Hello, thank you for visiting our terms.
It is important to understand the services we offer and the contract we have with you by using this site. We have outlined our buyer terms below, please make sure you understand them. If you have any questions, then you can contact us here.
Last updated: 1st May 2017
These Buyer Terms apply to all enquiries and purchases made via the website www.bookadrone.co.uk (the “Site”). These terms set out how Site works and describe any associated rights and responsibilities.
The Site allows you to view, select and contact a variety of drone operators.
These operators can upload details of the equipment they have available, their location, availability and expertise so users can easily find and reserve the services of an appropriate operator.
The operators are responsible for providing the services. If you have any problems please let us know. You can email us at [email protected] or by using the contact us function on the Site.
Please note we are a platform that connects drone operators and those who wish to use their services. We do not typically moderate the details of the services which are offered or purchased through the platform, and are not involved in the actual delivery of services by operators. You understand and agree that we are not a party to any agreements entered into between buyers and operators, nor are we an agent or insurer.
We exercise no control over the conduct of users of the Site, and when making a reservation after using the Site you are entering into a contract directly between you and your selected operator.
As most of the content on the Site comes from operators, we do not guarantee its accuracy, nor the quality, safety, or legality of what's offered. If you have any questions or concerns please let us know or contact the operator directly.
It is a requirement of use of the Site that all operators warrant to us that they comply with health and safety legislation, have appropriate and current insurance, and are licensed by the Civil Aviation Authority.
1. ABOUT THE SITE AND THE BUYER TERMS
- 1.1 These Buyer Terms contain some capitalised words which have been given specific meanings. Some of these defined terms are listed below:
- 1.2 “Business Day” means any day on which the clearing banks in the City of London are open for business.
- 1.3 “Buyer” means a person who registers or browses with the Site and may go on to or buy a Service.
- 1.4 “Seller” means a person who registers with the Site to sell Services.
- 1.5 “User” means any person who uses the Site, including Buyers and Sellers.
- 1.6 “Order” means an order made for a Service by a Buyer via the Site.
- 1.7 “Service” means any service involving the operation of a drone and/or the delivery of any Media, which a Seller makes available on the Site.
- 1.8 “Media” means any audio, visual or literal material supplied to you by us or by a Seller as part of the Services, including all meta-data.
- 1.9 “IPRs” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- 1.10 “Fees” means any sums paid by you to us to be paid to a Seller in consideration for a Service.
- 1.11 A reference to a “person” in these Buyer Terms also includes a reference to businesses, companies and other types of associations.
- 1.12 By applying to register as a Buyer you are confirming that you understand and accept (and are able to understand and accept) these Buyer Terms and that you agree to be bound by them.
- 1.13 You may only apply to register as a Buyer if:
- 1.13.1 you are 18 or over;
- 1.13.2 if it is lawful for you to do so; and
- 1.13.3 you hold a bank or PayPal account.
- 1.14 To register as a Buyer, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place on the Site. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks.
- 1.16 We may make alterations to these Buyer Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of these Buyer Terms as altered. We may notify key changes to you but you should review these Buyer Terms from time to time to ensure you are aware of any changes.
2. REGISTRATION, ACCOUNT AND PASSWORD
- 2.1 You may only use your membership for your own benefit. By using the Site you confirm that you are not acting for the benefit of any other person.
- 2.2 To register as a Buyer, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your Site account (“Account”).
- 2.3 The Username and Password will be allocated to you if you successfully apply for registration as a Buyer. Only we can decide whether applications will be successful. You may need your Username and Password to access some parts of the Site. Your Username and Password are personal to you and must not be disclosed to any other person.
- 2.4 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. You can amend your registration details at any time through the Site.
- 2.5 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account or any other use of your Username and Password.
- 2.6 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us as we will provide a replacement password.
- 2.7 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
- 2.8 If you do not log into your Account for 12 months, or in our absolute discretion have or are likely to misuse your Account or breach these Buyer Terms, we may terminate the Account.
3. RESTRICTIONS AND OBLIGATIONS
- 3.1 You agree to comply with all applicable laws and regulations, these Buyer Terms and all rules applicable to the use of the Site.
