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Terms of Service


Last updated: 25 September 2026

These Terms of Service (“Terms”) govern the use of www.aviatek.com and the purchase of products and services from Aviatek Flight Simulators S.L. (“Aviatek”, “we”, “us” or “our”).

By using our website, placing an order, accepting a quotation or sales order, or purchasing a product or service from Aviatek, you agree to these Terms.

Where you are acting as a consumer, nothing in these Terms excludes, restricts or reduces any rights granted to you by mandatory consumer-protection law.

1. Company information

Aviatek Flight Simulators S.L.

Via Sergia 50, Local 12

08302 Mataró, Barcelona

Spain

Email: sales@aviatek.com

Telephone: +34 722 614 271

Website: www.aviatek.com

2. Scope

These Terms apply to:

  • products purchased through our website;

  • products purchased through a quotation or sales order;

  • flight simulation hardware;

  • complete simulator systems;

  • simulation avionics;

  • accessories and spare parts;

  • software and software licences;

  • integration and configuration services;

  • installation and on-site services;

  • technical support and related services.

Certain transactions may be subject to additional terms contained in a quotation, sales order, invoice, licence agreement or other written agreement.

If there is a conflict between these Terms and transaction-specific terms accepted by both parties, the transaction-specific terms prevail for that order.

3. Business customers and consumers

For the purposes of these Terms:

A Business Customer is a person or organisation purchasing primarily for purposes related to its trade, business, profession, flight-training operation, educational activity or other professional activity.

A Consumer is a natural person purchasing primarily for purposes outside their trade, business, craft or profession.

Different legal rights may apply depending on whether the customer is a Business Customer or Consumer.

Most Aviatek simulator systems are intended for professional, training, educational or specialist aviation use. However, we also sell certain products to private individuals.

4. Product information

We make reasonable efforts to ensure that descriptions, specifications, photographs, dimensions and other information concerning our products are accurate.

Aviatek products may be continuously improved or updated.

We may therefore substitute components or make reasonable technical or manufacturing changes provided that such changes do not materially reduce the agreed functionality or performance of the product.

Minor differences may occur in:

  • appearance;

  • component brands;

  • manufacturing details;

  • materials;

  • dimensions;

  • colours;

  • software interface;

  • internal technical implementation.

Images, photographs, videos, renders and illustrations are provided for illustrative purposes unless expressly stated otherwise.

5. Simulation and certification status

Unless expressly stated otherwise in writing, Aviatek products are non-certified flight simulation and training devices.

They are not EASA- or FAA-approved FSTDs, FNPTs, FTDs, AATDs or other certified devices unless expressly identified as such.

Hours operated on a non-certified Aviatek simulator cannot be assumed to count toward regulatory flight-time, licence, rating or training requirements.

Customers are responsible for determining whether the selected product is suitable for their intended regulatory, educational, commercial or training use.

6. Quotations

Aviatek quotations identify the applicable:

  • product or system;

  • configuration;

  • options;

  • price;

  • payment terms;

  • estimated lead time;

  • delivery terms;

  • software and licences;

  • other transaction-specific conditions.

Unless expressly stated otherwise, quotations:

  • are valid only for the period stated;

  • may be revised before acceptance;

  • are subject to product and component availability;

  • exclude VAT, shipping, customs duties and destination-specific charges unless expressly included.

A quotation does not constitute an accepted order until Aviatek confirms the order.

7. Order acceptance

A contract is formed when Aviatek confirms acceptance of the customer's order.

Where an advance payment is required, production may not begin until the required payment has been received in cleared funds.

An automated website acknowledgement does not necessarily constitute final acceptance if technical, configuration, availability or pricing confirmation remains necessary.

We may decline an order before acceptance where, for example:

  • a product is unavailable;

  • the requested configuration cannot be supplied;

  • information provided is incomplete;

  • there is an obvious pricing or technical error;

  • payment cannot be processed;

  • export, sanctions or regulatory restrictions apply.

8. Prices

Unless expressly stated otherwise, prices are shown in euros.

Depending on the transaction, prices may exclude:

  • VAT;

  • shipping;

  • insurance;

  • customs duties;

  • import taxes;

  • customs-clearance fees;

  • installation;

  • travel;

  • accommodation;

  • destination-specific charges.

The accepted quotation or order confirmation determines the final commercial terms.

9. VAT and taxes

VAT treatment depends on the customer's location, status and applicable tax rules.

