Business Terms and Conditions
A: Statement of Trust: We trade on the basis of a mutual trust, between our customers and our suppliers. We believe that our suppliers work hard to deliver the best product at a fair price, and we in turn deliver an excellent product at fair prices, which customers then enjoy and appreciate.
B: Product Descriptions: We cannot guarantee the same aircraft in use as the photos or text descriptions shown on our website and product pages. Whilst every care has been taken to provide an accurate visual representation of the tour experiences available for purchase, individual screen sizes and settings may alter individual colour reproduction. In addition, because screen technology is still being improved, occasionally your monitor may be unable to do full justice to some of the images depicted.
C: Pricing and Payment: All goods offered for sale through our website are priced in pounds sterling and are inclusive of VAT. Aero Legends Ltd will remain the owner of any goods or services sold until full payment for such goods or services is received from the customer. All experiences purchased from Aero Legends Ltd are valid for a period of 24 months from purchase – unless a written request to extend validity beyond 24 months from purchase due to unforseen circumstances has been approved.
D: Service Conditions: Except as otherwise expressly mentioned in these conditions, Aero Legends Ltd, shall not be liable for any loss or damage (whether direct or indirect) to the customer or a third party due to negligence during the tour. This does not affect your Statutory Rights under the Sale of Goods Act 1979.
E: Booking Conditions: All bookings are accepted subject to availability. All bookings shall be paid for in full at time of ordering (unless a product is available for part payment/deposit) If due to circumstances beyond our control – i.e. mechanical failure/ weather conditions/ illness, we will notify the customer and arrange an alternative booking date. Arrival – all customers who have pre–booked, should arrive at their advised check-in time or if no check-in time advised by 30 minutes before the tour is due to depart, to allow vehicle/ aircraft loading. ‘No Show’. If a customer does not turn up for their pre-booked and pre–paid tour, 30 minutes before departure, we reserve the right to sell their place to another party on the day. All flying passengers must be able to walk 50 metres unaided. Due to the payload restrictions of the aircraft, there is a maximum weight limit for each passenger. Some aircraft also have height restrictions & further health restrictions apply*. Check below: Tiger Moth*/T6 Harvard* – Must be aged 14 or over, maximum 18 stone (115kg), able to climb in & out of aircraft. Further health restrictions apply*. Jackaroo* – Student pilot must be aged 14 or over, maximum 16.5 stone (105kg) under 6ft, able to climb in & out of aircraft. Optional Second passenger must be aged 14 or over, maximum weight 10 stone (63.5kg) under 6ft, able to climb in & out of aircraft. Further health restrictions apply*. Fly with a Spitfire in a multi-seat helicopter/aeroplane – Must be aged 7 or over (under 14 must fly with adult), maximum 18 stone (115kg), able to climb in & out of aircraft. Fly In A Spitfire* – Must be aged 18 or older, maximum 16 stone 8lbs (105kg/230lbs), under 6ft 6inches (198cm), able to climb in & out of aircraft. Further health restrictions apply*
F: * Further Health Restrictions: Passengers must sign an undertaking that he/she has no medical condition which would affect their ability to undertake the proposed activity. Passengers must declare that they have never suffered from any of the following which may create or lead to a dangerous situation in flight: blackouts from any cause; epilepsy; severe head injury; recurrent fainting or giddiness; high blood pressure; angina; coronary heart disease; insulin dependent diabetes; any nervous disorder; or other relevant illness or injury. Passengers must not have blocked sinuses so they’re able to equalise the pressure in their ears by blowing into their closed nose. Passengers must not be suffering from the effects of alcohol or drugs. Passengers must be able to demonstrate the following: The ability to understand the information provided with regard to the risk associated with flying in a historic warbird aircraft, which has not been certified for the carriage of passengers. The ability to make an informed decision based upon the risk information provided and to be prepared to accept the risk involved in participating in the proposed activity. The ability to recall emergency actions required in the event of the requirement to abandon the aircraft or to prepare for a forced landing. A good understanding of the safety equipment provided and its operation and use. An appropriate approach to the passenger experience, exhibiting maturity, stability of character and attitude consistent with the intended activity. Conversational English to an acceptable level for the intended activity.
G: Customer Satisfaction: We take the greatest care to ensure all our tours offer the highest level of customer satisfaction and enjoyment, if however a customer is unsatisfied , we will make every effort to rectify the situation to ensure the customer is fully satisfied. If a customer would like to make a complaint the matter should be raised with the tour director on the day. He or she will do everything within their immediate power to resolve the matter. If that is not possible, they will take the matter to a Company Director, who will take on the personal responsibility and ownership of the matter until complete resolution has been achieved. Customers who wish to complain to the Company, other than through a Tour Director, should contact our customer services on 01622 812830
I: Photography: The taking of photographs and video for private purposes only is permitted. We do not allow the use of such for commercial purposes. Should professional photography be required, individual flights can be arranged where the right aircraft and in-flight accommodation for camera crew and equipment can be arranged. Please state your requirements on booking.
