HELICLUB’S TERMS OF USE

 

 

Last amended:  March 31st, 2017

 

1.     SCOPE AND DEFINITIONS

 

1.1.These Terms apply to all Information Services provided by Heliclub through the Service.

 

1.2.In order to use the Service, the User must agree to the terms and conditions set out below. By using the Site, the User accepts this Terms in full, irrespective whether the User creates an Account.

 

1.3.These Terms are effective at the time the User begins using the Service. The User may withdraw from its obligation under the Terms at any time by discontinuing the use of the Service.

 

1.4.The User acknowledges and accepts that:

 

-        these Terms are subject to change without prior written notice at any time at the Company’s sole discretion, by updating this posting;

 

-        the Company reserves the right, at its own and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Service, and/or disable any access to the Service.

 

1.5.As used herein, the terms shall have the following meaning:

 

-      “Account” shall mean the User’s account that they create using the Service to access the Information Services of the Company. Also refers to as the Passenger’s or the Partner’s Account.

 

-      “Content” shall mean all text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentats, which are the intellectual property of the Company.

 

-      Flight” shall mean helicopter ride (tour, charter etc.) the User orders via the Service.

 

-      “Heliclub”, “Company”, “we”, “us” shall mean Heliclub LP, a company registered at 4499 Mitchell House, 5 Mitchell Street, Edinburgh, Scotland, EH6 7BD, under the registration number SL027313.

 

-      “Helicopter” shall mean any helicopter operated in connection with any Flight or other Partner’s Services.

 

-      “Heliclub certificate” -  a digital document certifying (a) the obligation of Heliclub to source the Partner for the provision of the services named in the certificate and (b) the obligation of the Partner to render the services according to the terms of the certificate or booking.

 

 

-      “Partner’s Services” shall mean the air transportation, logistics and other services, which include but are not limited to organizing and providing helicopter tours, charters, as well as the services of rent, flight training, fractional ownership, pilot licence validation etc., provided by the Partner. The Partner’s services shall also include guiding and instruction services in the tourism area.

 

-      “Partner”, “Carrier” shall mean an independent third party provider, either individual or legal entity, engaged by the Company to provide the Partner’s Services to the Passenger using the Service.

                                                       

-      “Passenger” shall mean the User who ordered the Partner’s Services using the Service.

 

-      “Privacy Policy” shall mean the integral part of the Terms available at www.heliclub.com/privacy , which regulates privacy practices and procedures regarding the collection, use and disclosure of personal data of the Passenger during the Heliclub’s provision of the services.

 

-      “Service”, “Platform” shall mean all applications, websites (including the Website), content, products, and services made available by the Company to provide the information services to the Users.

 

-      “Social Networks” shall mean third-party social media websites, plug-ins and applications, such as those offered by Facebook and others.

 

-      “Terms”, “Agreement” shall mean these terms of use, which, together with the Privacy Policy, constitute a legal agreement between the User and the Company. The Agreement does not deal with any relationships between the Users and the Partners, except for those mentioned herein.

 

-      “User” shall mean any person using the Service (including the Passenger, the Partner or other person). The User is an independent party and no joint venture, employment, or agency relationship exist between the User and the Company as a result of these Terms or the User’s consuming of the Service.

 

-      “Website” shall mean a website “ www.heliclub.com ”, owned and operated by the Company.

 

All other definitions not specified in this clause shall be determined in accordance with the applicable law.

 

2.     SERVICES OF THE COMPANY

2.1.Heliclub is providing the Passengers and Partners with the access to technology platform enabling communication between the Passengers and the Partners for ordering the Partner’s Services via the Service, as well as for buying the Heliclub certificates. Heliclub is responsible for ensuring the proper work of the Service.

 

2.2.Heliclub itself does not provide air transportation, logistics or other Partner’s services. The Company is not a registered air carrier. However, Heliclub may be provider of air charter brokerage services enabled via the Platform as well as it provides services related to sale of Heliclub certificates, which may include, but not limited to obtaining Partner’s commitment to provide the services indicated in Heliclub certificates as well as connecting the Partner with the Passenger for the provisions of the Partner’s services under the Heliclub certificate.

 

2.3.Heliclub shall be responsible for the linking of Passengers with the Partners in order to fulfil their demand in services indicated in Heliclub certificate. For the Passengers, it sources the Partner suitable to the Passenger’s request/or Heliclub certificate bought, while the Partners obtain the platform for the promotion of their services as well as for the sourcing the potential clients – the Passengers.