Qualifying intra-EU business transactions may be invoiced without Spanish VAT where all legal requirements are satisfied and a valid VAT identification number is supplied.

Customers are responsible for providing accurate tax information.

For exports outside the European Union, the recipient is generally responsible for destination-country taxes, duties and customs charges unless expressly agreed otherwise.

10. Payment

Payment terms are specified during checkout or in the applicable quotation, sales order or invoice.

Custom-built systems may require staged payments.

Unless otherwise agreed:

  • production begins only after the required advance payment is received;

  • payment must be made in the currency stated on the invoice;

  • customer bank charges are borne by the customer;

  • Aviatek may suspend production if agreed payments become overdue;

  • shipment may be withheld until all amounts due before shipment have been received.

11. Lead times

Lead times stated on our website, quotations or correspondence are estimates, unless Aviatek expressly agrees in writing to a guaranteed delivery date.

Aviatek manufactures and assembles many products to order and depends on external suppliers for specialised components.

Estimated lead times may be affected by:

  • component availability;

  • supplier lead times;

  • manufacturing schedules;

  • software integration;

  • customer-requested changes;

  • transport disruption;

  • customs;

  • regulatory requirements;

  • force majeure;

  • other circumstances outside our reasonable control.

Aviatek will make reasonable efforts to deliver within the estimated timeframe.

For Business Customers, a delay beyond an estimated lead time does not by itself constitute a material breach or automatically entitle the customer to cancellation or compensation unless expressly agreed otherwise.

Mandatory consumer delivery rights remain unaffected.

12. Customer-requested changes

Changes requested after an order has been confirmed may affect price and lead time.

Where production or procurement has already begun, additional costs resulting from a requested change may be charged to the customer.

Substantial changes may require:

  • a revised quotation;

  • a revised delivery estimate;

  • additional payment;

  • written acceptance before work continues.

13. Made-to-order and customised products

Many Aviatek products are made, assembled, programmed or configured specifically for an individual order.

Customisation may include:

  • aircraft configuration;

  • avionics configuration;

  • cockpit layout;

  • hardware options;

  • displays;

  • controls;

  • software;

  • commercial or personal licences;

  • customer-specific dimensions or functionality.

Where applicable law excludes a right of withdrawal for products made to the consumer's specifications or clearly personalised, that exclusion applies.

This does not affect statutory rights relating to defective or non-conforming goods.

14. Consumer right of withdrawal

Where a Consumer purchases a standard, non-customised product through a distance contract and mandatory consumer law applies, the Consumer may have a statutory right to withdraw within 14 days.

Exceptions established by applicable law may include, among others:

  • goods manufactured according to the customer's specifications;

  • clearly personalised goods;

  • certain digital content after supply begins with the required consent and acknowledgement;

  • certain sealed software once unsealed;

  • services fully performed after the legally required request and acknowledgement.

Any statutory withdrawal right applies according to the requirements and exceptions established by applicable law.

15. Cancellation of Business Customer orders

Business Customer orders are binding once accepted by Aviatek.

Unless Aviatek agrees otherwise in writing, a Business Customer does not have a general right to cancel an accepted made-to-order or customised order.

If Aviatek agrees to cancellation, we may deduct or charge reasonable amounts representing work already performed and costs already incurred, including:

  • engineering;

  • manufacturing;

  • components ordered;

  • non-refundable supplier payments;

  • software licences;

  • customised parts;

  • administrative and logistics costs.

Any applicable cancellation conditions stated in the accepted quotation or sales order prevail.

16. Shipping and delivery

Shipping terms are stated in the applicable quotation or order.

The customer must provide accurate delivery details and ensure that the delivery location is suitable for the shipment.

For large simulator systems, the customer is responsible for ensuring appropriate:

  • access;

  • doorway and lift dimensions;

  • unloading arrangements;

  • personnel;

  • installation space,

unless these services are included in the quotation.

Risk transfers according to the agreed shipping terms and applicable law.

Mandatory consumer rules regarding delivery risk are unaffected.

17. Transport damage

Customers should inspect shipments promptly after delivery.

Visible transport damage should, where reasonably possible:

  • be noted on the carrier's delivery record;

  • be photographed before unpacking;

  • be reported promptly to Aviatek;

  • be reported to the carrier where appropriate.

Packaging should be retained where a transport claim may be necessary.

For Business Customers, failure to notify Aviatek of readily apparent transport damage within a reasonable period may prejudice our ability to pursue a carrier claim.

