GENERAL CONDITIONS OF SALE AT SKY VIBRATION OUTLETS
Updated on 01 / 03 / 2023
1. Scope of application
The present General Terms and Conditions of Sale (hereinafter the "GTC") apply, without restriction or reserve, to all sales concluded between Sky Vibration, a simplified joint stock company, registered with the Registre du Commerce et des Sociétés under the number 899 837 470 and domiciled at 3567 route du Nivolet ? 73230 Verel-Pragondran, composed of independent or salaried wingsuit instructors (hereinafter "Sky Vibration") and the final consumer wishing to purchase a solo wingsuit jump or a tandem wingsuit jump or any type of tandem jump (hereinafter the "Services") for his or her personal needs (hereinafter the "Customer").
Sky Vibration and the Customer are jointly referred to as the "Parties".
The Client declares that he/she has the legal capacity to enter into a contract within the meaning of Articles 1145 et seq. of the French Civil Code and certifies that he/she is a natural person of legal age acting for his/her personal or professional needs, as defined above.
2. Acceptance of the general conditions of sale
The fact of buying one or more Services in one of the Sky Vibration points of sale implies full and complete acceptance of the present General Terms and Conditions which are accessible at any time on request to Sky Vibration.
The GTC applicable to the purchase are those in force at the time of the purchase.
The Customer confirms having been able, prior to the realization of its purchase, to take knowledge in the point of sale of Sky Vibration, of the essential characteristics of the Services which it wishes to buy. The Customer confirms that he/she has had the opportunity to be advised by a Sky Vibration representative.
The choice of a Service and the purchase are the sole responsibility of the Client.
In order to participate in any of the jumps offered by Sky Vibration, the Customer will be required to provide accurate weight and medical history information.
Clients over 60 years of age, and/or with a history of ENT, lung, heart or musculoskeletal injuries, or any combination of these, must have a medical certificate less than one year old declaring them fit to practice this discipline.
For minors under 18 years of age, an authorisation from the legal representative, signed by the latter, is required.
4. Prices and payment
Unless otherwise stated, prices are expressed in euro (?).
In accordance with the applicable rules and regulations, all purchases are subject to Value Added Tax (VAT) which will be indicated on the order form or payment receipt.
4.2.1. Payment schedule
For payment, the Client may choose to pay for the Service in full or only in part.
If the Client has chosen the "Full Payment" option, the price is payable in full on the day of purchase of the Service.
If the Customer chooses the "Part Payment" option, the price is payable as follows:
? 30% of the price of the Service, at the time of purchase of the Service, as a deposit, and
? the balance of the price of the Event, at the latest 48 hours before the jump.
4.2.2. Terms of payment
The payment will be made by the Customer, according to the following methods:
? by bank card, are accepted the cards of the network: Visa, MasterCard, Carte bleue. To this end, the Customer guarantees Sky Vibration that he is the holder of the bank card he uses and that the name appearing on this bank card to be debited is his own.
? by bank transfer,
? by gift voucher, on presentation of a counter mark issued by Sky Vibration,
? by cheque,
? in cash.
5. Gift vouchers
Gift vouchers are only valid on the date chosen by the Offeror for jumps from an aircraft. The date initially chosen by the Offeror may be changed, subject to availability, within a period of 12 months from the date of purchase of the gift vouchers.
The vouchers are valid for 18 months for helicopter jumps from the date of purchase.
The gift vouchers can only be used after full payment of the Service by the Client.
They may be used by the beneficiary to pay for all or part of a Service. In this case, the beneficiary will become a Client who will be subject to the present Terms and Conditions.
Once the validity period is over, the Customer will not be able to order any more Services and the sums paid to Sky Vibration will remain acquired in full.
Sky Vibration cannot be held responsible for a late appointment regarding the expiry of the gift voucher if there are no more slots available before the expiry date of the gift voucher.
6. Performance of the Services
6.1. Date and place of the Service
The Customer will be able to choose the date of his choice among the dates proposed by Sky Vibration at the time of the placing of his order.
The place where the Service will be performed will be indicated in the description of the Service offer.
In the event of unsuitable weather conditions for jumping on the planned site, Sky Vibration reserves the right to modify the meeting places and the Event. In the event that no location is suitable for the Event, the conditions of Article 7.2.1 will apply.
