General Terms and Conditions - Ciconia Aviation Services                                                                  Version 17-November-2017


 

Article 1. General

These General Terms and Conditions apply to all services provided by Ciconia Aviation Services (Ciconia) or subsidiaries to its clients, hereinafter referred to as “Customer” and “Participants”, as applicable. Customer general conditions are not applicable even when printed on Customer’s Order or other documents.

 

Article 2. Offer - Conclusion of Contract

Ciconia services, training packages, training material, examinations, schedules and related prices are described in our brochure and/or website. Payments made by the Customer or Participant, entails acceptance of these general conditions.

 

Article 3. Cancelation of E-training (product)

Within 2 weeks of the purchase, customer may cancel all or certain purchased E-training product free of charge and without specifying a reason, by written notice to Ciconia (support@ciconia-aviation-elearning.com). Any  issued Certificate of Course Completion related to the cancelled product, will become void. After two weeks of purchase, the training and or examination fee is due in full.

Ciconia may, at its sole discretion, charge cancellation fees. Any cost incurred by Ciconia in response to specific cancelation requests after two weeks of the purchase will be charged to the Customer but will be limited to the full training price minus any applicable cancellation fee . 

 

Article 4. Force Majeure

Ciconia may suspend, delay or cancel the performance of a training and/or examination session due to ‘force majeure’ or other reasons beyond Ciconia reasonable control, or if the training and/or examination session can only be performed with unreasonable economic efforts such as insufficient number of participants or if the designated trainer and/or examiner suddenly becomes ill. 

Any other claims, be they for direct or consequential damages or otherwise, are hereby expressly excluded. 

 

Article 5. Performance

i. Training and/or examinations will normally take place through  the Ciconia website and/or at their (selected) premises. In the event another training location is agreed upon, Customer will be responsible for procuring an adequate training infrastructure which meets at a minimum the Ciconia requirements. The customer must provide Ciconia staff access to the facilities where the training and/or examination takes place.

ii. The daily schedules of training and examinations are indicated in our brochure and/or website or other information materials. Ciconia reserves the right to have the training or examination be delivered  in whole or in part by duly qualified third parties in Ciconia’s name. 

iii. Training and Examinations will be given in the English language mentioned in the information materials and website, unless otherwise agreed to and confirmed in the course offer.

 

Article 6. Prices and Terms of Payment

i. The description of services as contained in our brochure and website or the offer forms an integral part of the training agreement. 

ii. The applicable prices are stated in our brochure and/or website or in our specific offer of service. Any applicable taxes, duties and fees are extra and will be included on the invoice(s).

iii. Payment shall be made online in Euro unless specified otherwise. Bank details will be specified in our invoice. Payment shall be made at Customer’s cost. Invoices must be paid following the General Terms and Conditions of the Ciconia.

iv. Ciconia will not bear any of the participants’ travel or lodging expenses. 

v. In case the training takes place at Ciconia selected locations, all additional costs and expenses related to the sojourn of the participants (doctor, hospitalisation costs, …), will be borne by the customer. 

vi. Course certificates are issued only after completion of the course and payment of the final invoice. 

 

Article 7.  Liability/Safety Rules

i. Ciconia shall not be liable for any kind of damages arising directly or indirectly out of or in connection with this agreement or the performance or failure to perform the training or examination, unless due to the gross negligence or wilful misconduct of our directors, contractors, employees or agents. Customer agrees that its participant(s) shall abide by the relevant safety and accident prevention rules or other regulations applicable within Ciconia (selected) premises.

ii. Customer is liable for any kind of damage to and/or loss of property (including any aircraft), caused by an act or omission of its directors, officers, employees, agents or any person registered for training/examination.

iii. Customer expressly agrees to hold harmless, and indemnify Ciconia, its directors, contractors, officers, employees and agents from and against any claims brought by any third party, including such third party’s personnel and agents, in connection with this agreement.

iv. Ciconia, its directors, contractors, officers, employees and agents shall not  be liable for any claims arising out of injuries or bodily harm (including loss of life) or of damage to or loss of personal or work property sustained by the training participants while on the property of the Ciconia or any other location at which the training is delivered, including travel to and from the training location, unless due to the gross negligence or wilful misconduct of our directors, contractors, employees or agents.

v. Customer is solely responsible to ensure adequate workers’ compensation and civil liability coverage insurance for its participants.

vi. When Ciconia was to be considered liable, any liability is limited to the invoiced amount paid to Ciconia, in the calendar year in which the action leading to this liability occurred.  

 

Article 8. Copyright on Working Documents, Software and Manuals

i. Customer and participants acknowledges that Ciconia courses, examinations and training sessions contain ideas, concepts, procedures, which represent trade secrets of Ciconia and which are given and received in confidence. Such information shall only be used for purposes relating to the performance of this Agreement. Such information, including, though not limited to, the documentation related thereto may not be disclosed or reproduced by the recipient, its intermediary, agents or employees without the written consent of Ciconia.

ii.  Customer and participants recognises and agrees that the use or disclosure of such trade secrets can cause irreparable harm and substantial losses to Ciconia. The provisions of this clause do not apply to information (i) proper to or according to the law part of the public domain provided in a way other than by breach of this contract or any other obligation regarding confidentiality, (ii) proper or according to the law property of the recipient before informing this other party, (iii) obtained by a Third Party who is free to reveal this information or developed separately by the recipient thereof. The provisions of this clause are maintained after termination of this contract for any reason. Customer and its participants may not copy or reproduce training material or make it accessible to third parties without Ciconia prior written consent and to the extent that Ciconia can give such consent. “Licensed material” is any kind of Ciconia documentation and according software made available to the training participants. 

 

Article 9. Other Duties

Ciconia will treat any information about training participants and/or any internal business information about the Customer as confidential, pursuant to the legislation concerning the protection of personal data.