Membership terms

Article 1 – Velance Aviation Club

1. Velance Aviation Club is a trade name of the sole proprietorship of Faber Valkering, located at Rondtanderlaan 6, 2171 LW Sassenheim, the Netherlands, and registered in the Trade Register of the Dutch Chamber of Commerce (KvK) under number 42100899.
2. The VAT identification number of Velance Aviation Club is NL005497336B63.
3. Velance Aviation Club can be reached at contact@velanceclub.com and via the contact form on velanceclub.com.
4. The registered address is not a publicly accessible visiting location.
5. These Membership Terms apply to every membership of Velance Aviation Club.
6. Velance Aviation Club is not an association. Membership does not confer voting rights, ownership rights or any control over the business Velance Aviation Club.

Article 2 – Definitions

In these terms, the following definitions apply:

1. Velance: Velance Aviation Club, the sole proprietorship of Faber Valkering;
2. candidate: the natural person who submits an application for membership;
3. member: the natural person whose application has been approved by Velance and whose membership is active;
4. membership: the personal, non-transferable agreement that grants access to Velance's services and community and that, as described in Article 11, is currently free of charge;
5. Digital Squadron: Velance's private online member environment;
6. Destination Intelligence: the part of Digital Squadron in which practical information on airfields and destinations is brought together;
7. fly-out: a separately offered programme for which active members can register individually;
8. guest: a person who takes part in a fly-out through an active member without being a member themselves;
9. PIC: the pilot-in-command of a flight;
10. website: velanceclub.com.

Article 3 – Target group and admission

1. Membership is only available to natural persons aged eighteen or over.
2. The candidate must hold a pilot licence for powered fixed-wing aircraft, such as an LAPL(A), PPL(A), CPL(A), MPL(A), ATPL(A) or a comparable foreign pilot licence.
3. A licence that relates solely to helicopters, gliders or balloons is not in itself sufficient for admission.
4. Owning an aircraft is not required. A member may use an owned, shared, borrowed or rented aircraft.
5. The candidate provides accurate, complete and current information with their application.
6. Velance may ask for additional information or proof of the pilot licence where reasonably necessary for the assessment.
7. Velance reviews every application personally and aims to respond within 48 hours.
8. Velance may reject an application, among other things, where:
   1. the candidate does not belong to the target group;
   2. the application is incomplete or demonstrably incorrect;
   3. in Velance's reasonable opinion, the candidate does not fit the nature, values or composition of the community;
   4. admission is reasonably not in the interest of Velance or the community.
9. Submitting an application does not confer a right to admission.
10. Velance is not obliged to give extensive reasons for a rejection, but tries to give a brief explanation where appropriate.
11. A rejected candidate may submit a new application later.
12. Membership is personal and non-transferable.

Article 4 – Application and formation of the agreement

1. The candidate applies for membership via the registration form provided for that purpose.
2. During registration, the candidate must separately agree to:
   1. the Terms and Conditions of Velance Aviation Club;
   2. these Membership Terms.
3. The application cannot be submitted until the candidate has agreed to both documents.
4. By submitting the application, the candidate asks Velance for admission to membership.
5. Submitting the application does not in itself lead to admission or account activation.
6. After receipt, Velance reviews the application against the criteria in Article 3, including flying experience, profile and community fit.
7. The membership agreement is formed at the moment Velance approves the application.
8. On approval, the member's account is activated and the member gains access to the membership.
9. After approval, no second acceptance by the member is required.
10. The start date of the membership is the date on which Velance approves the application and activates the account.
11. Velance confirms the approval and account activation to the member electronically.

Article 5 – What membership includes

1. An active membership gives access to the membership facilities Velance has available at that time, including:
   1. Digital Squadron;
   2. a personal member profile;
   3. a digital hangar in which one or more aircraft can be added;
   4. the private member directory;
   5. ways to contact other members;
   6. the option to take part in the WhatsApp community;
   7. Destination Intelligence;
   8. information about planned fly-outs;
   9. the option to register for fly-outs;
   10. the member rate that applies to the fly-out concerned;
   11. community news and practical updates.
2. Participation in the WhatsApp community is voluntary.
3. Velance may maintain, improve, renew, change, extend, replace, temporarily suspend or discontinue parts of its services. Velance is not obliged to keep any particular functionality or facility permanently available. In the event of a materially adverse change, Velance acts in accordance with Article 22.
4. Velance does not guarantee a minimum number of fly-outs per calendar year.
5. Membership does not guarantee a place on a fly-out.
6. Membership does not guarantee that a member can fly along with another pilot or find an available seat.
7. Velance does not look for available seats, does not form aircraft teams and does not determine who flies with whom.

