Holiday Booking Conditions

The following is an agreement that you are making. Do not click the "I agree to the Booking Conditions unless you agree to the following:

DO NOT SEND THE ELECTRONIC HOLIDAY BOOKING FORM UNLESS YOU UNDERSTOOD AND AGREE TO THE FOLLOWING:

You agree that you will, on sending this electronic Booking Form, automatically become a Temporary Member of the Airborne Club and agree to abide by the club rules. These conditions form the sole contract between myself and Airborne which is effective when you return the Booking Form electronically. Do not send the Booking Form unless you fully understand and agree to these conditions. You must be 18 years old or older (if not your guardian must sign a separate form on your behalf). Days cancelled  by Airborne due to poor weather will not be credited.  The CFI's decision will be final. At the discretion of the CFI, in exceptional circumstances, you may be offered an alternative course. Under no circumstances will refunds be given. Days of none attendance will be forfeited. You have been clearly warned that hang gliding, paragliding and paramotors are dangerous and can cause serious injury or fatality. Do not do this unless you take personal responsibility for any losses, injury or damage. You must accept full responsibility for your own activities and indemnify Airborne against any injury, loss or financial claim howsoever it may result. You must understand and accept that risk and will not hold Airborne, it’s instructors, agents, landowners & associates responsible for any injury or any financial claim whatsoever. You must agree to accept all these conditions which do not affect your statutory rights.

MINORS: If you are the  parent/ guardian the participant, you will be required to sign a separate waiver and  give your consent for this person to participate in the activity indicated above and agree that you will accept all the above risks and will save from any claim, however it may arise, Airborne and its associates.
A 3% surcharge will apply to payments made by credit cards or Online payment
 transactions. 


RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT
In consideration of the benefits to be derived from membership of the Airborne Club, you and the parent or legal guardian of Pilot if Pilot is under 18 years of age, for themselves their personal representatives, heirs, executors, next of kin, spouse and assigns, do agree as follows:

A.     DEFINITIONS – The following definitions apply to terms used in this Agreement.
1.
      
“PARTICIPATION IN THE SPORT” means launching (and/or assisting another in launching), flying (whether as a pilot in command or otherwise, (including as a Tandem passenger) and/or landing (including, but not limited to crashing) a hang glider, paraglider, microlight or paramotor.
2.
      
“SPORTS INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilot as a result of the Pilot’s PARTICIPATION IN THE SPORT and/or as a result of the administration of any AIRBORNE or BHPC programs (e.g. Pilot Rating System). If Pilot is under 18 years of age, the term “SPORTS INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilot as well as personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by Pilot’s parents or legal guardians, as a result of the Pilot’s PARTICIPATION IN THE SPORT and/or as a result of the administration of any AIRBORNE or BHPC programs.
3.
      
“RELEASED PARTIES” means the following including their owners, directors, agents, spouses, employees, officials (elected or otherwise), members, independent contractors, sub-contractors, lessors and lessees:
a)
      The British Hang Gliding and Paragliding Council;
b)
      The Airborne Club;
c)
      The Aviation Training Association;
d)
      Airborne its directors and employee and associates;
e)
      Each of the person(s) sponsoring and/or participating in the administration of  Pilot’s Rating(s);
f)
       Each of the city(ies), town(s) and county(ies) and/or other political subdivisions or governmental subdivisions within
 
         whose jurisdictions Pilot
launches,  flies  and/or lands;
g)      Each of the property owners on whose property Pilot may launch, fly and/or land;
h)
      All persons involved, in any manner, in the sports of hang gliding, paragliding and/or paramotor flying at the sites where
         Pilot PARTICIPATES IN THE SPORT
i)
       All other persons present on site(s) during Pilot’s PARTICIPATION IN THE SPORT.

B.    You WILL FOREVER RELEASE AND DISCHARGE the RELEASED PARTIES from any and all liabilities and claims, demands or causes of action that you may hereafter have for SPORTS INJURIES for your personal injury, your bodily injury, your death, your property damage, and/or any other financial injury connected with your participation in the sports of hang gliding, paragliding, paramotor flying, my participation in the Airborne Association, or the administration of any Airborne Association programs (e.g. the Pilot Rating Scheme), however caused, even if caused by the negligence (whether active or passive) of any of the RELEASED PARTIES, to the full extent allowed by law:

C.    You WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of SPORTS INJURIES. If youviolate this agreement by taking legal action, you will pay all legal costs of the RELEASED PARTIES.

D.     You AGREE THAT THIS AGREEMENT shall be governed by and construed in accordance with the laws of Great Britain. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be tried, if at all, in and before a Court located in Great Britain, to the exclusion of the Courts of any other country.

E.       SEVERABILITY. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision will be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.

F.     You REPRESENT THAT Pilot is at least 18 years of age or, that I am the parent or legal guardian of Pilot and am making this Agreement on behalf of yourself and Pilot. If you are the parent or legal guardian of Pilot, YOU AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES  for their defense and indemnity from any claim or liability in the event the Pilot suffers SPORTS INJURIES as a result Pilot’s PARTICIPATION IN THE SPORT, even if caused in whole or part by the negligence (whether active or passive) of any of the RELEASED PARTIES.

G.     YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.
 
THE RISKS
Hang Gliding, Paragliding and Paramotoring are dangerous sports. As with all dangerous sports, there exists an element of risk. Landings are particularly hazardous and you must expect to take a heavy landing. Crash landings are not uncommon. By sending the Booking Form, you have demonstrated that you are fully aware and understand that this sport is dangerous and that all flights including tandem flights will be entirely at your own risk. Every flight will be at your discretion. If you have any doubts YOU MUST NOT FLY.

FITNESS TO FLY

You must be in good health and be able to take a heavy landing. If you have any previous history of head or back injuries, suffer from faintness or dizziness or fits, have a heart condition, are taking medication or are under the influence of alcohol or have defective vision you MUST NOT FLY until you have sought appropriate professional advice. If you are in any doubt you must, before commencing training, consult the Chief Flying Instructor.

PLEASE ENSURE THAT FRIENDS WATCHING YOUR FLYING DO SO FROM A SAFE DISTANCE AND OBEY INSTRUCTIONS FROM INSTRUCTORS. PLEASE KEEP DOGS ON A LEAD AT ALL TIMES PLEASE TAKE YOUR LITTER HOME

Cancellation – You must understand that under no circumstances will refunds be given, nor can Airborne be held responsible for the weather!.

By clicking the I agree to the Booking Conditions, you  have accepted that  you have read, understand and agree to all the above, the RELEASE, WAIVER AND ASSUMPTION OR RISK AGREEMENT, which does not affect your statutory rights.