GENERAL TERMS AND CONDITIONS OF THE DISTANCE SELLING CONTRACT FOR DIGITAL SERVICES AND PAPER TEXTBOOKS
Whereas for the purposes of this contract, the following definitions apply:
“Consumer”: the natural person acting for purposes that are unrelated and/or not referable to any entrepreneurial, commercial, handicraft or professional activity eventually carried out, or acting for purposes that do not fall within the scope of any of the aforementioned activities;
“Customer”: the person who has purchased the On-line Training Course according to the information and conditions expressed in this contract and in the descriptive sheet available on the Site, to be considered as an integral part of this contract;
“Producer”: the legal entity (ATPL ACADEMY of Ravelli Paolo) that provides the training service, identifying it with its name, trademark or other distinctive sign, hereinafter referred to as “ATPL ACADEMY”.
“Product”: the package (digital and/or hard copy) of teaching support referred to in point 1 of this contract;
“Distance contract”: that contract concluded between the Producer and the Customer without the simultaneous physical presence of the parties, through the exclusive use of one or more means of distance communication;
“Site”, the Internet Site www.atplacademy.com, owned exclusively by the Producer ATPL ACADEMY;
“Communication channel”, the Site, e-mail, social networks.
Prior to the on-line purchase of the product (with the simultaneous obligation to pay in full), the Customer is required to express, in point-and-click mode, his or her consent to these terms and conditions of sale, which are thereby acknowledged and approved also pursuant to Articles 1341 and 1342 of the Italian Civil Code, together with the provisions governing the procedures for registration, access, navigation and use of the site www.atplacademy.com;
The Customer expressly authorises ATPL ACADEMY to use his or her e-mail address in relation to the activities pertaining to the contract and to any sending of information on the distance learning services covered by this contract;
These general terms and conditions may be amended and/or updated at any time by ATPL ACADEMY, which will communicate them through the normal communication channels on the website.
The above premises form an integral part of these general conditions.
Art.1 SUBJECT OF THE CONTRACT
The object of this Distance Contract is the provision by the ATPL ACADEMY Producer to the Customer of training tools to support the learning of the subjects taught for the attainment of the ATPL (A) licence, in accordance with the learning objectives established by the European Aviation Safety Agency (EASA), at the Customer’s choice, from among the following types, as illustrated on the Site.
STANDARD: e-learning course for individual subjects
GOLD: e-learning course + e-book for individual subjects + final assessment quiz
PLATINUM: e-learning course + e-book + final assessment quiz + paper textbook for individual subjects
BOOK STORE: paper textbook for individual subjects
The e-learning courses are conducted exclusively in English.
The e-books with their assessment quizzes and paper textbooks are also written exclusively in English.
The GOLD and PLATINUM courses may include a final quiz to test the customer’s skills, which the customer may or may not take. The Course is conducted in online mode on a special section of the www.atplacademy.com website.
The STANDARD, GOLD and PLATINUM packages include only courses in asynchronous mode, i.e. recorded, courses which the Customer may use without time constraints, although only and exclusively during the following time periods: 30 days from the date of purchase for the STANDARD package, 60 days from the date of purchase for the GOLD package, 90 days from the date of purchase for the PLATINUM package.
APTL ACADEMY will prevent access to the aforementioned Courses after the respective deadlines have expired.
Since ATPL Academy is not an ATO (Approved Training Organisation), it is not obliged to provide lessons that exhaust the syllabus of competences as set out in the EASA (European Aviation Safety Agency) regulations.
Art.2 PRECONTRACTUAL INFORMATION
The Customer declares to have read, prior to the online purchase of the product, all the FAQs (Frequently Asked Questions) included in the Site and from which the main characteristics of the product, the address and identity of the Producer, the price and payment methods, the methods of use of the lessons, and the services attached are evident.
Art.3 CONCLUSION OF THE CONTRACT
Pursuant to and for the purposes of Article 1326 of the Italian Civil Code, this distance contract shall be deemed to be concluded when ATPL ACADEMY has knowledge of the Customer’s adherence to the training offer, manifested by the online choice of the type of Product.
Art.4 PROTECTION OF COPYRIGHT
The Customer acknowledges ATPL ACADEMY’s exclusive ownership of all parts of the Site, such as, but not limited to, the logos, images, texts, course contents, excluding material reproduced by kind permission of third parties and that reproduced in the text or in any case traceable to the official publications of the competent authorities.
Pursuant to Law no. 633 of 22.04.1941 (Law on copyright), commercial use by third parties, total or partial reproduction, reworking and transmission in any form and by any means is strictly forbidden, except with the prior written authorisation of ATPL ACADEMY.
It is forbidden to copy, distribute, publish or otherwise use or exploit the teaching material without the prior written consent of ATPL ACADEMY.
