1. Scope and Provider
These Terms & Conditions (“Terms”) apply to bookings and
purchases of services offered through next-level.aero, including
ICAO Language Proficiency Examinations, individual training
sessions and combined training and examination packages.
The service provider is:
Timo Hausen
next-level.aero
August-Bebel-Str. 16
04275 Leipzig
Germany
Email:
info@next-level.aero
These Terms apply to consumers and business customers unless a
provision expressly states otherwise. Mandatory statutory rights,
in particular mandatory consumer protection rights, remain
unaffected.
2. Contract Formation
The presentation of services on next-level.aero does not in itself
constitute a binding offer unless expressly stated otherwise.
By completing the booking and checkout process and submitting the
order, the customer submits a binding order for the selected
service. The contract is concluded when the order is accepted,
in particular by an order or booking confirmation sent by email.
The service, appointment, price and other booking details shown
during checkout and in the booking confirmation form part of the
contract.
The customer is responsible for providing complete and accurate
information during the booking process.
3. Services
next-level.aero offers online ICAO Language Proficiency
Examinations and ICAO English training.
The exact scope of the service is determined by the service
description displayed at the time of booking.
Examinations and training sessions are conducted online at the
agreed appointment time.
4. ICAO Language Proficiency Examination BASIC
The BASIC examination is designed exclusively as an ICAO Level 4
assessment.
The BASIC product does not provide an assessment or certification
for ICAO Level 5 or Level 6. This applies even where a candidate’s
language performance might otherwise demonstrate characteristics
above Level 4.
Booking BASIC therefore does not create any entitlement to a
Level 5 or Level 6 result.
5. ICAO Language Proficiency Examination PRO
The PRO examination assesses language proficiency within ICAO
Levels 4 to 6 in accordance with the applicable examination
procedure.
The result depends solely on the language proficiency demonstrated
by the candidate during the examination and the applicable
assessment process.
Booking or paying for the PRO examination does not guarantee any
particular ICAO Language Proficiency Level.
6. Training
Individual 1-to-1 training has a scheduled duration of 45 minutes
unless a different duration is expressly stated in the booking.
Training is intended to familiarise participants with the
examination format, support aviation-related English communication
and provide preparation for an ICAO Language Proficiency
Examination.
Training does not include access to confidential or actual
examination questions and does not guarantee that the participant
will achieve any particular ICAO Language Proficiency Level.
The assessment of a subsequent official examination is independent
of participation in training.
7. Training + PRO Bundle
Where a Training + PRO bundle is purchased, the package consists
of a training session and credit for one ICAO Language Proficiency
Examination PRO.
The customer books and attends the training session separately.
The PRO examination is subsequently booked using the personal
examination credit or redemption code provided for the bundle.
The examination credit:
-
is valid for 12 months from the date on which it is issued,
unless mandatory law requires otherwise;
-
may be used only for the person for whom the bundle was
purchased;
-
is not transferable to another person;
-
cannot be exchanged for cash; and
-
is not voluntarily refundable after expiry of any applicable
statutory withdrawal rights.
Any mandatory statutory rights, including statutory withdrawal
rights where applicable, remain unaffected.
If the examination credit is not redeemed within its validity
period, it expires unless mandatory law provides otherwise.
8. Prices and Payment
The applicable price is the price displayed on the website and
during checkout at the time the order is placed.
Payment is made using the payment methods offered during Shopify
checkout.
Unless otherwise stated, payment is due when the order is placed.
Any statutory tax information applicable to the purchase is
displayed as required during the ordering process or on the
corresponding invoice.
9. Appointment Booking
Appointments are booked from the available time slots displayed
through the booking system.
A booking relates to an available appointment and does not create
an entitlement to a particular examiner unless expressly confirmed
otherwise.
All appointment times refer to the time zone displayed during the
booking process or in the booking confirmation. The customer is
responsible for checking the appointment time and applicable time
zone.
10. Customer Requirements
The customer must ensure that they are able to participate in the
online examination or training session at the agreed time.
For an examination, the candidate must be able to present a valid
government-issued photo identification document when requested.
A pilot licence does not generally need to be presented during the
online appointment unless the customer is informed otherwise before
the examination.
