MEMBERS TERMS AND CONDITIONS – PREFACE 18.10.16
1. LEC Airfield is owned by the Company as defined below and is licensed for use only by the Company and by persons specifically authorised by the Company.
2. The Unfair Contract Terms Act 1977 affects terms or notices which exclude or restrict liability for negligence. The Company draws the attention of potential users of the Airfield to clause 3 of the Conditions of Use which exclude the Company’s liability in certain circumstances.
3. Section 88(1) of the Civil Aviation Act 1982 entitles BRA Ltd to detain aircraft for the non payment of charges. Please see clause 7.1 of the Conditions of Use for further details.
4. Attention is drawn to clause 5 of this document under which the Company is entitled to charge interest on overdue accounts.
5. Additional copies of these Conditions are available from the Managing Director or online from BRGC website.
LEC AIRFIELD CONDITIONS OF USE
1.1 In these conditions of use
“Airfield” means LEC Airfield
“Airfield Website” http://lecairfield.co.uk
“Applicant” means a person applying be a member of the Club
“BRGC” means Bognor Regis Gliding Club, a club owned and managed by the Company
“Certificate of Airworthiness” has the same meaning as set out in the Air Navigation Order 2009, and references to a Certificate of Airworthiness in these Conditions of Use shall include any validations of flight manual.
“CFI” means Chief Flying Instructor
“Club” means BRGC
“Company” means BR Aviation Ltd, company number 7112667 whose registered office is at Cawley Place, Cawley Road Chichester, West Sussex PO19 1UZ;
“Conditions” means these Conditions of Use including its Schedule and Annexes;
“Flight” has the same definition set out in the Air Navigation (No.2) Order 2000 as amended;
“Local Procedures” means any written procedures issued by the Company supplementing these Conditions, including the Chief Flying Instructor’s (CFI) and Managing Director’s notices, Notices to Operators and BRGC Risk Assessment, as amended by the Company from time to time and any other written procedures as notified by the Company, such amendments or notifications being communicated by written notice to the Operator and/or providing notice by way of update on the BRGC website;
“Managing Director” means the managing Director of the Company
“Maximum Total Weight Authorized” means, in relation to an aircraft, the maximum total weight of that aircraft and its contents at which the aircraft may take off in the United Kingdom in the most favourable circumstances in accordance with the Certificate of Airworthiness for the time being in force in respect of the aircraft; however, in the event the Certificate of Airworthiness indicates a maximum total weight at which the aircraft may taxi, that weight shall be taken to be the Maximum Total Weight Authorised;
“Operator’ means, in relation to an aircraft, the person for the time being having the management of that aircraft, and otherwise any such person/s present and/or engaging in any activities at the Airfield;
“Prior Permission Prior Permission Request” means a request to land at the Airfield made by the Operator (or by an agent, employee or representative of the Operator) in advance of the Time of Landing in accordance with clause 2.2;
“Schedule of Charges” means Schedule 1.
“Safety Equipment” means the life rings located at various areas within the Airfield as indicated at Annex [XXX]
“Joining Fee” means the one-off fee payable for membership of BRGC and admittance to the Airfield and its facilities to be paid within 7 calendar days of making an application for membership at the rate as specified within the application form
“Minimum Period of Use” means the period for which the membership of BRGC is valid in the event that the Operator does not use the Airfield or its facilities. This is currently set at 6 months inclusive. Once the Minimum Period of Use has expired so too will the Operators membership of BRGC and his/her ability to use the Airfield without further application for membership.
1.2 References to Clauses, Schedules and Annexes shall be to clauses of and schedules and annexes to these Conditions.
1.3 References to a legislative or statutory provision shall include any provision of which it is a re-enactment as well as all orders and regulations made pursuant to such provision and all modifications or re-enactments from time to time.
1.4 To the extent that there is a conflict or inconsistency between the provisions of these Conditions and the Schedules or Annexes then the former shall prevail.
2. USE AND OPERATION
2.1.1 The Company shall allow the Operator to operate on a non-exclusive basis to and from the Airfield, subject always to the provisions contained in these Conditions and any Local Procedures as amended from time to time by the Company by giving written notice to the Operator and/or providing notice by way of update online www.brgc.co.uk or the Airfield Website.
2.1.2 The Operator shall at all times comply with the provisions of these Conditions of Use (including its Schedules and Annexes) and all laws, rules, regulations and legislation which are applicable to the Operator whether directly or indirectly in relation to the Operator’s operations at the Airfield, including (but not limited to):
a) the local flying restrictions and remarks published from time to time in the AGA Section of the United Kingdom Aeronautical Information Publication (also known as UK Air Pilot); and
b) BRGC Risk Assessment and British Gliding Association (BGA) Byelaws, the instructions of the CFI or his nominated deputy, and orders or directions published from time to time by the Company, the Civil Aviation Authority or the Department for Transport which may vary any of the terms and conditions set out herein.
2.1.3 All pilots of aircraft using the Airfield must hold an appropriate current pilot’s licence together with a valid certificate of currency for the aircraft type in question.
2.1.4 Aircraft which become technically unserviceable or subject to extensive delay must, if required, be relocated as soon as possible to a non-operational area of the Airfield and the Managing Director must be informed. The Operator must ensure that there are in place the necessary arrangements and equipment to facilitate the towing of their aircraft. Charges shall apply in accordance with clause 4 and the Schedule of Charges.
2.2 Operating Hours
The Company reserves the right in its absolute discretion to close the Airfield to all users and Operators or restrict activity as appropriate during adverse weather conditions, either for safety reasons or to protect the Airfield surface.
2.3 Hours of Flying
Between 07.00 Zulu and Sunset.
2.4 Prior Permission Requests
The Operator must make a Prior Permission Request by telephone or radio during the normal operating hours of the Airfield in advance of any aircraft landing or take-off. If no such request is made, Managing Director, CFI or Instructor reserves the right to refuse landing or take-off of any aircraft.
2.5 Noise Abatement Procedures
The Operator shall make best endeavours to comply with the Airfield’s duty to operate without causing unnecessary disturbance to its neighbours and to comply with any noise abatement procedures as set out in CAA UK Air Pilot or notified by the Company from time to time.
