1.1 These are the general terms and conditions (Terms) upon which North West Flight Training provides its pilot training courses and other service offerings.
1.2 References in these Terms to we, our, us and North West Flight Training are references to Fly Llanbedr Limited, a company registered in England and Wales with company number 08866828 whose registered office is at 49 Liverpool Road North, Burscough, Lancs, L40 0SA
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.
2.1 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 North West Flight Training 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 North West Flight Training, Blackpool Airport, U.K; 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 North West Flight Training is thought to be, false or forged, North West Flight Training 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 If you are undertaking a Course by virtue of an appropriate visa, the visa must be produced to North West Flight Training prior to commencement of that Course and on any subsequent renewal of that visa during the period of the Course. Should you fail to complete the Course for any reason whatsoever, you shall have responsibility for informing the relevant authorities, however, you acknowledge and agree that North West Flight Training may advise the issuer of the visa that you have ceased to be admitted on a Course. You understand and agree that North West Flight Training shall comply with the recommended practices of the UK Border Agency guidelines in relation to Students whose attendance levels are unsatisfactory.
3.8 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.
3.9 If for any reason you fail to attend any of your flying slots during the Course you may be required to make up the missed hours before you can complete the Course. You acknowledge and agree that you shall pay any additional costs reasonably incurred by us in connection with any rescheduling of your slots as a result of your absence. All rescheduled flights will be charged at our hourly rates in force at the time of the re-arranged slot.
3.10 You acknowledge and agree that (where applicable) all flight, simulator and/or academic training is offered by North West Flight Training only as part of a Course and we have no obligation to make any flight, simulator and/or training slots available to you on any other basis.
3.11 Where successful completion of a Course requires you to undertake a regulatory body examination, your entry to the examination will be at the discretion of North West Flight Training. Our decision will be based on how we perceive your level of understanding (as demonstrated by your completion of and the results you obtain in our assessments) and ability in accordance with the regulations laid down by the CAA/JAA/EASA.
3.13 The successful completion of a Course requires certain skills, aptitude, motivation, diligence and capacity to accept instruction on your part which cannot be evaluated in advance. Accordingly, you acknowledge and agree that no employee, agent or other representative of North West Flight Training can or does make any representation, promise or warranty concerning:
(a) your ability to successfully complete the Course, or any part thereof, either at all or within a specified period of time; or
(b) the time necessary to obtain one or more particular ratings, a given number of flight hours or to successfully complete written tests and flight tests.
3.14 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.
3.15 North West Flight Training reserves the right to substitute Aircraft of equal or higher specification, should this become necessary, in order to complete training requirements.
3.16 North West Flight Training cannot and does not guarantee employment to any Student upon successful completion of a Course. Whilst we may, at our discretion provide you with reasonable assistance to attain your goals where appropriate for us to do so, North West Flight Training will have no liability to you in connection with your employment status at any time following completion of a Course.
4 Full Time and Part Time Courses
4.1 A Course may be completed on either a full-time or part-time basis. Once you have been accepted on a Course we will notify you of your flying account details. Payment of fees and other related costs must be made into your flying account in accordance with these Terms.
4.2 Students enrolling on a Course on a part-time basis will be charged for each flight at our standard hourly rate in force at the time of the flight and available on our website at www.northwestflighttraining.co.uk
4.3 Course fees for Students enrolling on a full-time Course will be as set out in the published details for that Course at the time of enrolment.
4.4 In relation to any full-time Course:
(a) subject to clause 4.4(d), Students are required to complete nine hours a day, five days a week for the duration of the Course;
(b) North West Flight Training may expel any Student who fails to achieve 90% attendance in any calendar month of the Course;
(c) before the course start date you will be sent a roster setting out the days and hours on which you must attend the Premises;
(d) you may request up to two days off per calendar month provided we are given at least 48 hours notice in writing and that there are no assessments or regulatory body examinations planned on the relevant days;
(e) a schedule for each Student setting out, inter alia, the time of all the Student’s slots for the next day will be agreed with each student on the previously attended day.
(f) Students will normally have 2 short slots of about 90 minutes or one longer slot lasting about 4 hours a day for flying, simulator sessions (where available) or one to one tuition, although this may not be possible for every day; and
(g) if you fail to attend a slot without giving us more than 48 hours notice of your unavailability we may charge you a fee of £150.00.
