Terms & Conditions

General Terms and Conditions
V1.0 / November 2014
The following terms constitute the General Terms and Conditions according to which Aviatest provides the Service to the Candidates.
ARTICLE 1: DEFINITIONS
The capitalized terms shall have the meaning indicated below and shall apply both in the singular and plural:
1.1. “Aviatest” or “Aviatest.eu” means the name under which the Service Provider offers the Service. Aviatest has obtained the approval delivered by the Belgian CAA “Direction Générale des Transports Aériens” DGTA) on November 16th, 2014, and is authorized to subject Candidates to the Assessment, in accordance with article 4 of the Belgian Royal Decree dated June 30th, 2008, which regulates the knowledge of English language in the civil aviation.
1.2. “Candidate” means a pilot (private or professional) or a future pilot who intends to sit the Assessment.
1.3. “Certificate” means the certificate of “English Language Proficiency” required by ICAO and EASA and delivered by Aviatest to a Candidate who has passed the Assessment successfully.
1.4. “Contract” means these General Terms and Conditions, any agreements to which they are appended and/or any documents to which they refer to (offer, purchase order, invoice, mail, etc.).
1.5. “Collaborators” means employees, agents, sub-contractors, associates or others of the Service Provider.
1.6. “Assessment” means the appropriate aviation language test (“English Language Proficiency Test”) required by ICAO and EASA.
1.7. “Assessment Team” means the people who are in charge to subject a Candidate to an Assessment, in accordance with the requirements of Aviatest operations manual.
1.8. “Force Majeure” means the circumstances independent of the will of the parties and which result in the impossibility of executing one or more of the obligations provided for in the Contract. The following are examples of cases of force majeure: acts of state or governmental measures in general, acts of war and terrorism, strikes, labour shortages, shortages of raw materials, shortages or unexpected disruption of equipment or means of transport, breakage of machines, fires, floods, storms, explosions, erupting volcano, and other natural catastrophes.
1.9. “General Terms and Conditions” means these general terms and conditions and any modifications made to them.
1.10. “ICAO” means the International Civil Aviation Organization.
1.11 “EASA” means the European Aviation Safety Agency.
1.11. “Intellectual Property” means the rights to brands, trademarks, drawings, patents, copyrights, sui generis rights on databases, software rights, rights on know-how, and other intellectual property rights, whether registered or not, as well as any application for any of the above mentioned rights, and any other rights aiming to provide similar protection or similar effect on one of the above rights, wherever in the world this may be.
1.12. “Registration Fee” means the price to be paid by the Candidate for the Service.
1.13. “Service” means the service provided by Aviatest regarding the Assessment procedure.
1.14. “Service Provider” means MJDH sprl, having its head office at Camp et Haie, 33 in 7890 Ellezelles, Belgium.
1.15. “Session” means the session during which an Assessment is organized by Aviatest.
1.16. “Website” means the website www.aviatest.eu.
ARTICLE 2: SUPPLY OF SERVICE
2.1. Aviatest shall provide the Service to the Candidate, under the terms and conditions described hereunder.
2.2. Aviatest shall fulfil its obligations with all the reasonably possible diligence.
ARTICLE 3: LOCATION OF ASSESSMENT
3.1. The location of the Assessment is determined by Aviatest. Locations of Assessments are mentioned on the Website.
3.2. Aviatest is entitled to modify the location of the Assessment, provided that (i) the Candidate has been informed of this modification with a twenty-four (24) hour prior notice and (ii) the new location is close to the original location.
3.3 Admissibility criteria of assessment locations are detailed in Aviatest Operations Manual.
ARTICLE 4: REGISTRATION PROCESS TO THE ASSESSMENT
4.1. The registration process to specific Assessment is made online by the Candidate, through the Website or
in person at the location of the Assessment prior to the published starting time of the session.
4.2. The Registration Fee is payable at the time of registration, in accordance with the instructions set forth
on the Website.
ARTICLE 5: CANCELLATION OF AN ASSESSMENT
By Aviatest
5.1. Aviatest will be entitled to cancel a Session if the number of registered Candidates is less than four (4),
provided that Aviatest informs by email the concerned Candidates of this cancellation with a twenty-four (24)
hour prior notice.
5.2. In case of cancellation of a Session by Aviatest, the Candidate will have the option of full reimbursement
of its Registration Fee or rescheduling of another Session, without additional costs.