2.6 Additional Services
These Conditions shall incorporate and, as necessary, apply to the terms and conditions for the following additional services provided by the Company at the Airfield:
a) BRGC Risk Assessment Document
b) Airfield Services including outside parking, (Annex 4)
c) Engineering (Annex 5)
3. LIABILITY AND INDEMNITY
3.1 Neither the Company nor its respective servants, agents, subcontractors, direct or indirect parents or subsidiaries, affiliates, directors, officers, employees, successors, assignees or insurers (together the “Related Persons”) shall be liable for loss of or damage to aircraft, their parts or accessories or any property contained in aircraft, occurring while aircraft is at the Airfield or are in the course of landing or taking-off at the Airfield, arising or resulting directly or indirectly from any act, omission, neglect or default on the part of the Company, its servants or agents unless done with intent to cause damage or recklessly and with knowledge that damage would probably result.
3.2 The Operator agrees to use all facilities available at the Airfield as owned and managed by the Company at their own risk.
3.3 The Operator agrees to check the location of the Airfield’s Safety Equiptment and familiarise him/herself with this and the displayed instructions in case of future emergency.
3.4 In any event, neither the Company nor any Related Persons will be liable for any claims, whether arising in tort or contract or otherwise, to the extent that such claim is for consequential, economic, special or other indirect loss, including loss of profit, business or goodwill.
3.5 The Company in no way guarantees the continued use or operation of the Airfield and may at any time and from time to time at its sole discretion close or restrict the use or access by Operators to the Airfield or any part thereof and forbid the entrance of any person or persons to the same for such period as it may deem necessary without incurring any liability whatsoever in respect of any disturbance or reduction in or loss of business consequent thereon.
3.6 The Company and any Related Persons shall be kept indemnified by the Operator against all costs (including legal costs and disbursements), claims, damage, loss and injury of any description due to, or arising out of, the use by the Operator of the Airfield, or by the presence of the Operator’s aircraft or other property on the Airfield or on areas or premises occupied or controlled by the Company, save where such costs, claims, damage, loss and injury are caused by the Company or its agents, servants or Employees acting with intent to cause damage or recklessly and with knowledge that damage would probably result or unless such indemnity is prohibited by statute.
4. FEES & CHARGES
4.1.1 The Operator agrees to pay a Joining Fee at commencement of their membership with BRGC to enable their us eof the Airfield and its facilities. In the event that the Operator does not use the Airfield or its facilities for the Minimum Period of Use a new application for membership and Joining Fee becomes payable.
4.1.2 The Operator shall pay the appropriate charges for the engineering, landing, parking or for the use of the Airfield as set out in this clause 4 and in the Schedule of Charges. The Operator shall also pay the appropriate charge for any supplies, services or facilities provided to him or to the aircraft at the Airfield by or on behalf of the Company; the charges for such supplies, services or facilities shall (unless otherwise agreed before charges are incurred) be those as may from time to time be determined by the Company.
4.1.3 All charges referred to in this clause 4 shall accrue from day to day and, unless some other arrangement has been agreed in writing by the Company shall be payable to the Company on demand and, whether a demand has been made or not, before the aircraft departs from the Airfield.
4.1.4 Nothing in these Conditions shall prevent the Managing Director or his nominated deputy, at his sole discretion, from abating or waiving either wholly or in part any of the charges or surcharges set out in this clause 4 or the Schedule of Charges, any such abatement and waiver being set out in writing and signed by the Managing Director or his nominated deputy.
4.1.5 Nothing in these Conditions shall prevent the Managing Director or his nominated deputy, at his sole discretion, from increasing any of the charges or surcharges set out in this clause 4 or the Schedule of Charges, any such increase being set out in writing by the Managing Director or his nominated deputy.
4.1.6 The Operator shall not without the express written consent of the Company be entitled in respect of any claim he may have against the Company or otherwise to make any set-off against or deduction from the charges provided for in these Conditions. He must pay such charges in full pending resolution of any such claim.
4.1.7 All charges referred to in this clause 4 and in the Schedule of Charges are exclusive of any Value Added Tax which may be chargeable in accordance with the provision of the Value Added Tax Act 1994 as amended by subsequent Finance Acts or with any Orders, Regulation or VAT Notices made thereunder or by virtue of any Act replacing or amending the same.
4.1.8 If the Company is not reasonably satisfied that an Operator has capacity to meet its on-going financial obligations under these Conditions or does not adhere to the payment terms, the Company may require a cash deposit or an unconditional bank guarantee in an acceptable form. This deposit or bank guarantee shall be for an amount equal to the Company’s reasonable estimate of the Airfield charges the Operator is likely to incur over a 3-month period.
4.2 Landing Charges
4.2.1 The Operator shall pay the appropriate charges for the landing of aircraft at the Airfield as set out in the Schedule of Charges.
4.2.2 The weight charge on landing will be assessed and payable on the basis of the Maximum Takeoff Weight Authorised.
4.3 Parking Charges
4.3.1 The Operator shall pay the appropriate charges for parking of aircraft at the Airfield as set out in the Schedule of Charges and Annex 4.
4.3.2 The charge for parking of aircraft at the Airfield will be assessed and payable on the basis of the Maximum Takeoff Weight Authorised and will accrue from twenty-four hours after landing.
4.3.3 The parking charges will be based on the total number of days that the aircraft has been parked on areas designated as Airfield parking areas and will apply regardless of whether the aircraft is secured to the ground or to a structure on the Airfield or is left on the ground unsecured.
4.3.4 The Managing Director, or his nominated deputy, may at any time order an aircraft Operator either to move a parked aircraft to another position or remove it from the Airfield. Failure to comply with the order within the period specified in it will render the Operator liable to a special charge which will be notified to the aircraft Operator at the time of the request to move the aircraft.
4.3.5 No aircraft will be accepted for long-term parking unless agreement has been obtained in writing from the Managing Director or his nominated deputy.
4.4 Surcharges any surcharges notified to the Operator from time to time.
4.5 Additional Costs Where any Flight imposes an additional policing requirement over and above the services normally provided at the Airfield, the Managing Director, or his nominated deputy, may require the Operator to pay a charge equivalent to the additional identified cost of policing that Flight.
