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General terms and conditions

General terms and conditions

All rights reserved by:
HeliQopter Services
Vliersingel 30
8082 CH Elburg
Chamber of Commerce: 56385404
VAT no: NL002147396B80

General terms and conditions

Article 1 Definitions and Applicability

  1. In these Terms and Conditions, the following definitions shall apply:
    • HeliQopter Services, RondvluchtHelikopter.nl or 123Helikopterflights: "us" and "we";
    • Client: any client of ours, being either client or tenant.
    • Operator: any client of ours, being a performer of flight operations or work.
  2. These Conditions form part of all offers and agreements between us and the client regarding the provision of services and/or work.
  3. Additional and/or deviating terms and conditions of the Client or third parties do not bind us unless they have been expressly accepted by us in writing.
  4. In character designations, he also means she, and his also means her.

Article 2 Offers

  1. All quotations made by us are non-binding and valid for 14 days from the quotation date, unless otherwise agreed.
  2. If an offer by us contains a non-binding offer and this offer is accepted by Client, we are entitled to revoke this offer within 10 working days of learning of Client's acceptance.
  3. Verbal agreements and understandings do not bind us unless confirmed by us in writing.

Article 3 Prizes

  1. Unless expressly stated otherwise, the prices stated in the offers are in Euros and exclusive of VAT. These prices apply to the service mentioned in the order confirmation. Additional or special services shall be charged separately.
  2. We are entitled to charge the Customer for price-increasing factors, including increases in cost prices for helicopter flights, permits, materials, labour costs, social security charges and transport costs.
  3. Without our consent, Client is not allowed to increase prices/rates for its own profit.
  4. If, in consultation with Client, the original agreement between us and Client is deviated from, the resulting costs for additional work will be charged to Client at the prices and/or rates applicable at the time of execution.
  5. Post-calculation takes place afterwards according to the actual time flown and any additional costs incurred.
  6. The agreed amount must be received by us no later than 3 (three) working days before the execution date.
  7. If the Client has not paid by the due date, he shall be deemed to be in default by operation of law. From the moment of default, Client shall owe interest on the amount due of 1.5% per month, whereby a part of a month shall be regarded as a whole month. The Client shall also owe us compensation for extrajudicial collection costs.
  8. The extrajudicial collection costs are set at 15% of the amount due, with a minimum of €500.00.
  9. If a payment term is exceeded, we are entitled to suspend the fulfilment of all its obligations under the agreement as well as to declare the agreement dissolved after notice of default but without judicial intervention, by means of a written statement sent by registered mail. We also apply these rights if Client is declared bankrupt, if Client is granted suspension of payment or if Client's company is discontinued or liquidated.
  10. Invoices must be paid within the payment term stated on the relevant invoice. If an invoice does not specify an explicit payment term, a payment term of 30 (thirty) days shall apply.
  11. All payments by Client to us regarding outstanding invoices will be deducted from the oldest outstanding invoices of Client, regardless of any other indication by Client.
  12. Any reliance by the Customer on suspension, set-off or deduction shall not be permitted.

Article 4 Execution of agreement

  1. The agreed dates and times of performance are target times, which are not binding on us.
  2. We will inform Clients as soon as possible, but no later than two weeks after receiving the assignment from Client, of the expected date of the execution of the agreement. If we become aware that the execution of the agreement will not be able to take place on the agreed date and time, we will inform Clients of the expected date of the execution of the agreement as soon as possible, but no later than two weeks after receipt of the assignment from the Client.
  3. During three working days after receipt of the notification referred to in 4.2 regarding the time of execution of the agreement, Principal has the right to dissolve the agreement by means of a written statement sent by registered mail. In the absence of such a statement, Principal is deemed to agree to the delayed delivery and Principal cannot claim any compensation or dissolution of the agreement in this respect.
  4. We are entitled to suspend the execution of the agreement as long as the Client has not fulfilled its obligations towards us. This suspension applies until such time as the Customer has fulfilled its obligations in full.

Article 5 Security

  1. Flight operations involve regular inspections by IVW. It may therefore be necessary for the Principal to allow an IVW official to supervise or fly along for (part of) a flight or operation. Naturally, the inconvenience to the Principal is kept to a minimum.
  2. Client shall ensure that no dangerous or prohibited substances or objects are taken, in baggage or otherwise, or brought on board during hire or operations. We are not liable for (loss of) goods, precious or otherwise.
  3. Each passenger must have a valid and virtuous proof of identity, which must be shown at our request. Tickets are personal.
  4. We or Operator, can at all times cancel or change the order, suspend or stop the execution, or refuse one or more passengers, if, in its opinion, safe flight execution cannot be guaranteed. In this case, the Customer is not entitled to any compensation. Costs already incurred by us, e.g. costs to third parties and minutes actually flown, will be charged to the Customer.
  5. The captain of the helicopter is authorised to give orders to everyone on board, including passengers. Passengers are obliged to follow these orders.