By the Candidate
5.3. If a registered Candidate cannot sit its Assessment, he will inform Aviatest accordingly with a two (2)
business days prior notice. Should this deadline not be respected, Aviatest will be entitled to keep the
Registration Fee as compensation, except in case of Force Majeure. In the latter case, the candidate will
contact AVIAtest by email at the address info@aviatest.eu within five (5) business days after the start of the
Session to account for the reason of his/her absence in order to receive a refund or a rescheduling possibility.
ARTICLE 6: ASSESSMENT SEQUENCE
6.1. To be eligible to its Assessment, the Candidate will, in addition of the conditions detailed in article 4, (i)
be punctual and (ii) be able to prove his/her identity (ID or valid passport).
6.2. The Assessment takes place in two (2) parts: a first part (Part I) consisting in answering questions selected
randomly by a computer, and a second part (Part II) consisting in a face-to-face conversation with an
Assessment Team. Both parts are detailed in articles 6.4 and 6.6 hereinafter.
6.3. Eating, drinking and smoking are strictly forbidden during the course of both parts of the assessment.
6.4. Part I: the Candidate works alone on a paper provided by Aviatest. The Candidate has to answer questions
about radiotelephony. The minimum results required for the achievement of this Part is 75%.
6.5 The Candidate may only make use of the material (papers, pens…) provided by Aviatest. During Part I, the
Candidates are to remain silent and may not communicate with any other person than the members of the
Assessment Team. The use or attempted use of any other material than the material provided by Aviatest
and/or any form of unauthorized communication will be regarded by Aviatest as fraud, disqualifying the
Candidate immediately from the rest of the Assessment process. In case of alleged fraud, Aviatest may make
use of the video recordings mentioned in 6.8 hereafter to document its decision to exclude the Candidate. A
written report of the incident will also be made by at least one (1) member of the Assessment Team on the
Candidate’s assessment paper, and the candidate will be asked to leave the premises, forfeiting his/her
Registration Fee.
6.6. Part II: The Candidate meets the Assessment Team for a face-to-face conversation based on an audio
document and/or on a specific situation that can occur during a flight. The Assessment Team evaluates six (6)
different criteria (pronunciation, structure, vocabulary, fluency, comprehension and interactions) based on
an ICAO rating scale from one (1) to six (6).
6.7. The final level delivered to the Candidate will be the lowest result between Part I and Part II. Level four
(4) is considered by ICAO as the minimum required level to obtain a Certificate.
6.8. Part I and Part II of the Assessment are (video-) recorded by Aviatest. Such recording will be only used for
legal and audit purposes, in accordance with ICAO and EASA requirements and with applicable rules such as
laws for protection of private life.
ARTICLE 7: COMMUNICATION OF ASSESSMENT RESULTS
7.1. Within five (5) business days after the end of a Session, Aviatest will deliver the results of the Assessment
to all candidates under the form of a certificate, either in person or by regular mail.
7.3. A Candidate shall be entitled to challenge the results of its Assessment within one (1) calendar week after
the Session by sending an email to appeal@aviatest.eu. In this case, Aviatest will submit Assessment records
to another Assessment Team for final decision. A detailed report of this final decision will be sent to the
Candidate by e-mail, and a new certificate will, when necessary by issued and sent to the Candidate having
filed the appeal.
ARTICLE 8 – INTELLECTUAL PROPERTY
The Service Provider is and remains the holder of all Intellectual Property rights related to the Service. The
Service Provider declares that to the best of its knowledge, the Service do not violate the Intellectual Property
and the contractual rights of third parties.
ARTICLE 9: GUARANTEES AND LIABILITY
9.1. Aviatest guarantees the compliance of the Service with the applicable laws and regulations, in particular
ICAO recommendations and EASA regulations.
9.2. Except for the guarantee under article 9.1 above or an express derogation to the General Terms and
Conditions, Aviatest shall offer no guarantee and shall assume no liability for the Service provided by it.
9.3. Aviatest guarantees that the Certificate it delivers will be recognised by aviation authorities of EASA
member states. If a doubt exists as to this recognition, The Candidate shall be notified within one (1) normal
working day of its registration, and will be offered either a cancellation of its registration with complete
refund, or postponing of its Assessment until such doubt can be removed.