4.5 In relation to any part-time Course:
(a) bookings for flying, simulator (where available) and one to one theory slots may be made via the online booking system available at www.northwestflighttraining.co.uk
(b) you acknowledge and understand that any booking may have to be changed due to operational reasons, especially if the booked slot is before 17:00;
(c) a cancellation fee will apply if a booking is cancelled with less than 48 hours’ notice before the booked session unless you could not attend due to North West Flight Training changing the booking time on less than 48 hours’ notice; and
(d) cancellations must be requested by e-mail to the email address listed on our website.
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. North West Flight Training will have no responsibility or liability to any Student in connection with postponement or cancellation of a flight.
5.1 Students enrolled on a Full Time course shall at all times whilst on the Premises maintain a high standard of dress and appearance in keeping with their proposed profession.
5.2 You shall conduct yourself in a professional and polite manner at all times whilst on the Premises, at Blackpool Airport and residing in any accommodation during training with North West Flight Training. You will be held responsible and liable for any damage to or loss of North West Flight Training’s or any third party’s property caused by you.
5.3 Use of mobile (cell) phones is not permitted in the classroom or simulator area.
5.4 No food or drink may be consumed on the Premises except in the student lounge or outside areas.
5.5 Smoking is not permitted anywhere within the Premises or simulator area.
5.6 No litter should be left in or around the Premises, car parking areas and surrounding areas.
5.7 No bicycles, packages or bags may be left anywhere other than designated areas within the Premises or Blackpool Airport facilities.
5.8 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.
5.9 Any use of drugs (other than prescribed drugs which we have been informed in writing that the Student is taking) or alcohol by a Student in breach of clause 5.8 on or off the Premises may result in:
(a) immediate dismissal from the Course (without any refund of the Course fee);
(b) removal from the Premises; and/or
(c) an administration fee of £750 being charged to that Student.
5.10 North West Flight Training 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.
5.11 You consent to North West Flight Training performing ad-hoc drug and alcohol testing (by taking specimen samples of breath, blood and/or urine) as and when we deem it appropriate. Where a blood sample is required from a Student, an appropriately qualified medical profession will be used to take that sample.
5.12 North West Flight Training equipment including telephones, printers and the fax machine cannot be used without our prior approval. Any faults with equipment should be reported immediately to North West Flight Training reception at the Premises. No items belonging to North West Flight Training may be removed from the Premises without our prior approval.
5.13 Physical violence or the threat of violence (whether physical, verbal or otherwise) against any person whilst undertaking training at North West Flight Training will result in instant dismissal from the Course and no refund of fees will be made.
6.1 The prices for all Courses can be found on North West Flight Training’s website at the following link: www.northwestflighttraining.co.uk as may be amended by North West Flight Training from time to time.
6.3 The remaining fees for the PPL Course, Hour Building or Self Fly Hire, or any other Courses or services are payable as and when the Student is notified by North West Flight Training, depending on the Student’s flying account balance for the relevant Course or service which is reviewed by North West Flight Training on a fortnightly basis.
6.4 All Course fees, subject to any manifest error, will be the published fees for the relevant Course at the time of enrolment. However, the Student acknowledges and understands that the Course fees are based on third party or product costs including fuel and Blackpool Airport’s fees which are beyond North West Flight Training control. In the event that during the Course, there is an increase in any such costs then North West Flight Training reserves the right to increase the Course fee for the remaining proportion of the Course unless the full Course fee has been paid in advance by the Student.
6.5 If a booking has to be cancelled by North West Flight Training for whatever reason, North West Flight Training will not be liable for any additional expenses incurred by the Student in connection with the booking.
6.6 For all Courses, if the Student wishes to re-schedule his/her Course start date, at least 14 days’ written notice must be given to North West Flight Training or the initial deposit or payment (as applicable) will be forfeited together with any bank or credit card fees paid by North West Flight Training. For all re-scheduled Courses, the Course fees charged will be those in force at the time of the new start date.
6.7 If you wish to re-schedule any of your training times within your Course timetable, you must give us at least 48 hours’ notice in writing (including by email) or a cancellation fee for that training period may be charged.
6.8 Those Students attending part-time Courses and who have not paid the cost of their Course in advance, are required to remain in credit throughout the Course with sufficient available funds in their flying account set up by North West Flight Training to cover the cost of the next flight.
6.9 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.
