Terms and Conditions
1. Definitions
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. Effect of terms
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.
3. Payment
The client shall pay to Aviatours the booking cost in full before the course is made available to the client.
4. Client cancellations
4.1 Cancellation by the client will only be valid if received in writing.
4.2 If the client cancels a booking 30 days or more before the course, then Aviatours will repay 100% of the booking cost.
4.3 If the client cancels a booking less than 30 days prior to the course, then Aviatours will retain 100% of the booking cost.
4.4 The sums stipulated in clause 4.3 above represent liquidated damages to compensate Aviatours for all losses incurred as a result of such cancellation and the parties acknowledge that they comprise reasonable pre-estimates of actual loss.
4.5 For the purpose of all above, the expression "days" shall include Saturday, Sunday and any Public and Bank Holiday.
5. Aviatours obligations
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.
6. Disclaimer
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.
7. No guarantee
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.
8. Behaviour
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.
9. Force Majeure
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.
10. Regulations
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.
11. Governing law
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.
My big stumbling block was take off and turbulence. My other one, I have to say, was fear of flying courses. But now I’m a total convert, all thanks to Flying with Confidence.
