GENERAL TERMS AND CONDITIONS OF SALE FOR FLYON AERO TRAINING COURSES

These General Terms and Conditions of Sale, together with the Order Forms and/or Quotes, where signed and accepted for the individual products or services marketed as defined below, govern:

1. the offering, forwarding, acceptance, processing, and receipt of purchase orders for Products or Services, as defined below, also by the website https://my.flyon.aero/;
2. the provision, administration, usage, and scoring of Courses and related Exams where applicable, as defined below, within the scope of aeronautical training;
3. the provision of services dedicated to individual Clients, such as catalog training including but not limited to classroom courses for Skilled Workers, Type Training courses, Masters, delivered in-person or in synchronous or asynchronous mode or via an e-learning Platform.

These General Terms and Conditions of Sale do not govern the provision of services or products by entities other than Flyon Aero Srl and its possible partners or subsidiaries.

Whereas:

• For the purposes of this contract, the following definitions apply:
• “Consumer” refers to a natural person acting for purposes unrelated and/or not referable to their entrepreneurial, commercial, artisanal, or professional activity, or acting for purposes not falling within the scope of any of the aforementioned activities (subject to the provisions of Legislative Decree No. 206/2005);
• “Professional” refers to any natural or legal person acting within their commercial, industrial, artisanal, or professional activity, making a purchase related to or within the scope of that profession (not subject to the provisions of Legislative Decree No. 206/2005);
• “Client” refers to the entity, whether Professional, Consumer, or Public Administration or equivalent Entity, who has purchased a Product or Service according to the information and conditions stated in these General Terms and Conditions of Sale and/or in the Quote transmitted and/or duly completed and signed Registration Form;
• “Producer / Supplier” refers to the legal entity (Flyon Aero Srl, better identified in Article 1 below) providing the training service, identifying it with its name, brand, or other distinctive sign;
• “Product / Service” refers to the training courses provided in e-learning mode and/or in-person;
• “Distance Contract” refers to the contract concluded between the Producer and the Client without the physical and simultaneous presence of the parties, using one or more means of distance communication;
• “Site” refers to the website https://my.flyon.aero/, exclusively owned by the Producer Flyon Aero Srl;
• “Location” refers to the physical place where in-person courses are held;
• “E-learning Platform” refers to the digital environment where courses are conducted in e-learning and/or blended mode, either recorded or live, and where e-books, i.e., study manuals and video lessons (if provided by the course), are available.

• If the Product is purchased via online sales channel (with the obligation of full payment at the same time), the Client is required to express their consent to these sales conditions in point-and-click mode, thereby recognizing and approving them under Articles 1341 and 1342 of the Italian Civil Code, along with the provisions governing registration, access, navigation, and use of the Site.
• The Client expressly authorizes Flyon Aero Srl to use their e-mail address in relation to activities related to the contract and for any information on educational services created and offered by the Producer.
• These General Terms and Conditions, applied in accordance with applicable e-commerce regulations between the Client and the Producer, also serve as “pre-contractual information” under Article 49 of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and form an integral part of the “sales contract” that the Supplier undertakes to conclude within a distance selling system.
• The Client is required to read these General Terms and Conditions carefully before accessing the products and/or services provided by the site, as they are deemed generally and unequivocally accepted upon purchase.
• These General Terms and Conditions may be unilaterally modified and/or updated at any time and without notice by Flyon Aero Srl, which will communicate such changes through the usual communication channels on the site.

The aforementioned premises constitute an integral part of these General Terms and Conditions of Sale.

Article 1 – Subject of the contract

These General Terms and Conditions of Sale govern the sales (concluded through a contract finalized without the physical and simultaneous presence of the parties, using one or more means of distance communication) of products and/or services offered by Flyon Aero Srl, with registered office in Milan, Corso di Porta Vittoria No. 13, share capital € 500,000.00 fully paid up, registered at the Chamber of Commerce of Milan under REA No. MI-2619843, tax code and VAT No. 11698080964, PEC: flyonaero@pec.it.

Article 2 – Pre-contractual information

The Client declares to have read, prior to purchasing the service and/or product provided either in-person or online, all the information contained in the “Course Sheet,” from which the main characteristics of the service/product, the geographical address and identity of the Producer, the price, and the payment methods are evident.