This provision does not reduce mandatory Consumer rights.

18. Software

Software supplied with Aviatek products may be:

  • developed by Aviatek;

  • licensed from third parties;

  • pre-installed;

  • supplied separately;

  • activated through a licence.

Unless expressly stated otherwise, software is licensed, not sold.

Purchase of Aviatek hardware does not transfer ownership of any software copyright, source code or intellectual-property rights.

19. Software licences

The customer must use software according to the applicable licence.

A personal-use licence may not permit:

  • commercial training;

  • paid instruction;

  • flight-school operation;

  • company use;

  • educational-institution use;

  • revenue-generating activity.

Customers must disclose the intended use where this affects the required licence.

Commercial or professional licences may involve additional fees.

20. Third-party software and services

Aviatek systems may integrate with third-party products such as:

  • flight simulation platforms;

  • aircraft models;

  • navigation data;

  • operating systems;

  • external applications.

Third-party software remains governed by the respective provider's terms.

Aviatek does not control future changes made by third-party developers.

Unless expressly guaranteed in writing, Aviatek cannot guarantee indefinite:

  • third-party availability;

  • future compatibility;

  • third-party pricing;

  • third-party functionality;

  • continued support by the third-party developer.

Where a third-party update causes incompatibility, we will make reasonable efforts to assist but such incompatibility does not automatically constitute a hardware defect.

21. Intellectual property

All intellectual-property rights in Aviatek products and materials remain with Aviatek or the applicable rights holder.

This includes, where applicable:

  • software;

  • firmware;

  • electronics;

  • designs;

  • schematics;

  • source code;

  • documentation;

  • photographs;

  • videos;

  • trademarks;

  • logos;

  • website material.

Purchasing a product does not transfer these rights except where expressly agreed in writing.

22. Third-party trademarks

Aircraft, avionics and software names may be trademarks belonging to their respective owners.

Use of such names is intended to identify aircraft represented, compatibility or simulated functionality and does not necessarily imply endorsement, sponsorship or affiliation.

Warranty and conformity

23. Aviatek commercial warranty for Business Customers

Unless a quotation, invoice or other written agreement states otherwise, Aviatek provides Business Customers with a 2-year commercial warranty on Aviatek-manufactured hardware, beginning on the date of delivery.

This is a contractual commercial warranty offered by Aviatek.

It applies to manufacturing defects and component failures arising under normal intended use, subject to the exclusions below.

The 2-year commercial warranty is separate from any rights that may arise under mandatory law.

24. Consumer statutory rights

Consumers are protected by the mandatory legal conformity rights applicable to their purchase.

These statutory rights are not the same thing as Aviatek's commercial warranty and are not reduced by these Terms.

Where Spanish consumer law applies to the sale of goods, Aviatek is responsible for a lack of conformity existing at the time of delivery and becoming apparent within the statutory period established by law.

For goods delivered under the current Spanish consumer regime, that statutory period is generally three years from delivery.

This does not mean that every failure, deterioration or problem occurring during those three years is automatically covered.

Statutory conformity rights apply only where the requirements established by applicable law are satisfied.

25. What constitutes lack of conformity

A product may be non-conforming where, taking into account the contract and applicable law, it does not appropriately correspond to the agreed:

  • description;

  • type;

  • quantity;

  • quality;

  • functionality;

  • compatibility;

  • interoperability;

  • agreed purpose;

  • expected characteristics.

Assessment of conformity must take into account the nature of the product, the agreement with the customer and applicable mandatory law.

Normal deterioration or damage arising after delivery does not automatically constitute lack of conformity.

26. Presumption concerning Consumer defects

Where Spanish consumer law applies, a lack of conformity that becomes apparent within the legally specified presumption period may be presumed to have existed at delivery unless proven otherwise or unless that presumption is incompatible with the nature of the goods or defect.

Under the current Spanish regime, this presumption generally applies during the first two years following delivery of goods.

After that presumption period, the statutory conformity period may still continue, but whether a particular failure represents an original lack of conformity must be determined according to the circumstances and applicable law.

27. Commercial warranty coverage

For Business Customers, Aviatek's commercial warranty generally covers failures attributable to:

  • manufacturing defects;

  • defective Aviatek assembly;

  • defective components supplied as part of the Aviatek product;

  • workmanship defects arising under normal intended use.

