Resilient Pilot : Terms and Conditions

Resilient Pilot: Terms and Conditions


© June 2021 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.
 


1 Introduction
1.1       These are the general terms and conditions (Terms) upon which Resilient Pilot Limited ‘Resilient Crew Room’ membership and ‘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, or signing up to Resilient Pilot’s free or paid membership through ‘Resilient Crew Room’, you acknowledge and agree that these Terms will become legally binding on you either –

1.3.1     upon issuance by RP of a signed FlightPlan Agreement which confirms your training details, or
1.3.2     when signing up to Resilient Crew Room membership

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, the Resilient Crew Room, 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:

 

Agreement:       Agreement document confirming Resilient Crew Room membership, or confirmation of FlightPlan booking and 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 2, 3 or 4 hours

together)

CM:                  Pilot or Crew Member - person making a FlightPlan booking/enrolling upon FlightPlan or enrolling as a Resilient Crew Room member

EASA:               the European Aviation Safety Agency or any replacement or successor body;

DWP:                United Kingdom Government Department of Work and Pensions;

FlightPlan:        any Resilient Pilot FlightPlan licence refresher, revalidation, renewal package, or other simulator detail/s or classroom-based training course offered and provided
FlightPlan

Member:           Enrolled Resilient Crew Room Member (paid and unpaid membership)

NAA:                National Aviation Authority: The relevant Authority eg UKCAA, IAA, DGCA, DCAA etc.;

Plus:                 Refers to the paid Resilient Crew Room membership tiers for pilots and cabin crew

Premises:         the location in which the FlightPlan or other RP package is delivered; this may be at the premises of a RP-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 RP FlightPlan: General Terms
3.1       Users of RP’s FlightPlan must be a minimum of 18 years of age. Signing a FlightPlan Agreement implies a CM is at least 18 years old and RP cannot be held responsible should this turn out to not be the case.
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 RP or the relevant ATO and its representatives, is thought to be, false or forged, RP or the ATO may –

  1. 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

  2. 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 CMs 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 CM to undertake a regulatory body examination, entry to the examination will be at the CM’s own cost and is outside of the FlightPlan arrangement.
The CM will also be liable to any NAA licence application fees applicable to the training undertaken.
3.7       CM 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 Confidentiality 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 licence-related and Regulated activities 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 CM’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 CM performance and is not in any way to be relied upon by you.
3.10      RP cannot and does not guarantee employment to any CM 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 the following:

 

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 CM 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 RP will agree these with the CM 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. RP 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 CM may be required to have access to an iPad Generation 2 or higher
specification tablet device for the duration of their FlightPlan. Should the CM not be
able to access such a device, they should advise RP via RPFlightPlan@resilientpilot.com no less than 5 working days prior to their FlightPlan commencement date. In such circumstances and where required, RP will endeavour to provide access to an ipad, which may incur additional cost or a deposit to be lodged, that the CM will be required to pay prior to commencing their FlightPlan. RP makes no guarantees that an iPad can be made available.


4 RP FlightPlan: Fees, Changes and Cancellations

RP is a volunteer-run, not-for-profit organisation and therefore the following terms are strictly applied:
4.1       FlightPlan fees for CMs 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 taking into account the timeframes outlined in clause 4

4.1.3     The CM should not assume the cancellation notice has been actioned until an acknowledgement and confirmation of the requested change has been received by them

 

4.2       The CM acknowledges and understands that their FlightPlan schedule may be varied by RP at very short notice due to factors outside of RP’s 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       FlightPlan package fees vary according to individual requirement. For details on prices, please contact RPFlightPlan@resilientpilot.com
4.5       Any changes to a FlightPlan requested by the CM 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 RP or the ATO for whatever reason, RP will not be liable for any additional expenses incurred by the CM in connection with the booking.
4.7       If a CM 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 RP. 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 RP). 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 CM 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 RP).
4.9       Fees for any additional training will be charged by RP at a rate agreed between the parties at the time the additional training is provided. The CM shall pay to RP all additional fees (where applicable) which result from any requested extension of/change to a Flightplan by the CM, 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. RP or its representative at the ATO will discuss any additional fees with you prior to commencement.
4.10      The CM is responsible for any personal insurances to cover FlightPlan fees and
related costs (eg HOTAC) and indemnify RP of any liability should the CM need to cancel for any reason.
4.11      RP 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. RP will endeavour to contact CMs 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 FlightPlan package, or any third-party charges (e.g. your HOTAC costs). RP will endeavour to re-arrange the FlightPlan at a date suited to all parties.
4.12      If RP 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, RP shall retain details of the bank or financial institution concerned. Should the CM cease training for any reason whatsoever (including termination of the
FlightPlan by RP or the ATO), RP 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 RP are non-refundable once the relevant FlightPlan has commenced. Should the CM 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. RP 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 CM 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 the CM must ensure they 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 RP is able to re-sell the FlightPlan which RP 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.

