GCBA Code of Professional Conduct

This Code applies to:

• Charter Broker Members;
• Provisional Broker Members;
• individual professional members engaged in brokerage;
• directors and senior managers responsible for a member's brokerage activities;
• employees, contractors and representatives acting on behalf of a member; and
• other membership categories where the relevant obligation can reasonably apply.

Member companies must take reasonable steps to ensure that their employees, representatives and subcontractors understand and follow this Code.

A member may not avoid responsibility by delegating an activity to an employee, affiliated company, subcontractor, technology platform or another broker.

Members must comply with all laws, regulations, licensing requirements, sanctions, tax obligations and consumer-protection requirements applicable to their business and each transaction.

Where this Code and applicable law impose different requirements, the stricter lawful requirement should normally be followed.

Members must clearly identify themselves as air charter brokers when they are acting as brokers.

Members must not represent themselves as aircraft operators, direct air carriers or aircraft owners unless that representation is accurate and legally supportable.

Before a client enters into a charter commitment, the member must clearly explain the capacity in which it is acting, where relevant, including whether it acts:

• as agent for the client;
• as agent for the aircraft operator;
• as a principal or indirect air carrier where legally permitted;
• as an intermediary for another broker; or
• in another legally recognised capacity.

Members must make clear that operational control of a flight remains with the appropriately authorised aircraft operator.

A broker must not suggest that it controls operational matters reserved to the operator, including:

• aircraft dispatch;
• crew decisions;
• operational safety;
• weather acceptance;
• fuel planning;
• aircraft substitution for operational reasons;
• flight-duty decisions; or
• the final decision to operate, delay, divert or cancel a flight.

Members must not use language, branding, aircraft imagery or other representations that create a materially misleading impression that the broker owns or operates an aircraft fleet.

Statements such as "our fleet," "our aircraft" or "our pilots" should only be used when factually accurate and not misleading in context.

Members must act within the authority granted by the client or other appointing party.

Members must identify, manage and, where material, disclose conflicts of interest that could reasonably affect their independence or recommendations.

Members must not obtain a secret profit or undisclosed financial benefit in breach of:

• applicable law;
• the member's stated role;
• an agency obligation;
• an agreed pricing structure; or
• the member's contract with the client or operator.

A material ownership, referral, commission or commercial relationship with a recommended operator, broker or service provider must be disclosed when required by law or where the relationship could reasonably influence the client's decision.

Where another broker or intermediary is materially involved in arranging the flight, the member must not deliberately conceal that involvement where disclosure is required by law, contract or the legitimate interests of the client.

Before arranging a flight, members must undertake reasonable and documented due diligence appropriate to:

• the jurisdiction;
• the aircraft;
• the proposed operation;
• the operator;
• the client's requirements; and
• the information reasonably available to the broker.

Members must take reasonable steps to establish that the proposed flight will be operated by an appropriately licensed or authorised direct air carrier.

Depending on the jurisdiction, relevant evidence may include:

• an Air Operator Certificate;
• operating specifications;
• Part 135 authority;
• commercial air transport permissions;
• aircraft listings;
• applicable foreign-carrier permissions; and
• other regulatory documentation.

Members must take reasonable steps to establish that the operator maintains insurance appropriate to the proposed operation and applicable legal requirements.

Members must not misrepresent the scope or amount of an operator's insurance.

Members should maintain records identifying the intended operator and aircraft or aircraft category, subject to legitimate operational substitutions.

A member must not knowingly arrange, promote or facilitate an unlawful or unauthorised commercial flight.

Where a material concern regarding operating authority or legality cannot be resolved, the member must suspend or decline the arrangement.

Members must not knowingly use or recommend sham leases, artificial structures, misleading cost-sharing arrangements or other mechanisms intended to disguise an unlawful commercial charter operation.

The identity of the operator exercising operational control must be communicated to the client before the charter contract is concluded where it is known and where disclosure is legally required.

If the operator or another material aspect of the flight changes, the member must notify the client promptly and explain any material effect on:

• price;
• aircraft;
• capacity;
• schedule;
• contractual rights;
• safety representation; or
• service level.

Members must not represent an aircraft type, model, age, configuration or registration as guaranteed unless it is contractually guaranteed.

Statements about operator safety audits, ratings, certifications or third-party assessments must be accurate, current and capable of substantiation.

Membership of GCBA must not be presented as an aircraft safety certification.

Members must maintain knowledge appropriate to the services they provide, including relevant understanding of:

• aircraft categories and capabilities;
• airport limitations;
• passenger and baggage requirements;
• commercial charter regulations;
• operator documentation;
• charter contracts;
• operational-control principles;
• international flight requirements;
• payment risks; and
• client communication.

Members must use reasonable care when recommending an aircraft or charter solution.

Relevant considerations may include:

• passenger numbers;
• baggage;
• pets;
• range;
• runway performance;
• airport access;
• cabin requirements;
• accessibility needs;
• permits;
• expected weather;
• crew-duty limitations; and
• schedule feasibility.

Members arranging medical, dangerous-goods, cargo, government, high-risk or other specialist operations must use personnel and providers with suitable expertise.

Members must not guarantee that a flight will operate where the decision depends on weather, safety, regulatory approval, airport availability or the operator's operational judgement.

Quotations must be presented clearly and must not intentionally omit material charges that the member reasonably expects will apply.

