These terms govern your access to and use of Westwind's services, our website, and any related booking, communication, or service channels.
This document is a professionally drafted working draft prepared for Westwind Aviation Limited. Please review before publication.
Westwind Aviation Limited (“Westwind”, “we”, “us”, or “our”) is a subsidiary of the Wilken Group, founded in 1962 and based at Wilson Airport, Nairobi, Kenya. Westwind provides aircraft charter, aircraft management, and aircraft maintenance services across Africa, Europe, and the Middle East.
These Terms and Conditions (also referred to as our “Terms of Service”, and together, these “Terms”) govern your access to and use of Westwind's services, our website, and any related booking, communication, or service channels. These Terms form a binding agreement between you (“Client”, “Customer”, “you”, or “your”) and Westwind.
Please read these Terms carefully. By requesting a quotation, making a booking, signing a service or management agreement, or otherwise engaging Westwind's services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
“Agreement” means these Terms together with any charter agreement, aircraft management agreement, maintenance work order, quotation, or booking confirmation issued by Westwind.
“Aircraft” means the aircraft nominated by Westwind, or owned by a Client and managed by Westwind, for the performance of the Services.
“KCAA” means the Kenya Civil Aviation Authority, or any successor regulatory authority.
“Services” means the charter, aircraft management, maintenance, and any ancillary services provided by Westwind.
“AOG” means Aircraft on Ground, referring to an aircraft that is unserviceable and grounded pending repair.
By requesting a quotation, confirming a booking, signing an aircraft management agreement, or otherwise instructing Westwind to perform any Services, you confirm your acceptance of these Terms in full, including any Service-specific terms referenced in a quotation, booking confirmation, or signed agreement.
If you do not agree with any part of these Terms, you must not proceed with booking or engaging Westwind's Services. Westwind reserves the right to decline any booking or engagement at its sole discretion, including where required for regulatory, safety, or operational reasons.
Westwind Aviation Limited provides premium air charter and aviation services as outlined below. All services are subject to availability, regulatory compliance, and customer acceptance of these terms.
1. VIP & Commuter Charter Services
Westwind provides private aircraft charter for:
Executive and business travel
Leisure and tourism flights
Group and multi-passenger transportation
Custom routing to domestic and international destinations
Service Terms:
Charter pricing is provided upon flight quotation
Minimum notice requirements vary by aircraft type and routing
Flight schedules are subject to aircraft availability and crew readiness
All charters comply with Kenya Civil Aviation Authority (KCAA) and ICAO regulations
2. Medical Evacuation Services (Medevac)
Westwind provides rapid medical evacuation and emergency patient transport with:
Specially equipped aircraft for medical emergencies
Coordination with medical facilities and ground services
24/7 emergency response capability
Professional crew trained in medical protocols
Service Terms:
Medevac services are dispatched based on operational capability and weather conditions
Medical documentation and patient information must be provided upon request
Services are subject to destination country medical entry requirements
3. Cargo & Freight Services
Westwind offers air cargo and freight transportation for:
Time-sensitive shipments
Humanitarian and relief operations
Commercial goods and supplies
Specialized cargo handling upon request
Service Terms:
All cargo must comply with ICAO dangerous goods regulations
Prohibited items will not be transported
Cargo insurance is the responsibility of the shipper unless otherwise agreed
Weight and dimensional limitations apply based on aircraft specifications
4. Specialty Aviation Services
Additional services available upon request include:
Photography and survey flights
Government and diplomatic support
Humanitarian and NGO operations
Customized routing for complex logistics
5. Service Limitations & Disclaimers
Services are not guaranteed and are subject to weather, mechanical, regulatory, and operational constraints
Westwind reserves the right to refuse service if safety or compliance concerns arise
Cancellations due to weather or mechanical issues will result in full refund or rescheduling at no additional cost
Force majeure events beyond reasonable control are exempt from liability
6. Booking & Reservation Terms
Reservations require confirmation and payment of deposit or full charter fee
Cancellation policies vary by service type and notice period provided
Changes to confirmed bookings are subject to availability and potential additional charges
Last-minute bookings may incur premium pricing
Westwind provides aircraft management services to aircraft owners, including crewing, maintenance coordination, regulatory compliance, and operational support. Aircraft management engagements are governed by a separate management agreement executed with the aircraft owner, which takes precedence over these Terms to the extent of any conflict.
Westwind's maintenance division operates as a KCAA-approved Approved Maintenance Organisation (AMO) at Wilson Airport, Nairobi, providing scheduled inspections, repairs, and overhauls in accordance with applicable airworthiness requirements.
