Course Terms & Conditions

Course Terms and Conditions

Please read these Terms carefully before purchasing a Course and print off or save a copy for your records. You are contracting with Consortiq Limited. UAVAir is a trading name of Consortiq Limited. UAVAir is Consortiq Limited’s drone training division. www.uav-air.com is operated by Consortiq Limited (trading as UAVAir) with company number 09379801, its registered office at Merlin House, Meteor Way, Lee-On-The-Solent, England, PO13 9FU.

UAVAir will not file or otherwise keep a copy of the agreement concluded between you and UAVAir and a copy of the concluded agreement will not be available from UAVAir at a future time and date. By ordering a Course, you are confirming your agreement to be bound by these Terms.

1. Definitions

Additional Charges” means any amounts payable that are not Fees and may include, but are not limited to, payment for the delivery of Study Materials, any re-sit fees which UAVAir may charge from time to time if applicable, any administration charge for switching location of a Course, additional services, examination entries and re-sit fees and any import duties, taxes and customs clearances which may be payable;

Brochure” means any online or hard copy document that is produced by UAVAir to provide detailed information with respect to the Courses these Terms cover;

Cancellation Fee” means the fee payable if you cancel your Course without sufficient notice, as set out in Clause 5.9 of these Terms;

Course” means either a single Instructor-Led Course or a single Online Course, whichever is purchased by you;

Deferral Fee” means the fee payable if you defer the date of your Course without sufficient notice, as set out in Clause 5.9 of these Terms;

Fee” means the fee payable for the Course and/or Study Materials and shall exclude any VAT payable and excludes Additional Charges;

Flight Assessment” means an assessment of a student’s ability to fly a drone. The assessment is available to individuals who have already passed the theoretical course with UAVAir or an equivalent NQE. The assessment is also available to current operators aiming to qualify on a different class of drone;

Instructor-Led Course” means a Course that is not an Online Course and is delivered in person by an instructor (and, if applicable, the relevant Study Materials to be provided by UAVAir for the Course);

Online Course” means a Course delivered online and, if applicable, the relevant Study Materials to be provided by UAVAir for the Course;

Online Study Materials” means, but is not limited to, Online Tests, Online Tutorials and Online Downloads;

Study Materials” means, but is not limited to, online theoretical training, question banks, review exercises, mock exams (papers and suggested solutions), course companions, online study materials, and study texts;

Terms” means these Terms and Conditions;

UAVAir” means Consortiq Limited (trading as UAVAir) with company number 09379801 and registered office at Merlin House, Meteor Way, Lee-On-The-Solent, England, PO13 9FU;

Website” means www.uav-air.com; and

you” means the person or legal entity purchasing the Course.

2. Ordering Procedure

2.1. Unless otherwise agreed with UAVAir in writing, all course bookings will be made via the Website or by telephone.

2.2. When you place an order for a Course you are offering to purchase that Course on these Terms. UAVAir reserves the right to decline or cancel your order, or any part of your order.

2.3. Following receipt by UAVAir of your order for a Course and, where applicable, payment of the Fee you will receive an email confirming that your order has been received by UAVAir. Your order will be subject to acceptance by UAVAir of your offer to purchase in accordance with clause 2.5 below.

2.4. A legally binding agreement shall not come into existence until UAVAir has accepted your offer to purchase a Course by:

a) sending you an order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided; and

b) receiving payment for the Course in cleared funds from yourself or if applicable your employer in accordance with these Terms.

2.5. If you place an order for multiple Courses, or for multiple places on the same Course, then each individual Course or place will be treated by UAVAir as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses or places will not be an acceptance by UAVAir of your offer to purchase any other Courses which make up your order.

2.6. UAVAir reserves the right to withdraw, at any time Courses advertised for sale on the Website and/or the Brochure.

3. Payment Terms

3.1. The Fee for any Course at any given time will be displayed on the Website and the Brochure and/or will be notified to you by a UAVAir Customer Services representative. Fees are quoted and payment shall be made in pounds sterling, exclusive of VAT and any Additional Charges.

3.2. If you purchase a Course on the Website:

a) the Fee excluding VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and

b) UAVAir will debit the Fee from your credit card or debit card on or after the day you make an order for a Course. Your order will be confirmed only upon receipt of the Fee in cleared funds by UAVAir and will be subject to acceptance of your offer to purchase by UAVAir in accordance with clause 2.

3.3. The provision of the Course is contingent upon UAVAir having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Course. Without prejudice to UAVAir’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee or within 30 days from the date of the invoice if your employer is responsible for paying the Fee, save that payment will be due immediately if booking is made less than 30 days before the Course start date), UAVAir reserves the right, forthwith and at UAVAir’s sole discretion, to suspend the provision to you and refuse you entry to the relevant Course.