6.10 Where you do not have sufficient funds in your flying account to cover any charges and fees which we are entitled to charge under these Terms, we may invoice you separately for such charges and fees. You shall pay our invoices within 14 days of receipt. We may charge you interest on any overdue or outstanding balance at the monthly rate of Bank of England Base Rate plus 4% until full payment of the overdue or outstanding balance is made.
6.11 Unless you pay us an insurance excess waiver fee prior to commencing a Course, we may charge you the relevant insurance excess amount (or cost of repair if less than the insurance excess) if an aircraft is damaged as a result of your negligence (for example, by landing with your feet on the brakes).
6.12 North West Flight Training 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.
6.13 You acknowledge and agree that North West Flight Training may have to suspend a Course due to technical problems relating to an Aircraft or due to any regulatory or operational reasons. North West Flight Training will endeavour to contact Students in advance in such circumstances but this may not always be possible. Suspension of a Course shall not alter your payment obligations in relation to that Course (as set out in this clause 6) or give rise to any obligation on us to refund any amounts already paid by you in connection with that Course, or any third party charges (e.g. accommodation costs).
6.14 If you do not pay North West Flight Training for a Course in accordance with this clause 6 and any terms set out in the admission document for that Course, North West Flight Training may suspend your participation in the Course with immediate effect until all outstanding amounts have been fully paid. This does not affect North West Flight Training’s right to charge you interest under clause 6.10. A cancellation fee of £150 per day shall also apply during any period(s) of suspension.
6.17 Fees that have been paid to North West Flight Training are non-refundable once the relevant Courses have been commenced. Should you leave the Course for any reason you will have no further obligation to pay any further fees in relation to training not yet undertaken.
6.18 Students who leave the Course prior to completion will not be entitled to any refund of the monies paid to North West Flight Training.
7 Hour Building
7.1 For details of what is included in the Hour Building Package please contact North West Flight Training directly.
7.2 A minimum number of hours , as advertised on our website from time to time, must be purchased and the corresponding amount placed on your flying account. The cost of each flight will then be deducted from the account.
7.3 Standard rates will apply to each flying hour undertaken but we reserve the right to offer discounts on such terms as we deem appropriate from time to time.
7.4 Bookings should be made online after 20:00 the day before the booking is required and on the condition that North West Flight Training can rearrange or cancel a booking if an Aircraft is needed for another purpose.
7.5 Unless you have paid North West Flight Training an insurance excess waiver fee prior commencing the Hour Building Package, we will charge the relevant insurance excess amount (or cost of repair if less than the insurance excess) if an aircraft is damaged through your negligence (for example, by landing with your feet on the brakes).
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. North West Flight Training have no liability in connection with any failure of a Hirer to have the appropriate rating and accordingly the Hirer will indemnify North West Flight Training in full against any financial penalties, fines, costs, expenses and losses incurred by North West Flight Training in connection with the Hirer not having the appropriate rating.
8.2 North West Flight Training 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 North West Flight Training 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 available at www.northwestflighttraining.co.uk
8.5 The Hirer acknowledges and agrees that booking times may be changed by North West Flight Training due to operational reasons and/or events or circumstances outside our control including weather conditions, air traffic control, regulatory requirements and urgent aircraft maintenance. North West Flight Trainingl will have no responsibility or liability to the Hirer in connection with the postponement or cancellation of a booking.
8.6 A cancellation fee will apply if the booking is cancelled by the Hirer with less than 48 hours’ notice. However, a cancellation fee will not be charged if the Hirer notifies us that he cannot take a booking that has been rearranged by us within 24 hours of us notifying the Hirer of the change in the booking date and/or time. A cancellation by the Hirer, in person or by telephone, must be confirmed by e-mail to North West Flight Training
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. North West Flight Training 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 North West Flight Training can request that the Hirer return the aircraft at any time during the hire period. The Hirer will return and land the aircraft promptly on receipt of a request from North West Flight Trainingl. 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.
8.11 Unless the Hirer has paid North West Flight Training an insurance excess waiver fee prior to commencing the Structured Hour Building Package, we will charge the relevant insurance excess amount (or cost of repair if less than the insurance excess) if an Aircraft is damaged through that pilot’s negligence (for example, by landing with feet on the brakes).
