Terms and conditions

Identification

§ 1These terms and conditions are those of Mr Miguel De Volder, self-employed sole trader, trading under the name SKYMIG, with principal place of business at Spiltstraat 144, 1980 Zemst (Belgium), registered with the Crossroads Bank for Enterprises under enterprise number 0748.466.054, VAT BE 0748.466.054 (hereinafter: “SKYMIG”).

§ 2Contact: devoldermig@gmail.com, +32 499 28 83 98. Complaints may be sent to the same e-mail address; SKYMIG responds within ten (10) working days.

§ 3Flight instruction is provided under a valid FI(A) instructor rating issued by the competent aviation authority.

Definitions

Client

any natural or legal person purchasing Services from SKYMIG, including the purchaser of a Gift Voucher.

Consumer

any Client who is a natural person acting for purposes outside his trade, business, craft or profession, within the meaning of the Belgian Code of Economic Law (CEL).

Professional Client

any Client who is not a Consumer, such as a company, flight school or employer.

Services

flight instruction, theory lessons, discovery flights, selection preparation, coaching, advice, digital learning materials and related services provided and invoiced by SKYMIG.

Session

any individually scheduled lesson, coaching session, training or appointment, in person or online.

Training Programme

any package or programme consisting of several Sessions, such as the selection coaching programme.

Discovery Flight

a flight on which one or more Passengers are introduced to flying under the guidance of a pilot.

Passenger

any person taking part on board in an Discovery Flight, including where that person is not the Client.

Gift Voucher

a voucher issued by SKYMIG entitling the holder to an Discovery Flight or another Service stated on it.

ATO

the approved training organisation (ATO or DTO) within whose framework a flight is conducted and whose aircraft is used.

Agreement

any agreement between SKYMIG and the Client relating to the Services.

Scope

§ 1These terms and conditions apply to all quotations, bookings, Gift Vouchers, Agreements and invoices of SKYMIG, whether the Services are provided in person, online, individually or in a group.

§ 2Services offered and invoiced under the V1 brand are not covered by these terms and conditions. They are governed exclusively by the terms and conditions of the service provider that invoices them.

§ 3Any general terms and conditions of the Client do not apply, unless expressly accepted by SKYMIG in writing.

§ 4Deviations are only valid if agreed in writing. Confirmation by e-mail is sufficient.

Formation of the Agreement

§ 1The Agreement is formed at the earliest of the following moments: written acceptance of a quotation (including by e-mail or messaging app), confirmation of a booking, purchase of a Gift Voucher, payment of an (advance) invoice or commencement of the Services.

§ 2A quotation is valid for the period stated therein or, failing that, for fourteen (14) calendar days.

§ 3The Client guarantees that the information provided is complete, accurate and up to date, and informs SKYMIG without delay of any change that may affect the Services.

Prices, invoicing and payment

§ 1Prices are agreed in advance and expressed in euro (EUR). For Consumers, prices include VAT and all other applicable taxes.

§ 2Discovery Flights and Gift Vouchers are paid in full in advance, at booking or purchase. A flight is only definitively scheduled once payment has been received.

§ 3For other Services, unless stated otherwise, invoices are payable within fourteen (14) calendar days of the invoice date. Professional Clients pay without withholding or set-off. SKYMIG may request an advance payment or full payment in advance for a Training Programme.

§ 4Invoices to Professional Clients registered for VAT in Belgium are issued as structured e-invoices via the Peppol network. Other Clients receive their invoice electronically.

§ 5Objections to an invoice must be made in writing, stating reasons, within fourteen (14) calendar days of receipt. For Professional Clients, an invoice is deemed accepted after that period. For Consumers, this period does not affect their statutory rights.

§ 6Late payment by Professional Clients: any invoice unpaid on its due date shall, by operation of law and without notice of default, give rise to (a) late payment interest at the rate set out in the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, and (b) a fixed compensation for recovery costs of forty euro (EUR 40), without prejudice to SKYMIG’s right to claim higher, demonstrable compensation.

§ 7Late payment by Consumers: in case of non-payment on the due date, SKYMIG sends the Consumer a free first reminder. The Consumer then has at least fourteen (14) calendar days to pay, starting on the third working day after a paper reminder is sent or the working day after an electronic reminder is sent. If payment is still not made, the Consumer owes by operation of law: (a) late payment interest on the outstanding balance at the rate referred to in Article 5, second paragraph, of the Act of 2 August 2002; and (b) a fixed compensation of:

§ 8As long as an invoice due is not paid in full, SKYMIG may suspend the Services after prior written notice.