The customer must provide accurate personal and licensing
information required for the examination process, including any
licence number, licensing authority or state of licence issue
requested during booking or examination administration.
Where identification cannot reasonably be verified or required
examination information is not provided, next-level.aero may refuse
to commence or complete the examination. Any mandatory statutory
rights remain unaffected.
11. Technical Requirements
The customer is responsible for providing a suitable device,
stable internet connection, functioning microphone and audio
output, and, where required, a functioning camera.
The customer should join the online meeting in sufficient time to
verify that the necessary technical equipment is working.
Short technical interruptions may be tolerated where they do not
compromise the proper conduct, integrity or assessment of the
examination.
If technical problems on the customer’s side prevent the
examination or training from being properly conducted or completed,
there is no automatic entitlement to a free replacement
appointment. The circumstances of the individual case will be
taken into account.
If a technical problem is attributable to next-level.aero or the
examiner and prevents the service from being properly provided,
the customer will be offered a replacement appointment at no
additional charge or, where appropriate, a refund.
If a substantial external technical outage, such as a widespread
failure of the videoconferencing service or internet infrastructure,
prevents the appointment from taking place and is not reasonably
attributable to either party, the appointment will normally be
rescheduled without additional charge.
Mandatory statutory rights remain unaffected.
12. Cancellation by the Customer
In addition to any statutory rights, next-level.aero offers the
following voluntary cancellation policy.
More than 24 hours
The booking price for the affected appointment will be refunded
in full.
Less than 24 hours
The full booking price is generally payable and no voluntary
refund is provided.
To the extent that the amount retained constitutes liquidated
damages or compensation for loss caused by the late cancellation,
the customer remains expressly entitled to demonstrate that no
loss was incurred or that the actual loss was substantially lower.
This voluntary cancellation policy does not restrict or replace
any statutory right of withdrawal or other mandatory consumer
rights.
Special rules for a Training + PRO bundle are set out in Section 7
and mandatory statutory withdrawal rights remain unaffected.
13. Rescheduling
An appointment may be rescheduled free of charge up to 24 hours
before the scheduled start time, subject to available appointments.
Requests made less than 24 hours before the scheduled appointment
do not create an entitlement to free rescheduling.
next-level.aero may nevertheless permit a later rescheduling
request at its discretion, particularly in exceptional
circumstances. This does not establish an entitlement for future
cases.
Mandatory statutory rights remain unaffected.
14. Late Arrival and No-Shows
Customers should join the appointment at the scheduled start time.
The examiner or trainer will generally wait for up to 15 minutes
after the scheduled start time.
If the customer has not joined within 15 minutes and no alternative
arrangement has been agreed, the appointment may be treated as a
no-show.
A no-show is generally charged at the full booking price and does
not create an entitlement to a free replacement appointment.
To the extent that the amount retained constitutes liquidated
damages or compensation for loss caused by the no-show, the customer
remains expressly entitled to demonstrate that no loss was incurred
or that the actual loss was substantially lower.
If a customer joins late but within the 15-minute waiting period,
next-level.aero will determine whether the appointment can still be
properly conducted. In particular, an examination will not be
shortened or conducted in a manner that would compromise the
required examination procedure.
Mandatory statutory rights remain unaffected.
15. Cancellation or Changes by next-level.aero
In exceptional circumstances, including illness, examiner
unavailability, technical failure or other circumstances preventing
proper performance, next-level.aero may need to cancel or reschedule
an appointment.
In such a case, the customer will be offered a replacement
appointment at no additional charge.
If a suitable replacement cannot be provided within a reasonable
period, the customer may request a refund of the price paid for the
affected service.
No particular examiner is guaranteed. next-level.aero may replace
the originally scheduled examiner with another appropriately
recognised or authorised examiner where necessary.
Mandatory statutory claims remain unaffected.
16. Examination Procedure and Audio Recording
ICAO Language Proficiency Examinations must be conducted in
accordance with the applicable examination and regulatory
procedure.
The examination is audio recorded using a separate recording method
for purposes including assessment, secondary assessment, quality
assurance, examination documentation and regulatory compliance.
Relevant examination documentation and recordings may be
transferred to the responsible Language Testing Body and, where
required, to Austro Control GmbH or another competent aviation
authority.