Article 6 – Digital Squadron

1. Digital Squadron is only accessible to active members.
2. The member keeps their login details confidential and does not make their account available to others.
3. The member is responsible for the accuracy and currency of the information in their profile and digital hangar.
4. Within the settings available, members decide which profile details are visible to other members.
5. Contact details and personal data from Digital Squadron may only be used for personal, business or aviation-related contact that reasonably fits within the community.
6. It is not permitted to:
   1. export, sell or provide member data to third parties;
   2. use the member directory for spam or unsolicited commercial mass outreach;
   3. share accounts or login details;
   4. circumvent security or access restrictions;
   5. copy or publish complete pages, databases or substantial parts of Digital Squadron;
   6. publish screenshots or private conversations without permission.
7. Normal personal and professional networking between members is permitted.
8. Velance may moderate or remove information and contributions that are incorrect, inappropriate, outdated or in breach of these terms.
9. Velance may temporarily take Digital Squadron out of use for maintenance, security, outages or improvements.
10. Velance strives for reliable services, but does not guarantee uninterrupted availability.
11. Agreements, arrangements, transactions, joint flights, aircraft use, cost sharing and other legal relationships that arise through Digital Squadron or otherwise between members themselves, or between members and third parties, arise solely between those parties. Velance is in no way a contracting party, representative, broker, intermediary or guarantor in this respect.
12. Velance is not responsible or liable for whether or not agreements between members, or between members and third parties, are honoured.
13. Contacts between members via Digital Squadron, and everything arising from them, take place at the own risk and responsibility of the members concerned.
14. No member is authorised to conclude agreements on behalf of Velance, make promises, enter into obligations or in any way legally bind Velance. Acts by a member in breach of this paragraph are not attributable to Velance.

Article 7 – Destination Intelligence

1. Destination Intelligence contains practical information on airfields and destinations that may have been compiled from public sources and from experiences or contributions from the community.
2. Destination Intelligence provides supporting and practical information for orientation only and is never intended to replace official flight preparation or operational decision-making.
3. Official aeronautical information and official sources, including AIP, NOTAMs, weather information and official airport publications, always take precedence over the information in Destination Intelligence.
4. Destination Intelligence must never be used as the sole source for flight preparation or for an operational decision.
5. Every pilot, and the PIC in particular, remains fully responsible for consulting and checking current official information, including AIP, NOTAMs, METAR/TAF and other weather information, airport publications, PPR requirements, opening hours, customs information, handling requirements and other official sources.
6. Information within Destination Intelligence may change, become incomplete or contain errors after publication.
7. Velance gives no guarantee as to the accuracy, completeness, currency or suitability of information within Destination Intelligence for a specific flight, destination or operational situation.
8. Use of Destination Intelligence, and decisions based in part on this information, are at the user's own risk and responsibility, subject to liability that cannot be excluded under mandatory law.
9. Members are asked to report incorrect or outdated information to Velance.
10. It is not permitted to publish, resell or systematically copy complete pages, datasets or substantial parts of Destination Intelligence.
11. A member who contributes information, texts, photos or experiences to Destination Intelligence grants Velance a non-exclusive, royalty-free right to use that contribution within the services, including to store, moderate, edit and display it.
12. This right of use may continue after membership ends to the extent necessary to maintain the continuity and usefulness of Destination Intelligence.

