Terms & Conditions
All transactions between customers and operators who enter into transactions with the Company to provide flying tuition courses, flying training, self-fly hire, block hire and hourly aircraft hire are subject to the following terms and conditions.
These terms and conditions shall apply to the exclusion of any other terms which a customer or operator may seek to introduce.
No variation to these terms and conditions shall be binding unless agreed in writing with authorised representatives of the Company.
1.1 "The Company”, which term shall include any affiliated, associated or subsidiary company thereto and shall, unless the context otherwise provides, include any servant, or agent, means Aeros Global Ltd T/A Aeros Flight Training, reg. No. 4488176, whose head office is at Airport House, Coventry Airport North, Rowley Road, Coventry CV3 4FR or any successor or assignee of the business for the time being.
1.2 "The Operator” shall mean the person or organisation from time to time having the management or possession or control of an aircraft whether as owner, user, pilot or otherwise and shall mean the person(s) or body or organisation (and their respective servants, agents and contractors) using, attempting to make use of or having used the facilities or received the supply of goods and services offered by the Company at the Airport or elsewhere.
1.3 "The Customer” shall mean the other party to the contract for the supply of goods and services by the company.
1.4 "The Airport” means all that area comprising;
Gloucestershire Airport, Cheltenham, Glos GL51 6SP;
Coventry Airport North, Rowley Road, Coventry CV3 4FR;
Cardiff Airport, Southside, Rhoose, Glamorgan CF62 3BD;
Wellesbourne Airfield, Loxley Lane, Wellesbourne, CV35 9EU, and;
Doncaster Airport, First Avenue, Doncaster Sheffield Airport, Doncaster, DN9 3RH
and the term ‘airport’ shall be interchangeable with the terms ‘airfield’, ‘airstrip’, ‘aerodrome’ or any other like term, where the context so dictates and such terms shall bear their ordinary and usual meaning according to English Law.
1.5 "The Conditions” means these Terms and Conditions of the company whether in writing or otherwise made by the Company or on its behalf. A copy of the conditions is available on request from the Company and is on display on the club notice board but shall be deemed to bind the Operators and Customer whether or not a copy has been requested. In the event of inconsistency and so far as permitted by law these conditions shall take precedence over any other conditions or terms. The conditions shall be construed in all respects according to English Law.
1.6 "The Premises” means:
SE16 & SE22, Gloucestershire Airport, Cheltenham, Glos GL51 6SP;
Airport House, Coventry Airport North, Coventry CV3 4FR;
The White Building, Cardiff Airport, Rhoose, Glamorgan CF62 3BD;
Wellesbourne Airfield, Loxley Lane, Wellesbourne, CV35 9EU;
Heyford House, First Avenue, Doncaster Sheffield Airport, Doncaster, DN9 3RH, and;
any such building that from time to time may be occupied by the Company.
1.7 "Courses” means any flying tuition courses, flying training, self-fly hire, block hire and hourly aircraft hire provided by the Company.
1.8 For the purposes of being bound by these Terms and Conditions, the Operator warrants that he has full authority and power to bind as their agent any owner, lesser, mortgagor, lender or pilot of the aircraft and all their respective servants, agents or contractors.
1.9 If any words are not defined in these terms and conditions they shall, unless the context requires otherwise, have such meaning as are attributed to them in the current edition of the International Air Transport Association Airport Handling Manual, the 'Airport' By-laws and Operating Manual or the Civil Aviation Act 1982.
2.0 Confirmation of Booking – Your Payment Obligations
2.1 The price of the training course is shown on the booking confirmation form. The enrolment fee, as shown, is to be paid in full and is a requirement before training can commence. The balance of the course fee(s) is payable as training is undertaken. Students will not be permitted to fly if their account is in arrears at any time.
2.2 The enrolment fee paid to the Company is non-refundable, except for unavoidable circumstances and only then at the discretion of the Operator. The Operator’s decision will be final.
3.0 Late Payment of Course Fees
3.1 Details of the payments for flight courses are shown on the enrolment form. To avoid disappointment, you should ensure that any payment due on commencement of training is received by us when you arrive.
3.2 All cancellations made by you, the student, will be subject to a cancellation charge calculated by reference to the table below based on the amount of written notice of cancellation which you communicate to us.