4.6 BRGC Free Landing Fees
Members of the BRGC are entitled to free landing fees in accordance with the Schedule of Charges 1.
The Company shall be entitled to charge interest or any charges payable pursuant to these Conditions which have not been paid in accordance with any written arrangements for payment made between the Company and the Operator or, in the absence of such arrangements, within the time for payment of such charges stipulated on the invoice rendered by or on behalf of the Company of such charges. Interest will be calculated on a daily basis from the date upon which the charges became due for payment until the date of payment for the charges (both dates inclusive) at the base rate of Barclays Bank plc for the time being prevailing plus 5% and such interest shall be paid by the Operator at the same time as the charges to which it relates. In addition to contractual interest, reasonable debt recovery costs commensurate with the debt recovery costs provisions of the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 will be payable.
6. PAYMENT OF CHARGES
6.1 The Operator shall pay immediately upon completing instruction and/or debriefing. If there are sequence of flights throughout the day, after members last flight of that day. All charges are paid either by BAC’s Cheques or Card Machine only.
6.2 Payments shall be made without deductions (including taxes or charges). If the applicable law requires any tax or charge to be deducted before payment the amount shall be increased so that the payment made will equal the amount due to the Airfield as if no such tax or charge had been imposed.
6.3 If an Operator fails to adhere to the payment terms neither the instructor nor the Company will permit subsequent flights until the overdue account is paid.
6.4 If payment under clause 6.1 is not made to the Company within 21 days of demand the Company shall be at liberty from time to time and in such manner as it shall think fit, to sell, remove, destroy or otherwise dispose of part or whole aircraft and any of its parts and accessories in order to satisfy any such lien.
7.1 Under section 88 of the Civil Aviation Act 1982, the Company has the power to detain aircraft where default is made in the payment of Airfield charges. The power relates to aircraft in respect of which charges were incurred (whether or not they were incurred by the person who is the Operator of the aircraft at the time the detention begins) or to any other aircraft of which the person in default is the Operator at the time the detention begins.
7.2 As long as the aircraft, its parts and accessories shall be upon the Airfield or upon any land within the Airfield allotted by or rented from the Company, the Company shall have a continual lien both particular and general for all charges under clause 4 whatsoever and whatsoever incurred which shall be or become due and payable to the Company upon either:
7.3 the aircraft, its parts and accessories in respect of which the charges were incurred whether or not they were incurred by the person who is the operator at the time when the lien is exercised; or
7.4 any other aircraft, its parts and accessories of which the operator in default is the Operator at the time when the lien is exercised and the said lien shall not be lost by reason of the aircraft departing from the land under the Company’s control but shall continue and be exercisable at any time when the aircraft has returned to and is upon any such land at the Airfield so long as any of the said charges, whether incurred before or after such departure, shall remain unpaid.
8. PROVISION OF INFORMATION
8.1 The Operator or its appointed handling agent shall furnish to the Company, in such form as the Company may from time to time determine, information relating to the movements of its aircraft or aircraft handled by the agent at the Airfield of the Company with 24 hours’ notice of each of those movements together with the name and address of the Operator who is to be invoiced.
8.2 The Operator or its appointed agent shall also furnish on demand in such form as the Company may from time to time determine fleet details, including but not limited to details of Maximum Takeoff Weight Authorised in respect of each aircraft owned or operated by the Operator.
8.3 The Operator or its appointed agent shall also furnish without delay details of any changes in the Maximum Takeoff Weight Authorised in respect of each aircraft owned or operated by the Operator.
8.4 Where the Operator or its handling agent fails to provide the information required by this condition within the period stipulated herein, the Company shall be entitled to assess the charges payable hereunder by the Operator by reference to the Maximum Total Weight Authorised the maximum passenger capacity of the aircraft type. The Operator shall pay the charge assessed by the Company.
9. HEALTH & SAFETY AND SECURITY
9.1 The Operator must comply with its obligations under the Health & Safety at Work Act 1974 and all other relevant health and safety legislation and the guidelines lay out in LEC Airfield Risk Assessment document & BGA Laws & Rules
9.2 The Operator shall immediately inform the CFI of any safety or security issues arising which may have an impact on other users of the Airfield. Where common safety responsibilities are identified the Operator shall co-operate and co-ordinate its activities with the Airfield and other users of the Airfield to ensure a safe place of work for staff, public, contractors and others using the Airfield.
9.3 The Operator shall be responsible for the activities of any contractors and external support organisations employed or engaged by it, and shall ensure that contractors and external support organisations are advised of all current Airfield health and safety requirements which have been notified to the Operator by the Company, provide the necessary risk assessments and method statements to the Operator, which shall provide them to the Company on demand.
9.4 The Operator shall immediately report to the Managing Director or nominated Deputy areas of concern observed within the Airfield boundary which it considers merit corrective action.ie a member persistently not locking the gate.
9.5 The Operator shall respond positively to any reasonable requests by the Company regarding confirmation of safety responsibilities, risk assessments, accident records, improvement actions, and any other health and safety information and shall provide copies to the Company upon demand.
10.1 The company and its servants or agents, shall have authority to either board or detain an aircraft at the Airfield for any purpose connected with the operation of the Airfield and may require an Operator to pay the costs so incurred by it.
10.2 The Company and its servants or agent, shall have authority to remove from the Airfield any person who it believes to be causing a nuisance or disturbance or, in the opinion of the Managing Director or Nominated Deputy, whose behaviour is detrimental to the Airfield or other users of the Airfield.
11. REMOVAL OF AIRCRAFT
11.1 Subject to approval from the Air Accident Investigation Branch, where relevant, the Company reserves the right to remove or require the removal of any aircraft which is stranded at the Airfield, or which is in the opinion of the Managing Director in any way impeding the safe and efficient operation of the Airfield to an alternative location within the Airfield so as to avoid disruption to other users of the Airfield and to ensure the smooth running of the Airfield.
