Terms of Service

1. Acceptance of Terms

By accessing and using the Aviation Insurance NZ website and services, you accept and agree to be bound by the terms and provision of this agreement, including our Privacy Policy. If you do not agree to these Terms, you must immediately cease using our services.

2. Services Provided

2.1 Insurance Broking Services

Aviation Insurance NZ provides aviation insurance broking services, including:

• Insurance quote facilitation for aircraft, helicopters, and pilots
• Policy placement and administration with underwriters
• Claims assistance and support
• Aviation insurance advice and consultation
• Risk assessment and coverage recommendations
• Policy review and renewal services

2.2 What We Are NOT

Important Disclaimer: We are NOT:

• An insurance company or underwriter
• A guarantor of insurance coverage or approval
• A party to the insurance contract between you and your insurer
• Responsible for underwriter decisions or policy terms
• Liable for claims payment or coverage disputes with insurers

3. Eligibility and User Requirements

3.1 Age and Capacity

You must be at least 18 years of age and legally capable of entering binding contracts to use our services. By using our services, you represent that you meet these requirements.

3.2 Accuracy of Information

You agree to provide accurate, current, and complete information when requesting quotes or purchasing insurance. This includes but is not limited to:

• Pilot qualifications, experience, and medical certificate status
• Aircraft registration, make, model, and condition
• Intended use and operational details
• Claims history and previous insurance
• Financial and contact information

Warning: Providing false, misleading, or incomplete information may result in: policy voidance, claim denial, or legal consequences under insurance law.

4. Quote Process and Policy Placement

4.1 Quotes Are Estimates

Insurance quotes provided are estimates based on information supplied and are subject to:

• Underwriter approval and acceptance
• Verification of information provided
• Aircraft inspection (if required)
• Review of pilot qualifications and logbooks
• Market conditions at time of binding

Final premiums and terms may vary from initial quotes. No coverage is in effect until a policy is issued by an underwriter and premium is paid.

4.2 Quote Validity

Quotes are typically valid for 30 days from the date of issue. After this period, premiums and terms may change due to market conditions or changes in risk factors.

4.3 Underwriter Selection

We work with multiple insurance underwriters and will present options from markets we believe offer suitable coverage. However, we do not guarantee access to all available markets or that we will obtain the absolute lowest premium available in the market.

5. Professional Obligations and Standards

5.1 Duty of Care

As insurance brokers, we owe you a duty to:

• Act with reasonable skill and care
• Provide advice based on your stated requirements
• Disclose material facts to underwriters
• Act in your best interests when placing coverage
• Maintain professional indemnity insurance

5.2 Conflicts of Interest

We receive commission from insurance underwriters for policies placed. This is standard industry practice and does not increase your premium. Commission rates may vary between underwriters, but we are obligated to recommend coverage that meets your requirements regardless of commission.

5.3 Limitations on Advice

Our advice is limited to insurance matters. We do NOT provide:

• Aviation safety advice or airworthiness opinions
• Legal advice regarding aviation regulations
• Financial planning or investment advice
• Tax advice related to insurance
• Pilot training or certification guidance

6. Your Responsibilities

6.1 Disclosure Obligations

You must disclose all material facts that could affect an insurer's decision to provide coverage, including:

• Previous insurance claims and losses
• Declined, cancelled, or non-renewed policies
• Criminal convictions or pending charges
• Medical conditions affecting flying ability
• Aircraft modifications or damage history
• Any circumstances that increase risk

6.2 Ongoing Obligations

During the policy period, you must:

• Notify us of any material changes to risk factors
• Maintain valid pilot licenses and medical certificates
• Comply with all policy terms and conditions
• Pay premiums when due
• Report claims promptly
• Maintain aircraft airworthiness

6.3 Payment Responsibilities

You are responsible for payment of insurance premiums by the due date. Late payment may result in policy cancellation or lapse of coverage. You are also responsible for any government charges, levies, or taxes applicable to your insurance.

7. Claims Process and Support

7.1 Claims Notification

You must notify us and your insurer immediately (within 24-48 hours) of any incident that may give rise to a claim. Delays in notification may affect claim outcomes.

7.2 Our Claims Support

We will assist with:

• Lodging claims with insurers
• Providing documentation guidance
• Liaising with loss adjusters
• Advocating on your behalf

However, final claims decisions are made by insurers, not by us. We cannot guarantee claim acceptance or payment amounts.

8. Aviation-Specific Terms

8.1 CAA Compliance

All insurance coverage is subject to compliance with Civil Aviation Authority (CAA) regulations. Operating in breach of CAA rules may void insurance coverage.

8.2 Airworthiness Requirements

Insurance coverage typically requires aircraft to be maintained in airworthy condition with current certificates and inspections. Operating unairworthy aircraft voids coverage.

8.3 Pilot Requirements

Coverage is subject to pilot requirements including:

• Valid pilot license appropriate for aircraft type
• Current medical certificate
• Flight review (biennial) currency
• Minimum flight hours as specified in policy
• Type ratings where required

9. Limitation of Liability

9.1 Exclusion of Liability

To the maximum extent permitted by New Zealand law, we exclude liability for:

• Failure of insurers to pay claims or provide coverage
• Insurer insolvency or inability to meet obligations
• Gaps in coverage or policy exclusions
• Delays in policy issuance or renewal
• Errors in information provided by third parties
• Losses arising from your non-disclosure or misrepresentation

9.2 Cap on Liability

Our maximum aggregate liability for any and all claims is limited to the lesser of: (1) the insurance commission we received for the relevant policy, or (2) $50,000 NZD. This limitation applies regardless of the legal theory upon which liability is based.

9.3 Types of Damages Excluded

We exclude liability for:

• Consequential, indirect, or economic losses
• Loss of profits or business opportunities
• Loss of anticipated savings
• Aircraft grounding costs
• Reputation or goodwill damage

9.4 Consumer Guarantees Act

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Consumer Guarantees Act 1993 that cannot be excluded by agreement.

10. Indemnification

You agree to indemnify and hold harmless Aviation Insurance NZ from any claims, losses, or expenses arising from:

• Your provision of false or misleading information
• Your breach of these Terms
• Your violation of applicable laws or regulations
• Your operation of aircraft in breach of policy terms
• Your failure to disclose material facts

11. Complaints and Disputes

11.1 Internal Complaints Process

If you have a complaint about our services:

• Contact us at complaints@aviationinsurance.co.nz
• We will acknowledge your complaint within 2 business days
• We will investigate and respond within 10 business days
• Complex matters may take up to 40 business days

11.2 External Dispute Resolution

If you are not satisfied with our response, you may escalate to Insurance & Financial Services Ombudsman Scheme (IFSO) or pursue other legal remedies available under New Zealand law.

12. Termination

12.1 Termination by You

You may terminate our services at any time by providing written notice. However, you remain obligated to pay for services already rendered and premiums for active policies.

12.2 Termination by Us

We may terminate our services if:

• You breach these Terms
• You provide false or misleading information
• We are unable to place your insurance
• You fail to pay fees when due
• Continuing the relationship would breach our professional obligations

13. Governing Law and Jurisdiction

13.1 New Zealand Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of New Zealand courts.

13.2 Disputes with Insurers

Disputes regarding insurance coverage or claims are between you and your insurer. We are not a party to such disputes but may assist with resolution where appropriate.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aviation Insurance NZ regarding our services.

14.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision shall not be deemed a waiver of such right.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations to any successor entity.

15. Changes to These Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "last updated" date
• We will notify you via email (if we have your contact details)
• Continued use after changes constitutes acceptance

16. Contact Information

If you have questions about these Terms or our services, please contact us: