengers are advised to obtain personal travel insurance to cover trip cancellation, medical expenses, and personal effects.

10. Force Majeure

Neither SkyBurn nor the Charter Operator shall be liable for any failure to perform obligations caused by events beyond reasonable control, including but not limited to: severe weather, natural disasters, pandemics, government actions or restrictions, airspace closures, industrial action, civil unrest, or the cancellation or restriction of the Africa Burn event itself. In such circumstances, passengers will receive a full refund.

11. Privacy and Personal Information

Your personal information is processed in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy. By making a booking, you consent to the processing of your personal information as described in our Privacy Policy, including sharing necessary information with the Charter Operator for flight safety and operational purposes.

12. Consumer Rights Under the CPA

As a consumer, you are entitled to the following rights under the Consumer Protection Act 68 of 2008:

• Right to fair, honest, and reasonable terms: These terms have been drafted to be fair and transparent.
• Right to cancel advance bookings: As set out in Section 6 above.
• Right to return goods: Not applicable to services, but refund rights apply as stated.
• Right to information in plain language: These terms are written in clear, understandable language.
• Right to lodge a complaint: See Section 14 below.

13. Intellectual Property

All content on the SkyBurn website, including text, graphics, logos, images, and software, is the property of SkyBurn (Pty) Ltd or its licensors and is protected by South African and international copyright and intellectual property laws. The SkyBurn booking platform is provided under licence from SkyBurn Technologies Ltd.

14. Complaints and Disputes

If you have a complaint about our services, please contact us at:

• Email: support@skyburn.cloud
• Phone: +27 82 871 6471

We will acknowledge your complaint within 2 business days and endeavour to resolve it within 14 business days. If you are not satisfied with our response, you may refer the matter to the National Consumer Commission (NCC) or the relevant consumer court in terms of the CPA.

15. Governing Law and Jurisdiction

These terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these terms shall be subject to the jurisdiction of the courts of the Western Cape Division of the High Court, or the relevant consumer tribunal or court as contemplated in the CPA.

16. Amendments

SkyBurn reserves the right to amend these Terms & Conditions at any time. Material changes will be communicated via the website and/or by email to registered users. Continued use of our services after amendments constitutes acceptance of the updated terms. Bookings made prior to an amendment will be governed by the terms in effect at the time of booking.

17. Contact Information

SkyBurn (Pty) Ltd
Cape Town, South Africa
Email: info@skyburn.cloud
Phone: +27 82 871 6471
Website: skyburn.cloud