Resilient Pilot FlightPlan© : Terms and Conditions

© August 2020 Resilient Pilot Limited.
All rights are reserved. This document and the information contained within constitute property of Resilient
Pilot Limited and are confidential. This document and the information contained within shall not be disclosed,
reproduced or transferred in any way without the prior written consent of Resilient Pilot Limited.
Resilient Pilot Limited (RP)
Resilient Pilot FlightPlan© : Terms and Conditions


1 Introduction
1.1 These are the general terms and conditions (Terms) upon which Resilient Pilot
Limited provides its FlightPlan packages
1.2 References in these Terms to we, our, us, RP and Resilient Pilot are references
to Resilient Pilot Limited, a company registered in England and Wales with
company number 12757380 whose registered office is at Flat 16 Eldon Court,
Brondesbury Road, London, England. NW6 6AX
1.3 By submitting a FlightPlan Registration form to us for enrolment on a FlightPlan
package, you acknowledge and agree that these Terms will become legally
binding on you upon issuance by us of a signed FlightPlan Agreement which
confirms your training details
1.4 In the event of any conflicts or inconsistencies between these Terms and
Conditions and any other documents pertaining to your enrolment and
participation of a RP FlightPlan Package or any other service offering (as the
case may be) including any brochures, advertising material, descriptions on our
website and social media, these Terms and Conditions shall prevail.


2 Definitions
2.1 In these Terms:
ATO: Approved Training Organisation
CAA: the UK Civil Aviation Authority or any replacement or
successor body;
Detail: Individual simulator training session (usually a block
of 4 hours together)
EASA: the European Aviation Safety Agency or any
replacement or successor body;
© August 2020 Resilient Pilot Limited.
All rights are reserved. This document and the information contained within constitute property of Resilient
Pilot Limited and are confidential. This document and the information contained within shall not be disclosed,
reproduced or transferred in any way without the prior written consent of Resilient Pilot Limited.
FlightPlan: any Resilient Pilot FlightPlan licence refresher,
revalidation, renewal package, or other simulator
detail/s or classroom-based training course offered
and provided
FlightPlan Agreement Agreement document confirming FlightPlan booking
and terms
NAA National Aviation Authority – the relevant Authority
eg UKCAA, IAA, DGCA, DCAA etc
Pilot: person making a FlightPlan booking/enrolling upon
FlightPlan
Premises: the location in which the FlightPlan package is
delivered; this may be at the premises of a Resilient
Pilot-approved ATO, or otherwise
2.2 In these Terms:
2.2.1 words importing the singular shall include the plural and vice versa,
words importing a gender shall include all genders, and words
importing persons shall include bodies corporate, unincorporated
associations and partnerships;
2.2.2 any reference to a statute, statutory provision or subordinate
legislation is a reference to such legislation as amended and in force
from time to time and to any legislation which re-enacts or consolidates
(with or without modification) any such legislation;
2.2.3 any phrase introduced by the terms including, include, in particular or
any similar expression shall be construed as illustrative and shall not
limit the sense of the words preceding those terms; and
2.2.4 headings are included for ease of reference only and shall not affect the
interpretation or construction of these terms and conditions.