- 3.2 You agree not to:
- 3.2.1 use the Site to procure Services on behalf of, or in connection with, any military purpose;
- 3.2.2 impersonate any other person or entity;
- 3.2.3 falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
- 3.2.4 falsely describe your affiliation with another person or entity;
- 3.2.5 use or attempt to use another’s account;
- 3.2.6 solicit personal information (including passwords and banking information) from another person;
- 3.2.7 use the Site to find or contact a Seller and then contract with that Seller other than through the Site to procure services involving the operation of a drone or delivery of Media, for the purpose of avoiding payment of the commission we collect.
- 4.1 We permit Sellers to make available their Services on the Site for sale, enabling the Site to be used as a platform on which transactions with Sellers can take place. We are therefore providing a platform in which you can enter transactions with Sellers.
- 4.2 Using the Site you can set out your requirements such as the intended use of the Media and the dates required for the performance of the Services. You can request Services either from a specific Seller, or through our generic booking form.
- 4.3 The Site will display an estimated price based on your requirements, and if you are happy with it then you can place an Order.
- 4.4 If you choose to make an Order, you do so at your own discretion. If you selected a particular Seller when placing your Order, then this is an offer to enter a contract with that Seller to buy a Service, and the Order will be passed to them directly. If you use our generic booking form, then this is an offer to enter into a contract with any of the Sellers whose Services are marketed through the Site, who will be given an opportunity to accept your Order based upon their availability and location.
- 4.5 If the Seller accepts your Order once they have reviewed your requirements, you will be entering a contract with that Seller, and will be sent confirmation and payment instructions. If your Order is not accepted by a Seller within 24 hours of your Order, then your Order may expire.
- 4.6 In addition to the date for the provision of the Services you will be provided with an estimated time for delivery of Media or other aspects of the Services by the Seller. This time is subject to change, so you may not receive parts of the Service such as any resulting Media until after this time or date. If Services are not provided within a reasonable time, you are encouraged to contact the Seller directly. You accept that we shall have no liability for fulfilment of the Order where any such liability arises due to the actions or omissions of the Seller.
- 4.7 The Seller agrees to use reasonable endeavours to provide the Services, but there is no guarantee that Services will be provided. The Seller can reject your Order at any time, provided they return any payment you have made for that Order.
- 4.8 Under certain circumstances, you, us or a Seller may need to cancel or postpone the Services:
- 4.8.1 Sellers need to set aside time and equipment, and arrange travel when you purchase a Service, and if you cancel they will find it difficult to recoup those costs and schedule in alternative work, so if you cancel the Services more than 5 Business Days before they are due to commence, then we shall retain on behalf of the Seller, and may remit to the Seller, up to 50% of the Fees (and in the event of cancellation more than 10 Business Days before the Services are due to commence, 25% of the Fees) which you have already paid to us, less any monies due to us from the Seller, and if you cancel the Services within 5 Business Days of the date they are due to commence then we will retain 100% of the Fees which you have already paid to us;
- 4.8.2 a Seller may cancel or postpone the date for delivery of Services under extenuating circumstances, including but not limited to where the Seller is prevented from reasonably providing those Services on the agreed terms due to natural disaster, weather, lack of insurance or regulatory approval, damage to equipment, delays in transportation, inability to access a location or premises, failure by you to provide a safe environment or otherwise reasonably facilitate the provision of the Services;
- 4.8.3 we may find it necessary or desirable to cancel the Services at our sole discretion for the reasons described in clause 4.8.2, in which case we shall either refund to you the Fees which you have already paid to us, or shall use our reasonable endeavours to identify a replacement operator able to provide materially similar Services at a similar cost and ask the Seller to assign their contract with you to that replacement;
- 4.9 Notwithstanding clause 4.8, we are not responsible and have no control over Refunds of Services. You should enquire directly with the Seller in relation to this.
5. PAYMENTS FOR SERVICES
- 5.1 You agree as a Buyer to pay Bookadrone the Fees for the Services you request through your Account if and when your Order is accepted by a Seller.
- 5.2 The Seller is under no obligation to supply the Services, and may cancel their contract with you at any time if you have not paid the deposit, if any, applicable to your Order. If you do not pay such deposit within 48 hours of your Order being accepted, then it may be automatically cancelled to free up the Seller’s capacity to accept other Orders.
