Unless inconsistent with the context, in these terms:
2. Effect of terms
2.1 Unless otherwise agreed in writing by Aviatours these terms supersede all previous terms and conditions and shall override any alternative conditions contained in any invoice or stipulated or referred to by the client.
2.2 No variation of this agreement shall be effective unless made in writing and signed by a duly authorised director of Aviatours and the client.
The client shall pay to Aviatours the booking cost in full before the course is made available to the client.
4. Client cancellations and transfers
4.1 Course bookings, once made, cannot be cancelled or transferred under any circumstances.
4.2 A Christmas voucher full course place will be allocated to the first available course at the venue of choice stipulated at time of booking. Only with regard to Christmas vouchers, Aviatours will provide a full refund (less £25 cancellation fee) if notification of cancellation is received before 5pm on 4th January. Thereafter 4.1 will apply.
Aviatours only obligation shall be to provide the course on a date to be agreed with the client. If a course is cancelled or postponed by Aviatours, then Aviatours shall use its reasonable endeavours to offer the course on an alternative date or shall make a full refund of the booking cost to the client, less a £25 administration charge.
6.1 The client acknowledges that, except in circumstances where any injury to the client is caused by the negligence of Aviatours or its employees, Aviatours shall not be liable for (and hereby excludes) any loss, damage or injury caused to the client during the programme including, without limitation, any economic loss, consequential loss, loss of profit, special loss or damage howsoever arising.
6.2 Aviatours is the sole provider of the course and not British Airways and said company has no liability or involvement in respect thereof.
7. No guarantee
Aviatours shall use its reasonable endeavours to help the client to overcome a fear of flying by use of the course but in no way guarantees the success of the course and no refund of the booking cost shall be made if the client believes that the course has not been successful.
Aviatours reserves the right, in its absolute discretion, to ask any client to leave any Aviatours event. Aviatours decision to remove any such person shall be final and Aviatours shall not (notwithstanding anything contained in this agreement) compensate any person in any way in respect of such removal. The client hereby undertakes to comply with all lawful instructions of Aviatours through the booking period.
9. Force Majeure
If Aviatours shall be prevented from performing any obligation to the client or from complying with instructions of the client by circumstances outside the reasonable control of Aviatours, it shall be at its option either entitled to comply with those obligations or instructions as and when it is reasonably able to do so or to treat itself wholly or partly released from all obligations so prevented and will not be under liability to the client for any failure to perform those obligations and instructions.
The Civil Aviation Authority has granted Aviatours an exemption under the civil aviation (Air Travel Organisers' Licensing) regulations. Therefore payments for this course are not ATOL protected. However Aviatours have ensured that payment for each course is guaranteed.
11. Governing law
This agreement shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
12. Data Protection
Personal contact details provided are only to be used in order to communicate information about the course. Having completed the course, and as agreed by the ICO (formerly The Data Protection Agency), client details will be passed to British Airways solely in order to provide further support on board, should the client choose to fly with British Airways in the future.
Insurance is no longer available through Aviatours. Should insurance be required it should be arranged privately by the client.
14. Children and Teenagers Course Policy
Children and teenagers aged 11 to 16 MUST be booked onto the Teenagers Course. Teenagers aged 17 may book onto the Teenagers Course, but may also book onto the main Primary course if they so wish, but must be accompanied by a responsible adult also booked onto the full course. Teenagers 18 and 19 must book onto the main Primary course and may attend unaccompanied.