3.4. Where you choose to invoice your employer for the payment of the Fee, the following additional terms shall apply:

a) upon receiving your order form signed by the training manager or other individual designated by your employer, UAVAir will send a ProForma invoice to your employer so that your employer can raise a purchase order, from which UAVAir will issue a VAT invoice;

b) full payment in cleared funds of the Fee is due from your employer within 30 days from the date of the VAT invoice;

c)payment is due immediately if booking is made less than 30 days before the Course start date;

d) you and your employer are joint and severally liable for all unpaid invoices; and

e) you authorise UAVAir to release to your employer details of your attendance, marks, exam results, general progress reports and any other information reasonably requested by your employer and which UAVAir in its sole discretion considers appropriate for it to provide.

3.5. No Study Materials will be made available online, dispatched to you by UAVAir or be made available for collection, unless UAVAir has received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Fee.

3.6. UAVAir reserves the right to charge late payment interest on any overdue amounts, at a rate of 6% a year above the base lending rate of the Bank of England from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay UAVAir interest together with the overdue amount.

3.7. UAVAir reserves the right to recover any reasonable debt collection costs in connection with these Terms.

3.8. UAVAir will not bear your travel or accommodation expenses.

4. Deferral of your Course

4.1. Subject to Clause 4.2 below, you may defer the date of your Course by sending notice to UAVAir before the date your Course was scheduled to take place. Your notice should be sent by email to: info@uav-air.com.

4.2. Your right to defer is subject to the following:

a) if you defer your Course with 30 days’ notice or less before it was scheduled to take place, then you must pay the relevant Deferral Fee set out at clause 5.9 below;

b) if you defer your Course on more than one occasion, the relevant Deferral Fee (if any) will be payable each time you defer;

c) all parts of your Course (including the Ground School, Flight Assessment and Operational Manual) must be completed within 12 months of the date that you originally placed your order for the Course (which means you will not be permitted to defer any part of your Course if the new date would fall after this 12 month period); and

d) if you fail to complete any part of your Course within 12 months of your original order date, then:

i. you will not be entitled to a refund of your Fees for any parts of your Course that you have not completed with the 12 month period; and

ii. if you still wish to complete your Course, you will need to make, and pay for, a new Course booking.

Paragraph (d) will not apply where you have been unable to complete your Course because of the actions of UAVAir; for example, if UAVAir has cancelled or deferred your original Course date. However, for clarity, there is no obligation on UAVAir to add additional course dates so that you can complete your Course within the 12 month period.

4.3 If your Course cannot be performed on the agreed date due to force majeure, any other reasons beyond UAVAir’s reasonable control (including where the instructor is ill), or because it could only be performed with unreasonable economic effort, then UAVAir may defer the Course to the next possible date (to be agreed with you).

5. Cancellation of your Course

General

5.1 Subject to Clause 5.2 below, you may cancel your Course by sending notice to UAVAir before the date of your Course. Your notice should be sent by email to info@uav-air.com.

5.2 If you cancel your Course then UAVAir will refund your Fee, but any refund is subject to the following conditions:

a) if you cancel more than 30 days before the Course date then UAVAir will refund your Fee in full, less: (i) any fees for Online Courses or Online Study Materials that you have already accessed; and (ii) any applicable charges that UAVAir incurred sending Study Materials to you (including the cost of printing and delivering the materials);

b) if you cancel with 30 days’ notice or less, then, subject to clause 5.7 below, UAVAir reserves the right to charge you a Cancellation Fee (as set out in Clause 5.9 below), which UAVAir will deduct from any refund due to you;

c) you must return to UAVAir, within 14 days of cancelling your Course, any Study Materials you have received (at your cost);

d) if you fail to return any Study Materials, or any Study Materials are not returned in a re-saleable condition, then UAVAir reserves the right to:

i. withhold payment of all or part of your refund; and/or

ii. deduct the value of any lost or damaged Study Materials from any refund due to you (and if the value of the relevant Study Materials exceeds the value of your refund, UAVAir may charge you for the excess amount); and

e) if you defer your Course and then later decide to cancel it altogether, any refund of your Fees when you cancel will be calculated based on the amount of notice (if any) you gave of your cancellation in advance of the original Course date (not the deferred date of your Course). This means if you cancel your Course after your original Course date you will not be entitled to a refund of your Fees.

5.3 Refunds will be made using the same method of payment you used to book your Course and will be paid within 14 days of you informing UAVAir of your cancellation (note: the period for completing a refund will increase to 30 days if UAVAir is unable to credit a UK bank account).

5.4 If you have chosen to invoice your employer for your Course and at the time of cancellation:

a) The relevant invoice has not been paid, then UAVAir will cancel the invoice and, if applicable, reissue a new invoice for the applicable Cancellation Fees (if any); or

b) the relevant invoice has already been paid, then UAVAir will credit the refund to your employer’s bank account (less any applicable Cancellation Fees). For monetary returns, UAVAir will required a request in writing from your employer.

