Terms and Conditions of Pilot Training

1. Definitions

1.1 “Agreement” shall mean the agreement concluded based on these Terms and Conditions between the Customer and the Jetfly Training center.

1.2 “Customer” shall mean the legal or natural person who concludes an Agreement with Jetfly for the provision of Training Services and/or Training Facilities described in an Offer.

1.3 “Jetfly Training center” shall mean JETFLY EXECUTIVE AVIATION SA, a limited company incorporated under the laws of Switzerland, with its registered office at Avenue du Grey 117, 1018 Lausanne, Switzerland.

1.4 “Offer” shall mean an offer for the provision of Training Services and/or Training Facilities submitted to the Customer by Jetfly.

1.5 “Party” or collectively “Parties” shall mean Jetfly and the Customer.

1.6 “Trainee” shall mean the natural person(s) undertaking training pursuant to the Agreement.

1.7 “Training Facility” shall mean a training facility operated by Jetfly or its subsidiaries.

1.8 “Training Fee” shall mean the fee owed by the Customer to Jetfly for the Training Services and/or the use of the Training Facilities pursuant to the Agreement.

1.9 “Training Services” shall mean training services as defined in an Offer.

2. Applicability

2.1 These Terms and Conditions govern the business relationship between Jetfly and its Customers and apply to all Jetfly Training Services, Training Facilities and products. They shall form an integral part of the Agreement.

2.2 Conflicting or deviating terms and conditions shall not apply unless otherwise agreed in writing between Jetfly and its Customers.

2.3 These Terms and Conditions shall prevail over all other terms and conditions, and specifically any terms and conditions of the Customer.

3. Agreement for pilot training

3.1 Jetfly shall provide the Training Services and/or provide the Training Facilities to the Trainees designated by the Customer based on an Agreement.

3.2 The basis for the conclusion of an Agreement is an Offer submitted to the Customer by Jetfly. Unless stated otherwise in the Offer, Offers are non-binding and require confirmation.

3.3 An Agreement is concluded when the Customer accepts the Offer in writing (e-mail is sufficient) within a period stipulated in the attached Offer and Jetfly confirms the Customer's acceptance of the Offer. The Customer’s acceptance of the Offer must comply with the contents of Jetfly’s Offer and these Terms and Conditions.

4. Scope of the agreement

4.1 Jetfly undertakes to carry out training with the required due care and in accordance with legal requirements and the applicable current training rules and regulations.

4.2 Jetfly undertakes to carry responsibility for a regular and efficient training within the space of its capacity and with consideration for the cooperative responsibility of the Trainee.

4.3 Jetfly has the right to use subcontractors to carry to carry out training.

5. Cooperation of the trainee

5.1 Jetfly shall provide the Trainee with an orientation about safety and security at the Jetfly premises.

5.2 The Trainee undertakes to follow instructions given within the framework of the training at all times and comply with Jetfly’s safety and security regulations.

5.3 The successful completion of training requires certain skills, aptitude, motivation, diligence, and capacity to accept instruction on the Trainee’s part which cannot be evaluated in advance.Accordingly, the Customer and the Trainee acknowledge and agree that no employee, agent or other representative of Jetfly can or does make any representation, promise or warranty concerning:

(a) the Trainee’s ability to complete the training, or any part thereof, either at all or within a specified period; or

(b) the time necessary to obtain one or more particular ratings, a given number of flight hours or to complete written tests and flight tests.

5.4 The Trainee shall take responsibility for the management of their own individual flight training progression and development.

5.5 The Trainee shall inform Jetfly as soon as possible of any health condition that may affect safety during a flight or training in a simulator.

5.6 Consumption of alcohol and illegal drugs is strictly forbidden on the Jetfly premises and must not be consumed within [12] hours of any flight, simulator, or ground training.

5.7 Jetfly will refuse to allow a Trainee to fly if Jetfly deems the Trainee is unfit to fly whether as a result of the consumption of alcohol and/or drugs, illness, or any other reason.

5.8 The Trainee consents to Jetfly performing ad-hoc drug and alcohol testing (by taking specimen samples of breath, blood, and/or urine) as and when Jetfly deems it appropriate. Where a blood sample is required from a Trainee, an appropriately qualified medical professional will be used to take that sample.

5.9 If the Trainee tests positive for drugs and/or alcohol, Jetfly has the right to cancel Training and terminate the Agreement, by Article 7.4.

6. Training fee

6.1 based on the Training Fee agreed between Jetfly and the Customer, the Customer shall pay Jetfly the Training Fee such that it is credited to the account specified by Jetfly prior to the start of training.

6.2 All and any expenses incurred by Jetfly on behalf of the Customer and which are not included in the Agreement shall be for the account of the Customer and payable by the Customer following the payment terms of the Agreement.

7. Dates, termination, cancellation

7.1 The training dates agreed upon in an Agreement are binding and may only be changed with the explicit consent of Jetfly.

