GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
Website: www.skyvibration.com Updated on 01 / 03 / 2023
1. Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") apply, without restriction or reserve, to all sales concluded through the e-commerce website www.skyvibration.com (hereinafter referred to as "the Site") between Sky Vibration, a simplified joint stock company, registered with the Registre du Commerce et des Sociétés under the number 899 837 470, and its registered office at 3567 route Nivolet, 73230 Verel-Pragondran, France.Sky Vibration is a simplified joint stock company domiciled at 3567 route du Nivolet, 73230 Verel-Pragondran and composed of independent or salaried tandem instructors (hereinafter referred to as "Sky Vibration") and the final consumer wishing to purchase a wingsuit jump or tandem wingsuit jump or any type of tandem jump on the Site (hereinafter referred to as the "Services") for his personal needs (hereinafter referred to as the "Customer").
Sky Vibration and the Customer are jointly referred to as the "Parties" and individually as the "Party".
The Customer declares that he/she has the legal capacity to conclude a contract in the sense of articles 1145 and following of the Civil Code and certifies that he/she is a natural person of full age acting for his/her personal needs.
2. Acceptance of the general conditions of sale
Placing an order on the Site implies full and complete acceptance of these Terms and Conditions which are accessible at any time on the Site. Sky Vibration invites you to print and keep a copy of these terms and conditions for any future reference.
The General Terms and Conditions of Sale applicable to the order are those in effect at the time the order is placed. Sky Vibration reserves the right to modify at any time the present GTC. These modifications are published by their setting on line and are accepted without reserve when the Customer accesses the site after their setting on line. In the event that one of the clauses of these GTCs should be null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these GTCs or call into question the validity of the other provisions which shall continue to apply.
Sky Vibration offers tandem wingsuit jumps to clients all over the world.
The description of these Services and their prices are available on the following link: https://skyvibration.com/wingsuit-tandem/#reservation/
In order to participate in any of the jumps offered by Sky Vibration, the Customer must be over 15 years of age, weigh less than 85 kilos and have a medical certificate less than one year old stating that he/she is fit to practice this discipline.
For minors between 15 and 18 years of age, a signed authorisation from the legal guardian is required.
To be able to place an order for a tandem wingsuit jump, the Customer must follow the following steps:
Click on "Choice of options" in the description of the jump concerned;
Select the date they wish to reserve, select the "Solo" or "Duo" option, enter their weight, indicate the "Total" or "Partial" payment method, indicate whether they wish to receive a gift voucher, enter their name and click on
"Add to basket".
Log in to your Customer account or create a Customer account on the Site;
Choose a payment method;
Check the details of your order and, if necessary, return to the steps
to correct errors;
When paying by credit card, they will be redirected to the payment page to of :
- Enter your bank details;
- Confirm your order by clicking on the "Validate" button. At this point, the The customer must have a valid credit card.
The order will be finalised at the time of validation of payment by the Customer's payment organisation.
In case of prolonged inactivity during the connection, it is possible that the selection of the reservation chosen before this inactivity is no longer guaranteed. The Customer will be invited to resume the reservation from the start.
The Customer will then receive an acknowledgement of receipt of the reservation and a confirmation of the reservation containing a confirmation of payment by email.
Sky Vibration reserves the right not to accept a reservation in the event of non-compliance with the General Terms and Conditions of Sale, in the event of errors, anomalies in the reservation, in the event of a payment incident or suspicion of fraud and/or abuse.
5. Prices and payment
Unless otherwise stated, the prices displayed on the Site are expressed in euros (?).
Sky Vibration reserves the right to change prices at any time. The Services will in any case be invoiced on the basis of the tariffs in force at the time of the placing of the order. The Customer is thus invited to pay attention to the price in force at the time of the order and which is mentioned on the Site when its Service is put in the basket of purchase.
In accordance with the applicable rules and regulations, any purchase made through the Site is subject to Value Added Tax (VAT), which will be indicated when the order is validated.
If one or more taxes or contributions are modified and in the event of the creation of new taxes or contributions, this change may be reflected in the selling price of the Services. No tax or contribution not foreseen at the time of the order may be subsequently requested from the Customer.