Article 8 – Fly-outs

1. Fly-outs are offered and priced separately and are not part of the free membership.
2. For each fly-out, the programme, participation price, capacity, payment terms, cancellation terms and other participation conditions are announced separately.
3. Only active members can register themselves directly for a fly-out.
4. Members take part at the exclusive member rate set for the fly-out concerned.
5. Guests can, to the extent permitted for the fly-out concerned, take part at a guest rate that differs from the member rate.
6. No rights to future fly-outs can be derived from an earlier rate.
7. Registration depends on available capacity. When it's full, it's full.
8. Velance may set a maximum on the number of aircraft, members, guests, aircraft teams or total participants.
9. Velance may operate a waiting list when a fly-out is fully booked.
10. Velance does not organise a member's individual flight and does not act as an airline, pilot, aircraft owner, aircraft rental company or broker of available seats. Velance does not determine who flies with whom.
11. Members arrange for themselves who they take part with and in which aircraft.
12. Any arrangement regarding the use or provision of an aircraft, the provision of a seat, transport, sharing of flight costs or other arrangements around the conduct of a flight between members, guests or third parties is made entirely outside Velance and is solely at the risk and responsibility of the parties involved. The fact that Velance organises or provides the programme at the destination does not mean that Velance is the organiser or operator of the individual flights by which members and guests travel to or from that destination.
13. To the extent that Velance uses or refers to services of external parties on a fly-out, including venues, catering, transport or activities on site, Velance is not responsible for them, except to the extent Velance is itself responsible for that service under mandatory law or the agreement concerned.
14. On definitive participation in a fly-out, the Fly-out Terms applicable at that time apply. The participant accepts these separately at registration.
15. A fly-out booking is a separate agreement. Termination of membership does not automatically terminate a fly-out booking that has already been definitively confirmed.

Article 9 – Guests

1. An active member may bring up to two guests on a fly-out, to the extent the capacity and the terms of the fly-out concerned allow.
2. A guest must be at least eighteen years old.
3. A guest:
   1. is registered through an active member;
   2. is linked to that member and the aircraft team concerned;
   3. cannot book a fly-out independently;
   4. pays the guest rate that applies to the fly-out concerned;
   5. may receive their own invoice;
   6. personally accepts the applicable fly-out terms;
   7. does not get access to Digital Squadron;
   8. does not acquire any membership rights.
4. The member is responsible for providing their guests' necessary details correctly and in good time.
5. A guest can only cancel in accordance with the terms of the fly-out concerned.

Article 10 – Responsibility for the flight

1. Velance organises the community and, where stated for a fly-out, parts of the programme at the destination.
2. Velance does not organise or operate a member's individual flight.
3. Every PIC remains fully and independently responsible for, among other things:
   1. valid privileges, ratings and documents;
   2. medical fitness;
   3. recent flying experience and currency;
   4. airworthiness, insurance and suitability of the aircraft;
   5. weight and balance;
   6. flight preparation;
   7. route, fuel and alternate planning;
   8. assessment of the weather and operational conditions;
   9. operational decisions;
   10. the safe conduct of the flight;
   11. the safety and briefing of passengers.
4. Velance provides no flight instruction and no binding operational flying advice.
5. Routes, briefings, examples or information from Velance do not relieve the PIC of their own legal and operational responsibility.
6. Members and guests may not put pressure on a PIC to carry out or continue a flight.
7. The decision to depart, divert, return, delay or cancel a flight always rests with the PIC.
8. The member acknowledges and understands that general aviation by its nature involves operational risks, including risks inherent in flying small aircraft. Participation in a flight takes place only if the member concerned and the PIC themselves consider those risks acceptable for the flight in question. Nothing in this paragraph is intended to exclude legal liability to the extent that this is not permitted under mandatory law.
9. The PIC is responsible for the existence and adequacy of all insurance legally and contractually required for the flight, including, where applicable, insurance of the aircraft, third-party liability and insurance of occupants and passengers. Velance does not check or guarantee this insurance cover, unless Velance has expressly promised it in writing for a specific situation.
10. If Velance is held liable by a third party for damage resulting from conduct, a shortcoming or an operational decision attributable to a member, guest or PIC, Velance may recover from the responsible party the resulting damage, costs and reasonable legal costs incurred by Velance, to the extent permitted by law. This paragraph does not give Velance a right of recourse for damage resulting from a shortcoming or conduct attributable to Velance itself.

Article 11 – Membership costs

1. For membership, Velance does not currently charge a monetary membership fee.
2. Fly-outs and other services offered separately by Velance may be offered for payment. These payments are separate from membership itself and are governed by Article 8 and Article 13.
3. Velance may decide in the future to introduce a monetary membership fee.
4. Introducing a monetary membership fee does not automatically create a payment obligation for an existing member.
5. Before a monetary membership fee can apply to existing members, Velance informs the member concerned clearly in advance of at least the amount, the intended start date and the applicable terms.
6. A payment obligation for an existing member arises only after that member has expressly agreed to it.
7. If a member does not agree to an announced monetary membership fee, Velance may terminate that member's free membership as of the announced start date. In that case, no payment obligation or invoice arises for the member.
8. This article is without prejudice to the invoicing of separately offered and paid services, including fly-outs.

Article 12 – Duration and cancellation

1. Membership is entered into for an indefinite period.
2. The member may end the membership at any time.
3. Cancelling the free membership carries no membership costs or cancellation fee.
4. You can cancel:
   1. via the member account, once this function is available;
   2. via the option provided for this in the contact form; or
   3. by email to contact@velanceclub.com.
5. The cancellation takes effect at the moment Velance receives it, unless the parties expressly agree another date.
6. Velance confirms receipt and the end date of the cancellation by email.
7. Velance may terminate the free membership of an individual member, or the free membership service as a whole, for reasons of its own, including organisational, technical, economic or business reasons, or when Velance decides to change or discontinue the concept or the services. In principle, Velance announces such termination at least one month in advance.
8. Termination of the free membership by Velance under this article does not in itself give a right to damages or compensation, to the extent permitted by law.
9. This article is without prejudice to Velance's power to suspend or terminate immediately in the event of breaches, as described in Article 16.
10. Article 11 sets out the conditions under which Velance may introduce a monetary membership fee in the future.

Article 13 – Invoicing of fly-outs and other services

1. The free membership itself is not invoiced.
2. For fly-outs and other services offered and paid for separately by Velance, the member or participant receives an invoice, with the payment period and payment terms stated for the service concerned.
3. The member or participant is responsible for paying these invoices on time.
4. If an invoice for a fly-out or other separate service is not paid on time, Velance may, among other things:
   1. send a payment reminder;
   2. suspend or cancel participation;
   3. charge statutory interest and, once the applicable statutory reminder requirements have been met, the legally permitted extrajudicial collection costs.
5. A company or other third party may pay an invoice for a fly-out or other service on behalf of a member or participant.
6. Velance may offer an external payment provider or direct debit for payment of fly-outs and other services. Direct debit is only used where a valid mandate exists.

Article 14 – Cooling-off period and withdrawal

1. To the extent a statutory right of withdrawal applies to the membership, the member may exercise it within the statutory period that applies.
2. Separately from that, the member may in any case end the free membership, as described in Article 12, at any time free of charge.
3. Withdrawal or cancellation can be made using the options referred to in Article 12, including the contact form and by email to contact@velanceclub.com.
4. The member does not need to give a reason for withdrawal or cancellation.
5. Velance confirms receipt of a withdrawal or cancellation by email.
6. A fly-out booked and paid for separately is not automatically covered by the withdrawal or cancellation of the membership. For withdrawal from a fly-out, the Fly-out Terms applicable at that time apply.

Article 15 – Rules of conduct

1. Members behave respectfully, professionally, responsibly and discreetly.
2. Members take into account the safety, privacy, reputation and interests of other members, guests, suppliers and Velance.
3. The following conduct, among other things, is not permitted:
   1. intimidation, threats, discrimination or aggression;
   2. dangerous, reckless or demonstrably irresponsible behaviour;
   3. putting pressure on a PIC to fly;
   4. fraud or knowingly providing incorrect information;
   5. misuse of personal data or contact details;
   6. spam or unsolicited commercial mass outreach;
   7. publishing private conversations, personal data or screenshots without permission;
   8. serious or repeated disruption of the community;
   9. conduct that causes serious harm to other members, Velance or the reputation of the community.
4. Normal personal and professional networking between members is permitted as long as it is done respectfully and without being pushy.

