DEFINITIONS
a) “Buyer” means the individual or organisation who buys or agrees to buy the Trial Lesson from the “Seller”
b) “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
c) “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Trial Lessons incorporating these Terms and Conditions.
d) Seller” means The Vale of White Horse Gliding Centre Ltd at Sandhill Farm Airfield, Highworth Rd, Shrivenham SN6 8BQ.
e) “Scale of Charges” means the administration charges and penalties which the Seller may impose for late changes by the Buyer to the Start Date or for failure by the Buyer to attend a Trial Lesson on a booked date.
f) “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
CONDITIONS
a) Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
b) These Terms and Conditions shall apply to all contracts for the sale of a Trial Lesson by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
c) Payment for the Trial Lesson shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
d) Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
ORDERING
a) All orders for a Trial Lesson shall be deemed to be an offer by the Buyer to purchase a Course pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
b) Trial Lessons have an expiry date. The voucher for the Course will expire in three months after purchase
PRICE & PAYMENT
a) The Price of the Course shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT (where applicable).
b) Payment of the Price must be made in full before the Trial Lesson is undertaken.
RIGHTS OF THE SELLER
a) The Seller reserves the right to adjust the price and specification of any Trial Lesson type on the Website at its discretion.
b) The Seller shall not be liable for inability to deliver the Trial Lesson at any time because of conditions not suitable for gliding.
WARRANTY
The Seller warrants that the Trial Lesson will when undertaken correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Trial Lesson, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Trial Lesson for the Buyer’s purpose.
CANCELLATION AND RETURN
a) If you are a consumer and purchase your Trial Lesson on the internet or over the telephone you have the right, in addition to your other rights, to cancel the flight Contract and receive a refund by informing the Seller by emailing [email protected] within 7 working days of receipt of the confirmation email. We do not offer refunds on sales made in person. This does not affect your statutory rights.
b) The Buyer will receive a refund of all monies paid for the Trial Lesson within 30 days of cancellation.
c) The Buyer may contact the Seller not less than 3 days before the Flight Date to ask for a change to the Flight Date. The Seller may charge an administration fee as set out in the in its Scale of Charges.
LIMITATION OF LIABILITY
a) Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Trial Lesson and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
b) Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW & JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
b) The Buyer will receive a refund of all monies paid for the Trial Lesson within 30 days of cancellation.
c) The Buyer may contact the Seller not less than 3 days before the Flight Date to ask for a change to the Flight Date. The Seller may charge an administration fee as set out in its Scale of Charges.
LIMITATION OF LIABILITY
a) Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Trial Lesson and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
b) Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW & JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.