These general terms and conditions (hereinafter referred to as “Terms and Conditions”) apply to the sale of services (demo flights, profeciency tests, courses) of the Seller, which is the company
BLUE SKY AVIATION s.r.o.
Huppnerova 1169/1, Prague 6, 161 00, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 217178, Website: www.blueskyaviation.cz, ID: 02238276
to the Buyer by means of remote communication via the interface of the Seller’s website or in person at the Seller’s premises at: Kladno Airport, Velká Dobrá 580, 273 61.
The Terms and Conditions further define and specify the rights and obligations of the Seller and the Buyer.
The purchase of services is based on a purchase contract concluded between the Seller and the Buyer. The process of concluding the purchase contract is described in detail in Article 2 of the Terms and Conditions. These Terms and Conditions are a document that is an integral part of the Purchase Agreement and details and explains the rights and obligations of both parties to the Purchase Agreement, i.e. the Buyer and the Seller. The Conditions are displayed on the Seller’s website www.blueskyaviation.cz. Provisions deviating from the Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
If the contracting party is a consumer (a person other than an entrepreneur who places an order in the course of his/her business activity), relations not regulated by the Terms and Conditions are also governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
2.1 The Buyer orders the Service through the web interface, i.e. through the ordering system, by submitting a completed order form. By prior arrangement, the service can also be ordered by e-mail, outside the ordering system.
2.2 The web interface provides a detailed description of the services offered, including a detailed indication of its content, to whom it is intended and in what format it is provided. All presentations of the services listed on the web interface are for informational purposes only. The Seller is not obliged to enter into a purchase contract in respect of these services. Section 1732(2) of the Civil Code shall not apply.
2.3 For ordering the service via the web interface of the shop, the order form is used, where the Buyer fills in information about the ordered course (by selecting the item in the form and, if applicable, indicating the number), billing information (in particular name, surname, address, for entrepreneurs the ID number or VAT number), chooses the method of payment.
2.4 The contractual relationship between the Seller and the Buyer is established by sending a binding order by the Buyer through the order forms on the above website. From this moment on, mutual rights and obligations between the Buyer and the Seller arise, which are defined by the purchase contract and these terms and conditions. By submitting an order, the Buyer confirms that he has read these terms and conditions and that he agrees to them. A condition for a valid electronic order is the completion of all the prescribed data and requirements specified in the sales form. The data provided in the order are considered correct by the Seller.
2.5 The Buyer agrees to the use of means of distance communication in concluding the purchase contract.
2.6 The Purchase Contract and the Terms and Conditions are concluded in the Czech language. The Contract is concluded in electronic form and consists of the Buyer’s order, its acceptance by the Seller and these Conditions. The Seller archives the Contract in electronic form, it is not accessible to third parties.
2.7 For services (e.g. professional examinations and courses) where the Seller is required to verify the Buyer’s identity and the required qualifications on the basis of a certificate from an authorised organisation, the Buyer shall provide the Seller with:
2.8 For services-courses subject to approval by the Civil Aviation Authority and EU Regulation 1178/2012, the Purchaser shall comply with the study schedule for each course and meet the dates of the progress tests and final test for the course(s) at the prescribed time. Furthermore, the Purchaser shall comply with the maximum duration of the course, usually 18 months. The maximum course length is stated on the website in the course information for that course and cannot be extended in any way.
2.9 The Buyer understands that in order to properly use the online educational products, the Buyer must meet the technical requirements, which are in particular a good internet connection and appropriate technical equipment, a tablet (iPad) or PC, with updated software for internet access. Failure to meet the technical requirements may limit functionality.
2.10. Any breach or failure to comply with the terms and conditions set out in Article 2 clause 7,8 of these Conditions and the Purchase Agreement shall be deemed a material breach of the Purchase Agreement and the Seller shall be entitled to withdraw from the Purchase Agreement without compensation.
3.1. SERVICE PRICE: The price of individual services is listed on the Seller’s web interface. The price of the Service is inclusive of VAT. No additional charges are added to the price shown on the web interface. The price is valid for as long as it is displayed on the web interface. Due to the nature of the products, no shipping or other costs associated with their delivery are incurred. The calculated price shown in the order summary is already the final price. When selling a course on an instalment basis, the total price is increased compared to a one-off payment. The amount of the individual instalments and the total increase over the single payment shall be agreed between the Buyer and the Seller individually.