Article 16 – Warning, suspension and termination

1. In the event of a breach of these terms, Velance may, depending on its nature and seriousness:
   1. issue a warning;
   2. remove information or content;
   3. restrict certain functionalities;
   4. temporarily suspend the account;
   5. refuse or end participation in a fly-out;
   6. terminate the membership, including when a member no longer meets the admission criteria as described in Article 3.
2. In the event of a minor or remediable breach, including no longer meeting the admission criteria, Velance will in principle first give a warning or explanation before proceeding to termination.
3. Velance may intervene immediately in reasonable circumstances, including in the event of:
   1. an acute safety risk;
   2. serious intimidation, aggression or discrimination;
   3. fraud;
   4. serious misuse of member data or of the community;
   5. pressure on a PIC to fly unsafely;
   6. a serious or repeated breach of the community rules.
4. Velance may immediately and temporarily suspend an account or access where an investigation is reasonably needed into, for example, a safety incident, a possible case of fraud, misuse of personal data, a breach of the community rules, inappropriate or harmful behaviour, a complaint from another member, possible pressure on a PIC, or another serious risk to Velance or the community. Velance does not need to have first definitively established that a breach has occurred before proceeding to such a temporary suspension.
5. Velance bases a termination on a concrete and reasonably defensible ground.
6. Unless the situation requires immediate action, the member is given an opportunity to provide an explanation.
7. A temporary suspension or termination of the free membership by Velance does not in itself give a right to damages or compensation, to the extent permitted by law.
8. Termination of membership is without prejudice to a fly-out booking that has already been definitively confirmed and paid for; the applicable Fly-out Terms continue to apply to it.

Article 17 – Photo and video recordings

1. During Velance activities and fly-outs, photos and videos may be taken for reporting, community content and promotion of Velance.
2. Velance may use general atmosphere, group and overview shots to the extent this is permitted under the applicable rules and does not disproportionately infringe the interests of the people depicted.
3. For targeted or prominent public marketing use of recognisable portraits, interviews or similar visual material, Velance asks for separate consent in advance, to the extent required under applicable laws and regulations.
4. A member who does not wish to appear recognisably in public marketing communications should preferably notify Velance before the activity concerned.
5. Velance takes this into account within reasonable practical limits.
6. Consent given for future marketing use can be withdrawn via contact@velanceclub.com.

Article 18 – Personal data

1. Velance processes personal data for, among other things:
   1. assessment of applications;
   2. performance of the membership;
   3. management of Digital Squadron;
   4. invoicing and payment of fly-outs and other separately paid services;
   5. communication;
   6. fly-out administration;
   7. security and fraud prevention.
2. The processing of personal data is explained in more detail in Velance's privacy policy.
3. Rejected applications are in principle deleted or anonymised within thirty days, unless there is a statutory or justified reason for longer retention.
4. After termination of a membership, the account is deactivated. Profile and community data is in principle deleted or anonymised within thirty days.
5. Financial, tax and administrative data is kept for the applicable statutory retention periods.
6. The member only provides guest data if those persons have been informed about this.

Article 19 – Intellectual property

1. All rights in the website, trade name, trademarks, design, texts, software, databases and content created by Velance remain with Velance or its licensors.
2. Membership only confers a personal, non-transferable right of use for the duration of the active membership.
3. Without prior permission, it is not permitted to Velance material:
   1. exploit commercially;
   2. copy substantially;
   3. resell;
   4. systematically collect or scrape;
   5. publish beyond normal personal use.
4. The member retains the rights to their own original contributions, subject to the rights of use granted to Velance in these terms.

Article 20 – Liability

A. Limited responsibility of Velance

1. Velance is solely responsible for the proper performance of the obligations that Velance has expressly undertaken itself.
2. The existence of a membership, of Digital Squadron, of Destination Intelligence or of a fly-out does not in itself mean that Velance assumes responsibility for the activities, acts or omissions of members, PICs, guests or third parties.

