SK.ATO.18

General terms and conditions

Article I

Introductory provisions

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations of the provider, which is the company Sky Story, p. r. o., Majerská cesta 33, Banská Bystrica 97401, IČO: 53 298 250, entered in the Commercial Register of the District Court of Banská Bystrica, section: Sro, file no. 39663 / S (hereinafter referred to as the “Provider”) and the Client, which is an entrepreneur or consumer (hereinafter referred to as the “Client”), who uses or purchases educational services provided by the Provider on the basis of a contractual relationship and these GTC.

1.2 For the purposes of these GTC, the term:

Contracting parties: the Provider and the Client together;
Contracting Party: Provider or Client separately;
Service: professional courses, professional trainings, seminars, trainings, workshops or conferences provided by the Provider for the Client according to the offer published on the website www.skystory.sk.
Consumer: a natural person who, when concluding and performing a contract, does not act within the scope of the business activity;
Entrepreneur: a person who acts within the scope of business activity when concluding and fulfilling a contract. If the Customer states his identification number (IČO) in the order process, he declares that he is acting within the scope of his business activity.
Contract or contractual relationship: arises between the Provider and the Customer for the purpose of providing the Service by the Provider for the Customer (i) on the basis of its conclusion in writing, (ii) on the basis of an order placed by the Customer via a completed and sent electronic form published on www.proaviate.sk , which the Provider has confirmed to the Client, (iii) orders placed through a completed written form, which the Provider has confirmed to the Client in writing;
Order: a completed form (in writing or electronically) confirmed by the Provider, on the basis of which the Provider provides Services to the Customer;
Provider’s website: www.skystory.sk.
Schedule: a binding document for the Customer, which contains an indication of the specific dates and times of the individual parts of the Service.
1.3 These GTC are binding for the Contracting Parties. In the event of a conflict between the Agreement, the Schedule and these GTC, the individual documents are binding in the following order:
(i) the Contract;
(ii) Schedule;
(iii) GTC.

1.4 The supervisory authority is the Slovak Trade Inspection, Bajkalská 21 / A, P.O.BOX 5, 820 07 Bratislava with its website www.soi.sk.

1.5 The list of Services provided by the Provider on the website www.skystory.sk is a catalog of commonly provided educational services of the Provider. The information contained in this list of Services as well as the stated availability of the Services are for information purposes only. The Provider will confirm the specific availability of the Service to the Customer via e-mail based on the Customer’s request.

1.6 The Provider can also be contacted via the following contact details:
(i) correspondence address: Majerská cesta 33, 974 01 Banská Bystrica;
(ii) e-mail: info@skystory.sk;
(iii) telephone number: 0903 155 177 or 0905 802 842.

Article II
Conclusion of the Contract and acceptance of the order

2.1 The contract between the Customer and the Provider arises:
(i) by closing it in writing;
(ii) on the basis of an order placed by means of a completed and sent electronic form, the contract being created at the moment of sending the confirmation of acceptance of the order by the Provider;
(iii) on the basis of the Customer’s order placed through a completed and confirmed form by the Provider.

2.2 If the Provider does not confirm in writing to the Client the acceptance of the order according to point 2.1. (ii) and (iii) of these GTC, it is valid that the Contract was not concluded.

2.3 By checking the box “I agree with the general terms and conditions” in the electronic form and sending it, the Customer confirms that he has read and agrees with these GTC and undertakes to comply with them.

2.4 In the event that the Contract is concluded in accordance with point 2.1. (i) or (iii), the Client confirms that before signing the contract or order in writing he has become acquainted with the content of these GTC, his content is known to him and fully agrees with these GTC and undertakes to comply with them.

2.5 By concluding the Contract between the Provider and the Client, the GTC become a part of it and are binding between the Contracting Parties.

Article III
Prices and payment terms

3.1 The prices of individual Services are listed on the website www.skystory.sk in the description of the specific Service. If the price published on the website www.proaviate.sk is not in the description of the Service, the Provider of the Clients will notify it on the basis of its inquiry. The Provider is entitled to provide the Client with an individually determined price, which is not binding for the Client without the consent of the Client.

