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TERMS AND CONDITIONS The UK’s leading provider of premium flying experiences

These are the Terms and Conditions of Aero Legends Ltd, a company registered in England and Wales with company number 07627016 and registered office The Carriage House, Mill Street, Maidstone, Kent, ME15 6YE.

Throughout these Terms and Conditions, the words “we”, “us” and “our” refer to Aero Legends Ltd, and the words “you” and “your” refer to you, the customer.

A – BUSINESS TERMS AND CONDITIONS

Statement of Trust
We trade on the basis of a mutual trust, between our customers and our suppliers. We believe that our suppliers work hard to deliver the best product at a fair price, and we in turn deliver an excellent product at fair prices, which customers then enjoy and appreciate.

Product Descriptions and Accuracy of Information
We cannot guarantee the same aircraft in use as the photos or text descriptions shown on our website and product pages. Whilst every care has been taken to provide an accurate visual representation of the tour experiences available for purchase, individual screen sizes and settings may alter individual colour reproduction. In addition, because screen technology is still being improved, occasionally your monitor may be unable to do full justice to some of the images depicted.

The material on our site, including photographs and descriptions, and any other literature provided by us is provided for general information only and is only intended to represent a general picture of our services. It should not be relied upon or used as the sole basis for making decisions and shall not form any part of any contract that is formed under these Terms and Conditions. Changes may take place before a Voucher is redeemed or before a Flight is undertaken

Our site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only

Changes To Website Content and Terms & Conditions
We reserve the right to:

Update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes;

Modify or withdraw, temporarily or permanently, our website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of our website;

Amend the prices payable for Vouchers or Flights; or

Refuse to continue to allow a person to use our website for any reason at any time.

Pricing and Payment
All goods offered for sale through our website are priced in pounds sterling and are inclusive of VAT. Aero Legends Ltd will remain the owner of any goods or services sold until full payment for such goods or services is received from the customer. Aero Legends Ltd provide goods and services in the form of ‘Vouchers’ and ‘Flights’, each governed by these Terms and ConditionsAll Vouchers and Flights from Aero Legends Ltd have strict validity periods following purchase. Once a Voucher or Flight has expired, it can no longer be used and/or rescheduled. Unless a written request to extend validity beyond defined expiry date due to unforeseen circumstances has been approved, the expiry date will be enforced.

Service Conditions
Except as otherwise expressly mentioned in these conditions, Aero Legends Ltd, shall not be liable for any loss or damage (whether direct or indirect) to the customer or a third party due to negligence during the tour. This does not affect your Statutory Rights under the Sale of Goods Act 1979.

Customer Satisfaction
We take the greatest care to ensure all our tours offer the highest level of customer satisfaction and enjoyment, if however, a customer is unsatisfied, we will make every effort to rectify the situation to ensure the customer is fully satisfied. If a customer would like to make a complaint the matter should be raised with the tour director on the day. He or she will do everything within their immediate power to resolve the matter. If that is not possible, they will take the matter to a Company Director, who will take on the personal responsibility and ownership of the matter until complete resolution has been achieved. Customers who wish to complain to the Company, other than through a Tour Director, should contact our customer services on 01622 812 830

Privacy Policy
Aero Legends Ltd maintains a strict privacy policy. Because we are committed to protecting customer privacy, we will only use the information we collect about customers lawfully in accordance with the Data Protection Act 1998 and according to recommended codes of practice. E-mails we receive and send are kept on our computer systems to ensure that we have a record of all orders placed. However, because the storage of personal information is covered by legislation, we have adopted a simple policy of not disclosing personal information to third parties other than where necessary to fulfil orders. This policy offers total peace of mind and means customers shouldn’t be pestered by unsolicited telephone calls, e-mails or junk mail. We also use this information to update visitors who have registered their details with us, and requested to be kept updated of our latest products. We collect information about our customers to process orders, and to provide the best possible service and also where customers have requested us to keep details. The information we collect about customers includes only their name, address, telephone number, e-mail address and, where it has been supplied, details of any particular areas of interest. This information will have been supplied by the customer either when ordering or when requesting further information or updates. We do not hold your credit/debit card details, and use them for the sole purpose of carrying out the transaction to purchase our products. From time to time we will inform our customers of new products that we introduce, and solicit their comments for the purpose of improving our service. Customers who do not wish to receive mailings can unsubscribe by emailing us using our “Contact us” link in the website.

