Terms and conditions
Air combat europe
Some word definitions
˚ In these Terms and Conditions ACE stands for: Air Combat Europe BV, situated at Lelystad Airport and/or it’s legal successors in general.
˚ applicability of the Terms and Conditions: these Terms and Conditions apply to all contracts that cover delivery of goods, services, products and performances in whatever form between ACE and consumers or other parties; henceforth to be named “client” or “clients”.
˚ These Terms and Conditions should include: the Terms and Conditions of the Vereniging van Nederlandse Luchtvaart Ondernemingen (VNLO, Association for Dutch Aviation Enterprises), which have been registered with the Arrondissementsrechtsbank in Amsterdam on May 21st, 1993 under number 205/1993, as long as there has been no deviation in the following.
˚ A judge in the domicile of ACE shall be laden with decisions concerning differences that cannot be settled amicably. General Terms and Conditions of client(s) in whatever form will not be applicable unless otherwise clearly agreed. In all other matters Dutch law is applicable.
˚ With an arrangement we mean: to provide client(s) with ACE’s means in order to make flights on a specific day and time or for an arranged period of time, in which personnel called in by ACE will serve as flyer.
˚ Those who serve in name of the client(s) will be expected to bind client(s) as were they themselves the client(s). Information granted to these representatives is expected to be passed on to the client(s).
General provisions in the relation ACE-Client
˚ Client(s) will provide ACE with all information necessary for ACE to comply with it’s obligations as a company in the aviation sector. Client(s) are to provide this information and intelligence of one’s own accord, for as far as client(s) should understand that it is necessary. In al other cases client(s) will provide information and intelligence upon the first summoning of ACE. Not complying with this obligation gives ACE the right to disperse all agreements and reclaim all that has already been accomplished within these agreements without interference of a judge. ACE cannot be held responsible for consequences in the case of client(s) not complying with the decided obligations.
˚ ACE handles personal data known to her conform the Wet op Persoonsregistratie (Law of Personal registration). Clients are expected to treat ACE’s business- and personal data in a confidential matter. Complaints regarding employees of ACE should be filed with ACE’s management.
˚ ACE complies with it’s obligations in accordance to the demands of proper craftsmanship. ACE reserves the right to let third parties realize and follow-up her obligations whenever necessary.
˚ ACE is not bound to comply with its obligations in case of circumstances beyond its control or hindrance by third parties outside the power of ACE, including strikes, as result of binding requirements from authorities or as a result of natural causes. When such a situation occurs, follow-up or realization of ACE’s obligations will be postponed until ACE is able to follow-up or realize its obligations. In case of postponement surpassing a period of two months, both client(s) and ACE are authorized to demand and execute an annulment of all agreements and deals made through a substantial announcement to the other party. In case of annulment by ACE or client(s), client(s) remain obligated to pay for all services that have already been delivered by ACE. In case of annulment no another form of demanding compensation of possible drawbacks or damage as result of the annulment will be possible.
Responsibility of ACE:
˚ In all other cases ACE can only be held responsible for damage the law deems her responsible for and that has occurred due to intention or vast fault of ACE or its employees. ACE will be insured for this. Clients are to turn to ACE’s insurance company, whose address is available through ACE, in case of intended claims. ACE cannot be held responsible for damage or possible drawbacks due to client(s), third parties or other outside forces.
˚ All prices include sales taxes unless otherwise stated.
˚ Client is obliged to pay in cash upon making the agreement or prior to delivery unless another agreement is made. In case of an invoice, payment should be made within 8 days of the date of invoice, in the way ACE has instructed and in currency as stated by ACE. From 30 days after the invoice date client(s) are in default in case no payment has been made. A monthly interest of 1% of the total amount will be instated, or the legal interest in case that is greater.
˚ All products provided by ACE in possession of client(s) remain ACE property until payment has been made in full. They will be immediately claimable in case of termination, bankruptcy or suspension of payment. In these cases all payments made by client(s) will also be completely applicable to all debts of client(s) and costs made by ACE in favor of the client(s).
˚ Payments made are not in position of restitution and are non transmissible.
Extraordinary decisions regarding sales, delivery and maintenance of goods and so forth
˚ Offers and proposals made to client(s) by ACE will be active for 14 days, unless otherwise stated. An agreement should come about within these 14 days, by way of written acceptation by the client(s). ACE holds the right to examine client(s) persona, possibilities and circumstances in order to determine whether the agreement can be enforced responsibly. In case ACE finds clues to show that it would not be responsible to execute the agreement, ACE will let the client(s) know this at first possibility.
˚ ACE cannot be held responsible for deviations and inaccuracy in descriptions, models and other forms of presentation of the offered. ACE remains authorized to make changes or have changes made after the agreement when circumstances make this necessary. Circumstances meaning: changes in production by the manufacturer, changes in requirements of related authorities, safety and other outside forces. ACE will notify client(s) of changes made as soon as possible. If possible and through payment client(s) can apply changes in the offered.