3.2 In the case of concluding the Contract pursuant to point 2.1. (i) and (iii), i.e. when concluding the Contract in writing or by means of a written (not electronic) order, the price of a specific Service

would be specified directly in the Treaty.

3.3 The Customer is obliged to pay for the Service the price of the Service, which is specified in the Contract. If a specific price of the Service is not specified in the Contract, the Customer undertakes to pay the price of the Service stated on the website www.skystory.sk for a specific Service valid at the time of concluding the Contract.

3.4 The price of the Service is payable for the entire period (duration) of the Service and in its entirety. In the event that the Provider and the Customer agree separately, the Client may also pay the price of the Service to the Provider in the form of installments according to a mutually agreed installment calendar.

3.5 The price of the Service is payable on the day specified in the tax document issued to the Client by the Provider, but no later than on the day of commencement of the Service (day of the first lesson according to the Schedule), unless otherwise stipulated in the Contract.

3.6 Any payment by the Customer to the Provider shall be deemed paid on the day of its crediting to the Provider’s account.

3.7 If the Customer does not pay the price of the Service properly and on time, the Provider is entitled to withdraw from the Contract.

3.8 If the Customer does not pay the price of the Service properly and on time, in addition to withdrawal from the Contract, the Provider may require the Customer to pay a contractual penalty of 0.1% of the price of the Service, for each day of delay with proper payment of the Service. The right to compensation for damage and other claims of the Provider by payment of the contractual penalty are not affected.

3.9 The Provider has the right to refuse to provide the Service to the Client who has not paid the price of the Service in accordance with the Contract and these GTC in the time before the start of the provision of the Service.

3.10 The Provider shall issue to the Client for the purpose of paying the price of the Service, or for the payment of other claims or costs under the Contract and these GTC, a proper tax document – invoice. The provider is also entitled to issue an invoice in electronic form, which is a full-fledged tax document. The Client agrees with the electronic invoice, requests its issuance in electronic form and sending it to the e-mail address specified in the Contract or otherwise notified in writing or electronically to the Provider. The Client is entitled to revoke its consent to the electronic invoice at any time by a written notice sent to the Provider’s address.

3.11 The Client is obliged to pay the Price of the Service to the Provider exclusively to the Provider’s bank account.

3.12 The Provider is not a payer of value added tax (VAT) according to Act no. 222/2004 Coll. on value added tax, as amended. All prices for the Service are therefore final.

3.13 The Provider is entitled to unilaterally adjust these GTC as well as the prices of the Services, which it will publish on its website www.proaviate.sk. From the moment of publication of new GTC or prices of the Service on the Provider’s website www.skystory.sk, the GTC and prices of the Services are governed by the changed, new provisions. For the Clients who have already concluded Contracts, the GTC and the prices valid at the time of concluding the Contract apply, unless the Contracting Parties have agreed otherwise.

Article IV
Method of providing the Service

4.1 For the proper provision of the Service, the Customer is obliged to comply with the provisions of the Agreement and these GTC. In addition to the Agreement and the GTC, the Client is also obliged to comply with the instructions published on the Provider’s website www.proaviate.sk and the Schedule, or other documents containing instructions for the provision of the Service delivered to the Client by the Provider.

4.2 The Provider will provide all information necessary for the proper performance of the Service, in particular the exact Schedule with the dates, times and venues of the individual phases / lessons of the Service.

4.3 The Provider is obliged to provide the Services with professional care and in accordance with the instructions and information provided to the Client within the agreed term or at another date on the basis of a mutual agreement or in accordance with these GBTC.

4.4 The Provider is obliged to inform the Customer about the facts important for the proper performance of the Service.

4.5 If co-operation on the part of the Client is necessary for the fulfillment of the Provider’s obligation, the Client is obliged to provide such co-operation immediately at the Provider’s request, especially in cases where the Provider requests the Client to send more detailed, correct or additional information and data to the Contract or Service.

4.6 The Provider proceeds independently in the provision of the Service, while it is not bound by the instructions of the Customer. The Provider is entitled to leave the provision of the Service to third parties (subcontractors).

4.7 If the non-fulfillment of any obligation of the Customer or the Provider was caused by force majeure, the Client or the Provider shall not be liable for such non-fulfillment, unless it could be fairly required of them to prevent non-fulfillment of their obligations due to force majeure.

