Revision: Original
Date: 01/04/2026

These Terms and Conditions govern FlySpiggle's provision of the Service to Candidates. By submitting the registration form, the Candidate confirms that they have read and agree to the Terms and Conditions.

Article 1: Definitions

Capitalized terms have the following meanings:

1.1 - “Assessment”: The aviation language assessment.
1.2 - “Assessment Fee”: The fee payable for the Service.
1.3 - “Assessment Team”: Individuals conducting the Assessment in accordance with FlySpiggle’s Operations Manual.
1.4 - “Candidate”: A pilot (student, private, commercial, etc.) taking the Assessment.
1.5 - “Certificate”: The “Certificate of Language Proficiency” issued upon a successful Assessment.
1.6 - “Collaborators”: Employees, agent, subcontractors, associates, or others engaged by the Service Provider.
1.7 - “Contract”: These Terms and Conditions and any related agreements or referenced documents.
1.8 - “FlySpiggle”: The Service Provider approved by the Belgian Civil Aviation Authorities (BCAA) to conduct Assessments.
1.9 - “Force Majeure”: Events beyond reasonable control (e.g., government action, war, strikes, natural disasters) preventing contractual performance.
1.10 - “Terms and Conditions”: This document, including amendments.
1.11 - “Intellectual Property”: All rights in trademarks, copyrights, patents, designs, software, and databases.
1.12 - “Service”: The Assessment service provided by FlySpiggle.
1.13 - “Service Provider”: Spiggle, having its place of business at Kerkstraat 108, 9050 Gent, Belgium.
1.14 - “Session”: The scheduled period for an Assessment.
1.15 - “Website”: FlySpiggle’s official website: www.flyspiggle.com.

Article 2: Service Provision

2.1 - FlySpiggle provides the Service per these Terms and Conditions.
2.2 - FlySpiggle exercises the highest diligence in service delivery.

Article 3: Assessment Location

3.1 - Available locations are listed on the Website. Candidates select a location upon registration.
3.2 - Online Sessions are conducted via Zoom. In case of technical problems or at the Candidate’s request, the Assessment Team may use an alternative platform.

Article 4: Registration

4.1 - Candidates must register online via the Website.
4.2 - The Assessment Fee must be paid in advance.
4.3 - Upon registration, Candidates receive a confirmation email, invoice, and, for online Assessments, an invitation link to the selected platform.

Article 5: Cancellation

Candidates may cancel their Session up to 7 days before the Assessment. Late cancellations forfeit the Assessment Fee, except in cases of Force Majeure.

Article 6: Rescheduling

Candidates may reschedule their Session up to 72 hours before the Assessment. Late rescheduling results in forfeiture of the Assessment Fee, except in cases of Force Majeure.

Article 7: Assessment Process

7.1 - Candidates must be punctual and provide valid identification.
7.2 - The Assessment Team evaluates six ICAO holistic descriptors (pronunciation, structure, vocabulary, fluency, comprehension, interactions). The final level is the lowest score among these. ICAO requires a minimum Level 4 for certification.
7.3 - Assessments are recorded for legal and audit purposes and securely stored in compliance with ICAO and data protection regulations. Recordings are deleted two years after the Certificate expires, while failed assessment records are retained for five years.

Article 8: Online Assessments

8.1 - Online Assessments are conducted via Zoom. In case of technical problems or at the Candidate’s request, the Assessment Team may use an alternative platform.
8.2 - Candidates are responsible for their electronic equipment and software.

Article 9: Assessment Results

9.1 - FlySpiggle emails results within 72 hours after the Session.
9.2 - A Certificate is issued to successful Candidates.
9.3 - Candidates may contest results or appeal within 7 days via email: info@flyspiggle.com.

Article 10: Intellectual Property

The Service Provider retains all Intellectual Property rights related to the Service.

Article 11: Liability

11.1 - FlySpiggle ensures compliance with applicable laws.
11.2 - FlySpiggle provides no guarantees beyond those stated in Article 9.
11.3 - FlySpiggle does not guarantee automatic certification by local aviation authorities but will assist where possible.
11.4 - FlySpiggle is not liable for indirect losses or damages.
11.5 - Compensation for claims against FlySpiggle shall not exceed the Assessment Fee, except in cases of gross negligence or fraud.
11.6 - Candidates are responsible for accurate data entry.
11.7 - Candidates must not exploit or promote the Service in a way that harms FlySpiggle’s reputation.

Article 12: Service Suspension

12.1 - FlySpiggle may suspend the Service for non-compliance by the Candidate.
12.2 - The Service may be suspended without notice in cases of Force Majeure.
12.3 - Assessments will resume once obligations are met or Force Majeure ends.
12.4 - Candidates are responsible for ensuring their electronic setup for online Assessments.

Article 13: Confidentiality

13.1 - Candidates must maintain confidentiality of information obtained through the Service.
13.2 - Confidential information may only be disclosed to authorized individuals and must not be shared with third parties without FlySpiggle’s consent.
13.3 - Confidentiality obligations apply throughout and beyond the Contract’s duration.

Article 14: Privacy Policy

14.1 - Candidates consent to data collection and processing for contractual, auditing and promotional purposes but may opt out of data sharing with associated companies.
14.2 - Candidates may request access to or correction of their personal data in accordance with privacy laws.
14.3 - Privacy statement required by the Belgian CAA. By registering, the Candidate acknowledges and accepts the following privacy statement:

“I, candidate for a language proficiency assessment at FlySpiggle LAB, confirm that I have been briefed by the organization regarding the following:

In order to pass a valid language proficiency assessment on the Belgian territory, or for endorsement of a language proficiency on a Belgian license, the Belgian CAA demands that (at least a part of) the assessment would be recorded on audio-visual media. This for reasons of identification of the candidate, proof of examination and for reproduction purposes in case of disputes of the content and outcome of the assessment. Neither the recording, nor the data forthcoming from the recording may be shared by the Language Assessment Body (LAB) with third parties. Only the Belgian CAA (or other Civil Aviation Authorities upon request) and the LAB have the right to view and analyze the recordings. The recordings must be kept until 2 years after the Certificate expires or for a period of 5 years in case of failed assessments, after which they are erased in a standardized fashion.”

Article 15: Force Majeure

15.1 - FlySpiggle is not liable for non-performance due to Force Majeure.
15.2 - The Service is suspended during Force Majeure events.
15.3 - Parties must notify each other of Force Majeure occurrences.
15.4 - Candidates affected by Force Majeure may need to provide a sworn statement.

Article 16: Amendments

FlySpiggle may amend these Terms and Conditions. Changes apply to ongoing contracts only with Candidate acceptance.

Article 17: General Provisions

17.1 - Notifications may be sent via mail with acknowledgement of receipt.
17.2 - This Contract supersedes previous agreements.
17.3 - The Contract does not establish representation or binding authority between the parties.
17.4 - Failure to enforce a provision does not waive future enforcement.
17.5 - All Terms remain valid post-contract unless stated otherwise.

Article 18: Dispute Resolution & Governing Law

18.1 - Disputes shall be settled by the Courts of Ghent, Belgium.
18.2 - Belgian law governs this Contract.