GAMA AVIATION PLC WEBSITE – TERMS AND CONDITIONS OF WEBSITE USE
In these Gama Aviation Plc Website Terms and Conditions of Website Use:
“Business” means any Customer (defined below), other than a Consumer, including any Government department or local or public authority.
“Consumer” means a Customer, who is a private individual acting for purposes that are wholly or mainly outside that individual’s or any other trade, business, craft or profession.
“Digital Content” means data produced and supplied in digital form.
“GAMA AVIATION” means Gama Aviation Plc, a company registered in England and Wales with company number 07264678 and having its registered office and principal place of business at Business Aviation Centre, Farnborough Airport, Farnborough, Hampshire GU14 6XA, England.
“Gama Group” means, collectively, all the subsidiary undertakings (as that term is defined in section 1162 Companies Act, 2006) of GAMA AVIATION and the terms “member of Gama Group” and Gama Group company” shall be construed accordingly.
“Terms” means, collectively, these Terms and Conditions of Website Use, together with the content of each Policy or Policies and the Terms and Conditions of Supply referred to below.
“Website” means, individually or collectively, as the context requires, the GAMA AVIATION website www.gamaaviation.com and its features and facilities and, if any, the separate website(s) of the members of Gama Group, together with, if applicable, any mobile applications owned and operated solely by GAMA AVIATION or any member of Gama Group, through which the said website(s) and its/their associated services can be accessed.
Important Legal Notices
These Terms and Conditions of Website Use (together with the documents referred to below) tell you the terms on which you may make use of the Website (sometimes referred to as “our site”), whether as a guest or a registered user, and the content in it or accessible from it. “Use” of our site includes accessing, browsing, or registering to use our site.
Access to and use of the e-commerce sector of our site is limited to parties who register to do so in the prescribed manner and who accept the Terms, including for the avoidance of doubt the content of the Policy or Policies and Terms and Conditions of Supply referred to below, without change (except only as may be required by applicable law in the case of a Customer who makes a reservation or purchase from that sector of our site as a Consumer). In the Terms, such a party is referred to as “Customer” or “you” and GAMA AVIATION and Gama Group companies may be referred to individually or collectively, as the context requires, as “we”. Terms such as “your”, “us” and “our” shall be construed accordingly.
As regards any e-commerce sector of the Website (and unless you will be reserving or purchasing services and/or goods and/or Digital Content through our site as a Consumer), references herein to “the Terms” are deemed to include (and the Website may contain links to) all the terms and conditions on which the relevant Gama Group company offers to provide services (including services that potentially comprise the supply of both work and materials), and/or goods only and/or Digital Content, as applicable, including but not limited to the selection, pre-ordering and/or purchase of any of the same, (which are referred to collectively or individually, as the context requires, as the “Services”) to its Customers, through use of the e-commerce sector of the Website. If and to the extent that the Gama Group terms and conditions of supply applicable to the services to be purchased through the Website are not available via a link from the Website, they will be supplied on request. In addition, if you will be purchasing items from a Gama Group company as a Consumer, you should contact us for a summary of your key legal rights under the Consumer Rights Act, 2015. Requests should be made to marketing@gamaaviation.com.
In particular, the Terms shall be deemed to incorporate by reference:
· all the terms and conditions set out in the edition current from time to time of the GAMA AVIATION Policy or Policies specified below; and
· in relation to the e-commerce sectors of the Website and particular Services, the edition current from time to time of the relevant Gama Group company’s Terms and Conditions of Supply, as applicable to those particular Services.
Our privacy policy; which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about the use of cookies on our site.
If you purchase Services from the Website, the following Terms and Conditions of Supply, if applicable to the nature of the Services purchased, will apply to that purchase. The Terms shall also apply to any enquiries, pre-orders or reservations as well as to any concluded purchase(s) of Services made through the Website.
Please note that in the event any enquiries, reservations and/or purchases made via the Website (whether directly from the Website or via a link from the Website to a third party site) are for products and/or services and/or Digital Content, which will not be supplied directly by a member of Gama Group but in relation to which GAMA AVIATION as Website owner is providing a platform, through which Customer may view and/or order and/or purchase third party-provided goods and/or services, and/or Digital Content, (referred to in these Terms and Conditions of Website Use as “Third Party Services”), the third party’s additional or alternative provisions will apply to the Third Party Services purchased, instead of the GAMA AVIATION Terms and Conditions of Supply that would otherwise be applicable to the Services concerned.
