These General Terms & Conditions (‘General Terms’) are governing the relations between the Customer and the The Helicopterview. These general terms form part of any written acknowledgement from The Helicopterview or any agreement between Customer and The Helicopterview for ordering and renting a flightsimulator simulator training, simulator services and/or other services. The customer accepts these General Terms by making use of simulators and/or services of the The Helicopterview. In case of inconsistencies between these General Terms and any agreement in which is made reference to these General Terms, the agreement supersedes these General Terms. The validity of proposals is 30 days unless specified otherwise in the proposal. “In writing” is defined as a signed paper document or telefax or an electronic mail.
Cancellation of Bookings of a flight simulator training by the Customer shall be made in writing to The Helicopterview. The Helicopterview shall charge cancellation fees as compensation according to the following principles: – Cancellation with 56 days notice or less but more than 28 days before the start date of the Booking: 25% of the price of the cancelled booking; – Cancellation with 28 days notice or less before the start date of the Booking or with no-show: 50% of the price of the cancelled booking.
In case the Customer is unable to use the training equipment, such as flight simulators, etc. due to a technical failure, the customer has the option to decide to continue the training and therewith accepting the failure situation as is, or, to suspend the training. If the Customer suspends the training, Customer will be compensated with the same amount of time as was lost.
Payments: 50% of the Payment shall be made in full, minimum seven (7) days prior to the start of the provision of the services regardless any internal procedures applicable with Customer. The remaining 50% of the payment shall be made within maximum seven days after the start of the provision of the services regardless any internal procedures applicable with Customer. It is Customer’s liability to pay for any taxes and/or duties that are applicable in accordance with the legislation applicable to the Customer. The Helicopterview shall not be made liable in any circumstances to pay any taxes and/or duties that are applicable outside of The Netherlands.
Any agreement between Customer and The Helicopterview shall be treated by both parties as confidential and shall not be released in whole or in part to any third party without prior written consent of the other party. Customer explicitly authorizes The Helicopterview to file and archive specific information of the any person and company, including performance during the training. The Helicopterview shall not disclose such information to any third party.
Customer shall not reproduce, transmit, transcribe, store in a retrieval system or translated into any language in any form by any means, use for customer’s own purpose, or disclose to any third party, any of The Helicopterview proprietary documentation. Any material that The Helicopterview, either uses during the training or distributes to trainees for the purpose of the training, shall be for the sole purpose of such training. Customer shall ascertain that trainees or other individuals working for Customer do not carry or use such material as part of their operational material for operating the aircraft.
Liability and indemnification Customer releases The Helicopterview, its associated partners, its employees, its agents and its independent contractors from any liability for, and shall indemnify and hold them harmless from and against, any and all losses, costs, damages, claims or expenses of whatever nature and regardless how caused arising out of or attributable to simulator training, simulator services and/or consultancy services, including the performance of the trainee’s, the use of the training equipment by customer, and any other advice, assistance or services provided by The Helicopterview to customer, whether or not covered by a proposal or agreement, unless caused by The Helicopterview gross negligence or wilful misconduct.
Insurances: Customer shall maintain any and all insurances cover for its personnel, such as but not limited to insurance covering general liability, personal injury and/or death, expenses relating to medical and dental treatment, loss or damage of personal property. The Helicopterview shall not cover any direct or indirect associated costs or expenses arising out of any of these.
Applicable law and jurisdiction The laws of The Netherlands shall govern the validity, construction, interpretation and effect of these General Terms and any agreement between Customer and The Helicopterview. In case of any dispute, Parties agree to make every effort to reach an amicable settlement.