GENERAL TERMS AND CONDITIONS FOR EDUCATION SERVICES TO BE PROVIDED BY PROAVIATE S.R.O.
1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations of the Provider, PROAVIATE s. r. o., Bosákova 3961/5A, Bratislava - Petržalka 851 04, Reg. No 52 254 526, incorporated in the Bratislava I District Court Business Register, Section Sro, Insert No 136053/B (hereinafter referred to as the “Provider”), and the Customer, either a business or consumer (hereinafter referred to as the “Customer”), using or purchasing the educational services to be rendered by the Provider by virtue of the contractual relationship and on the basis of these GTC.
1.2 For the purpose of the GTC, these terms shall have the following meanings:
- Parties: the Provider and the Customer collectively;
- Party: either the Provider or the Customer separately;
- Service: professional courses, vocational training, seminars, training, workshops and conferences the Provider organises for the Customer in an offer published on www.proaviate.sk;
- Consumer: any natural person not acting within the scope of a trade when the Contract is concluded and while it is being fulfilled;
- Business: any person or legal entity acting within the scope of a trade when the Contract is concluded and while it is being fulfilled. Any Customer providing an identification number or registration number thereby declares that he or she is acting within the scope of his or her trade.
- Contract or Contractual Relationship: what arises between the Provider and the Customer for the purpose of the Provider rendering the Service to the Customer
(i) by virtue of a written agreement having been concluded;
(ii) on the basis of the Customer having ordered the Service after he or she completes the form published on www.proaviate.sk, submits it thereto and the Provider confirms the order to the Customer; or
(iii) on the basis of an order having been made in a completed written form, which the Provider acknowledges to the Customer in a written confirmation;
- Order: a completed form (either written or electronic) confirmed by Provider, whereby the Provider renders the Service to the Customer;
- Provider’s Website: www.proaviate.sk;
- Schedule: document binding upon the Customer, which includes an indication of the specific dates and times for individual elements of the Service.
1.3 These GTC are binding upon the Parties. Should there be a discrepancy between the Contract, the Schedule and these GTC, the individual documents shall be binding in the order below:
1.4 The regulatory body is the Slovak Trade Inspection Bajkalská 21/A, P.O.BOX 5, 820 07 Bratislava, whose website is www.soi.sk.
1.5 Services provided by the Provider are listed at www.proaviate.sk and compiled in a catalogue of the Provider’s normally supplied educational services. Both the information in the listed Services and the indicated availability thereof are for informational purposes only. The Provider will confirm the specific availability of a Service to the Customer in an email to be sent in response to the Customer’s enquiry.
1.6 The Provider may also be contacted in any of the ways listed below:
(i) Correspondence address: Krajná 29, 821 04 Bratislava;
(ii) Bank account number: SK48 0900 0000 0051 5646 8796;
(iv) Telephone number: +421(0)903 767 749 or +421(0)949 406 856.
Concluding a Contract and Receiving an Order
2.1 The Contract between the Customer and the Provider shall be formed in any of the following ways:
(i) By virtue of a written agreement having been concluded;
(ii) On the basis of the Customer having ordered the Service after he or she completes and sends the electronic form, whereby the Contract comes into being when the confirmation of the Provider's acceptance of the Order has been sent; or
(iii) On the basis of the Order having been made in a completed form which the Provider has confirmed.
2.2 No Contract shall have been concluded unless the Provider sends a written confirmation to the Customer acknowledging that the Order has been accepted in accordance with
2.1. (ii) and (iii) hereof.
2.3 The Customer confirms that he or she has read these General Terms and Conditions, agrees hereto and undertakes to comply herewith by checking the box with the words “I agree to the General Terms and Conditions” in the electronic form and submitting the electronic form.
2.4 Should the Contract be created pursuant to 2.1 (i) or (iii) hereof, the Customer shall provide a written confirmation, prior to signing the Contract or the Order, that he or she has read and is aware of the contents of these GTC, fully agrees herewith and undertakes to abide hereby.
2.5 Upon the conclusion of a Contract between the Provider and the Customer, the GTC shall become an integral part thereof and be binding upon the Parties.
Rates and Payment Terms
3.1 Rates for all Services are displayed in the description of the specific Service found on www.proaviate.sk. If the rate published thereon is not included in the description of the Service, the Provider will indicate it whenever the Customer queries about the price thereof. The Provider is entitled to provide the Customer accordingly with an individually determined price, which shall not be binding upon the Customer unless the Customer consents thereto.
