|
ADVENTURE FLIGHT LIMITED
CONDITIONS OF INTERNET TRADING
1 INTERPRETATION
1.1 In these Conditions the following words shall have the following meanings:
"Acknowledgement" means a written acknowledgement confirming that we are able to process Your Order.
"Buyer" means the purchaser of the Goods and/or Services referred to in these Conditions as "You" or "Your".
"Conditions" means the standard terms and conditions of sale set out in this document.
"Confirmation" means a written confirmation in the form of an electronic message acknowledging Your Order.
"Contract" means a legally binding contract for the sale and supply of Goods and/or Services made in accordance with clause 3 of these Conditions.
"Goods" means the goods described in the Order.
"Order" means an order placed by You for the purchase of Goods and/or Services.
"Party" means a party to the Contract.
"Price" means the price of the Goods and/or Services detailed in the Acknowledgement.
"Selling Agent" means ADVENTURE FLIGHT LIMITED (Registered in England under company number 06787862) whose registered office is at Fields House, Oldfield Road, Bocam Park, Pencoed, Bridgend, Wales CF35 5LJ referred to in these Conditions as "We", "Our" or "Us". As selling agent We act only as the marketing and booking agent of the Principal or Principals more fully particularised below and as such we do not and are not responsible for the performance of the contract for the supply of the products, Goods or Services that the Principals are to provide by further arrangement directly with You upon the terms and conditions of the Principals.
"Services" means the services described in the Order.
"Site" means Our website found at www.adventureflightlimited.com and/or www.adventureflightlimited.co.uk
"Working Day" means any day (other than a Saturday and Sunday) on which the London clearing banks are open for business.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
1.5 Any reference to a clause shall mean a clause of these Conditions.
1.6 We act as an Agent for flying schools and flying organisations that sell and provide flight related services and experiences including but not limited to pleasure flights, flights for tourism and training purposes (“the Principal” or “the Principals” as the context may require). These Conditions are to be interpreted accordingly, i.e.:
(a) After we have confirmed a booking You are responsible for contacting the Principals and making all necessary arrangements for receipt of their products, Goods or Services;
(b) You enter into a contract with the Principal upon its standard terms and conditions of business, which they will provide you with when you make a booking through Us
(c) Save as otherwise provided by this Agreement We do not accept any liability whatsoever and howsoever arising in relation to your contract with the Principal. In particular We shall not be liable for any loss of profit, loss of anticipated profit, loss of business, loss of contract, economic loss, overhead recovery, anticipated savings, loss of data, depletion of goodwill, product recall nor for any special, indirect or consequential loss or damage, or otherwise for any costs, expenses or claims for consequential compensation whatsoever (howsoever arising);
(d) We exclude to the fullest extent permitted by law all conditions, terms, warranties and stipulations, express (other than those set out in this agreement) or implied, statutorily, customarily or otherwise which, but for such exclusion would or might subsist in favour of You.
2 REGISTRATION AND ACCEPTANCE OF OUR CONDITIONS
2.1 These Conditions include the terms of Our privacy policy, which may be accessed from the "homepage" of the Site.
2.2 If You register with Us via our Site, You will be deemed to accept these Conditions and You may copy these Conditions and store them for Your future reference. If You register with Us over the telephone, You will be sent a copy of these Conditions and the placing of an Order will be deemed to be Your acceptance of these Conditions. Please read the provisions set out below carefully and confirm Your agreement to them before submitting an Order.
3 PLACING AN ORDER AND CANCELLATION
3.1 The Services displayed on the Site and information about the Services and the Price on are an invitation to place an Order only and not an offer to buy.
3.2 An Order is placed when you click the ["BUY NOW"] button on Our order form and the placing of such Order will constitute an offer by You to purchase the Services subject to these Conditions. You should review the Order and correct any incorrect details before pressing the ["BUY NOW"] button.
3.3 We shall acknowledge receipt of Your Order with a Confirmation.
3.4 The Order shall be accepted by Us when You receive an Acknowledgement which, subject to the provisions of clause 3.5, shall create a Contract which is subject to these Conditions. The date of the Order shall be the date which We issue the Acknowledgement.
3.5 Acceptance of Your Order is not a guarantee by Us of the availability of the Goods or Services and all acceptances are conditional on availability of the Goods and the availability of resources to perform the Services.
3.6 If You are an individual purchasing as a consumer (as defined by the Distance Selling Regulations 2000) You must be over eighteen (18) years of age and have completed Our registration process before You can purchase Services through Us.
3.7 Subject to the proviso that we act only as the Selling Agent of the Principals if the Services which You have ordered are not available or We are unable to perform the Services you have requested, We shall inform You of this as soon as possible but in any event within fourteen (14) days from when You placed Your Order.
3.8 If You receive confirmation of an Order which You did not place, or if the details in the Acknowledgement do not match the Order which You placed or intended to place, You must contact Us to cancel the Order or correct the details.