Article 6 Force majeure

  1. Force majeure means: circumstances that prevent fulfilment of the commitment and cannot be attributed to us. These will include (if and insofar as these circumstances make performance impossible or unreasonably difficult): flight technical reasons, including certain weather conditions, government opposition, operational failure, disruption in the supply of energy or materials, telephone failure, transport delays, strikes and failure of suppliers to deliver on time and illness or death of a person important to the project. In the event of force majeure, we shall at all times be entitled to dissolve the agreement by means of a verbal notification followed by a written statement (sent by registered mail), in which case the client shall not be entitled to any compensation.
  2. In the event of temporary force majeure, we are entitled to extend the period within which work must be performed by the period during which the temporary impediment to performance lasts. In the event of temporary force majeure, the client may demand dissolution of the agreement if he cannot reasonably be required to still accept the performance as a result of the delay, without being entitled to any compensation.
  3. Client may only claim dissolution of the agreement within three working days after we have informed Client of the delay in performance.

Article 7 Cancellation by Client

  1. If the Client wishes to cancel an agreement entered into with us for any reason, the Client is obliged to pay us compensation, which is to be calculated on the price stated in the order confirmation according to the schedule below:
    • 25% in case of cancellation in the period up to 6 weeks before date of fulfilment of agreement;
    • 35% for cancellation in the period from 6 to 4 weeks before the date of execution of the agreement;
    • 50% for cancellation in the period from 4 to 2 weeks before date of execution of agreement;
    • 75% for cancellation in the period from 2 to 1 week before date of execution of contract;
    • 95% for cancellation in the period from 1 week to 1 day before date of execution of contract;
    • 100% on cancellation on the day of performance of the contract.
  2. The day on which a written communication from the Customer has reached us, in which the Customer informs us of its wish to cancel the agreement, is taken as the basis for calculating the compensation.
  3. If the damage incurred by us as a result of cancellation of the agreement exceeds the compensation calculated in paragraph 1, the Customer shall be obliged to pay us the damage actually incurred. The damage actually suffered should be understood to mean the cancellation costs owed by us to third parties engaged by us and the costs already incurred by us.
  4. Gift vouchers / E-tickets are valid for 1 year from issue date if otherwise stated and are not redeemable for cash.

Article 8 Liability

  1. We shall not be liable for damage caused to persons or property by or during the execution of services and/or work, except in the event that such damage is due to intent or gross negligence on our part. If third parties hold us liable for damage caused before, during and after the execution of services and/or work, the Customer shall indemnify us.
  2. All our flight operations or work is carried out by Operator. Therefore, we have no liability whatsoever and Operator's General Terms and Conditions shall apply as guiding principles for Principals. When concluding an agreement of quotation to purchase service(s) or product(s) from us, Client also agrees to the then applicable Operator General Terms and Conditions.
  3. We are not liable for damage caused by or during the performance of services and/or work as a result of non-compliance by the Client or third parties with measures to ensure public order and safety.
  4. If we do become liable, our liability shall be limited to the limit of the liability insurance taken out by us in this respect.
  5. Our liability is limited to the extent regulated in this article. Client shall indemnify us against any third party claims.

Article 9 Disputes and applicable law

  1. Any agreement between us and Client as well as any dispute between us and Client arising from or related to the execution thereof shall be governed by Dutch law.
  2. All objections by the Customer to an invoice from us or to an amount automatically collected by us must be reported to us in writing within 14 (fourteen) days after the invoice date or date of the direct debit. After that period, the invoiced or collected amount shall be deemed to be acknowledged by the Client.
  3. If the Client is of the opinion that a product or service delivered by us does not comply with what the parties have agreed on, the Client must notify us of this in writing within 14 (fourteen) days after delivery, or within 14 (fourteen) days after the time at which the Client could reasonably have become aware of the shortcoming alleged by it.

Article 10 Joint and several liability

  1. If several (legal) persons or companies are referred to as the client, they will be jointly and severally bound to fulfil all obligations arising from the agreement they have concluded with us, to which these conditions apply.

Article 11 Offers and Order Confirmation

  1. We are not liable for claims and/or demands of third parties due to infringement of their copyrights, patents, licences, trademarks, models and other rights howsoever named in connection with goods delivered by us or services and/or work performed by us, if we may have infringed those rights by using data, writings or objects provided by us or on behalf of the client for the execution of the order.

Article 12 Termination

  1. Each party shall be entitled to rescind the agreement out of court if the other party imputably fails to fulfil material obligations under the agreement and, after having been duly notified in writing, fails to remedy such failure within a reasonable period of time.
  2. Dissolution does not release Client from any payment obligation in respect of products and/or services already delivered by us, unless we are in default in respect of a particular product or service.
  3. We shall be entitled to terminate the agreement with immediate effect, without any further notice of default being required and without this rendering us liable to pay damages to the Customer, if the Customer is granted a provisional or definitive suspension of payments, the Customer's bankruptcy is applied for, (part of) the Customer's goods are attached or the Customer's company is wound up or terminated.
  4. Immediately after termination of the agreement, for whatever reason, Client ceases to use products and/or results of services made available and returns all documentation and other materials made available to Client under the agreement.
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