Terms and conditions

Introduction

  1. Below you will find our Terms and Conditions. These always apply when you use our Website or place a reservation through our Website, and contain important information for you as a Customer. Please read them carefully. We also advise you to save a copy of them or print them out, so you can check them at a later time.

Definitions

  1. HelisimR22R: established in Rotterdam and registered with the Chamber of Commerce under registration number 63321645, trading under the name HelisimR22R.
  2. Website: the website for HelisimR22R, which can be consulted via www.helisim.nl and all its sub domains.
  3. Customer: the natural person, not acting as a professional or as part of a company, who enters into an Agreement with HelisimR22R and/or has registered on the Website.
  4. Agreement: any agreement or contract between HelisimR22R and the Customer, for which the Terms and Conditions form an integral part.
  5. Terms and Conditions: the present Terms and Conditions.

Applicability of the Terms and Conditions

  1. The Terms and Conditions are applicable to all offers, Agreements and deliveries of HelisimR22R, unless otherwise expressly agreed in writing.
  2. If the Customer in his order, confirmation or acceptance notification includes provisions or conditions that deviate from or are not listed in the Terms and Conditions, these are only binding for HelisimR22R if and insofar as these have been accepted by HelisimR22R in writing.
  3. In the event that specific product or service conditions apply in addition to these Terms and Conditions, those conditions are also applicable, but the Customer can in case of conflicting terms always invoke the applicable provision that is most favourable to them.

Prices and information

  1. All the prices mentioned on the Website and in other services originating from HelisimR22R include VAT and other levies imposed by the government.
  2. The content of the Website has been composed with the utmost care. HelisimR22R cannot guarantee that all the information on the Website is accurate and complete at all times. All prices and other information on the Website and in other HelisimR22R derived services are thus subject to possible programming and typing errors .

Establishing the Agreement

  1. The Agreement is established at the moment that the Customer accepts HelisimR22R’s offer and thereby the conditions set by HelisimR22R .
  2. If the Customer has accepted the offer and paid electronically, HelisimR22R will immediately electronically acknowledge receipt of the acceptance of the offer by showing the date/time of the reservation on the Website. Until the receipt of this acceptance has not been confirmed, the Customer may terminate the Agreement.
  3. If it emerges that by accepting or in another way entering into the Agreement that the client has provided incorrect information, HelisimR22R is entitled to meet its obligations only after the correct information has been received .
  4. HelisimR22R cannot only, within the law, look into whether the Customer can meet their payment obligations, but can also look into all the facts and factors that are important to a reliable establishment of the Agreement. If HelisimR22R, based on this research, has good reason not to enter into the Agreement, it is entitled to refuse an order or request, or to refuse to implement special conditions such as payment in advance.
  5. HelisimR22R is entitled to refuse orders from customers who are acting in the exercise of their profession or business.

Implementing the Agreement

  1. Once the reservation has been received by HelisimR22R, the date/time of the reservation will be displayed on the site. For 3 minutes no one else can reserve this date/time. If after 3 minutes no payment have been received, this date/time is released again. After the payment has been received the reservation is finalized and HelisimR22R sends an email to the Customer to confirm the Agreement.
  2. HelisimR22R is entitled to engage third parties to carry out its obligations under the Agreement
  3. If HelisimR22R cannot provide the services at the agreed time, it shall inform the Customer thereof. The Customer may then agree to a new date or they will get the opportunity to terminate the Agreement without charge .

Price

  1. In the Agreement the price to be paid by the Customer is the price shown on the HelisimR22R Website at the time of booking by the Customer
  2. Subsequent price changes, promotions, discounts or offers give the Customer no right to amend the agreement or (partial) refund of the amount agreed with the Customer .

Payment

  1. The Customer must meet payments to HelisimR22R according to the ordering procedure and any payment methods specified on the Website. HelisimR22R is free in the choice of the available payment methods, and these may also change from time to time.
  2. Failure to meet the payment requirements on the Website means that no Agreement has been created. Reversal of payments or (later) refusal of a payment order by the banking agency shall terminate the contract with immediate effect without Helisim22R22 giving notice about it.

Safety and Training

  1. The Customer takes part in the simulation at their own risk. The Customer should be aware that participation, even if it is a simulation, can affect their physical/mental condition.
  2. HelisimR22R bears no responsibility for medical properties or conditions that could affect the use of the simulator.
  3. If the Client has doubts about his fitness to participate (pregnant, heart complaints, epileptic seizures, etc., etc.), he should – if necessary by a doctor – inform him before taking part.
  4. Participation implies a conclusive investigation by HelisimR22R by the Customer regarding its suitability for participation.
  5. HelisimR22R ensures, if the client becomes unwell in the simulator, that the simulation is stopped. HelsimR22R is not responsible for the Customer becoming unwell.
  6. Each Customer must have valid and adequate proof of identity, which must be produced at the request of an official of HelisimR22R .
  7. An official of HelisimR22R may at any time cancel or amend the contract, suspend (stop) operation, or reject one or more passengers if, in his opinion, a safe simulation cannot be guaranteed. In this case the Customer has no right to any form of compensation. The instructor of the helicopter simulator is authorized to issue orders to everyone on board and in the rehearsal room. The Customer is obliged to follow these commands .