Where relevant, the quotation or accompanying communication should explain:

• taxes and fees;
• positioning costs;
• de-icing;
• waiting time;
• overnight costs;
• airport charges;
• parking;
• catering;
• ground transportation;
• passenger taxes;
• currency assumptions; and
• other material exclusions or variable costs.

The client must be able to understand which company it is contracting with and the role of each material party.

Clients must be given a reasonable opportunity to review applicable terms before making a binding commitment or non-refundable payment.

Cancellation, refund, substitution and additional-cost provisions must be communicated clearly and must not be deliberately hidden or presented in a misleading manner.

Members must promptly communicate material price changes and must not impose charges that have no contractual or lawful basis.

Client funds must be used and administered in accordance with:

• the applicable contract;
• the member's disclosed role;
• applicable law; and
• any representation made to the client.

Members must not describe funds as protected, segregated, held in escrow or held in trust unless that description is accurate and legally supportable.

Members must maintain complete and accurate records of material payments, refunds, credits and disbursements.

Refunds that are contractually or legally due must be processed without unreasonable delay.

A member must not continue accepting client payments where it knows, or should reasonably know, that it cannot meet the resulting obligations without clearly disclosing the material risk and taking lawful protective measures.

Members must maintain reasonable controls intended to prevent payment diversion, invoice fraud and unauthorised changes to bank details.

Advertising, websites, social-media content, quotations and direct communications must be truthful, clear and not materially misleading.

Members must not knowingly advertise aircraft, flights, empty legs or prices that are fictitious, materially outdated or unavailable solely to generate enquiries.

Indicative prices must be identified as indicative.

Members must not claim licences, memberships, approvals, accreditations, partnerships, awards or certifications they do not hold.

Testimonials, reviews and endorsements must not be fabricated or materially altered in a misleading manner.

Where artificial intelligence or automated systems materially contribute to a recommendation, quotation, aircraft match or client communication, the member remains responsible for the resulting service.

Members must take reasonable steps to:

• review material automated outputs;
• prevent fabricated aircraft or operator information;
• protect confidential data;
• distinguish indicative results from confirmed availability; and
• provide human review before a binding charter commitment.

Materially inaccurate public information must be corrected within a reasonable period after the member becomes aware of it.

Members must protect confidential client, passenger, operator and commercial information.

Personal data must be collected, processed, retained and shared in accordance with applicable data-protection and privacy laws.

Members should collect only information reasonably required for the charter, legal compliance, security, service delivery or another legitimate business purpose.

Passenger identification, travel itineraries, medical information, payment data and security-related information must receive appropriate protection.

Members must maintain reasonable technical and organisational safeguards appropriate to the nature of the information they hold.

Material data breaches or cybersecurity incidents must be handled promptly and reported where required by law.

Members must treat operators, other brokers, employees, suppliers and professional partners fairly and respectfully.

Members must not knowingly make false or malicious statements about another industry participant.

This does not prevent good-faith reporting of safety, legal, regulatory, ethical or contractual concerns.

Members must respect confidential pricing, aircraft availability and commercial information received from operators and other brokers.

Members must not intentionally circumvent another broker, operator or intermediary in violation of an enforceable agreement or through dishonest use of confidential information.

GCBA activities and member collaboration must comply with applicable competition and antitrust laws.

Members must not use GCBA meetings, working groups or communication channels to:

• fix prices or commissions;
• allocate clients or markets;
• coordinate bids;
• restrict lawful competition;
• collectively exclude competitors; or
• exchange competitively sensitive information without a legitimate and lawful purpose.

Members must maintain an accessible and proportionate process for receiving and reviewing complaints.

Complaints must be acknowledged and addressed fairly within a reasonable period.

Members must preserve relevant documentation and provide the complainant with a clear explanation of the outcome, subject to confidentiality and legal restrictions.

Where a member identifies an error, breach or service failure, it must take appropriate corrective action.

Members must not retaliate against a person solely for submitting a complaint or raising a concern in good faith.

Members must cooperate honestly with an authorised GCBA complaints, profile-review or disciplinary process.

Members must provide training appropriate to each employee's responsibilities.

Inexperienced employees must receive appropriate supervision before independently managing complex or high-risk charter transactions.

Members should support continuing professional development in areas relevant to their services.

Compensation and sales incentives should not encourage employees to:

• conceal material information;
• recommend unsuitable aircraft;
• disregard operator-verification concerns;
• misrepresent availability; or
• prioritise commission over lawful and responsible conduct.

Members may only use the membership designation and GCBA marks authorised for their current membership status.

Members must not represent GCBA membership as:

• an operator licence;
• a government approval;
• a flight-safety guarantee;
• an aircraft airworthiness certification; or
• a substitute for client due diligence.

A suspended, resigned or terminated member must stop using restricted GCBA marks and membership claims in accordance with GCBA rules.

Where a member states that it has committed to this Code, the applicable version and status should be capable of verification through the GCBA website.

The GCBA Board or designated Standards Committee is responsible for the interpretation and periodic review of this Code.

Guidance notes may be published to support consistent application, but guidance must not silently amend the Code.

Material amendments must be:

• assigned a new version number;
• dated;
• recorded in the public changelog; and
• communicated to affected members.

Members will be given a reasonable period to implement material new requirements unless immediate action is required by law or to address a serious risk.