Costs relating to transport, meals or accommodation (if necessary to follow the Service) will be in addition to and at the exclusive charge of the Client.
5.2.1. Payment schedule
When ordering, the Client may choose to pay for the Service in full at the time of placing the order or only in part.
If the Customer has chosen the "Full Payment" option, the price is payable in full on the day the Customer places the order.
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 placing the order, as a deposit, and
the balance of the price of the Event, at the latest one week before the jump.
5.2.2. Terms of payment
Payment on the Site will be made by the Customer by credit card, the following cards are accepted: Visa, MasterCard, Carte bleue (American Express cards are not accepted on the Site).
The amount is the amount shown on the order confirmation page displayed to the Customer at the time of payment.
To this end, the Customer warrants to Sky Vibration that he/she is the holder of the credit card he/she is using. Sky Vibration, that it is the holder of the bank card it uses and that the name appearing on this bank card to be debited is indeed its own, then communicates in a secure environment via the Internet, the number and expiry date appearing on the front of its bank card as well as the number of the visual cryptogram appearing on the back (or front) of its bank card.
In the hypothetical case or, for some reason that it is (opposition, refusal of the issuing centre, etc.), the payment of the sums due by the Customer would be impossible, the sale carried out would be immediately solved and the process of purchase on Internet cancelled. The responsibility of Sky Vibration could not then in no case to be committed has this title. Sky Vibration also reserves the right to refuse the Customer any order or to honour a Service if a previous payment dispute exists.
The Customer will be notified when the order is confirmed.
5.3 Gift vouchers
Sky Vibration offers the purchase of gift vouchers on its website. 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.
Gift vouchers are valid for 18 months for jumps from a helicopter, 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 these 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 will remain in full possession of the Customer.
Sky Vibration cannot be held responsible for a late appointment regarding the end of the validity of the gift voucher if there are no creels available before the expiry date of the gift voucher.
5.3. Sequestration of transactions
The Customer's credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the Internet. Payment is made directly to our bank, via the Site.
Despite data encryption, Sky Vibration reminds you that no data transmission over the internet is secure at 100 % and that information communicated online can potentially be intercepted and used by persons other than the intended recipient.
The transaction is immediately debited to the Customer's bank card after verification of the Customer's data, receipt of the debit authorisation from the bank card issuer used by the Customer.
According to the article L.132-2 of the monetary and financial code, the commitment to pay by means of a payment card is irrevocable. By communicating the information relative to his bank card, the Customer authorizes Sky Vibration to debit his bank card of the amount corresponding to the price of the Services, all taxes included.
In the event that it is impossible for the Customer to pay the amounts due, the online sale will be immediately cancelled and the order will be cancelled.
6. Realisation of Benefits
6.1. Date and place of performance of the Services
The Customer can choose the date of his choice among the dates proposed by Sky Vibration at the time of the placing of his order.
The place of performance of the Service is indicated on the description of the Service offer available on the Website.
In case of weather and/or aerological conditions unsuitable for jumping on the pre-selected site, Sky Vibration reserves the right to modify the meeting and Event locations. In the event that no location is suitable for the continuation of the Event, the conditions of Article 7.2.1 shall apply.
Tandem wingsuit jumps are performed at different altitudes depending on the chosen Service. In the event that 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 will reimburse a part of the Event based on the Event in its catalogue corresponding to the realised altitude.
6.3 Delay by the Customer
In case of delay at the meeting point 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 Event is insufficient to perform the jump. In both cases the full amount of the Service will be owed by the Customer to Sky Vibration. Sky Vibration.
In addition, Sky Vibration will not be held responsible for any delays due to weather and/or aerological conditions or the safety of the passenger or pilot.
7.1 Cancellation of Services by Sky Vibration
7.1.1 External causes of cancellation Sky Vibration
The wingsuit is a free flight activity. As such, this practice is conditioned by meteorology and aerology. The Customer is informed and acknowledges the possibility for Sky Vibration to cancel the Services until the last minute:
in case of favourable weather and/or aerological conditions,
for safety reasons by decision of a Sky staff member
due to force majeure, pandemic or restrictions
in the event of problems related to aircraft transport 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 made by the Customer.