BY USING THE WEBSITE, CUSTOMER AGREES TO BE BOUND BY AND TO COMPLY WITH THE TERMS AND SHOULD READ THEM CAREFULLY FIRST. IF CUSTOMER CONSIDERS THE TERMS OR ANY OF THEM TO BE UNACCEPTABLE, THE WEBSITE SHOULD NOT BE USED AND CUSTOMER SHOULD EXIT THE WEBSITE.
In addition, if Customer clicks on the “Accept”, “I Agree” (or similar) button during the registration process in the e-commerce sector of the Website, Customer thereby:
(i) warrants that Customer can lawfully enter into contracts under the laws of England and Wales; in particular, that Customer; being an individual, is over the age of 18 years or, being a body corporate or other legal entity, that such body corporate or other entity is duly organised, validly existing and in good standing under the laws of the country of its incorporation and/or the place in which the Business is registered and that there is in place at the time of using the e-commerce sector of the Website all necessary corporate and/or other authorities required to commit to the purchase(s) entered into by it;
(ii) warrants that the information given upon registration and/or subsequently is true and correct;
(iii) acknowledges that the Terms have been read, understood and agreed;
(iv) acknowledges to have read, understood and agreed in particular the disclaimer of warranties and the limitations of liability on the part of GAMA AVIATION and/or, as applicable, the Gama Group company providing the Services, as set out in Condition nos. 11 and 12 respectively, and the provisions of the Privacy Policy regarding the use of personal data and the use of cookies on the Website;
(v) consents to the processing of personal data relating to Customer and the use of cookies in accordance with the Privacy Policy current from time to time;
(vi) agrees the manner in which GAMA AVIATION or applicable Gama Group company may make changes to the Terms; and
(vii) agrees that GAMA AVIATION or applicable Gama Group company has the right to change the Terms from time to time by changing them on the Website.
The Terms were last updated on 24th March, 2016. Continued use of the Website following a change in the Terms amounts to an acceptance of the change, including in relation to a change in any Policy and/or a change in any of the above-mentioned Terms and Conditions of Supply, and/or the introduction of a Policy or additional set of Terms and Conditions of Supply, or the withdrawal of any Policy or set of Terms and Conditions of Supply.
1. GAMA AVIATION AND ITS ROLE; THIRD PARTY SELLERS
1.1 GAMA AVIATION is the owner of the Website. In relation to any queries concerning use of the Website, GAMA AVIATION may be contacted by mail at the registered office shown above, or by telephone on (+44) (0)1252 553029 or by e-mail on marketing@gamaaviation.com.
1.2 GAMA AVIATION or the Gama Group company applicable to particular Services, provides the Services to Customer directly. In relation to Third Party Services, GAMA AVIATION may assist Customer to purchase the same through use of the Website.
1.3 In relation to the Services, the point at which binding contractual obligations come into being shall be determined in accordance with Condition no. 3.4.
1.4 In relation to Third Party Services purchased by Customer through the Website, whether directly or via a link to a third party site, Customer acknowledges and agrees that GAMA AVIATION and/or any Gama Group company is not the seller to Customer of the Third Party Services, nor the agent of Customer or of the third party seller(s) or any of them, but that GAMA AVIATION simply provides a medium, through which Customers and one or more third party sellers may negotiate and complete transactions in accordance with the third party seller(s)’ respective terms and conditions of business. Accordingly, the point at which binding
contractual obligations come into being as between Customer and a third party seller shall be determined under that third party seller’s terms and conditions of business and applicable law. In addition, the fulfilment and/or enforcement of contractual obligations arising out of the completion of a transaction between Customer and a third party seller using the Website is the sole responsibility of Customer and the third party seller(s) concerned.
1.3 Except if and as specified in Conditions 11 (DISCLAIMER OF WARRANTIES) and/or 12 (LIMITATION OF GAMA AVIATION’S LIABILITY; CUSTOMER’S INDEMNITY), Customer’s use of the Website is at the sole risk and responsibility of Customer.
2. WEBSITE ACCESS
2.1 The Website is made available free of charge.
2.2 Customer is responsible for making all arrangements necessary for Customer to have access to our site.
2.3 Customer is also responsible for ensuring that all persons who access our site through Customer’s internet connection are aware of the Terms (including other applicable terms and conditions referred to), and that they comply with them.
