1. FORMATION OF CONTRACT
The following procedures, set out below, form the basis upon which Flying-Spirits Limited carries out its professional service for clients. In accordance with good business practice and within a set of generally agreed principals and code of conduct, it sets out as clearly as possible, in general terms, what standards of service may be expected by Flying-Spirits’ clients. Similarly, it also sets out what Flying-Spirits may expect from its clients in return.
Where the name Flying-Spirits Ltd is used throughout this document the name is deemed to also refer to the trading names of Yak-aviation. Flying-Spirits Ltd ("The Company") will conduct business solely upon the following terms and conditions, which:
1.1 can be varied only in writing by a Director of the Company; and
1.2 override and exclude any terms stipulated or referred to by the customer in any communication or prior course of dealing with the Company; and
1.3 supersede any prior representation, whether oral or written, made to the customer by any employee or agent of the Company
1.4 Flying-Spirits does not undertake enquiries from telephone / verbal instructions. We ask that clients give us as much detail as possible using our online web forms due to the upfront due diligence we need to perform, to ensure we are acting within legal and moral guidelines.
1.5 In the absence of a written contract between the parties, Flying-Spirits shall not be obliged to provide any services.
1.6 Terms: for the avoidance of doubt, the terms “investigation”, “investigate” and “investigative” shall relate only to that of aircraft as defined in the client’s aircraft proposition and release statement. In no way - however construed - shall any of these aforementioned terms pertain to a private individual of any stature.
1.7 When instructing Flying-Spirits Ltd, you as a person or a representative of a business are entering into a legally binding agreement. Such an agreement obliges you (the client) to pay such fees as are agreed either verbally or in writing, and in return Flying-Spirits Ltd will conduct the service/s requested supported by a report on the outcome of your instructions, written, orally, or in such a way as is deemed fit by Flying-Spirits Limited.
1.8 Flying-Spirits Limited, its agents, affiliates and representatives make no guarantee that the information contained in reports provided to clients, whether implied or stated, either orally communicated or in writing, are true and accurate. Flying-Spirits Limited accepts no liability for any inaccuracies in its reporting, the use, misuse or any loss arising from its reports.
1.9 These Terms apply to all services pertaining to aircraft investigation offered by Flying-Spirits Ltd. Any questions about these Terms should be addressed to Alex Berry, Director, Flying-Spirits Ltd.
1.10. No Flying-Spirits staff member or employee acts or is permitted to act in any capacity as a private investigator. In particular, Flying-Spirits is exempt from requiring a license under the Private Security Industry Act 2001 because its activities exclusively relate to the reference to registers which are open to the public; registers or records to which a person has a right of access; and published works and activities carried out with the knowledge or consent of the subject of the investigation.
2.1 The company agrees to provide inter alia and general services pertaining to aircraft investigative services.
3 PRICE OF SERVICES & FEES
3.1 The price of the services provided to the customer by the Company shall be based upon the Company's current price list which is also subject to the bespoke needs of each customer and the aircraft proposition in question.
3.2 For our scale of charges please refer to our price list, or to any agreement reached, specific to your particular contract with Flying-Spirits Limited.
3.3 Rates stated may not be appropriate in cases of exceptional urgency, complexity or responsibility. Where such circumstances exist, we must reserve the right to revise rates by mutual agreement.
3.4 In all cases, (and this includes fee estimates) VAT and disbursements are charged in addition. Estimates are given on the basis that the case proceeds reasonably smoothly and without undue complication or delay: If it seems that these factors will cause the estimate to be exceeded we will give you as much notice as possible, and reserve our right to revise our estimate.
3.5 Fees are payable whether or not a case is successfully concluded or completed unless superseded by prior agreement, as may be the case in some instances, for certain categories of service.
3.6 All fees for instructing Flying-Spirits Limited are payable in advance of Flying-Spirits Limited commencing work on any instructions for the client unless it is agreed in writing to start the investigation prior to payment. These fees are non-refundable unless agreed as per term (2) of these terms and conditions. If it is agreed in writing that an investigation will start, and payment has not been made, failure to make required payments within 14 days of the investigation proceeding will result in the use of a collection agency to recover Flying-Spirits’ costs
3.7 Consultancy/appointment fees and associated expenses are payable and will be charged by Flying-Spirits Limited at the rate agreed.
4.1 The Company shall invoice the customer for the current price of the service forthwith upon completion of the service or at agreed stages. Subject to credit being allowed to the Customer by the Company, the invoice shall be payable on or before the 30th day after the invoice date.
