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Terms of Service

General

The following General Terms and Conditions of Business apply to all services and products of Sky Flight Academy GmbH, Flughafenstrasse 7, 3500 Krems (address of the company location), FN 331040z, AT.ATO.141 - hereinafter referred to as "ATO" - that work with a trainee - hereinafter referred to as "student" (male / female) - concludes a training contract.

I.) Scope

The terms and conditions apply to all services and products provided by ATO and are posted in the ATO office. If required, copies of these can be obtained from ATO at any time. In case of doubt, written individual agreements take precedence over the general terms and conditions.

II.) Training services

a) Training or other services are specified in the respective service description of a contract.

 

b) Theoretical and practical training is based on the applicable statutory regulations / requirements that are necessary to acquire the agreed license or authorization.

 

c) Course structure, content and scope of the individual training services as well as the approval and use of the training aircraft and training equipment correspond to the applicable legal regulations and are in the approved training manual (Operations Manual OM-A) and course manual (Training Manual OM-D) of the ATO established.

 

d) The ATO has the right to change the course design, content and scope of the individual training services as well as the training materials used in accordance with the applicable statutory regulations of the authority.

 

e) The training is carried out in German and English.

 

f) ATO is entitled to commission third parties in whole or in part to carry out its services

III.) Requirements

a) The ATO is entitled to carry out a selection test (also by third parties). Furthermore, the ATO can check the student's knowledge of mathematics, physics and English and, if necessary, undertake a 2-day retraining of the basic knowledge.

 

b) For underage students (persons up to the age of 18 are considered as such), the registration must be signed by the legal representative.

IV.) Requirements

a) The performance requirements are regulated by law and experience has shown that if the student has average talent, they can be met without additional, paid training. The performance and behavioral requirements for the student result from the contents of the training manual (Operations Manuals) and the course manual (Training Manuals). These are made available to the student in a suitable form from the start of the training. Should the student, contrary to expectations, require additional theoretical and / or practical training - in addition to the lessons specified in the service description - he must bear these costs in accordance with the currently valid price list. The price list can be viewed at any time in the ATO. The scope of the additional flying training follows the requirements of the training manual.

 

b) The ATO and its contracting partners will communicate safety instructions that the student should follow. Repeated undisciplined behavior by the student can lead to his or her exclusion from the course; in this case the student is neither entitled to reimbursement of costs for services already consumed nor to continuing the training.

 

c) The student undertakes to the ATO and its contracting partners

  • to take part in all training events regularly and on time,

  • to notify the ATO immediately in the event of absence, stating reasons,

  • to report any unfit to fly to the ATO immediately in accordance with EASA Part-FCL Regulation 1178/2011 Annex IV Part-MED.A.020,

  • make up for the missed lessons on request at your own expense,

  • to take part in the internal and officially prescribed tests on the dates set by the ATO.

 

d) The ATO undertakes to provide the student with all training documents necessary for the training and to update them if necessary. However, these may not be copied or reproduced, passed on / passed on to third parties or sold, but only used for personal use.

 

e) The student is particularly obliged to take into account the good reputation of the ATO through his behavior at training events, in the company, in public and other public events.

 

f) The student is required to attend more than 95% of the theoretical training. The ATO reserves the right to hold additional knowledge tests in oral, written and / or electronic form in order to check the student's level of knowledge if the attendance rate just mentioned is not achieved.

 

g) The student agrees that data (e.g. ongoing assessments of flying performance by flight instructors) will be collected and kept under lock and key during the training for the purpose of performance control. All ATO employees are bound to secrecy. Any data will only be passed on with the separate consent of the student.

 

h) Changes to the content of the contract during ongoing courses (services, prices, fuel, insurance, etc.) require mutual written consent. Changes to taxes or other relevant tax rates entitle ATO to adjust its tariffs without prior notice.

 

i) The student must inform the ATO immediately of any change of name, address, etc.

V.) Training locations

a) The training locations for theoretical training are the offices of the Sky Flight Academy at Krems Airfield (3500 Krems, Flughafenstrasse 7) and approved training offices in Vienna and Johannesburg, and Krems Airfield for practical training as well as other approved airfields and international airports (e.g. Grand Central Airport Johannesburg Midrand). The ATO is entitled to specify other training locations if necessary.

