• About Mackay Airport
  • Mackay Airport Profile
  • Airport History
  • Conditions of Use
    1. About these Standard Conditions and Mackay Airport
    2. Our Service Charter and Service Performance
    3. Your use of Mackay Airport
    4. Information you must give us
    5. Parking and aircraft removal
    6. Mackay Airport Allocation Rules
    7. Mackay Airport security
    8. Insurance
    9. Interruptions to Airport Services
    10. Aviation Charges
    11. Things that can change Aviation Charges
    12. Government Mandated Costs and Government Mandated Charges
    13. Payment of Aviation Charges and Government Mandated Charges
    14. Credit accounts for Aviation Charges and Government Mandated Charges
    15. Indemnities and release
    16. Statistical information
    17. Acts and regulations
    18. GST (Goods and Services Tax)
    19. Privacy and data protection
    20. Confidential Information
    21. Dispute resolution
    22. Notices
    23. Definitions

Mackay Airport Conditions of Use

15 Indemnities and release

15.1 You indemn ify us

Except to the extent of our negligent acts or omissions and default, you are liable for and you must indemnify us against liability or loss arising from, and cost incurred in connection with:

• (a) a breach of these standard conditions by you, including the loss or damage that results from us exercising our right to terminate these standard conditions applicable to you or our termination of your use of Mackay Airport; and
• (b) damage, loss (to person or property), injury or death caused or contributed to by your act, negligence or default or your employees and agents to the extent of such cause or contribution; and
• (c) damage, loss, injury or death caused or contributed to by you bringing onto or storing at Mackay Airport dangerous or contaminating substances; and
• (d) us doing anything which you must do under these standard conditions but have not done; and
• (e) the overflow or leakage of water into or from any area at Mackay that you use; and
• (f) loss or damage (to person or property) caused by your use of Mackay Airport by you or your employees and agents or otherwise relating to your use of Mackay Airport; and
• (g) your use of Mackay Airport; and
• (h) our exercise of the right to detain, move or remove your aircraft; and
• (i) any claims by third parties arising out of personal injury or death of any people or damage to property caused as a result of your use of Mackay Airport.

15.2 Your risk

You use Mackay Airport at your own risk.

15.3 You release us

You release us from, and agree that we are not liable for, liability or loss arising from, and cost incurred in connection with:

• (a) damage, loss (to person or property), injury or death unless it is caused by us or our act, negligence or default or an act, negligence or default of our employees or agents; and
• (b) anything we are permitted or required to do under these standard conditions unless the liability or loss is caused by our negligent acts or omissions or default or the negligent acts of omissions of our employees or agents.

15.4 We indemnify you

We are liable for and we must indemnify you against liability or loss arising from, and cost incurred in connection with damage, loss, injury or death to the extent caused or contributed to by:

• (a) our negligence or default or our employees or our agents; and
• (b) a breach of these standard conditions by us, including the loss or damage that results from you exercising your right to terminate these standard conditions applicable to you.

15.5 We release you

We release you from, and agree that you are not liable for, liability or loss arising from, and cost incurred in connection with:

• b) anything you are permitted or required to do under these standard conditions unless the liability or loss is caused by your negligence or the negligence of your employees or agents.
• (b) we increase the amount to be secured by the bank guarantee or performance bond.

15.6 Survival of indemnities

Each indemnity in these standard conditions is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these standard conditions for whatever reason.

15.7 Enforcement of indemnities

It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by these standard conditions.