11.2 The obligation to remove any aircraft is an obligation of the Operator of that aircraft who shall take steps to remove any such aircraft immediately upon receiving written notice from the Managing Director or nominated representative requiring such removal. Should an Operator refuse to comply with a reasonable request to move the Aircraft for the purposes of 11.1, a charge of eight times the published parking charge applicable to the aircraft type will be made.
11.3 The Operator shall fully and effectively indemnify and hold harmless the Company from and against any and all loss damage costs liabilities and expenses howsoever incurred as a result of any removal or failure to remove an aircraft pursuant to clause 11.1.
11.4 If the Operator is unable to comply with a notice given by the Managing Director under clause 11.2, the Operator may request the Company to carry out the removal provided that the Operator shall enter into an indemnity in respect of all the costs of such removal and in respect of any loss damage costs liabilities and expenses which may be suffered or incurred by the Company in carrying out such removal and including any liability for loss or damage to property including that of the Company for or in respect of bodily injury (including death) which may be made against the Company and a waiver, exclusion of any liability on the part of the Company to the Operator for loss or damage caused to the aircraft by such removal other than any which is property attributable to the wilful misconduct of the Company, its servants or agents.
11.5 The Company reserves the right at its discretion to carry out such aircraft removal where in the opinion of the Managing Director or Nominated Deputy, should time be insufficient to submit a notice pursuant to clause 11.2 and safety at the Aerodrome is jeopardised.
11.6 The Operator shall fully and effectually indemnify and hold harmless the Company against any and all loss damage costs liabilities and expenses that may be suffered and incurred by the Company in carrying out any aircraft removal pursuant to this clause 11.
12. APPOINTMENT OF PROCESS AGENT
12.1 Where the Operator’s aircraft is registered outside the United Kingdom the Operator shall provide the Company with the name and address of an agent resident in England or Wales authorised to accept service of documents, including legal process, on its behalf.
12.2 The notification of an agent under this condition shall be irrevocable unless replaced with another agent resident in England and Wales and notified to the Company the Operator will immediately appoint a replacement agent in circumstances where an appointed agent is no longer able to act or is no longer resident in the jurisdiction.
13.1 The Operator agrees to effect and maintain passenger and third party liability insurance in respect of any aircraft operated or used by the Operator at the Airfield (including use of engineering and parking facilities) in such amounts not being less than £5,000,000 (five million pounds) as shall in the Company’s complete discretion be reasonable according to the size and type of aircraft operated and shall on demand produce to the Company sufficient documentary proof of such insurance including the security thereof
13.2 In respect of any vehicle which the Operator or its servants, agents, or associates may use or operate at the Airfield the Operator shall at all times ensure that the vehicle is fully and properly insured for third party risks for an appropriate amount in the view of the Company having regard to the nature of the risks. Evidence of such insurance shall be produced to the Company upon request.
14. COMMERCIAL POLICY
An Operator shall not engage in any conduct or apply any policy, rule or restriction which would adversely impact on the Company’s commercial position or that of tenants, concessionaires, agents and/or other authorised Airfield users.
15.1 The Operator and the Company agree that they shall each not engage and will use all reasonable endeavours to procure that those employed by them or any agents or sub contractors contracting with them will not engage in any conduct (including by way of acquiescence or failure to perform) that would constitute an offence under the Bribery Act 2010 or which would result in liability for fraud, insolvency crimes or other corruption crimes.
15.2 In the event of breach of the obligations in this clause 15 by either party the other party has the right to immediately terminate any arrangement between the parties. The party in default shall indemnify the other party for any loss that party suffers as a result of the breach.
The Company reserves the right at any time to amend vary or discharge any of the terms and conditions of use set out herein.
17. FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations if such failure results directly or indirectly from Force Majeure.
18.1 The Operator may not assign any of their rights or obligations under any of the arrangements with the Company without prior written authority from the Company.
18.2 The Company may assign any of its rights or obligations under any of the arrangements with the Operator.
19. LAW AND JURISDICTION
Whatever the nationality or domicile of an Operator, these Conditions shall be deemed to have been accepted in England and shall be governed by and construed in accordance with the laws of England and Wales. The Airfield and Operator hereby submit to the exclusive jurisdiction of the Courts of England and Wales to determine any dispute or claim arising out of or in connection with these conditions or their subject matter (including any non-contractual disputes or claims).
20. ENQUIRIES ON THE CONDITIONS
Any enquiries should be addressed in the first instance to the Managing Director, Lec Airfield, Bognor Regis, West Sussex, PO22 9NG
SCHEDULE 1 FEES AND CHARGES TO
ENGINEERING Currently theres no engineering Facilities at LEC Airfield
HANGARS Currently there are no hangar Facilities at LEC Airfield
These charges can be obtained online,
THESE CHARGES MAY BE VARIED FROM TIME TO TIME UPON NOTICE INTEREST WILL BE CHARGED ON LATE PAYMENTS
ANNEX 1 BRGC TERMS AND CONDITIONS
Word & expression defined the members’ Terms and Conditions shall unless otherwise to the contary have the same meaning in these terms and conditions.
In these terms and conditions, the Club means Bognor Regis Gliding Club, the Club means BRGC and the Airfield means
LEC Airfield or any other site deemed by the Company to be suitable for use by aircraft.
The Companies, for the purpose of these terms & conditions, the agent
“Member” means a member of the club in good standing
1. OPENING HOURS
0700 Zulu to Sunset
2.1. All bookings must be made either by online; www.brgc.co.uk
2.2 Member may book in advance a time for instruction or the hire of an aircraft and must be available at least ten minutes prior to that time.
2.3 Cancellation of online bookings, whether for instruction or private hire purposes, must be notified to the CFI or instructor no later than 24 hours prior to the booking commencement time. Cancellations made with less than 24 hours’ notice will attract an administration charge of at least £25 for each booking cancelled and will be subject to the Club’s cancellation terms below. Exemptions will only be made under exceptional circumstances and entirely at the discretion of the Club.
2.4 Members failing to be present at the Club for the commencement of a booking or arriving too late to allow the flight or instruction to be fulfilled will be deemed as having made a late cancellation and will be charged in accordance with the Club cancellation terms below.