The Customer, responsible for the preservation and secrecy of the chosen credentials, and holder (as a result of enrolling in the Course) of a personal and non-transferable right of access to the ATPL ACADEMY reserved area, thus undertakes not to allow third parties to use and/or view the services in any way, refraining from performing any act that infringes the exclusive rights and property of ATPL ACADEMY; as well as relieving and holding harmless the Producer from any claim and/or demand resulting from the use and/or abuse of third parties.
In the event of any breach of the prescribed obligations, the contract shall be deemed to be terminated as of right and ATPL ACADEMY will be free to take legal action to protect any rights that have been disregarded, including compensation for damages suffered.
Furthermore, if a security problem or unauthorised use is deemed to exist or to be highly probable, ATPL ACADEMY may suspend the use of the credentials assigned to the Customer.
Art.5 DELIVERY OF THE PRODUCT
The Customer, after the purchase of the GOLD, PLATINUM, and STANDARD type product and once the registration fee paid has been credited, will have access to the digital course contents, by means of a username and password established by the Customer at the time of registration.
The Customer declares that he/she is aware of and accepts the hardware and software prerequisites necessary to access the digital services purchased, such as:
- having a connection to the Internet. For optimal use, an ADSL connection is recommended;
- having installed on your device one of the main browsers available and regularly updated; it should be noted that the SAFARI browser does not provide access to viewing asynchronous lessons.
- have the Adobe Acrobat Reader software installed on your device to visualise certain materials in pdf format.
The Customer also undertakes to adapt its hardware and/or software if necessary as a result of subsequent updates to the www.atplacademy.com platform.
ATPL ACADEMY has the right to discontinue the provision of the training service purchased by the Customer, giving immediate notice thereof through the normal channels of communication in case:
- there are well-founded reasons to believe that security and/or confidentiality issues may arise;
- there is a need/opportunity to improve the procedures for accessing the Online Training Courses, increasing their efficiency.
The aforementioned communication obligations cannot be considered to exist in cases, alternatively considered, of force majeure, necessity or urgency.
The PLATINUM and BOOK STORE product types include delivery of the paper textbook to the Customer’s domicile. The package will be sent to the address communicated by the Customer during the platform registration process for the PLATINUM package and during the purchase of the paper textbook for BOOK STORE products.
The shipping cost, when applicable, must be paid by the customer, who will pay it directly to ATPL ACADEMY to the extent indicated on its website.
ATPL Academy will deliver to the shipper the parcel to be sent to the Customer’s domicile within seven days of the order being placed by the Customer and displayed on ATPL Accademy’s website.
No liability shall be attributable to ATPL Academy for shipments of books delivered to the shipper within the above-mentioned deadline, but delivered late, undelivered or delivered damaged for any reason whatsoever.
The Customer assumes the risk of the successful delivery of the shipment from the moment the book is handed over to the shipper by ATPL ACADEMY.
Art. 6 PRICES – METHOD OF PAYMENT and DURATION
The prices of the Product are expressed in Euros and are inclusive of VAT.
In the event of the availability of a coupon and/or discount code, it shall be entered in the dedicated area of the Site when finalising the purchase order.
ATPL ACADEMY reserves the right to change the price of the Product at any time. The price that will be charged to the Customer will be the price indicated in the order confirmation.
In order to access the service and/or the product chosen in the Order, the Customer must pay ATPL ACADEMY the relative fee in the amount indicated in the course information sheet, which can be viewed on the Website.
The amount due by the Customer to ATPL ACADEMY for the purchase of the Product must be paid at the same time as the Order, under penalty of cancellation of the Order itself.
The payment methods that can be chosen are the following:
– Credit Card (Visa, MasterCard, American Express circuits) or (Debit/Prepaid).
In this case, the Customer shall authorise its Circuit to proceed with the payment at the request of ATPL ACADEMY in accordance with the procedure provided for and regulated by its Institution, under the terms and conditions agreed between it and the Consumer.
– bank transfer to coordinates IT91E0538753550000042318871
The activation procedure for credentials to access the courses on the e-learning platform is sent automatically, by e-mail/mobile phone, to the user who made the individual purchase.
The use of the Online Courses is permitted within the time period indicated on the Site.
ATPL ACADEMY will only allow the Customer to take advantage of the Courses purchased once it has received confirmation of successful payment.
Art.7 DATA SECURITY AND CONFIDENTIALITY
The Customer declares that he/she legitimately disposes of all the information entered on the www.atplacademy.com website for the purposes of purchasing the Product and accessing the related digital Services, also declaring that this information does not violate in any way, directly or indirectly, the rights of third parties. Therefore, the Customer undertakes not to enter data that he/she cannot freely dispose of.
It is also forbidden for the Customer to enter false and/or fictitious data in the registration-enrolment procedure for the Course and in subsequent further communications relating to the execution of the contract.
