Article I
Introductory provisions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the rights and obligations of the provider, which is Sky Story, s. r. o., Majerská cesta 33, Banská Bystrica 97401, ID No.: 53 298 250, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No. 39663/S (hereinafter referred to as the “Provider”) and the Customer, who is an entrepreneur or a consumer (hereinafter referred to as the “Customer”), who uses or purchases educational services provided by the Provider on the basis of the contractual relationship and these GTC.
1.2 For the purposes of these GTC, the terms:
- Parties to the contract: Provider and Customer together;
- Contracting party: the Provider or the Customer individually;
- Service: professional courses, training, seminars, trainings, workshops or conferences provided by the Provider for the Customer according to the offer published on the website www.skystory.sk .
- Consumer: a natural person who is not acting in the course of his business when concluding and performing a contract;
- Entrepreneur: a person who, in concluding and performing a contract, acts within the scope of his business. If the Customer provides his/her identification number (ID number) in the order process, he/she declares that he/she is acting within the scope of his/her business activity.
- Contract or contractual relationship: established between the Provider and the Customer for the purpose of the provision of the Service by the Provider to the Customer (i) upon its conclusion in writing, (ii) on the basis of an order made by the Customer via a completed and submitted electronic form published on www.proaviate.sk, which has been confirmed by the Provider to the Customer, (iii) an order made by means of a completed written form confirmed in writing by the Provider to the Customer;
- Order: a completed form (in writing or electronically) confirmed by the Provider, on the basis of which the Provider provides the Services to the Customer;
- Provider’s website: www.skystory.sk.
- Schedule: a binding document for the Customer, which includes the indication of specific dates and times for the individual parts of the Service.
1.3 These GTC are binding on the Parties. In the event of a conflict between the Contract, the Schedule and these GTC, the individual documents shall be binding in that order:
(i) Contract;
(ii) Schedule;
(iii) GTC.
1.4 The supervisory authority is the Slovak Trade Inspection Authority, 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 catalogue of the Provider’s commonly delivered educational services. The information provided in this list of Services as well as the indicated availability of the Services is for informational purposes only. The Provider will confirm the specific availability of the Service to the Customer by e-mail based on the Customer’s request.
1.6 The Provider can also be contacted via the following contact details:
(i) correspondence address: 33 Majerská cesta, 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 shall come into existence:
(i) upon its conclusion in writing;
(ii) on the basis of an order made by means of a completed and submitted electronic form, whereby the contract shall be formed at the moment of sending the confirmation of acceptance of the order by the Provider;
(iii) on the basis of the Customer’s order made by means of a form completed and confirmed by the Provider.
2.2 If the Provider does not confirm in writing the acceptance of the order to the Customer pursuant to clause 2.1 lit. (ii) and (iii) of these GTC, the conclusion of the Contract shall be deemed not to have occurred.
2.3 By checking the box “I agree to the General Terms and Conditions” in the electronic form and submitting it, the Customer confirms that he/she has read and agrees to these GTC and undertakes to comply with them.
2.4 In the event that the Contract arises pursuant to clause 2.1 lit. (i) or (iii), the Customer confirms that prior to signing the contract or order in writing, the Customer has read and is aware of the contents of these GTC and fully agrees to these GTC and undertakes to comply with them.
2.5 Upon conclusion of the Contract between the Provider and the Customer, the GTC become a part of the Contract and are binding between the Parties.
Article III
Prices and payment terms
3.1 The prices of individual Services are set out on the website www.skystory.sk in the description of the specific Service. If the price published on www.proaviate.sk is not included in the description of the Service, the Provider shall notify the Customer of the price upon the latter’s inquiry. The Provider is also entitled to provide the Customer with an individually determined price, which is not binding for the Customer without the Customer’s consent.
3.2 In the event of the conclusion of the Contract pursuant to clause 2.1 lit. (i) and (iii), i.e. when concluding the Contract in writing or by means of a written (not electronic) order, the price of the specific Service is specified directly in the Contract.
3.3 The Customer shall pay for the Service the price for the Service as set out in the Contract. If the Contract does not specify a specific price for the Service, the Customer undertakes to pay the price for the Service indicated on the website www.skystory.sk for the specific Service valid at the time of conclusion of the Contract.
3.4 The Service Price is payable for the entire period (duration) of the Service and in full. If the Provider and the Customer agree on it separately, the Customer may also pay the price of the Service to the Provider in instalments according to a mutually agreed instalment schedule.
3.5 The price of the Service shall be payable on the date specified in the tax document issued to the Customer by the Provider, but no later than on the date of commencement of the Service (the date of the first lesson according to the Schedule), unless otherwise specified in the Contract.
3.6 Any payment made by the Customer to the Provider shall be deemed to have been paid on the date of crediting to the Provider’s account.