2.4 Our site is directed primarily to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any Services or products described on our site to any person or geographic area at any time. If Customer accesses our site from outside the United Kingdom, Customer does so at Customer’s own risk.
3. HOW TO REQUEST A RESERVATION FOR AND/OR TO PURCHASE SERVICES AND HOW THE REQUEST IS PROCESSED
3.1 Once Customer has selected the desired Services and if Customer desires to place a reservation for or an order to purchase Services (including, for example, where the Services in question comprise the supply of work and materials, goods only and/or Digital Content only), Customer will be given the opportunity, in the case of Services comprising work and materials including parts, to request a reservation, and to purchase the desired Services/parts by clicking on the “Place a Reservation”, “Proceed”, “Place Order” (or similar) button. It is important to check the details of the proposed reservation or purchase and the details of the Services desired to be reserved or purchased, including parts if applicable, and to correct any errors before clicking on this button, as there will be no facility for Customer to correct errors using the Website afterwards. In consequence, any adjustments desired to be made afterwards must be made directly with the Gama Group company concerned or, in the case of Third Party Services, with the third party seller(s) concerned. If at any time prior to clicking on this button, Customer decides not to proceed with a reservation or purchase, Customer should close the relevant application window.
3.2 Customers reserving or purchasing Services through the Website may be required to pay for such Services via the Website at the time of making a reservation or purchase, with payment being made through a third party payment facility and in accordance with the terms and conditions applied by the relevant payment facility provider. In such cases, reservation or purchase of Services though the Website will not include the facility to pay using a credit or debit card at a later date, including the date of receipt / performance of the Services reserved/purchased. In the case of Third Party Services purchased through the Website, Customer acknowledges and agrees to raise and to resolve any dispute, whether or not concerning payment for services/goods/Digital Content reserved or purchased, directly with the third party seller concerned.
3.3 The relevant Gama Group company responds to Customer’s online request by contacting the applicable database of reservations / purchases / aircraft / stocks and determining availability. Once a request for a reservation or purchase of Services is made by Customer using the Website, the relevant Gama Group company will send a confirmation of rejection / acceptance of the reservation or purchase to Customer by e-mail and Customer agrees to receive such confirmations by e-mail. Where a Customer request is accepted, the relevant Gama Group company’s confirmation e-mail will include in addition a confirmation of the Services ordered, showing if applicable the individual Services items with their respective listed prices, and also the total price of the Services ordered, applicable service or other charges and/or any applicable discount(s), and VAT. In the case of a request to reserve / purchase Third Party Services, such request will be passed on to the third party seller(s) concerned and the response from the relevant Gama Group company will confirm that this has been done but the third party seller(s) concerned shall be solely responsible for rejecting / accepting Customer’s request / order at its sole discretion and without reference to the relevant Gama Group company.
3.4 Acceptance of Customer’s request for Services will take place when the relevant Gama Group company emails Customer to accept it, at which point a contract for the supply of the Services requested and accepted on the terms contained in the applicable Terms and Conditions of Supply referred to above will come into existence between Customer and the relevant Gama Group company. If we are unable to accept Customer’s request, Customer will be informed of this by e-mail and will not be charged. This might be for any number of reasons, including for example (among others) because required parts or products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained does not meet our minimum requirements, because we have identified an error in the price or description of the Services or any products / goods including parts to be used to perform the Services in question, or because we are unable to meet a specified Services delivery deadline. Where reasonably possible, the relevant Gama Croup company will, where such circumstances apply, within or as soon as reasonably possible following a rejection of a request propose (as applicable) the nearest alternative Services / products and/or supply dates; so as to enable Customer to make an alternative request should Customer wish to do so. If a request is accepted, the relevant Gama Group company will assign an order number to Customer’s request and tell Customer what it is when
we accept the request. It will help us if the order number is specified whenever we are contacted about any matter connected with a request, including following performance of the Services in question.
4. GAMA AVIATION REWARDS PROGRAMME AND PROMOTIONS
4.1 Customer may be able to participate in Gama Group companies’ rewards programmes and/or promotions from time to time, subject always to any additional terms and conditions applicable to particular rewards programmes and/or promotions, which will be published at the time of launch.