To this end, the Customer indemnifies ATPL ACADEMY:
- from any liability arising from the issuance of incorrect data and tax documents. The customer is solely responsible for the correct entry of this data.
- from any obligation and/or burden of direct and indirect verification and control in this regard.
In the event that it is established, either by ATPL ACADEMY or upon notification by a third party, that the data provided is false, ATPL ACADEMY reserves the right to prevent/suspend the Customer’s registration.
Art.8 RESPONSIBILITY AND OBLIGATIONS
The Customer who purchases the training service undertakes to act in good faith and in particular to:
- not transfer the product to third parties;
- view the lessons and carry out the relevant exercises personally;
Any behaviour contrary to good faith on the part of the Customer, as well as the violation of the aforementioned obligations and prohibitions, the list of which is to be considered non-exhaustive, cannot in any way be considered tolerated by ATPL ACADEMY as it is liable to compromise its image, honour and decorum, thus giving rise to the Customer’s exclusive liability and the Company’s right to interrupt the provision of the service and, if appropriate, to appeal to the Authority, as well as to claim damages.
The Customer, therefore, releases ATPL ACADEMY from any liability in the event of complaints, legal action, governmental or administrative action, loss or damage resulting from the use of the services offered by ATPL ACADEMY contrary to good faith and/or illegal on the part of the Customer, third parties connected to it or third parties in general.
The Customer expressly releases ATPL ACADEMY from any liability for direct and indirect damages:
-that the Customer itself or third parties may suffer in connection with or as a result of the provision of the Training Service, or as a result of the interruption of the operation;
-that the Customer or third parties may in any way incur as a result of the failure of the telecommunications network operator to provide connectivity, or also as a result of the Customer’s use of connectivity (not at high speed) that is technically incompatible with the Service, as well as for the failure to use the Training Course as a result of defects encountered by the Customer in using it, if all this is due to the Customer not meeting the minimum system requirements set out in Article 6, the verification of which is the responsibility of the Customer;
-caused by third parties unlawfully accessing the Digital Service, due to the Customer’s lack of care in the safekeeping of the login and password assigned to him/her, or due to the absence of other security measures that the Customer is required to take;
Under no circumstances shall the Producer be held liable
-for the malfunctioning of the Service resulting from faults, overloads, interruptions of telephone lines, electricity lines or related to the Internet network;
-for defaults by third parties that prejudice the use of the Service, including, by way of example, slowdowns in speed or the malfunctioning of telephone lines and computers that manage telematic traffic between the Customer and the educational platform from which the Service is supplied
-for any fraudulent and/or undue use of credit cards by the Customer.
It is the sole responsibility of the Customer to ensure interoperability between the connectivity, with which it is equipped, and the platform from which the Service is provided.
Furthermore, the Producer may not be held liable for non-fulfilment of its obligations arising from causes that cannot reasonably be foreseen, from impediments beyond its direct and immediate control, or from force majeure. Upon the occurrence of one of the aforementioned force majeure events, ATPL ACADEMY shall inform the Customer via the Site, together with the prospects of regular reactivation of the Service.
The Customer agrees to indemnify ATPL ACADEMY from all losses, damages, liabilities, costs, charges and expenses (including legal) that may be incurred by the Producer as a result of any failure to comply with the obligations assumed by the Customer with the signing of this Agreement or Application Form, and in any case related to the entry of information on the site; all of the above, even in the event of claims for damages made by third parties for any reason.
Finally, the Client agrees to release ATPL ACADEMY from any liability in the event of complaints, legal action, governmental or administrative action, loss or damage resulting from the illegal use of the Service by the Customer or third parties.
It should be pointed out that ATPL ACADEMY does not provide any advice regarding the Customer’s training needs, consequently all responsibility for the correspondence between the teaching content and the Customer’s needs is entirely the responsibility of the Customer. The Producer shall also not be liable for any Courses wrongly purchased by the Customer.
The information and materials relating to the Product offered are elaborated, reviewed and updated with accuracy, completeness and adequacy, thanks also to the support and specialised consultancy offered by highly qualified professionals, in the activity of planning and realisation of the didactic material.
The ATPL ACADEMY Product represents an aid for Customers in the study/deepening of the notions necessary for obtaining the ATPL (A) pilot licence according to EASA indications, without any claim to exhaustiveness of the topics covered. The ATPL ACADEMY product is not a substitute for the study and reasoning of revision and practical application to which the Customer is called upon. In other words, ATPL ACADEMY excludes its own liability for any damaging event occurring in reality as a consequence of the application of the theoretical notions derived from the teaching material attributable to it.
No information, advice or guidance attributable to ATPL ACADEMY content should be interpreted as instruction or advice regarding practical flying.