4.17      For any FlightPlan packages booked through the DWP, specific DWP terms and conditions are applicable and can be found https://www.gov.uk/government/publications/low-value-provision-lvp-online-application-and-guidance/low-value-provision-terms-and-conditions

 

4.17.1   If the FlightPlan package is requested by the DWP on the CM’s behalf and then subsequently cancelled and RP is unable to re-sell the service, RP will require:

4.17.1.1            Full Payment for the booked training if cancelled within 30 days of the training due to start.

4.17.1.2            50% Payment for the booked training if cancelled between 31 and 45 days before the training was due to start.

4.17.1.3            £75 (+VAT) administration charge if the quote is won and then subsequently cancelled by the Client or the DWP directly more than 45 days of the training start date.

 


5 Personal Conduct

Applicable for CMs attended on site, face to face training at RP’s Premises or the Premises of their partner ATOs:
5.1       The CM 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 CM is required to conduct themselves in a professional and polite manner at all times whilst on the Premises. The CM will be held responsible and liable for any damage to or loss of RP’s, the ATO’s or any third party’s property caused by the CM.
5.3       Physical violence or the threat of violence (whether physical, verbal or otherwise),
bullying or harassment 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       RP and its appointed representatives at the ATO reserve the right to refuse to allow a CM to complete a FlightPlan detail/s if, in their reasonable opinion, the CM 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       CMs shall indemnify RP 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 RP as a result of, or in connection with, any claim brought against RP for actual or alleged damage to any third party property or equipment, including any simulator or training device caused by the CM (as applicable).
5.7       Any non-compliance to the elements of clause 5 may result in RP or the ATO refusing to provide services to the CM and the CM 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 CM’s personal
conduct is inappropriate, the CM represents an unacceptable safety hazard or is
otherwise unsuited to the FlightPlan package, or to piloting an aircraft or simulator; or to operating as cabin crew on board.

 

6 Resilient Crew Room: General Terms and Conditions

6.1        Resilient Crew Room members must be age 13 (or equivalent minimum age in your Home Country) to create a Resilient Crew Room profile and use RP’s Services (See clause 3.1 for the exception to this for use of RP’s FlightPlan licensing solutions services).

6.1.2     Members under the age of 18 should ask a parent or guardian to read these terms and conditions and agree their membership prior to signing up.

6.2        A member has the option of free or subscription membership to the Resilient Crew Room, either of which is referred to as a “Transaction". Each Transaction is an electronic agreement between you and RP.

6.3        RP will charge your selected payment method (such as your credit card, debit card, gift card/code or other method available in your Home Country) for any paid Transactions, including any applicable taxes.

6.4        If RP cannot charge the selected payment method for any reason (such as expiration or insufficient funds), the member remains responsible for any uncollected amounts, and RP will attempt to charge the payment method again as the member may update their payment method information.

6.5        The member agrees to receipt of all acknowledgements (including changes to terms, payment reminders and payment receipts) in an electronic format, which may include email.

6.6        Subscription fees and membership benefits may change at any time, but RP will communicate any changes in advance allowing the member the option to opt out.

6.7        If technical problems prevent or unreasonably delay delivery of services, RP will remedy within a reasonable time frame. If this is not possible or is reasonably unsatisfactory to the member, RP may agree to a refund or partial refund of that month’s subscription.

6.7.1     RP may refuse a refund request if we find evidence of fraud, refund abuse or other manipulative behaviour that entitles RP to a corresponding counterclaim.

6.8        Cooling off period: If you choose to cancel your membership, you may do so within 14 days of when you received initial confirmation of your membership, without giving any reason.

6.8.1     To cancel a subscription, the Member must email RP at info@resilientpilot.com. The user should not assume a cancellation request has been actioned until they receive acknowledgement from RP.

6.8.2     RP will reimburse the member no later than 14 days from the day the cancellation notice is received. RP will use the same means of payment as used for the transaction, and you will not incur any fees for such reimbursement. This reimbursement only applies if a membership is cancelled within the 14-day ‘cooling off’ period upon first joining the Resilient Crew Room.

6.9       Opting out: A member on the free membership tier may unsubscribe at any time by emailing

Info@resilientpilot.com. Unsubscribing to the free membership will mean a member will no longer be eligible for the RP member benefits.