3.3 For Fastrack contracts the enrolment fee is non-refundable once training has commenced. For other contracts and continuation of Fastrack modules the following charges are applicable:
Cancellation received with 3 calendar months’ notice 10% charge
Cancellation received with 2 calendar months’ notice 20% charge
Cancellation received with 1 calendar months’ notice 40% charge
Cancellation received with 7-28 days’ notice 50% charge
Cancellation received with 0-7 days’ notice 100% charge
Where discounts have been applied based on a full training programme, these will be reassessed at standard prices.
3.4 The agreed course price referred to in the enrolment for the current calendar year, January to December. We reserve the right to demand additional fees to cover any price increases which may arise from time to time. See condition 4.
3.5 We may at our discretion credit part or all of a fully paid cancellation charge towards an alternative course if you accept, attend and pay for a course on an alternative date. Subject to any price increases that occur between the original and the alternative booking dates. The Operator’s decision is final.
3.6 We reserve the right to charge the original cancellation fee should a course be canceled following a re-arranged date.
3.7 All requests for payment will be supported by an invoice.
4.0 Additional Charges
4.1 If it is agreed between the 'Company' and the 'Customer' that additional training is appropriate we will provide this in accordance with our published price list applicable at the time such training takes place. A copy of our price list is available on request. Please note that prices are held for the current calendar year, January to December.
4.2 Note carefully which, if any, examination and test fees are included in the enrolment confirmation. The cost of re-sitting examinations and tests must be paid for by the 'Customer'. Aircraft hire for retests are charged as shown in our price list applicable at the time.
4.3 If during and before the expiry of the course we become liable for cost increases outside our control, including but not limited to, changes in legislation, aviation fuel prices, landing fees, exchange rates, we will invoice you with such additional costs.
4.4 If through no fault of ours you are, having commenced training, transferred to a later course or if your training is delayed, you may be charged a supplement to reflect the increase in price applicable to the time delay or the price on the new course.
5.0 Your Obligations
5.1 If you fail to attend any training and thereby cause disruption to our training programme, you will be invoiced at up to 100% of the price for that training as set out in the price list at that time.
5.2 You are responsible for all your own expenses unless they are set out as being included in part of the booking confirmation course price.
6.0 Settlement of Overdue Accounts
6.1 Before you complete the course, we require any outstanding accounts with us to be settled. We reserve the right to charge interest at a rate of 3% over our banks’ lending rate in force at the time on any monies overdue. We will not release any signed paperwork for the issue of a licence or rating until your account is settled in full.
6.2 You must ensure that you have all the licences and medical certificates required by the CAA and others and make sure these remain valid throughout your period of training. You are required to sign a declaration to this effect to confirm to us that we can confirm that you have complied with any course pre-requisites before we process a booking confirmation.
6.2.1 All courses provided by the 'Company' are administrated and governed in accordance with all regulations provided by the Civil Aviation Authority. As a result, we insist that you always comply with the terms and conditions of our approved Operations Manual during your training and flying. A copy of the Operations Manual is available and must be signed before you commence training. If you breach any of the terms of the Operations Manual at any time, we reserve the right to terminate this agreement immediately without offering a refund.
6.3 It is your responsibility to ensure you have a valid passport, visas and any other insurance documentation required in order to undertake training in the UK. You will be required to sign a declaration to this effect.
7.0 Your Responsibility for Damage to Aircraft or Property
7.1 You are required to look after our property. If you damage our property, you will be required to pay for any loss suffered. Provided such damage has not been caused by your gross or repeated negligence or wilful default, the amount claimed from you will not normally exceed a maximum insurance excess of £750.00 for single-engine aircraft and £1500.00 for twin engine aircraft, provided the damage is covered by our insurance.
7.2 If you have paid an enrolment fee of £1,000 or greater you are exempt from all excesses.
8.0 Our Responsibility to You
8.1 We will ensure you receive the training as set out in the enrolment confirmation and in accordance with these terms and conditions which are signed by the student and which accompany payment in full or enrolment fee to secure the course.