Force Majeure

  1. Force majeure is understood to mean circumstances that impede the fulfillment of the Agreement and are not attributable to HelisimR22R. This includes (if and insofar as these circumstances make performance impossible or unreasonably difficult) among other things, but not exclusively: technical simulation issues, including certain business failures, failure in the energy supply, phone malfunction, transportation delays, strikes, delayed delivery by suppliers and illness or death of a person important for the project.
  2. In the event of prolonged force majeure, HelisimR22R is entitled at all times to cancel the agreement by means of a verbal notification, followed by a written notification, in which case the Customer is not entitled to any form of compensation .
  3. In the case of temporary force majeure HelisimR22R is entitled to extend the time within which activities must be carried out for the period of the temporary hindrance to their performance.
  4. The Customer can in cases of temporary force majeure demand termination of the Agreement if it cannot reasonably be required that they still accept the performance resulting from the delay, without having the right to any form of compensation.

Liability

  1. HelisimR22R is not liable for damage caused to persons or property by or during the performance of services and/or activities, except in the event that this damage is deliberate or due to gross negligence on the part of HelisimR22R . If HelisimR22R holds a third party liable for damage caused before, during and after the performance of services and/or activities, the Customer will indemnify HelisimR22R.
  2. HelisimR22R is not liable for damage that arises through or during the performance of services and/or activities, as a result of non-compliance by the Customer or a third party to measures to ensure public order and safety
  3. Should HelisimR22R be liable, the liability of HelisimR22R is restricted to the limit of the relevant liability insurance held by HelisimR22R
  4. The liability of HelisimR22R is limited to the scope dealt with in this article. The Customer indemnifies HelisimR22R for any claims from third parties.

 

Warranty and compliance

  1. HelisimR22R guarantees that the services satisfy the Agreement, the specifications in the offer, the reasonable expectations of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the establishment of the Agreement. If specifically agreed, HelisimR22R also guarantees that the service is suitable for specific purposes such as those stated on the site.
  2. If the service does not satisfy the Agreement, the Customer must within a reasonable time after discovering the shortcoming notify HelisimR22R about it. Helisim22R22 points out that the Customer should consider in advance whether participation in the simulation is appropriate for his or her particular constitution. Symptoms such as dizziness, nausea and the like give – except in special circumstances – no entitlement  to compensation in any form
  3. If HelisimR22R considers the complaint well-founded then, after consultation with the Customer, a new service will be offered or reimbursement. The maximum reimbursement is equal to the price paid by the Customer for the service. This Article does not stand in the way of a possible claim for damages.

Complaints procedure

  1. If the Customer has a complaint about a service and/or other aspects of the service delivery of HelisimR22R , they can submit a complaint to HelisimR22R by telephone, email or post. See the contact information at the bottom of the Terms and Conditions.
  2. HelisimR22R will respond to the Customer as soon as possible, but in any event within 3 days of receipt of the complaint. If it is not possible to give a substantive or final response, HelisimR22R will, within 3 days of receipt of the complaint, acknowledge receipt and give an indication of the period within which it expects to give a substantive or final response to the complaint of the Customer

Personal data

  1. HelisimR22R processes the personal data of the Customer in accordance with the privacy policy published on the Website.

Intellectual property

  1. The Customer is aware of and agrees that intellectual rights attach to parts of the simulation (space). Layout, specifications, models, protocols , scenarios, etc. are all the (intellectual) property of Helisim22R22
  2. The Customer is strictly prohibited by Helisim22R22 to reproduce in any way for their own use the models used for the simulation, ideas and other intellectual rights.

Final provisions

  1. The Agreement is governed by Dutch law .
  2. Insofar as mandatory law does not provide otherwise, any disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district where HelisimR22R is established.
  3. If a provision is found to be invalid in this agreement, this shall not affect the validity of the Terms and Conditions as a whole. The parties will in that case determine as replacement (a) new provision(s), which as far as legally possible is/are shaped to the intent of the original provision.
  4. “Writing” in this agreement also means communication by email and fax, provided that the identity of the sender and the integrity of the mail is sufficiently established .

Contact information

If after reading these terms and conditions you have questions, complaints or comments, please do not hesitate to contact us in writing or by email .

HelisimR22R
Vroesenlaan 13D
3039DT, Rotterdam
tel 010-3070933
email info@helisim.nl
KvK 63321645
BTW NL084766633B01