- 5.3 Once the Services are complete and the Media has either been streamed in real-time to you or your intended audience, or the Media has been transferred to you directly, or we have been supplied with the Media so that we might make it available to you, the Seller will ask you to make payment for the balance of the Fees through your Account.
- 5.4 Payment in respect of your Order should be made by bank transfer or online via the payment portal into the Bookadrone account, details of which will accompany your invoice.
- 5.5 We fund the Site by receiving a commission from Sellers, which is based on the amounts paid for Services and a flat fee of £15 to the buyer.
- 5.6 Prices listed on the Site are exclusive of VAT unless otherwise indicated, which will be added when you proceed to checkout your Order if applicable.
6. MEDIA AND INTELLECTUAL PROPERTY RIGHTS
- 6.1 Notwithstanding any additional terms agreed between you and a Seller all IPRs in Media shall vest in or be validly assigned to us by the Seller. You assign to us by way of present, and where applicable future, assignment all IPRs in the Media to which you may now or in the future be entitled. Should you wish to vary this arrangement, please contact our enterprise sales team at [email protected] or 020 3287 8004.
- 6.2 Subject to full payment by you of the Fees to the Seller, we grant you a non-exclusive licence to use the Media for the purpose for which you engaged the Seller to deliver that Media, as indicated by the job name or otherwise in your Order.
- 6.3 For the avoidance of doubt, we shall be entitled to licence, assign and otherwise deal in any Media for any purpose.
- 6.4 It is the responsibility of the Seller to deliver the Media to you. They may do so by uploading the Media you have requested to our Site, subject to any additional charges, which are applicable, or they may deliver it to you by other means.
7. THE RELATIONSHIP BETWEEN BOOKADRONE, YOU AND SELLERS
- 7.1 All Services are sold on the basis of a contract between you and the Seller. We are not a party to any contracts or transactions you may enter with Sellers. We are not the seller or supplier of any Services made available on the Site or displayed on the Site. This is the case whether or not the transaction for Services takes place on the Site or through any external channel.
- 7.2 Services may be offered subject to additional terms requested by the Seller. You should ensure you are aware of any additional terms and agree to being bound by them before buying a Service.
- 7.3 We have no control over and are not responsible for:
- 7.3.1 the quality, safety or legality or any Services sold by Sellers on the Site or through external channels; or
- 7.3.2 any failure of any Seller to make good any offer of a Service, reward or special offer; or
- 7.3.3 the quality, resolution, equipment involved, or any other characteristic of the Service or Media, including whether it meets any description provided on the Site.
8 PROVISION OF INFORMATION
- 8.1 In some cases, Sellers will require more information from you. Sellers will request this information from you directly and you must promptly provide any information that they request in order to properly provide the Service.
- 8.2 When you buy a Service, we will provide the Seller with any information you have supplied to us, which is required by the Seller to provide the Service.
- 9.1 If you have any dispute with a Seller, you should take this up with the Seller directly.
- 9.2 In instances where you feel the Service provided by the Seller is harmful, dangerous or otherwise unsuitable you should alert us so that we may remove the Seller from the Site;
- 9.3 We have no obligation to mediate or attempt to settle any disputes, but in some instances we may do so. Whether or not we decide to mediate is totally up to us. If we decline to do so, we do not have to give any reasons for this decision and our decision is final.
- 10.1 We provide and maintain the Site on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
- 10.2 We give no other warranty in connection with the Site and we disclaim all liability for:
- 10.2.1 the accuracy, currency or validity of information and material contained within the Site, including the accuracy of any ratings or reviews given to Sellers;
- 10.2.2 any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- 10.2.3 any interruptions to or error of the Site or other communications network;
- 10.2.4 the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Site;
- 10.2.5 the availability, quality, content or nature of external sites;
- 10.2.6 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or any User Content; and
- 10.2.7 all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
- 10.3 We have not verified or reviewed any additional terms of any Service and we are not liable for the additional terms of any Service.
- 10.4 We will not be liable in any amount for failure to perform any obligation under these Buyer Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
- 10.5 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, between us and you and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- 10.6 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
- 10.7 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us under these Buyer Terms in the 12 months immediately prior to the date upon which the cause of action arose.
