Content

Standard Terms of Trade

1. General

These General Terms and Conditions of Training Services (hereinafter the “General Terms”) apply to all training services (excluding online training) provided by UAB “FL Technics” (hereinafter – “FLT”). Customer's Standard Contract Terms and Conditions are not applicable. Deviations from these General Terms need to be agreed in writing. Pursuant to Commission Regulation (EU) No 1321/2014, the Civil Aviation Administration of the Republic of Lithuania approved FLT as Part-147 maintenance training organisation. FLT reserves the right to change, modify, add or remove these General Terms at any time without prior notice.

2. Conclusion of Contract

FLT issues a written offer (hereinafter – the “Offer”) upon preliminary negotiations with customer. The offer contains a service description, quotation and a registration form as contract documentation. The acceptance of the offer is effected by returning to FLT a duly signed registration form which contains all relevant elements. Acceptance of the Offer shall be treated as acceptance of these General Terms. Accepted Offer together with these General Terms shall constitute the whole contract (hereinafter – the “Contract”)

3. Termination of the Contract by Customer

Customer may terminate the Contract by written notice to FLT until the fifth day before course start. The termination notice may be made with respect to the entire Contract or to individual participants. In case of such termination, FLT may, in its sole discretion, charge cancellation fees. The amount of these fees depends on the time of receipt of the cancellation notice as follows:

Full days between receipt of cancellation notice and course start Cancellation fee in % of the pro rata
Contract price
20 days or less 100%
30 – 21 days 50%
44 – 31 days 25%
45 and more None

Any costs incurred by FLT in preparation of the agreed service will be charged to customer but will be limited to a maximum of the contract price minus any applicable cancellation fee.

4. Delay of the Course

If, due to force majeure or other reasons beyond FLT's reasonable control, the course cannot be performed at the agreed date, or can only be performed with unreasonable economic effort, then the course will be performed on the next possible date agreed. The same applies in case of illness of the instructor.

Customer may terminate the Contract without any cancellation charge if, due to the delay, the service is no longer of interest for customer. In case of such termination, any fees paid by customer will be refunded. Any other claims shall be excluded.

5. Termination of Contract by FLT

In case FLT has declared a specific training program to be subject to a minimum number of participants, FLT may terminate the Contract if such minimum number is not reached. In such case, customer will be notified two weeks before course start at the latest. Any training fees paid by customer will be refunded. Any other claims shall be excluded.

The same shall apply in case the training cannot be performed due to force majeure or other reasons beyond FLT’s reasonable control. Notification will be made without undue delay.

6. Performance

Customer is responsible for compliance with any requirements for participants' qualifications. The requirements for participation as set forth in the training programs shall apply. A replacement of trainees is acceptable.

Training will normally take place at the FLT training premises in Vilnius. In case another training location is agreed upon, customer will be responsible for procuring an adequate training infrastructure in co-ordination with FLT. The Customer confirms that it has no objection to making possible the auditing process by FLT Quality or LR CAA and will give access to the training rooms and other facilities required (before the training), to assess if the training facilities meet FLT training standards.

Daily schedules of training will correspond with the customary working hours at FLT's. FLT is responsible for performing the training. FLT reserves the right to let the training be partly or wholly performed by duly qualified third parties in FLT's name. Under all circumstances, certification will be effected by FLT.

If a successful completion of the training requires any exam, the exam will be made according to the applicable FLT rules, unless otherwise agreed. FLT does not warrant that the participant will reach the intended training level, nor does FLT warrant that a participant will pass the exam.

7. Services, Prices, Terms of Payment

Applicable value added tax will be charged for services performed.

The agreed total price shall be due and payable without deduction upon receipt of an invoice and within such delay as specified in the invoice. Invoicing and payment will be made not less than 10 (ten) business days before commencement of Training. Customer agrees to pay any fees and charges, which are not required to be paid in advance within ten (10) days following receipt of an invoice. Customer shall pay 0,1% interest charge of the delayed amount for each day of delay. Payments shall be made in EURO, unless otherwise agreed by parties. Bank details will be specified in the invoice. Payments shall be made at customer's cost and risk.

Training course certificates are issued only after full payment.

FLT will not bear any of the participants' travel expenses. In case the training (at the request of customer) does not take place at FLT training premises, customer will bear the trainer's travel expenses (traveling time, daily allowance, booked business class air ticket, reasonable accommodation costs, rental car for local transport) and all other costs arising from the training location (e.g. freight costs).