4.8 For the purposes of these GTC, force majeure is considered to be any event independent of the will of the Provider or the Client, which prevents the fulfillment of obligations and which could not have been foreseen at the time of concluding the Contract. Force majeure is considered to be, in particular, a natural disaster, fire, explosion, strong storms,

earthquakes, floods, war, strike or other events beyond the control of the Client and the Provider.

4.9 For the duration of force majeure, the fulfillment of the obligation under the Contract shall be suspended until the consequences of force majeure are removed. For the avoidance of doubt, during the consequences of force majeure, the deadlines under the Contract, these GTC, the Schedule or other instructions of the Provider do not follow. In the event that force majeure causes non-compliance with the Service Schedule, the Provider has the right to determine alternative dates for the Service Schedule for the Client.

4.10 The Client acknowledges and agrees that the Provider is not responsible for non-compliance with the Service Schedule or deadlines under the Contract and these GTC in case the non-compliance with the Service Schedule or deadline occurred due to incapacity for work of the Provider or its authorized lecturer / trainer or other employee. In such a case, the Provider undertakes to agree without undue delay with the Client on an alternative date of the Service Schedule.

4.11 In the event that the capacity of the Service selected by the Client is fulfilled, the Provider is entitled to inform the Customer about the capacity of the Service term being fulfilled and to recommend an alternative date to the Customer. In the event that the replacement date does not suit the Client, the Provider is entitled to provide the Client with another replacement date. In the event that none of the replacement dates is reasonably met by the Client, the Client is entitled to withdraw from the Contract.

4.12 The Provider has the right to change the date or place of the Service specified in the Schedule, instructions or other documents submitted to the Client by the Provider no later than three days before the start of the Service. The Provider is obliged to notify the Client in advance of any change in the date or place of the Service, by e-mail or SMS, to the contact details provided by the Client when concluding the Contract.

4.13 In the event of a change in the date or place of the Service, the Customer may accept the changed date or place of the Service or withdraw from the Contract.

4.14 If the Customer does not respond to the Provider’s notification when changing the date or place of the Service, it is considered that the Customer agrees to change the date or place of the Service.

4.15 The Provider is not liable for any damage caused by the Customer through its fault or inaction, in particular, but not exclusively, failure to maintain knowledge, non-registration, failure to attend the exams related to the qualification, which is a prerequisite.

Article V
Fundamental rights and obligations

5.1 The basic rights and obligations of the Provider include:
(i) The Provider is obliged to deliver the Service in the agreed quantity, quality and term on the basis of the Contract and these GTC;
(ii) The Provider is obliged to ensure that the delivered Service meets the requirements in accordance with the applicable legal regulations;
(iii) The Provider is obliged to hand over to the Client all documents necessary for taking over and using the Service and other documents related to the Service (certificates, evaluations, certificates);
(iv) The Provider has the right to proper and timely payment of the Service Price from the Customer.

5.2 The basic rights and obligations of the Customer include:
(i) The Customer has the right to deliver the Service in quality, time and place in accordance with the Contract and these GTC;
(ii) The Client undertakes to state true, complete and accurate data when concluding the Contract and to notify the Provider in writing of any changes to its provided data; in the event of a breach of this obligation of the Client, the data specified in the last notification of the Customer are binding for the Provider and if such notification does not exist, the data specified in the Contract and the Client shall be liable for damage caused thereby to the Provider;
(iii) the Customer is obliged to take over the ordered Service and proceed with the collection of the service in accordance with the Agreement, these GTC, the Schedule and the Provider’s instructions;
(iv) the Client is obliged to pay the Provider the price of the Service within the due date;
(v) The Client is obliged to proceed in such a way that the Provider or third parties do not suffer damage, is obliged to act in accordance with good manners when drawing the Service and is obliged not to damage the Provider’s good name.

Article VI
Duration and Termination of the Agreement

6.1 The Contract between the Provider and the Client is concluded for a definite period of time, unless the Contracting Parties agree otherwise.

6.2 The Contract shall terminate at the latest upon expiry of the last term of the Service according to the Schedule, unless otherwise agreed in writing by the Contracting Parties.