3.2 Should the Contract be concluded pursuant to 2.1 (i) and (iii) hereof, i.e. when the written Contract has either been concluded or a written Order (not an electronic one) has been completed, the rate for the specific Service shall be directly stated therein.
3.3 The Customer shall be obliged to pay for the Service the price thereof calculated as specified in the Contract. Should the Contract not specify a rate or price for the Service, the Customer shall undertake to pay the price thereof from the rate displayed on www.proaviate.sk for the specific Service, as applicable at the conclusion of the Contract.
3.4 The price of the Service is payable in full for the entire duration thereof. It may be paid by the Customer to the Provider in instalments according to a schedule previously arranged between them were the Provider and the Customer to have agreed thereto.
3.5 The price of the Service shall be payable on the date specified in the tax document to be issued by the Provider to the Customer, although no later than on the date in which the Service commences (the date of the first lesson according to the Schedule) unless the Contract stipulates otherwise.
3.6 Any payment the Customer makes to the Provider shall be deemed to have been paid on the date when it has been credited to the Provider’s account.
3.7 The Provider shall be entitled to terminate the Contract were the Customer not to have paid the price of the Service in a due and timely manner.
3.8 Should the Customer fail to pay the price of the Service in a due and timely manner, the Provider may require the Customer, even were the Provider to terminate the Contract, to pay a contractual penalty amounting to 0.1% of the price of the Service for each day of default. Payment thereof shall not prejudice the Provider’s right to seek compensation for damages caused and other claims.
3.9 The Provider shall be entitled to refuse to provide the Customer with the Service were the Customer not to have paid the price thereof in accordance with the Contract and these GTC prior to the commencement of the Service.
3.10 The Provider shall issue to the Customer a proper tax document either for the purpose of paying the price of the Service or for the payment of its other claims and costs under the Contract and these GTC. The Provider is entitled to issue an electronic invoice, which is likewise a fully accepted tax document. The Customer consents to the receipt of an electronic invoice, having requested the issuance thereof, and for it to be emailed to the address specified either in the Contract or else communicated in writing or electronically to the Provider. The Customer is entitled at any time to withdraw its consent to receive electronic invoices by sending a written notice thereof to the Provider's address.
3.11 The price of the Service shall be paid by the Customer only to the Provider's bank account and nowhere else.
3.12 The Provider pays value added tax (VAT) pursuant to Act 222/2004 Coll. on value added tax, as amended. Therefore, all Prices are final.
3.13 The Provider is entitled to amend these GTC unilaterally and also to change the rates for its Services, publishing such amendments or changes at the Provider's Website (www.proaviate.sk). The GTC shall be governed by the new, amended clauses or the rates for the Services will be thereby set from the moment when the new GTC or rates of the Services, respectively, have been published on the Provider’s Website. Should the Customer have previously concluded a Contract, then the GTC and prices applicable at the time thereof shall apply unless the Parties agree otherwise.
Rendering of the Service
4.1 Proper rendering of the Service requires the Customer to comply with the clauses agreed in the Contract and these GTC. In addition thereto, the Customer shall also comply with the instructions published on the Provider’s Website, the Schedule and any other documents containing instructions on the rendering of the Service which the Provider supplies to the Customer.
4.2 The Provider shall supply all the information necessary for the proper rendering of the Service, in particular a precise Schedule indicating the dates, time and locations of each phase/lecture thereof.
4.3 The Provider shall render the Services with professional diligence and in accordance with the instructions and information given to the Customer on either the stipulated date or another date mutually agreed or in accordance with these GTC.
4.4 The Provider shall communicate to the Customer any facts critical for the proper conduct of the Service.
4.5 Should the assistance of the Customer be necessary for the Provider to fulfil its duties, the Customer would be obliged to provide such assistance forthwith at the Provider's request, in particular were the Customer to send clarifying, correct or additional information and details regarding the Contract or the Service.
4.6 The Provider acts independently when rendering the Service and is not bound by the Customer’s instructions. The Provider is entitled to outsource the rendering of the Service to third-party subcontractors.
4.7 Were the Customer or the Provider be unable to perform any of their obligations because of force majeure, neither the Customer nor the Provider, as the case may be, shall be liable for such failure unless they could not have been reasonably required to prevent the inability to carry out any of their obligations due to force majeure.