Tandem wingsuit jumps are performed at different altitudes depending on the chosen Event. In the event that Sky Vibration is forced to modify the altitude by more than 500 meters compared to the one initially agreed between the Parties, Sky Vibration commits to reimburse a part of the Event based on the Event in its catalogue corresponding to the altitude achieved, the reimbursement being only for the difference in price displayed. If the Customer wishes it, it will be able to choose, rather than to profit from a refunding of the difference between the price of the selected Prestation and that of that carried out, to profit from a reduction in price equivalent to the amount of the refunding on a new ordered Prestation.
6.3. Delay by the Customer
In case of delay at the meeting place by the Customer, Sky Vibration reserves the right to shorten the duration of the flight, depending on the duration of the delay or to cancel the flight if the remaining time before the next meeting is insufficient to perform the Service. In both cases the full amount of the Service will be due to Sky Vibration by the Customer.
In addition, Sky Vibration cannot be held responsible for any delays due to weather conditions or the safety of the passenger or pilot.
7. Cancellation of Services
7.1. Cancellation of Services by Sky Vibration
7.1.1 Causes of cancellation outside Sky Vibration
The wingsuit is a free flight activity. As such, this practice is conditioned by the meteorology and the aerology. The Customer is informed and acknowledges the possibility for Sky Vibration to cancel the Services until the last minute:
? in case of unfavourable weather and aerological conditions,
? for safety reasons by decision of a Sky Vibration staff member,
? due to force majeure, pandemic or government restrictions,
? in case of problems with the aircraft or its pilot.
In the event of any of these events, Sky Vibration will not be liable for any losses incurred by the Customer due to cancellations beyond its control.
Services cancelled for the above reasons will be refunded or rescheduled depending on the availability of the Client and Sky Vibration. In the event of cancellation, deposits will be returned with a deduction of 5% from the total price for administration costs.
7.1.2 Sky Vibration?s internal cancellation causes
The Customer is informed and acknowledges the possibility for Sky Vibration to cancel the Services up to the last minute:
? in the event of injury to a Sky Vibration staff member;
? in the event of a problem with the equipment required to carry out the Service.
In the event of one of these events, Sky Vibration undertakes to reimburse the entirety of the Service, without charge.
However, Sky Vibration shall not be liable for any losses incurred by the Customer as a result of the cancellation of the Service, including any costs incurred by the Customer.
7.1.3 Information to the Customer regarding cancellation
Sky Vibration will contact the Customer, if possible, at the number provided by the Customer, to inform the Customer of the cancellation of the Service or of the uncertainty of its performance, due to changes in the weather, aerological or organisational conditions.
Sky Vibration will not be liable if the Customer does not respond to a telephone call and/or does not understand the message left. It is the responsibility of the Customer to ensure that their contact information is correct.
7.2. Cancellation by the Client
Sky Vibration reserves the right to cancel the Event:
? in the event of a false declaration by the Client concerning, for example, his weight and/or his medical aptitude etc. ;
? In cases where a medical certificate is required, when the Customer is unable to present the said medical certificate, which is less than one year old and states that the Customer is fit to practice a tandem wingsuit jump;
? if the Customer behaves dangerously or appears to be under the influence of alcohol or drugs.
In the above-mentioned cases, Sky Vibration reserves the right to cancel the Service which will remain due by the Customer in its entirety.
In the event of illness or injury to the Customer which prevents participation in the Event, the Event will be refunded or rescheduled depending on the availability of the Customer and Sky Vibration provided the Customer provides proof of incapacity with a medical certificate. In the event of cancellation, the deposit will be refunded with a deduction of 5% from the total price for administrative costs.
7.3. Cancellation of the Services by the Client
In the event of cancellation by the Client of a Service, the following provisions will apply automatically:
- If the cancellation occurs more than 15 days before the date of the Event: the Event will be refunded or rescheduled depending on the availability of the Client and Sky Vibration.
- In case of a refund, the deposit will be returned with a deduction of 10% from the total price for administrative costs.
- In the event of a postponement, the Service will remain valid for a period of 12 months and a handling fee of up to 5% of the total price may apply.
- If the cancellation occurs less than 15 days before the date of the Event: the Event will be partially refunded or postponed depending on the availability of the Client and Sky Vibration.