3 General RP FlightPlan Terms
3.1 The provision of clauses 3 and 4 of the Terms shall apply to Pilots on any and all
FlightPlans.
3.2 In order to be eligible to enrol on the FlightPlan you must meet all minimum
entry requirements for the relevant FlightPlan, including those specified by the
appropriate NAA. On applying for admission to a FlightPlan, you warrant and
represent to us that you satisfy all the specified FlightPlan requirements and
can provide appropriate evidence of this on request from us.
3.3 If at any time any document you supply to us in connection with your admission
onto a FlightPlan or otherwise (including passports, visas, medical certificates,
existing licences or ratings) is found to be or, in the reasonable opinion of
Resilient Pilot or the relevant ATO and its representatives, is thought to be,
false or forged, Resilient Pilot or the ATO may (i) immediately suspend or cancel
the FlightPlan without any refund in respect of the fees you have paid or the
costs you have incurred to attend (eg HOTAC); and (ii) inform the CAA and any
other relevant authority including the police about the forged or false
document.
3.4 You acknowledge and agree that we will retain the details of all FlightPlan Pilots
and shall be at liberty to disclose any and all such information to the police,
immigration and other relevant authorities including the CAA.
3.5 If for any reason you fail to attend any of your FlightPlan slots you may be
required to make up the missed hours before you can complete the FlightPlan.
You acknowledge and agree that you shall be responsible for any additional
costs reasonably incurred by us as a result. All rescheduled details will be
charged at the relevant ATO’s hourly rates in force at the time of the rearranged
slot and RP may apply an administration fee to cover incurred costs.
3.6 Where successful completion of a FlightPlan requires the Pilot to undertake a
regulatory body examination, entry to the examination will be at the Pilot’s own
cost and is outside of the FlightPlan arrangement. The Pilot will also be liable to
any NAA licence application fees applicable to the training undertaken.
3.7 Pilot FlightPlan training records, assessments and results are recorded and may
be held by us on electronic and hard copy file for up to a maximum of 7 years in
accordance with our Privacy and Confidetiality Policy. Should you fail any
FlightPlan checks, you remain liable for the FlightPlan fee and your ancillary
costs incurred. Should you opt to retake the FlightPlan or test, you will be liable
for the fees and Regulatory costs incurred.
3.8 The successful completion of RP FlightPlan requires certain skills, aptitude,
motivation, diligence and capacity to accept instruction on your part which
cannot be evaluated in advance. Accordingly, you acknowledge and agree that
3.8.1 your ability to successfully complete the FlightPlan or any part thereof,
to the required level of competence, either at all or within a specified
period of time; or
3.8.2 the time necessary to obtain or retain one or more particular ratings, a
given number of flight hours or to successfully complete written tests
and flight tests.
3.8.3 Any extra costs incurred due to extra training been required to
complete the FlightPlan, will be solely at the individual pilot’s expense
and this will be determined on a case by case basis.
3.9 You acknowledge that any published completion time for the FlightPlan is based
on average Pilot performance and is not in any way to be relied upon by you.
3.10 Resilient Pilot Limited cannot and does not guarantee employment to any Pilot
upon successful completion of a FlightPlan. Whilst we may, at our discretion
provide you with reasonable assistance to attain your goals where appropriate
for us to do so, Resilient Pilot Limited will have no liability to you in connection
with your employment status at any time following completion of a FlightPlan.
3.11 A signed and dated FlightPlan Agreement with deposit paid, will confirm thefollowing:


3.11.1 Your FlightPlan details
3.11.2 Approved Training Organisation (ATO) details and address
3.11.3 Start date, times and duration
3.11.4 Confirmed fee, deposit received and balance payment terms
3.11.5 Details of your cooling-off period (where applicable). Refer to Item 4.5.
3.12 Where you are unable to book ‘as a pair’ to keep costs to a minimum, RP will
seek to ‘pair’ you with another pilot requiring the same training package.
However, this may not always be possible. If this is not possible, RP will
endeavour to provide a suitably qualified stand-in. However, additional costs
may be incurred and Resilient Pilot will agree these with the Pilot prior to
issuing a FlightPlan Agreement. Depending on the specific FlightPlan package, it
will not normally be possible to deliver the FlightPlan until a pairing is found.
3.13 RP and their partner ATO reserve the right, at any time to vary the content or
alter any FlightPlan design, for example in line with any change in Regulatory
requirements, provided that such a variation does not in itself prevent you from
attaining the required Regulatory standard (where applicable).
3.14 RP and/or their partner ATO will provide training materials (see clause 3.18),
practical training, instructors/examiners and simulators/aircraft as appropriate
to the design of the FlightPlan package. FP has no further responsibility and
gives no guarantee that you will achieve the required Regulatory standard.
3.15 Certain FlightPlan packages are subject to minimum eligibility requirements
which are set in writing by either: RP, their partner ATO, the appropriate
Regulatory authorities or others. RP will liaise with you prior to confirming your
booking to establish whether you meet these requirements but cannot be held
responsible if it later transpires you did not meet the Regulatory requirements.
Once booked and outside the cooling-off period, you will forfeit your deposit if
you either cancel your booking or you attend for your FlightPlan package on the
course start date without these pre-entry requirements being met.
3.16 RP reserves the right to refuse to accept a booking (in compliance with UK
Equality Act 2010) onto any FlightPlan.
3.17 The Pilot will be required to have access to an iPad Generation 2 or higher
specification tablet device for the duration of their FlightPlan. Should the Pilot not be
able to access such a device, they should advise Resilient Pilot via
RPFlightPlan@resilientpilot.com no less than 5 working days prior to their FlightPlan
commencement date. Resilient Pilot will endeavour to provide access to an ipad,
which may incur additional cost or a deposit to be lodged, that the Pilot will be
required to pay prior to commencing their FlightPlan. Resilient Pilot makes no
guarantees that an iPad can be made available.