9.4 The Candidate holding or intending to apply for a flight crew licence in a country other than an EASA
member state will ask Aviatest about such certification in its country. Aviatest will make its best efforts to
assist Candidates in obtaining such certification.
9.5. Aviatest has an obligation of means and shall not be held liable for any loss or any damage directly or
indirectly related to the execution of the Service.
9.6. Whatever the nature, the basis and the mode of the action taken against Aviatest or its Collaborators, the
total indemnity due to the Candidate in compensation for its prejudice shall not exceed the amount of the
Registration Fee, except in cases of gross negligence or fraud by Aviatest and/or its Collaborators.
9.7. The Candidate shall be solely liable for the accuracy of its data registration.
9.8. The Candidate shall refrain from any exploitation and promotion of the Service which may cause harm to
the reputation of Aviatest.
ARTICLE 10: SUSPENSION OF SERVICE
10.1. Aviatest shall be entitled to suspend the Service with immediate effect and without notice in the event
of non-compliance by the Candidate with its contractual obligations.
10.2. Aviatest shall have the right to suspend the Service without notice or compensation and without prior
notification, in the case of Force Majeure as described in article 12 below.
10.3. In those both cases, Aviatest shall postpone the Assessment until the Candidate has fulfilled its
contractual obligations or the case of Force Majeure has ended.
ARTICLE 11: CONFIDENTIAL INFORMATION
11.1. The Candidate shall treat all information designated as confidential by Aviatest and to which it has or
must have access within the scope of the execution of the Service as confidential and not to disclose such
information.
11.2. The Candidate shall take all the necessary measures to preserve the confidential nature of the
confidential information pursuant to the Service, and namely to: a. only disclose, in whole or in part, verbally
or in writing, the confidential information to employees or representatives of the parties needing to know it
within the scope of the Service. These persons shall be informed of the content and obligations arising from
the Service and the Candidate shall be held liable for the failures committed within this scope by one of its
employees or representatives; b. not disclose the confidential information to any third party unless express
prior written consent is obtained from Aviatest; c. only use the confidential information for the purpose of
the Service; d. return to Aviatest, upon simple request by it, as soon as possible, any document and any copies,
notes, recordings, memorandum or other document originating from it and containing confidential
information;
11.3. The obligations of confidentiality described in the General Terms and Conditions are valid for the entire
duration of the Service and shall continue for five (5) years following the end of the Service, whatever the
cause.
ARTICLE 12: FORCE MAJEURE
12.1. Aviatest shall not be held liable towards the Candidate for non-performance or delays in the
performance of the Service which shall be due to the occurrence of an event of Force Majeure.
12.2. The Service shall be suspended for the entire duration of the case of Force Majeure.
12.3. Each party undertakes to inform the other party of the occurrence of a case of Force Majeure as soon
as it becomes aware of it.
ARTICLE 13: MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
Aviatest reserves the right to modify or adapt the General Terms and Conditions. Any modification to the
General Terms and Conditions shall, however, only apply to contracts underway with the acceptance of the
Candidate, who may not object without reasonable grounds.
ARTICLE 14: MISCELLANEOUS
14.1. Any notifications made between the parties may be validly made by simple mail, fax and email with
acknowledgement of receipt. Any change of address must be notified in writing to the other party.
14.2. The Contract constitutes the full agreement between the parties. The provisions of the Contract cancel
and rescind any provisions of preceding agreements and arrangements made between the parties and
concerning the object of the Contract.
14.3. The Contract is concluded between two independent legal persons, neither of which has the power or
capacity to represent or bind the other vis-à-vis third parties.
14.4. The failure by one of the parties to assert a provision of the Contract or to request the execution of one
of the provisions of the Contract by the other party shall in no event be interpreted as a current or future
waiver of the benefit of these provisions.
14.5. Unless stipulated otherwise in the Contract, articles 1, 8, 9, 11, 12, 14 and 15 of the General Terms and
Conditions shall continue to apply after the end of the Contract, whatever its cause.
ARTICLE 15: SETTLEMENT OF DISPUTES AND APPLICABLE LAW
15.1. Any disputes or differences arising in connection with the Service which cannot be settled amicably shall
be finally settled by the Courts of Tournai, Belgium.
15.2. Applicable law shall be the Belgian law.