5. CANCELLATION, RETURN AND REFUND
5.1 If and only if Customer is reserving / purchasing Services through the Website as a Consumer, Customer’s rights in that capacity to cancel a reservation or purchase that would otherwise have become binding in accordance with Condition 3.4 and Customer’s rights in that capacity to return goods and/or Digital Content and/or to a refund of sums paid upon making a reservation / purchase shall be in accordance with cancellation and other applicable rights under the Consumer Rights Act, 2015, regardless of the applicable Terms and Conditions of Supply referred to above. Otherwise, the Customer’s rights to cancel and/or to return goods and/or Digital Content will be in accordance with the applicable Terms and Conditions of Supply referred to above.
6. WEBSITE AVAILABILITY; REQUIREMENTS FOR USE
6.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We reserve the right to suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to Customer if for any reason our site is unavailable at any time or for any period.
6.2 GAMA AVIATION reserves the right without prior notice to Customer to temporarily suspend access to the Website or any part of it, including for maintenance, renovation, improvement or repair. Customer is notified that Javascript must be enabled to use the Website and that certain portions of the Website including but not limited to those sections for making, modifying or cancelling reservations / purchases may not be accessible by Customer if Javascript is disabled.
6.3 GAMA AVIATION or any applicable Gama Group company may in its absolute discretion terminate or suspend Customer’s use of the Website forthwith upon sending Customer a notice to that effect in writing (including by e-mail) in the event it considers that Customer has breached the terms of Condition 10 (LINKS TO AND FROM OTHER WEBSITES) and/or has otherwise breached any other material provision of the Terms or there has been three (3) or more minor breaches of the Terms by Customer, and Customer agrees to receive such notice by e-mail. In the event of termination of Customer’s participation in the Website for any reason, Customer agrees forthwith to destroy any extracts from the Website that have been downloaded or printed.
6.4 Some areas of the Website are open to everyone and Customer may access those areas of the Website without registering Customer’s details. GAMA AVIATION’s Privacy Policy including cookie policy applies to those details. However, use of the e-commerce sector of the Website by Customer will be subject to Customer first obtaining a personal account by recording Customer’s details. Certain sections of the Website may contain restricted areas protected by supplementary passwords or other identifiers and security mechanisms. Customer agrees not to attempt to access such areas if not authorised by GAMA AVIATION to do so, or attempt to circumvent or manipulate the mechanisms of protection and in the event of breach of this provision may be subject to civil and/or criminal liability. Customers who are authorised by GAMA AVIATION to access any areas requiring a password (including any protected areas requiring a supplementary password) will be solely responsible for maintaining the confidentiality of, and shall not disclose to third parties, any identifiers, passwords and/or other security methods, which GAMA AVIATION makes available to access those areas of the Website. In the event Customer fails to maintain that confidentiality, Customer may incur civil liability.
6.5 GAMA AVIATION and each Gama Group company has the right to disable any Customer identification code or password, whether chosen by Customer or allocated by us, at any time, if in our reasonable opinion Customer has failed to comply with any of the provisions of the Terms. If Customer knows or suspects that anyone other than Customer knows Customer’s user identification code or password, Customer must promptly notify us at marketing@gamaaviation.com.
6.6 The Website is offered for Customer’s own use only. The facility to make multiple reservations / purchases on behalf of others may be available through use of a Business service, which, if offered to Customer, may be subject to additional fees, terms and conditions.
6.7 Customer agrees not to use the Website (including by hacking) otherwise than for the purpose of reserving and/or purchasing the Services and, if expressly invited by GAMA AVIATION to do so, for review purposes. It is prohibited and Customer agrees not to post, upload or transmit to or from the Website any comment or material, which; (i) breaches any applicable local, national or international law; (ii) is unlawful or fraudulent; (iii) amounts to unauthorised advertising; or contains viruses or any other harmful programs. Further and notwithstanding that GAMA AVIATION intends to use solicited Customer comments primarily for its own purposes, including to assist it to maintain high quality Services and a high quality functionality of the Website, Customer agrees that any comments, which Customer may make through the Website from time to time whether in response to an express invitation from GAMA AVIATION or Gama Group company pursuant to Condition no. 8 or otherwise, will not contain any defamatory, offensive or obscene material; promote violence or discrimination of any kind; infringe the intellectual property rights of GAMA AVIATION, any Gama Group company and/or any other person; breach any duty (such as an obligation of confidentiality) owed to GAMA AVIATION, any Gama Group company and/or any other person; promote illegal activity or invade the privacy of another person; give the impression that they may originate from or are condoned by GAMA AVIATION or any Gama Group company; misrepresent Customer’s identity or Customer’s connection with any other person; contain commercial solicitation or political campaigning, chain letters, mass mailings or any kind of “spam”; or allege any malpractice or deliberate overcharging or other breach(es) of contract
or applicable law or regulations on the part of GAMA AVIATION, any Gama Group company, a third party seller or any other party.
