1.  Contract 

 

These terms and conditions form an integral part of the agreement between AviaQuality and the Customer and may include terms and conditions laid down in a separate contract between AviaQuality and the Customer.

The Privacy Policy of AviaQuality constitutes an integral part of these Terms and Conditions. 

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2.  Payment of the Services 

 

Payment for any service is due 30 days prior to the beginning of the event (audits or any other consulting services), unless otherwise agreed in writing in the contract.

All services and related outcomes (e.g. reports etc. ) will remain property of AviaQuality until the related services are fully paid.

 

3.  Customer's Obligations

 

• AviaQuality shall be granted by the Customer free access to the premises and to any free of charge information, records, data, documents and any other material (including the ones produced or obtained by the Customer during the course of the service) needed by AviaQuality for the conduct the contracted service for the period of validity of such contract.

• For the defined period of the on-site service at the Customer's premises, the Client shall ensure AviaQuality’s personnel is covered under the Customer's existing liability insurance.

• The Customer shall ensure all properties of AviaQuality are safeguarded and secured

• The Customer shall ensure appropriate personnel are assigned to liaise with AviaQuality’s personnel.

• The Customer and any affiliated company shall not attempt to solicit personnel from AviaQuality (including AviaQuality’s employees as well as contracted personnel) in the frame of all types of work scopes, including all aviation’s and other industries’ operational areas including safety, quality and compliance domains.

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4. AviaQuality's Obligations

 

AviaQuality shall provide the services with reasonable attention and competency to the best of its ability with the necessary care required according to internationally accepted standards and practices in particular within the aviation business.

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5. Service Language

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The official language for all written and oral communications relating to the services is English.

6.Use of Subcontractors and Experts reassignment

 

• AviaQuality may involve subcontractors without the prior consent of the customer.

• AviaQuality may at its discretion replace assigned personnel. In this situation prior notification to the Customers shall be done by AviaQuality.

• AviaQuality’s experts shall remain employees of AviaQuality or the subcontractor during the service performed for the Customers as per contract.

 

7. Contract Termination

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A party may terminate the contract prior to the expiration of the contract term for any of the following reasons: 

• The other party becomes insolvent or does not fulfill its obligations under the contract

• If the non-fulfilling of the obligations continues after one week following written notification (of the non-fulfilling) from the impacted party. 

• The other party fails to discharge its contractual obligations or acts to jeopardize the due and proper discharge of its contractual obligations.

A party shall promptly notify the other party in writing of the occurrence of any of the events described this applicable clause. Should this not be the case this will be considered as a material breach of the contract.

 

8. Travels and Accommodation

 

Unless otherwise stated, the Customer shall be responsible for:

• Booking hotel and travel reservations (incl. all changes or cancellations) 

Note: confirmed business class tickets for long-haul flights (4+ hours) and at least an internationally recognized 4-star airline hotel are required. 

• Ensuring that Incidental hotel charges are borne by the Customer. 

      AviaQuality will not assume liability for commitments arising from hotel reservations.

• Possible costs arising from travel restrictions including, but not limited to, insurance policies, medical checks, tests, quarantine and/or other associated measures.

• When applicable, takin care of the expert’s entry visa and related formalities 

Ensuring ground transportation is provided for the experts

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9.  Health and Hygiene 

 

In order to maintain a safe working environment in consideration of COVID-19 pandemic and other similar unforseeable events, the Customer  should ensure that the necessary health precautionary measures and guidelines from the applicable authorities are observed.

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10. Customer's planning changes requests or cancellation

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Should any need from the  Customer raises with regards to any preference in planning, or planning change,  of an event, AviaQuality will tentatively reserve the requested dates, but will only confirm them once the signed quote or contract has been sent to AviaQuality’s headquarters. This must be done in due time prior to the planned on-site event. 

If the signed contract is not received in due time at AviaQuality’s headquarters, AviaQuality’s may reschedule the dates for the next available time slot.

