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General Terms and Conditions of Sale

Website: www.skyvibration.com
Updated on 16 / 04 / 2022

1. Scope of application

The present general Conditions of sale (hereafter the "CGV") apply, without restriction nor reserve, to the whole of the sales concluded by the intermediary of the site of electronic commerce www.skyvibration.com (hereinafter "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, domiciled at 3567 route du Nivolet - 73230 Verel-Pragondran, composed of independent tandem instructors (hereinafter "Sky Vibration") and the final consumer wishing to purchase a solo wingsuit jump or a tandem wingsuit jump on the Site (hereinafter the "Services") for his personal needs (hereinafter the "Customer").

Sky Vibration and the Customer are jointly referred to as the "Parties" and individually as the "Party".

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 Civil Code and certifies that he/she is a natural person of full age acting for his/her own personal needs.

2. Acceptance of the general conditions of sale

The fact of placing order on the Site carries acceptance full and whole of the present CGV which are accessible constantly on the Site. Sky Vibration invites you to print and keep a copy of these T&Cs for future reference.
The General Conditions of Sale applicable to the order are those in force at the date of the placing of the order. Sky Vibration reserves the right to modify at any time the present CGV. These modifications are published by their setting on line and are considered accepted without reserve when the Customer reaches the site after their setting on line. On the assumption that one of the clauses of the present CGV would be null and void by a change of legislation, of regulation or by a decision of justice, that would not know to affect in no case the validity and the respect of the present CGV nor to call into question the validity of the other provisions which will continue to apply

3. Benefits

Sky Vibration offers tandem wingsuit jumps in various locations listed on the Site. The description of these Services as well as their tariffs are available on the following link: https://skyvibration.com/wingsuit-tandem/#reservation/ In order to be able to take part in one of the jumps proposed by Sky Vibration, the Customer will have to be over 15 years old, to make less than 85 kilos and to have a medical certificate of less than one year declaring him to be able to practice this discipline. For minors between 15 and 18 years old, a signed authorization from the legal representative is mandatory.

4.Ordering

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, if applicable, 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 elements of your order and, if necessary, go back to the previous steps to correct any errors;
  • Accept the Terms and Conditions and the Privacy Policy;
  • When paying by credit card, they will be redirected to the payment page to :
    • Enter your bank details ;
    • Pay for the order by clicking on the "Validate" button. In this respect, the Customer must hold a valid bank card.

The order shall be deemed to be finalised at the time of validation of the payment issued by the Customer's payment organisation.
In the event of prolonged inactivity when logging in, it is possible that the selection of the reservation chosen before this inactivity is no longer guaranteed. The Client will be asked to resume the booking from the beginning.

The Client will then receive an acknowledgement of receipt of the booking and a confirmation of the booking including a confirmation of payment by email.
Sky Vibration reserves the right not to accept a reservation in case of non-compliance with the General Terms and Conditions of Sale, in case of errors, anomalies in the reservation, in case of payment incident or suspicion of fraud and/or abuse.

5. Prices and payment
5.1. Prices

Except contrary mention, the prices posted on the Site are expressed in euro (€). Sky Vibration reserves the right to modify the prices at any time. The Services will be in any event invoiced on the basis of the tariffs in force at the time of the placing of the order. The Client is therefore invited to pay attention to the price in force at the time of the order and which is mentioned on the Site when the Service is put in the shopping cart. 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 or if new taxes or contributions are created, 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 Client. Costs relating to transport, meals or accommodation (if necessary to follow the Service) will be additional and at the exclusive charge of the Client.

5.2. Payment

5.2.1. Payment schedule
When ordering, the Client may choose to pay for the Service in full at the time of ordering 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 due is the amount shown on the order confirmation page displayed to the Customer at the time of payment.

