THE SIM-FLY COMBAT CONDITIONS OF USE
These Terms & Conditions set out the terms on which you will be bound if you purchase Flight Vouchers and/or Services from Sim-Fly. Please read these Terms carefully as they will govern our relationship with you.
PARTIES 1) SIMULATOR FLYING LIMITED, a limited company incorporated in England (company number 09452653) trading as ‘Sim-Fly Combat’ with its registered address at The Attic, 45a Birchfield Lane, Mulbarton, Norfolk NR14 8AA, England (“Sim-Fly Combat” / “we” / “our”); and 2) You are the customer who wishes to purchase Services from Sim-Fly Combat (the “Customer” / “you” / “your”).
1. DEFINITIONS AND INTERPRETATION Business Day: Tuesday to Sunday, excluding public holiday in England. Business Hours: 09:00 to 17:00 on a Business Day. Flight Voucher: Means a voucher for a flight session or lesson on a Sim-Fly Combat simulator. Order: An order for Flight Vouchers submitted by the Customer in accordance with clause 4. Services: The provision of flight simulator sessions and/or lessons, as detailed in the applicable Order. Service Location: The address for the provision of the Services, as detailed in the applicable Order. Website: http://sim-flycombat.com/
1.1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. In these Terms, unless the context requires otherwise, 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. 1.2. A reference to ‘writing’ or ‘written’ includes faxes and email unless stated otherwise.
2. ENGAGEMENT 2.1. These Terms shall: 2.1.1. Apply to and be incorporated into any Order for Services to be provided by Sim-Fly to you; and 2.1.2. Prevail over any inconsistent terms or conditions contained in, or referred to in, any purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
3. ORDERS 3.1. Any orders placed by you will be treated as an offer to purchase the Services from us. When you place an order to purchase Services from Sim-Fly Combat through the Website, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Notification”). The Order Notification is acknowledgement that we have received your order, and does not confirm acceptance of your offer to purchase the Services.
3.2. We only accept your offer, and conclude the contract of Flight Vouchers ordered by you, when we: (i) debit your credit, debit card or PayPal account; or (ii) send an e-mail confirming to you that we’ve accepted your order (the “Order Confirmation”). The Order Confirmation will contain a copy of your Flight Voucher, which you will need to save and print. 3.3. All Flight Vouchers must be paid for in advance of booking a time slot for the provision of the Services.
4. PRICE AND PAYMENT 4.1. All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time. 4.2. In the unlikely event that the price shown on a Service webpage or the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the Services to you at the price shown. We always try and ensure that the prices of Services shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Services that you have ordered we will let you know as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it.
5. BOOKING A SESSION5.1. All Flight Vouchers are valid for 180 days from the date that they are issued to you by Sim-Fly Combat.5.2. You will be required to pre-book a time period in order to use your Flight Vouchers. This can be done in person, by telephone (01953 860914) or via the Website. When making a booking the Flight Voucher number must be quoted. 5.3. When a Flight Voucher is purchased, you have a responsibility to ensure that the unique voucher number is not disclosed to any third parties. When ordering online, we recommend that you print the Flight Voucher immediately and then close the webpage.5.4. Each Flight Voucher will be valid for single redemption only. 5.5. Flight Vouchers cannot be: exchanged for cash; extended (except by agreement); refunded; or transferred to any third party (other than in respect of participants receiving the Flight Vouchers as a gift). All Vouchers must be used in full and no change or further vouchers for unused amounts of the Services can be issued. 5.6. Flight Vouchers must be booked and used prior to the expiry date stated within the Flight Voucher. After this date the Flight Voucher will cease to be valid.
