English (UK) 
Français Terms and Conditions of Sale and Refund of the SkyVibration.com platform
1. Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply, without restriction or reservation, to all sales concluded via the website of
commerce électronique 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
number 899 837 470 with registered office at 3567 route du Nivolet - 73230 Verel-Pragondran, made up of self-employed or salaried tandem instructors (hereinafter "Sky Vibration") and the
end consumer wishing to purchase a wingsuit or tandem wingsuit jump or any type of tandem jump on the Site (hereinafter the "Services") for his personal needs (hereinafter the "Consumer").
hereinafter 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 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 own personal needs.
2. Acceptance of terms and conditions
Placing an order on the Website implies full and whole acceptance of these CGV which are accessible constantly on the Site. Sky Vibration invites you to print and retain a copy of these Terms and Conditions 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, regulation or by a decision of justice, that could not in no case to affect 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. Services
Sky Vibration offers tandem wingsuit jumps all over the world. The description of these Services and their prices are available on the following link: https://skyvibration.com/tarifs-lieux-dates-des-vols/
In order to participate in one 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 declaring him/her fit to practice this discipline. For minors aged between 15 and 18, a signed authorization from the legal representative is required.
4. Control
To be able to place an order for a tandem wingsuit jump, the Customer must must complete the following steps:
- Click on "Choice of options" in the description of the jump concerned;
- Select the date you wish to book, select the "Solo" option or Enter the weight, select the payment method "Total" or "Duo", enter the weight and select the payment method "Total" or "Duo". Click on "Partial", indicate whether you would like a gift voucher, enter your name and click on "Send". "Add to basket".
- Log on 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 previous steps. to correct errors;
- Accept the General Terms and Conditions of Sale and the privacy policy;
- When you pay by credit card, you will be redirected to the payment page in order to of :
o Enter your bank details ;
o Pay for the order by clicking on the "Confirm" button. In this respect, the The Customer must hold a valid bank card.
The order will be considered finalised when the payment is validated. by the Customer's payment organisation.
In the event of prolonged inactivity during connection, it is possible that the selection of the reservation chosen before this inactivity will no longer be guaranteed. The Customer will be invited to restart your booking from the start.
The Customer will then receive an e-mail confirming receipt of the reservation and a confirmation of the booking. confirmation of the booking including confirmation of payment.
Sky Vibration reserves the right not to accept a reservation if the following conditions are not met the General Terms and Conditions of Sale, in the event of errors or anomalies in the booking, in the event of payment incident or suspected fraud and/or abuse.
5. Prices and payment
5.1. Prices
Unless otherwise stated, prices displayed on the Site are in euros (€). Sky Vibration reserves the right to change prices at any time. The Services will be in any case invoiced on the basis of the tariffs in force at the time of the placing of the order. The Customer is therefore invited to pay attention to the price in force at the time of the order, which is mentioned on the Site when the Service is placed in the shopping basket. In accordance with applicable rules and regulations, all purchases made via the Site are subject to Value Added Tax (VAT), which will be indicated when the order is validated. Should one or more taxes or contributions be modified, or should new taxes or contributions be created, this change may be reflected in the sale price of the Services. No tax or contribution not foreseen at the time of the order may be subsequently requested from the Customer. Expenses relating to transport, meals or accommodation (if necessary to follow the Event) will be additional and at the exclusive charge of the Customer.
5.2 Payment
5.2.1 Payment schedule
When placing an order, the Customer may choose to pay for the Service in full when the order is placed or only in part. If the Customer has chosen the "Full Payment" option, the price is payable in cash, in full, on the day the order is placed by the Customer. If the Customer has chosen the "Partial Payment" option, the price is payable as follows:
- 30% of the price of the Service, when the order is placed, 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 indicated on the order confirmation page displayed to the Customer at the time of payment. To this end, the Customer guarantees Sky Vibration that he is the holder of the credit card he is using and that the name appearing on the credit card to be debited is indeed his own, then communicates in a secure environment via the Internet, the number and expiry date appearing on the front of his credit card as well as the visual cryptogram numbers appearing on the back (or front) of his credit card. On the assumption that, for some reason that it is (opposition, refusal of the center emitting, etc.), the debit of the sums due by the Customer would prove impossible, the sale carried out would be immediately solved and the process of purchase on Internet cancelled. Sky Vibration cannot be held responsible in this case. Sky Vibration also reserves the possibility of refusing with the Customer any order or to honor a Prestation if a litigation of former payment exists. The Customer will be debited at the time of the validation of its order.