Where a valid commercial warranty claim is confirmed, Aviatek may, at its reasonable discretion and subject to applicable law:

  • troubleshoot remotely;

  • repair the affected component;

  • replace the affected component;

  • provide a functionally equivalent replacement;

  • request return of the affected component or product.

For Consumers, statutory remedies and their order of application are determined by mandatory applicable law.

28. Warranty exclusions

To the maximum extent permitted by applicable law, Aviatek's commercial warranty does not cover failures or damage resulting from:

  • accident or impact;

  • misuse or abuse;

  • operation outside the product's intended purpose;

  • normal wear and tear;

  • cosmetic deterioration that does not affect functionality;

  • incorrect installation not performed by Aviatek;

  • unauthorised repair;

  • unauthorised modification;

  • disassembly contrary to instructions;

  • incorrect wiring;

  • improper electrical supply;

  • voltage spikes or electrical faults outside the product;

  • lightning;

  • liquid or moisture damage;

  • excessive dust or contamination;

  • fire;

  • unsuitable temperature or environmental conditions;

  • incorrect storage;

  • inadequate ventilation;

  • improper transport after delivery;

  • negligent handling;

  • failure to follow operating or maintenance instructions;

  • customer-installed components;

  • incompatible third-party hardware;

  • malware or customer software configuration;

  • third-party software updates or changes;

  • internet, networking or external infrastructure failures.

These exclusions relate to Aviatek's commercial warranty and do not exclude any Consumer right that cannot legally be excluded.

29. Normal wear and consumable items

Components subject to normal mechanical wear are not considered defective merely because they deteriorate through normal use.

Depending on the product, such items may include parts subject to:

  • repeated mechanical movement;

  • friction;

  • cosmetic surface wear;

  • normal loosening or adjustment;

  • consumable replacement.

Aviatek will assess whether a failure represents normal wear or a manufacturing defect according to the nature of the product, usage and circumstances.

Mandatory Consumer conformity rights remain unaffected.

30. Third-party components

Aviatek systems may incorporate components manufactured by third parties.

Where such a component is incorporated into and sold as part of an Aviatek product, Aviatek will handle valid warranty claims according to the applicable Aviatek warranty and mandatory law.

Where a third-party product or licence is separately supplied and subject to its own manufacturer's warranty or licence terms, those separate terms may also apply.

Nothing in this provision removes any obligation imposed directly on Aviatek by mandatory Consumer law.

31. Software, updates and compatibility

A software malfunction is not automatically a hardware warranty defect.

Warranty or conformity assessment may distinguish between:

  • defective Aviatek hardware;

  • Aviatek software defects;

  • customer configuration;

  • third-party software;

  • operating-system changes;

  • simulator-platform updates;

  • unsupported modifications;

  • network configuration;

  • licence problems.

Aviatek may require reasonable diagnostic cooperation before determining the cause of a reported problem.

32. Diagnostic cooperation

Customers requesting warranty support must provide information reasonably necessary to diagnose the problem.

This may include:

  • serial number;

  • purchase information;

  • photographs;

  • videos;

  • screenshots;

  • log files;

  • error messages;

  • configuration information;

  • remote access where appropriate and agreed.

Where remote diagnosis can reasonably resolve or identify the problem, Aviatek may perform remote troubleshooting before requesting return of hardware.

Consumer cooperation obligations apply only to the extent permitted by mandatory law.

33. Return of products for warranty assessment

Aviatek may require an affected product or component to be returned for inspection.

Before returning hardware, the customer should obtain return instructions from Aviatek.

Products should not be returned without prior coordination.

For valid Consumer claims, transport and remedy costs will be handled as required by mandatory law.

For Business Customer commercial-warranty claims, Aviatek will determine reasonable return arrangements according to the nature and location of the equipment and the applicable order terms.

If inspection determines that a Business Customer's reported issue is outside the commercial warranty, reasonable diagnostic, repair and transport costs may be charged following notification to the customer.

34. Replacement parts

A replacement component supplied under the commercial warranty does not restart a new full two-year commercial warranty period unless Aviatek expressly agrees otherwise.

The replacement remains covered for the remainder of the original applicable commercial warranty period, subject to mandatory law.

For Consumers, the effect of repair or replacement on statutory periods is governed by applicable consumer law.

35. Warranty does not cover commercial downtime

For Business Customers, the commercial warranty covers the eligible product or component itself and does not constitute a guarantee of uninterrupted commercial operation.