 

2.4.Heliclub does not sell flight-based packages, flight-plus packages (as defined in CAA Air Traffic Organisers Licence (ATOL) Regulations) as well as it does not sell or offer for sale any other travel packages. These shall in no way preclude the possibility of Partners to provide the mentioned services to the Passengers, if ordered outside of the Platform.

 

3.     USE OF INFORMATION SERVICES

 

A.    Passenger’s use of the Service

 

3.1.Passenger’s Account

 

3.1.1.     In order to use the Service, in particular, to make a booking, the Passenger shall create an Account, accepting the Terms. The Service may request the following information to create the Account: first name, last name, address, email address, mobile telephone number, credit card number, password, social medial profiles and other information.

 

3.1.2.     The Passenger may also log into the Service through the Social Networks. The Passenger hereby agrees and fully understands that while choosing such way of authorization the Passenger grants the Company full access to User’s information from the respective Social Network accounts.

 

3.2.Booking. While certain Partner’s Services might be available for ordering without registration on the Platform, the booking of flights and sale of Heliclub certificate is available only upon the Passenger’s registration at the Platform.  The Heliclub certificate is served upon a completion of booking procedure.

 

3.3.Payment

 

3.3.1.     When the Partner’s Services or Heliclub certificates for such services are ordered and/or booked by the Passenger, the latter shall pay for such item (-s) in accordance with the prices indicated at the Platform for this particular item (-s).

 

All payments are made through the third-party payment provider from the Passenger’s account to the account of Heliclub. The Services are deemed paid by the User at the time when the funds in the amount equal to the price of the Partner’s Service booked are credited to the bank accounts of Heliclub.

 

3.3.2.     The Company is entitled to service fee for each particular booking.

 

3.3.3.     The Parties shall bear all the tax duties applicable to the use of the Services on their own.

 

3.3.4.     All charges paid by the Passenger are final and non-refundable unless otherwise provided by these Terms or annexes hereto.

 

3.4.Booking Confirmation. After the payment was made, the Company shall send the booking confirmation to the Passenger’s email, indicated in the Account, or to any other address (including phone, Skype etc.) indicated by the Passenger. Booking of Partner’s Services are confirmed by the Heliclub certificates. The latter may contain QR-codes or other information to be used for verifying of the certificate. The certificate is valid within 90 (ninety) calendar days following the day of its issuance. The Partner shall request the certificate and verify, as instructed by Heliclub prior to rendering the Partner’s Service booked. Only a valid Heliclub certificate is the ground for the provision of the Partner’s Services. Otherwise, the Passenger will be denied of provision of the Partner’s Services.

 

3.5.Booking cancellation. The Passenger shall have no right to cancel the booking if the payment was already made.

 

3.6.Partner’s limitations. Upon the booking confirmation, the Company shall additionally inform the Passenger on the limitations applied to a Partner, who will perform the Partner’s Service. The general limitations applicable to every flight and related services performed by the Partners according to these Terms of Use, are the following (please read carefully the description of the flight destinations offered, as well as instructions sent by the Company after booking confirmation) :

 

a)     The weather. The flights depend on weather conditions and thus may be cancelled at any time if the flight in a particular weather. Cancellation of the flight due to the weather conditions shall result in consequences set out in para.  3.7.2 below.

 

b)     Weight & Balance Restrictions. Partners’ aircraft are subject to weight & balance limitations, both for the individual passenger and total of all flying persons and luggage. The limits per seat, if not instructed separately, is 115 kilograms.

 

c)     Age Restrictions. Children below the age of 12 must be accompanied by an adult. Additional limitations may apply to children below the age of 3 years.

 

3.7. Partner’s failure to provide the Partner’s Service.

 

3.7.1.     Should the Partner fail to provide the Partner’s Service, duly paid by the Passenger, at their fault, the Passenger shall have no immediate monetary compensation or reimbursement.

 

3.7.2.     However, in case of the Partner’s failure to provide the Partner’s Service at their fault, the Passenger shall have:

 

(a)   the right to obtain the Partner’s Service of the same kind at the same price as the failed order from the other or the same Partner, at no cost and with no restrictions as to the location of the Partner’s Service provision,

 

(b)   the right to order the Partner’s Service with a discount equal to the price of the failed order, with no restrictions as to the location of the Partner’s Service provision (the Passenger covers the difference);

 

3.7.3.     No compensation, free Partner’s Service or discount is available for the Passenger in case of the Partner’s failure to provide the Partner’s Services that have not been properly paid by the Passenger. However, the Passenger retains the right to order any other Partner’s Service from any of the Company’s Partners at any other time.