Photography
The taking of photographs and video for private purposes only is permitted. We do not allow the use of such for commercial purposes. Should professional photography be required, individual flights can be arranged where the right aircraft and in-flight accommodation for camera crew and equipment can be arranged. Please state your requirements on booking.In-Flight video footage (on USB Stick). Some of our experiences have cockpit video available as an optional extra – depending on the aircraft – Video equipment can fail on some occasions. If a video failure occurs i.e. you have no in-flight footage, we will offer you a full refund of your video purchase cost only, if any monies paid. We cannot offer any form of compensation when a failure to record your flight experience has occurred. If the video equipment develops a fault prior to your flight then your flight will still go ahead and we will offer you a full refund of your video purchase cost only.

Copyright
We are the originators of the Fly with a Spitfire© Experiences and offer these in good faith to our customers on the understanding that they then do not copy/ steal/ plagiarise any or all of experiences that we have carefully developed for the safety and enjoyment of our customers. We lay claim to being the first to market with our innovative experiences and are therefore the rightful owners of the intellectual property associated with the Fly with a Spitfire © Experiences, and similarly with Fly with a Fighter, Fly with a Hurricane and other similar warbird experiences. We will vigorously pursue any persons or organisations which deliberately infringe our rights. For further information on copyright ownership, please follow this linkhttp://www.ipo.gov.uk/types/copy/c-ownership/c-creator.htm. Action Stations! is the trading name of the company operating aviation tours, and belongs to Aero Legends Ltd, whose registered address is The Carriage House, Mill Street, Maidstone, Kent, ME15 6YEYou acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content on the site belongs to us and will continue to belong to us.

B – EXPERIENCE VOUCHER CONTRACTS

Contract Terms
By purchasing a Voucher from us, you enter into a contract with us (“a Voucher Contract”). The Voucher can be redeemed, by you or a person to whom you give the Voucher, by booking a Flight with us on the terms of a Flight Contract as set out in Sections C and D of these Terms and Conditions.

Restrictions on Passengers
There are restrictions (including age and medical restrictions) on who we will accept as Passengers, which are set out in Section D of these Terms and Conditions. We will not be liable if you buy a Voucher as a gift but the recipient of the gift does not meet the Passenger restrictions, and no refund will be given for the cost of the Voucher in these circumstances. Please check that the intended recipient meets the Passenger restrictions.

Voucher Validity
The voucher must be redeemed on the aerolegends.co.uk website for an activity that takes place before the expiry date shown on the voucher.
Our flights operate from multiple locations on selected dates between March & November each year. Some flight experiences have very limited availability. Customers are encouraged to redeem their voucher and book a flight experience at the earliest opportunity in order to have a greater choice of flying dates. Bookings are made on a first-come-first-served basis. Once a Voucher has expired, it can no longer be used and cannot be redeemed or extended.

Receipt of Voucher
When you purchase a Voucher we will send you an E-Voucher by email. If any physical giftpack extra is available and selected at purchase, it will be posted to the address of your choice. If you do not receive an E-Voucher email within 24 hours of purchase, please contact us.

C – EXPERIENCE FLIGHT CONTRACTS

Booking a Flight
Bookings can be made online or over the phone. All Flight Contracts are governed by Sections C and D of these Terms and Conditions. When you make a booking for a Flight, you undertake and guarantee that:
you are, or will be on the day of the Flight, able to meet the minimum age of the chosen experience type;
you accept the terms of the Flight Contract as set out in Sections C and D of these Terms and Conditions; and
the terms of the Flight Contract shall apply to your booking to the exclusion of all other terms and conditions.

Flight Validity
The Flight must be completed within 12 months of the first booked date. Flights are available on selected dates throughout the year. Bookings are made on a first-come-first-served basis.Once a Flight booking has expired, it can no longer be used and cannot be rebooked.

