These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Www.flightsimcoach.com is provided by:
Flight Sim Coach LLC
30 N Gould St
Sheridan, WY 82801
Owner contact email: firstname.lastname@example.org
Welcome to flightsimcoach.com, the web site and online service of Flight Sim Coach, LLC. ("Flight Sim Coach", "we," or "us"). This page explains the terms by which you may use our online services, web site, and software provided on or in connection with the service (collectively the "Service").
Before using our services, you must understand and agree that:
For cancellations/reschedulings with less than 24 hours of notice but more than 12 hours of notice, we reserve the right to charge you for 50% of the scheduled time of the session.
If the session was booked using your package credit on account, this means that a deduction will be made for 50% of the scheduled time of the session.
If the session was booked as an individually purchased session (not using your package credit on account):
For no-shows and cancellations/reschedulings with 12 hours or less of notice, we reserve the right to charge you for 100% of the scheduled time of the session.
If the session was booked using your package credit on account, this means that a deduction will be made for 100% of the scheduled time of the session.
If the session was booked as an individually purchased session (not using your package credit on account), then this simply means that no refund will be available for the unused lesson.
A no-show will be considered to occur if you do not join your coaching session within 15 minutes of the start time without informing your instructor that you will be late. Your instructor will make at least one attempt to contact you via email or phone during the first 15 minutes. After 15 minutes, the session will be considered to be over and the instructor will not be obligated to wait further. No refund will be available.
Note that in the "Free Consultations" and "Free Trial Sessions from Flight Sim Coach Partners" sections are listed specific cancellation, rescheduling, and no-show policies which take precedence over the current section for appointments that fall under those categories.
Coaching hours purchased as a package expire 6 months after the purchase date.
Coaching hours purchased as a package can be used to book sessions with a minimum duration of 60 minutes.
If you anticipate being left with less than 60 minutes on your account, we suggest emailing us at email@example.com to coordinate adding the time to other sessions.
The hourly rates of our flight instructors and the bulk coaching session package discount rate are subject to change. If you currently have package hours on account, at least 30 days of advance notice will be provided by email prior to the change taking effect. After the new rate takes effect, the number of hours on account with each instructor will be recalculated based on the monetary value on account divided by the instructor’s new hourly rate.
Because each flight instructor charges their own hourly rate, the number of remaining coaching hours usable with a different instructor may be higher or lower than with the instructor you initially chose. In your portal, you will be able to automatically see how many hours of coaching you have on account if all of your hours were used with each different instructor.
Free consultations shall be used only for the purposes of discussing your background, your coaching goals, verifying screen sharing functionality, and discussing a coaching plan. Training and coaching are not provided during free consultations.
You may only complete one free consultation per flight instructor. If you have already paid for a one-on-one coaching session with a given instructor, you are no longer eligible to take a free consultation with them.
Free consultations which are canceled with less than 24 hours of notice, or which result in a no-show, cannot be rescheduled. If this happens, to complete the consultation, you will need to purchase a full coaching session at normal rates. In either case, you will not be eligible for free consultations with other flight instructors.
Free trial sessions (such as those resulting from a coupon code provided by a Flight Sim Coach partner) are not available if you have already booked a free consultation, free trial session, or paid coaching session with Flight Sim Coach.
If you need to reschedule your free session, please do so with at least 48 hours of notice. Otherwise, Flight Sim Coach reserves the right to cancel your free coaching session credit.
If you do not attend your session within 15 minutes of the start time without informing your instructor that you will be late, it will be considered a no-show and it will not be possible to reschedule. You will not be eligible for future free coaching sessions.
Due to the unpredictable nature of technical support and troubleshooting, there is no guarantee that we can solve your problem within the exact amount of time you have purchased.
During the support session, if additional time is necessary to solve your problem beyond what you originally paid for, we will ask for your permission to exceed the original duration, and invoice you after the session for the additional amount owed.
In addition, by using the remote tech support and setup services related to flight simulators provided by Flight Sim Coach ("Company"), you ("Client") agree to the following terms:
By using our services, you acknowledge understanding and agreeing to these terms.
The following documents are incorporated by reference into these Terms:
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using www.flightsimcoach.com, Users confirm to meet the following requirements:
Unless where otherwise specified or clearly recognizable, all content available on www.flightsimcoach.com is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on www.flightsimcoach.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on www.flightsimcoach.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on www.flightsimcoach.com, the User may download, copy and/or share some content available through www.flightsimcoach.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through www.flightsimcoach.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Www.flightsimcoach.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of www.flightsimcoach.com and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to www.flightsimcoach.com or the Service, terminating contracts, reporting any misconduct performed through www.flightsimcoach.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Some of the Products provided on www.flightsimcoach.com, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of www.flightsimcoach.com.
Prices, descriptions or availability of Products are outlined in the respective sections of www.flightsimcoach.com and are subject to change without notice.
While Products on www.flightsimcoach.com are presented with the greatest accuracy technically possible, representation on www.flightsimcoach.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:
To submit the order, Users must accept these Terms and use the respective button or mechanism on www.flightsimcoach.com, hereby committing to pay the agreed-upon price.
When the User submits an order, the following applies:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on www.flightsimcoach.com are displayed:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of www.flightsimcoach.com.
All payments are independently processed through third-party services. Therefore, www.flightsimcoach.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The purchased service shall be performed or made available within the timeframe specified on www.flightsimcoach.com or as communicated before the order submission.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as www.flightsimcoach.com has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Www.flightsimcoach.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.flightsimcoach.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.flightsimcoach.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.flightsimcoach.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of www.flightsimcoach.com must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.flightsimcoach.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 7 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.
Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies where a User, regardless of nationality, is in the EU.
Flight Sim Coach LLC
30 N Gould St
Sheridan, WY 82801
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Indicates the natural person(s) or legal entity that provides www.flightsimcoach.com and/or the Service to Users.
A good or service available for purchase through www.flightsimcoach.com, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by www.flightsimcoach.com as described in these Terms and on www.flightsimcoach.com.
All provisions applicable to the use of www.flightsimcoach.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using www.flightsimcoach.com.
Consumer is any User qualifying as such under applicable law.