Services cancelled for the above reasons will be refunded or rescheduled according to the availability of the Client and Sky Vibration. In the event of cancellation, the deposit will be refunded with a deduction of 5% of the total price for administration costs.
7.1.2 Internal Cancellation Causes Sky Vibration
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 necessary for the performance of the Service.
In the event of one of these events, Sky Vibration undertakes to reimburse the entirety of the Service, free of 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 5
Sky Vibration will, where possible, contact the Customer at the number provided by the Customer to advise of the cancellation of the service or the uncertainty of its realisation due to changes in meteorological, aerological or organisational conditions.
Sky Vibration will not be liable if the Customer has not received and/or read the message left by telephone. It is the responsibility of the Customer to ensure that their contact details provided at the time of ordering are correct.
7.1.4 Cancellation by the Customer
Sky Vibration reserves the right to cancel the Event:
in the event of a false declaration by the Client, particularly concerning his weight
and/or medical skills etc. ;
when the Customer is unable to provide a medical certificate dated less than one year old stating that the Customer is fit to practice a tandem wingsuit jump;
when the Customer exhibits dangerous behaviour 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 payable by the Customer in full.
7.2 Cancellation of Services by the Customer
In the event of cancellation by the Client of a Service, the following provisions will apply
as of right :
? If the cancellation is made more than 15 days before the date of the Event: the Services will be refunded or postponed depending on the Client's availability.
o In case of reimbursement, the advance payment will be refunded with a deduction of 10% of the total price for administrative costs.
o 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 Services will be partially refunded or postponed according to the Client?s wishes.
o In the event of a refund, the amount of the deposit will be paid to SkyVibration. o In the event of a deferral, the benefit 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 occurs less than 24 hours before the date of the Event: the full cost of the Event will be due by the Client;
Any cancellation by the Customer must be notified in writing, including but not limited to e-mail to email@example.com and/or firstname.lastname@example.org
8. The empty option
The Client may reserve a vacuum option. This option must be made when making the appointment or at least 48 hours before the jump.
In the event of an empty option requested on the day of the jump, Sky Vibration reserves the right not to be able to perform this service, which will be refunded to the Customer.
The Video Service will be refunded in full if there is no image of the freefall game.
The videoconferencing 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 the onboard GPS is missing.
In any case, the jump will not be subject to any refund or reduction.
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 of 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 sees fit, provided that he systematically mentions the credit " © Sky Vibration ".
9. Customer Service
In the event of difficulties arising at the time of the order or between the order and the date of performance of the Service, the Client may contact Customer Services:
- to the following e-mail address: email@example.com and/or firstname.lastname@example.org
- by mail : Sky Vibration - 3567 route du Nivolet ? 73230 Verel-Pragondran
10. Right of withdrawal
The Customer is entitled, under the conditions set out in Articles L. 221-18 to L. 221-28 of the French Consumer Code, to a right of withdrawal in respect of Products purchased on the Site, within a period of fourteen (14) calendar days. L. 221-28 of the French Consumer Code, of a right of withdrawal in respect of Products purchased on the Site, within fourteen (14) calendar days of receipt of the order confirmation email.
By requesting the performance of a Service before the expiry of the delivery period, the Client expressly waives his right of withdrawal.
The Customer must manifest his decision to use his right of withdrawal before the expiry of the above-mentioned period. The Customer can fill in and send his declaration of withdrawal either :
by contacting Sky Vibration Customer Service directly, who will tell you how to proceed
The Customer can also send his request on plain paper to the following address: Sky Vibration - 3567 route du Nivolet ? 73230 Verel-Pragondran, or by email to email@example.com. The Customer may, if he wishes, use the method of complaint form available in appendix I of these GTC.
The Customer will then receive a confirmation of his order by e-mail without delay.
The refund of the Service will be confirmed by email and will take place within a maximum of fourteen (14) calendar days from the day the Customer decides to make use of its right of withdrawal. Sky Vibration has been informed of the Customer's decision to exercise its right of withdrawal.