Payments
The full price for the Flight must be paid at the time of booking (unless a product is available for part payment/deposit), either by credit/debit card or by redemption of a valid Voucher. No firm booking will be made until payment (including deposit payments) is received by us, and until the booking is firm we may offer the Flight session to other parties. Once we have received payment, we will send you an email or letter, as appropriate, confirming your booking. All balance payments are required to be made 30 days prior to the booked flying experience. Failure to pay the balance payment may result in the Flight session being offered to other parties and the loss your deposit payment

Availability of Flights and Arrival
Flights are available on selected dates throughout the year. Flight availability can be viewed online or obtained by contacting our office. Bookings are made on a first come-first-served basis. For Fly in a Spitfire and Fly a Fighter Jet Experiences, the briefing time will be 08:45 for flights between 10:00 – 13:00 and 12:45 for flights between 14:00 and 17:00. Participants for all other experience types should arrive 1-hour before their booked take-off time. If you fail to arrive by the given time on the day of your Flight, you may forfeit your Flight, and no refund will be given.

Should a booked flight not be able to reach a specified location due to inclement weather conditions but other options remain available, the flight will go ahead to an alternative suitable location based on the length of flight that has been booked.

Age, Medical and Physical Restrictions
We may refuse to allow you to undertake a Flight if for any reason we feel you are unsuitable to participate. All student pilots must be aged 16 or over (Bi-Plane Experiences, T6 Harvard). All Fly in a Spitfire and Fly a Fighter Jet experience passengers must be aged 18 or over. All Fly with a Spitfire Experience passengers must be aged 7 or over (under 14 must fly with adult). We require all students and passengers to provide suitable proof of age upon check-in.

We are not qualified to express an opinion confirming that you are fit to fly, and you must ensure that you are fit to fly, by consulting your doctor if necessary. You are responsible for advising us of any disabilities or health problems that might affect your safety or the safety of the pilot. Before the Flight, you will be required to sign a medical declaration regarding your fitness to fly. You must read this form carefully before arrival at our facilities. For most experiences you must meet the requirements for driving a car or have written confirmation from a doctor that you are fit enough for the proposed Flight.

You must have the mental capacity to remember some straightforward emergency procedures, and a degree of physical strength to execute them. By signing the Medical Declaration, you will acknowledge that you meet these requirements, and you may also need to satisfy our staff that you are a reasonably minded individual when presented with the information to make your decision to give written consent to undertake the Flight.

If you are not feeling completely well on the day of the Flight, you must not undertake the Flight. You must not undertake the Flight if:
you are suffering from any serious medical condition (including epilepsy, fits, severe head injury, uncontrolled high blood pressure or heart condition);
you have recently undergone surgery (unless you bring with you a written certificate of your fitness to fly from your doctor);
you are on prescription medication which may affect your fitness to fly (please discuss with your doctor, as we are not qualified to advise on this);
you are suffering from a cold or sinus infection;
you are pregnant; or
you are suffering from any condition affecting your breathing or consciousness.

If you suffer from any of the following conditions or any of the following applies to you, you must, at your own cost, discuss with your doctor the possibility of undertaking the Flight and obtain written confirmation of your fitness to fly: diabetes treated with potentially hypoglycaemic medication, angina/coronary disease, implanted cardiac devices, heart failure, cardiac valve replacement, chronic lung disease, pneumothorax, recurrent fainting, epilepsy, cerebral disorders, alcohol/substance misuse, use of antidepressant medication, psychotic disorders, personality disorders, physical disability (if relevant to your ability to undertake the Flight), any transplant, malignant disease, medication likely to cause drowsiness or incapacitation, sleep disorder, endocrine disorder or major surgery.

You must not drink alcohol or take any drugs prior to the Flight.

Fly In a Spitfire Specific Terms & Conditions
Maximum weight is 108kg / 17 stone, and maximum height is 198cm / 6’6”. You will be weighed on the day of the Flight.
No Passenger will be allowed to fly if his/her dimensions do not allow unrestricted movement of the control column of the aircraft.
All passengers must be able to walk (at least) 50 meters unaided and safely climb into and out of the aircraft.
Aerobatics can only be performed during Spitfire Flights if you are medically fit for such a manoeuvre (and subject to certain other conditions).
Harvard Formation Experiences are offered as an optional extra with Fly in A Spitfire Experiences. In the event the Harvard pilot, passenger or aircraft become unavailable through illness or technical malfunction the Fly In A Spitfire Experience will continue.