5.3 Gift vouchers
Sky Vibration proposes the purchase of gift vouchers on its Site. Gift vouchers are only valid on the date chosen by the purchaser for jumps from an aircraft. The date initially chosen by the purchaser may be changed, subject to availability, within a period of 12 months from the date of purchase of the gift vouchers. Gift vouchers for helicopter jumps are valid for 18 months from the date of purchase. Gift vouchers can only be used once the Customer has paid in full for the Service.
They may be used by the beneficiary to pay for all or part of a Service. The beneficiary will become in this case a Customer who will be subjected to the present. Once the validity period has expired, the Customer will no longer be able to order Services and the sums paid to Sky Vibration will be retained in full.
Sky Vibration cannot be held responsible for a late appointment concerning the end of validity of the gift voucher if there are no more slots available before the expiry date of the gift voucher.
5.4 Transaction security
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 wishes to point out 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 from the customer's bank card after verification of the card details, and on receipt of debit authorization from the company issuing the bank card used by the customer. In accordance with article L.132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating his credit card information, the Customer authorizes Sky Vibration to debit his credit card for the amount corresponding to the price of the Services, all taxes included. In the case where the debit of the sums due by the Customer would be impossible, the sale on line would be immediately solved of right and the order would be cancelled.
6. Performance of Services
6.1 Date and place of performance of the Services
The Customer may choose the date of his choice from among the dates proposed by Sky Vibration at the time of placing his order. The place where the Event will take place is indicated on the description of the Event that can be consulted on the Site. In the event of weather and/or aerological conditions unsuitable for 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 for 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 obliged to modify the altitude by more than 500 metres in relation to that initially agreed between the Parties, Sky Vibration undertakes to reimburse part of the Event based on the Event in its catalogue corresponding to the altitude achieved.
6.3 Customer delay
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 total amount of the Event will be due by the Customer to Sky Vibration.
Furthermore, Sky Vibration cannot be held responsible for any delay due to weather and/or aerological conditions or to 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
Wingsuiting 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 up to the last minute:
- in the event of unfavourable meteorological and/or aerological conditions,
- for safety reasons by decision of a member of Sky Vibration staff,
- due to force majeure, a 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 suffered by the Customer as a result of cancellations beyond its control. Services cancelled for the above reasons will be refunded or rescheduled subject to the availability of the Customer and Sky Vibration. In the event of cancellation, the deposit will be refunded with a deduction of 5% from the total price for administration costs.
7.1.2 Causes of cancellation internal to 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 Sky Vibration staff;
- 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 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, as far as possible, the Customer at the number provided by him, to inform him of the cancellation of the service or of the uncertainty of its realization, following modifications of the meteorological, aerological or organizational conditions. Sky Vibration cannot be held responsible if the Customer does not answer the telephone and/or does not take note of the message left. It is the Customer's responsibility to ensure that the 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 on the part of the Customer, in particular concerning his/her weight and/or medical fitness, etc. ;
- if the Customer is unable to produce a medical certificate less than one year old stating that the Customer is fit to practice a tandem wingsuit jump;
- if the Customer behaves in a dangerous manner or appears to be under the influence of alcohol or drugs.
In the aforementioned 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 of a Service by the Customer, the following provisions will automatically apply:
- 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 Customer's availability.
o In the event of a refund, the deposit will be returned with a deduction of 10% from 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 administration fees 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 Event will be partially refunded or postponed at the Customer's discretion.
o In the event of a refund, the amount of the deposit will remain due to Sky Vibration.
o In the event of postponement, the Service will remain valid for a period of 6 months and administration fees 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 price of the Event will be payable by the Customer;
Any cancellation by the Customer 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 Customer may reserve a video option. This option will have to be made at the time of the appointment or at the latest 48h before the jump. If a video option is requested on the day of the jump, Sky Vibration reserves the right not to be able to carry out this service, in which case it will be refunded to the Customer. The video service will be refunded in full if there is no image of the freefall part. The Video Service will be refunded 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, the skip will not be subject to any refund or reduction. The choice of the video option by the Customer necessarily implies acceptance by the latter of the recording of his/her image for the purposes of making a video representing him/her during the Event. The video is edited and given to the Customer on a digital medium at the end of the jump. The Customer is free to use this video as he sees fit, subject to systematically mentioning the credit "© Sky Vibration".