6.8 Customer warrants that any such contribution mentioned in this Condition no. 6 or Condition no. 7 complies with the standards and requirements of those Conditions, and Customer will be liable to GAMA AVIATION and to each Group Company and agrees to and shall indemnify each of them for any breach of that warranty. If however and only if Customer is using the Website as a Consumer, this means Customer will be responsible for any loss or damage, which any of GAMA AVIATION and/or each Group Company, third party seller and/or other person suffers as a result of Customer’s breach of warranty.
6.9 GAMA AVIATION in its absolute discretion may remove or edit the content of the Website but shall not be obliged to do so, nor to monitor content regularly. GAMA AVIATION will co-operate fully with any law enforcement authorities and/or any court order requiring disclosure of the identity or location of any Customer posting material, whether or not in response to an express request from GAMA AVIATION for Customer’s comments, which is in breach of the requirements of the Terms.
7. CUSTOMER CARE
7.1 Maintaining a high quality of customer service and a high level of Customer satisfaction is very important to GAMA AVIATION. GAMA AVIATION or other Gama Group company may therefore assist Customer in the event that Customer is dissatisfied with the quality of Third Party Services purchased through use of the Website and, subject to Customer’s compliance with the Terms and Customer’s co-operation, GAMA AVIATION or other Gama Group company may in its sole discretion use its reasonable endeavours to resolve any issues arising from the purchase of Third Party Services through use of the Website, but Customer agrees and acknowledges that neither GAMA AVIATION nor any Gama Group company shall be obliged to do so and that the provisions of Condition 11 (DISCLAIMER OF WARRANTIES) and Condition 12 (LIMITATIONS OF GAMA AVIATION’S LIABILITY; CUSTOMER INDEMNITY) shall apply in relation to any Third Party Services purchased through use of the Website.
8. REVIEWS AND SUBMITTED MATERIAL
8.1 With the objective of maintaining a high quality customer service, GAMA AVIATION or other Gama Group company may invite Customer to submit reviews, assign customer satisfaction ratings and/or submit comments or questions concerning the Services and/or Third Party Services via the Website and used by Customer. GAMA AVIATION does not intend to publish Customer responses to any such invitation on the Website and/or to distribute such responses to third party sellers and/or other third parties. Excluding only personally identifiable information, which is covered by the GAMA AVIATION Privacy Policy, the content of Customer’s responses submitted to such invitations from GAMA AVIATION is considered, and Customer agrees it to be, non-confidential and non-proprietary. Accordingly, neither GAMA AVIATION nor any Gama Group company will have any obligations to Customer in relation thereto and GAMA AVIATION, any Gama Group Company and any other party designated by GAMA AVIATION will be free at its sole discretion to copy, disclose, distribute and use such responses for any and all commercial or non-commercial purposes.
9. GAMA AVIATION’S INTELLECTUAL PROPERTY AND LICENCE
9.1 All content of the Website including trademarks, logos, graphics, images, audio and video software, programming code, text, icons and names that identify the Website, the Services (including any Third Party Services) or any part thereof (collectively, “GAMA AVIATION Materials”) are owned by or licensed to GAMA AVIATION or other Gama Group company or a third party seller and are protected by laws concerning intellectual property. The Terms set out the entirety of the terms of Customer’s permission to access and use such GAMA AVIATION Materials and do not constitute a separate contract between the respective intellectual property owner and Customer with regard to use of such GAMA AVIATION Materials.
9.2 Customer’s access to the Website does not give to Customer or imply any waiver, transfer or assignment of all or any part of the intellectual property owner’s proprietary rights in or relating to GAMA AVIATION Materials and access to the contents of the Website or elements of it and do not under any circumstances give Customer any right to copy, sell, modify, reproduce, publish, transfer or assign such rights; or create new products or services derived from the information and elements contained in the Website. Consequently, Customer agrees not to copy, distribute, download, modify, delete, alter, publish, transmit or exploit such GAMA AVIATION Materials, or information contained in them or elements of them.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites are for Customer’s convenience and Customer acknowledges that on each occasion when Customer uses any such links, Customer leaves the Website and third party’s own terms of website use will apply. Third party websites are not reviewed by GAMA AVIATION or any other Gama Group company, neither GAMA AVIATION nor any other Gama Group company controls any of them and makes no representation about them, the material on them or the results of using them.