Fly a Fighter Jet Specific Terms & Conditions
Minimum weight is 57kg and maximum is 102kg including all flying clothing. You will be weighed on the day of the Flight.
Minimum: 157cm (5ft 2) Maximum: 189cm (6ft 2½). If you are outside (but close to) these height requirements, it may still be possible for you to fly, but you will need to be assessed by our staff, sitting in the actual aircraft.
All passengers must be able to walk (at least) 50 metres unaided and safely climb into and out of the aircraft.
Aerobatics can only be carried out during Fly a Fighter Jet Experiences provided the manoeuvres and flight profile have been briefed on the ground with the pilot.
Occupants should expect significant and sustained G-Forces during the aerobatics and if in doubt, seek medical advice about their suitability to experience these manoeuvres.

Fly with a Spitfire Experience Specific Terms and Conditions
Maximum weight is 115kg / 18 stone, and maximum height is 198cm / 6’6”. All participants must be able to walk 50 metres unaided. We are operating a flying experiences programme to showcase vintage aircraft in flight. Our primary objective is to give our customers the opportunity to view and photograph these aircraft flying in settings reminiscent of the Battle of Britain, such as the White Cliffs of Dover.

Whilst we will endeavour to fly to the scheduled location on the day, should the weather preclude us from doing so, we may elect to fly to an alternative popular setting. Flights can take place in both fixed wing and rotary aircraft, and we reserve the right to use one type or the other for the purposes of providing our customers with a photographic platform from which to view, observe, photograph or film the accompanied aircraft. We reserve the right to deliver your flight with any Spitfire, in any authorised passenger aircraft suitable and serviceable for the purpose on your event date, to any location should weather or circumstances not permit flight to your chosen destination.

Bi-Plane Experiences*, T6 Harvard Specific Terms and Conditions
Maximum weight is 108kg / 17 stone. All participants must be able to walk 50 metres unaided.

*Fly a Bi-Plane experience For Two / Jackaroo
Student pilot must be aged 16 or over, Maximum weight is 105kg under 6ft, Optional Second passenger must be aged 14 or over, maximum weight 64kg under 6ft.

Risk
Some experiences available from Aero Legends are considered higher risk than commercial air transport, such as flights in Spitfire or Jet Aircraft. For these experiences we provide Risk Information to each participant – both available at purchase and throughout the booking process. Each participant must read, understand and accept this information prior to undertaking flights in the related aircraft types.

Insurance
The aircraft in which the Flight takes place will be fully insured for third party and passenger. If you hold personal life insurance or similar policies, you should make your own enquiries before the Flight as to the extent of cover whilst participating in adventurous activities such as this. It is your responsibility to ensure that the insurance cover provided by us or otherwise available to you is suitable and adequate for all your needs. If you decide that you require additional insurance cover, it is your responsibility to obtain such insurance at your own cost.

Further Regulations Relating to Flights
If you have any requests for the Flight content, you should relay them to your pilot during the briefing before the Flight. The pilot will discuss your wishes and the viability of what is being requested, but retains full discretion over whether or not your request can be met.

Cameras are not permitted on-board the aircraft. However, video recordings of the Flight are taken (content of video recordings cannot be guaranteed). After the Flight, it may be possible to get some photographs with you and your guests in the vicinity of the aircraft.

At the end of the Flight, you should remain seated with all of your equipment and straps done up until one of our ground staff helps you to unstrap and get out of the aircraft.

All flights take place from active airfields with strict airside policies. All guests must be escorted by a trained member of staff while airside.

D – CANCELLATION / DATE CHANGE TERMS AND CONDITIONS

Our policy is to operate our experiences with a complete commitment to customer satisfaction. When one is booked, we are committed to you our customer, and you in turn are committing to us to show up on the day you have booked, at the allotted check in time. Failure to do so, without prior written agreement will make the booking null and void, and no refund will be given.