Article 3 – Conclusion of the contract

Pursuant to and for the purposes of Article 1326 of the Italian Civil Code, this distance contract is considered perfected when the Producer Flyon Aero Srl (and for it, the Operators responsible for receiving data and communications related to the conclusion and execution of the contractual relationship) becomes aware of the Client’s acceptance of the training offer, manifested by their online or in-person registration for the selected Course. Upon completion of the registration and payment procedure, the Client receives the necessary credentials to access the telematic educational platform, where e-books, i.e., study manuals, and video lessons (if provided by the course) are available.

Article 4 – Copyright protection

The Client acknowledges the exclusive ownership of all parts of the Site by Flyon Aero Srl, such as logos, images, texts, and course content, thus, under Italian Law No. 633 of April 22, 1941 (Copyright Law), it is strictly prohibited for third parties to use, reproduce, rework, or transmit any part thereof without prior written authorization from the Producer Flyon Aero Srl. Copying, distributing, publishing, or otherwise using or exploiting the educational material without prior written consent from Flyon Aero Srl is prohibited.

The Client, responsible for safeguarding the assigned credentials, who, as a result of enrolling in the Course, has a personal and non-transferable right to access the reserved area of the e-learning Platform, commits to not allowing third parties to use and/or view the services in any way, refraining from any act that infringes Flyon Aero Srl’s exclusive rights and property, and indemnifying the Producer from any claims arising from the use and/or abuse by third parties.

In case of violation of the prescribed obligations, the contract will be considered terminated by law, and Flyon Aero Srl will be free to take legal action to protect any disregarded rights, including seeking compensation for damages suffered. Additionally, if a security problem or unauthorized use is deemed to exist or highly probable, Flyon Aero Srl may suspend the use of the credentials assigned to the Client.

Article 5 – Service provision

The Client declares to be aware of and accepts the prerequisites necessary to access the purchased in-person or online Course (personal computer, browser, etc.), committing to adapt their hardware and/or software system if necessary due to updates to the e-learning Platform.

The Producer, except in cases of force majeure, may interrupt the provision of the educational Service purchased by the Client, immediately notifying via the Web or another chosen form by Flyon Aero Srl, if:

• there are reasonable grounds to believe that security and/or confidentiality issues might occur;
• it is deemed necessary or appropriate to improve access procedures to online or in-person Courses with educational material on the platform, enhancing efficiency.

These communication requirements are not applicable in cases of force majeure, necessity, or urgency. Flyon Aero Srl reserves the right to make changes or additions to the program or schedule, location, and course hours due to organizational or technical reasons; such changes or additions will be promptly communicated to the participant via phone, SMS, and/or e-mail and will not result in a reduction of the overall course duration nor an increase in the agreed fee. The participant must inform Flyon Aero Srl of any changes in phone numbers or e-mail addresses throughout the course period.

The Client has the right to access the e-learning platform and the educational material related to the course program in effect at the time of enrollment, for the entire period provided for the purchased course. After this time, access to these contents will no longer be available, even if the training path has not been completed, unless otherwise agreed with Flyon Aero Srl.

Article 6 – Data security and confidentiality

The Client guarantees the legitimate possession of all information entered into the website https://my.flyon.aero/ for the purpose of purchasing the Course and accessing the related Service, ensuring that it does not infringe on the rights of third parties in any way, directly or indirectly. Therefore, the Consumer or Professional contractor agrees not to enter data that they cannot freely use. The purchasing party is also prohibited from entering false and/or fictitious data during the registration and Course enrollment procedure and in subsequent communications related to the execution of the contract.

In this regard, the Client indemnifies Flyon Aero Srl from any liability arising from the issuance of incorrect data and tax documents (as the Client is solely responsible for their correct entry) and from any obligation and/or burden of direct and indirect verification and control in this matter.

Should it be determined, either autonomously by Flyon Aero Srl or based on reports from third parties, that the data provided is false, the Provider reserves the right to prevent and/or suspend the Client’s registration and the provision of the Service.