3.7 If the Customer fails to pay the price of the Service in due and timely manner, the Provider shall be entitled to withdraw from the Contract.
3.8 If the Customer fails to pay the price of the Service in due and timely manner, in addition to the withdrawal from the Contract, the Provider may require the Customer to pay a contractual penalty in the amount of 0.1% of the price of the Service for each day of delay in the due payment of the price of the Service. The Provider’s right to damages and other claims are not affected by the payment of the contractual penalty.
3.9 The Provider shall have the right to refuse to provide the Service to the Customer who has not paid the price of the Service in accordance with the Contract and these GTC at the time prior to the commencement of the provision of the Service.
3.10 The Provider shall issue a proper tax document – invoice to the Customer for the purpose of payment of the price of the Service or for payment of its other claims or costs under the Contract and these GTC. The Provider is entitled to prepare the invoice also in electronic form, which is a full-fledged tax document. The Customer agrees to the electronic invoice, requests that it be issued in electronic form and sent to the email address specified in the Contract or otherwise communicated to the Provider in writing or electronically. The Customer is entitled to withdraw its consent to the electronic invoice at any time by written notice sent to the Provider’s address.
3.11 The Customer 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) pursuant 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 modify these GTC as well as the prices of the Services, which will be published on its website www.proaviate.sk. From the moment of publication of the new GTC or prices of the Services on the Provider’s website www.skystory.sk, the GTC and prices of the Services are governed by the amended, new provisions. For Customers who have already concluded Contracts, the GTC and prices applicable at the time of conclusion of the Contract shall apply, unless otherwise agreed by the Parties.
Article IV
Method of providing the Service
4.1 For the proper provision of the Service, the Customer shall comply with the provisions of the Contract and these GTC. In addition to the Contract and the GTC, the Customer is 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 Customer by the Provider.
4.2 The Provider shall provide all information necessary for the proper performance of the Service, in particular an accurate Schedule indicating the dates, times and locations of each phase/lecture of the Service.
4.3 The Provider shall provide the Services with professional care and in accordance with the instructions and information provided to the Customer on the agreed date or on another date by mutual agreement or in accordance with these GTC.
4.4 The Provider is obliged to inform the Customer about the facts important for the proper performance of the Service.
4.5 If the assistance of the Customer is necessary for the fulfilment of the Provider’s obligation, the Customer is obliged to provide such assistance immediately upon the Provider’s request, in particular in cases where the Provider requests the Customer to send clarifying, correct or additional information and data to the Contract or the Service.
4.6 The Provider acts independently in providing the Service and is not bound by the instructions of the Customer. The Provider is entitled to outsource the provision of the Service to third parties (subcontractors).
4.7 If the failure of the Customer or the Provider to perform any obligation is due to Force Majeure, the Customer or the Provider shall not be liable for such failure unless they could not reasonably have been required to prevent the failure to perform their obligations as a result of Force Majeure.
4.8 For the purposes of these GTC, Force Majeure shall be deemed to be any event independent of the Provider’s or the Customer’s will, which prevents the fulfilment of the obligations and which could not have been foreseen at the time of conclusion of the Contract. Force Majeure shall be deemed to be, in particular, a natural disaster, fire, explosion, severe storm, earthquake, flood, war, strike or other events that are beyond any control of the Customer and the Provider.
4.9 For the duration of the Force Majeure, the performance of the obligation under the Contract shall be suspended until the consequences of the Force Majeure have been remedied. For the avoidance of doubt, the time limits under the Contract, these GTC, the Schedule or other instructions of the Provider shall not run for the duration of the Force Majeure Event. In the event that Force Majeure causes non-compliance with the Service Schedule, the Provider shall have the right to designate alternative dates for the Service Schedule to the Client.
4.10 The Client acknowledges and agrees that the Provider shall not be liable for failure to meet the Service Schedule or deadlines under the Contract and these GTC in the event that the failure to meet the Service Schedule or deadline is due to the Provider’s or his/her delegated lecturer/trainer’s or other employee’s incapacity to work. In such case, the Provider undertakes to agree with the Client an alternative date for the Service Schedule without undue delay.
4.11 In the event that the capacity of the term of the Service selected by the Customer is full, the Provider is entitled to inform the Customer of the full capacity of the term of the Service and to recommend an alternative term to the Customer. If the alternative date does not suit the Customer, the Provider is entitled to provide the Customer with another alternative date. In the event that neither of the alternative dates is reasonably satisfactory to the Customer, the Customer shall be entitled to withdraw from the Contract.
4.12 The Provider shall have the right to change the date or place of the Service specified in the Schedule, instructions or other documents submitted to the Customer by the Provider at least three days before the commencement of the Service. The Provider is obliged to notify the Customer in advance of any change in the date or location of the Service by e-mail or SMS to the contact details provided by the Customer at the conclusion of the Contract.