˚ Buyers and consumers of ACE’s products and presentations, in particular aircrafts, are incumbent to provide all possible cooperation, including the necessary administrative formalities and agreed payments, to ensure good supply and delivery. ACE can never be invoked in case client(s) do not comply with this obligation. If any, damage and costs will be and remain for client(s) account.
˚ ACE does all that is possible to ensure delivery of goods and services within the agreed period of time. ACE informs client(s) as soon as possible of ready making, finished products or announcement of probable delivery date. Client(s) are bind to collect their property and goods within 48 hours after having been given notice of finished product. Delivery or yielding will occur on ACE’s given terrain or other grounds if so is agreed. ACE may instate client(s) with costs of deposit, maintenance, security and so forth in case collecting or yielding does not happen within 48 hours.
˚ Delivery dates are indicative. In case delivery is delayed due to circumstances outside ACE’s force, delivery date will be postponed until sound delivery can be ensured. Circumstances may include fault(s) of ACE’s suppliers, demands and restrictions made by authorities, natural causes and client(s) fault(s). When ACE is withheld from timely delivery due to the client(s) fault, costs of postponement will be billed to the client(s).
˚ Client(s) hold no right to default ACE in case of delivery delay nor can they demand compensation for any damage or any form of non-compliance with client(s) requirements.
˚ When an agreement is made to buy or sell an aircraft, 40% should be paid immediately. The remainder should be paid as soon as ACE informs client(s) that the aircraft is ready for departure at the manufacturer.
˚ Complaints about executed work by or in name of ACE should be filed with ACE within 5 days of completion of said work. ACE will let client(s) whether the complaint is legitimate within at most 2 weeks. ACE can only be held responsible as previously stated. New agreements regarding the execution of work will be made in case they are wanted or needed.
Extraordinary provisions regarding rent, arrangements, parking, air transport services and so forth
˚ The following provisions apply when ACE provides means, including aircraft, space in hangars and on platforms and personnel, to client(s). Rent included.
˚ ACE is cannot be mandated to honor an agreement when there is a presumption that the safety and security of the means provided cannot be guaranteed. This also counts when ACE suspects the safety of client(s) is at stake. ACE can postpone execution until a decisive answer has been granted. ACE can change whatever has been agreed upon to ensure that the safety can be guaranteed or annul the agreement. ACE will notify of this as soon as possible. When ACE annuls, mutual claims and requirements expire.
˚ Client(s) can take an option on an arrangement for a particular date and time-frame or a particular period of time. ACE honor this option, when she estimates that sufficient means are available and the circumstances will most likely permit the arrangement. Options can be made for 2 months prior to the date or period of time. The option is valid for 2 weeks and will then automatically be converted into a contract execution for the agreement, unless client(s) have clearly rendered the option in writing. ACE is then free to apply the cancellation rules analog.
˚ Client(s) are to pay 20% of the arrangement price prior to the expiration of the option term. For the rest, payment of the total or remaining amount should be made prior to or on the day of the arrangement.
˚ Client(s) can cancel an arrangement on the following conditions. Fees charged by third parties in connection with the arrangement will be billed to the client(s) in case of an annulment. ACE charges its share, counting back from the agreed date, to the client(s) according to following calculations:
– Up to 8 weeks: 20% of the price
– Up to 4 weeks: 60% of the price
– Up to 2 weeks: 80% of the price
– thereafter: full price
˚ ACE will give a restitution of the owed amount as soon as possible after the explicit and written confirmation of cancellation – after payment by client(s). As long as client(s) have not paid, ACE is entitled to charge client(s) with costs and damages made. This cancellation regulation can be changed at all times without prior notice, including changes that are decided by the amount of participants in an arrangement.
˚ In case of arrangements, the amount of people mentioned on ACE’s confirmation is the minimum amount of people that client(s) will be charged for. When more people than stated in the confirmation participate, this will be billed accordingly.
Extraordinary provisions regarding training and instruction
˚ Users of flying material are held to a liability contribution. Usage of flying material should be paid in advance. Payment through so-called “deposit on card” implies that only the person in whose name the deposit has been made can use this amount. Restitution is not possible and funds are non transmissible.
˚ Similar conditions apply to training flights as to any other service granted by ACE concerning the availability of material.
˚ Rights to teaching- and instructional resources provided by ACE are held by ACE unless explicitly stated otherwise. They will not be made available to third parties, unless explicitly agreed otherwise.
˚ An instructor will be appointed by ACE.
˚ ACE may decide to let the student fly with different instructors during the period of education, depending on circumstances.
˚ Information about when and in which subjects theoretical courses are to be held can be retrieved from ACE. Students can apply for a course and will be given the opportunity to participate in the first available course. Tuition and materials should be paid in advance. Tuition is not restituted in case a student decides to stop participation prematurely. You will be notified of the first available examination opportunity during the course. Students are to apply for the exam and pay examination fees themselves.
˚ Flight balances, to which no claim is made within 2 years of deposit, expire without further notice.