- In the event of a refund, the amount of the deposit will remain due to Sky Vibration.
- In the event of a postponement, the Service will remain valid for a period of 6 months and a processing fee of up to 10% of the total price may apply.
- If the cancellation is made less than 24 hours before the scheduled date of the Event: the full amount of the Event will be due by the Client;
Any cancellation by the Customer must be notified in writing, including but not limited to by e-mail to email@example.com and/or firstname.lastname@example.org
8. The video option
The Client may book a video option. This option must be made when making the appointment or at least 48 hours before the jump.
In case of a requested video option, Sky Vibration may not be able to perform this Service and will not be liable in this respect.
The Video Service will be refunded in full if there is no footage of the jump.
The Video Service will be reimbursed at 50%, if the landing and a part of the freefall greater than or equal to 50% of the flight time measured by onboard GPS is missing.
In all cases, no refund or reduction will be applied to the Service.
The choice of the video option by the Client necessarily implies acceptance by the latter of the capture of his image for the purpose of making a video representing him during the Service. The video is edited and given to the Client at the end of the jump on a digital medium. The Client is free to use this video as he wishes, provided that he systematically mentions the credit "© Sky Vibration".
9. Customer Service
In the event of any difficulty arising during the performance of the Services or in order to request an amicable settlement, the Customer may contact Customer Services:
- to the following e-mail address: email@example.com
- by phone: +33 7 86 42 53 40
by mail : Sky Vibration ? Customer Service _3567 route du Nivolet ? 73230 Verel-Pragondran
10. Protection of personal data
On the basis of the execution of the sales contract and the legitimate interest to carry out its activities, Sky Vibration informs the Customer that his personal data are collected and processed for the needs of the management of the customer relationship.
11. Liability and insurance
To the fullest extent permitted by applicable law and to the extent provided in these Terms and Conditions, Sky Vibration shall only be liable for direct damages suffered by Customer.
Sky Vibration's independent instructors are covered by a professional liability insurance in France and worldwide, which covers damages resulting from their actions as a professional, including search, rescue and repatriation costs.
This insurance does not replace the Customer's individual civil liability for damage caused to himself or to third parties or resulting from an external natural phenomenon.
Concerning the training courses, it is up to the Client(s) to insure themselves against individual civil liability for the practice of free flight, without limitation of place and altitude, including assistance, search, rescue and repatriation.
Sky Vibration informs the Customer that it has the possibility of subscribing an annual or daily insurance being specified that it is up to the Customer to ensure that the required guarantees are effectively covered.
12. Force majeure
The occurrence of an event constituting of force majeure within the meaning of the jurisprudence and the article 1218 of the Civil code will involve the suspension of the obligations weighing on Sky Vibration. This non-fulfilment of the contract could not engage the responsibility? of Sky Vibration. If the case of absolute necessity has a duration of existence higher than one (1) month, Sky Vibration will be able not to honor the Prestation, with load to refund the Customer if necessary of the sums paid by him under the concerned order.
13. Applicable law ? Disputes
French law is applicable to these GTC.
However, if the Customer does not reside in Metropolitan France but in another country of the European Union, he may avail himself of the provisions of the law applicable to his country of residence, when they are more favourable than the provisions of French law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, or to the existing sectoral mediation bodies, or to any other alternative dispute resolution method in the event of a dispute.
In accordance with order no. 2015-1033 and decree no. 2015-1382, any so-called consumer dispute or litigation, subject to article L.612-2 of the Consumer Code, may be the subject of an amicable mediation settlement.
? To this end, the Customer is informed that Sky Vibration has appointed the following mediator: Jean-Pierre Pizzio ? FCD ? 12 rue Euler ? 75008 Paris
In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.
In the absence of amicable resolution or recourse to mediation, the French courts shall have jurisdiction to hear all disputes to which these GTCs may give rise. However, under the conditions set out in Article 15 of Regulation No. 44/2001 of 22 December 2000, the Client may bring the matter before the Court of the place where he/she is domiciled (and provided that this domicile is located in the area where the Services are provided).
Since 15 February 2016, the European Commission?s online platform for the amicable settlement of disputes is open to the public. Any consumer who has a dispute with a business located in the EU can file a request for mediation through this European platform http://ec.europa.eu/consumers/odr. You can also consult the European Commission's website dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en