Scheduling and cancellation of lessons and coaching

§ 1This article applies to Sessions such as flight lessons, theory lessons and coaching. Article 7 applies to Discovery Flights.

§ 2Sessions are scheduled by mutual agreement. Cancellation or rescheduling by the Client must be made in writing, by e-mail or messaging app.

§ 3For cancellation or rescheduling of a Session by the Client:

§ 4If the Client arrives late, the Session ends at the originally scheduled time and the full price remains due.

§ 5In case of demonstrable illness or force majeure on the part of the Client, SKYMIG will reasonably allow free rescheduling.

§ 6Flight lessons cancelled due to weather, technical unavailability of the aircraft or a safety decision of the instructor are rescheduled free of charge. The decision whether or not to fly rests solely with the instructor. Any aircraft charges made by the ATO follow the ATO’s rules.

§ 7If SKYMIG has to cancel or reschedule a Session, SKYMIG proposes a new date as soon as possible. If that is not possible, amounts already paid for the Session not delivered are refunded. If SKYMIG cancels a Session less than twenty-four (24) hours before the start, other than for the reasons in § 6 or due to force majeure, the Consumer is also entitled to compensation equal to what he would himself owe in the same circumstances under § 3. Save for mandatory law, the Client is not entitled to any other compensation.

§ 8Amounts for Services already provided are non-refundable. If the Client ends a Training Programme on his own initiative after it has started, the following remain due: (a) the part already provided, calculated pro rata on the price of the Training Programme; (b) costs already incurred that cannot be recovered, such as reserved simulator or aircraft time; and (c) a fixed compensation of twenty-five percent (25%) of the price of the unused part. The balance is refunded.

Discovery Flights

§ 1SKYMIG is the Client’s contracting party. The flight is conducted within the framework of an ATO, in an aircraft of that ATO, by a pilot holding the required licences and ratings.

§ 2The date is set by mutual agreement, subject to aircraft availability and weather conditions. The stated flight duration is the planned time in the air. Route, altitude and duration may change due to weather, air traffic control or safety, without any right to compensation.

§ 3If a flight is ended for safety reasons before half of the stated flight duration, SKYMIG offers, at the Client’s choice, a new flight free of charge or a refund in proportion to the time not flown.

§ 4When booking, the Client states the correct weight and height of each Passenger. The maximum values per aircraft are communicated at booking. A Passenger who is a minor may only fly with the written consent of a parent or guardian.

§ 5Each Passenger: (a) is not under the influence of alcohol, drugs or medication affecting fitness during the eight (8) hours before the flight; (b) reports in advance any medical circumstances that may affect safety, such as pregnancy, recent surgery or diving in the previous twenty-four (24) hours; and (c) follows the pilot’s instructions on the ground and on board.

§ 6The pilot alone decides whether a flight takes place and whether a Passenger may fly. If a flight cannot take place because a Passenger does not meet § 4 or § 5, or because of incorrect information, the flight is deemed cancelled by the Client less than forty-eight (48) hours before the start.

§ 7For cancellation or rescheduling by the Client:

§ 8A flight that does not take place due to weather, technical unavailability of the aircraft, a safety decision of the pilot or a cancellation by SKYMIG is rescheduled free of charge. If SKYMIG cannot find a date within three (3) months that reasonably suits the Client, the Client may request a full refund.

§ 9Passengers may take photos and videos, provided this does not hinder safety and the pilot allows it. Loose items are stowed before the flight.

§ 10The aircraft and its occupants are insured under the ATO’s insurance, in accordance with the terms of that policy.

Gift Vouchers

§ 1A Gift Voucher is valid for twelve (12) months from the date of purchase. The expiry date and a unique code are stated on the voucher.

§ 2A Gift Voucher is transferable. When scheduling, the holder provides the name and details of the Passenger.

§ 3A Gift Voucher may be converted into a flight in a more expensive aircraft, subject to payment of the price difference. Conversion into a less expensive aircraft does not entitle the holder to a refund of the difference.

§ 4An unused Gift Voucher for which no flight has yet been scheduled is refunded during its period of validity at the purchaser’s written request, less an administration fee of twenty-five euro (EUR 25). The statutory right of withdrawal under Article 9 continues to apply in full.