3.2 Unless otherwise specified, the price of the Service does not include instructional materials and any online access to instructional testing portals, except for those contained in the Seller’s eLearning application.
3.3. The agreed purchase price is the price stated for the service at the time of sending the order (stated in the order form sent). If there is an obvious error in the price on the web interface (this means, in particular, a typo, a mistake in entering prices) or a similar error in the process of concluding the purchase contract, then the Seller is not obliged to deliver the product at such an obviously incorrect price, even if there is an automatic confirmation of the order acceptance. In the event that the Buyer has already paid such manifestly erroneous price, the Seller shall be entitled to withdraw from the Purchase Contract. If there is a change in the purchase price between the dispatch of your order and its confirmation by us, the purchase price valid at the time of dispatch of the order shall apply, unless otherwise expressly agreed between the Buyer and the Seller.
3.4. Unless otherwise expressly agreed between the Buyer and the Seller, the Seller is obliged to deliver the service only after full payment of the agreed purchase price. In the case of instalment sales, the conditions are set out in paragraph 3.8 of this Article. Until the purchase price is paid in full, the product remains the property of the Seller.
3.5 The Seller shall issue a tax document – invoice to the Buyer in connection with payments made under the Contract, which serves as proof of purchase of the product or service.
3.6. METHOD OF PAYMENT: The buyer may pay the price of the product/service in the following ways:
For non-cash payments, the payment methods are connected to STRIPE’s payment gateway, which provides secure technology for accepting credit cards and online bank transfers. Payment card numbers and e-banking passwords are entered through STRIPE’s secure and trusted channel.
You can take advantage of the following payment options:
3.7. PAYABILITY OF THE PURCHASE PRICE: The purchase price is payable within 7 days of the conclusion of the contract (from the date of the invoice), unless otherwise stated. The Buyer’s obligation to pay the price for the Service is fulfilled when the relevant amount is credited to the Seller’s account.
3.8. INSTALLMENT SALES: the purchase price for selected services can be paid in 3 installments, the total purchase price is then increased compared to a situation where the purchase price is paid in one lump sum. The specific amounts and payment period will be determined by separate agreement between the Buyer and the Seller. The service is delivered after the first instalment has been paid. In the event that any of the subsequent instalments are not paid even within 7 days after its due date, the Seller is entitled, after prior notice sent to the Buyer’s e-mail address, to deny the Buyer further access to the Service until the outstanding instalment is paid.
4.1. In the case of online training courses, delivery means the sending of access data by the Seller to the Buyer’s email address specified in the sales form or by sending a URL link. The Seller shall provide the access data to the Buyer only after payment of the full purchase price, unless the purchase of the service on instalments is agreed in accordance with Article 3, Clause 8 of these Terms and Conditions, within three days of payment, but no later than the date set as the start date of the course specified in the course sales form. Online training courses are 85% self-study using the Seller’s eLearning application. A minimum of 15% of the study is in the form of consultation with an instructor. Consultations are conducted live online at a predetermined date and time, Buyer accesses the consultation via a link to Seller’s virtual classroom, Buyer receives a direct link to connect via email. ELearning for self-study includes the course timetable, all study materials, workbooks and progress tests including the final test. The eLearning is logged in on the web interface using the submitted access details. As a condition of completing the course and being eligible for a certificate of completion, you must complete all prescribed course requirements i.e. all progress tests and the final test in eLearning and the prescribed consultation with the instructor within the prescribed scope and time and within the maximum time limit set for completion of the course, see Article 2, Section 8 of these Terms and Conditions.
4.2. For online proficiency tests, delivery means the provision of the purchased service on the specified date and time in the Seller’s virtual classroom. Proficiency tests are always conducted live. Digital content such as PDF texts are, without the live active participation of the Buyer in the exam, of no value.
4.3 For products carried out in person at the Seller’s premises, delivery means the provision of the purchased service at the premises.