4.2 Our charges are payable immediately upon completion of the assignment and our account being rendered, in the absence of any prior agreement (such as for legally aided matters) for the payment of a client account. In most circumstances our clients are asked to pay a retainer fee (deposit) before the commencement of any enquiry. In certain matters full payment may be required prior to commencement of the investigation.
4.3 Any disbursements that we incur on your behalf are payable by you in advance, and therefore we do ask you to settle such amounts promptly, or risk delays to your case.
4.4 Payments can be accepted by the following methods:- Cash, Cheque, Mastercard, Visa and PayPal.
4.5 Results of investigations. If any payment is made to Flying-Spirits Limited for any service whatsoever, it is on the understanding that Payment is for the investigation work that Flying-Spirits Limited or any persons working on behalf of Flying-Spirits Limited are either about to carry out, or have already carried out. Under no circumstances is payment made on the basis of investigation results. Furthermore when Flying-Spirits Limited accepts an investigation and gives an expected investigation time for completion, this is only an estimated time and not a guarantee. Flying-Spirits Limited will not accept responsibility for delays caused by circumstances beyond our control or indeed elements of the investigation that may result in an extended investigation period.
5. DEFAULT IN PAYMENT
5.1 In default of due payment of its invoice, the Company may in its absolute discretion and irrespective of any other rights maintain an action against the customer for the invoice sum upon which interest shall be payable at the rate of 8% per calendar month or part thereof from the date of the invoice until payment.
5.2 The customer shall indemnify the Company against any legal costs which it may reasonably incur to recover its invoiced sum.
7. HOURS OF BUSINESS
7.1 Flying-Spirits offer a standard work day hour service. All calls will be answered by an officer of the company. Normal office hours are from 09.00 to 17.30. Private meetings are available by appointment at our Head Office at 20-22 Wenlock Road, London, N1 7GU.
7.2 We are pleased to see clients by appointment at our offices, but we are also happy to see clients at their home or at their business premises, if this is more convenient.
7.3 Instructions for overseas assignments can be taken at our Head Office in London.
8. RESPONSIBILITY AND COMMUNICATION
8.1 Instructions can be given over the telephone, in a personal meeting at any of the venues mentioned above, or in writing via email. Wherever possible, instructions will be confirmed by the client in writing, thus ensuring clarity of instruction and increasing efficiency.
8.2 Should there be any aspect of our work or service with which you are not entirely happy – which we trust will be unlikely – please raise the matter with any Director at the earliest possible opportunity. In writing to either our Head Office address or via email to email@example.com.
8.3 You will be informed of the name of the person that is handling your case and where appropriate, of any other lines of communication, and points of contact.
8.4 When you telephone our office wherever possible you will be put through to the appropriate person to take your instructions, or the person that is already dealing with your case. However, if they are unavailable when you telephone, please speak with a Personal Assistant who may be able to deal with your enquiry, take your instructions, or take a message.
8.5 Flying-Spirits Limited make every attempt to verify the credentials of clients, to establish that they have lawful reasons to instruct an investigation to be conducted.
8.6 Flying-Spirits Limited will carry out all investigations within the confines of the law, and within the bounds of morality and professional ethics.
8.7 Our prime commitment is to our clients and to respect the best interest of clients by maintaining the highest standard of proficiency, and reporting to clients all the facts ascertained, whether they be advantageous or detrimental, and nothing be withheld from clients, save by dictates of law.
8.8 We will respect the privacy of clients and their lawful confidences, and ensure that services are adequately secure to protect privacy and to guard against inadvertent disclosure of any private information.
8.9 All our staff are committed to delivering a high quality of service, in what we hope is as helpful and friendly a manner as possible. We employ staff with the relevant knowledge, skills and competencies to meet the needs of our clients, with a commitment to perform all professional duties in accordance with the highest moral principles, in a manner which will not bring the industry into disrepute, and to ensure that all employees, or other persons paid to assist an investigation, adhere to this code of ethics.
9.1 Flying-Spirits Limited will make every effort possible to ensure the accuracy of any information (in any form) supplied, to the best of the knowledge, information and belief of Flying-Spirits. Information supplied will be rechecked if it is subsequently found to be incorrect.
9.2 Any information (in any form) supplied by Flying-Spirits is done so on the understanding that it is for the sole use of the instructing client and any such information (in any form) shall not be disclosed, transmitted or copied in any way whatsoever, without the written permission of Flying-Spirits.