To the extent permitted by law, Aviatek is not responsible under the commercial warranty for:

  • lost training sessions;

  • aircraft scheduling consequences;

  • lost revenue;

  • instructor costs;

  • customer compensation;

  • business interruption;

  • loss of opportunity

resulting from equipment downtime.

36. Support

Aviatek provides technical support according to the terms applicable to the purchased product.

Support may include:

  • email;

  • telephone;

  • remote session;

  • diagnostic assistance;

  • software troubleshooting;

  • replacement-component coordination.

Remote troubleshooting requires suitable internet access.

On-site support is not included unless expressly stated.

Travel, accommodation, transport and on-site labour may be charged separately where an on-site service is requested or required and is not covered by the applicable contract or mandatory law.

37. Installation and environment

Unless expressly included in the quotation, on-site installation is not included.

The customer is responsible for providing suitable:

  • electrical power;

  • internet/network connectivity;

  • physical space;

  • ventilation;

  • temperature;

  • access;

  • display mounting;

  • environmental conditions.

Problems caused by unsuitable customer infrastructure are not product defects.

38. Limitation of liability for Business Customers

Nothing in these Terms limits liability where limitation is prohibited by law.

For Business Customers, to the maximum extent permitted by law, Aviatek is not liable for indirect, incidental, special or consequential loss, including loss of:

  • profit;

  • revenue;

  • contracts;

  • training income;

  • business opportunity;

  • anticipated savings;

  • business data;

  • operational time.

Except where liability cannot legally be limited, Aviatek's aggregate contractual liability to a Business Customer arising from a particular order will not exceed the amount paid to Aviatek for the product or service giving rise to the claim.

These limitations do not apply to mandatory Consumer rights.

39. Customer responsibilities

Customers are responsible for:

  • supplying accurate information;

  • selecting the required configuration;

  • informing Aviatek of intended commercial use where licensing is affected;

  • complying with software licences;

  • using products according to instructions;

  • maintaining appropriate electrical and networking infrastructure;

  • ensuring compatibility of equipment not supplied by Aviatek;

  • complying with aviation regulations applicable to their operation.

40. Aviation safety

Unless specifically certified for a regulatory purpose, Aviatek products are intended to supplement training and proficiency.

They must not be treated as substitutes for:

  • required real-aircraft training;

  • approved simulator training;

  • regulatory flight instruction;

  • certified training devices;

  • operational decision-making.

Pilots, instructors, operators and training organisations remain responsible for compliance with applicable aviation regulations.

41. Force majeure

Aviatek is not responsible, to the extent permitted by law, for delay or failure caused by events outside our reasonable control, including:

  • natural disasters;

  • fire;

  • war;

  • civil disturbance;

  • government action;

  • strikes;

  • epidemics;

  • energy interruption;

  • transportation disruption;

  • customs delays;

  • supplier disruption;

  • shortages of specialised components;

  • telecommunications failures.

We will make reasonable efforts to minimise the impact and resume performance when reasonably possible.

42. Website use

You must not use our website:

  • unlawfully;

  • fraudulently;

  • to introduce malicious software;

  • to attempt unauthorised access;

  • to interfere with website operation;

  • to impersonate another person.

We may restrict access where reasonably necessary for security or legal reasons.

43. Privacy and cookies

Personal data is processed according to our Privacy Policy.

Cookies and similar technologies are used according to our Cookie Policy.

44. Changes to these Terms

We may update these Terms from time to time.

The Terms applicable to an order are normally those in effect when the order was accepted, together with the quotation, sales order and any additional agreed terms.

Later changes to these website Terms do not retrospectively alter an existing contract unless required by law or agreed by the parties.

45. Severability

If any provision is found invalid or unenforceable, the remainder of these Terms remains effective.

The affected provision will be interpreted or limited only to the extent necessary to make it enforceable where legally possible.

46. Governing law and jurisdiction

These Terms are governed by the laws of Spain, subject to any mandatory law that applies to the customer.

For Business Customers, disputes arising from an order or these Terms shall, unless otherwise expressly agreed, be submitted to the competent courts of Barcelona, Spain.

For Consumers, this provision does not remove any jurisdiction or protection available under mandatory consumer law.

47. Contact

For questions relating to these Terms, an order, warranty or support, contact:

Aviatek Flight Simulators S.L.

Via Sergia 50, Local 12

08302 Mataró, Barcelona

Spain

Email: sales@aviatek.com

Telephone: +34 722 614 271

Website: www.aviatek.com