Art. 7 – Responsibility and Obligations

Except in cases of willful misconduct or gross negligence by the Producer, the Client expressly exempts Flyon Aero Srl from any liability for direct and indirect damages:

• that the Client or third parties may suffer in relation to or as a result of the provision of the Training Service, or due to its interruption;
• that the Client or third parties may in some way claim due to the lack of connectivity provision by the telecommunications network operator, or also due to the Client’s use of (non-high-speed) connectivity that is technically incompatible with the Service, as well as for the inability to use the Training Course or teaching materials due to defects identified by the Client in using them, if all this is due to the lack of minimum system requirements referred to in art. 5, which is the Client’s responsibility to verify;
• caused by third parties who illegally access the online Training Course or materials placed on the platform in their reserved area, due to the Client’s lack of caution in safeguarding the login and password assigned to them, or due to the absence of other security measures that the Client is required to adopt.

Under no circumstances will the Producer be held responsible:

• for malfunctions of the Service resulting from failures, overloads, interruptions of telephone, electrical lines, or the internet network;
• for third-party non-compliance that impairs the use of the Service, including, by way of example, slowdowns in speed or the malfunction of telephone lines and computers that manage telematic traffic between the Client and the educational platform from which the Service is provided;
• for any fraudulent and/or improper use of credit cards by the Client.

It is the Client’s sole responsibility to ensure the interoperability between the connectivity they have acquired and the platform from which the Service is provided.

Furthermore, the Producer cannot be held responsible for non-compliance with its obligations due to unforeseeable circumstances, objective impediments beyond its direct and immediate control, or force majeure. In the event of such force majeure, Flyon Aero Srl must inform the Client through the Website, along with prospects for regular Service reactivation.

The Client agrees to indemnify Flyon Aero Srl for all losses, damages, liabilities, costs, charges, and expenses (including legal fees) incurred by the Producer as a consequence of any breach of obligations assumed by the Client with the conclusion of the Sales Contract, acceptance of the estimate, or subscription to the Enrollment Form, and in any case connected to the entry of information on the site; all of which, even in the event of claims for damages made by third parties for any reason.

The Client agrees to hold Flyon Aero Srl harmless from any liability in case of complaints, legal actions, governmental or administrative actions, losses, or damages arising from the illegal use of the Service by the Client or third parties.

It should be noted that Flyon Aero Srl does not provide any consultancy regarding the training needs of Clients, consequently, any responsibility regarding the correspondence between the educational content and the Client’s needs is entirely the responsibility of the purchaser. The Producer cannot be held responsible for Courses erroneously purchased by the Client.

The information and materials related to the Courses provided are prepared, reviewed, and updated with accuracy, completeness, and adequacy, thanks to the support and specialist consultancy offered by highly qualified professionals in the design and creation of educational materials.

Finally, the Client may not transfer to third parties any obligation or right arising from this Contract, without prior written authorization, at the sole discretion of the Producer, and communicated by the same via registered mail or certified email (PEC).

Art. 8 – Withdrawal Conditions

The Consumer Client knowingly and expressly agrees to forfeit any right of withdrawal from this contract concluded between the Producer and the Client without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of remote communication, fully applying the exceptions to the right of withdrawal as per Article 59, paragraph 1 letters a) and o) of Legislative Decree 6 September 2005 n. 206 (Italian Consumer Code).

In fact, by purchasing this course in e-learning or in-person mode, the Consumer consents to the provision of digital educational content through a non-material medium, with the express agreement and acceptance of the fact that this circumstance precludes any right of withdrawal.

Furthermore, the Consumer agrees to lose their right of withdrawal from this service, as it is made fully accessible and usable to the user through the electronic delivery of authentication credentials (username and password).

The right of withdrawal is also excluded in contracts between two companies or between a professional and a company, and therefore does not apply in the case of purchase by the Professional Client.

Art. 9 – Termination of Contract and Penalty Clause

All obligations previously assumed by the Client, as well as the guarantee of the proper completion of the payment made by the Client, are essential and significant. Therefore, the breach by the Client of even a single one of these obligations will result in the automatic termination of the contract.

Furthermore, the parties expressly agree that in the event of the Client’s default, the Client will be required to pay, in addition to any outstanding balance, a penalty of 20% of the amount due, without prejudice to Flyon Aero Srl’s right to seek judicial compensation for any further damages.

Art. 10 – Communications – Assistance – Complaints

Official communications regarding the Courses are generally sent by the Producer to the Client through the email address and telephone contacts provided by the Client at the time of registration. These should therefore be monitored from the time of registration until the end of the Course.

In case of a change in residential or domicile address, the Client is required to immediately inform Flyon Aero Srl. Costs arising from searches and reminders will be charged to the Client.

