General terms and conditions of SimVentures B.V. (h.o.d.n. SimFlying)

Aalsmeer, Sept. 1, 2024

SECTION I – GENERAL

Article 1. Applicability

  1. These general terms and conditions apply to all our services and offers related to the use of the Boeing 737NG and Airbus A320 Flight Simulator at SimFlying’s premises at Burgemeester Hoffscholteweg 3-01, 1431DN in Aalsmeer.
  2. Where these general terms and conditions refer to “customer” this means the natural (legal) person with whom we have entered into an agreement in the form of a booking for one of the flight simulator sessions, the purchase of a gift certificate and/or a training course.
  3. For questions and/or complaints, SimVentures B.V. can be reached at info@simflying.nl. An (initial) response will follow within 48 hours.
  4. The general terms and conditions are divided into two sections:
    • Section II – Regular booking agreement
    • Section III – Training for businesses and/or healthcare professionals (CRM)

Article 2. Damages

  1. You are not allowed to bring drinks or food into the flight simulator.
  2. Users of the flight simulator are liable for the costs resulting from damage to the simulator due to too heavy-handed operation, acting contrary to the given operating instructions and failure to observe instructions by SimFlying employee(s).

Article 3. Prices

  1. SimFlying’s prices as listed on the website include sales tax (VAT) unless otherwise stated.
  2. In the event of interim price changes, the price at the time the agreement is made and not the price at the time the booking is actually used applies

SECTION II – Regular booking agreement.

Article 4. Establishment of booking agreement for regular bookings

  1. A booking agreement is only established when a booking or gift certificate has been paid in accordance with the instructions on the website of SimFlying or named partners and this booking/gift certificate has been confirmed by SimFlying by e-mail.
  2. It is the customer’s responsibility to report any inaccuracies in the booking or gift certificate confirmation email. This is particularly important if the dates and/or times of booking are incorrect.

Article 5. Cancellation of a booking agreement and/or gift certificate

  1. Canceling a booking agreement or gift certificate is not possible. The right of withdrawal (right of dissolution) as referred to in Article 6:230o of the Dutch Civil Code does not apply to the booking agreement and/or gift certificate. Services around accommodation, transportation, restaurant business or leisure activities, to be performed on a certain date or during a certain period, these are for example trips, events, tickets, etc. are excluded from the right of withdrawal. The exception referred to in Article 6:230p sub e of the Dutch Civil Code applies to SimFlying’s services.

Article 6. Modification of a booking agreement for a regular booking

  1. A customer may rebook the session to another date and/or time at no charge up to 96 hours in advance.
  2. In case of a change within 96 hours, a customer may rebook the session to another date and/or time on payment of 50% of the booking value, with a maximum of €100.
  3. Free rebooking can be done a maximum of once per booking. If a customer has already rebooked once free of charge, a fee of €50 will be charged for a second rebooking.

Article 7. Absence (“no show”) or delay

  1. When a customer does not attend SimFlying on the booked date and time, the right to the booked flight simulator session and any right to a refund of the amount paid are forfeited – regardless of the cause.
  2. If a customer attends SimFlying later than the time specified in the booking confirmation, the right to the full duration of the flight simulator session is forfeited and SimFlying reserves the right to use the end time specified in the booking confirmation.

Article 8. The default of SimFlying

  1. In case SimFlying can foresee that a booking agreement or membership agreement cannot be executed, either due to a serious technical malfunction or otherwise, SimFlying undertakes to notify Customers immediately. Customers who may be affected by this are entitled to a choice between cancellation or modification of the booking agreement, regardless of the deadlines set forth in Articles 3 and 4.
  2. In case a serious breakdown is so unforeseen that customers are already present or en route, the same as under 6.1 applies. mentioned. In addition, SimFlying will offer compensation to the affected customer(s) in the form of offering a free booking.
  3. In the cases as under 6.1. and 6.2. mentioned, SimFlying accepts no liability for reimbursement of travel expenses or travel time on the part of the customer(s).
  4. A serious technical failure means – in addition to the total non-functioning of the simulator – the failure of the image projection and the non-functioning of primary functions of the simulator: the controls and flight displays. Because of the technical complexity of the simulator, smaller imperfections can never be ruled out. Such imperfections do not interfere with a proper flight simulator session and therefore do not fall under the concept of “serious technical failure.”

SECTION III – Training for businesses and/or healthcare professionals (CRM)

Article 9. Formation of booking agreement for training courses

  1. A booking agreement is not established until an offer has been accepted and/or the customer has completed and submitted a registration form on the website.
  2. It is the client’s responsibility to point out any inaccuracies in the training confirmation email. This is particularly important if the dates and/or times are incorrect.
  3. The invoice must be paid within the specified payment period.

Article 10. Cancellation of a training booking agreement.

  1. Canceling a booking agreement for a training course is not possible. The right of withdrawal (right of dissolution) referred to in Article 6:230o of the Dutch Civil Code does not apply to the booking agreement. The exception referred to in Article 6:230p sub e of the Dutch Civil Code applies to SimFlying’s services.

Article 11. Modification of a booking agreement for a training course

  1. A client may rebook training to another date up to 4 weeks in advance at no charge.
  2. In case of a change within 4 weeks, a client may rebook the training to another date on payment of a rebooking fee of €250.
  3. Free rebooking can be done a maximum of once per booking. If a customer has already rebooked once at no cost, a fee of €150 will be charged for a second rebooking.