- 10.8 You agree not to use the Site in any way which:
- 10.8.1 is unlawful;
- 10.8.2 may give rise to civil or criminal liability for Bookadrone; or
- 10.8.3 may bring Bookadrone into disrepute.
- 10.9 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
- 10.9.1 any fraud or fraudulent misrepresentation you commit;
- 10.9.1 any inaccuracy or defect in any of the information you have provided to us;
- 10.9.1 any breach of applicable law or regulation you commit;
- 10.9.1 any other person’s use of your Account;
- 10.9.1 any breach by you of these Buyer Terms; and
- 10.9.1 third party claims arising from your use of the Site, any of Your Content or any use of your Account (whether or not such use was by you).
- 10.10 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
11 BREACH, SUSPENSION AND TERMINATION
- 11.1 Without limiting any other rights we have, we may suspend or terminate access to your Account or the Site if you breach any of these Buyer Terms.
- 11.2 If we have grounds to suspect that you are using the Site fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
- 11.2.1 your identity; and
- 11.2.2 that no fraud or impropriety has occurred or been attempted.
- 11.3 We will try to give you reasonable notice of any anticipated termination of the Site.
- 11.4 If you become aware of or suspect another User’s breach of these Buyer Terms, or any fraud or impropriety by another user, you must contact us immediately.
- 11.4 We can cancel, amend or suspend an Order at any time for any reason.
- 12.1 The Site enables the display of third party content, including users’ reviews and ratings of Products and Sellers (“User Content”). The reviews and ratings expressed in any User Content are for information purposes and do not constitute advice from us or reflect our views. To the fullest extent permitted by law we assume no liability for any loss or damage incurred by Sellers and / or Buyers as a result of the User Content.
- 12.2 You accept that we have no control over the User Content as we do not moderate it. However, if you alert us to inflammatory, erroneous or salacious User Content we may in our absolute discretion remove it from the Site.
- 12.3 Although we are not obliged to do so, we may remove or reject any User Content.
- 12.4 You agree that we may process and store any content you submit to the Site (“Your Content”).
- 12.5 You may send Your Content to other Users of the Site, and other Users of the Site may send User Content to you.
- 12.6 You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.
- 12.7 By making available, posting or transmitting Your Content to the Site, you are granting us a non-exclusive, transferrable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.
- 12.8 You agree that you are entitled to make available, post or transmit Your Content to the Site.
- 12.9 You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way, that:
- 12.9.1 is unlawful or may give rise to civil or criminal liability;
- 12.9.2 infringes any copyright or other intellectual property right of any third party;
- 12.9.3 infringes any third party's rights of privacy or rights of publicity;
- 12.9.4 includes any computer virus or other malicious software;
- 12.9.5 is abusive, pornographic, defamatory, discriminatory or obscene;
- 12.9.6 harasses any other person (including Sellers);
- 12.9.7 interferes with another user's use and enjoyment of the Site;
- 12.9.8 impersonates any moderator, administrator or any staff or any other person connected with Bookadrone;
- 12.9.9 contains the confidential information of any other person;
- 12.9.10 solicits passwords or personal information;
- 12.9.11 contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor's legal guardian);
- 12.9.12 exploits any other person;
- 12.9.13 we consider inappropriate; or
- 12.9.14 encourages or provokes any other person to do any of the acts listed above.
- 12.10 If you discover any material which you believe contravenes these Buyer Terms, please inform us.
- 12.11 The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue confirmation to you.
- 12.12 All emails (or other messages) we send are intended for the addressee only.
- 13.1 Some features and services of the Site may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into these Buyer Terms when you indicate your agreement to those additional terms.
- 13.4 These Buyer Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Buyer Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
- 13.5 We may deduct any monies you owe us from any monies we owe you.
- 13.6 Our failure to enforce any term does not constitute our waiver of that term.
- 13.7 If any part of these Buyer Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
- 13.8 The Site is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Site complies with the laws of any other country.
- 13.9 These Buyer Terms are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
- 13.10 Bookadrone will be entitled to assign and otherwise transfer the agreement covered by these Buyer Terms by giving you reasonable notice, which may include notice given via the Site.
- 13.11 All questions, comments or enquiries should be directed to us and we will try to respond to within 48 hours.