Terms and Conditions
- Details
- Last Updated on Friday, 04 February 2011 10:07
TERMS AND CONDITIONS OF READY TO FLY
- About these Terms & Conditions
These terms and conditions of business are between Sonia Davis T/A Ready to Fly (whose business address is Bush Cottage, Ashreigney, Chulmleigh, Devon, United Kingdom) ("Ready to Fly") and a delegate ("delegate"). They shall be deemed to have been accepted when the Delegate, uses the Ready to Fly website, clicks the "Confirm" button or otherwise uses the Ready to Fly service.
"Agreement" means this document and the form that the delegate completes on-line or otherwise, setting out the Delegate's requirements, including details of fees payable to Ready to Fly by the Delegate.
"Delegate" shall mean the individual that joins a Ready to Fly programme.
"Stage 1" or "Pre-course work" means the set of worksheets that Ready to Fly will provide to the Delegate.
"Stage 2" or "Course" means the two day attendance course or period required appropriate to that course.
"Programme" means the whole product purchased by the Delegate, including, and limited to, Stage 1 and Stage 2.
"Site" means the website(s) operated by Ready to Fly for the purpose of promoting the programme.
No variation can be made to these terms without the written consent of an authorised person of Ready to Fly. - Payment of Fee
The Delegate must pay for the programme in advance by credit/debit card or by personal cheque. Fees are set out within this website. Where a deposit is required to secure a place on a course, this deposit is non-refundable, unless a written notice of cancellation is received by either email or postal mail to the addresses listed on the Contact Details page of this website within 7 working days of the booking being made. - Delegate's Obligations
The Delegate agrees that for so long as it is party to this Agreement:- it shall not use the Services for any unlawful purpose;
- it shall ensure that all information that it provides to Ready to Fly is accurate, does not contain any misleading items or misrepresentations, does not infringe any other person's rights and does not breach any applicable law;
- it shall not attempt to access data or any parts of Ready to Fly's system which it is not authorised to access;
- it shall provide such information as Ready to Fly may reasonably request to confirm that all information supplied is correct and/or that it is not in breach of the Agreement;
- it shall defend and indemnify Ready to Fly against all claims, losses, damages, liabilities, costs and expenses arising as a result of its breach of this Agreement.
- Ready to Fly's Rights
- Ready to Fly may suspend or block the Delegate's access to the Services at any time if the Delegate breaches any of the terms of this Agreement.
- Ready to Fly will be developing its web-site and service further, so reserves the right:
- to make changes to the Site and Services; and
- to render the Services unavailable for periods where this is necessary for development or maintenance.
- Confidentiality
The parties agree that they will only use the other's confidential information for the performance of this Agreement, and will not disclose it to other parties other than as necessary for the performance of this Agreement or as required by law. - Liability
- Ready to Fly is acting not as an employment agency or employment business, but as a conduit for information relating to vacancies between employers and potential employees. Ready to Fly is not in the business of finding employment for workers or workers for employers. Accordingly, the Employment Agencies Act 1973 and corresponding regulation does not apply.
- Ready to Fly will endeavour to keep the Services working as often as possible, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise. All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms, and Ready to Fly will not be liable to the Delegate for any loss, damage or liability caused by any such item.
- Ready to Fly's entire liability to the Delegate, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid by the Delegate to Ready to Fly in the twelve months preceding the date on which such liability arose.
- In no event will Ready to Fly be liable to the Delegate for any indirect, consequential or special loss or damage, including lost profits, sales, business, data, goodwill, savings or otherwise, however caused (including by negligence).
- Nothing in this Agreement limits Ready to Fly's liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.
- If any of the preceding sub-Clauses is found invalid or unenforceable, the remaining sub-clauses remain in full force and effect.
- General
- All copyright, trade marks, patents, database rights and other intellectual property rights in the Site, Services and underlying functions are the property of Ready to Fly or its licensors, and the Delegate must not copy, alter or otherwise infringe any such rights.
- Notices to Ready to Fly must be sent in writing or by e-mail to the addresses set out on the Contact Details page of this website or otherwise properly notified to the other party. Notices are deemed received two working days after posting, and twenty four hours after despatch by e-mail.
Notices to the delegate must be sent in writing or by e-mail to the addresses provided to Ready to Fly at the time of booking or otherwise properly notified to Ready to Fly. Notices are deemed received two working days after posting, and twenty four hours after despatch by e-mail. - This Agreement is the entire agreement between Ready to Fly and the Delegate, and supersedes all previous agreements and statements relating to its subject-matter.
- This Agreement is governed by English law, and the Delegate submits to the exclusive jurisdiction of the English Courts.
- Rights of Cancellation & Transfer
- Ready to Fly reserves the right to cancel or reschedule any course as it may see fit without giving compensation, however candidates will be offered either a full refund or the opportunity to attend any other available similar course. Any alteration to course dates, enacted under this clause, will be deemed to be an alteration to the original course date.
- If a delegate wishes to cancel his/her booking on any programme, notice of that cancellation must be provided by either postal mail or email. The delegate will have the right to a refund of the course fee according to the following scale, where "balance" is equal to the total monies paid, less any non-refundable deposit:
Date of Cancellation Refund Due More than 28 calendar days before before the course 100% of the balance Between 27 and 21 calendar days before the course 50% of the balance Between 20 and 14 calendar days before the course 25% of the balance Less than 14 calendar days before the course No refund - A delegate may transfer their booking to any other available similar course at no additional cost, providing they make the request no less than 14 days before the original course date. Should the delegate subsequently cancel their booking, the maximum refund they will be entitled to will be capped by the following limits, where "balance" is equal to the total monies paid, less any non-refundable deposit:
Date of Request Maximum Refund Available More than 28 days before before the original course 100% of the balance Between 27 and 21 calendar days before the original course 50% of the balance Between 20 and 14 calendar days before the original course 25% of the balance - The actual refund that a delegate will be entitled to, when cancelling their booking, will be the lower of the two amounts calculated from clauses 8-ii and 8-iii.
- The delegate is also entitled to cancel the contract within 7 working days of booking the course, in accordance with the Consumer Protection (Distance Selling) Regulations 2000. This will entitle the delegate to a full refund of the fee paid in respect to that booking.
- The performance of the contract will begin on the course start date and so no refund will be available to the delegate under clause 8v on or after the stated course start date.
- A delegate may, at the sole discretion of Ready to Fly, transfer to another available similar course within 14 days of the original course date, however in these circumstances the delegate would not be eligible for any refund should they subsequently cancel their booking.
- Any booking that is transferred to an alternative course, either by the delegate, Ready to Fly or any other authorised person, is deemed only to be a minor alteration to the product being supplied and under no circumstances will it be deemed to be a new booking.
The terms and conditions within this document will remain unaltered.