Sky Vibration will process the refund using the same payment method as the original transaction.
11. Intellectual property
All materials reproduced on the Site, including text, comments, photos, videos, trademarks, logos, illustrations, photographs and images, as well as the underlying technology of the Site and its architecture, are protected by intellectual property rights. These elements are and remain the exclusive property of Sky Vibration or the holder of the intellectual property rights concerned for which Sky Vibration has regularly acquired the exploitation rights.
Any total or partial reproduction of the Site or any of its components, by any process whatsoever, on any medium whatsoever, and for any reason whatsoever, including any hypertext link to the Site and using in particular the framing, deep linking, in-line linking or any other deep linking technique, is strictly prohibited and would constitute an infringement punishable by articles L.335-2 et seq. and/or L.716-1 et seq. of the French Intellectual Property Code.
12. Protection of personal data
On the basis of the execution of the sale 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 his order and more generally for the needs of the management of the customer relationship: creation of account, taking of order, delivery, organization of the Service, payment, management and follow-up, right of withdrawal, request for exchange.
To the fullest extent permitted by applicable law and to the extent set forth in these Terms and Conditions, Sky Vibration shall be liable only for direct damages suffered by Customer.
Sky Vibration?s independent or salaried instructors are covered by professional liability insurance in France and throughout the world, which covers any damage resulting from their actions as professionals, 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.
It is the responsibility of the Client(s) to take out individual civil liability insurance for the practice of free flight, without limitation of place or altitude, including assistance, search, rescue and repatriation.
Sky Vibration informs the Customer that it has the option to take out annual or daily insurance, with the proviso that it is the Customer's responsibility to ensure that the required cover is in place.
14. Force majeure
The occurrence of an event constituting force majeure in the sense of the jurisprudence and the article 1218 of the Civil code will entail the suspension of the obligations weighing on Sky Vibration. This non-execution of the contract will not be able to 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 honour the order, with load to refund the Customer of the sums paid by him under the concerned order.
15. Method of proof
The Parties acknowledge that writing in electronic form is accepted as evidence in the same way as writing on paper.
In application of the article L213-1 of the Code of the Consumption, when an order relates to an amount equal or higher than 120 Euros, Sky Vibration preserves the criterion which states the contract concluded between Sky Vibration and a customer by electronic way during a time current as from the conclusion of the contract until the date of delivery of the good and during a duration of ten years as from this one (in accordance with the decree 2005-137 of February 16, 2005). The Customer has access to this document at any time, upon request to the Customer Service Department via the contact form.
16. 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, where these are more favourable than the provisions of French law.
The Customer is hereby informed that he/she may in any event 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 dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, may be settled out of court.
To this end, the Client is informed that Sky Vibration has appointed the following mediator: Jean-Pierre Pizzio - FCD ? 12 rue Euler ? 75008 Paris.
In the absence of an amicable solution or recourse to mediation, the French courts shall be competent to hear all disputes to which these GTC may give rise. However, under the conditions referred to in Article 15 of Regulation No. 44/2001 of 22 December 2000, the Customer may refer the matter to the Court of the place where he is domiciled.
Since 15 February 2016, the European Commission's online platform for amicable dispute resolution is open to the public. Any consumer who has a dispute with a business located in the EU can submit a request for redress through this European platform http://ec.europa.eu/consumers/odr. You can also consult the website of the European Commission responsible for consumer affairs: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer- complaint_en
Please complete and return this form only if you wish to claim back the valid and paid order. This form must be sent to Sky Vibration no later than fourteen (14) calendar days after receipt of the order confirmation for the Service.
The application must be addressed to :
- via the Site by filling in the form accessible in the customer account or
- by mail to the following address Sky Vibration - 3567 route du Nivolet ? 73230 Verel- FrancePragondran, or
- by email to? firstname.lastname@example.org
I hereby notify you of my acceptance of the contract for the sale of the following service:
Name(s) and reference(s) of the service(s) :
Order number :
Order made on :
Name of the customer who placed the order :
Address of the customer who placed the order :
Signature of the Client (only if the previous form is notified on paper)