 

3.8. Rights and obligations of the Passenger

 

3.8.1.     The Passenger shall have the right:

 

-        to use the Service to arrange and order the Partner’s Services;

-        to access the Account at any time;

-        for full and complete information about the Flight, the Partner, the Partner’s Service they ordered;

-        to address the Company with requests and advices with regard to the Service.

 

3.8.2.     The Passenger is obliged to:

 

-        control all activity that occurs under the Account, to maintain the security and secrecy of the Account username and password at all times;

-        provide true, complete and accurate personal information when requested by the Company;

-        provide the Company with IDs or identity documents including but not limited to passport, full and provisional licence or other documents required for the purpose of verification of the information contained in such IDs or identity documents by a third party service provider;

-        carefully review and verify all details reflected in the booking when completing the reservation;

-        arrange payment for the Partner’s Services ordered.

 

3.9.Rights and obligations of the Company

 

3.9.1.     The Company shall have the right to:

 

-        represent the Passenger before the Partner in order to arrange a Partner’s Service provision;

-        collect payments for the sale of Heliclub certificates from the Passengers;

-        refuse at any time to provide the access Platform and related services to any Passenger with or without cause and without compensation;

-        request at any time all information and documents necessary for the provision of the services offered hereunder;

-        suspend or terminate the access to the Account in accordance with these Terms.

 

3.9.2.     The Company is obliged to:

 

-        provide full and reasonably possible access to the Passenger’s Account;

-        ensure proper work of the Service;

-        source the Partner in order to meet the Passenger’s request for the Partner’s Services, submitted via Platform;

-        answer to the Passenger’s requests within reasonable time.

 

3.9.3.     The Company will exercise its best endeavours to ensure the highest level of safety of the Passengers during the Partner’s Services provision, as well as the and quality of the Partner’s Services. For that purpose, the Company will request and arrange verification of all necessary documents from the Partner and will discontinue the partnership with the Partners who do not satisfy the highest standards of ICAO, EASA, Federal Aviation Administration or other respective authorities governing the area of Partner’s Services.

 

3.9.4.     We also encourage the Users to inform us on any problems with regard to the provision of the Partner’s Services in order to improve our Service and to ensure the compliance with the aforementioned standards.

 

B.     Partnership (Partner’s Use of the Service)

3.10.              Admission of the Partner and Partner’s Account

 

3.10.1.  The Partner uses the Service in order to source the potential clients – the Passengers willing to order the Partner’s Services. In order to use the Service, the Partner shall fill in the Partner’s contact form, available on the Website or enter into Partner’s agreement (available at the Partner’s request) in writing. While submitting Partner’s contact form, the Partner shall provide the Company with actual and relevant information, as indicated in the Partner’s contact form. Such information may include: the description of aircraft in use; the routes Partner is able to cover; navigation time/seasons, other limitations applicable to the aircraft and the Partner’s services; the price estimates for the flights that may be provided as well as other related information.

 

3.10.2.  Upon the submission of the Partner’s contact form to Heliclub via the Website, Heliclub will   at its own discretion decide on the admission of the Partner to the Platform. In the course of admission procedure, Heliclub may request any additional information about the Partner as well as might request to provide and/or present the documents, licenses etc. Heliclub shall inform the Partner on the results of the admission by email provided in the Partner’s contact form.

 

3.10.3.  Upon the successful admission procedure, the Partner may create the Account. By creating account, the Partner accepts and agrees to be bound by these Terms. In particular, the Partner agrees that Heliclub will provide the Partner with the brokerage services enabled via the Platform as well as commits to provide the Services as set out in Heliclub certificates.

 

3.10.4.  After creating the Account, the Partner gets access to the cabinet that contains full and accurate information on the past and present orders, clients (Passengers), aircraft, pilots and all relevant information with regard to the requested documents.

 

3.10.5.  Upon the booking confirmation, as set out in para. 3.4 herein, the Company shall contact the selected Partners eligible for the provision of the Partner’s Service booked, in order to confirm their commitment to perform such services on the terms of the booking.