10.2 Customer must not establish a link with any other website.
11. DISCLAIMER OF WARRANTIES
11.1 GAMA AVIATION provides Customer with access to the Website on the basis that all representations, warranties, conditions and other terms, including any implied by law, which might otherwise apply in relation to the Website, are excluded. In particular but without limitation, GAMA AVIATION does not warrant that the Website or the servers that host it are free from viruses and/or other potentially dangerous software.
11.2 While GAMA AVIATION will use reasonable skill and care to make the Website available 24 hours a day, to the maximum extent permitted by law GAMA AVIATION and each Gama Group company hereby excludes liability in the event the Website or any part of it is unavailable at any time or for any period.
11.3 While GAMA AVIATION uses reasonable skill and care to include correct information on the Website, it does not promise or undertake that information on the Website (or on the website of a third party seller, which may be accessed via a link from the Website), is entirely accurate and/or complete or will be updated. In particular, GAMA AVIATION may make changes to material on the Website, including but not limited to the range of the Services that may be available for purchase from the Website, the rates and prices charged by Gama Group companies, from time to time in real time and cannot promise or undertake that information concerning Gama Group companies’ services or the goods and/or services of Gama Group companies or any third party seller(s), including concerning availability, order lead times and/or prices, which is/are made available to Customer on the Website (or on a third party seller’s website accessible from the Website), is accurate, complete or up to date. To the maximum extent permitted by law GAMA AVIATION and each Gama Group company accepts no liability for such third party seller information, which is the sole responsibility of the third party seller concerned and should be checked by Customer directly with the third party seller concerned before making a purchase of Third Party Services via the Website.
11.4 PLEASE NOTE: Unless GAMA AVIATION or a Gama Group company discloses Customer’s Website access password to a third party negligently, neither GAMA AVIATION nor any Gama Group company will be liable to Customer or any third party for any unauthorised transaction entered into using Customer’s name and/or password.
12. LIMITATION OF GAMA AVIATION’S LIABILITY; CUSTOMER’S INDEMNITY
12.1 Gama Group companies exercise reasonable skill and care in the processing and communication of the result of Customer requests for reservations and purchases of the Services. However, Customer should note that the legal contract for the purchase and supply of Third Party Services and for the supply of any ancillary services or items is between Customer and the third party seller(s) concerned. GAMA AVIATION and each Gama Group company makes no representation and gives no warranty that the Third Party Services reserved / purchased through the Website will be of satisfactory quality or fit for purpose.
12.2 Except as specified in Condition 12.3 and/or in any applicable Terms and Conditions of Supply and except if and insofar as such exclusion of liability is prohibited or rendered unenforceable under applicable law, GAMA AVIATION and/or all Gama Group companies exclude liability and shall in no event be liable to Customer or any third party for any injury, claim, loss, expense or damage of any kind (whether direct, indirect, punitive or consequential loss or damage), or any loss of profits or income, goodwill, data, contracts, or loss or damage arising from or connected in any way to business interruption, any loss of opportunity, loss of anticipated savings or wasted time; whether in tort (including negligence), contract or otherwise, even if reasonably foreseeable, arising in connection with the Website, the Services, and third party website(s) that may be linked to the Website or use of the Website or the material including GAMA AVIATION Materials on any of the foregoing.
12.3 Nothing in these Terms and Conditions of Website Use affects Customer’s statutory rights in the capacity of Consumer. Nothing in these Terms and Conditions of Website Use excludes or limits the liability of GAMA AVIATION or any Gama Group company for death or personal injury caused by or arising from negligence on its respective part, (or on the part of any of its or their respective directors, officers, employees or others for whom GAMA AVIATION and/or any Gama Group company may have legal responsibility), or for fraudulent misrepresentation or any other liability, which cannot be excluded or limited under applicable law.
