Terms and conditions
Quotations, Cancellations, Deposits and Payment
We are always more than happy to provide a full no obligation estimate. To secure a date and confirm a booking, we require a 50% deposit to be paid in advance. We will then complete an initial office based site survey to determine the feasibility of the shoot and any other mitigating factors e.g. flight restrictions or permissions that may need to be considered.
In larger filming shoots Aertime may play a small part in an overall production. However in order to comply with the terms of our IAA license we still need to complete our pre-flight survey. This could involve a physical on-site visit.
Each job is unique with a mixture of external influences that can affect when and where we can film, but we plan ahead to decrease any possible disruptions.
If cancelled within 7 days of the shoot commencing, the booking will be cancelled, and your deposit will be forfeited. If cancelled within 48 hours, 100% of the booking fee will be payable.
Payments can be made by direct transfer or credit/debit card.
A decision to photograph on a day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, or there is some other reasonably unpredictable reason why the work could not be completed, then either there will be no additional charge to the Client for a return visit to complete the work or the Client can request a full refund of monies paid to Aertime in respect of the cancelled time. No refund will be made for any chargeable preparation work already carried out.
Aertime will always endeavour to complete its assignments by proposed completion dates. However, due to weather and other operational constraints, Aertime cannot guarantee completion on or by any specific date. It, therefore, cannot be held responsible for any missed publishing or other deadlines or any consequential costs involving the timing of the commission.
The completion of work may be subject to alteration or cancellation due to cause or causes beyond the Business' control. Certain requested shots from specific locations, directions and heights, quoted to be undertaken, may not be possible on the day for various operational reasons. In this case, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.
Battery limitations mean that each flight will last a maximum of approximately 28 minutes. This will normally generate up to 25 minutes of photographically usable flight time. After this time, the UAV must descend for a battery change.
Expenses and Additional costs
We will endeavour to ensure that any quote provided will include all expenses and additional costs. On occasion, additional mileage will be required to be undertaken, while there may also be permissions required from the IAA or other state bodies and authorities. Where such an issue arises, this will be notified to you in advance, and subject to approval by you.
Unless contractually agreed prior to the commencement of filming, Aertime will retain copyright of all our filming content. You 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. We reserve the right to prevent any output of our content until full payment has been received.
We reserve the right to use any of the content gathered for our own promotional activities. We reserve the right to upload our footage to stock footage libraries after the footage has been released for its original purpose. This is however subject to Data Protection and GDPR legislation, as well as any confidentiality agreements entered between Aertime and our clients.
Please be assured that all enquiries will be dealt with in complete confidence and if preferred, involved members of staff are more than happy to sign a non-disclosure agreement prior to details of the project being shared. Please advise us if you have any issue prior to production, should Aertime decide to use footage collected for our own marketing purposes.
LIMITATION OF LIABILITY
Nothing in these Conditions shall limit or exclude Aertime's 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
Subject to clause the above:
(a) Aertime 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) Aertime's 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.
(c) The Client shall indemnify the Business against any liability whatsoever (including any liability based on the negligence of the Client) which it may incur resulting from any claim made against the Client by any third party.
Aertime has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 6.5 million Euro.
Aertime does not accept liability for errors resulting from incomplete or inaccurate instructions from the Client’s written brief, nor for delays or restrictions caused by third parties.
We accept no liability for delay or non-fulfilment of any term of the contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity of materials or any other cause or causes not within the Business' direct control.
Prices for Aertime's products are subject to change without notice.
Aertime reserves the right at any time to modify or discontinue a service (or any part or content thereof) without notice at any time.
No failure or delay on the part of Aertime to exercise its rights under the contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the contract shall not affect Aertime's rights in the event of any further or additional breach or breaches.
Notwithstanding termination of the contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions.
The contract shall be construed in accordance with Irish law which shall be the proper law of the contract and the Irish Courts shall have sole jurisdiction in relation to the provisions contained in these Conditions.
The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way whatever.
Each obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder.
These Conditions are stipulated by Aertime on its own behalf and on behalf of all its employees and agents and apply for the protection of all its employees and agents as for Aertime. The Client undertakes not to sue or make any claim whatever against any employee or agent of Aertime in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breach of any contract.
The Client acknowledges and agrees by placing orders with Aertime that:
This is a transaction into which both parties are freely entering.
There are clauses contained in these Conditions which exclude, limit or modify the liability of Aertime and its employees and agents.
The Client acknowledges that they have read this Agreement and both understands and agrees with Aertime regarding all the Terms and Conditions.