To this end, the Customer guarantees to Sky Vibration, that it is the holder of the bank card which it uses and that the name appearing on this bank card to be debited is well his then communicates in an environment made safe by Internet, the number and the expiry date appearing on the face of its bank card as well as the numbers of the visual cryptogram appearing on the back (or the face) of its bank card. On the assumption that, for some reason that it is (opposition, refusal of the issuing centre, etc.), the debit of the sums due by the Customer would prove impossible, the sale carried out would be immediately cancelled and the process of purchase on Internet cancelled. The responsibility for Sky Vibration could not then in no case be committed on this subject. Sky Vibration also reserves the possibility of refusing to the Customer any order or of honoring a Service if a litigation of previous payment exists.

The Customer will be debited when the order is validated.

5.3 Gift vouchers

Sky Vibration offers the purchase of gift vouchers on its Site. The gift voucher will only be valid on the date chosen by the purchaser for jumps from an aircraft. For helicopter jumps, the gift voucher is valid for 18 months from the date of purchase. The gift vouchers can only be used after full payment of the Service by the Client.

Upon use by the beneficiary, the beneficiary will become a Customer and will be subject to these terms and conditions. Once the validity period has expired, the Customer will no longer be able to benefit from the Service and the sums paid to Sky Vibration will remain acquired in full.

5.4. Securing transactions
The Customer's credit card details are encrypted using the 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 100 % secure 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 data on the card, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with the article L.132-2 of the monetary and financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to its bank card, the Customer authorizes Sky Vibration to debit its bank card of the amount corresponding to the price of the Services, all taxes
included.
In the event that it is impossible to debit the sums owed by the Customer, the online sale will be immediately cancelled by operation of law and the order will be cancelled.

6. Performance of the Services

6.1. Date and place of performance of the Services

The Customer may choose the date of his choice among the dates proposed by Sky Vibration at the time of placing his order. The place of realization of the Prestation is indicated on the description of the offer of the Prestation consultable on the Site.

In case of weather and/or aerological conditions unsuitable for the jumping on the planned site, Sky Vibration reserves the right to modify the meeting and Event locations. In the event that no location is suitable to maintain the Event, the conditions of Article 7.2.1 will apply.

6.2 Altitude

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 of 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 limited to the price difference between the two Events. 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 chosen 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 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 due by the Customer to Sky Vibration.

In addition, Sky Vibration cannot be held responsible for any delays due to weather and/or aerological conditions or the safety of the passenger or pilot.

7. Cancellation

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 weather 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/or aerological conditions,
  • for safety reasons by decision of a Sky Vibration staff member,
  • due to force majeure, pandemic or government restrictions,
  • in the event 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 Customer due to cancellations beyond its control. Services cancelled for the above reasons will be refunded or rescheduled depending on the availability of the Customer and Sky Vibration. In the event of cancellation, the deposit will be returned with a deduction of 5% from the total price for administration costs.

7.1.2 Internal Sky Vibration cancellation causes

The Client 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 case of one of these events, Sky Vibration commits to refund the entirety of the Event, 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 Event, including any costs incurred by the Customer.

7.1.3 Informing the Customer about 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 realization, following changes in the meteorological, aerological or organizational conditions. Sky Vibration shall not be liable if the Customer does not respond to the message left by telephone and/or does not take note of it. It is the Customer's responsibility to ensure that the contact information provided in the order is 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 concerning, in particular, his weight and/or his medical aptitude etc. ;
  • when the Client is unable to present a medical certificate dated less than one year ago stating that the Client is fit to practice a tandem wingsuit jump;
  • when the Customer is behaving 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 Client which prevents participation in the Event, the Event will be refunded or rescheduled depending on the availability of the Client and Sky Vibration provided that the Client provides proof of incapacity by way of a medical certificate. In the event of cancellation, deposits will be returned with a deduction of 5% from the total price for administration costs.

7.2 Cancellation of Services by the Customer

In the event of cancellation by the Client of a Service, the following provisions will apply automatically:

  • If the cancellation is made more than 15 days before the scheduled date of the Event: the Services will be refunded or postponed depending on the Client's availability.
    • In the event of a refund, the deposit will be returned with a deduction of 10% from the total price for administration 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 is made less than 15 days before the scheduled date of the Event: the Services will be partially refunded or postponed according to the Client's wishes.
    • 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 handling 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 Client must be notified in writing, including but not limited to by e-mail to the following address: contact@skyvibration.com and/or skyvibration.event@gmail.com

8. The video option

The Client may book a video option. This option will have to be made at the time of the appointment or at the latest 48h before the jump. In case of a video option requested on the day of the jump, Sky Vibration reserves the right not to be able to execute this service, it will then be refunded to the Customer. The video service will be fully refunded if there is no image of the freefall part.