4.4.The Seller will provide the access data for the online services to the Buyer only after payment of the full purchase price, and not later than within three days, unless the purchase of the service on installments is agreed upon according to Article 3 point 8 of these Conditions.
4.5 SHIPPING COSTS. Due to the nature of the product, no shipping costs are charged.
4.6 Upon delivery of the product, the Buyer shall check the functionality and availability of the content as soon as possible and identify any shortcomings or defects. If any shortcomings or defects are found, the Buyer shall contact the Seller in order to remedy them.
4.7 The Seller shall make the digital content available to the Buyer on the basis of access data by making available the address of the website where the content is located. The Digital Content requires the Buyer/User to have hardware and software to open and work with pdf documents in order to be fully functional. In order to play the content in eLearning, you must log into your user account by entering your access details. The content can be played using a web browser that supports audio and video playback. The software must contain the usual audio codecs. For online playback of the content, the Buyer/User must be connected to an internet network with sufficient connection speed. In addition, the hardware must be capable of audio and video output. The Seller shall not be liable for the unavailability of the content in case of malfunction or slow speed of the Buyer’s internet connection. It may happen that the content is temporarily unavailable for a short time in case of data maintenance or server outages. The website may be updated without prior notice.
5.1 The access data to the online products or to the relevant URL is intended for the Buyer’s personal use only. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account to the online product or the provided URL. The Seller shall not be liable for any misuse of the username and password by a third party.
5.2 The products sold by the Seller (online courses), including their content, are subject to legal protection under copyright law. Any dissemination or provision to third parties without the author’s consent is prohibited. The right to exercise the right to use the copyright work may only be granted to the Buyer on the basis of a license agreement. The Buyer shall be liable to the Seller for any damage caused by the infringement of the rights to protect the copyright work.
Withdrawal from the contract by the Buyer:
6.1 If the subject of the Purchase Contract is the delivery of Digital Content. As the Buyer, by submitting an order and checking the consent to these Terms, you expressly consent to the Digital Content being delivered to you before the expiry of the withdrawal period. The Buyer acknowledges that in this case he/she has no right of withdrawal (§ 1837 (l) Civil Code).
6.2 Unless it is a case according to the previous paragraph or another case, e.g. the purchase of a proficiency test, where the contract cannot be withdrawn from, the Buyer, if a consumer, has the right to withdraw from the contract within 14 days from the conclusion of the contract in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code. Within this 14-day period, the withdrawal from the purchase contract must be sent by email to elearning@blueskyaviation.cz. The Buyer does not have to justify the withdrawal in any way.
6.3.The Buyer may withdraw from the contract in other cases provided for by law or the Purchase Contract and the Conditions, in particular in the case of defective performance, see Article 7 of these Conditions.
6.4 In the event of the Buyer’s withdrawal from the contract for the online educational product, the Seller is entitled to deactivate and disable the Buyer’s access to the member section of the program immediately upon receipt of the withdrawal.
6.5 The amount will be refunded within 30 days of receipt of the withdrawal email.
Withdrawal from the Contract by the Seller
6.6 The Seller is entitled to withdraw from the Purchase Contract without undue delay if it finds that the other party has breached the Contract in a significant manner. For the purposes of this contract, a significant breach of this contract shall be deemed to be:
6.7 In the event of termination of this Contract pursuant to clause 6.6 of these Conditions, the Seller shall not refund to the Buyer any monies or any part thereof paid by the Buyer under this Contract except as set out in clause 6.8 below.
6.8 In the event that the Seller withdraws from the Purchase Contract because it is unable to meet its obligations under the Purchase Contract, the Seller undertakes to refund the Buyer in full the funds for the Service purchased.
7.1 The rights and obligations of the contracting parties regarding the Seller’s liability for defects, i.e. rights arising from defective performance, are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Service is free from defects upon receipt. In the event that the service upon acceptance is not in conformity with the purchase contract, the Buyer has the right to have the Seller restore the product to the condition corresponding to the purchase contract free of charge and without undue delay.
7.3 The Buyer shall claim the defective performance without undue delay to the Seller, but no later than one month after the acceptance of the service.
7.4 To make a complaint, the Buyer shall contact the Seller by email at elearning@blueskyaviation.cz. The complaint should include a proof of purchase and a description of the defect. The Buyer will be informed by email about the method of handling the claim.
