Unless inconsistent with the context, in these terms:
"Agreement" means the application form and these terms.
“Aviatours” means Aviatours Fly without Fear Ltd.
"Booking" means the booking form enclosed.
"Booking cost" means the total booking cost specified on the booking form.
"Booking period" means the period commencing when the Client arrives at the premises and ends when the Client leaves the premises.
"British Airways" means British Airways PLC.
"client" means the company, firm or individual specified on the booking form.
"Course" means British Airways Flying with Confidence Course as described in the booking form.
"Premises" means any hotels or conference centres we see fit to use.
"Terms" means these terms and conditions.
2.1 Unless otherwise agreed in writing by Aviatours these terms supersede all previous terms and conditions and shall override any alternative conditions contained in any invoice or stipulated or referred to by the client.
2.2 No variation of this agreement shall be effective unless made in writing and signed by a duly authorised director of Aviatours and the client.
The client shall pay to Aviatours the booking cost in full before the course is made available to the client.
4.1 Course bookings, once made, cannot be cancelled or transferred under any circumstances.
4.2 A Christmas voucher full course place will be allocated to the first available course at the venue of choice stipulated at time of booking. Only with regard to Christmas vouchers, Aviatours will provide a full refund (less £25 cancellation fee) if notifcation of cancellation is received before 5pm on 4th January. Thereafter 4.1 will apply.
Aviatours only obligation shall be to provide the course on a date to be agreed with the client. If a course is cancelled or postponed by Aviatours, then Aviatours shall use its reasonable endeavours to offer the course on an alternative date or shall make a full refund of the booking cost to the client.
The client acknowledges that, except in circumstances where any injury to the client is caused by the negligence of Aviatours or its employees, Aviatours shall not be liable for (and hereby excludes) any loss, damage or injury caused to the client during the programme including, without limitation, any economic loss, consequential loss, loss of profit, special loss or damage howsoever arising.
Aviatours is the sole provider of the course and not British Airways and said company has no liability or involvement in respect thereof.
Aviatours shall use its reasonable endeavours to help the client to overcome a fear of flying by use of the course but in no way guarantees the success of the course and no refund of the booking cost shall be made if the client believes that the course has not been successful.
Aviatours reserves the right, in its absolute discretion, to ask any client to leave any Aviatours event. Aviatours decision to remove any such person shall be final and Aviatours shall not (notwithstanding anything contained in this agreement) compensate any person in any way in respect of such removal. The client hereby undertakes to comply with all lawful instructions of Aviatours through the booking period.
If Aviatours shall be prevented from performing any obligation to the client or from complying with instructions of the client by circumstances outside the reasonable control of Aviatours, it shall be at its option either entitled to comply with those obligations or instructions as and when it is reasonably able to do so or to treat itself wholly or partly released from all obligations so prevented and will not be under liability to the client for any failure to perform those obligations and instructions.
The civil aviation authority has granted Aviatours an exemption under the civil aviation (Air Travel Organisers' Licensing) regulations. Therefore payments for this course are not ATOL protected. However Aviatours have ensured that payment for each course is guaranteed.
This agreement shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
Insurance is no longer available through Aviatours. Should insurance be required it should be arranged privately by the client.
Children and teenagers aged 11 to 16 MUST be booked onto the Teenagers Course. Teenagers aged 17 may book onto the Teenagers Course, but may also book onto the main Primary course if they so wish, but must be accompanied by a responsible adult also booked onto the full course. Teenagers 18 and 19 must book onto the main Primary course and may attend unaccompanied.
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I don’t know who’s looking forward most to my twin grandchildren’s birthday – them or me. I’d never flown before and was scared stiff of making the trip to Australia to visit them. So I took myself off on a Flying with Confidence course, and now I have my bag packed already.