2.5. In the case of bad weather it is the responsibility of the Member to call the Club on the morning of their flight to ascertain whether or not the flight or lesson can go ahead. This decision is at the discretion of the Instructor or the Club, as the case may be. Failure to agree cancellation of bookings for weather related reasons in advance of the booking commencement time will result in the application of the cancellation policy. In the case of bookings made using vouchers, please note that these are subject to additional terms and conditions which will be provided with each voucher. All vouchers are valid for a period of nine months unless extended by the written agreement of BR Aviation Ltd.
3.1 Membership of the Club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, religion or beliefs; or of age, sex or disability except as necessary consequence of the requirements of gliding as a particular sport.
3.2 The Club may refuse membership or expel from membership only for good and sufficient reason, such as conduct or character likely to bring the Club into disrepute or development or discovery of a disability which affects the applicant’s or Member’s ability to participation gliding activities. Appeal against such a decision may be made to the Managing Director or Nominated Deputy.
3,3 The application for membership must be made in writing, and signed by the candidate and his proposer, and, where applicable, by his parent or guardian, in the case of a person under the age of 18 years, and shall be submitted to Managing Director or Nominated Deputies.
3,4 Every application for membership, shall be Notified to the Managing Director or Nominated Deputies.
3.5 No candidate who has been previously rejected by the Managing Director for Membership shall be reconsidered.
3.6 Membership will expire automatically in the event that the Operator does not use the Airfield or its facilities for the Minimum Period of Use.
3.7 Categories of Membership
i. Full Adult Flying Member (Over 21)
ii. Student Flying Member (20 or younger)
iii. 1 Months Temporary Membership (Courses & Vouchers) Inclusive
iv. Joining fee, on of payments 1st joining
3.8 BRGC is a wholly owned subsidiary of the Company a commercially operated company. All decisions are taken by the Directors of the Company. Members do not hold a share in the Company, nor can any Member influence or direct the Company. The Company may at its discretion hold meetings with Members from time to time for consultations and feedback on membership issues Any suggestions made are not binding and are at the sole discretion of the Companyas to whether to either implement or waive. There are no elected Members or Officers within the Club. All appointments are made by the Company including CFI, Office staff, Contractors, co-opting Volunteers I.e. Instructors, Tug Pilots, Winch Drivers, maintenance team & any other Volunteers to assist in running the Club.
3,9 Every pilot flying with BRGC, whether flying on self-fly hire or as students under instruction (which includes solo flights flown under instructional courses) must be a Member. Anyone undergoing a trial flying lesson, flight test or who is booked on to a residential course of flying training may hold temporary membership.
3.10 Full & Student Membership fees are paid annually in advance for 1 year upon joining. On the 2nd anniversary of the date of joining a calculation shall be made Pro Rata monthly up to end of the Club’s financaal year which is currently 30th June.Membership fees are non-refundable unless special circumstances & solely at the discretion of the Managing Director. Temporary Member’s fees are included in Course fee or Trial Lesson Voucher.
3.11 Each Member shall be bound by and shall comply with:
3,11.a the rules and requirements made on
3.11.b any rules and requirements which shall be laid down by BRGC for the use, operation and hire of aircraft;
3.11.c comply with all requirements of the LEC Airfield Risk Assessment which is available online or from the Club at http://lecairfield.co.uk.
3.11.d Comply with the Rules & laws of the British Gliding Association.available at https://www.gliding.co.uk
3.11.e these terms and conditions;
3.11.f the terms of membership of the BRGC, which may vary from time to time.
3.11. Members undertaking instruction or a course of training at any location must at all times:
3.11.1 conduct themselves in a safe and professional manner;
3.11.2follow all directions of instructors in relation to all matters relating to the handling and operation of aircraft and failure to do so may result in early termination of training and cancellation of Membership with the Club without entitlement to any reimbursement or refund.
3.12 A Member shall be entitled to receive all rights and privileges which may be attached to the level of Membership current at the commencement of each Membership year and which are current at the time of flight.
3.13 Membership of the Club shall not impose upon Company any contractual or other obligation in respect of any hire or training contract entered into with BRGC. If a person who is not a Member or who has ceased to be a Member enters into any contract of training or hire with BRGC, that person shall not be relieved of any obligation to perform the obligations created by that contract and the contract, shall be void at the option of BRGC.
3.14 If a Member is under 18 years of age, that Member’s parent or guardian shall sign these terms and shall be personally liable for payment to BR Aviation Ltd of all monies due. The Member’s parent or guardian shall indemnify BRGC and the company against and in respect of all liabilities of the minor arising out of the training of the minor or hire by or to the minor of any aircraft.
3.15 All offers, discounts and packages, whenever commenced expire either on the 31st December each year or when the current offer, discount or package is completed, unless otherwise stated.
4.1 Training may be provided:
4.1.2 on a lesson by lesson basis or as a course of study;
4.1.2 at an alternate Airfield;
4.1.3 subject to offers and promotions provided by the Company or BRGC, from time to time.
4.2 The Club shall be entitled to alter, add to, amend or withdraw all or any of the courses of training offered at any time.
4.3 All courses are offered subject to demand and to places remaining available.
4.4 A deposit of an amount agreed in advance will secure a place on any course of training. Deposits are non-refundable in the case of cancellation or non attendance by the Member.
4.5.Acceptance of a Member on a course of training does not imply acceptance on any subsequent course of ground or flight training.
4.6 Whilst the company will endeavour to provide training at the time and place most convenient to the Member, BRGC shall be entitled to defer, re-arrange or re-site training at its sole discretion for reasons including but not limited to bad weather, technical failure of aircraft, sickness or changes in training requirements. The Member shall be entitled to refuse such re-arrangements. No refund will be payable other than at the sole discretion of Directors.
5 HIRE OF AIRCRAFT
5.1 The Member shall only be entitled to hire aircraft in respect of which the Member is certified and approved by BRGC Instructor.
5.2 Each hire shall constitute a separate and distinct contract between the Member and the company.
5.3 The LEC Airfield Risk Assessment Document will be read and signed before a self-fly hire contract can be authorised. A signature within the LEC Airfield Risk Assessment appendix signifies that the Member agrees to be bound by the terms of this Document.
