Air Academy Terms and Conditions.

 

1 Introduction
1.1 These are the general terms and conditions (Terms) upon which Air Academy provides its pilot training courses and other service offerings.

1.2 References in these Terms to we, our, us and Air Academy are references to Selchuck Tahsin t/a Air Academy, Elstree Aerodrome, Hogg Lane, Borehamwood, Hertfordshire, WD6 3AW.

1.3 By submitting a membership form to us, electronically or otherwise, for enrolment on a Course or for a service (as defined below), you acknowledge and agree that these Terms will become legally binding on you.

1.4 In respect of self fly hire or any other of our service offerings, you acknowledge and agree that these Terms will become legally binding on you at the time you make the booking with us either by telephone, email or by using our online booking system.

1.5 In the event of any conflicts or inconsistencies between these Terms and any other documents pertaining to your enrolment and participation on a Course, hire of an Aircraft (as defined below), or any other service offering (as the case may be) including any brochures, advertising material, descriptions on our website, these Terms shall prevail.

2 Definitions

2.1 In these Terms:
Aircraft means one of the aircraft owned or leased to us and used on a Course or made available by us for self fly hire;

CAA means the UK Civil Aviation Authority or any replacement or successor body;

Course means any pilot training or related course or service offered and provided by Air Academy from time to time;

EASA means the European Aviation Safety Agency or any replacement or successor body;
Hirer means a person making a self fly hire booking whether a Student or not;

JAA means the Joint Aviation Authority or any replacement or successor body;

Operational Manual means the operational manual relating to the relevant Aircraft, a copy of which is available at our premises or upon request.

Pilot in Command means the person aboard the Aircraft who is ultimately responsible for its operation and safety during the flight;

Pilot’s Operating Handbook means a document containing the information required to operate the relevant Aircraft, a copy of of which is available at our premises or upon request.

Premises means Air Academy, Elstree Aerodrome, Hogg Lane, Borehamwood, Hertfordshire, WD6 3AW;

and Student means any person accepted by us in writing on a Course.

2.2 In these Terms:
(a) words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders, and words importing persons shall include bodies corporate, unincorporated associations and partnerships;

(b) any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;

(c) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(d) headings are included for ease of reference only and shall not affect the interpretation or
construction of these terms and conditions.

3 General Course Terms

3.1 The provision of clauses 3 and 4 of the Terms shall apply to Students on any and all Courses.

3.2 Students will only be allowed to fly as Pilot in Command if:

(a) they hold a current appropriate type rating to fly the Aircraft in question; and either
(b) they have flown the same type of aircraft within 28 days prior to the flight; or
(c) they have passed our 28 day check.

3.3 Students must have read the Operations Manual for the Aircraft in question and the relevant Pilot’s Operating Handbook before the flight and must at all times comply with the requirements of the Operational Manual and Pilot’s Operating Handbook.

3.4 In order to be eligible to enrol on a Course you must meet all minimum entry requirements for the relevant Course, including those specified by the CAA, JAA and EASA. On applying for admission to a Course, you warrant and represent to us that you satisfy all the specified Course requirements and can provide appropriate evidence of this on request from us.

3.5 If at any time any document you supply to us in connection with your admission onto a Course or otherwise (including passports, visas, medical certificates, existing licences or ratings) is found to be or, in the reasonable opinion of Air Academy is thought to be, false or forged, Air Academy may (i) immediately suspend or expel you form the relevant Course without any refund in respect of the fees you have paid; and (ii) inform the CAA and any other relevant authority including the police about the forged or false document.

3.6 You warrant that you are entitled to reside within the United Kingdom and undertake the Course, either by virtue of being a national of an EU country or by holding an appropriate visa issued by the UK authorities.

3.7 You acknowledge and agree that we will retain the details of all Students and shall be at liberty to disclose any and all such information to the police, immigration and other relevant authorities including the CAA.

3.8 Student assessments and results are recorded and may be held by us on electronic and hard copy file for up to a maximum of 7 years in accordance with our Privacy Policy. Should you fail an assessment or exercise you may (if appropriate and at our sole discretion) be offered the opportunity to re-take the assessment.

3.9 You acknowledge that any published completion time for the Course is based on average Student performance and is not in any way to be relied upon by you.

3.10 Air Academy reserves the right to substitute Aircraft of equal or higher specification, should this become necessary, in order to complete training requirements.

4 Courses

4.1 Once you have been accepted on a Course we will notify you of your flying account details..

4.2 Payment of fees and other related costs must be made following each flight in accordance with these
Terms.

4.3 Students enrolling on a Course will be charged for each flight at our standard hourly rate in force at the time of the flight and available on our website.