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If an event is cancelled for any unforeseen reasons (e.g. illness of the auditees without possibility of equivalent replacement or emergency situations etc.), event of force majeure (e.g. coronavirus or other pandemics), or due to legal or official requirements (e.g. in the form of regulations, general rulings or administrative acts) an alternate date will be arranged. If this will not be immediately possible reiboursement will be made of the paid fees.

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In case of a cancellation, the Customer will notify AviaQuality in writing (e-mail or by other means) or by phone.

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11. Cancellation by AviaQuality

 

If an event is cancelled for any unforeseen reasons (e.g. illness of the consultant/auditor etc.), event of force majeure (e.g. coronavirus or other pandemics), or due to legal or official requirements (e.g. in the form of regulations, general rulings or administrative acts) an alternate date will be arranged. If this will not be immediately possible reiboursement will be made of the paid fees.

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In case of a cancellation, AviaQuality will notify the Client in writing (e-mail or by other means) or by phone.

 

12. Copyright/Intellectual Property

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The material used for the services is protected by copyright in which AviaQuality has explicit rights. ​

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The AviaQuality company logo is a registered trademark. The brand names and specific services of AviaQuality featured on the website are trademarked. Prior to the use of AviaQuality's  name, brand or logo in any publication or official statement, formal written permission from AviaQuality is required.

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13. Exclusions and Limitations of Liability

AviaQuality, its personnel and its subcontractors shall not be liable for any direct or indirect damage to, or loss of property, injury to or death of or any other damage sustained by the customer, its personnel, agents or third parties, due to or in connection with or as a consequence of the performance or non-performance of work under these Standard Terms and Conditions, unless caused by willful misconduct or gross negligence of AviaQuality personnel and the customer shall indemnify and hold harmless AviaQuality, its personnel and its subcontractors against any and all such claims, including costs and expenses incidental thereto.

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In any case AviaQuality will not be liable for any consequential damages and its liability under this Agreement shall be limited to the amount received by AviaQuality for services already performed in the course of the service as at the time the damage occurred.

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14. Terms of Validity

Any defined contract shall enter into force upon signing by both parties and shall remain valid until the service has been rendered in full.
It may be terminated by either party for good cause only subject to written notice.

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Failure to pay within the defined time will constitute good cause to terminate the Agreement immediately, without further responsibility.
In this case AviaQuality will receive from the Customer the remuneration for services already rendered until the date of receipt of the written notice.

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15. Changes to these Terms and Conditions

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AviaQuality reserves the right to change these Terms and Conditions from time to time as it deems necessary for the continuous improvement of its services to the Customer.

The Customer's continued use of the site will signify the Customer's acceptance of any amendment thereto.

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Any document requiring signature (e.g. Contract) by duly authorised executives of both parties may be amended only in writing that is signed by duly authorised executives of both parties. Additional connected documents or Annexes shall become full part of it. 

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If in the course of the service AviaQuality, based on the experience made from the performance of such services, deems necessary or advisable to modify the contractual performances, the parties will come to an agreement regarding such modifications. A written proposal concerning the suggested alterations will be submitted to the Customer.

 

If, within 14 days of receipt of the AviaQuality's proposal, the Customer does not substantiate any doubts and propose economically equivalent alternatives in writing, AviaQuality's proposal will be considered approved by the Customer.

 

16. Place of Jurisdiction

 

Kloten in Canton Zurich, Switzerland, is the place of business and therefore AviaQuality falls under Zurich Canton’s legal jurisdiction.

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17. Privacy Policy

 

The participants agree to provide AviaQuality for the only purpose to perform the contracted service, all necessary information (for example Billing data and record) as described in the General Policy Privacy of AviaQuality published in AviaQuality’s website.

 

18.  Communication

 

Contact AviaQuality (Ref . Contact section of this website) for any information concerning course confirmation, invoices, etc.

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Zurich, 31.03.2023

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