§ 5The flight must take place within the period of validity. If a flight scheduled within the period of validity is rescheduled for a reason set out in Article 7 § 8, the Gift Voucher remains valid free of charge until the new date.

§ 6After its expiry date, the Gift Voucher lapses without refund, without prejudice to mandatory law.

§ 7SKYMIG registers each Gift Voucher by its code. In case of loss, SKYMIG issues a new voucher with the same expiry date free of charge upon presentation of proof of purchase.

Right of withdrawal for Consumers

§ 1Where a Consumer concludes the Agreement at a distance (for example by e-mail, telephone, messaging app or via a website) or off SKYMIG’s premises, he has the right to withdraw from the Agreement without giving reasons within fourteen (14) calendar days of its conclusion.

§ 2The Consumer exercises this right by sending an unequivocal statement to devoldermig@gmail.com, for example using the model form in the annex. It is sufficient that the statement is sent before the period expires.

§ 3In case of timely withdrawal, SKYMIG refunds all amounts received within fourteen (14) calendar days, using the same means of payment unless the Consumer expressly agrees otherwise, and in any event at no cost to the Consumer.

§ 4Where the Consumer has expressly requested, and for an off-premises contract on a durable medium, that the Services begin during the withdrawal period, he pays, upon withdrawal, an amount proportionate to what has already been provided, calculated on the total agreed price. Where the Services have been fully performed with his express prior consent and his acknowledgement that he thereby loses his right of withdrawal, the right of withdrawal lapses.

§ 5For digital learning materials not supplied on a tangible medium, the right of withdrawal lapses once supply has begun with the Consumer’s express prior consent, his acknowledgement that he thereby loses his right of withdrawal, and confirmation thereof on a durable medium.

§ 6An Discovery Flight booked for a specific date is a service related to leisure activities for which there is no right of withdrawal (Article VI.53, 12° CEL). The right of withdrawal does apply to the purchase of a Gift Voucher without a fixed flight date.

Performance of the Services

§ 1SKYMIG provides the Services with the care and expertise that may be expected of a professional aviation instructor and coach. SKYMIG undertakes an obligation of means and does not guarantee any result, such as passing a selection, exam, skill test, assessment or medical examination, an invitation to a selection, or employment.

§ 2SKYMIG performs the Services personally, unless agreed otherwise in writing. The Services may be provided in person, online, at a simulator centre, at an ATO or in any other suitable learning environment, individually or in a group. The Client is not entitled to a specific location or method unless agreed in writing.

§ 3Flight instruction is provided in accordance with the applicable EASA regulations and within the framework of an ATO. SKYMIG’s rate covers the instruction only. The Client rents the aircraft directly from the ATO and follows its rules. Aircraft rental, damage to the aircraft, excess and insurance are governed by the ATO’s terms.

§ 4The Client is solely responsible for meeting all legal, regulatory and medical requirements for his training or selection, including a valid medical certificate, the required licences, a valid logbook and identity documents.

§ 5For online Sessions, the Client ensures a stable internet connection, working equipment and a quiet environment.

§ 6Certain parts may be provided in cooperation with external partners, such as an ATO or simulator provider. Their own terms and responsibility apply to what they independently provide or decide.

§ 7SKYMIG may update or replace methods, exercises and training materials where this improves the quality of the Services, without changing the essence of the agreed Service.

Selection coaching and career support

§ 1The selection coaching programme covers preparation for the selection stages stated in the quotation or programme description, and career support in subsequent selections.

§ 2Unless agreed otherwise in writing, the programme runs until the earliest of: (a) the Client concluding an employment or training agreement as a pilot or pilot candidate with an airline, flight school or other employer, or (b) twelve (12) months after the first Session of the programme.

§ 3SKYMIG may, at its reasonable discretion, extend or suspend this period, among other cases where a selection procedure is temporarily closed or the Client is placed on a waiting list or in a holding pool.

§ 4Career support consists of reasonable guidance, feedback and advice, scheduled by mutual agreement. It is personal and non-transferable and does not guarantee any invitation, selection or employment.

Obligations of the Client

§ 1The Client cooperates actively and in good faith, attends punctually, completes agreed preparation on time and communicates respectfully.

§ 2The Client behaves in accordance with the professional standards of the aviation industry. Threatening, abusive, discriminatory, intimidating behaviour or behaviour that crosses personal boundaries is not accepted.