4.4 Bookings must be made via the online booking system.

4.5 Any booking may have to be changed due to operational reasons, especially if the booked slot is before 17:00;

4.6 The Student acknowledges and understands that their roster and/or schedule may be varied by us on very short notice due to factors outside our control including weather conditions, air traffic control, regulatory requirements and urgent aircraft maintenance. Air Academy will have no responsibility or liability to any Student in connection with postponement or cancellation of a flight.

5 Behaviour

5.1 You shall conduct yourself in a professional and polite manner at all times whilst on the Premises.

5.2 You will be held responsible and liable for any damage to or loss of Air Academy’s or any third party’s property caused by you.

5.3 Consumption of alcohol and illegal drugs is strictly forbidden on the Premises and must not be consumed within 12 hours of any flight, simulator or ground training.

5.45 Air Academy will refuse to allow a Student to fly if, in our reasonable opinion, the Student is unfit to fly whether as a result of the consumption of alcohol and/or drugs, illness or any other reason.

5.6 Air Academy equipment including telephones, printers and the computer cannot be used without our prior approval. No items belonging to Air Academy may be removed from the Premises without our prior approval.

5.7 Physical violence or the threat of violence (whether physical, verbal or otherwise) against any person whilst undertaking training at Air Academy will result in instant dismissal from the Course and no refund of fees will be made.

6 Financial

6.1 The prices for all Courses , lessons and experiences can be found on Air Academy’s website at as may be amended by Air Academy from time to time. Unless otherwise stated prices do NOT include landing fees.

6.2 If a booking has to be cancelled by Air Academy for whatever reason, Air Academy will not be liable for any additional expenses incurred by the Student in connection with the booking.

6.3 You acknowledge and agree that fees for any additional training, including additional airport costs (beyond the training provided under the enrolled Course) will be charged by us at our published rates at the time the additional training is provided.

6.4 Air Academy will not be held liable for any costs incurred by you due to diversions caused by Air Traffic Control instructions, weather conditions or other circumstances or events outside our control.

7 Course Suspension

7.1 You acknowledge and agree that Air Academy may have to suspend a Course due to technical problems relating to an Aircraft or due to any regulatory or operational reasons.

7.2 Air Academy will endeavour to contact Students in advance in such circumstances but this may not always be possible.

8 Self Fly Hire

8.1 The Hirer is responsible for ensuring that their rating is current and appropriate for the type of aircraft they have selected to hire. Air Academy have no liability in connection with any failure of a Hirer to have the appropriate rating and accordingly the Hirer will indemnify Air Academy in full against any financial penalties, fines, costs, expenses and losses incurred by Air Academy in connection with the Hirer not having the appropriate rating.

8.2 Air Academy has the right to insist, without explanation, on the Hirer taking a flight with an instructor before permitting the Hirer to take a solo flight. In addition to the standard flight costs, the Hirer will be charged for the instructor’s time in accordance with our published rates.

8.3 Air Academy requires a deposit to be paid prior to booking an aircraft. If the Hirer refuses to pay a deposit then the booking will not be made.

8.4 Bookings for flying hours may be made via the online booking system.

8.5 The Hirer acknowledges and agrees that booking times may be changed by Air Academy due to operational reasons and/or events or circumstances outside our control including weather conditions, air traffic control, regulatory requirements and urgent aircraft maintenance. Air Academy will have no responsibility or liability to the Hirer in connection with the postponement or cancellation of a booking.

8.6 A cancellation fee may apply if the booking is cancelled by the Hirer with less than 24 hours’ notice.

8.7 The Hirer must ensure that:
(a) all the legal documents relating to the Aircraft, the flight and/or the Hirer are correct and, if necessary, on board the Aircraft prior to taking off;
(b) the appropriate weight and balance calculations have been performed before the flight; and
(c) the technical log is completed at the end of the flight.

8.8 The Hirer is responsible for the Aircraft during the booked hire period and is liable for any losses from the Aircraft, if left unlocked or otherwise, and any damage whatsoever caused to the Aircraft. The Hirer is responsible for locking the Aircraft and ensuring it is tied down, if necessary, at the end of the hire period. Air Academy has the right to claim from the Hirer for any damages incurred during the hire period, including loss of revenue if the Aircraft is rendered unavailable for further hire.

8.9 The Hirer is responsible for all aerodrome and navigation fees.

8.10 The Hirer acknowledges and agrees that Air Academy can request that the Hirer return the aircraftat any time during the hire period. The Hirer will return and land the aircraft promptly on receipt of a request from Air Academy. In such circumstances the Hirer will only be charged for the actual time used and any fees paid in advance will be refunded to the Hirer.