12.4 With the exception of any liability under the terms of Condition 12.3, the maximum total liability of GAMA AVIATION and Gama Group companies collectively to Customer in relation to Customer’s use of the Website, including but not limited to liability for breach of these Terms and Conditions of Website Use or any Policy referred to on the part of GAMA AVIATION or any Gama Group company is limited to an amount equal to the monetary amount of Customer’s order or £1,000.00, whichever is the lesser amount. Please note however that the exclusions and/or limitations of liability set out in these Terms and Conditions of Website Use shall apply and are intended to apply to Customer’s use of the Website but shall not affect any liability arising separately under the terms of or in connection with any Services and the Terms and Conditions of Supply applicable to particular Services.
12.5 Except as specified above Customer agrees to and shall indemnify and hold harmless GAMA AVIATION and each Gama Group company and its and their respective directors, officers, employees and agents (collectively, “Indemnified Parties”) from and against any loss, damage, cost (including legal or other professional costs) or expenses suffered or incurred by the Indemnified Parties or any of them arising out of Customer’s use of the Website or any information made accessible to Customer over or through the Website, including Customer’s submission or transmission of information or material on or through the Website or Customer’s breach of any material term of these Terms and Conditions of Website Use, the Privacy Policy or any applicable laws. Customer also agrees to indemnify the Indemnified Parties and each of them in the event that Customer’s use of the Website results in a requirement for servicing, repair or correction of equipment owned or used by GAMA AVIATION and/or any Group Company or third party in the provision of the Website; and/or against any claims that information and/or comments, which Customer has submitted or transmitted, is in breach of any applicable law or the rights of any third party.
13. COMMUNICATIONS WITH CUSTOMER
Applicable law provides that some information or communications with Customer must be in writing. Customer agrees that when using the Website including to make a reservation for and/or to purchase Services, communications between GAMA AVIATION and/or the applicable Gama Group company and Customer will be exclusively or mainly electronic and GAMA AVIATION and/or the applicable Gama Group company will contact Customer by e-mail or provide Customer with information by posting notices on the Website. Customer agrees to
such electronic communications and acknowledges that all contracts, notices, information and other communications, which GAMA AVIATION and/or any Gama Group company may provide to Customer by these means, comply with applicable law.
14. GOVERNING LAW AND JURISDICTION
14.1 The Website is located in and operated from the United Kingdom. These Terms and Conditions of Website Use shall be governed by and construed in accordance with English law and disputes arising in connection with them (including disputes in relation to non-contractual matters) shall be subject to the exclusive jurisdiction of the English courts.
14.2 If Customer is using the e-commerce sector of the Website as a Consumer, these Terms and Conditions of Website Use, the subject matter and the formation of any contract for the purchase of the Services, are governed by English law. Each of Customer, GAMA AVIATION and each of the Gama Group companies agrees that the courts of England and Wales will have non-exclusive jurisdiction. If and only if Customer is using the e-commerce sector of the Website as a Consumer and is a resident of Northern Ireland, Customer may also bring proceedings in Northern Ireland, and if resident in Scotland, may also bring proceedings in Scotland.
14.3 If Customer is a Business, these Terms and Conditions of Website Use, the subject matter and the formation of any contract for the purchase of the Services (and any non-contractual disputes or claims) are governed by English law. Each of Customer, GAMA AVIATION and each of the Gama Group companies agrees to the exclusive jurisdiction of the courts of England and Wales.
15. SEVERABILITY
15.1 If any of these Terms and Conditions of Website Use are determined by any tribunal of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be deemed severed from the remainder, which will continue to be valid and enforceable to the full extent permitted by applicable law.
16. NO THIRD PARTY BENEFICIARY
Neither GAMA AVIATION nor any Gama Group company is the fiduciary of Customer, nor Customer’s trustee. Nothing expressed or mentioned in or implied from these Terms and Conditions of Website Use is intended or shall be construed to give any person other than GAMA AVIATION or the applicable Gama Group company and Customer any legal or equitable right, remedy or claim under or in respect to these Terms and Conditions of Website Use. All of the provisions of these Terms and Conditions of Website Use are intended to be and are for the sole and exclusive benefit of GAMA AVIATION, Gama Group companies and Customer.
17. ENTIRE AGREEMENT
These Terms and Conditions of Website Use, the Policy or Policies and any applicable Terms and Conditions of Supply expressly referred to together constitute the whole agreement between GAMA AVIATION and/or each applicable Gama Group company and Customer in relation to Services reserved and/or purchased using the Website and they supersede any and all prior correspondence, negotiations, understanding or agreement between GAMA AVIATION and/or each applicable Gama Group company and Customer concerning the Website and/or Customer’s access to and use of the Website.