§ 3In case of repeated or serious non-compliance, SKYMIG may suspend or terminate the Services in accordance with Article 18, without prejudice to the right to payment for Services already provided.

Communication

§ 1SKYMIG may communicate with the Client by e-mail, telephone, video conference and messaging apps such as WhatsApp, among other things for scheduling, coaching, administration and invoicing.

§ 2Messages sent to the e-mail address or telephone number most recently provided by the Client are deemed validly sent. The Client keeps his contact details up to date.

Confidentiality

§ 1SKYMIG treats all information of the Client as confidential, including application documents, assessment results and training progress. SKYMIG does not share information about the Client with airlines, flight schools, selection centres or other third parties without the Client’s prior consent, unless required by law or permitted by Article 16 § 3.

§ 2The Client treats SKYMIG’s coaching methods, interview techniques, exercises, scenarios and other non-public information as confidential and does not share them with other candidates or third parties.

§ 3These obligations do not apply to information that is public through no fault of the receiving party, was lawfully obtained from a third party, or must be disclosed by law or court order.

§ 4The confidentiality obligations remain in force until five (5) years after the end of the Agreement.

Intellectual property

§ 1All intellectual property rights in training materials, presentations, manuals, interview frameworks, exercises, scenarios, templates, videos, digital tests, software, photos and other materials used or provided by SKYMIG remain the property of SKYMIG or its licensors.

§ 2The Client obtains a limited, personal, non-exclusive, non-transferable and revocable right of use, solely for his own preparation and for the duration of the Agreement and any career support. Copying, modifying, distributing, publishing, selling or making available to third parties, including other candidates, is prohibited without prior written consent.

§ 3Audio, video, photo or screen recordings of lessons and coaching sessions are not permitted without SKYMIG’s prior consent. Article 7 § 9 applies to Discovery Flights.

§ 4Documents drafted by the Client, such as a CV, cover letter or personal biography, remain the property of the Client, even where SKYMIG provided feedback on them.

§ 5In case of infringement, SKYMIG may terminate the Services with immediate effect, without prejudice to its right to compensation for the damage suffered.

Privacy and data protection

§ 1SKYMIG is the controller of the personal data of the Client and the Passengers and processes them in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and Belgian legislation. Further details are set out in the privacy policy on skymig.be.

§ 2Personal data are processed for the performance of the Agreement (scheduling, instruction, coaching, communication, follow-up), for invoicing and accounting, and to comply with legal obligations. The legal bases are the performance of the Agreement, legal obligations, SKYMIG’s legitimate interest (such as debt recovery, legal defence and information about similar services to existing clients, to which the Client may always object free of charge) and, for testimonials, the Client’s consent.

§ 3The weight, height and health information of Passengers and students are processed solely for flight safety, such as the mass and balance calculation. SKYMIG only shares them with the ATO insofar as necessary for the flight or the insurance, and does not keep them longer than necessary. Medical data are only processed with express consent.

§ 4SKYMIG uses service providers such as accounting, invoicing, communication and cloud software, subject to appropriate contractual safeguards. Some of them may process data outside the European Economic Area; this only happens on the basis of an adequacy decision or standard contractual clauses of the European Commission. Personal data are never sold.

§ 5The client file is kept until two (2) years after the end of the Agreement or of the career support. Accounting and tax records are kept for the statutory periods.

§ 6The Client and the Passenger have the right of access, rectification, erasure, restriction, portability and objection, and may withdraw any consent at any time, via devoldermig@gmail.com. They may lodge a complaint with the Belgian Data Protection Authority (www.dataprotectionauthority.be).

§ 7Testimonials, photos and videos showing a name, face or other identifiable information are only used with the prior express consent of the person concerned.

Liability

§ 1SKYMIG is not liable for decisions of third parties, such as airlines, flight schools, selection and assessment centres, recruitment agencies, aviation authorities, examiners or aeromedical examiners. The Client remains responsible for the decisions he makes on the basis of the coaching, advice or training.

§ 2Damage related to the use of an aircraft is handled in the first place through the ATO’s insurance, in accordance with the terms of that policy.

§ 3SKYMIG is not liable for indirect or consequential damage, such as loss of income, loss of opportunity or missed selections. Towards Professional Clients, this also applies to travel and accommodation costs.

§ 4SKYMIG’s total liability is limited to the amount actually paid by the Client for the Service to which the damage relates.