In-Flight video footage (on USB Stick). Some of our experiences have cockpit video available as an optional extra – depending on the aircraft – Video equipment can fail on some occasions. If a video failure occurs i.e. you have no in-flight footage, we will offer you a full refund of your video purchase cost only, if any monies paid. We cannot offer any form of compensation when a failure to record your flight experience has occurred. If the video equipment develops a fault prior to your flight then your flight will still go ahead and we will offer you a full refund of your video purchase cost only.
J: Copyright: We are the originators of the Fly with a Spitfire © Experiences and offer these in good faith to our customers on the understanding that they then do not copy/ steal/ plagiarise any or all of experiences that we have carefully developed for the safety and enjoyment of our customers. We lay claim to being the first to market with our innovative experiences and are therefore the rightful owners of the intellectual property associated with the Fly with a Spitfire © Experiences, and similarly with Fly with a Fighter, Fly with a Hurricane and other similar warbird experiences. We will vigorously pursue any persons or organisations which deliberately infringe our rights. For further information on copyright ownership, please follow this linkhttp://www.ipo.gov.uk/types/copy/c-ownership/c-creator.htm. Action Stations! is the trading name of the company operating aviation tours, and belongs to Aero Legends Ltd, whose registered address is The Carriage House, Mill Street, Maidstone, Kent, ME15 6YE.
K: Fly With A Spitfire – Experience Specific Terms and Conditions: We are operating a flying experiences programme to showcase vintage aircraft in flight. Our primary objective is to give our customers the opportunity to view and photograph these aircraft flying in settings reminiscent of the Battle of Britain, such as the White Cliffs of Dover. Whilst we will endeavour to fly to the scheduled location on the day, should the weather preclude us from doing so, we may elect to fly to an alternative popular setting. Flights can take place in both fixed wing and rotary aircraft, and we reserve the right to use one type or the other for the purposes of providing our customers with a photographic platform from which to view, observe, photograph or film the accompanied aircraft. We reserve the right to deliver your flight with any Spitfire or Hurricane, in any authorised passenger aircraft suitable and serviceable for the purpose on your event date, to any location should weather or circumstances not permit flight to your chosen destination. Cancellation charges apply – please see our cancellation terms.
Cancellation / Date Change Terms
Our policy is to operate our experiences with a complete commitment to customer satisfaction. When one is booked, we are committed to you our customer, and you in turn are committing to us to show up on the day you have booked, at the allotted check in time. Failure to do so, without prior written agreement will make the booking null and void, and no refund will be given.
Our flying events are unique in providing our customers with the thrilling experience of flying with vintage aircraft. The planning and management of each event is done to a very high degree and if someone drops out having booked a place, we have to go to a considerable amount of trouble and cost to fill that space. Consequently we take the matter of cancellation or date changes very seriously, and we expect anyone booking to treat the matter accordingly. All circumstances leading to a cancellation will be taken into consideration and a decision made at our discretion.
Fly In A Spitfire (Including Formation)– Experience Specific Cancellation / Date Change Terms: Additional to the terms below, our Fly In A Spitfire flying guests are given the opportunity to consider their decision in a relaxed and unpressurised environment. The decision to participate should be made before the participant has boarded the Spitfire on the basis that the participant makes an informed decision about the risks associated with the flight. If the participant decides not to fly having considered the risks associated with the flight within the validity period of their voucher, then they are entitled to a refund minus an administration fee of £30.00
A: Cancellation by you: Once tickets are purchased, there is a statutory fourteen day ‘cooling off’ period during which you can request and will receive a full refund. After that time all tickets are non-refundable*. There are exceptions such as pregnancy – If you are unable to take part in your flight during the validity period of the ticket because you are pregnant, we will extend the validity period by 9 months from the baby’s due date provided that before the expiry of the validity period of your vouchers you contact us in writing or by email or fax and in addition supply us with a copy of a valid MATB1 (obtainable from 26 weeks of pregnancy) relating to your pregnancy. Illness or incapacitation. We are sympathetic to anyone suffering from illness and unable to attend and enjoy an event. All genuine requests will be treated on an individual basis, and they must be supported by your doctor or medical advisor as appropriate. We will normally re-schedule your experience to the next available date on a ‘once only’ basis.