7.5 The complaint will be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period.
7.6 The Seller shall not be liable for any defects that the Buyer may experience due to the Buyer’s slow internet connection, an un-updated internet browser or uninstalled mandatory software to run the online product, which are beyond the Seller’s control. Online educational products contain only instructions and recommendations, nor is the Seller responsible for the Buyer’s success or failure in applying them in practice or on the test.
7.7 If the product has not been delivered to the Buyer within the delivery time, we ask the Buyer to check the “bulk mail” or spam folders first. If he/she does not find the product there either, he/she can make a claim according to the paragraph 7.4 above.
8.1 Because we care about the satisfaction of Buyers with our products, we provide the Buyer with an option for selected products within 21 days of purchase, i.e. sending an access link or URL to the email address provided (in the case of courses that are immediately available to you) or within 21 days of the start of the announced course (in the case of courses with a delayed start), to withdraw from the contract with a money-back guarantee in the event that you are not satisfied with the product or find that the product or programme purchased is not suitable for you, provided that the Buyer has simultaneously completed the prescribed exercises and tests set out in the course prior to the withdrawal from the contract of purchase. Whether a guarantee is provided for a particular product is indicated on the product website.
8.2 Withdrawal from the contract in case of dissatisfaction shall be sent by the Buyer electronically to elearning@blueskyaviation.cz with a statement that he/she withdraws from the contract, the reason for dissatisfaction, with an attached copy of the invoice/tax document and the number of your bank account to which he/she wants to return the money.
8.3 If the Buyer fulfils the conditions of the guarantee, see clauses 8.1 and 8.2, the Seller will refund the course fee within 30 days of the satisfaction guarantee being applied. The money will be refunded to the Buyer in the same way as it was received, within 30 days of receipt of the cancellation email and the receipt of the corrected tax invoice sent to our email address. Upon receipt of the request, your access to the product will be automatically deactivated.
9.1 All products and services provided are for educational and informational purposes in the area of personal development. The information provided by the Seller is for guidance and recommendations only. The success or failure of their use in practice is solely the responsibility of the Buyer.
9.2. Vstupem do online kurzu je Kupující srozuměn, že jakékoli použití informací z tohoto kurzu a úspěchy či neúspěchy z toho plynoucí, jsou pouze v jeho rukách a Prodávající ani autoři online kurzů za ně nenesou žádnou zodpovědnost. Prodávající a autoři online kurzů také nejsou zodpovědní za rozhodnutí Kupujícího, ani za akce Kupujícího založené na informacích a doporučeních v online kurzech.
9.3. Prodávající rovněž neodpovídá za úspěch či neúspěch Kupujícího při profesních zkouškách.
9.4 Throughout the duration of the Online Courses, the Buyer is fully responsible for his/her actions, conduct and decision making. His/her success and development depends not only on the knowledge acquired in the online courses, but also on factors beyond the control of the Seller and the authors of the courses, such as the Buyer’s skills, capabilities, physical abilities and limitations, health, etc.
9.5 Neither the Seller nor the authors of the Online Courses shall be liable for any physical, psychological, material, financial or other damage caused by the use of the information in the Online Courses.
10.1 The Purchase Contract is concluded for a definite period of time, until the Seller and the Buyer fulfill their obligations under the Contract.
10.2 These terms and conditions are displayed on the Seller’s website.
10.3.Complaints and comments of the consumer concerning the contractual relationship concluded between the Seller and the Buyer shall be handled by the Seller. Complaints may be lodged by the consumer at elearning@blueskyaviation.cz. If the complaint is a complaint in its content, the complaint will be handled as a complaint.
10.4 If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
10.5 The Seller reserves the right to modify other rights and obligations of the parties beyond these Terms and Conditions for selected services. These rules will always be stated on the website of the relevant product and take precedence over the provisions of these terms and conditions.
10.6 The Consumer’s data processing and privacy policy is described in a separate document.
10.7 This current version of the Terms and Conditions is valid and effective from 1 January 2024.
10.8 In the event of a change to the Terms and Conditions, the Terms and Conditions in force at the date of purchase shall apply.