3.9 If You are purchasing the Services as an agent on behalf of a third party who will be paying the Price, You confirm that You have been instructed by such third party to place the Order and that You have the power to bind such third party to the Contract as thought it were itself a Party. If You have not been instructed by such third party to place the Order, or You do not have the power to bind such third party to the Contract, You shall indemnify Us for the Price of any Order made without such authority and any liabilities We may incur from the placing of the Order.
4 BASIS OF SALE
4.1 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given to You, or upon which the Order may be placed by You.
4.2 Subject to clauses 5 and 16 of these Conditions, no variation of the Contract shall be binding unless agreed in writing by Us.
4.3 Our employees and agents are not authorised to make any representations concerning the Services unless confirmed by Us in the Acknowledgement. In entering into the Contract You acknowledge that You do not rely on any such representations which are not confirmed in the Acknowledgement.
4.4 All illustrations, dimensions, weights and capacities listed on the Site, or in any catalogue, price list or other advertisement are intended merely to present a general idea of the Services described and shall not form part of the Contract. The Services described on the Site, although often a standard design, are subject to Our policy of continuous improvement and We reserve the right to incorporate changes or to make substitutions.
4.5 Any typographical, clerical or other error or omission on the Site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Us shall be subject to correction without any liability on Our part.
4.6 We will retain a copy of Your Order and Our Acknowledgement for the period of one (1) year from the date Your Order was placed with Us and You may have access to either or both by contacting Us.
4.7 You acknowledge that We act only in Our capacity as Selling Agent, that you will enter into a contract upon the Principals’ standard terms and conditions and that it is your responsibility to directly contact the Principals in relation to the performance of the products, Goods or Services.
4.8 You acknowledge that flying is and flight related activities are dangerous, that you undertake the activities for which we are Selling Agent at your own risk and that our liability is excluded and limited to the fullest extent possible by the law(s) of the territory in which the performance of your contract with the Principals is to occur.
5 VARIATION OF SERVICES
We reserve the right in Our absolute discretion to make any changes to the Services which do not in Our opinion materially affect the quality of the Services.
6 PRICE AND PAYMENT
6.1 You pay a ten percent (10%) deposit for the products, or Services to be provided by the Principals. This deposit is non-refundable except in the event that the Principals cannot provide the products or Services at a date or time convenient to you or at all when We will decide in our absolute discretion whether or not to refund the deposit.
6.2 You are responsible for paying to the Principals pursuant to their terms and conditions the remaining sums due for the Services and we accept no liability whatsoever or howsoever arising under out of or in connection with any failure by You to make payment, including, but not limited to the cancellation of the supply of the Services and any consequential losses as excluded by clauses 9.1 to 9.4 below.
6.3 The Price displayed is in pounds sterling (unless otherwise stated) and is exclusive of VAT and all other applicable taxes of any country, including but without limitation import taxes, (unless otherwise stated).
6.4 Payment must be made in pounds sterling and can be made by using any major UK credit card, debit card or corporate purchasing card shown on the Site or on an account basis. Accounts are opened solely at Our discretion and all sums are due strictly within seven (7) days from the date of the invoice.
6.5 Payment by any UK credit card, or debit card or corporate purchasing card is subject to authorisation by the credit card issuer. If such authorisation is refused to Us, We will not be liable for any delay or non-delivery of the Services and the Order will be deemed to be cancelled.
6.6 If payment is made by UK credit card or debit card, the card will be debited when the Order is placed. If payment is made by corporate purchasing card, the purchasing card shall be debited when We raise the invoice.
6.7 We reserve the right to increase the Price without prior notice.
6.8 If You fail to pay Us any sum due pursuant to the Contract, You will be liable to pay interest to Us on such sum from the due date for payment at an annual compounded rate of eight percent (8%) above the base lending rate of the Bank of England from time to time accruing on a daily basis until payment is made in full (whether before or after any judgement).
6.9 Without prejudice to clause 6.8, if You fail or We reasonably believe that You will fail to pay for the Services when due We may demand payment of all sums due, treat the Contract as repudiated by You and suspend any future performance of the Contract until all overdue sums have been paid.
6.10 All outstanding sums shall be due immediately if the Contract is terminated by Us for any reason detailed in clause 12.
6.11 Payment of the Price shall be of the essence in the Contract.
7 DELIVERY, RISK AND TITLE
7.1 Risk of loss or non-supply of the Services shall pass to You when you place an Order. We shall not be liable for any failure of the services to be delivered once the order is placed.
8 WARRANTIES AND LIABILITY
8.1 Save as otherwise provided in this Agreement We will not be liable for any matter whatsoever and howsoever arising out of under or in connection with the performance of the Services or the supply of the Goods pursuant to this Agreement.
8.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.3 Where the Goods or Services are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) Your statutory rights are not affected by these Conditions.
8.4 No terms relating to care and skill shall be incorporated into these Conditions in relation to the provision of the Services.
9 LIMITATION OF LIABILITY
9.1 We shall have no liability in respect of any act or omission of the Principal whatsoever and howsoever arising.
9.2 We shall have no liability in respect of any defect in the aircraft operated by the Principals arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair.