6.3 The Contract terminates in cases regulated in these GBTC, in particular upon expiry of the period for which the Contract was concluded, by written agreement or by written withdrawal from the Contract.

6.4 The Customer has the right to withdraw from the Contract if:
(i) the Provider enters into liquidation or its assets are declared bankrupt by a court, or the petition for bankruptcy is rejected due to lack of assets, or ceases to exist without liquidation and / or the Provider’s bankruptcy is declared by a court and / or the Provider enters into bankruptcy

manipulation;
(ii) the Provider loses the certificate entitling it to provide the Services;
(iii) the Provider is more than 31 days late in providing the Service;
(iv) the circumstances of force majeure notified by the Provider last longer than 31 days and the Contracting Parties do not agree otherwise;
(v) at any time before the commencement of the Service in accordance with Annex no. 1 of this contract without giving a reason.

6.5 The Client, who is a consumer, has the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract if the Contract was concluded at a distance or outside the Provider’s premises in accordance with the previous point 6.4 of these GBTC. with Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws (hereinafter referred to as “Act No. 102/2014 Coll.”). In such a case, the Provider shall return to the Client all received payments and performances, no later than within 14 days from the withdrawal of the Client from the Contract. The Customer, who is a consumer, agrees, has no right to withdraw from the Contract under this point of the GTC if the provision of the Service began or is to begin before the expiration of 14 days to withdraw from the Contract under this point of the GTC; for this purpose, the Customer, who is a consumer, declares that he has been duly informed that by expressing this consent he loses the right to withdraw from the Contract after the full provision of the service and if the full provision of the Service has taken place. To withdraw from the Contract according to this point of the GTC, the Customer, who is a consumer, may use the form of withdrawal from the Contract, the model of which is HERE (https://www.skystory.sk/odstupenie). If the consumer withdraws from the Contract pursuant to this point and has given his express consent pursuant to § 4 para. 6 of Act no. 102/2014 Coll., The Customer, who is a consumer, is obliged to pay the Provider only the price for the performance actually provided by the date of delivery of the notice of withdrawal from the Contract. The price for the performance actually provided shall be calculated in proportion to the total price agreed in the Contract.

6.6 The Provider has the right to withdraw from the Contract if:
(i) the Client enters into liquidation or its assets are declared bankrupt by a court, or the petition for bankruptcy is rejected due to lack of assets, or ceases to exist without liquidation and / or the Provider is declared bankrupt by the court and / or the Provider enters into restructuring;
(ii) the Customer is in arrears with the payment of the price of the Service or part thereof;
(iii) the Client has breached the duty of confidentiality under the Contract or these GTC;
(iv) the circumstances of force majeure notified by the Client last longer than 31 days and the Contracting Parties do not agree otherwise;
(v) for reasons if the conditions of exclusion from the course according to these GTC arise.

6.7 Exclusion of the Client from the course according to point 6.6. (v) these GTC is possible in the case of:
(i) expiry of the specified maximum course attendance period of 18 months from the start of the course according to the Schedule due to the Client’s long-term non-participation in the course, expressions of the Client’s interest in classroom instruction and / or distance learning, expressions inability to establish re-contact with the Customer;
(ii) exhaustion of all conspicuous measures by the Client in case of unsatisfactory progress according to the Provider’s document – Training Manual – ATPL (A) Theory Theory Course and nevertheless does not meet the requirements for continuing the course;
(iii) if the Client observes any behavior or attitudes that endanger other clients of the Provider, third parties, instructors or any other employees of the Provider;
(iv) if the Client is under the influence of alcohol, narcotics or psychotropic substances during teaching or other activities according to the Schedule, which are a part of the Service;
(v) if the Client is proven to use (although recreational) drugs, as the use of drugs even outside the Schedule for the provision of the Service is not in accordance with aviation safety.

6.8 By concluding the Contract, the Customer undertakes to use the Service in accordance with the Contract, these GTC, the scope of the Service, the Schedule and the Provider’s instructions.