 

3.11.  Relations between the Partner, the Passenger and the Company

 

3.11.1.  Heliclub, being an authorized Partner’s broker, offers certain Partner’s Services to the Passengers through the Platform. For that purpose, when using the Platform, the Passenger enters into the arrangement with the Heliclub in order to obtain the Partner’s Services by means of buying a Heliclub certificate and providing payment, as set out in para 3.3. herein. The specific terms of Partner’s cooperation with Heliclub may be specified in a separate Partner’s agreement between the Company and the Partner.

 

3.11.2.  Unless otherwise set out in an Partner’s Service offer on the Platform, upon the Passenger’s payment for the Partner’s Services ordered, the Partner shall be bound to provide such services. The Partner receives all payments for the Partner’s Services from Heliclub according to the terms additionally specified in a Partner’s agreement.

 

3.11.3.  The Partner is solely responsible for the due provision of Partner’s Services, as well as for the safety of the Passengers (in particular, in part of choosing pilots, operating personnel, cabin staff, aircraft and proper equipment in accordance with applicable law and the highest standards and recommendations of ICAO as well as standards set out by the aviation authorities of the state of Partner’s registration or applicable destination).

 

3.11.4.  The Company’s obligations are limited to the maintenance and support of the Platform, promotion of the Partner’s services on the terms agreed and attracting potential customers for the Partner, as well as to provision of the related services and collection of payments for the sale of Heliclub certificates from the Passengers. The Company shall not be liable for non-performance or improper performance of obligations specifically related to air charter arrangement or any other arrangement taking place between the Passenger and the Partner, which do not directly involve Heliclub.

 

3.11.5.  Unless otherwise agreed between the Company and the Partner, the Company shall pay the Partner’s remuneration per each Partner’s Service provided to the Passenger not later than within 15 calendar days upon the date of Partner’s Service provision. The information regarding Partner’s Service provision is collected by the Company via the Platform from both the Partner and the Company.

 

3.12.  Rights and obligations of the Partner

 

3.12.1.  The Partner shall have the right to:

 

-        use the Platform to arrange and provide the Partner’s Services to the Passengers;

-        receive the remuneration from Heliclub for the Partner’s Services;

-        access at any time the Account and all the tools available for this type of Account;

-        address the Company with requests and advices with regard to the Service.

 

3.12.2.  The Partner is obliged to:

 

-        ensure the compliance with international standards and recommendations on flight operations (if applicable) in particular, with Annex 6 Part III to the Convention on International Civil Aviation (“International Operations – Helicopters”) and any and all applicable ICAO Standards and Recommended Practices while providing the Partner’s Services;

-        control all activity that occurs under the Account, to maintain the security and secrecy of the Account username and password at all times;

-        immediately provide at the Company’s request any other documents to identify the Partner or to certify the right and proper qualification of the Partner for the provision of the Provider’s Services, safety of the Helicopter, insurance etc.

 

3.13.  Rights and obligations of the Company

 

3.13.1.  The Company shall have the right to:

 

-        choose at its own discretion either to cooperate or not with the Partner, to accept or reject certain Users as the Partners;

-        request at any time all necessary information and documents which identify the Partner or certify the right and proper qualification of the Partner for the provision of the Partner’s Services, safety of the Helicopter, insurance etc.;

-        suspend or terminate the access to the Account in accordance with the Terms, in particular, if the Partner refuses to provide the requested documents and information.

 

3.13.2.  The Company shall be obliged to:

 

-        provide full and reasonably possible access to the Partner’s Account;

-        source the Partner with the Passengers ready to use its services as well as promote the Partner’s Services via the Platform;

-        pay the Partner remuneration for the Partner’s Services provided to the Passenger;

-        ensure proper functioning of the Service to the extent possible and reasonable;

-        answer to the Partner’s requests within reasonable period of time.

 

4.     Representations and Warranties of the Users

4.1.By accessing or using the Service, the User expressly represents and warrants that:

 

-        It is legally entitled to and have the right, authority and capacity to enter into this Agreement and to abide by the Terms. In particular, the User represents that it is at least 18 (eighteen) years old, but in any way not less than the applicable age of majority (legal adulthood) where the User is located; they comply with any additional age restrictions which might apply for the use of the specific Partner’s Services or the Platform. The Partner represents that it has the capacity (including all necessary documents required by applicable law) to provide the Partner’s Services;

 

-        the Passenger is neither a broker or professional buyer acting on behalf of an end client, either an individual or an entity, to charter a Helicopter, nor a travel agency, marketing agent, or any other person or entity that facilitates travel for independent third parties;