4 Fees, Changes and Cancellations
4.1 FlightPlan fees for Pilots enrolling on a FlightPlan will be as set out in the
published details for that FlightPlan at the time of enrolment.
4.1.1 you acknowledge and understand that any booking may have to be
changed due to operational reasons
4.1.2 Changes or cancellations must be requested by e-mail
to RPFlightPlan@ResilientPilot.com
4.2 The Pilot acknowledges and understands that their FlightPlan schedule may be varied
by us on very short notice due to factors outside of our control including but not
limited to examiner/instructor sickness, regulatory requirements and urgent simulator maintenance.
4.3 A deposit of 50% of the FlightPlan fee must be paid at the time of booking to confirm
the details of the FlightPlan booking. The balance of the fee due must be paid no less
than 30 days prior to the commencement date of the FlightPlan. Failure to comply
with these payment terms may result in the booking dates having to be altered and/or
a loss of any deposit/s paid.
4.4 The prices for all FlightPlan packages can be found here
https://www.resilientpilot.com/services
4.5 Any changes to a FlightPlan requested by the Pilot booking cannot be
guaranteed and may result in a change fee and/or loss of any fees already paid.
4.6 If a FlightPlan booking has to be cancelled or rescheduled by Resilient Pilot or
the ATO for whatever reason, Resilient Pilot Limited will not be liable for any
additional expenses incurred by the Pilot in connection with the booking.
4.7 If a Pilot wishes to cancel or re-schedule their FlightPlan start date after a start
date has been confirmed, a change fee of 10% of the total fee payable shall be
payable by the Pilot to Resilient Pilot. Changes requested within 14 days of the
original scheduled change date may not be able to be accommodated and will
constitute a cancellation triggering a cancellation fee of 100% of the FlightPlan
fee paid (unless there are exceptional circumstances which will be determined
at the sole discretion of Resilient Pilot Limited). For all re-scheduled FlightPlans,
the fees charged will be those in force at the time of the new start date.
4.7.1 Cancellations made after a FlightPlan has been confirmed, but more
than 30 days prior to the start date will attract a 50% cancellation fee.
4.7.2 Cancellations made after a FlightPlan has been confirmed, but less than
30 days prior to the start date will attract a 100% cancellation fee.
4.7.3 RP will, wherever possible, endeavour to ‘resell’ the FlightPlan package
to facilitate a partial/full refund. However, this may not always prove
possible and the cancellation terms will apply.
4.7.4 RP will, wherever possible, endeavour to negotiate a revised start date
to avoid cancellation fees. However, this may not always prove possible
and the cancellation terms will apply.
4.8 If a Pilot does not attend or wishes to re-schedule a training detail within their
FlightPlan timetable once their FlightPlan has commenced, a cancellation fee
for that training detail may be charged (unless there are exceptional
circumstances which will be determined at the sole discretion of Resilient Pilot Limited).
4.9 Fees for any additional training will be charged by Resilient Pilot at a rate
agreed between the parties at the time the additional training is provided. The
Pilot shall pay to RP all additional fees (where applicable) which result from any
requested extension of/change to a Flightplan by you or where the ATO
requires it to achieve competency (where applicable). Additional fees are
payable prior to the commencement of any additional FlightPlan training or checking
requirements. Resilient Pilot or its representative at the ATO will discuss any
additional fees with you prior to commencement.
4.10 The Pilot is responsible for any personal insurances to cover FlightPlan fees and
related costs (eg HOTAC) and indemnify Resilient Pilot of any liability should
you need to cancel for any reason.
4.11 Resilient Pilot or the supplying ATO may have to postpone or suspend a
FlightPlan due to technical problems relating to a simulator, training device or
aircraft; or due to any regulatory or operational reasons. Resilient Pilot will
endeavour to contact Pilots in advance in such circumstances, but this may not
always be possible. Postponement or suspension of a FlightPlan booking shall
not alter your payment obligations in relation to that FlightPlan or give rise to
any obligation on us to refund any amounts already paid by you in connection
with that Course, or any third-party charges (e.g. your HOTAC costs). Resilient
Pilot will endeavour to re-arrange the FlightPlan at a date suited to all parties.
4.12 If Resilient Pilot is required to certify to any bank or financial institution
(including for the purpose of this paragraph any Body issuing public funds by
way of a grant or similar scheme) that training is being undertaken for the
purposes of obtaining a loan or grant for their training, Resilient Pilot shall
retain details of the bank or financial institution concerned. Should the Pilot
cease training for any reason whatsoever (including termination of the
FlightPlan by Resilient Pilot or the ATO), Resilient Pilot has the right to advise
any bank or financial institution of the termination of training as appropriate.
4.13 Fees that have been paid to Resilient Pilot are non-refundable once the relevant
FlightPlan has commenced. Should the Pilot leave the FlightPlan for any reason
they will have no entitlement to any refund, whether partial or otherwise.
4.14 FlightPlan fees include applicable VAT at the prevailing rate and are correct at
the time of publishing. If an ATO introduces a fee change, RP may either
increase or reduce the fee for any package without notice. Resilient Pilot will
advise the current fee before confirming any booking with a signed Flight Plan
Agreement. All fees are due in full 30 days prior to the confirmed FlightPlan start date.
4.15 Cooling Off Period: Providing a FlightPlan booking is made more than 45 days in
advance of the start date, the Pilot has 14 calendar days after confirming a booking in
writing to change their mind and cancel the booking without charge. All cancellations
must be made in writing by email to RPFlightplan@resilientpilot.com and you must
ensure you have received a confirmation reply from RP. Any deposit paid is fully
refundable during the cooling-off period. However, if a booking is cancelled once the
cooling-off period has expired or within 30 days of the confirmed start date, the
deposit will be forfeited as a cancellation charge unless Resilient Pilot is able to re-sell
the FlightPlan which we will make every endeavour to do.
4.16 Charges for personnel licensing and testing are set by the UK CAA/EASA and are
revised each calendar year. RP has no control over these charges and any increase in
charges which may become applicable to a FlightPlan fee will be passed on to you as they become due.