5.5 Each booking is personal to the named individual booked on the Course and cannot be transferred to another person, unless agreed in writing by UAVAir.

5.6 If you have purchased multiple Instructor-Led Courses as part of a UAVAir membership or UAVAir package and you cancel or defer one or more of those Instructor-Led Courses, then each Instructor-Led Course will be treated separately and the relevant cancellation and deferral terms will apply to each cancellation or deferral.

Cancellation by consumers

(Note: Consumers are people who purchase goods and services for personal use. If you are booking a course for a CAA Permission for Commercial Operations, then it is assumed you are not a consumer but are a business)

5.7 If you are a consumer and you send your cancellation notice to UAVAir within 14 days of completing your order (the “Cancellation Period”), then you have the right to cancel your purchase and receive a full refund (without any Cancellation Fees). However, your right to cancel and obtain a full refund will be lost if:

a) you gave UAVAir express consent to supply any services during the Cancellation Period and those services have been performed (this consent includes ticking the box giving such consent at time of purchase); and/or

b) your order was for the supply of digital content (including but not limited to Online Courses and Online Study Materials) and either: (i) you gave UAVAir express consent to supply the digital content to you during the Cancellation Period; or (ii) you have accessed the digital content during the Cancellation Period.

Note: If express consent has been given and a service has only been part performed, you will be liable to pay for the services actually received.

5.8 For clarity, if you cancel your Course during the Cancellation Period, any refund will still be subject to the relevant conditions and deductions described in Clauses 5.2 (a), (c), (d) and (e).

Cancellation Fees and Deferral Fees

5.9 The relevant Cancellation Fees and Deferral Fees are set out in the table below:

Notice Period

(The number of days’ notice you provide to UAVAir before your scheduled Course date)

Cancellation Fee

Deferral Fee

Have accessed Online

Learning Portal

Have not accessed

Online Learning Portal

Ground School

Flight Assessment

≥ 30 Days

£250

No Fee

No Fee

No Fee

29 – 11 Days

£500

£250

£250

£35

10 – 5 Days

£800

£800

£500

£75

≤ 4 Days

£999

£999

£500

£75

On the day

Full Fee*

Full Fee*

£500

£215

*Note: if you cancel your Course on the day, you will not be entitled to a refund and your full Course Fee will be payable.

Cancellation by UAVAir

5.10. If: (a) UAVAir declares that a Course is subject to a minimum number of participants and that minimum number of participants is not reached; or (b) a Course cannot be performed due to force majeure or other reasons beyond UAVAir’s reasonable control, then UAVAir may cancel the Course.

5.11. In the circumstances set out in clause 5.10, UAVAir will use reasonable endeavours to notify you about the cancellation at least one week before the Course start date. Any Fees paid by you will be refunded, but UAVAir excludes liability for any other losses or expenses you may incur as a result of the cancellation.

6. Courses

6.1. Please see the description of the Course on the Website and/or in the Brochure for details of the contents of the available Courses.

6.2. Except as set out in the description of the Course on the Website and/or in the Brochure, no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by UAVAir.

6.3. You acknowledge that UAVAir operates a zero-tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at UAVAir’s staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. UAVAir may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Instructor-Led Course to any student and may refuse to admit to, and may remove from any UAVAir premises, any student whose participation in any Instructor-Led Course would, in UAVAir’s reasonable opinion, be undesirable or whose behaviour UAVAir considers is or may be in breach of these Terms.

6.4. You must comply with all health and safety rules and regulations and any other reasonable security requirements (including relevant safety and accident prevention rules applicable for training within UAVAir) that apply at the premises at which Instructor-Led Courses are provided.

6.5. You must only use the premises at which Instructor-Led Courses are provided for the purposes of participating in Instructor-Led Courses.

6.6. Training will take place at the UAVAir training premises or at the client premises as specified. Daily schedules of training will correspond with the customary working hours of UAVAir unless otherwise agreed upon in writing. UAVAir is responsible for performing the training. UAVAir reserves the right for the training to be partly or wholly performed by duly qualified third parties in UAVAir’s name. In all circumstances, certification will be effected by UAVAir.

6.7. If you require a visa to enable you to study with UAVAir then you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.

6.8. When you attend an Instructor-Led Course you must: (a) bring with you a valid form of photographic identification to confirm your identity; and (b) if required by the instructor, sign an attendance register for the Course. Note: we may be required to take a copy of your photographic identification in order to comply with the requirements of our Awarding Body. Any copies will be held in accordance with clause 11 (Data Protection).

6.9. Your personal possessions are your sole responsibility and UAVAir accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised to keep your valuables with you at all times during any Instructor-Led Course.

