Terms & Conditions
1.1 Written quotations are valid for 30 days and will be supplied for all work on receipt of a clear and accurate written brief from the Client. Written briefs are required to ensure photographic/filming objectives are well defined for both the Client and Airview and to avoid errors. The brief shall include,
Full postal address or a clearly defined area of operation by way of, site plans with boundaries, Ordnance Survey Grid references (6-figure) and/or any other material required to accurately identify the site from the air.
1.2 The quotation and fee will be inclusive of all reasonable pre and post flight paper work such as, Method Statements and Risk Assessments or permission required by the Civil Aviation Authority, Air Traffic Control, Police and relevant landowners, local authorities etc, travel and accommodation (where necessary) and post-production processing work if specified in the brief and digital delivery of images.
1.3 The fee quoted will reflect the proposed uses of the images, as stated by the Client, for which Full Personal Reproduction Rights will be granted.
1.4 The remote pilot (RP) reserves the right to alter, terminate or postpone the flight or flights if they have reason to believe the flight can not be undertaken in a safe manner or it could impair the safety of equipment, person or property, or where the flight will violate local laws.
1.5 The quoted fee is for a single visit unless specified within the quote or where there are pre agreed regular visits to the same site.
2 PAYMENT TERMS
2.1 payment shall be made no less than 14Days (unless by prior agreement / discussion) from the date of the invoice.
2.2 35% of the fee to be PAID IN ADVANCE to secure the booking, unless by special circumstances such as time doesn’t permit, or if waivered or altered by Airview
2.3 A late payment fee of 4% over Lloyd Bank base rate payable from due date of the invoice to all transactions unless by prior agreement
3. Cancellation by Airview
3.1 If Airview cannot fly due to adverse weather conditions or mechanical failure, and the photoshoot cannot be rescheduled, Airview will refund all advance monies paid for from the time the cancellation occurs. Costs incurred prior to the affected day such as paid-for site visits pre-arranged accommodation, and meetings are excluded and remain due for payment.
3.2 If Airview cannot fly due to reasons that only become evident once on site or for reasons that Airview was not advised of beforehand then the full cost will remain due for payment. Airview may, at its sole discretion, offer a discount on a reshoot should one be scheduled or a partial refund
3.3 If Airview cannot fly due to reasons that only become evident once on site or for reasons that Airview was not advised of beforehand then the full cost will remain due for payment. Airview may, at its sole discretion, offer a discount on a reshoot should one be scheduled or a partial refund
4. Cancellation by Client
If you no longer require our services and cannot re schedule, written notice is required to cancel the assignment. Cancellation fees are as follows
Less than 24hrs full agreed fee with standard payment terms
Less than 72 hours 50% with standard payment terms
>72 hrs, if we have incurred any other costs in relation to your assignment, then these costs will be invoiced separately and our standard terms of payment apply.
Unless contractually agreed prior to the commencement of filming, Airview will retain copyright of all filming content. The client will get complete use of all footage we obtain for their specified projects but the client will not be able to re-sell our footage or allow 3rd party companies to use the footage without prior agreement. Airview also reserve the right to prevent any output of our content until full payment has been received. If this is not possible due to time restraints, Airview will need a specified date of payment in writing and until this is received, no content shall be distributed. Airview reserve the right to use any of the content gathered for our own promotional activities. Airview also reserve the right to upload our footage to stock footage libraries after the footage has been released for its original purpose.
6 LIMITATIONS OF LIABILITY
Nothing in these Conditions shall limit or exclude Airview liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause the above:
(a) Airview shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Airview total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Charges for the relevant Order, with regard to which the Customer is claiming loss.
7 Force Majeure
Every effort will be made to carry out the contract, but its due performance is subject to alteration or cancellation by Airview; owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc.). In the unlikely event of total photographic failure or cancellation of this contract by Airview, liability shall be limited to a full refund of all monies paid.
7 EXPENSES AND ADDITIONAL COSTS
Excess mileage expenses within the UK will be charged at 45p per mile where the journey is in excess of 50 miles in each direction (total 100 miles) unless the there is a change of venue or mitigating circumstances the additional mileage will be accounted for within a quote
On occasions it is necessary to get special permissions from the CAA in order to fly, for example in flight restricted zones such as central London or Network Rail when in close proximity to railways. On such occasions bookings may be subject to an administration fee paid prior to the mission. All fees paid to third parties such as the CAA etc are non-refundable. The CAA may refuse permission to fly without giving a reason, in such circumstances the fees are forfeit. Should the CAA refund any fees these will be returned to the customer in full.
If flying abroad, we may require additional time in order to get permissions to fly. This will incur additional cost and are dependant on the location and level or work required to obtain permissions
Flight permissions are occasionally required from third parties, such as in restricted airspace, in close proximity to airports, prisons etc. Airview will shall not be liable for the delays and associated losses where delays are incurred for permissions. Airview will advise of any known restrictions prior to booking.