6 FEES AND CANCELLATION REFUNDS
6.1 The charges for flying instruction and hire of aircraft shall be fixed by the BRGC Fees Charges Schedule 1 and may be subject to revision from time to time.
6.2 The appropriate charge must be paid immediately upon completing instruction and/or debriefing. If there are sequence of flights throughout the day, after members last flight of that day. All charges are paid either by BAC’s Cheques or Card Machine only, sorry there is no provision to accept cash.
6.3 Non-refundable deposits will be required upon booking all courses, at different levels according to the type of course. A booking will not be considered confirmed until this deposit is received.
6.4 The Company reserves the right to levy an administration fee in reasonable circumstances
6.5 A discounted may apply in some circumstances, i.e. fixed price to solo principally utilising the winch but to includes a minimum 10 SLS or TMG launches or a combination of.
6.6 In the case of cancellation of fixed price to solo, a cancellation charge will be applied upon the following percentage basis
6.6.a No Show & zero notice £50 charge applies
6.6.b Cancellation the same day £40 charge Applies
6.6.c Cancellation on the previous day £25 charge Applies
6.6.d Cancellation More than 2 days Notice No Charge
6.7 When a refund has been requested on a fixed price to solo an administration charge of £50 will be applied, the refund will be calculated pro rata based upon a maximum number of 60 launches, the type of launches & number of launches already taken, should more than 50 flights already be taken, no refund Due.
6.8 The Directors may at their sole discretion offer full or partial refunds on Fixed Price to Solo courses. The discretion will only be exercised if the total amounts due for the course or package have been paid. Where a refund of a course or package that included airfield charges is offered the company reserves the right to recharge the airfield charges to the account at the standard published rates applicable at the time of each flight flown.
6.9 Unless otherwise agreed in writing all fees are quoted excluding VAT which shall be added at the prevailing rate.
6.10 Unless otherwise agreed in writing each Member shall be liable for all CAA fees and charges to be paid in respect of any exams, licenses and tests undertaken by the Member.
6.11 In the event of a change in the price of fuel or an increase in landing or navigation fees the company shall be entitled to require a surcharge to be paid which in its absolute discretion compensates it for the increased operating costs.
6.12 The club does not provide residential courses there are no onsite facilities to stay overnight. We can suggest several local accommodation providers to you and give you their details. Any student wishing to make their own arrangements for accommodation may do so. All accommodation costs must be made directly to the accommodation provider.
6.13 All fee such as non-flying items such as ground school, equipment, exams etc. should be paid for separately and cannot be deducted from any account unless otherwise agreed with the company.
6.14 Failure by any Member to pay in advance the fixed price to solo no less than 1 week before the course is due to commence the course/package and/or Membership will be terminated immediately.
Up to 5 SEP Aircraft & 20 Gliders will be provided with outside Parking LEC Airfield subject to the following conditions:
1.1 All aircraft must be covered by third party insurance for not less than £1,000,000. Acceptable evidence of this insurance to be produced to the managing Director or authorised Deputy.
1.2 The Company reserves the right to move any Aircraft or Glider Trailer around the airfield as and when necessary e.g. for Airfield maintenance or non payment of fees.
1.3 Light maintenance may be carried out on those aircraft registered as Annex 2 or those on the Light Aircraft Association register or other aircraft as agreed with the Managing Director or authorised Deputy.
1,4 Operators will be responsible for the movement of their aircraft and any other owner’s aircraft which needs to be repositioned to allow for such movement. Any damage done by an owner to another owner’s aircraft will be the responsibility of the owner that caused such damage. The aircraft owner(s) will be permitted to manoeuvre position and gain access to essential parts of the Airfield at any time of the day.
1.5 Any damage caused directly by Managing Director or Nominated Deputy, or the company or their agents will be the companies responsibility
1.6. Other than as stated the company takes no responsibility for any damage to any operators’ aircraft or private owners aircraft
1.7 Maintaining the security of LEC Airfield is the responsibility of the Members. Persistent lapses of an individual Member to secure the entrances to the Airfield must be reported to the Managing Director, CFI or Instructor. The company reserves the right to request a Member’s entrance key be returned and the Member may then only gain access to the Airfield accompanied by another Member.
1.8 It is a condition of this Outside Parking Agreement is that all aircraft owners must be Members . Where Parking agreement is signed during a calendar year, the full annual fee will be payable and no refunds will be made where a Parking agreement is terminated during a calendar year – whether the notice is given by the Company or the owner or group.
1.9 Authorised Vehicle Drivers
1.9.a Drivers of all Club ground vehicles are required to be a Full or Student Club Members.
1.9.b No Club ground vehicle may be driven other than on the Club’s premises.
1.9.c Drivers of the winch, tractor or any other Club owned and operated vehicle must hold a full UK driving license or its equivalent appropriate to the vehicle used.
1.9.d Driving of the Winch for actual glider launching, but not on or around the site, may be undertaken by drivers aged 16 years or over.
1.9.e All drivers, whether or not in possession of a current full UK driving license or its equivalent, must receive instruction related to daily inspection, airfield driving behaviour and requirements and general driving safety from an authorised Member of the Club and have his/her log book or progress card duly signed PRIOR to driving any Club vehicle unsupervised.
1.10 Trailer Parking
The Company will provide a limited number of parking spaces (slots) for glider trailers (Trailers) allocated to members on the following terms and conditions, detailed below.
1.10.1 The Club has the full ownership and management of any slot set aside or used to store any glider, SLMG, TMG & SEP. The Company may alter, increase, decrease or change the number or location of each slot. Not less than three months’ notice will be given of such changes
1.10.2 The written approval of the Managing Director or Nominated Deputy must be obtained before any privately owned Aircraft is brought on site.
1.10.3 Trailers, whether containing an aircraft or not, may only be parked in the allotted spaces.
1.10.4 Each space is approximately 8ft (2.4 m) wide and will be marked by a number.
1.10.5 The Competition Number or Identifying Letters of the glider must be shown clearly in characters at least 8 cm (car number plate size).
1.10.6 Upon any private glider and trailer being removed from the Airfield for any reason, the slot reverts to BRGC the Company will determine its future use; under no circumstances may the current occupiers of the space deal in the slot or determine its future occupants.