4.8 Force majeure shall be deemed, for the purposes of these GTC, to be any event independent of the Provider’s or the Customer’s will which makes it impossible to fulfil obligations and could not have been foreseen at the conclusion of the Contract. In particular, a force majeure event shall be deemed a natural disaster, fire, explosion, severe storm, earthquake, flood, war, strike or other events beyond any control by the Customer and/or the Provider.
4.9 The performance of any obligation under the Contract shall be suspended for the duration of the force majeure event until such time that the consequences thereof will have been remedied. For the avoidance of doubt, the time limits set by the Contract, these GTC, the Schedule or any other instructions given by the Provider shall not be enforceable during force majeure. Were any force majeure event to cause non-compliance with the Schedule for the Service, the Provider shall have the right to designate to the Customer alternative dates therefor.
4.10 The Customer acknowledges and agrees not to hold the Provider liable for non-compliance with the Schedule for the Service or with any deadlines set under the Contract and these GTC were the cause to have been incapacity for work by the Provider, the Provider’s designated lecturer or trainer, or of any of its other staff members. In such a case, the Provider undertakes to reach an agreement with the Customer, without undue delay, on an alternative date or dates for the Schedule of the Service.
4.11 Should the capacity for the date of the Service selected by the Customer be filled, the Provider will be entitled to inform the Customer thereof and to recommend to the Customer an alternative date. Were the alternative date to be unsuitable for the Customer, the Provider shall be entitled to provide the Customer with another alternative date. The Customer shall be entitled to terminate the Contract were neither of the alternative dates to have reasonably satisfied him or her.
4.12 The Provider reserves the right to change the date or place of the Service specified in the Schedule, instructions or other documents it submits to the Customer at latest three (3) days prior to the commencement of the Service. The Provider shall notify the Customer beforehand of any change in the date or place of the Service in an email or SMS sent to wherever contact details provided by the Customer at the conclusion of the Contract specify.
4.13 Should a date or location of the Service be changed, the Customer may either accept the changed date or location thereof, or opt to terminate the Contract.
4.14 Were the Customer not to respond to the Provider’s notice of a change in the date or place of the Service, the Provider will consider the lack of a response to have been consent granted by the Customer to the change.
4.15 The Provider shall not be held liable for any damage caused at the fault of the Customer or by the Customer's failure to act, in particular but not limited to the Customer’s failure to retain knowledge, to register, or to appear for examinations associated with obtaining the qualification for which completion of the Service is a prerequisite.
Essential Rights and Obligations
5.1 The Provider’s essential rights and obligations include the following: (i) To supply the Service pursuant to the Contract, in the agreed quantity and quality, and on the date or dates stipulated therein; (ii) To ensure the supply of the Service in compliance with the requirements of applicable laws; (iii) To hand over to the Customer all documents necessary for the acceptance and use of the Services and any other documents related to the Service such as certificates, assessments and attestations; (iv) To be paid by the Customer in a due and timely manner the price calculated for the Service.
5.2 The Customer’s essential rights and obligations include the following: (i) To receive the Service in the quality and at the time and place specified in the Contract and in accordance with these GTC; (ii) To provide true, complete and accurate data at the conclusion of the Contract and to provide written notification to the Provider of any changes in the data he or she has previously supplied. Should the Customer breach this obligation, the Provider shall be bound by the data contained in the notification last received from the Customer or, in the absence thereof, by the data contained in the Contract, where the Customer shall be held liable for any damage caused to the Provider by such breach; (iii) To accept the Service he or she has ordered and, having done so, to proceed in accordance with the Contract, these GTC, the Schedule and the Provider's instructions; (iv) To pay to the Provider the price calculated for the Service by the deadline for payment thereof; (v) To act in such a way as not to cause damage either to the Provider or to third parties, to behave fairly and ethically while using the Service, and not to harm the reputation of the Company.
Contract Duration and Termination
6.1 The Contract between the Provider and the Customer shall be concluded for a fixed term, unless the Parties agree otherwise.
6.2 The Contract shall expire no later than after the final date of the Service according to the Schedule, unless the Parties stipulate another date in a written agreement.
6.3 The Contract shall be terminated in cases provided in these GTC, in particular upon the expiry of the term for which the Contract has been concluded, as stipulated in a written agreement or by a written notice of withdrawal from the Contract.