5 Personal Conduct
5.1 The Pilot is required to adhere to a ‘smart casual’ dress code to comply with ATO
requirements. (as set out in the admission document) and shall at all times whilst on
the Premises maintain a high standard of dress and appearance in keeping with the
profession.
5.2 The Pilot is required to conduct themselves in a professional and polite manner at all
times whilst on the Premises. The Pilot will be held responsible and liable for any
damage to or loss of Resilient Pilot’s, the ATO’s or any third party’s property caused by
you.
5.3 Physical violence or the threat of violence (whether physical, verbal or otherwise),
bullying or harrassment against any person whilst undertaking training at the Premises
will result in instant termination of the FlightPlan and no refund of fees will be made.
5.4 The Pilot is required to comply with the Premises’ requirements with regard to the use
of mobile (cell) phones, parking, the consumption of alcohol and illegal drugs, smoking
and the consumption of food and drink.
5.5 Resilient Pilot Limited and its appointed representatives at the ATO reserve the right
to refuse to allow a Pilot to complete a FlightPlan detail/s if, in our reasonable opinion,
the Pilot is unfit to do so whether as a result of the consumption of alcohol and/or
drugs, illness or for any other reason.
5.6 Pilots shall indemnify Resilient Pilot Limited in full against all costs, damages, expenses
and losses, including any interest, fines, legal and other professional fees and
expenses awarded or incurred or paid by Resilient Pilot as a result of or in connection
with any claim brought against Resilient Pilot Limited for actual or alleged damage to
any third party property or equipment, including any simulator or training device
caused by the Pilot (as applicable).
5.7 Any non-compliance to the elements of clause 5 may result in Resilient Pilot or the
ATO refusing to provide services to the Pilot and the Pilot being held responsible for
FlightPlan package fees incurred and any reasonable resultant additional costs.
5.8 The provision of any FlightPlan package by RP and their partner ATO may be
terminated at any time if, in the opinion of RP or the partner ATO, the Pilot’s personal
conduct is inappropriate, the Pilot represents an unacceptable safety hazard or is
otherwise unsuited to the FlightPlan package or to piloting an aircraft or simulator.