The Video Service will be reimbursed up to 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, 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 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 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: contact@skyvibration.com and/or skyvibration.event@gmail.com
  • by phone: +33 7 86 42 53 40
  • by mail : Sky Vibration - 3567 route du Nivolet - 73230 Verel-Pragondran

10. Right of withdrawal

The Customer benefits, under the conditions provided for in articles L. 221-18 to L. 221-28 of the French Consumer Code, from a right of withdrawal relating to Products purchased on the Site, within a period of fourteen (14) calendar days from receipt of the order confirmation email.

By requesting the execution of a Service before the expiry of the withdrawal period, the Client expressly waives his right of withdrawal. The Client must express his decision to use his right of withdrawal before the expiry of the aforementioned period. The Customer may 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 may also send a request on plain paper to the following address Sky Vibration - 3567 route du Nivolet - 73230 Verel-Pragondran, or by email to contact@skyvibration.com. The Customer may, if it wishes, use the model withdrawal form available in Appendix I of these GTC.

The Customer will then receive without delay a confirmation of its retractation by e-mail. The refunding of the Prestation will be confirmed by email and will intervene within a maximum time of fourteen (14) calendar days as from the day when Sky Vibration was informed of the decision of the Customer to make use of its right of retractation. Sky Vibration will proceed to the refunding by using the same means of payment as that used for the initial transaction.

11. Intellectual Property

All the elements reproduced on the Site, including the texts, comments, photographs, videos, marks, logos, illustrations, photographs and images, as well as the technology underlying 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 elements, 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, deeplinking, 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 implement its activities, Sky Vibration informs the Customer that his personal data are collected and treated for the needs of the management of his order and more generally for the needs of the management of the customer relation: creation of account, order taking, delivery, organization of the Prestation, payment, management and follow-up, right of retractation, request for exchange.

Information about how Sky Vibration handles the Customer's personal data is detailed in the Privacy Policy. The Customer may at any time access, object to the use of, rectify or delete his data. The Customer also has a right to portability and a right to limit the processing of his data. To exercise these rights or for any question on the data processing within the framework of the customer relationship, the Customer can contact Sky Vibration at the address contact@skyvibration.com. If the Customer estimates after having contacted Sky Vibration, that its rights "Data processing and Freedoms" are not respected, it will be able to address a complaint on line to the CNIL.

13. Insurance

To the fullest extent permitted by applicable law and to the extent provided in these Terms and Conditions, Sky Vibration shall be liable only for direct damages suffered by Customer.

Sky Vibration's independent or salaried instructors benefit from 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 Client'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 location or 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.

14. Force majeure

The occurrence of an event constituting 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 responsibilitý 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 order, with load to refund the Customer if necessary of the sums paid by him under the concerned order.

15. Method of proof

The Parties recognize that the writing in electronic form is admitted as a probative support in the same way as the writing on paper support. 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 writing which establishes 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 conformity with the decree 2005-137 of February 16, 2005). The Customer then has access to this document at any time, upon request to Customer Service 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, 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 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 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 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 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 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

ANNEX 1: MODEL WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the validated and paid order.

This form must be sent to Sky Vibration no later than fourteen (14) calendar days after the receipt of the order confirmation for the Service.

The application should be sent 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 Pragondran, or
  • by email to contact@skyvibration.com
I hereby notify you of my withdrawal from the contract for the sale of the following service(s):Name(s) and reference(s) of the service(s):___________
Order number:___________
Ordered on ___________
Name of the customer who placed the order: ____________
Address of the customer who placed the order: ____________

Signature of the Client (only if this form is notified on paper)
Date___________