Customer is responsible for the participants' health and accident insurance.

8. Liability / Safety Rules

FLT shall not be liable for any kind of damage arising directly or indirectly out of or in connection with the performance or non-performance of the training, unless such damages have been caused by the gross negligence or intent of FLT's or its directors, officers, employees and agents. Customer shall abide by the relevant safety and accident prevention rules applicable for trainings within FLT and its affiliates. For the avoidance of doubt, the Parties expressly agree and understand that FLT shall not be liable for any malfunction, defect or damage to the aircraft / engine or other equipment arising directly or indirectly out of or in connection with the performance of the training, caused by Instructors or participants of the training and Customer hereby releases FLT from and indemnifies against any and all liability, and forever waives any and all (including those of third parties) claims, causes of action, charges, damages, and demands of any kind whatsoever, unless Customer proves that such damages have been caused by gross negligence or willful misconduct of the Instructor. Customer will hold harmless and indemnify FLT from and against any claims brought by third parties in connection with the Contract, unless such claims are due to FLT’s gross negligence or intent.

Notwithstanding anything to the contrary contained in this Agreement, in no event, whether in contract or tort, as a result of breach of Agreement, statutory duty or warranty, as a result of misrepresentation, restitution, product liability, patent infringement or otherwise, FLT will be liable for any loss of profit, loss or damage of goodwill, loss of use, loss of revenue, loss of contracts, increased costs and expenses, wasted expenditure, loss of sales or business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information and/or for any and all special, consequential, incidental, resultant or indirect damage or punitive or exemplary damages.

9. Copyright

Customer and training participants may not copy licensed material or make it accessible to third parties without FLT's prior written consent. "Licensed material" is any kind of FLT training documentation and according software made available.

10. Confidentiality

The Contract shall be treated as confidential by both Parties.

11. Personal Data Processing

11.1. Customer, as well as persons indicated in clause 11.9 of the General Terms themselves have presented or will present to FLT personal data of Customer’s and its employees and/or representatives, other persons indicated in clause 11.9 of the General Terms (e. g. (a) identification data: name, surname, personal identification number, identity document number, image, and etc.; (b) contact details: address, telephone number, e-mail address, and etc.; (c) details of Customer’s licenses, qualification, education, work experience, trainings, abilities; (d) financial data: bank name, operating account number; (e) e-mail correspondence, as well as any other information, which may be necessary in conclusion, performance and administration of the Agreement) under the Agreement, in performance of the Agreement or in connection with it. Customer must ensure that personal data of the Customer and its employees and/or representatives presented to FLT under the Agreement or for its performance and in connection with it, is collected and processed lawfully, is accurate, full and adequate.

 

11.2. FLT shall also have the right to additionally collect data about the Customer and its managers, representatives and other persons indicated in clause 11.9 of the General Terms, which data was made public by the Customer and its representatives (in registers, websites, public databases, etc.) and process it and use it otherwise for the purposes, on the grounds, under the terms, conditions and procedure set forth herein.

 

11.3. FLT shall have the right to accumulate, share, analyse and systemise personal data indicated in clauses 11.1. – 11.2. above in its information systems, contact information base, CRM base, other databases, systems, programs to the extent necessary for the purposes indicated in clause 11.4 hereof below.

 

11.4. FLT shall process personal data indicated in clauses 11.1. – 11.2. above for the following purposes and on corresponding legal grounds: (a) for conclusion, performance, administration, support of this Agreement; (b) for creation, development, improvement of business and related legal interest of FLT or its employees, representatives, improvement of activities performed, services provided under the Agreement and their quality; (c) for defending itself from statements of claims or other demands, for exercise of rights of FLT and its employees, representatives; (d) for fulfilment of obligations imposed on FLT and its employees, representatives by applicable legal acts; (e) for direct marketing services; also (f) for monitoring and access to FLT premises purposes (CCTV and face recognition).

 

11.5. FLT shall protect personal data indicated in clauses 11.1 – 11.2 herein above throughout the effective term of the Agreement, also after its end – as long as necessary in order to defend itself from statements of claims or other demands, in exercise of FLT rights, also in fulfilment of obligations imposed on FLT or its employees, representatives by applicable legal acts, also to the extent necessary for the purposes of backup copies, business continuity purposes, unless the Customer consents to longer retention of personal data.