 

VI.) Start and duration of training

a) The duration of the training results from the start of the course in accordance with the training contract and the training period specified in the course plan; However, it can also be extended or shortened for school-related reasons within the legally permissible limits.

 

b) The training can be suspended indefinitely by the ATO for an important reason which is in the area of ​​the student. Important reasons can be a temporary inability to fly, other serious restrictions in availability, poor performance by the student, pending criminal proceedings against the student, but also force majeure - such as political unrest, terrorist attacks and natural disasters - and other reasons.

 

c) If the student does not take part in the agreed course program in full, he is entitled to make up for the missed part at the earliest possible date, provided that resources are available for this. If the next possible date is already fully booked, a date will be agreed upon by which the missed course program will be made up.

 

VII.) End of the training

a) The training contract ends when the student has successfully passed all internal school exams as well as all other required official examinations and the classes intended to achieve the contractual objective have been completed.

 

b) If an aeronautical examination during the training reveals that the student is permanently unfit to fly, the training contract ends at the end of the day on which the unfit to fly was determined.

 

c) The training contract also ends prematurely with the announcement of the corresponding examination result if the student has finally failed one of the internal or official theoretical or practical examinations.

 

VIII.) Exams

a) The student takes part in all official examinations on the set dates; in the event of illness, a medical certificate must be presented.

 

b) In order to check the level of performance and to control the learning progress, the ATO or its contracted partners conduct intermediate examinations that are subject to participation. The results are announced to the student.

 

c) The student authorizes Austro Control to announce his examination results to the ATO.

 

IX.) Liability & Insurance

a) The training aircraft are insured against liability damage and accidents in accordance with statutory provisions and an additional comprehensive insurance with excess for the entire duration of the training. The student is released from the deductible by the ATO, provided the damage was not caused intentionally, due to insufficient physical fitness or gross negligence. The ATO is insured in the event of any personal injury or damage to property that could occur in the course of the training. In addition, it assumes no liability.

 

b) Taking third parties (relatives, friends, acquaintances) into the training device (A / C and / or simulator) is only permitted if this is expressly permitted in writing by the ATO (Head of Training Head of Training and Chief Flying Instructor) has been.

 

X.) Terms of payment

a) The prices given are gross prices (including VAT) and in euros.

b) Payments are made exclusively to the following bank account:

Owner: Sky Flight Academy GmbH
Bank: Raiffeisenbank Region Wagram
IBAN: AT68 3200 2000 0001 6600
BIC: RLNWATW1002

 

c) The payment amounts (see point “Terms of payment” under contract content) must be received by the Sky Flight Academy GmbH account on the respective due date. The student bears bank charges and other transfer costs.

 

d) In the event of default in payment by the student, default interest of 1% pm is agreed. For each reminder, the student will be charged an additional amount of € 15 (plus sales tax and postage) as a reimbursement of expenses.

 

e) ATO charges a one-time processing fee in the event of a written cancellation / withdrawal in the event of physical / mental suitability by the customer at least 2 weeks before the start of the course in the amount of 5% of the agreed gross training price plus any statutory sales tax.

a) Both contractual partners are entitled to terminate this training contract without notice for an important reason if continuation of the training has become unreasonable for one of the contractual parties. Important reasons in this sense are, for example:

  • Failure to meet the training requirements,

  • serious unsuitability,

  • Serious deficiencies in the school performance or in the behavior of the student, serious violations of the applicable safety regulations, the operating regulations of the ATO, its contracting partners and the provisions of this contract.

 

b) The termination must be in writing to be effective.

 

c) If the apprenticeship relationship ends prematurely for reasons for which the ATO is not responsible, the student bears all costs for the training and other services that he has used up to this point in time.

XII.) Final provisions

a) Subsidiary agreements and changes to this contract are only valid in signed written form.

 

b) The ineffectiveness of a point does not affect the validity of other points or the entire contract.

 

c) The contract is subject to Austrian law. The place of jurisdiction for any disputes is the St. Pölten Regional Court.

XI.) Termination

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