9.3 We shall be under no liability if the total Price has not been paid by the due date for payment.
9.4 Except in respect of death or personal injury caused by Our negligence, We shall not be liable to You in contract, tort (including but without limitation, negligence or breach of statutory duty) or for any misrepresentation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss, including but without limitation, loss of profit, loss of business, loss of goodwill, overhead recovery or any other costs, damages, expenses or other claims for compensation whatsoever (whether caused by Our negligence or Our employees, agents or otherwise) which arise under out of or in connection with the provision of the Services.
10 FORCE MAJEURE
10.1 We shall not be liable to You or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the provision of the Services and/or sale of the Goods if the delay or failure was due to any of the following acts of force majeure beyond our reasonable control:
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Selling Agent or of a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts of machinery;
(g) power failure or breakdown in machinery.
10.2 If any of the circumstances detailed in clause 10.1 should arise, We shall have the right to cancel or suspend the Contract and/or defer delivery without incurring any liability of any nature to You. If such event detailed in clause 10.1 exceeds a period of one (1) month from You placing the Order, We shall notify You. You shall then be entitled to cancel Your Order without any liability to Us and We shall refund to You any part of the Price paid in relation to such cancellation or suspension.
11 INTELLECTUAL PROPERTY AND THE SITE
11.1 The names, images, pictures, logos and icons identifying Us, or Our Goods and/or Services are, unless otherwise stated, our intellectual property. Other products, pictures, images, logos, and icons and company names mentioned on Our Site may belong to other companies.
11.2 All intellectual property rights in the design, content and arrangement of Our Site (including its text and graphics, all software compilations or underlying source code, and all other material on our website) are reserved by Us or Our content and/or technology providers.
11.3 You may not use any materials contained on Our Site for any purpose other than placing an Order for the Goods and/or Services and taking a copy of these Conditions which must be used strictly for Your own record.
11.4 Access to the Site is on an "as is" basis and We give no further warranties, express, implied or statutory including but without limitation, the implied warranties of satisfactory quality or fitness for a particular purpose of the Site or the availability of the Site and We shall be under no liability for any downtime or malfunction of the Site.
12 CUSTOMER DEFAULT
12.1 We may, without prejudice to any rights or remedies which We may have against You defer or cancel the Contract if:
(a) You commit a material breach of any of Your obligations under the Contract which is not capable of remedy; or
(b) You commit a material breach of any of Your obligations under the Contract which is capable of remedy but which has not been remedied within a period of fourteen (14) days following receipt of written notice to do so; or
(c) You (if You are in business) enter into any compromise or arrangement with Your creditors, or if an order is made or an effective resolution is passed for Your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of Your undertaking or assets; or
(d) You (if You are in business) cease or threaten to cease to carry on Your business; or
(e) You (if You are an individual) are made bankrupt.
13 INDEMNITY
You shall indemnify Us in full against and hold Us harmless from all claims, costs, damages, liabilities, expenses (including but without limitation legal expenses) demands and judgements awarded against or incurred or paid by Us as a result of or in connection with any and all of Your acts, inactions and or omissions (and if You are in business, the acts, inactions and omissions of Your employees, agents and subcontractors).
14 ASSIGNMENT
14.1 The Contract is personal to You and You shall not assign or transfer or purport to assign or transfer to any other person any of Your rights or sub-contract any of Your obligations under the Contract.
14.2 We may assign or subcontract the performance of some of Our obligations under the Contract, including but without limitation, the provision of the Services.
15 NOTICES
Notices shall be deemed to be served on delivery when delivered by hand, on receipt of a printout confirming due transmission when transmitted by facsimile, or seven (7) days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective party at the address made known by each Party prior to entering into the Contract. If You change Your address for notification purposes, then You shall give Us written notice of the new address and the date on which it shall become effective. We shall notify You of a change of Our address on the "contacts" page of the Site which You should always check before attempting to contact Us.
16 NO VARIATION
No variation of these Conditions or the Contract will be valid unless authorised in writing by one of Our duly authorised representatives.
17 NO WAIVER
No waiver by Us of any breach of the Contract or these Conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
18 NO PARTNERSHIP OR JOINT VENTURE
Nothing in the Contract or these Conditions shall constitute or be construed as constituting a partnership or joint venture between You and Us or shall authorise either Party to enter into contractual relationships or incur obligations on behalf of the other Party.
19 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
An entity which is not expressly a Party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
20 SEVERABILITY
If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.
21 ENTIRE AGREEMENT
These Conditions and the Contract formed pursuant to them represent the entire agreement between the Parties relating to the purchase of the Goods and/or the Services and supersedes all prior agreements, arrangements and undertakings between the Parties relating to the Goods and/or the Services and You agree that You will have no remedy in respect of any untrue representation innocently or negligently made by or on behalf of Us prior to entering into the Contract which You relied upon in entering into the Contract whether such representation was made orally or in writing. Nothing in these Conditions shall exclude or limit Our liability for fraudulent misrepresentation.
22 GOVERNING LAW
These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and You agree to submit to the non exclusive jurisdiction of the English courts.
|