 

11.6. Personal data indicated in clauses 11.1 – 11.2 herein above can be presented to the following data recipients: FLT subsidiaries; public authorities by request of these bodies or in other cases stipulated in regulations; Civil Aviation Administrations of other countries, including those beyond the European Economic Area, during audits; companies providing services of data centres, brand hosting, cloud computing, website administration and related services; companies providing advertising, marketing services; companies that create, provide, support and develop software; companies providing information technologies infrastructure services; companies providing communication services; consulting companies; companies that carry out internet browsing analysis and analysis of activities on the Internet and provide related services; airports if a permission for access to the territory is necessary; insurance companies, if required; hotels in order to provide accommodation services, if required.

 

11.7. Personal data indicated in clauses 11.1 – 11.2 herein above may be presented for the Agreement performance and related purposes to partners, suppliers, other data recipients (including related companies), established and/or carrying on activities outside the European Economic Area. In non-EEA countries personal data can be subject to less strict personal data protection than in the EEA countries. FLT shall ensure that personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts – such data transfer may be necessary for conclusion and performance of this Agreement (Article 49(1)(b) of the GDPR), it may also be based on other grounds, conditions and exceptions listed in Articles 46 – 49 of the GDPR. FLT shall take reasonable measures in order that data processors and recipients would process received data in accordance with the GDPR and other mandatory legal requirements (among other things, if necessary, FLT shall make a data transfer agreement in accordance with the standard data protection terms approved by the European Commission).

 

11.8. Customer confirms that it is aware of the fact that face recognition function and CCTV are used at FLT premises. Customer acknowledges that in order to access FLT premises it needs to consent to the use of face recognition and CCTV.

 

11.9. Customer must properly inform and receive written approval of all natural persons (its employees, agents, subcontractors’ employees or other representatives, other persons), whom it involves for performance of the Agreement, also whose data it discloses for performance of the Agreement and whose data it transfers to FLT, about transfer of their personal data to FLT about processing of their data on the grounds, under terms, procedure and terms set herein, also about a video recording and face recognition function when visiting FLT premises. The said persons must be informed before transfer of their data to FLT. The presented information should, inter alia, include the identity and contact information of FLT, as the data controller, personal data processing purposes, personal data categories, legal basis for processing, retention period, data recipients, including those outside the EEA, and rights one has under the General Data Protection Regulation (EU) 2016/679.

 

11.10. Customer confirms that it is informed that FLT will use personal data indicated in clauses 11.1 – 11.2 herein for sending newsletters, offers, invitations, notifications and information of other types, which is justifiable and lawful according to applicable legal acts. Customer may refuse such use of contact data at the time of conclusion of the Agreement and at any time thereafter, clicking on the relevant link in notifications it receives or stating its objection by e-mail privacy@fltechnics.com.

 

11.11. Taking into account restrictions imposed by legal acts, natural persons indicated in clause 11.9 of the General Terms have the following rights in connection with their personal data processing: to get access to processed personal data; to demand correction of incorrect, inaccurate or incomplete data; to withdraw at any time their consent to personal data processing; to object to personal data processing, when that is done on the basis of a lawful interest and in other cases provided for in the General Data Protection Regulation (EU) 2016/679; to demand deletion of personal data or restriction of its processing; to request transfer of personal data to another data controller or its direct presentation to FLT in a convenient form; when data is processed in breach of requirements of legal acts, Customer contacts FLT immediately using the contacts specified below. In such a case Customer will also be entitled to lodge a complaint to the State Data Protection Inspectorate (more info on https://www.ada.lt/). Customer should always contact FLT before lodging a complaint, so as to find a proper solution together. Customer in order to exercise the rights specified above of has other questions related to processing of personal data, contacts FLT data protection officer or a responsible person by e-mail: privacy@fltechnics.com or by post: FL Technics, UAB, Rodunios kelias 18, LT-02188 Vilnius, Lithuania.

 

11.12. The provisions of clauses 11.1 – 11.11 of the General Terms mutatis mutandis shall also apply to the Customer according to the principle of reciprocity if and to the extent FLT transfers relevant data of its employees and representatives to the Customer for the purposes of performance of this Agreement and related purposes.

12. Applicable Law, Jurisdiction

The Contract (and these General Terms) shall be governed by the laws of the Republic of Lithuania. Any dispute or difference arising between the Parties hereto as to the construction of the Contract/General Terms or any other matter or thing arising hereunder or in connection therewith shall in the first instance be settled by the Parties in good faith through friendly negotiations. Failing such settlement, the Courts of Lithuania shall settle such disputes in accordance with Lithuanian law.

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