6.9.1     A ‘Plus’ member may opt out of monthly subscriptions for paid membership tiers at any time by emailing info@resilientpilot.com. RP will require a minimum of 14 days’ notice prior to the next due instalment date to ensure the membership is cancelled in time. Failure to give the required notice will mean the next subscription may still be drawn down, but no further subscription payments will be taken unless the member reinstates their ‘Plus’ membership through the website. Cancelling monthly subscriptions will result in the member’s ‘Plus’ membership reverting to the free membership status.

 

6.10      Using RP Services and accessing your membership profile requires the use of a password. The member is responsible for maintaining its confidentiality and security. RP is not responsible for any losses or impact arising from the unauthorised use of your profile. Please contact RP at info@resilientpilot.com if you suspect that your account has been compromised.

 

6.11      RP requires certain personal information for Resilient Crew Room membership. All data shared will be treated in confidence in line with RP’s Privacy Policy

 

 

6.12      From time-to-time RP may need to increase the price of membership. RP will give the member one month’s notice of any incoming price increase and will make it very clear when that price increase will take effect and how much your monthly membership subscription will be after that date. During this time the member will have every right to terminate their membership in accordance with RP’s terms and conditions. If the member does not terminate their membership by the date given in the notice, their subscription fee will change in accordance with the notice.

 

 

6.13      RP is free to change the membership terms and conditions without giving further notice to the individual member. However, where possible RP will notify members of upcoming changes and members will have the option to opt out. Such changes will, unless otherwise stated, take immediate effect. RP will publish changes to the terms and conditions through member newsletters and upload revised terms and conditions to its website at www.resilientpilot.com/termsandconditions

 

7 Resource Hub and CDS

 

RP’s resources have been created utilising a combination of materials with a view to providing useful resources to help users retain and develop role-specific and generic skills and competencies.

7.1       Whilst all reasonable attempts have been made, RP cannot guarantee the accuracy or currency of the content.

7.2       The information contained on RP’s Resource Hub and CDS is intended solely for the personal non-commercial use of the user who retains responsibility for their own level of competency.

7.3       The Resource Hub and CDS do not contain official documentation, unless otherwise stated.

7.4       RP’s resources are not for operational use or training purposes and shall not take precedence over officially produced documentation.

7.5       RP acknowledges that different operators work to different General and Standard Operating Procedures. As such, all RP resources are designed to be generic and the user should refer to their Operator’s guidance material for Operator specific clarification.

7.6       While RP has taken every precaution to ensure that the content of the Resource Hub and CDS is both current and accurate, errors can occur. RP assumes no responsibility or liability for the content or reliability of external material and information.

7.7       All RP resources remain the Intellectual Property and are copyright © of RP. All resources originated by other organisations are included with the permission of the Intellectual Property owners. Resource Hub and CDS content may not be copied, reproduced, transmitted, distributed, downloaded, transferred or used by a third party in any form or by any means without RP’s prior written consent. Please contact info@resilientpilot.com to request such permission.

 

The following clauses refer to the entire Terms and Conditions document:

8 Variation
8.1       RP reserves the right to amend these Terms and Conditions at any time and will endeavour to provide notification of such changes on RP’s website, http://www.resilientpilot.com
8.2       No employee, mentor, agent, or other representative of RP 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 RP.

 

9 Liability and Indemnity
9.1       Nothing in these Terms shall limit or exclude either party’s liability for:

9.1.1     death or personal injury caused by its negligence, or the negligence of
its employees, agents or subcontractors;
9.1.2     fraud or fraudulent misrepresentation; or
9.1.3     any other liability which cannot be excluded or limited by law.

9.2       Subject to clause 9.1:

9.2.1     RP shall under no circumstances whatsoever be liable to any CM or member 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
9.2.2     RP’s total aggregate liability to a CM or member in respect of all other
losses arising under or in connection with these Terms and Conditions,
any FlightPlan or service provided by RP whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of fees paid by the CM or member
9.2.3     The CM or member hereby indemnifies RP and undertakes to keep RP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by RP to a third party in settlement of a claim or dispute on the advice of RP’s legal advisers) incurred or suffered by RP arising out of any breach by the CM or member of any provision of these terms and conditions, or arising out of any claim that the CM or member has breached any provision of these terms and conditions.

 

10 Entire Agreement
10.1      These Terms and Conditions together with our privacy and confidentiality
policy; website terms and conditions and general disclaimer; FlightPlan
Agreement documents; and Resilient Crew Membership documents constitute the entire agreement between RP and the CM or member and supersede all and any previous agreements in relation to the use of RP’s website and other resources, and/or participation on a FlightPlan or membership of the Resilient Crew Room.

 

11 Dispute Resolution
11.1      RP welcomes feedback on all of our support services. We request that CMs and members share any feedback verbally with their mentor, coach or instructor, or via email to info@resilientpilot.com From time-to-time RP will also send feedback questionnaires in order to collect feedback with a view to further improving their support services.