Flyon Aero Srl provides the telephone number (+39) 0131.850185 and the email address info@flyon.aero, which the Client may use for information, requests, and complaints. Administrative offices are open from Monday to Friday, from 08:30 to 12:30 and from 13:45 to 17:45.

Any complaints must be submitted by the Client to the Producer in writing. Flyon Aero Srl undertakes to assess the validity of the complaint and to communicate the outcome of this assessment to the Client within 15 working days from the receipt of the complaint. If the complaint is upheld, the Client will be informed of the measures taken to address the identified issues. In the event of a negative outcome, the Client will still receive a communication.

Art. 11 – Information and Consent for the Processing of Personal Data Pursuant to Article 13 of Legislative Decree No. 196/03 and EU GDPR 679/16

The Client declares that they have been informed in advance, for the purposes of consent, about: a) the purposes and methods of processing their personal data; b) the mandatory or optional nature of providing the data; c) the consequences of not providing the data; d) the subjects or categories of subjects to whom the personal data may be communicated, or who may become aware of it as data processors or officers, and the scope of dissemination of the data; e) the rights reserved to them; f) the identification details of the data controller.

In particular, concerning points a) and b), it is communicated that the collected data will be processed to allow registration for the Service and thus its provision.

Regarding point f), it is communicated that the data controller is Flyon Aero Srl, located at Corso di Porta Vittoria No. 13, Milan. The data will be processed by Flyon Aero Srl using automated electronic tools and manual methods, for the correct provision of the service and according to the purposes mentioned above, to ensure the security and confidentiality of the data.

With reference to point d), the data may be communicated to officers responsible for delivering the Service for the purposes mentioned above. Regarding point e), the User has the right to access their data at any time and to exercise any other rights provided by law, by contacting Flyon Aero Srl, including the right to request, by writing to the email address info@flyon.aero, the source of the data, correction, updating, or integration of inaccurate or incomplete data, deletion, or blocking of data processed in violation of the law, or to object to their use for legitimate reasons to be specified in the request.

Providing the data and consenting to its processing is therefore a necessary condition for completing the registration procedure. The Client, therefore, consents to the processing of data and their communication to third parties for all purposes and methods necessary for the execution of the contract, until its full completion, and also for any judicial actions. The data provided at the time of registration and the concurrent payment for the Course will be processed by Flyon Aero Srl in full compliance with current privacy regulations, including for the purpose of:

• Publishing on the Website reviews, ideas, comments, phrases associated with the Website’s content, as well as material and any other information provided by the Client, all in full compliance with the Website’s Terms of Use and Access; such publication will be associated with a pseudonym (username) chosen by the Client at registration, for which the Client will be solely responsible (and potentially prejudicial to the interests of third parties);
• Sending newsletters;
• Responding to requests made by the User at the provided email address;
• Managing the content that Users voluntarily choose to post on the Website;
• Sending invitations to various events.

A specific Privacy Policy (https://my.flyon.aero/privacy-policy) is provided for consent purposes, in accordance with EU Regulation 2016/679 (GDPR) and Legislative Decree No. 196 of June 30, 2003 (Personal Data Protection Code).

Art. 12 – Online Dispute Resolution

A Client, who is a consumer, is entitled, for the purpose of resolving a dispute amicably, to initiate a dispute resolution procedure through the online platform “ODR” http://ec.europa.eu/odr, available in all languages of the European Union member countries. The list of dispute resolution bodies and their contact details can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

Art. 13 – Applicable Law and Competent Court

These General Terms and Conditions of Sale are governed by Italian law and interpreted in accordance with it, without prejudice to any mandatory provisions of the buyer’s country of habitual residence. Consequently, the interpretation, execution, and resolution of these General Terms and Conditions of Sale are subject exclusively to Italian law.

Any disputes relating to or arising from these terms will be referred to the Court of Milan, with all other jurisdictions being waived. If the user qualifies as a Consumer, any disputes must be resolved by the Court of the place of domicile or residence of the Consumer according to Legislative Decree No. 206 of September 6, 2005.

Art. 14 – Final Clauses

The obligations and commitments arising from this agreement, which by their nature are effective even after the expiration or termination of the contract, will remain valid and in force beyond that date, until their full and complete satisfaction.