6.4 The Customer shall be entitled to terminate the Contract in any of the cases below:
(i) Were the Provider to be put into liquidation, to be either declared bankrupt or to have its assets put into administration by a court, or for its filing for bankruptcy to have been rejected for insufficient assets, or for the Provider to be dissolved without having gone into liquidation and/or for a court to have declared the Provider insolvent, and/or for the Provider to be restructured;.
(ii) Were the Provider to have its authorisation to provide the Services revoked;
(iii) Were the Provider to be delayed for more than 31 days in providing the Service;
(iv) Were a force majeure event announced by the Provider to last longer than 31 days, unless the Parties agree otherwise; or
(v) At any time prior to the commencement of the Service as set out in Attachment 1 to the Contract, even without providing a reason for the termination.
6.5 Were the Customer to be a Consumer, in addition to the grounds for terminating the Contract under the previous clause 6.4 hereof, the Customer shall also be entitled to terminate the Contract, without cause, within fourteen (14) days of the date of conclusion thereof should it have been concluded either remotely or outside the Provider's premises, in accordance with Act 102/2014 Coll. on consumer protection in the sale or goods or provision of services under a contract concluded outside the seller’s premises and on the amendment to certain acts (hereinafter referred to as "Act 102/2014 Coll.”) In such a case, the Provider shall return to the Customer all payments and consideration it has received no later than fourteen (14) days from the termination by the Customer of the Contract. The Customer agrees, as a Consumer, to have no entitlement to withdraw from the Contract pursuant to this clause of the GTC were the rendering of the Service to have or supposed to be commenced prior to the expiry of the fourteen-day period therefor. To this end, the Customer, as a Consumer, declares that he or she has been duly instructed and, having expressed his or her consent, shall have forfeited the right to terminate the Contract once the Service has been fully rendered and were the Service to have been fully rendered. To terminate the Contract in accordance with this clause hereof, the Customer, if a Consumer, may use the withdrawal form, a sample whereof can be found HERE (https://www.proaviate.sk/sk/void). Should a Consumer terminate the Contract pursuant to this clause and, prior to the commencement of services to be provided, have given explicit consent pursuant to Section 6 (4) of Act 102/2014 Coll., the Customer, as the Consumer, shall be obliged to pay to the Provider only the price for whatever has been actually rendered up to the date when notice of withdrawal from the Contract has been served. The price thereof shall be calculated pro rata on the basis of the rate and total price agreed in the Contract.
6.6 The Provider shall be entitled to terminate the Contract in any of the cases below:
(i) Were the Customer to be put into liquidation, to be either declared bankrupt or to have its assets put into administration by a court, or for its filing for bankruptcy to have been rejected for insufficient assets, or for the Provider to be dissolved without having gone into liquidation and/or for a court to have declared the Provider insolvent, and/or for the Provider to be restructured;
(ii) Were the Customer to default on the payment of the price of the Service or a part thereof;
(iii) Were the Customer to breach his or her duty of confidentiality pursuant to the Contract and these GTC;
(iv) Were a force majeure event announced by the Customer to last longer than 31 days, unless the Parties agree otherwise; or
(v) For reasons where the conditions for exclusion from a course under these GTC apply.
6.7 The Customer may be excluded from a course, as referred to in 6.6 (v) hereof in any of the cases below:
(i) Were the maximum period of attendance for eighteen (18) months from the commencement of the course, as stipulated in the Schedule, to have expired because of the Customer’s disinterest in attending classroom instruction and/or in engaging in distance learning, the Customer’s disinterest in undergoing the testing required to continue the course, or due to the inability to re-establish contact with the Customer;
(ii) Were the Customer to have exhausted all reasonable remedies for his or her unsatisfactory progress, as set out in the Provider's Training Manual - ATPL(A) Theory, and still to fail to meet the requirements for continuing in the course;
(iii) Were the Customer to have been observed in the exhibition of any behaviour or attitude which menaces the Provider’s other clients, third parties, instructors, or anybody else in the Provider’s staff;
(iv) Were the Customer to have been found under the influence of alcohol, narcotics or psychotropic substances while being instructed or engaged in other activities outlined in the Schedule that are an element of the Service; or
(v) Were the Customer to have been found using (including recreational using) any drug, as the use of drugs even outside the Schedule for the rendering of Services is not compatible with aviation safety.
6.8 Concluding the Contract obligates the Customer to use the Service in accordance therewith, with the GTC, within the scope of the Service, in compliance with the Schedule and in accordance with the Provider’s instructions.