8.12 If the booked Aircraft should become unavailable, for any reason, then the booking will be cancelled and Air Academy will accept no responsibility for any additional expenses incurred by the Hirer.

9 Trial Flying Lessons

9.1 Air Academy offers Trial Flying Lessons subject to the terms and conditions of this clause .

9.2 Trial Flying Lesson flight time includes taxiing to the take-off position, the duration of the flight and taxiing back to the parking bay after landing. The time spent on the pre-flight briefing is additional to the flight time and is not deducted from the flight time.

9.3 An additional person/s may be accommodated in the back of the Aircraft subject to aircraft type booked and weight of the person. Air Academy has the final decision on whether an extra person/s can be carried. If carrying of an extra person/s is an important part of the experience, this must be stated at time of booking so that a suitable Aircraft can be booked.

10 Variation

10.1 Air Academy reserves the right to amend these Terms at any time and will endeavour to provide notification of such changes on our website

10.2 No employee, agent, or other representative of Air Academy has authority to verbally modify or waive any of its terms. Any modifications to, or waiver of, these Terms will be invalid unless they are in writing and signed by the Managing Director of Air Academy

11 Liability and Indemnity

11.1 Nothing in these Terms shall limit or exclude either party’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees,agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by law.

11.2 Subject to clause

11.1 
(a) Air Academy shall under no circumstances whatsoever be liable to any Student or Hirer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms; and
(b) Air Academy’s total aggregate liability to a Student or Hirer in respect of all other losses arising under
or in connection with these Terms, any Course or any flight or service provided by Air Academy whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of fees paid by the Student or Hirer (as the case may be).

12 Entire Agreement

These Terms together with our privacy policy, website terms and conditions and general disclaimers and other documents accompanying a course or service constitute the entire agreement between Air Academy, Student or Hirer and supersede all previous agreements in relation to the use of our website and/or participation on a Course or hiring an aircraft from us.

13 Dispute Resolution

13.1 If you have any reason to make a complaint about the Courses, then you should firstly discuss the complaint with the relevant instructor. If the complaint cannot be resolved then the matter will be referred to the designated Chief Flying Instructor of Air Academy from time to time.

14 Termination

14.1 Without affecting any other right or remedy available to it (including any right to terminate a Student’s attendance on a Course which is set out elsewhere in these Terms), Air Academy reserves the right to terminate the Student’s enrolment should the Student violate any or all of these Terms and that Student will not be entitled to any refund of Course fees or other monies paid to Air Academy.

14.2 Enrolment may be terminated by Air Academy, if it at its sole discretion considers the Student’s competencies, aptitude or character unsuitable for further training or if the Student:

15 Data Protection

15.1 Air Academy will use the personal information Students provide to Air Academy in accordance with the Privacy Policy available.

16 Confidentiality

16.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customer, clients or suppliers or the other party, except as permitted by clauses 16.2 and 16.3.

16.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Terms. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 16; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

16.3 Air Academy may share a Student’s training record detailing the exercises/flights undertaken by the Student, including any instructor comments and grades on the Student’s performance, with a Student’s prospective employer subject to complying with applicable data protection legislation.

16.4 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms.

 

17 Marketing
If reasonably required by Air Academy, the Student shall participate in such reasonable marketing activities as may be directed by Air Academy from time to time.

18 Miscellaneous Provisions

16.1 If a court or any other competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

16.2 A waiver of any right under these Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by us in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its  further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

16.3 No third party shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

17 Governing Law and Jurisdiction

17.1 These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law.

17.2 Subject to clause 17.3, we and you irrevocably agree that any dispute or claim arising out of or in connection with these Terms, their subject matter or formation (including without limitation any non-contractual dispute or claim) will be subject to the exclusive jurisdiction of the English courts.

17.3 If you fail to pay us on time for any monies due to us under these then you acknowledge and agree that we may bring a claim against you for non-payment in any jurisdiction in which you or your assets are located.

17.4 In respect of self fly hire or any other of our service offerings, you acknowledge and agree that these Terms will become legally binding on you at the time you make the booking with us either by telephone, email or by using our online booking system.

17.5 In the event of any conflicts or inconsistencies between these Terms and any other documents pertaining to your enrolment and participation on a Course, hire of an Aircraft (as defined below), or any other service offering (as the case may be) including any brochures, advertising material, descriptions onour website, these Terms shall  prevail.