In this regard, it is noted that in the event of any discrepancy between the indications contained in any approved official publication and those contained in the ATPL ACADEMY Product, the former shall prevail over the latter, the official publications, manuals and final documents being the ones to be referred to.
The Customer shall not assign any obligation or right arising from this Contract to third parties without prior written authorisation, issued at the sole discretion of the Producer and communicated by the same by registered letter with return receipt or pec.
Art.9 TERMS OF WITHDRAWAL
The Customer-Consumer consciously and expressly agrees to forfeit any right of withdrawal from the present distance contract, the exceptions to the right of withdrawal set forth in Art. 59, c.1, letters a) and o) of Legislative Decree 6 September 2005 n.206 (Consumer Code) being applicable.
The Customer, in fact, by purchasing the Product in the STANDARD, GOLD and PLATINUM types, consents to the delivery of digital educational content by means of a non-material support, with the express agreement and acceptance that this circumstance precludes any right of withdrawal.
Furthermore, the Customer accepts that he/she will lose his/her right to withdraw from these services, as they are made fully accessible and usable to the user by means of authentication credentials (username and password).
The Customer-Consumer has the right to withdraw from the contract for the purchase of the paper textbook within the term of fourteen (14) calendar days (known as the “cooling-off period”) (art. 58 of the Consumer Code) starting from the delivery of the goods to the Customer, without having to provide any reason and without having to incur any costs, except for those for the return of the good or for the diminished value of the same, consequent to the possible use.
The right of withdrawal must be exercised by the Customer (art. 54 of the Consumer Code), subject to appropriate communication of his/her intention to withdraw from the contract to be sent to ATPL ACADEMY before the expiry of the “cooling-off period”, using, alternatively
- a) the Standard Form of withdrawal from distance selling contracts, pursuant to Article 49, paragraph 1, letter h) of the Consumer Code, contained in Annex I, part B, of the Consumer Code, Annex present on the ATPL ACADEMY website and which constitutes an integral part of this distance selling contract
- b) any other explicit declaration of its wish to withdraw, for example by registered letter with acknowledgement of receipt to the following address via San Bernardino 152, 24126 Bergamo (BG) Italy
The Producer shall refund the price of the book, without undue delay and, in any case, within a period of fourteen (14) days from the day on which he was informed of the Customer’s decision to withdraw from the Contract.
This deadline shall be deemed to be complied with if the Client returns the book before the expiry of the 14-day period (in this case, proof of delivery to the post office or courier within the deadline shall be deemed to be proof of delivery).
After receiving the returned book, ATPL ACADEMY may ascertain the existence of any damage that results in a decrease in its value. In this case, the Customer shall be held liable for any diminution in the value of the goods insofar as the diminution is attributable to any handling of the goods other than that necessary to establish their nature and characteristics.
Art.10 TERMINATION OF THE CONTRACT BY RIGHT – PENALTY CLAUSE
All obligations previously assumed by the Customer are essential and relevant, so that the Customer’s failure to comply with any one of them will result in the immediate legal termination of the contract.
The parties expressly agree that in the event of non-fulfilment by the Customer, the latter shall be obliged to pay the sum of €20,000.00 (=twenty thousand/00) as a penalty, notwithstanding ATPL ACADEMY’s right to take legal action for compensation for any further damage.
Art.11 INFORMATION AND CONSENT TO THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH GDPR 679/16
In compliance with the GDPR, ATPL ACADEMY undertakes to process all personal data acquired in connection with the contract in accordance with the regulations on confidentiality.
The customer may exercise their rights under the Privacy Code by sending an e-mail to email@example.com
The Customer declares that he/she has read the information notice and is therefore aware that the Customer’s personal, corporate and tax data, acquired directly or indirectly by ATPL ACADEMY, in addition to the purposes of browsing the Site and any contact requests, will be collected and processed in hard copy, computerised or telematic form, in order to allow the execution of purchase orders. The data acquired by ATPL ACADEMY will be kept for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed. Their removal will in any case take place in a secure manner. For all matters not expressly provided for herein, reference is made to the aforementioned information notice, which the Customer declares to have read, understood and accepted.
Art.12 COURT OF JURISDICTION
For any dispute arising from this distance contract, the following shall have jurisdiction
- according to the provisions of Articles 17 et seq. of EU Regulation No. 1215/2012, the Court of the State where the customer is domiciled, if the customer-consumer is a private individual
- according to the provisions of Article 25 of Regulation (EU) No. 1215/2012, the Court chosen by mutual agreement between the parties, by means of approval of the relevant clause in writing, and failing that, the Court of the State where the defendant is domiciled, if the consumer-client is a company.
Art.13 FINAL CLAUSES
Obligations and commitments arising from this agreement, which by their nature take effect after the expiry, termination or withdrawal (permitted only within the limits set forth in Art. 9 hereof) from the contract, shall remain valid and operative even after that date, until their fulfilment.