11.2      Every attempt has been made to ensure RP’s resources are either original, or permission has been given by the originator for its reproduction and use. If you have a query or complaint regarding the use of certain resources and believe formal authorisation has not been given for its use, please contact info@resilientpilot.com
11.3      If you have any reason to make a complaint regarding either the quality of training
or the standard of customer care delivered either by RP or our representatives, please notify your instructor, coach or mentor immediately to allow RP the opportunity to remedy accordingly. You should firstly discuss the complaint with the relevant instructor, coach or mentor. If the complaint cannot be resolved, then the matter will be referred to relevant members of RP’s Core Team for response. If you are still dissatisfied with the response, then the matter will be referred to the Directors of RP.

11.4      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 RP at the address detailed in clause 1.2 above, or by email to info@resilientpilot.com

 

12 Termination
12.1      Without affecting any other right or remedy available to it (including any right
to terminate a CM’s attendance on a FlightPlan, or member’s membership or right to utilise RP’s resources which is set out elsewhere in these Terms and Conditions), RP reserves the right to terminate the CM’s attendance on a FlightPlan, or member’s membership, or right to utilise RP’s resources should the CM or member violate any or all of these Terms; and that
CM or member will not be entitled to any refund of Course fees or other monies paid to RP.
12.2      Enrolment or membership may be terminated by RP, if it at its sole discretion
considers the CM or member’s competencies, aptitude or character unsuitable for further training or mentoring/coaching, or if the CM or member –

12.2.1   fails to make themselves available for scheduled details without good reason;
12.2.2   demonstrates unsatisfactory progress due to failure in applying him/herself;
12.2.3   does not complete study assignments;
12.2.4   is tardy or absent;
12.2.5   displays improper or irresponsible behaviour;
12.2.6   is in any way incapacitated or unable to maintain a medical certificate;
12.2.7   displays any difficulties with communicating in English with Resilient Pilot representatives

12.3      Where a CM or member’s enrolment is terminated in accordance with clause 12.2 and FlightPlan or membership fees have been paid in full, the CM or member will not be entitled to any refund whether partial or otherwise.

13 Data Protection
13.1      See RP’s Privacy and Confidentiality Policy

 

14 Trademarks & Copyright
14.1      The trademarks and copyrights of RP include but are not limited to: Resilient Pilot Limited, Resilient Pilot FlightPlan, Resilient Crew Room and any other trademarks registered from time-to-time.

14.2      Images, illustrations, diagrams and photographs used in RP marketing and other materials are protected by copyright ©.

14.3      RP trademarks and copyright materials may not be used in any form without prior permission from RP. Such permission should be requested by emailing info@resilientpilot.com

 

15 Force Majeure
15.1      Neither party shall be liable for nor deemed to be in default on account of delays in performance of any of its obligations under this Agreement which are due directly or indirectly to a Force

15.2       The affected Party shall give the other party timely notice after it becomes aware of any Force Majeure Event, which notice shall, to the extent practicable, specify the length of the delay anticipated and any additional costs, incurred or likely to be incurred, by reason of such Force Majeure Event.

15.3  In the event of a Force Majeure Event the Parties shall agree any adjustments to any active Agreements and/or the terms and conditions contained herein that may be required as a consequence of such delay.

15.4  If a Force Majeure Event continues for a period in excess of one hundred and eighty (180) consecutive days any active work order shall automatically terminate unless the Parties agree otherwise in writing.

 

16 Miscellaneous Provisions
16.1      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.
16.2      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 RP 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.
16.3      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.

 

17 Governing Law and Jurisdiction
17.1      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.
17.2      Subject to clause 11.3, both parties 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.
17.3      If a CM or member fails to pay RP on time for any monies due under these Terms and Conditions, then the CM or member acknowledges and agrees that we may bring a claim against them for non-payment in any jurisdiction in which you or your assets are located.
17.4      Without prejudice to our other rights under these terms and conditions, if these terms and conditions are breached in any way, RP may take such action as they deem appropriate to deal with the breach, including bringing court proceedings against the CM or member.
17.5      RP 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. However, every attempt will be made to give suitable prior notice.
17.6      The CM or member may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
17.7      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.
17.8      These terms and conditions are for the benefit of the CM, member and RP and are not intended to benefit any third party, or be enforceable by any third party. The exercise of RP and the CM or member’s rights in relation to these terms and conditions is not subject
to the consent of any third party.

 

18 Registrations and authorisations
18.1 RP’s VAT number is 354 5333 04

 

19 Contact
19.1      All Directors, Core Team members and other members of the RP team are contactable via email info@resilientpilot.com

 

 

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