7.2 The Customer will ensure that the Trainee keeps to the training dates established by Jetfly.

7.3 Unless otherwise specified in the Agreement, the Customer may cancel training while paying the following cancellation fees as compensation for Jetfly’s damage resulting from the Customer’s cancellation:

Cancellation received by Jetfly - Cancellation fee (Percentage of the Training Fee)

More than 28 days before Training starts - 0%

27 to 15 days before Training starts - 50%

Less than 14 days before Training starts - 100%

7.4 Jetfly will keep 100% of the Training Fee if the Trainee fails to appear at the start of training.

7.5 Jetfly is entitled to cancel training at any time during a course and to terminate the Agreement with the Customer in whole or in part without replacement (e.g. for disciplinary reasons or for lack of performance), for an important reason. Important reasons for cancellation shall be in particular:

(a) liable infringements by the Trainee against the Agreement, the training rules, the training regulations, or relevant legal provisions,

(b) liable damage of a training device, an aircraft or any other property of Jetfly by the Trainee,

(c) a missed payment deadline and

(d) deficiencies in the person of the trainee insofar as they shall have a negative consequence for the purpose of the training and/or are at risk of endangering public safety and order.

The Customer will not be entitled to any refund of the Training Fee or other monies paid to Jetfly.

7.6 Events due to force majeure such as war, natural disasters, earthquakes or industrial disputes which are unforeseeable, unavoidable and beyond the control of Jetfly and for which Jetfly bears no responsibility, including a loss of trainer without replacement, release Jetfly from the obligation to provide the Training Services and/or make the Training Facilities available on time for the duration of the resulting effects. Agreed dates for the provision of Training Services shall be postponed for the duration of the event and the effects thereof. The Customer shall be informed in an appropriate manner of the occurrence of such event and corresponding repercussions. If the end of the event and its repercussions are not foreseeable or should they last longer than three (3) months, either Party shall be entitled to withdraw from the Agreement.

8. Personal data protection

8.1 8.2 8.3 Jetfly treats all company and personal data it receives in connection with its activities or that it generates through its activities, in complete confidence. Jetfly treats personal data with the utmost care. When individual personal reports are made on Trainees, Jetfly considers them the sole beneficiaries of that information, regardless of who has placed the Order or pays the Training Fee. Reports or information on Trainees shall be shared with other persons, in particular other members of the organization the Trainee belongs to and/or their supervisors, only with the consent of the Trainee. Jetfly uses the personal data provided by the Customer and the Trainee for the purpose of processing the Agreement or registration (e.g. name, address, payment data) and fulfilling the Agreement. Customer and Trainee data will not be passed on to third parties except for the purpose of executing the Agreement.

8.4 At any time and without charge, the Customer and the Trainee may have their respective stored data queried, changed or deleted by Jetfly. Any consent given can be revoked at any time.

8.5 More information can be found at: https://www.fly7.ch/en/privacy/

9. Liability and insurance

9.1 The activity of Jetfly is a pure service activity. Jetfly therefore makes no guarantee or warranty to the Customer or the Trainee that the Trainee will acquire any particular proficiency to qualify for any license, certificate or rating issued by any regulatory agency or governmental authority and Jetfly shall not be responsible for the competence of any participating individual.

9.2 Jetfly shall be liable exclusively for damage caused by it or its employees intentionally 9.3 9.4 9.5 or through gross negligence. Any further liability, as well as for indirect or consequential damages, is excluded. The Customer shall take out any and all insurances required for itself, its personnel and any Trainee registered by the Customer including, but not limited to, insurance covering general liability and accidents. The Customer shall take out all insurances in respect of liability arising from loss of or damage to Jetfly’s property. The Customer shall indemnify Jetfly in full against all costs, damages, expenses and losses, including any interest, fines, legal and other professional fees and expenses awarded or incurred or paid by Jetfly as a result of or in connection with any claim brought against Jetfly for actual or alleged damage to any third party property or equipment, including any airport or aircraft, caused by the Trainee.

9.6 If circumstances arise in which Jetfly, through no fault of its own, fails to provide intended Training Services to the Trainee for reasons other than those set forth inArticle 7.5 (e.g. technical problems relating to an aircraft or due to any regulatory or operational reasons), Jetfly's liability to the Customer shall be solely to provide the Trainee (at no additional cost) with the use of the Training Services and/or the use of the Training Facilities on alternative dates convenient to the Customer when they are available for such use.

10. Variation

Jetfly reserves the right to amend these Terms and Conditions at any time and will endeavor to provide notification of such changes on Jetfly’s website, http://www.jetfly.com.

11. Governing law

The Brokerage Agreement shall be governed by, construed, and enforced in accordance with the laws of Switzerland, without regard to its conflict-of-law rules.

12. Jurisdiction

Any dispute, controversy or claim arising out of, or in relation to, the Brokerage Agreement, including the validity, invalidity, breach, or termination thereof and non-contractual