4.13 In the event of a change in the date or location of the Services, the Customer may accept the changed date or location of the Services or withdraw from the Contract.
4.14 If the Customer fails to respond to the Provider’s notice when changing the date or venue of the Service, this shall be deemed to be the Customer’s consent to the change of date or venue of the Service.
4.15 The Provider shall not be liable for any damage caused by the Customer through its fault or failure to act, in particular, but not limited to, failure to maintain knowledge, failure to register, failure to appear for examinations related to obtaining the qualification for which the completion of the Service is a prerequisite.
Article V
Basic 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 time on the basis of the Contract and these GTC;
(ii) The Provider is obliged to ensure that the Service delivered meets the requirements under applicable law;
(iii) The Provider is obliged to hand over to the Customer all documents necessary for the acceptance and use of the Service and other documents related to the Service (certificates, evaluations, attestations);
(iv) The Provider shall be entitled to receive payment of the Service Price from the Customer in due and timely manner.
5.2 The basic rights and obligations of the Customer include:
(i) The Customer shall be entitled to delivery of the Services in the quality, time and place in accordance with the Contract and these GTC;
(ii) The Customer undertakes to provide true, complete and accurate data at the conclusion of the Contract and to notify the Provider in writing of any changes to the data provided by the Customer; in the event of a breach of this obligation by the Customer, the Provider shall be bound by the data contained in the last notification of the Customer and, in the absence of such notification, the data contained in the Contract and the Customer shall be liable for any damage caused to the Provider thereby;
(iii) The Customer is obliged to accept the ordered Service and to proceed with the subscription in accordance with the Agreement, these GTC, the Schedule and the Provider’s instructions;
(iv) The Customer is obliged to pay the Provider the price of the Service within the due date;
(v) The Customer is obliged to act in such a way that the Provider or third parties do not suffer damage, is obliged to act in accordance with good manners when using the Service and is obliged not to damage the Provider’s good name.
Article VI
Duration and termination of the Contract
6.1 The Contract between the Provider and the Customer is concluded for a definite period of time, unless the Parties agree otherwise.
6.2 The Contract shall terminate no later than the expiration of the last date of the Service under the Schedule, unless otherwise agreed in writing by the Parties.
6.3 The Contract shall terminate in the cases provided for in these GTC, in particular by 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 is declared bankrupt by the court, or the petition for bankruptcy is dismissed for 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 Provider loses the certificate authorising it to provide the Services;
(iii) the Provider is in delay in providing the Service for more than 31 days;
(iv) Force Majeure circumstances notified by the Provider last longer than 31 days and the Parties do not agree otherwise;
(v) at any time prior to the commencement of the Service as set out in Schedule no. 1 of this contract without giving any reason.
6.5 In addition to the grounds for withdrawal from the Contract under the previous clause 6.4 of these GTC, the Customer, who is a consumer, has the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract if the Contract was concluded remotely or outside the Provider’s premises in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller’s business premises and on amendment and supplementation of certain acts (hereinafter referred to as “Act No. 102/2014 Coll.”). In such case, the Provider shall return to the Customer all payments and performances received, no later than 14 days after the Customer’s withdrawal from the Contract. The Customer, being a consumer, agrees that it shall not have the right to withdraw from the Contract under this clause of the GTC if the provision of the Service has commenced or is due to commence before the expiry of the period of 14 days for withdrawal from the Contract under this clause of the GTC; to this end, the Customer, being a consumer, declares that it has been duly instructed that by expressing this consent it shall lose 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 under this point of the GTC, the Customer, who is a consumer, may use the withdrawal form, a sample of which is available HERE(https://www.skystory.sk/odstupenie). If the Consumer withdraws from the Contract pursuant to this point and prior to the commencement of the provision of services has given explicit consent pursuant to Section 4(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 up to the date of delivery of the notice of withdrawal from the Contract. The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the Contract.
6.6 The Provider has the right to withdraw from the Contract if:
(i) the Customer enters into liquidation or is declared bankrupt by a court, or the bankruptcy petition is dismissed for lack of assets, or the Provider is dissolved without liquidation and/or the Provider is declared bankrupt by a court and/or the Provider enters into restructuring;
(ii) the Customer is in default in payment of the price of the Service or any part thereof;
(iii) the Customer has breached a duty of confidentiality under the Contract or these GTC;
(iv) Force Majeure Circumstances notified by the Customer last longer than 31 days and the Parties do not agree otherwise;
(v) for reasons where the conditions for exclusion from the Course under these GTC apply.