§ 5The Client is liable for damage resulting from incorrect information or from failure to follow the instructions of the pilot or instructor by himself or by a Passenger for whom he booked.

§ 6A Professional Client must bring any liability claim within one (1) year of the facts giving rise to it, failing which the claim lapses.

§ 7These limitations apply regardless of the legal basis of the claim, including non-contractual claims.

§ 8The limitations in this article do not apply in case of fraud, intentional misconduct or gross negligence of SKYMIG or of its employees or auxiliaries, in case of death or personal injury, towards Consumers in case of non-performance of an essential obligation of SKYMIG save for force majeure, or where the law does not permit exclusion or limitation.

Force majeure, suspension and termination

§ 1Neither party is liable for delay or non-performance due to circumstances beyond its reasonable control, such as illness, accidents, pandemics, natural disasters, government measures, strikes, technical failures or travel restrictions. The affected party informs the other as soon as possible and both parties seek a new date. If the force majeure lasts longer than ninety (90) days, either party may terminate the Agreement free of charge; amounts already paid for Services not delivered are then refunded.

§ 2SKYMIG may suspend the Services after written notice where the Client fails to meet his obligations, among other things in case of non-payment or repeated absence. Suspension does not release the Client from his payment obligations.

§ 3In case of a serious breach by the Client, such as non-payment, providing false information, infringing intellectual property or confidentiality, or threatening, abusive or discriminatory behaviour, the Agreement is terminated by operation of law upon written notice from SKYMIG (express termination clause). This takes place after a written notice of default that remains without effect for eight (8) calendar days, or without such notice where remedy is not possible or in case of serious misconduct.

§ 4Termination does not affect outstanding payment obligations, nor provisions which by their nature continue to apply, such as confidentiality and intellectual property.

Use of the website

§ 1The information on skymig.be, such as prices, flight durations, aircraft details and availability, is compiled with care but is indicative. The quotation, the booking confirmation or the Gift Voucher are binding.

§ 2All texts, photos, videos, logos and other material on the website are the property of SKYMIG or its licensors and may not be reproduced without prior written consent.

§ 3SKYMIG is not responsible for the content of third-party websites to which it links.

§ 4The use of cookies is governed by the privacy policy and the cookie settings on the website.

Amendments

§ 1SKYMIG may amend these terms and conditions for a valid reason, such as a change in legislation or in the Services. The new version applies to Agreements concluded after its publication.

§ 2For ongoing Agreements and Gift Vouchers already sold, an amendment only applies after the Client has been informed of it in writing at least thirty (30) days in advance. A Client who does not accept the amendment may terminate the Agreement free of charge for the Services not yet provided, with a refund of any amount already paid for them.

Final provisions

§ 1If any provision is invalid or unenforceable, the remaining provisions remain in full force. Towards Professional Clients, the invalid provision is replaced by a valid provision that comes as close as possible to the original intention.

§ 2Failure or delay by SKYMIG in exercising a right does not constitute a waiver of that right.

§ 3In case of conflict, the following order of precedence applies: (1) an agreement signed by both parties; (2) the accepted quotation, the booking confirmation or the Gift Voucher; (3) these terms and conditions.

§ 4These terms and conditions exist in Dutch and English. In case of conflict, the Dutch version prevails.

§ 5Nothing in these terms and conditions limits the mandatory rights Consumers enjoy under applicable law.

Governing law and disputes

§ 1These terms and conditions and all Agreements with SKYMIG are governed by Belgian law. For Consumers habitually resident in another Member State of the European Union, this choice of law does not deprive them of the mandatory protection of the law of their country of residence.

§ 2The parties first seek to resolve any dispute amicably. Consumers may also contact the Belgian Consumer Mediation Service (www.consumentenombudsdienst.be).

§ 3Disputes with Professional Clients fall under the exclusive jurisdiction of the Dutch-language courts of the judicial district of Brussels. For Consumers, the statutory rules of jurisdiction that protect them apply.

Contact details

Trade name

SKYMIG (sole trader Miguel De Volder)

Address

Spiltstraat 144, 1980 Zemst, Belgium

Enterprise number

0748.466.054 (VAT BE 0748.466.054)

E-mail

devoldermig@gmail.com

Telephone

+32 499 28 83 98

Model withdrawal form

Complete and return this form only if you wish to withdraw from the Agreement.