 

6 Variation
6.1 Resilient Pilot reserves the right to amend these Terms and Conditions at any
time and will endeavour to provide notification of such changes on Resilient
Pilot’s website, http://www.resilientpilot.com
6.2 No employee, mentor, agent, or other representative of Resilient Pilot or any
ATOs or collaborative partners has authority to verbally modify or waive any of
its terms. Any modifications to, or waiver of, these Terms will be invalid unless
they are in writing and signed by the Directors of Resilient Pilot Limited.

 

7 Liability and Indemnity
7.1 Nothing in these Terms shall limit or exclude either party’s liability for:
7.1.1 death or personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors;
7.1.2 fraud or fraudulent misrepresentation; or
7.1.3 any other liability which cannot be excluded or limited by law.
7.2 Subject to clause 7.1:
7.2.1 Resilient Pilot shall under no circumstances whatsoever be liable to any
Pilot whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, for any loss of profit, or any indirect or
consequential loss arising under or in connection with these Terms and Conditions; and
7.2.2 Resilient Pilot’s total aggregate liability to a Pilot in respect of all other
losses arising under or in connection with these Terms and Conditions,
any FlightPlan or service provided by Resilient Pilot whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, shall
in no circumstances exceed the value of fees paid by the Pilot
7.2.3 You hereby indemnify us and undertake to keep us indemnified against
any losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute on the advice of our legal advisers)
incurred or suffered by us arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that
you have breached any provision of these terms and conditions.

 

8 Entire Agreement
8.1 These Terms and Conditions together with our privacy and confidentiality
policy, website terms and conditions and general disclaimer and FlightPlan
Agreements documents constitute the entire agreement between Resilient Pilot
and the Pilot and supersede all and any previous agreements in relation to the
use of our website and/or participation on a FlightPlan.

 

9 Dispute Resolution
9.1 We welcome feedback on all of our support services. Please share any feedback
verbally with your mentor or instructor, or via email to info@resilientpilot.com. From
time to time we will also send feedback questionnaires in order to collect feedback
with a view to further improving our support services.
9.2 If you have any reason to make a complaint regarding either the quality of training
or the standard of customer care delivered either by Resilient Pilot or our
representatives, please notify your instructor or mentor immediately to allow Resilient
Pilot the opportunity to remedy accordingly. You should firstly discuss the
complaint with the relevant instructor or mentor. If the complaint cannot be
resolved, then the matter will be referred to the Resilient Pilot FlightPlan
Specialist Mentor team. If you are still unsatisfied with the response, then the
matter will be referred to the Directors of Resilient Pilot Limited.
9.3 If you have any reason to make a complaint about the general service you have
received, and your complaint cannot be resolved at the time, then full details of
the complaint should be sent to the Directors of Resilient Pilot Limited at the
address detailed in clause 1.2 above or by email to info@resilientpilot.com

 