1.10.7 For any Trailer, not normally housing an aircraft, there will be a reduced fee, to be decided by the Company.
1.10.8 Trailers are to be maintained to a standard acceptable to the Company and the grass within six feet of the trailer is to be cut in keeping with the rest of the airfield. It is the responsibility of the owners to ensure at all times that the Trailer is adequately tied down to withstand storm conditions.
1.10.9 It is also the owner’s responsibility to ensure the Trailer is road worthy and insured. Any abandoned or derelict trailer will, after a period of not less than three months of serving due notice to the last known owner-member, be disposed of. Any owner having been allocated a parking space may not authorise the use of his or her slot to another Trailer without the express permission of the Company.
1.11 Caravan & Campervan Parking
Currently there is no availability for on site overnight camping
1.12 Cox’s Railway Crossing
Only Full Adult Members or employees of the Club or Company are authorised to use the railway crossing known as Cox’s Crossing. They are obliged to familiarise themselves with the Cox’s Crossing procedure detailed in full in the Risk Assessment LEC Airfield. Once they have received instruction and have been supervised at least three times, and signed to acknowlegde that they have recieved instruction and supervision, they will have access to a gate key & therefore be considered safe to use the Cox’s Crossing without further supervision. All use of the cox’ Crossing is at Members’ own risk, and members are responsible for supervising their children and vulnerable adults.
1.13 Water Hazards
The full length of the west boundary of LEC Airfield is a deep tidal river, known as the Rife. There is also a deep tidal culvert traversing the Airfield east to west at the south end of Tarmac runway 23, plus drainage ditches along most of the east boundary. Members are warned of these potential hazards and the risk of drowning. The bottom of the Rife and culverts are very muddy and they have steep banks, such that it is possible to get into difficulties very quickly. Members must ensure our visitors are aware of the hazards and in particular parents accompanying minors. Apart from the fact that airfields are potentially hazardours due to moving aircraft, propellers and fast moving steel cables, the additional risk of deep water renders it essential that parents and those in charge of minors keep them under strict supervision at all times. If minors are lost, Members must inform the CFI or an instructor immediately. A full risk assessment is available from the Club and can be viewed online at http://lecairfield.co.uk. Safety equiptment in the form of ‘life rings’ are located at three areas of the site as indicated on the attached marked map. In the event of difficulty these life rings should be used in accordance with the instructions displayed.
1.14 Old Landfill Site
The bank just South West of the Windsock up to the Cox Crossing is designated as “Old Landfill site”, the area is fenced off on two sides and the remaining boundaries indicated by ditches, there is clear KEEP OUT signage, there has been extensive testing carried out in this area it is deemed as an outstanding ecological site with many rare species & flowers, as the area had been if left undisturbed for over 70 years. It has been assessed as “very low risk”, Members are instructed NOT to traverse this area. Member please ensure visitors especially minors observe the signage as it might pose a risk to health. Only authorised contractors have the authority to access the site.
There is a strict NON Aerobatic policy to be observed at all times adjacent to or directly overhead of the Airfield due to the close proximity of our neighbours. There is open farmland to the North suitable for Gliding Aerobatics as it’s relatively close to the airfield but returning Gliders must comply with the minimum 500 foot rule AFE when passing over the new viaduct. For power aircraft it is recommended to perform your routines over the coast where it will be appreciated by a wide audience, please be aware along the Coast is an area of high intensity traffic, especially with Shoreham & Goodwood GA traffic en-route.
There is a strict policy of no parachuting adjacent to or over LEC Airfield in view of our close proximity to the town & electrified Railway line running parallel most of the length of the East boundary, unless its a genuine emergency.
1. Airfield Operations.
1.1 The opening hours of the Airfield are 0700 Zulu to Sunset.
1.2 There is no Refueling facilities at LEC Airfield. Pilots are obliged to fly to a neighboring Airfield who can provide refueling service.
1.3 A group (i.e. co-owned) aircraft must be owned and operated in accordance with the regulation issued by the Department of Trade and Industry and the CAA as appropriate. The owners of the group will be required to produce to the company documentary evidence to show these regulations are being complied with. We reserve the right to request, at any time, that the names of the members of the group shall be submitted in writing.
1.4 If the Operator or Member shall permit any person (other than a registered member of a group) to fly his aircraft such persons shall produce written authority from the owner. The Company reserves the right to refuse to release an aircraft to any person without written authority of the registered owner or group. The owner will be responsible for all charges incurred.
1.5 Flying instruction is not to be given by a private owner or member of a group without express permission of the Managing Director or CFI. Aircraft are not to be used for hire or reward without written permission and agreement of the Managing Director.
1.6 Landing fees will be charged on an individual aircraft basis at the current published rate.
1.7 All aircraft must carry a radio with a minimum capability of frequency 129.97.
1.8 It is the responsibility of all pilots to acquaint themselves with the LEC Airfield Risk Assessment and the local flying information published in one of the official Aviation Flight Guides i.e. Pooleys.
1.9 Payment of invoices is usually upon the day the invoice is raised, i.e. just after the flight. For parking fees is payable in advance and a combined of this & other invoice can be paid up to 7 days in arrears. Payment is either by BAC’s Cheque or Card Machine, sorry no cash we have no facilities.
1.10 Where these payment terms are not met, the company has the right to detain the aircraft in accordance with section 8 of the Civil Aviation Act 1982, as amended, until full payment of the sums due is received by BR Aviation Ltd. This agreement is subject to three months notice on either side in writing, to come into effect on the last day of the month.
1 SUPPLY & ENGINEERING TERMS AND CONDITIONS
1.1 The Supplier is BR Aviation Ltd Ltd company number 7112667 and registered office at Cawley Place, 15 Cawley Road, Chichester, West Sussex, PO19 1UZ.
1.2 The Supplier will not recognize or be bound by any quotation unless the same be given in writing and shall have been accepted in writing by the customer.
1.3 Quotations are based on ruling prices of materials and manufacturing costs at the date of quotation and are therefore subject to confirmation at or prior to the date of the contract.