8.12 If the booked Aircraft should become unavailable, for any reason, and a suitable alternative Aircraft is unavailable, then the booking will be cancelled and North West Flight Training will accept no responsibility for any additional expenses incurred by the Hirer.
9 Trial Flying Lessons and Introductory Flights
9.1 North West Flight Training offers Trial Flying Lesson and Introductory Flight vouchers subject to the terms and conditions of this clause 9.
9.2 Vouchers are valid for 6 months from date of purchase. The voucher entitles the voucher holder to a Trial Flying Lesson or Introductory Flight for the amount of time stated on the voucher including 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 Flights may take place in any of North West Flight Training’s Aircraft.
9.4 If a flight is not booked within the validity period stated on the voucher, the voucher will automatically become void without refund.
9.5 The voucher holder should telephone North West Flight Training on the number listed on the voucher or on our website to book the Trial Flying Lesson or Introductory Flight.
9.6 The voucher holder should telephone Flightpath Blackpool on the number listed on the voucher or on our website on the day of the flight to ensure that weather conditions are suitable before travelling to Blackpool Airport. North West Flight Training will not be responsible for any expenses incurred by the voucher holder or accompanying persons if a flight cannot take place due to any reasons beyond its control.
9.7 If a flight cannot take place for any reason including poor weather or Aircraft unavailability, the voucher holder may make another booking any time within four weeks of the original booking. If this booking date is outside the validity period of the voucher, there will be no extra charge.
9.8 A booking may be cancelled by the voucher holder provided that 48 hours’ advance notice is given. If a booking is cancelled with less than 48 hours’ advance notice, a cancellation fee of £30 may be charged by North West Flight Training to the voucher holder.
9.9 An additional person/s may be accommodated in the back of the Aircraft subject to aircraft type booked and weight of the person. North West Flight Training 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.
9.10 Vouchers may be exchanged for a higher value voucher, at any time during the validity period of the original voucher, upon payment of the additional amount.
9.11 Vouchers may be refunded in full within 14 days of purchase provided no flight has been booked by the voucher holder.
9.12 All terms and conditions printed on the Voucher or accompanying documentation provided with a voucher will be binding upon the voucher holder and North West Flight Training
9.13 If there is any conflict between these Terms and any terms and conditions printed on the Voucher or accompanying documentation, these Terms shall prevail.
10.1 North West Flight Training 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 North West Flight Training 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 North West Flight Training
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) North West Flight Training 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) North West Flight Training’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 North West Flight Trainingwhether 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
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 North West Flight Training from time to time. If you are still unsatisfied with the response then the matter will be referred to the Managing Director of North West Flight Training.
13.2 If you have any reason to make a complaint about the general service you have received, and your complaint cannot be resolved at the time, then full details of the complaint should be sent to the Administration Manager at North West Flight Training at the address set out in clause 1.2 above. If you are still unsatisfied with the response then the matter will be referred to the Managing Director or the Finance Director of North West Flight Training.
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), North West Flight Training 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 North West Flight Training.
14.2 Enrolment may be terminated by North West Flight Training, if it at its sole discretion considers the Student’s competencies, aptitude or character unsuitable for further training or if the Student:
(a) fails to make themselves available for scheduled training without good reason;
(b) demonstrates unsatisfactory progress due to failure in applying him/herself;
(c) does not complete study assignments;
(d) is tardy or absent;
(e) displays improper or irresponsible behaviour;
(f) is in any way incapacitated or unable to maintain a medical certificate; or
(g) displays any difficulties with communicating in English with North West Flight Training staff.
Where a Student’s enrolment is terminated in accordance with this clause 14.2 and the Student’s Course fees have been entirely paid for prior to the termination, the Student will be entitled to a refund for any unused flight hours, less 60%.
15 Data Protection
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 North West Flight Training 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.
If reasonably required by North West Flight Training, the Student shall participate in such reasonable marketing activities as may be directed by North West Flight Training 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.
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public without our express written consent and licensing.
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(16) Registrations and authorisations
We are registered with the Civil Aviation Authority (CAA).
Our CAA registration number is OCP2298 GBR.ATO.0397
Our professional title is Fly LLlanbedr (ATO) and it has been granted in the United Kingdom.
We are subject to the CAA rules which can be found at the CAA’s website.
(17) Our details
The full name of our company is Fly Llanbedr Limited.
We are registered in England & Wales under registration number 08866828.
You can contact us by email on the email address listed on our website.