Terms- & Conditions
The following terms and conditions govern the provision of services (the “Services”) by Heli Aviation Florida, LLC (“Heli Aviation”) a Florida Limited Liability Company based at 8191 N Tamiami Trail, Hangar B1, Sarasota, Florida 34243, United States.
Terms and Conditions
(a) Customer hereby subscribes to the Services selected by Customer, and to the prices and rates for such selected Services specified therein. These services include, flight training, aircraft charter, helicopter tours, aerial photography, commercial charter operations, etc. including all applicable fees such as fuel surcharges, late cancellation fees, training cancellation fees, instructor and pilot fees, application fees, deductibles on aircraft insurance policies, etc.
(b) Special provisions regarding flight training: Heli Aviation is NOT an FAA approved Part 141 flight training provider. Flight Training is conducted under Part 61 by independent subcontracted FAA certified flight instructors (“flight instructors”). The liability and responsibility of the students training and training progress is the one of the flight instructor providing that training. Heli Aviation is not liable for any intentional or unintentional actions of the flight instructor giving the training to the student. The flight instructor is also responsible to determine if the student is authorized to receive flight training in the United States. Any training endorsement given by a flight instructor is the responsibility of that flight instructor who has issued that endorsement.
(ii) Billing: Upon completion of the services and acceptance of these Terms, Customer will be billed before or after each flight at the rate specified on the current price lists, plus any applicable fees and taxes.
(iii) Payment: All training materials, logbooks, electronic flight bags, etc. provided by Heli Aviation during the course of training shall remain the property of Heli Aviation until payment for all training stages (incl. all associated fees, surcharges, cancellation-, late/no-show fees, etc.) has been received in full by the Customer. Customer agrees to pay all bills promptly and on time. By agreeing to these Terms, Customer authorizes Heli Aviation to charge Customer’s credit card and/or any credit cards that were added to Customer’s account, if any, the amount which is due on this day. Heli Aviation may also type credit card information in merchant’s provided credit card machine and it is not necessarily required to provide Heli Aviation with a customer signature as these Terms will be used as proof that customer accepted such charges. Failure to pay within 5 days after each written invoice during the Term will result in termination of Training and Services and a termination fee of $500 will be due immediately. Interest shall accrue at the rate of 9% per month on all amounts not paid within 5 days of the billing statement and processing charges will apply if a payment is declined ($80 per credit card decline, $145 per returned check or ACH, and $500 per credit card chargeback). If collection efforts are required, Customer shall be liable for all cost of collection, including reasonable attorney’s fees.
(iv) Governing Law; Attorneys Fees: The validity, construction and interpretation of this Agreement shall be governed by the internal laws of the State of Florida, excluding conflict of law’s provisions. Customer hereby consents to jurisdiction of the federal or state courts located in Sarasota County, Florida. If suit or action is instituted to enforce any of these Terms, the prevailing party shall be entitled to recover attorneys’ fees, and on appeal of such suit or action, in addition to all other sums provided by law.
(v) Changes to Terms: Heli Aviation reserves the right to change or update price lists and rates at renewal of the Term by providing at least ten (10) days advance notice to Customer prior to expiration of the then-current Term.
(vi) Release of Liability: I agree to release Heli Aviation and its subsidiaries, owners, officers, instructors and employees from any and all responsibility and liability of any nature whatsoever for loss or damage to property or for personal injuries which may be sustained during this flight or participation in any flight program conducted by Heli Aviation or authorized partnering Companies. It is also understood that participation in flying can involve risk and the customer acknowledges that he/she is willing to accept such risk by signing this document.
(vii) Miscellaneous: This Agreement represents the entire agreement between the parties on the subject matter hereof and supersedes all other discussions or agreement between them related thereto. No modification of, or waiver under, this Agreement will be effective unless in writing and signed by all parties. All notices hereunder shall be in writing and to the contact information provided by the parties. Notice shall be deemed to have been given (i) when received, if in writing and delivered personally or upon confirmed receipt of facsimile or email transmission, (ii) one (1) day following deposit with a recognized overnight delivery service or (iii) three (3) days following deposit via certified US mail. If any part of these Terms is unenforceable, the remainder of the Terms shall continue in full force and effect. Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfillment or performance of any terms or provisions of this Agreement are delayed or prevented by revolution or other civil disorders; wars; strikes; labor disputes; fires; floods; nuclear incident; acts of God; terrorism; government action; or, without limiting the foregoing, any other causes not within its control and which, by the exercise of reasonable diligence, it is unable to prevent. This clause shall not apply to the payment of any sums due under this Agreement by either party to the other. This agreement may not be assigned by Customer without prior written consent from Heli Aviation.
(viii) Refund-, Cancellation-, and No-Show Policy:
a) For Tours, Introductory Lessons & all Commercial Charter Flights: A 24-hour cancellation or change of flight notice is required for all helicopter tours, introductory lessons and commercial charter flights. If for any reason you decide to cancel or change your reservation, you must notify us 24-hours prior to the scheduled date/time and include the reason for cancellation. Sorry, cancellations or changes made within 24-hours of the a tour or introductory lesson, are not refundable and will be charged in full.
b) For Flight Training & Time Building: Heli Aviation may impose a $50 charge for instructor and $100 for aircraft for which the Customer no-show, cancel with insufficient advance notice, or arrive late. Heli Aviation considers adequate advance notice to be at least 24 hours before the lesson’s scheduled start time. If you are scheduled for a lesson or flight training event, and weather or maintenance becomes a factor, you are still expected to arrive on-time for training. The instructor will decide the appropriate course of action which may include substituting the planned lesson with another suitable to the conditions. Heli Aviation understands that extenuating circumstances do occur, and will allow exceptions to this policy at its sole discretion. Any time your account incurs a cancellation fee, payment must be received before any further training will be scheduled.
If you decide to cancel or change your reservation, please contact our office at (941) 355-1525 or via email at email@example.com. If you’ve paid via credit card, we require the credit card number used at the time of the reservation. Flights may be delayed or cancelled due to weather, maintenance issues or other unforcasted events. If, for any reason a flight was cancelled by Heli Aviation due to any of those reasons, your ticket or flight will be fully refunded or you may choose to re-schedule at a different time.
(ix) Cancellation Policy: In the event of a termination of a flight training-, time building or any other training related program, pursuant to the immediately preceding sentence, Customer shall pay Heli Aviation a Termination Fee of 50% (fifty-percent) based on the estimated total training costs as outlined on the training price list as current at the day of enrollment, or written estimate, but not less than $1,000.00 (one-thousand-and-no/100-dollars), which is a reasonable estimate of Heli Aviation likely damages as a result of Customer’s early termination of the Services and is not a penalty. Pre-paid Flight Training courses, Time Building-, and discounted packages are non-refundable.
(x) Accepted Payment Methods (additional Fees): Credit Card (Visa, Master Card, American Express, Discover). Check/Money Order, Cash or Wire Transfer. Your credit card will be charged in full or partial, when you place your order. If Heli Aviation is not able to fulfill your order for any reason, you will be refunded. NOTE: A non-refundable 3.25% fee is added to all Plastic Card Transactions (excl. American Express), and 4.0% on American Express. This merchant fee is NOT collected by Heli Aviation, and is a direct expense of our merchant provider. A bank service fee in the amount of $45 may apply to wire transfers.
Customer may terminate the Services at any time for any or no reason by providing written notice of termination to Heli Aviation. Customer will pay all amounts, due up to and including the expiration or termination date. Any and all rights associated with the number will be retained by Heli Aviation.
Heli Aviation Florida, LLC
Valid as of 01/01/2017