Further information about the processing of personal data and
examination recordings is provided in the Privacy Policy.
17. Examination Results
The examination result is determined exclusively on the basis of
the candidate’s demonstrated language proficiency and the
applicable assessment procedure.
There is no entitlement to a particular ICAO level merely because
a certain service has been booked, because the candidate has
previously achieved a particular level, or because the candidate
has participated in training.
Where the demonstrated proficiency is below the level required to
pass the examination, the examination is considered unsuccessful
in accordance with the applicable assessment procedure.
An unsuccessful examination does not entitle the candidate to a
free repeat examination or refund solely because of the result.
Results are sent by email. next-level.aero aims to provide results
within 24 hours in most cases. This is a target processing time
and not a guaranteed contractual deadline.
Processing may take longer, particularly on weekends, public
holidays, where secondary assessment is required or where regulatory
or administrative circumstances require additional time.
18. Conduct and Examination Integrity
Candidates must participate personally and without unauthorised
assistance.
The use of scripts, prepared answers, third-party assistance,
unauthorised reference material or other means intended to
improperly influence the examination may result in the examination
being interrupted or invalidated where required by the applicable
examination procedure.
next-level.aero may take measures reasonably necessary to protect
examination integrity and comply with regulatory requirements.
Any consequences for the examination result or validity are governed
by the applicable examination and regulatory procedure.
19. Statutory Right of Withdrawal
Consumers may have a statutory right of withdrawal under applicable
consumer law.
The voluntary cancellation and rescheduling rules contained in
these Terms are separate from and do not limit any statutory right
of withdrawal.
Where the customer expressly requests that next-level.aero begin
providing a service before expiry of the statutory withdrawal
period, the statutory provisions concerning commencement of
performance, compensation for services already provided and expiry
of the right of withdrawal apply.
For a paid service, the statutory right of withdrawal may expire
once the service has been fully performed if the statutory
requirements for the customer’s prior express consent and
acknowledgement have been satisfied.
Where only part of a service has been performed before a valid
withdrawal, statutory rules concerning compensation for the
proportion of the service already provided may apply.
Further details are provided in the separate Withdrawal Policy /
Instructions on Withdrawal made available on the website.
Nothing in these Terms excludes or restricts a statutory right of
withdrawal.
20. Liability
next-level.aero is liable without limitation for damage caused
intentionally or by gross negligence.
Liability is also unlimited for culpable injury to life, body or
health and in other cases in which liability cannot legally be
excluded or limited.
In cases of slight negligence involving the breach of an essential
contractual obligation, liability is limited, to the extent legally
permissible, to the damage that was foreseeable and typical for the
contract. Essential contractual obligations are obligations whose
performance is necessary for proper performance of the contract and
on whose performance the customer may normally rely.
Any mandatory statutory liability remains unaffected.
21. Intellectual Property and Training Materials
Unless otherwise stated, materials supplied by next-level.aero in
connection with training or preparation are intended for the
customer’s personal use.
Copyright and other intellectual property rights remain with their
respective rights holders.
Materials may not be reproduced, distributed, published, sold or
made publicly available beyond what is permitted by law or expressly
authorised.
22. Data Protection
Personal data is processed in accordance with the Privacy Policy
available on next-level.aero and applicable data protection law.
23. Consumer Rights and Mandatory Law
Nothing in these Terms is intended to exclude, restrict or
circumvent rights that cannot legally be excluded or restricted.
Where a provision of these Terms conflicts with mandatory consumer
protection law, the mandatory statutory provision takes precedence.
24. Governing Law
These Terms and the contractual relationship are governed by the
laws of the Federal Republic of Germany, excluding the UN Convention
on Contracts for the International Sale of Goods.
For consumers, this choice of law does not deprive the consumer of
mandatory protections granted by the law of the country in which
the consumer has their habitual residence where such protections
apply under applicable conflict-of-law rules.
25. Final Provisions
If individual provisions of these Terms are or become invalid or
unenforceable, the validity of the remaining provisions is not
affected, to the extent permitted by law.
The applicable statutory provisions take the place of any invalid
or unenforceable provision.
The current version of these Terms is made available on
next-level.aero.