8.2 We undertake to provide the training set out in the specification.
8.3 We will ensure that we are in possession of all the necessary regulatory approvals to conduct the training.
8.4 Except in respect of death or personal injury caused by our negligence we shall not be liable to you for any representations made which are not covered in this Agreement, nor any implied warranty, condition or other term, any duty at common law or under the express terms of this agreement for any loss of profit, or indirect, special consequential loss, damage, costs, expenses whether caused by our negligence or those of our employees or agents.
8.5 Save in respect of death or personal injury caused by our negligence, any liability we have to you in connection with this agreement or the services we supply shall not exceed the price paid for the course.
8.6 We shall not have any liability to you or be deemed to be in breach of this Agreement, by reason of any delay in performing our obligations if such delay was due to causes beyond our reasonable control.
8.7 Neither the Company nor any of its employees, servants or agents shall be liable for any loss or damage, including consequential loss or damage, costs or expenses arising from or relating to acts or omissions of third parties at the Airport, whether to users of the Airport, members of the public, intruders or otherwise provided that nothing in this clause shall exclude or restrict any liability of the Company for death or personal injury resulting from its negligence.
8.8 By accepting you for training we do not give any implied assurance that you are suitable for training or that you will successfully complete your training.
8.9 We cannot accept any responsibility for any loss you may suffer as a result of any regulatory changes relating to qualifications or licence issues during your period of training.
9.1 We will use all reasonable endeavours to insure against loss or damage to property and injuries to persons arising from our obligations under this Agreement where it is commercially prudent to do so and provided the costs are acceptable to us.
9.2 The fact that we may be insured does not affect your duty of care and does not stop you being liable for the consequences of your own negligence or failure to meet your obligations.
9.3 The enrolment form shows in respect of some courses, where additional medical, travel and aviation insurance is recommended. You will be required to sign a declaration on booking your course that you have or will put in place arrangements to cover our recommendations.
9,4 We do not accept any responsibility for any damage, loss or theft of any of your personal property while on our facilities.
9.5 In accordance with usual aviation insurance custom, we do not provide insurance for pilots in the event of death or personal injury whilst flying the aircraft. You are responsible for arranging your own personal injury insurance cover whilst you are undertaking flying tuition and also during the course of any hourly hire contracts entered into for the use of our aircraft.
9.6 You are required to effect appropriate insurance and to produce to us evidence of such insurance on demand.
10.0 How may this Agreement be terminated
10.1 You may withdraw from training at any time. If at any time you decide to terminate the training, you will not be entitled to a refund of any of the fees paid (save for extenuating circumstances at the discretion of the course providers).
10.2 We may terminate this Agreement if:
10.2a We consider at any time that you are not suitable for the training.
10.2b If you are in breach of this Agreement, including any breach of the Operations Manual.
10.3 If we do decide to terminate this Agreement by reason of your breach of contract, you will not be entitled to a refund of any monies paid.
10.4 You have agreed to undertake the training courses as scheduled in this contract. If for any reason you decide to undertake any of the courses at a third party provider not approved by Aeros, this will be in breach of this contract and your training will be terminated. You will not be allowed to undertake any further courses. No refund will be permitted and you could be liable for any additional costs incurred by Aeros.
11.0 Copyright and Confidentiality
11.1 The copyright in any material or documentation or software that we supply to you on whatever media remains vested in us. Whilst you may retain the training materials you are not authorised to make these available to any other person or to make additional copies without our prior written permission.
12.0 General Terms and Conditions
12.1 This is the entire Agreement between us and takes priority over any statement made by the Company, any agents servants or employees concerning the provision by us of goods and services.
12.2 This Agreement can only be varied by an authorised representative of the Company if agreed with you in writing.
12.3 If we do not exercise a right at any time under this Agreement it does not mean we have waived it or cannot exercise it later.
12.4 If any provision of this Agreement is held invalid, the validity of the rest is unaffected.
12.5 The references to payment or prices mean, unless stated otherwise, payment in cleared funds in pounds sterling net of all deductions.
12.6 All references to payment or prices include VAT unless otherwise stated.
12.7 We reserve our right to assign or subcontract all or any of our rights and obligations under this Agreement. You are not entitled to assign this Agreement to any other person.
12.8 This Agreement is subject to the laws of England.
Aeros is committed to providing an environment conducive to study.