Our flying events are unique in providing our customers with the thrilling experience of flying with vintage aircraft. The planning and management of each event is done to a very high degree and if someone drops out having booked a place, we have to go to a considerable amount of trouble and cost to fill that space. Consequently, we take the matter of cancellation or date changes very seriously, and we expect anyone booking to treat the matter accordingly. All circumstances leading to a cancellation will be taken into consideration and a decision made at our discretion.

Fly In A Spitfire (Including Formation) and Fly a Fighter Jet Experience Specific Cancellation and Date Change Terms
Additional to the terms below, our Fly In A Spitfire and Fly a Fighter Jet flying guests are given the opportunity to consider their decision in a relaxed and unpressurised environment. The decision to participate should be made before the participant has boarded the Spitfire/Jet Aircraft on the basis that the participant makes an informed decision about the risks associated with the flight. If the participant cancels their flight within the validity period of their voucher, they can re-book the Flight for a later date or allow another eligible person to undertake the Flight at a later date. Alternatively, a refund of the full cost of the flight to you (minus any card processing fees and an administration fee of £30.00) will be processed to the original purchaser of the Flight or Voucher ONLY.

Voucher Refunds
Vouchers are not covered by the Financial Services Compensation Scheme, and no refunds will be offered except as expressly set out in these Terms and Conditions. If requested within 14 days of purchase, a full refund (minus card processing fees) will be given by us for the cost of a Voucher unless the Voucher has already been redeemed. Refunds will not be made to a Voucher holder who is not the purchaser, or to any third party. Any refund will be processed, and a credit will be applied to your credit card or original method of payment, within 14 days of the request for refund. The Voucher will then be null and void. Refund requests must be in writing and emailed to info@aerolegends.co.uk. Once 14 days have passed from the date of purchase, a refund for a Voucher will only be given at our sole discretion. A Voucher can, however, be assigned to a new Passenger at no additional charge. Please advise us if you wish to change the name of the person flying.

Flight Cancellation By You
Once a Flight is purchased – if requested within 14 days of purchase – a full refund (minus any card processing fees and an administration fee of £30.00) will be given by us. After that time all Flights are non-refundable*. There are exceptions, such as;

Pregnancy – If you are unable to take part in your flight during the validity period of the ticket because you are pregnant, we will extend the validity period by 9 months from the baby’s due date provided that before the expiry of the validity period of your vouchers you contact us in writing or by email or fax and in addition supply us with a copy of a valid MATB1 (obtainable from 26 weeks of pregnancy) relating to your pregnancy.

Illness or incapacitation. We are sympathetic to anyone suffering from illness and unable to attend and enjoy an event. All genuine requests will be treated on an individual basis, and they must be supported by your doctor or medical advisor as appropriate. We will normally re-schedule your experience to the next available date on a ‘once only’ basis.

*Fly In A Spitfire (Including Formation) and Fly a Fighter Jet Experience Specific Cancellation and Date Change Terms

Flight Cancellation for Overseas Visitors
We particularly appreciate you travelling to fly with us – we know how much they each mean to many ‘non – UK’ visitors, and we recognise the investment in time and money you make coming to see us! Therefore, if your flight has to be cancelled due to unforeseen circumstances and you have had to bear the cost of international travel to take up your experience, whilst we will not refund those costs, as a gesture of goodwill, we will refund the value of your flight if purchased directly from us.

Flight Cancellation By Us
The majority of our flights go ahead as planned, however, we are flying in the UK and like other outdoor experiences, and we are subject to the vagaries of the weather.

Our pilots are the final word on passenger safety and the suitability of flying conditions. Customers cannot cancel their flights based on their own opinion of the weather. If the pilots decide to postpone your flight due to poor weather, you will be emailed the news and asked to rebook your flight using our online booking system. Pilots endeavour to make weather-based decisions 48 hours prior to all booked appointments but in some circumstances, cancellations may take place with little notice.

Please also acknowledge that we are flying vintage aircraft which are subject to thorough and extensive safety checks and maintenance programmes, which sometimes pick up faults necessitating unscheduled repairs, and therefore delays.