6.9 In the event that the Customer breaches its obligation to properly accept and exhaust the Service pursuant to clause 6.8 of these GTC and withdraws from the Contract, the reason for withdrawal from the Contract is not a breach of the Provider’s obligations or reason for withdrawal from the Contract under consumer protection legislation obliged to pay severance pay (contractual penalty) to the Provider in the amount and according to the following conditions:

(i) if the Client thus withdraws from the Contract three or more days before the commencement of the Service according to the Schedule, the Client does not pay any severance pay or contractual penalty to the Provider;
(ii) if the Client thus withdraws from the Contract less than three days, but no later than 24 hours before the start

Services according to the Schedule, the Customer is obliged to pay the Provider a severance pay (contractual penalty) in the amount of 50% of the price of the Service;
(iii) if the Customer thus withdraws from the Contract less than 24 hours before the start of the Service according to the Schedule, the Customer is obliged to pay the Provider a severance pay (contractual penalty) in the amount of 100% of the price of the Service.

6.10 The Provider has the right to waive the contractual penalty according to clause 6.9 of these GTC.

6.11 In the event of withdrawal from the Contract by either of the Contracting Parties, the Contracting Parties are obliged to return the received services to each other. The Provider is entitled to unilaterally set off its receivables from the Client and return the received performance to the Client reduced by the Provider’s claims. In the event of withdrawal from the Agreement after the commencement of the provision of the Service according to the Schedule, the Provider is entitled to reimbursement of costs associated with the partial provision of the Service to the Customer. The provision on the possibility of unilateral set-off by the Provider under this point shall apply mutatis mutandis.

6.12 The Client may apply for withdrawal from the Contract in the form of a written letter sent to the Provider’s address, or by e-mail sent to the Provider’s e-mail address (info@skystory.sk).

Article VII
Complaints

7.1 The Provider is responsible for defects of the Service and is obliged to provide the Service to the Customer to the extent and quality according to the Contract. The Client has the right to notify the Provider of the non-compliance of the provided Service with the Contract, these GTC, the Schedule or other documents of the Provider about the Service.

7.2 If the Customer is not satisfied with the provided Service, he may complain to the Provider without delay, no later than two years from the termination of the Service, or if the Service did not take place, from the date when the Service was to be performed, otherwise the right expires, in the form a written letter sent to the address of the Provider’s registered office, or by e-mail sent to the Provider’s e-mail address (info@skystory.sk). For expedited handling of the complaint, the Provider recommends that the Customer state in the content of the complaint the name of the Service, the date of delivery and the reasons for the complaint. In the case of the Customer, who is a consumer, the Provider is obliged to handle the complaint immediately, if possible; if it is not possible to handle the complaint immediately, no later than within 30 days from the date of receipt of the complaint.

7.3 In addition to the complaint, the Customer is entitled to state its opinion on the Provider, its employees or the Service through, ie. feedback of the questionnaire or feedback e-mail, which the Provider will send to the Customer usually after the provision of the Service.

Article VIII
Privacy Policy

8.1 The Client agrees with the information on the protection of personal data, which is published on the Provider’s website at the link: https://www.skystory.sk/ochrana-udajov.

Article IX
Alternative dispute resolution

9.1 Any disputes between the Provider and the Client can also be resolved out of court. The Customer, who is a consumer, may turn to the Provider with a request for redress, if he is not satisfied with the way in which the Provider handled his complaint, or if he believes that the Provider has violated his rights. If the Provider responds to such a request or request of the Customer in the negative, or does not respond within 30 days of its dispatch, the Customer, who is a consumer, has the right to file a motion to initiate alternative dispute resolution of the subject of alternative dispute resolution under Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts (hereinafter referred to as “Act No. 391/2015 Coll.”). The customer, who is a consumer, can thus resolve the dispute through the appropriate platform, e.g. on this link HERE.
(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN)

Article X
Final provisions

10.1 These GTC are valid in the wording stated on the Provider’s website on the day of sending the electronic order on the Provider’s website. In the case of concluding the Contract in a form other than electronic, these GTC apply in the wording valid at the time of concluding the Contract.

10.2 By sending an electronic order on the Provider’s website or by concluding an Agreement between the Provider and the Customer, these GTC are binding for both parties.

10.3 Relations between the two parties, which are not regulated by these general terms and conditions, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code, Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses and other related legal regulations, as amended.

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