1.4 The Customer shall be deemed to have accepted the goods or services as being in strict accordance with the specific requirements of the Customer unless within seven days from the receipt of goods or services it shall notify the supplier that such goods or services are not in accordance therewith.
1.5 Where a service is being carried out on the aircraft, engine, propeller or component parts thereof shall be at the Customer’s risk and the Supplier shall not be liable for any loss or damage incurred whilst the aircraft, engine, propeller or component parts are at the supplier’s works, unless such loss or damage be caused by the wilful act of the Supplier or any employees.
1.6 If services ordered by the Customer have been the subject of a firm quotation from the Supplier and further inspection indicates that additional work is necessary, the Supplier undertakes to inform the customer and submit a further quotation for the additional work, and will not carry out such additional work without the Customer’s consent. Should the Customer not wish the additional work to be carried out and as a result the original order cannot be completed, the Customer shall be liable to pay storage fees until he removes the aircraft, engine, propeller or component and pays for all work carried out in pursuance of the original order.
1.7 The Supplier will make every effort to meet the required delivery date, but will not be held responsible for delays due to bad weather, accident, communicable disease, epidemic, war or civil commotion, spares or other materials not being readily available, labour disputes or shortages, defective machinery, Act of God or any other cause not within the control of the Supplier
1.8 Payments shall, unless provided otherwise, be due within 7 days of the date of invoice. The Supplier reserves the right to seek progress payments where considered just and reasonable
1.9 Where accounts rendered remain unpaid beyond the 14 days or as otherwise agreed, the Supplier reserves the right to add interest at 3% above the Bank of England base rate per month pro rata for debts outstanding from the due date
1.10 The Supplier reserves the right to charge handling fees on parts supplied by the Customer for use on the Customer’s aircraft, engine, propeller or component. On completion of a service an aircraft, engine, propeller or component will be stored free of charge for seven days after which notice shall have been sent to the Customer that it is ready for collection, after which storage fees may be charged
1.11 All goods are sold for delivery at the Supplier’s works. Unless otherwise agreed the cost of delivery from the Supplier’s works shall be for the Customer’s account
1.12 Subject to the provision of Clause 4 hereof where any goods are delivered in the supplier’s own transport and are damaged or destroyed in transit by the neglect of the Supplier’s employees, the Supplier will at their election repair or replace goods or replace goods or give credit for the price thereof. The Supplier’s liability shall not exceed the limits in this subclause
1.13 Where delivery is other than in the Supplier’s own transport the Supplier shall not in any circumstances be responsible for the loss, damage or destruction of the goods. The Customer should in his own interest give notice to and subsequently claim from the carrier as required by their regulations. A copy of the notice and claim should at the same time be sent to the Supplier who (whilst they cannot accept any responsibility) will give the Customer any assistance they consider appropriate in connection with any claim against the carrier
1.14 No goods shall be returned to the Supplier without the Supplier’s prior permission.
1.15 The Supplier reserves the right to test such goods and any cost so incurred together with a restocking charge will be made for the Customer’s account.
1.16 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or services rendered or that they (or in the case of the services rendered the goods to which they relate) will be suitable for any particular purpose or for any.
1.17 operations under any specific conditions notwithstanding that such purpose or conditions may be known to the supplier.
1.18 Where (otherwise than by reason of delivery pursuant to clause 10 hereof) goods supplied or services rendered by the Supplier are alleged by the Customer to be defective or unsatisfactory they shall not form the subject of any claim for work done by or on behalf of the Customer or any loss, damage or expense whatsoever arising directly or indirectly from such defects or indirectly from such defects or unsatisfactory work but such goods (or in the case of services rendered the goods to which they relate) if returned always to the provision of the Supplier’s discretion be either repaired or replaced by the supplier’s discretion be either repaired or replaced by the Supplier or credit for the price thereof will be given to the Customer by the Supplier.
1.19 The title in goods shall not pass from the Supplier to the Customer until delivery and receipt by the Supplier in full of all sums due or owing to the Supplier from the Customer on any account. Before title has passed to the customer and without prejudice to any of its other rights, the Supplier shall have the right to recover and resell the goods and any relevant paperwork or records connected to the goods or any of them and may enter upon the Customer’s premises for that purpose. If the Supplier removes any part or parts from another item or goods under the terms of this clause the Customer is put on notice that this action may compromise the serviceability of such item or goods and on that basis the Customer is responsible for any subsequent technical or mechanical risk or damage resulting from any attempt to operate such item or goods by the customer or any other third party.
1.20 Should the Customer alter the goods by subjecting them to any manufacturing process or incorporating them into another article or mixing them in any way, the Supplier will retain title to the goods until payment due under all accounts between the supplier and the Customer has been made in full.
1.21 In the event of the sale or hire of the goods by the Customer, the Customer shall hold the proceeds of the sale or hire on trust for the Supplier and the Supplier may trace all such proceeds of sale or hire charges received by the Customer through any bank or other account maintained by the Customer.
1.22Until the Supplier has received payment in full for any goods from the Customer the Supplier shall have a general and specific lien on all the Customer’s property in the possession or control of the Supplier for all monies due to the supplier from the Customer.
1.23 If the Customer shall make default in or commit a breach of contract or any of its obligations to the Supplier or if any distress or execution shall be levied upon the Customer’s property or assets or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy shall be presented or made against it or if the Customer is a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such companies determines any contract than substituting and upon written notice of such determination being posted to the Customer’s last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Supplier may otherwise make or exercise.
1.24 Any variation of these conditions in any document of the Customer is inapplicable unless accepted in writing by the supplier.
1.25 Any notice to be given herein by the supplier to the Customer or vice versa may be served by sending the same by prepaid post addressed to the other at its last known business address. Any notice so sent shall be deemed to be served on the date of posting and proving such evidence shall be sufficient to say that the letter containing the same was properly addressed and posted.
1.26 These conditions and this contract shall in subject to and construed in accordance with English Law.
1.27 No part of this agreement shall confer nor be intended to confer a benefit on any third party for the purposes of the Contracts (Rights of Third Parties) Act 1999 or for any other purpose.
Signed of Behalf of BR Aviation Ltd & Bognor Regis Gliding Club
Julian Hitchcock MD