Despite the best preparation and planning we sometimes have to cancel flights at short notice, in some cases on the day itself. We always do our very best to work around these delays by extending the flying programme, adding more flights, or another day of flying. However, we can’t always come up with the magic solution and you may have to come back another day to have your experience.

Aero Legends Ltd are not responsible for any personal costs or additional costs relating to a cancelled flight or event experience.

So please read the following terms!

Short Notice Flight Cancellation
We may at our discretion cancel your flight for any booked date or alter its’ time without notice because of matters beyond our or their reasonable control, for example adverse weather conditions, or for safety or legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.

Flying On An Alternative Date
Should we need to cancel, you will be offered the opportunity to book another date during the current flying season if possible. Should there be limited availability, or there isn’t a date that fits in with your plans, your ticket can be re-validated for the following season – this applies only to re-bookings after mid – season (July onwards)

Flight Refund Requests Due To Weather Or Aircraft Unserviceability

Full refund Request
Under normal circumstances all Flights are non-refundable, however you are entitled to a monetary refund if you do not fly after four booked dates– for example if flights are cancelled due to unsuitable weather conditions, mechanical unserviceability of the aircraft, illness. The following conditions apply to this refund:You must notify us in writing that you want a refund instead of flying, within 21 days of the date booked for the last flight attempt. We will deduct a £50 handling fee per voucher.

You must return the vouchers at your cost and risk in the state and condition in which they were when delivered, to our address at Aero Legends Office, Headcorn Aerodrome, Headcorn, Ashford, Kent. TN27 9HX, before a refund or exchange will be issued. (Please note we are only able to make a refund to the original ticket purchaser – not the recipient).

50% Monetary Refund Request
You are entitled to a monetary refund equal to 50% of the amount paid for each Flight if you do not fly after three booked dates because the flights are cancelled by us.If you decide to take this early opt-out, the following conditions apply: You must notify us in writing that you want an early opt-out instead of flying, within 21 days of the date booked for the last flight attempt.

All Requests For Refunds
Must be made initially by phone/email and then followed up in writing, accompanied by the original Voucher or Flight Confirmation and copy of invoice. This is to ensure that we have a documented request that both parties can refer to and avoid further claims and disputes. Once your request is received, please allow 30 working days for the refund to be processed and for payment to be received on the account of the original purchaser.

Force Majeure
Should other circumstances outside of our control, which could not have been prevented despite all efforts and precautions on our side – for example Acts of God, riots, civil unrest, put stop to an event, pandemics, refunds will not be given. All booked passengers will be re-scheduled to future dates when the event will be held as normal, after the disruption has passed.

Date Changes Terms – Re-booking
Because our flights are booked in advance, each one is planned taking into account each customer – especially their body weight. As you can imagine this is a logistical challenge! If one person drops out of a flight the knock-on effect can mean a whole day of flight planning has to be re-worked. Unfortunately, this creates costs that we have to cover.

Therefore, when requesting a change of date up to 30 days before the original date fixed, you will be charged an administration fee of £55.00 (incl. VAT) payable at the time of re-booking. This fee is applied to every date change request, up to 30 days before the event date booked.Within 30 days before the booked event, the decision to accommodate the date change request will be made at our discretion, and will depend on availability of another date at a future event. If we can make the change, we will do so, and an admin fee of £105.00 inc. VAT will be charged.

Would someone you know like to fly instead?
Rather than cancel or make a date change, and have to pay the penalty, it may be worth considering finding a friend or relative to replace you on a flight. After all, this is the flying experience of a life time, and many would jump at the chance to fly instead of you!

Miscellaneous
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

The appropriate sections of these Terms and Conditions constitute the entire agreement and understanding between you and us and govern, as applicable, any Voucher Contract or Flight Contract between us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Cancellation Terms and Conditions
Our terms and conditions apply to all purchases through our websites and through telephone bookings. They can be changed at any time, so ensure that you read and understand them before making your final booking.Should you have any further questions about our terms and conditions, please call our office on 01622 812830 or email us at info@aerolegends.co.uk