6.10. If a successful completion of the training requires any test or examination, the test or examination will be made according to the applicable UAVAir rules. UAVAir does not warrant that the participant will reach the intended training level, nor does UAVAir warrant that a participant will pass the exam.

7. Regulatory and legislative change

Certain Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, UAVAir may produce Courses covering the new material. If new legislation or regulations supersedes existing Courses, these may be available for purchase as new Courses.

8. Warranties

8.1. UAVAir will provide the Study Materials in accordance with the Course description that is set out on the Website.

8.2. UAVAir expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. UAVAir does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

8.3. UAVAir does not make any representation, guarantee or commitment to you that the Study Materials will be error free.

8.4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

9. Limitation of liability

9.1. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or fraudulent misrepresentation; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

9.2. Except as set out in these Terms, UAVAir shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

a) indirect or consequential losses;

b) loss of income or revenue;

c) loss of business;

d) loss of anticipated savings; or

e) loss or corruption of data.

9.3. Save as otherwise set out in this clause 9, UAVAir’s maximum aggregate liability to you for any claims that you may have against UAVAir for direct loss in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.

9.4. UAVAir will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond UAVAir’s reasonable control. This condition does not affect your statutory rights.

9.5. Each provision in this clause 9 shall be construed separately as between you and UAVAir. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

10. Intellectual property

10.1. At all times, UAVAir and/or its licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of UAVAir.

10.2. In consideration of receipt by UAVAir of the Fee, UAVAir grants to you a non-exclusive, non-transferable licence to use the Study Materials for the sole purpose of studying for the Instructor-Led Course and/or the Online Course.

10.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program.

10.4. Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either UAVAir’s copyright or UAVAir’s other intellectual property rights, and/or the copyright or other intellectual property rights of UAVAir’s licensors.

11. Data protection

11.1 UAVAir acts as a data controller in the provision of its services. UAVAir complies with the Data Protection Act 2018 and the GDPR. UAVAir uses the personal data you provide to it to provide you with the services you have requested, to maintain UAVAir client records and to comply with the legal and regulatory requirements that apply to UAVAir. UAVAir’s Privacy Policy provides further information on its processing of personal data (https: https://consortiq.com/en-gb/privacy-and-cookies).

11.2 UAVAir will keep your data confidential and in accordance with its policies, but will provide it to colleagues and to other professional advisors connected to the provision to you of UAVAir’s services only where you so instruct, or where UAVAir believes doing so will enhance UAVAir’s services to you. Where UAVAir does so it will ensure that such colleagues and other professional advisors are bound by obligations of confidentiality. UAVAir will take appropriate technical and organisational measures against unauthorised or unlawful processing, accidental loss or destruction of, or damage to, any personal data processed on your behalf. UAVAir will notify you without undue delay on becoming aware of a breach of your personal data.

11.3 UAVAir may hold copies of your personal data on computers outside of the EEA in which case UAVAir shall ensure that it puts in place adequate safeguards to protect your personal data. Where UAVAir uses subcontractors who carry out processing of personal data on UAVAir’s behalf then UAVAir will ensure it will have in place written agreements with such subcontractors which incorporate the relevant data protection provisions for the use of processors.

11.4 You have various rights in respect of the personal data that UAVAir holds about you as detailed in its Privacy Policy.

11.5 In accordance with UAVAir’s Privacy Policy, UAVAir may from time to time send you information which UAVAir thinks might be of interest to you or information about changes to UAVAir’s services. If you do not wish to receive this, then please notify UAVAir in writing.

12. General

12.1. UAVAir may update or amend these Terms from time to time to comply with law or to meet its changing business requirements. We will notify you of any updates or amendments that may have material detriment to you.

12.2. These Terms and the Website Terms of Use (if you purchase the Course via the Website) constitute the entire agreement and understanding between you and UAVAir and supersede and replace any other terms and conditions previously published by UAVAir and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by UAVAir to you, whether oral, written or otherwise, relating to the subject matter of these Terms.

12.3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless UAVAir agree in writing.

12.4. UAVAir may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

12.5. No relaxation or delay by UAVAir in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by UAVAir in writing.

12.6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

12.7. Any notices required to be served on you by UAVAir under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at UAVAir’s discretion. Any notices required to be served on UAVAir by you will be deemed properly served if sent to the address as per clause 13.

12.8. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

12.9. The agreement between you and UAVAir will be concluded in English only.

12.10. The agreement between you and UAVAir which is compromised in these Terms is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

12.11. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.

13. Contact UAVAir

Consortiq Limited (trading as UAVAir)

Merlin House, Meteor Way, Lee-On-The-Solent, England, PO13 9FU

Email: info@uav-air.com

Telephone: +44 (0)208 0450 322