10 Termination
10.1 Without affecting any other right or remedy available to it (including any right
to terminate a Pilot’s attendance on a FlightPlan which is set out elsewhere in
these Terms and Conditions), Resilient Pilot reserves the right to terminate the
Pilot’s enrolment should the Pilot violate any or all of these Terms and that
Pilot will not be entitled to any refund of Course fees or other monies paid to Resilient Pilot Limited.
10.2 Enrolment may be terminated by Resilient Pilot, if it at its sole discretion
considers the Pilot’s competencies, aptitude or character unsuitable for furthertraining or if the Pilot:
10.2.1 fails to make themselves available for scheduled details without goodreason;
10.2.2 demonstrates unsatisfactory progress due to failure in applyinghim/herself;
10.2.3 does not complete study assignments;
10.2.4 is tardy or absent;
10.2.5 displays improper or irresponsible behaviour;
10.2.6 is in any way incapacitated or unable to maintain a medical certificate;
or
10.2.7 displays any difficulties with communicating in English with Resilient Pilot representatives
10.3 Where a Pilot’s enrolment is terminated in accordance with this clause 10.2 and
the Pilot’s FlightPlan fees have been paid in full, the Pilot will not be entitled toany refund whether partial or otherwise.

11 Data Protection
11.1 See our Privacy and Confidentiality Policy

 

12 Trademarks & Copyright
12.1 The trademarks and copyrights of Resilient Pilot are, and not limited to: Resilient Pilot
Limited, Resilient Pilot FlightPlan and any other trademarks registered from time to
time. Images, illustrations, diagrams and photographs used in Resilient Pilot
marketing and other materials are protected by copyright. Resilient Pilot trademarks
and copyright materials may not be used in any form without prior permission from Resilient Pilot.

 

13 Force Majeure
13.1 Resilient Pilot shall not be liable for any failure or delay in providing a FlightPlan
package, which is caused by circumstances beyond its reasonable control.

 

14 Miscellaneous Provisions
14.1 If a court or any other competent authority finds that any provision of these Terms
and Conditions (or part of any provision) is invalid, illegal or unenforceable, that
provision or part-provision shall, to the extent required, be deemed deleted, and the
validity and enforceability of the other provisions of these Terms shall not be affected.
14.2 A waiver of any right under these Terms and Conditions is only effective if it is in
writing and shall not be deemed to be a waiver of any subsequent breach or default.
No failure or delay by us in exercising any right or remedy under these Terms or by law
shall constitute a waiver of that or any other right or remedy, nor preclude or restrict
its further exercise. No single or partial exercise of such right or remedy shall preclude
or restrict the further exercise of that or any other right or remedy.
14.3 No third party shall have any rights under or in connection with these Terms by virtue
of the Contracts (Rights of Third Parties) Act 1999.

 

15 Governing Law and Jurisdiction
15.1 These Terms and Conditions, and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual disputes or
claims), shall be governed by, and construed in accordance with, English law.
15.2 Subject to clause 15.3, we and you irrevocably agree that any dispute or claim arising
out of or in connection with these Terms and Conditions, their subject matter or
formation (including without limitation any non-contractual dispute or claim) will be
subject to the exclusive jurisdiction of the English courts.
15.3 If you fail to pay us on time for any monies due to us under these Terms and
Conditions then you acknowledge and agree that we may bring a claim against you for
non-payment in any jurisdiction in which you or your assets are located.
15.4 Without prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, we may take such action as we deem
appropriate to deal with the breach, including bringing court proceedings against you.
15.5 We may transfer, sub-contract or otherwise deal with our rights and/or obligations
under these terms and conditions without notifying you or obtaining your consent.
15.6 You may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
15.7 If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect.
15.8 These terms and conditions are for the benefit of the Pilot and Resilient Pilot and are
not intended to benefit any third party or be enforceable by any third party. The
exercise of our and your rights in relation to these terms and conditions is not subject
to the consent of any third party.

 

16 Registrations and authorisations
16.1 Our VAT number is 62PX 6EHJ PKHE 4WR

 

17 Contact
17.1 All members of the Resilient Pilot team are contactable via email
info@resilientpilot.com

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