6.9 Should the Customer breach his or her obligation to properly accept and use the Service pursuant to 6.8 of these GTC and terminate the Contract, where the cause is neither a breach of obligations by the Provider nor a reason for termination of the Contract provided in consumer protection legislation, the Customer shall be thereby obliged to compensate the Provider for liquidated damages in the amount of, and in accordance with, the terms and conditions set forth below:
(i) Were the Customer to terminate the Contract three (3) or more days prior to the commencement of Services in the Schedule, the Customer shall not be required whatsoever to compensate the Provider or pay liquidated damages;
(ii) Were the Customer to terminate the Contract less than three (3) days, but at latest 24 hours prior to the commencement of Services in the Schedule, the Customer shall compensate the Provider for liquidated damages in the amount of 50% of the price for the Service;
(iii) Were the Customer to terminate the Contract less than 24 hours prior to the commencement of Services in the Schedule, the Customer shall compensate the Provider for liquidated damages in the amount of 100% of the price for the Service.
6.10 The Provider shall be entitled to forgive any contractual penalty for liquidated damages imposed in accordance with 6.9 of these GTC.
6.11 Should either Party elect to terminate the Contract, both Parties shall be nonetheless obliged to reimburse each other for consideration received. The Provider shall be entitled to set off unilaterally its claims against the Customer and to reimburse the Customer for consideration received less the Provider's claims. Were either Party to terminate the Contract after rendering of the Service has commenced according to the Schedule, the Provider shall be entitled to reimbursement of the costs associated with having partially rendered the Service to the Customer. The clause herein governing the Provider's unilateral setting off of claims shall apply mutatis mutandis.
6.12 The Customer may terminate the Contract in a written letter posted to the Provider’s address or emailed to the Provider at
7.1 The Provider shall be liable for faults and failures in the Service and shall be obliged to provide the Service to the Customer in the scope and quality agreed in the Contract. The Customer shall be entitled to notify the Provider of any non-compliance of the rendered Service with the Contract, these GTC, the Schedule or any other documents from the Provider regarding the Service.
7.2 Should the Customer not be satisfied with the Service that has been or is being rendered, a complaint may be made to the Provider forthwith, or at latest within two years from the Service having been rendered or, were the service not to have been rendered, from the date on which the Service should have been rendered, failing which the entitlement shall be extinguished. The complaint shall be made in a written letter either posted to the address of the Provider’s registered office or emailed to the Provider at
7.3 In addition to complaints, the Customer shall be likewise entitled to indicate his or her opinion about the Provider, its staff and the Service by means of a feedback questionnaire or a feedback email, which the Provider shall send to the Customer, as a rule, after having rendered the Service.
Principals of Personal Data Protection
8.1 The Customer agrees with the information about the protection of personal data published on the Provider's Website at the following link: https://www.proaviate.sk/sk/privacy.
Alternative Dispute Resolution
9.1 Any disputes between the Provider and the Customer may also be settled amicably. The Customer, if a Consumer, may request redress from the Provider if he or she is not satisfied with how the Provider has handled any of the Customer's complaints or if the Customer believes that his or her rights have been violated. Should the Provider respond negatively to such a request or inquiry from the Customer, or fail to respond within thirty (30) days of the request having been sent, the Customer, if a Consumer, shall be entitled to initiate the alternative dispute resolution provided in Act 391/2015 Coll. on alternative dispute resolution of consumer disputes and on the amendment of certain acts (hereinafter referred to as "Act 391/2015 Coll.”) The Customer, if a Consumer, may seek to resolve the dispute through the relevant platform, for example at the following link HERE. (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK)
10.1 These GTC shall apply in the wording indicated on the Provider's Website as at the date when the electronic Order has been sent thereto. Should the Contract have been concluded other than electronically, these GTC shall apply in the wording applicable at the time of its conclusion
10.2 Either the submission of an electronic Order to the Provider’s website or the conclusion of a Contract between the Provider and the Customer shall make these GTC binding upon both Parties. 10.3 Relationships between the Parties not specifically addressed by these General Terms and Conditions shall be governed by the relevant provisions of Act 513/1991 Coll. Commercial Code, Act 250/2007 Coll. on consumer protection, as amended by Act of the Slovak National Council No 372/1990 Coll. on misdemeanours, and other related legislation as amended.
Bratislava, 11 March 2020