6. ATTENDING A SESSION6.1. You should arrive 10 minutes before the allocated session start time. 6.2. You must present your Flight Voucher at arrival. Sim-FlyCombat will accept no liability for loss of the Flight Voucher and customers that are unable to present a Flight Voucher will be unable to use the flight simulator.6.3. All participants using the Services must: 6.3.1. be 12 years of age or older; 6.3.2. be supervised by an adult if under the age of 18; 6.3.3. be dressed appropriately in comfortable clothing; and 6.3.4. not be under the influence of drugs or alcohol. 6.4. Participants require a reasonable amount of mobility to enter the flight simulator. 6.5. Participants should declare any pre-existing medical conditions that may affect their suitability use the flight simulator, such as heart conditions, high blood pressure or epileptic conditions.
7. DISCLAIMER 7.1. Whilst individuals who are working towards qualifying as a pilot, or are already qualified, may find the flight simulator a useful tool, it is not a substitute for formal training and cannot to be ‘logged’. Sim-Fly Combat takes no responsibility for any subsequent actions or omissions of customers in flying aircraft or generally. 7.2. Further, no warranty is given by Sim-Fly Combat regarding the skills, knowledge or information that Customers may acquire in the course of using the flight simulator.
8. CANCELLATIONS AND NON-ATTENDANCE8.1. All session bookings are subject to availability and unforeseeable events e.g. technical issues, mechanical failure or staff illness. If for any reason your flight simulator experience needs to be postponed by Sim-Fly Combat, Sim-Fly Combat will re-book your experience for an available date that suits you, provided that Voucher is still valid at that time.8.2. Your failure to attend a booking will result in your vouchers being automatically redeemed unless there are exceptional circumstances (decided at Sim-Fly Combat’s sole discretion).8.3. ou are entitled to cancel any Order within 14 days from the day on which you placed the Order (“Cancellation Period”). 8.4. To exercise the right to cancel, you must inform us of your decision to cancel the order by a clear statement (e.g. by a letter sent by post or by email). You may use the example model cancellation form below, but it is not obligatory.8.5. Model Cancellation Form:To: SIMULATOR FLYING LIMITED, of The Attic, 45a Birchfield Lane, Mulbarton, Norfolk NR14 8AA, England I hereby give notice that I cancel my contract of sale of the following Services: Ordered on: Order number: Name of customer: Address of customer: Signature of customer (only if sent by paper): Date:
8.6. If you book a session within the Cancellation Period, you will need to provide us with your express written confirmation (which may be sent by email) before Sim-Fly Combat can provide the Services to you. Please note that by booking the Services within the Cancellation Period, you will be deemed to be waiving your right to cancel your Order. Where only part of a Flight Voucher has been used within the Cancellation Period (e.g. if the Flight Voucher is for multiple sessions), if the Customer then cancels the remainder of the Order within the Cancellation Period, Sim-Fly Combat will refund the Customer a pro rata amount for the unused proportion of the Flight Voucher. 8.7. We will reimburse you without undue delay and not later than 14 days after receiving your notice of cancellation.
9. LIMITATION OF LIABILITY9.1. Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.9.2. Unless otherwise stated, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.9.3. Subject to clause 9.1, neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. 9.4. Subject to clause 9.1, each party’s total liability to the other party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with these Terms will be limited to a sum equal to the amount paid for the Order giving rise to such claim for damages.
10. FORCE MAJEURE10.1. Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of god, war, strike lock-out, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of these Terms and time for the performance of the affected obligations will be extended by such period as is reasonable. If a force majeure event prevents, hinders or delays the affected party’s performance of its obligations for a continuous period of more than four weeks, the party not affected by the event may terminate the order immediately by giving written notice to the affected party.
11. MISCELLANEOUS11.1. These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. 11.2. All obligations in these Terms which expressly, or by their nature, are intended to continue beyond the termination of these Terms will survive the termination of these Terms.11.3. We reserve the right to make changes to these Terms at any time, which will apply in respect of all new Orders. 11.4. All notices must be in writing and are deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address. It is agreed that serving notice by email or fax will not be an effective method of providing notice of a claim under these Terms. 11.5. Sim-Fly Combat reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party. 11.6. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. 11.7. No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms. 11.8. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law. 11.9. These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the contract between us.