All bookings are subject to written confirmation by Westwind. A quotation does not constitute a confirmed booking until accepted in writing and, where applicable, a deposit or payment has been received in accordance with Section 7 (Payments and Fees).
You are responsible for providing accurate passenger manifests, cargo declarations, and travel documentation in sufficient time to allow Westwind to comply with customs, immigration, and aviation security requirements.
As a condition of using Westwind's Services, you agree to:
Provide accurate, complete, and up-to-date information when requesting a quotation or making a booking;
Comply with all applicable laws and regulations, including customs, immigration, and aviation security requirements, in every jurisdiction relevant to your itinerary;
Ensure that all passengers and cargo comply with Westwind's safety instructions and the lawful instructions of the pilot-in-command at all times;
Notify Westwind promptly, and in any event as soon as reasonably practicable, of any changes to your booking, itinerary, or passenger/cargo details;
Not carry any prohibited, hazardous, or illegal goods aboard the Aircraft without Westwind's prior written consent.
All fees are payable in accordance with the quotation or invoice issued at the time of booking, in the currency specified therein. Unless otherwise agreed in writing, a non-refundable deposit is required to confirm a charter booking, with the balance payable prior to departure.
Late payments may attract interest and additional charges as set out in the applicable invoice or agreement. Westwind reserves the right to suspend or cancel a booking where payment is not received by the applicable due date.
Additional charges may apply for, without limitation, overnight crew accommodation, de-icing, landing and handling fees, positioning flights, and any changes requested to a confirmed itinerary.
Cancellation terms vary by Service type and are set out in the applicable booking confirmation or agreement. As a general rule, cancellations made closer to the scheduled departure date will incur a higher cancellation charge, reflecting costs already committed by Westwind (including crew positioning, fuel, and third-party handling arrangements).
Where a refund is due, it will be processed to the original method of payment within a reasonable timeframe following receipt of written cancellation notice, less any applicable cancellation charges, bank charges, or third-party costs already incurred.
Westwind will make reasonable efforts to operate flights as scheduled. However, flight times are estimates only, and Westwind shall not be liable for delays, diversions, or cancellations arising from circumstances beyond its reasonable control, including adverse weather, air traffic control restrictions, mechanical issues identified in the interests of safety, or events described in Section 14 (Force Majeure).
Where Westwind cancels or is unable to operate a confirmed charter for reasons within its control, Westwind will, at its discretion, offer a suitable alternative aircraft, a rescheduled flight, or a refund of amounts paid in respect of the cancelled flight.
Westwind maintains aviation liability insurance in accordance with applicable regulatory requirements. Passengers and cargo are carried subject to the terms of Westwind's applicable insurance policies and any international conventions governing carriage by air that apply to the relevant flight.
You are responsible for arranging your own travel, medical, and cargo insurance as appropriate to your itinerary and the nature of the goods carried.
To the maximum extent permitted by applicable law, and subject to any mandatory liability regime under international or domestic aviation law that cannot be excluded or limited, Westwind shall not be liable for any indirect, incidental, special, or consequential loss or damage arising from or in connection with the Services, including loss of profits, loss of business, or loss of opportunity.
Nothing in these Terms excludes or limits Westwind's liability for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded or limited.
Each party agrees to keep confidential any commercial, financial, or operational information disclosed by the other party in connection with the Services, and not to disclose such information to any third party except as required by law, regulation, or a competent authority, or as necessary to perform the Services.
All content on Westwind's website and marketing materials, including the Westwind name, logo, and branding, are the property of Westwind Aviation Limited or its licensors and may not be reproduced, distributed, or used without Westwind's prior written consent.
Westwind shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, war, civil unrest, government action, airport or airspace closure, epidemic or pandemic, industrial action, or adverse weather.
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Kenya.
The parties shall first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved within thirty (30) days, it shall be subject to the exclusive jurisdiction of the courts of Kenya, save that Westwind may seek injunctive or equivalent urgent relief in any competent jurisdiction.
Westwind may update these Terms from time to time to reflect changes in its Services, regulatory requirements, or operating practices. The “Last Updated” date at the top of these Terms indicates when they were last revised. Continued use of Westwind's Services following any such update constitutes acceptance of the revised Terms.
For questions about these Terms, or to make a booking enquiry, please contact us:
Westwind Aviation Limited, Wilken House, Wilson Airport, Nairobi, Kenya
Email: legal@wilken.co.ke