B. Velance is in principle not responsible for

1. individual flights and the transport of members, guests or third parties;
2. acts or omissions of a PIC, including operational decisions;
3. choice of aircraft, airworthiness, maintenance and insurance of an aircraft;
4. the availability or suitability of an aircraft, seat or aircraft team;
5. arrangements between members themselves, between members and guests, or between members and third parties, including arrangements about aircraft use, transport or cost sharing;
6. the composition of aircraft teams and cost sharing between participants;
7. acts or omissions of other members, guests or third parties;
8. information that members or guests provide themselves;
9. errors, incompleteness or outdated information within Destination Intelligence, in particular after the user should have checked the official sources as described in Article 7;
10. services, acts or omissions of independent suppliers and other third parties, to the extent Velance is not itself responsible for them under mandatory law or the agreement concerned.

C. Extent of liability

1. To the extent permitted by law, Velance is only liable for direct damage suffered that is the direct result of a shortcoming attributable to Velance in an obligation that Velance has expressly undertaken itself.
2. To the extent permitted by law, Velance's liability is excluded for:
   1. indirect damage;
   2. consequential damage;
   3. loss of income or profit;
   4. loss of savings;
   5. loss of opportunities;
   6. loss of data;
   7. reputational damage;
   8. damage resulting from decisions that a member or PIC bases on unofficial information, including information from Destination Intelligence.
3. The member takes reasonable measures to prevent or limit damage.
4. The member reports damage, complaints or shortcomings as soon as possible so that Velance can investigate the problem and resolve it where possible.
5. Nothing in this article limits or excludes liability to the extent that this is not permitted under mandatory law.
6. Liability for intent or deliberate recklessness on the part of Velance is not excluded.

Article 21 – Force majeure

1. Velance is not liable for delay or temporary inability to perform due to circumstances reasonably beyond its control.
2. This may include, among other things:
   1. failure of hosting, communication or payment services;
   2. cyber incidents despite reasonable security measures;
   3. government measures;
   4. severe weather conditions;
   5. natural disasters;
   6. war, terrorism or civil unrest;
   7. strikes;
   8. failure or bankruptcy of essential suppliers.
3. In a force majeure situation, to the extent permitted by law, Velance may suspend its services wholly or in part, temporarily disable functionalities, change, postpone or cancel planned activities, and temporarily not perform the membership or parts of it.
4. In a force majeure situation, to the extent permitted by law, Velance is not obliged to compensate damage arising solely from that force majeure situation.
5. Velance tries to resume its services or offer a reasonable alternative solution as soon as possible.
6. If the core of the membership cannot be delivered for a prolonged period, Velance respects the member's applicable statutory rights. Rights that cannot be excluded or limited under mandatory law remain fully applicable.

Article 22 – Changes to the terms and services

1. Velance may change these terms or the services where there is a reasonable cause.
2. A reasonable cause may include, among other things:
   1. changes in laws and regulations;
   2. safety or security reasons;
   3. technical developments;
   4. extension or adjustment of the services;
   5. changes in costs or business operations;
   6. clarification of provisions.
3. In the event of a material change, Velance informs members at least one month in advance.
4. If a change materially adversely affects the member's position and is not legally required, the member may cancel before the effective date.
5. Minor technical, editorial or member-favourable changes may take effect immediately.
6. A change to these terms cannot by itself give rise to a monetary membership fee for an existing member. Introducing such a payment obligation requires the member's separate express consent, as described in Article 11.

Article 23 – Communication and complaints

1. Velance communicates mainly by email, through Digital Squadron and, where the member chooses this, WhatsApp.
2. The member ensures their contact details are up to date.
3. Velance aims to answer substantive questions within 48 hours. This is not a guaranteed response time.
4. Complaints can be submitted via contact@velanceclub.com or via the contact form.
5. Velance confirms receipt of a complaint and aims to respond on the substance within thirty days.
6. The parties first try to resolve a dispute by mutual consultation.

Article 24 – Governing law

1. Dutch law applies to the membership agreement and these terms.
2. Disputes will be submitted to the court with jurisdiction under the law.
3. A consumer retains all protection under mandatory consumer law that applies to them.
4. If a provision proves invalid or unenforceable, the remaining provisions remain in force.