9.3 Should any information (in any form) supplied by Flying-Spirits be subsequently passed to any third party, by any means whatsoever without Flying-Spirits’ permission (as referred to above) Flying-Spirits shall not be responsible for any liability, loss, loss of profit, additional expense and any form of damages whatsoever for such unauthorised disclosure.
10. CUSTOMERS OBLIGATIONS
10.1 The customer hereby warrants that in relation to information provided by the Company, the customer will not place reliance upon such information in conducting its business and will not hold the Company responsible for any loss or damage sustained as a result thereof.
10.2 The customer agrees to indemnify and hold harmless the Company against all claims, proceedings, costs, losses and damage which the Company may sustain or incur in connection with the service supplied to the customer unless those claims result from the wilful misconduct of the Company.
11. REFUNDS POLICY
11.1 Where Flying-Spirits Limited has been instructed to commence an investigation and any kind of deposit or payment has been made by the client, these monies are non-refundable in part or in full once Flying-Spirits Limited has commenced work on the client’s instructions, in full or in part, if the request for refund is made thereafter.
11.2 If no work has been commenced Flying-Spirits Limited on the client’s investigation and, it is agreed that a refund can be made, a refund less 25% administration fee will be made.
12.1 Flying-Spirits Limited is registered as a data controller under the Data Protection Act 1998 (England & Wales). Flying-Spirits Limited will not knowingly undertake investigations that will be in breach of privacy laws, or indeed any laws governing the domicile within which it is instructed to perform investigations. Any client that is found to be abusing the services of Flying-Spirits Limited, for illicit, criminal or any unlawful purpose will have their agreement(s) with Flying-Spirits Limited terminated without notice. Flying-Spirits Limited will assist any legally recognised authority in the prosecution of parties abusing its services in such a manner. It is a client’s responsibility to seek the proper legal advice about what is lawful.
12.2 Flying-Spirits Limited, its agents and representatives will never disclose client information without being served the proper legal instrument that Flying-Spirits Limited must comply with, unless the client expressly wishes us to release any such information to a third party. In the absence of such an instrument, or client authority to release information pertaining to a client’s investigations, Flying-Spirits Limited considers all client materials, data, and all material relating to client investigations as highly confidential. After an investigation has concluded and Flying-Spirits Limited has informed the client of the results, all papers, documents or electronic data including emails, computer files and media shall be immediately retained securely by Flying-Spirits Limited. Any documents that are the legal property of the client shall be returned to the client by a method requested by the client, and at the client’s expense.
13.1 The Company shall not be liable for loss and/or damages sustained by the customer by reason of any cause whatsoever.
13.2 The Company shall not be liable for loss and/or damage sustained by the customer and resulting from any inability on the part of the Company to perform its obligations by reason of war, riot, explosion, fire, flood, strike, lock-out, Acts or Regulations of Government, shortage of materials or labour, failure of plant or equipment or any event which the Company is unable to avoid.
13.3 The Company shall not be liable for loss and/or damage sustained by the customer resulting from any acts, errors or omissions by the Company or its employees.
13.4 The Company shall not be liable for loss and/or damage sustained by the customer resulting from any reliance placed upon information provided to the customer by the Company
14. CONSEQUENTIAL LOSS
14.1 The Company shall not be liable to the customer for any Consequential Loss or damage irrespective of its cause
15.1 The customer may not withold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the customer may have or allege to have for any reason whatsoever
16.1 Each of these terms and conditions is to be considered separately and shall survive and apply even if one or more of the other terms and conditions are held to be unreasonable or otherwise inapplicable.
16.2 Headings contained herein are for reference purposes only and shall not be deemed to be an indication of the meaning of the clauses to which they relate.
16.3 Customer obligations and/or benefits hereunder shall not be assigned to a third party without the Company's prior written consent.
16.4 The customer agrees to provide 48 hours notice of cancellation of any booked time or services and to accept billing for services booked should such notice not be given
17. PROPER LAW
These terms and conditions shall be governed by English Law and any dispute arising out of or in connection with the same shall be determined by the English Courts.
UK HEAD OFFICE
20 Havelock Road, Hastings
East Sussex, TN34 1BP
Enquiries: +44 208 895 6852 (24hrs)
Office hours: 09:00-18:00 GMT, Monday - Friday
Yak-aviation brokers aircraft, engine, propeller and parts deals globally.
We are committed to providing a responsive, first class service treating buyers and sellers with the upmost professionalism.
We constantly seek the best outcome for all parties to the transaction.