General Terms and Policies

The following general terms of business apply to all services and products of the Sky Flight Academy GmbH, Am Kibitzsee 16, 3465 Königsbrunn (physical address: Flughafenstrasse 8‐ 10, 3500 Krems), FN331040z, FTO A‐141 ‐ hereafter referred to as “FTO”‐, which are offered by contractual agreement to a student ‐ hereafter referred to as “student” (m/f) who signs a contract.

I.) Terms of Validity

These terms of business apply to all services and products furnished by the FTO or advertised in the offices of FTO. Copies are available from FTO upon request. Individual written agreements take precedence over these general terms.

II.) Instructional Services

a) Instructional and other services will be determined in the terms of the respective service contracts.

b) Theoretical and practical instruction is based on current laws, regulations, and requirements as applicable to the respective license or certification.

c) Course design, content and scope of customized courses as well as admission to and use of the instructional airplanes and training equipment follow the current legal regulations as outlined in the accompanying FTO manuals, Operations Manual OM‐A and Training Manual OM‐D.

d) FTO retains the right to alter the details of course design, content, delivery, and/or materials to maintain accordance with current legal regulations.

e) Instruction will be conducted in German and English.

f) FTO retains the right to employ third‐party instructors.

III.) Provisions and Prerequisites

a) FTO retains the right to adminster a selection exam, either themselves or via a third party. Furthermore, FTO may examine a student’s knowledge of mathematics, physics, and English and require a two‐day tutoring session to insure adequate background knowledge.

b) Minors (any person under the age of 18) must complete the registration with a legal guardian.

IV.) Rights and Obligations

a) Training requirements are regulated by law, and the average student can meet them without the need for additional training. Requirements for training and conduct can be found in the instruction handbooks (Operations Manuals) and course handbooks (Training Manuals). These materials are available to the student at the beginning of the course. Should the student receive additional training in theory and/or practice to that outlined in the course description, s/he bears the cost according to the prices available from FTO. Prices can be calculated at the FTO/See the pricelist available at the FTO. The scope of additional flight training follows the guidelines set out in the Operations Manual.

b) FTO and its contracted partners will communicate the safety measures that the student must follow. Repeated undisciplined conduct on the part of the student can lead to the termination of instruction. In such a case, the student has neither claim to a refund for services already rendered nor the opportunity to continue the instruction.

c) The student promises to FTO and its contracted partners

• to participate in all training sessions regularly and punctually,
• to notify FTO under circumstances of unavoidable absence immediately,
• to inform FTO of an eventual reason of medical incapacitation according to JAR 3.040 immediately,
• to make up any missed sessions at his/her own cost,
• to complete all required examinations, internal and external, at the times determined by FTO.

d) FTO will provide the student with all necessary materials for the course and update these if required. These materials are not to be copied, distributed, shared with a third party, or otherwise employed, but only for personal use.

e) The student has a special obligation to conduct him‐ or herself at all FTO training events, in the offices, or in public as a positive representative of FTO.

f) The Student is demanded to have a compulsory attendance of 95% of the theoretical training. Should the student not reach this stated quota, FTO retains the right to administer additional oral, written, and/or electronic examinations of the student’s knowledge.

g) The student agrees that, for the purposes of evaluation, there will be kept data on the student’s progress (i.e. permanent gradings of flight instructors) throughout the instructional period, which are kept locked up. All employees of FTO will keep this information strictly confidential, and the information will be passed on only upon the student’s affirmation.

h) Changes to the content of the contract during the course (service offerings, prices, fuel, insurance, etc.) must be made by mutual agreement in writing. FTO may alter certain fees, based on changes in taxes or other regulated charges, without advance notice.

i) The student must notify FTO of any changes to his/her name, address, or other contact information immediately.

V.) Training Locations

Theory instruction is held at the offices of Sky Flight Academy at aerodrome Krems (3500 Krems, Flughafenstrasse 8‐10) and Vienna (1040 Vienna, Favoritenstrasse 4-6/1/12a). Practical instruction will be held at airport Krems as well as other approved airfields and international airports. FTO retains the right to conduct training at additional locations.

VI.) Course Duration

a) The length of the instruction is specified in the contract and course plan. The duration may be lengthened or shortened within the limits defined by law because of operational reasons.

b) Certain significant situations may cause FTO to suspend instruction indefinitely. These situations may include general temporary unsuitability for flying, serious restrictions to the student’s abilities, unsatisfactory performance by the student or an unresolved criminal proceeding against the student. Other reasons could be act of God/nature like political unrest, terrorist attack, and natural disaster or other reasons.

c) If a student cannot participate in the entire course as agreed upon, s/he is entitled to make up the missed portion at the earliest available appointment, provided the resources are available. If the next appointment is fully booked, a mutually convenient appointment will be scheduled for the make‐up lesson.

VII.) Termination of Contract

a) The instructional contract is fulfilled when the student successful completes all internal examinations as well as those required by law and all for this training required lessons are finished.

b) Should a physical examination reveal that the student is unsuited for flying, the instruction will end on the day that the unsuitability is established.

c) If a student definitively fails to perform satisfactorily on an internal or external theoretical or practical exam, the instructional contract may end when FTO gives notice of the results of the exam.

VIII.) Examinations

a) The student will sit for all examinations on the appointed date; in case of illness, a note from a doctor is required.

b) To measure and document student progress, FTO and/or its contractual partners also conduct interim examinations. Results will be shared with the student.

c) The student entitles Austro Control to inform FTO of the results of his/her examinations.

IX.) Liability and Insurance

a) The instructional airplanes carry liability and accident insurance as required by law, as well as supplemental comprehensive insurance with co‐payment for the duration of the training period. The student may be exempted from this co‐payment in FTO’s coverage provided any damage or injury is not intentional due to physical limitations or negligence. FTO is insured of personal and property damage that occurs during the course of instruction. Above that FTO assumes no liability.

b) The participation of third parties (relatives, friends, acquaintances) in the training equipment (A/C and/or simulator) is permitted only with express written permission from FTO (the Head of Training and the Chief Flight Instructor).

X.) Method of Payment

a) Prices are given in Euros and include all taxes and fees.

b) Payment should be made solely using the following account information:

c) Payment (see Terms of Payment at Specification of Services) must be made to the Sky Flight Academy GmbHs account promptly on the designated dates. All bank and transfer fees are the responsibility of the student.

d) Delinquent payments will incur a fee in the amount of 1% per month as agreed. In addition, the student will be charged a late fee in the amount of € 15,‐‐ to cover expenses. VAT and postage may add an additional charge.

e) FTO will charge a one‐time processing fee of 5% (plus VAT) of the agreed price for the written withdrawal of physically and mentally sound customers up to two weeks before the start of the course.

XI.) Cancellation of the Contract

a) Both contractual parties retain the right to cancel this contract without an advance notice period for cause if instructional progress becomes unreasonable or impossible. Possible reasons for this may include:

• failure to fulfill conditions of the training,
• serious disability,
• serious shortcomings in the student’s performance or behavior,
• serious violation of safety procedures, the policies of FTO or its contracted partners, or the terms of this contract.

b)The cancellation must be in writing.

c) Should the contractual relationship end early for reasons outside of FTO’s control, the student is responsible for all costs of goods and services incurred up to the point of cancellation.

XII.) Final Points

a) Additions and changes to this contract must be made and signed in writing.

b) Dispute of a single point does not invalidate other points or the remainder of the contract.

c) This contract is underwritten by Austrian law. Disputes are under the jurisdiction of the regional court St. Pölten.