B: Overseas customers: We particularly appreciate you travelling to fly with us – we know how much they each mean to many ‘non – UK’ visitors, and we recognise the investment in time and money you make coming to see us! Therefore if your flight has to be cancelled due to unforeseen circumstances and you have had to bear the cost of international travel to take up your experience, whilst we will not refund those costs, as a gesture of goodwill, we will refund the value of your flight if purchased directly from us.
C: Cancellation by us: The majority of our flights go ahead as planned, however, we are flying in the UK and like other outdoor experiences, and we are subject to the vagaries of the weather. Please also acknowledge that we are flying vintage aircraft which are subject to thorough and extensive safety checks and maintenance programmes, which sometimes pick up faults necessitating unscheduled repairs, and therefore delays. Despite the best preparation and planning we sometimes have to cancel flights at short notice, in some cases on the day itself. We always do our very best to work around these delays by extending the flying programme, adding more flights, or another day of flying. However we can’t always come up with the magic solution and you may have to come back another day to have your experience. Aero Legends Ltd are not responsible for any personal costs or additional costs relating to a cancelled flight or event experience.
So please read the following terms!
D: Short notice cancellation: We may at our discretion cancel your flight for any booked date or alter its’ time without notice because of matters beyond our or their reasonable control, for example adverse weather conditions, or for safety or legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.
E: Flying on an alternative date: Should we need to cancel, you will be offered the opportunity to book another date during the current flying season if possible. Should there be limited availability, or there isn’t a date that fits in with your plans, your ticket can be re-validated for the following season – this applies only to re-bookings after mid – season (July onwards)
F: Refund due to weather or aircraft unserviceability: Full refund request. Under normal circumstances all tickets are non-refundable, however you are entitled to a monetary refund if you do not fly after four booked dates – for example if flights are cancelled due to unsuitable weather conditions, mechanical unserviceability of the aircraft, illness. The following conditions apply to this refund: You must notify us in writing that you want a refund instead of flying, within 21 days of the date booked for the last flight attempt. We will deduct a £50 handling fee per voucher. You must return the vouchers at your cost and risk in the state and condition in which they were when delivered, to our address at Aero Legends Office, Headcorn Aerodrome, Headcorn, Ashford, Kent. TN27 9HX, before a refund or exchange will be issued. (Please note we are only able to make a refund to the original ticket purchaser – not the recipient). 50% Monetary Refund request. You are entitled to a monetary refund equal to 50% of the amount paid for each ticket if you do not fly after three booked dates because the flights are cancelled by us. If you decide to take this early opt-out, the following conditions apply: You must notify us in writing that you want an early opt-out instead of flying, within 21 days of the date booked for the last flight attempt. You must return the vouchers at your cost and risk in the state and condition in which they were when delivered, to our address at Aero Legends Office, Headcorn Aerodrome, Headcorn, Ashford, Kent. TN27 9HX, before a refund or exchange will be issued. (Please note we are only able to make a refund to the original ticket purchaser – not the recipient.)
G: Requests for refunds: Must be made initially by phone/email and then followed up in writing, accompanied by the original ticket and copy of invoice. This is to ensure that we have a documented request that both parties can refer to and avoid further claims and disputes. Once your request is received, please allow 30 working days for the refund to be processed and for payment to be received on the account of the original ticket purchaser.
H: Force Majeure: Should other circumstances outside of our control ,which could not have been prevented despite all efforts and precautions on our side – for example Acts of God, riots, civil unrest, put stop to an event, refunds will not be given. All booked passengers will be re-scheduled to future dates when the event will be held as normal, after the disruption has passed.
I: Date Changes Terms – Re-booking: Because our flights are booked in advance, each one is planned taking into account each customer – especially their body weight. As you can imagine this is a logistical challenge! If one person drops out of a flight the knock on effect can mean a whole day of flight planning has to be re-worked. Unfortunately this creates costs that we have to cover. Therefore when requesting a change of date up to 30 days before the original date fixed, you will be charged an administration fee of £55.00 (incl. VAT) payable at the time of re-booking. This fee is applied to every date change request, up to 30 days before the event date booked. Within 30 days before the booked event, the decision to accommodate the date change request will be made at our discretion, and will depend on availability of another date at a future event. If we can make the change, we will do so, and an admin fee of £105.00 inc. VAT will be charged.
J: Would someone you know like to fly instead? Rather than cancel or make a date change, and have to pay the penalty, it may be worth considering finding a friend or relative to replace you on a flight. After all, this is the flying experience of a life time, and many would jump at the chance to fly instead of you!
K: Cancellation Terms and Conditions: Our terms and conditions apply to all purchases through our websites and through telephone bookings. They can be changed at any time, so ensure that you read and understand them before making your final booking.
Should you have any further questions about our terms and conditions, please call our office on 01622 812830 or email us at email@example.com