6.7 Exclusion of the Customer from the course pursuant to clause 6.6 letter. (v) of these T&Cs is possible in case of:
(i) the expiration of the specified maximum period of attendance of 18 months from the commencement of the Course as per the Schedule due to the Customer’s prolonged absence from the Course, the Customer’s manifestation of disinterest in attending classroom and/or distance learning classes, the Customer’s manifestation of disinterest in taking the tests required to continue in the Course, the Customer’s inability to re-establish contact with the Customer;
(ii) the Customer has exhausted all reasonable remedies for unsatisfactory progress in accordance with the Provider’s document – Training Manual – ATPL(A) Remote Theory Course and still fails to meet the requirements for continuation on the course;
(iii) if the Client is observed to exhibit any behaviour or attitudes that are threatening to other clients of the Provider, third parties, instructors or any other staff of the Provider;
(iv) if the Customer is under the influence of alcohol, narcotics or psychotropic substances during the instruction or other activities under the Schedule which form part of the Service;
(v) if the Customer is shown to be using drugs (even recreational drugs) as drug use outside the Service Schedule is not consistent with aviation safety.
6.8 By entering into 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 use the Service pursuant to clause 6.8 of these GTC and withdraws from the Contract, where the reason for withdrawal from the Contract by the Customer is neither a breach of the Provider’s obligations nor a reason for withdrawal from the Contract pursuant to the provisions of consumer protection legislation, the Customer is obliged to pay the Provider a termination fee (contractual penalty) in the amount and according to the terms and conditions set out below:
(i) if the Customer so withdraws from the Contract three or more days prior to the commencement of the Scheduled Services, the Customer shall not pay any termination payment or liquidated damages to the Provider;
(ii) if the Customer so withdraws from the Contract less than three days, but not later than 24 hours before the commencement of the Service according to the Schedule, the Customer shall be obliged to pay to the Provider a termination fee (contractual penalty) in the amount of 50% of the price of the Service;
(iii) if the Customer so withdraws from the Contract less than 24 hours before the commencement of the Service as per the Schedule, the Customer shall pay the Provider a termination fee (contractual penalty) in the amount of 100% of the price of the Service.
6.10 The Provider has the right to forgive the contractual penalty according to clause 6.9 of these GTC.
6.11 In the event of withdrawal from the Contract by either Party, the Parties shall be obliged to reimburse each other for the consideration received. The Provider is entitled to unilaterally set off its claims against the Customer and return the received performance to the Customer reduced by the Provider’s claims. In the event of withdrawal from the Contract after the commencement of the provision of the Service under the Schedule, the Provider shall be entitled to reimbursement of the 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 Customer may withdraw from the Contract in the form of a written letter sent to the Provider’s address or via e-mail sent to the Provider’s e-mail address(info@skystory.sk).
Article VII
Complaints
7.1 The Provider shall be liable for defects in the Service and shall be obliged to provide the Service to the Customer to the extent and quality according to the Contract. The Customer has the right to notify the Provider of non-compliance of the 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 Service provided, the Customer may complain to the Provider immediately, at the latest within two years from the completion of the Service, or if the Service has not been performed, from the date on which the Service should have been performed, otherwise the right shall expire, in the form of 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 expeditious processing of the complaint, the Provider recommends that the Customer specify 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 a 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 30 days from the date of receipt of the complaint.
7.3 In addition to the complaint, the Customer is entitled to state his/her opinion about the Provider, his/her staff or the Service through i.e. a feedback questionnaire or feedback e-mail, which the Provider sends to the Customer usually after the provision of the Service.
Article VIII
Privacy Policy
8.1 The Customer agrees to 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 Customer may also be settled out of court. The Customer, who is a consumer, may contact the Provider with a request for redress if he/she is not satisfied with the manner in which the Provider has handled his/her complaint or if he/she believes that the Provider has violated his/her rights. If the Provider responds to such a request or inquiry of the Customer in a negative manner, or fails to respond within 30 days of sending it, the Customer, who is a consumer, has the right to file a petition for the initiation of an alternative dispute resolution to an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts (hereinafter referred to as “Act No. 391/2015 Coll.”). The customer, who is a consumer, can thus resolve the dispute through the relevant platform, e.g. on this link HERE.
(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK)
Article X
Final provisions
10.1 These GTC shall be valid in the wording indicated on the Provider’s website on the date of sending the electronic order on the Provider’s website. In the event of concluding the Contract in a form other than electronic, these GTC shall apply as in force at the time of concluding the Contract.
10.2 By submitting an electronic order on the Provider’s website or by concluding a Contract between the Provider and the Customer, these GTC are binding for both parties.
10.3 The relations between the two parties which are not regulated by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code, Act no. 250/2007 Coll. on consumer protection and on amendment of the Slovak National Council Act no. 372/1990 Coll. on offences and other related legislation, as amended.