 

-        the Passenger does not use the Service other than for personal and non-commercial purposes;

 

-        the Users do not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Service or its components, or publish or otherwise make it available to others (except as part of the proper use or operation of the Service);

 

-        the User is either the sole and exclusive owner of all content they distribute through the Service or it has all rights, licenses, consents and releases necessary to grant the Company the license to such content; and neither the User’s content nor the submission, uploading, publishing or otherwise making available of such content nor the Company’s use of the User’s content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;

 

-        the User will not provide any content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company at its sole discretion, whether or not such material may be protected by law. The Company may, but is not obliged to review, monitor or remove content at any time and for any reason, without notice to the User;

 

-        it will use the Service for lawful purposes;

 

-        it will not impair or attempt to impair the proper operation of the network and/or harm the Service in any way whatsoever;

 

-        when using the Service, it will comply with the Terms and all applicable laws of its country of residence/registration, as well as the destination in which it is present while using the Service. The User will also comply with the law applicable to these Terms.

 

4.2.Any breach of the representations and warranties, as well as breach of any obligations hereunder, will give rise to immediate suspension of the User’s Account, and such User may be restricted from accessing any further Services.

 

5.     INTELLECTUAL PROPERTY RIGHTS

5.1.The Company (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights in and to the Service, all Content and any suggestions, ideas, enhancement requests, feedbacks, recommendations or other information provided by the User or any other party relating to the Service.

 

5.2.In order to avoid doubts, intellectual property rights include but are not limited to the following:

 

-        right to use the Content in all ways; exclusive right to let third parties use the Content and any derivative intellectual property created on their bases; exclusive right to prevent and/or prohibit illegal use of intellectual property by third parties; right to circulate the Content by first sale, alienation in other way, including rent and lease, by means of another transfer before the first sell of counterparts of the Content; right to provide access to any Content reproduced in any material form to unlimited range of people, including providing network access, access to Internet and in other ways; right to change, translate, adopt and in other way create derivative works based on or using the Content; right to create collective works by inserting or including the Content or derivative works created on the basis of the Content; right to copy, produce, sell, lease, transfer, assign, provide license and sub-license for the Content; right to apply applications for registration and to receive protective documents regarding copyrights, inventions, useful models, production prototypes, trademarks for goods and services and other types of intellectual property on the basis of the Content; right to import and export the Content; right to keep confidentiality with respect to any information related to the Content; right to advertise the Content in any form, by any means, via the Internet, radio, television, printed and other media, in other way; any other proprietary intellectual property rights that may be provided by law applicable to this Agreement, depending on the circumstances; and besides

 

-        all rights to databases in their full terms and conditions arising from the Regulations of the United Kingdom "The Copyright and Rights in Databases" as of 1997 and legislation of all jurisdictions in the European Union, which implemented Directive № 96/9/EU as of 11 March 1996 on the legal protection of databases;

 

-        all rights related to and arising out of new and useful inventions, discoveries, production prototypes, technologies, and works of art and all other patent objects, including all related improvements and know-how under the laws of any jurisdiction and all applications and the rights to submit applications for Patent Letters of the United States of America and all other countries, all Patent Letters obtained under these applications and all reissues, extensions, renewals, separated applications and re-applications (including for partial extension) in their full terms and conditions;

 

-        rights to all other intellectual and industrial property and proprietary rights throughout the world besides the aforementioned, including all techniques, methods, concepts and appearance.

 

5.3.All rights are reserved in relation to any registered and unregistered trademarks (whether owned by or licensed to Heliclub) which appear at the Platform.

 

5.4.The Company reserves all rights for the Content not expressly granted in the Agreement.

 

5.5.This Agreement is not a sale and does not convey to the User any rights of ownership in or related to the Service, or any intellectual property rights owned by the Company.

 

6.     LIABILITY

6.1.Heliclub shall not be liable to either the Passengers or the Partners unless the loss or damage incurred arises due to Company’s negligence. Heliclub shall not be liable for any fraudulent use of payment instruments by the Passenger. In such circumstances, no compensation or indemnity whatsoever shall be given by the Company to the Partner.

 

6.2.The Passenger acknowledges and confirms that Heliclub is not in any way responsible for the acts, omissions or defaults of the Partner or the failure of the Partner to perform its obligations contemplated hereunder and hereby waives any claims against Heliclub regarding the Partner’s acts, omissions or defaults, including but not limited to, technical failure of the aircraft resulting in cancellation or delay of the flight or any other accidents.

 

6.3.Heliclub shall be liable for the delay in payments of the Partner’s remuneration for the Partner’s Services provided to the Passenger, as mentioned

 

6.4.Heliclub shall not be liable to any User in the event that any information provided by the User which is incomplete, inaccurate, misleading or fraudulent.

 

6.5.Heliclub shall not be liable for:

 

6.5.1.     any loss or damage arising as a result of any inaccurate or incomplete information being provided by the User;

 

6.5.2.     cancellation of the booking by any party of an arrangement;

 

6.5.3.     failure of the Passenger to make a payment for the Partner’s Services;

 

6.5.4.     any fraud, fraudulent misrepresentation, breach of duty or breach of any of these Terms by either Party before, during or after the performance of Partner’s Services.

 

6.6.Nothing in this Agreement limits or excludes the Company’s liability for death or personal injury arising as a result of the Company’s negligence.

 

7.     SUSPENSION OR WITHDRAWAL OF ACCESS

7.1.In the event that any User fails to comply with any of these Terms, the Company reserves the right to withdraw the User’s Account and suspend or withdraw the access to all Information Services to that User without notice.

 

8.     LIMITATION OF LIABILITY

8.1.THE MATERIALS IN THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

8.2.THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

8.3.UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS IN THE SERVICE.

 

8.4.NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR GOODS PURCHASED FROM THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

 

9.     EVENTS BEYOND THE REASONABLE CONTROL (FORCE MAJEURE)

9.1.The Company shall not be responsible for any delay or failure to comply with the Terms if the delay or failure arises from any event, which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, wars, civil unrests, acts of terrorism or malicious damages to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.

 

10.  INDEMNIFICATION

10.1.  By entering into this Agreement and using the Service, the User agrees that they shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the User’s: (a) violation of the Terms or applicable laws; (b) violation of any rights of any third party, including the Partners, the Passengers or other Users arranged via the Service, or (c) use or misuse of the Service.

 

11.  FORM OF AGREEMENT AND RENEWAL

 

11.1.  To avoid any doubts, these Terms or any other implied arrangements between the Company and the Users are entered into only in electronic form (by means of electronic signature (either simple or advanced), by email, or otherwise as prescribed by these Terms). The parties hereto agree that when the Terms and/or other arrangement implied between the Company and the User is executed electronically, both the Company and the User hereby irrevocably consent to these Terms as well as terms of other arrangements being communicated, presented, and retained (wholly or partly) in electronic form.

 

11.2.  This Agreement may be renewed from by the Company from time to time by placing the updated versions to the Website under following link: www.heliclub.com/terms . All changes and amendments are effective and binding for the parties hereto as of the date indicated in the “Last amended” form above.

 

11.3.  The Users agree to check the Terms regularly in in order to be fully familiarized and aware of the amendments and changes hereto.

 

11.4. The Company may, but is not obliged to, inform the Users about changes to these Terms or related agreements and/or arrangements by any reasonable means of communication of its own choice (for instance, via email or placing of a special notice/window on the Website etc.)

 

12.  PRIVACY PRACTICES

 

12.1.  By logging in to the Service, the User hereby consents to the collection, storage, use and disclosure of their personal data in accordance with the applicable legislation.

 

12.2.  The relations of the Parties hereto specifically pertaining to privacy shall be governed by the Privacy Policy.

 

13.  MERCHANDISE

 

13.1.              The Company may sell via the Website its branded merchandise. The information on the merchandise products, their availability, terms of sale and delivery are available at: www.heliclub.com

13.2.              Unless otherwise specified at the Website, with regard to the merchandise products, the Company acts on its own behalf and is in no way agent or other representative of a third party and shall bear responsibilities as to the sale and delivery of such products.

 

14.  APPLICABLE LAW AND DISPUTE RESOLUTION

14.1.  These Terms shall be governed and interpreted pursuant to the laws of Scotland, notwithstanding the rules of conflict of laws.

 

14.2.  In case of any dispute arisen from or related to using of the Service, the User should first contact the Company and attempt to resolve the dispute by negotiations. If we are unable to resolve our dispute within 30 (thirty) days, the respective dispute shall be finally resolved either by the respective court at the place of Company’s registration.

 

15.  CONTACT INFORMATION

15.1.  Should the User have any questions concerning the Terms, the Privacy Policy or the Service, the User may contact us via email: support@heliclub.com.