9. Customer service
In the event of any difficulty arising in connection with the order or between the order and the date on which the Service is carried out, the Customer may contact Customer Services:
– to the following e-mail address contact@skyvibration.com and/or skyvibration.event@gmail.com
– by telephone: +33 7 86 42 53 40
– by post: Sky Vibration - 3567 route du Nivolet - 73230 Verel-Pragondran.
10. Right of withdrawal
The Customer benefits, under the conditions set out in articles L. 221-18 to L. 221-28 of the French Code de la Consommation, a right of retraction relating to Products purchased on the Site, within a period of fourteen (14) calendar days from receipt of the request. the order confirmation email. By requesting the performance of a Service before the expiry of the withdrawal period, the The Customer expressly waives his right of withdrawal. The Customer must indicate his decision to exercise his right of withdrawal before expiry of the aforementioned period. The Customer has the option of completing and sending his declaration of withdrawal either :
- by contacting Sky Vibration Customer Service directly, who will tell you how to proceed.procedure to follow
- Customers may also send their 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 he so wishes, use the retraction form available in appendix I of these GCS. The Customer will then receive immediate confirmation of his/her withdrawal by e-mail. Reimbursement of the Service will be confirmed by email and will take place within maximum period of fourteen (14) calendar days from the day on which Sky Vibration has has been informed of the Customer's decision to exercise his right of withdrawal. Sky Vibration will refund you using the same method of payment. than the one used for the initial transaction.
11. Intellectual property rights
All elements reproduced on the Site, including texts and comments, are protected by copyright, photos, videos, trademarks, logos, illustrations, photographs and images, as well as the underlying technology of the Site and its architecture, are protected by copyright. intellectual property. These elements are and remain the exclusive property of Sky Vibration or the owner of the intellectual property rights concerned for which Sky Vibration has acquired the exploitation rights on a regular basis. Any reproduction, in whole or in part, of the Site or any of its components, by any means whatsoever, is strictly forbidden. on any medium whatsoever, and for any reason whatsoever, including any hypertext links to the Site using framing, deep linking or other techniques.linking, in-line linking or any other deep-linking technique is strictly prohibited and will be prosecuted. would constitute an infringement punishable by articles L.335-2 et seq. and/or L.716-1 et seq. of the Intellectual Property Code.
12. Personal data protection
On the basis of the performance of the sales contract and the legitimate interest of implementing its activities, Sky Vibration informs the Customer that his personal data are collected and used processed for the purposes of order management and, more generally, for the purposes of customer relationship management: account creation, order taking, delivery, organisation of the Service, payment, management and follow-up, right of withdrawal, requests exchange. Information on how Sky Vibration handles the personal data of the Customer are detailed in the Confidentiality Policy. The Customer may at any time access to the data concerning them, oppose its use, rectify it or have it deleted. The Customer also has a right to the portability and a right to the limitation of the treatment of its data. To exercise these rights or for any questions about the processing of data in the context of the customer relationship, the Customer may contact Sky Vibration at contact@skyvibration.com. If the Customer considers 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 for in the these General Terms and Conditions of Sale, Sky Vibration will only be liable for the following direct damage suffered by the Customer. Sky Vibration's self-employed and salaried instructors are covered by an insurance policy covering professional civil liability in France and throughout the world covering resulting from their actions in their professional capacity, including the costs of search, rescue and repatriation. This insurance is not a substitute for the Customer's individual civil liability in respect of damage it causes to itself or to third parties, or which results from the act of a third party. an external natural phenomenon. It is the responsibility of the Customer(s) to take out individual civil liability insurance for the practice of the sport. free flight, without limitation of place or altitude, including assistance, search, rescue and repatriation. Sky Vibration informs the Customer that it has the possibility of subscribing to an annual insurance or to a long-term insurance. day, it being specified that it is the Customer's responsibility to ensure that the required guarantees are in place. actually covered.
14. Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and Article 1218 of the Civil Code will result in the suspension of obligations weighing on Sky Vibration. This non-fulfillment of the contract will 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 order, with load to refund the Customer if necessary of the sums paid by him with the title of the concerned order.
15. Method of proof
The Parties acknowledge that writing in electronic form is acceptable as as evidentiary as a paper document. Pursuant to article L213-1 of the French Consumer Code, when an order relates to for an amount equal to or greater than 120 Euros, Sky Vibration will keep the written record of the amount. contract concluded between Sky Vibration and a customer by electronic means during a current period from the date of conclusion of the contract until the date of delivery of the goods and for a period of of ten years from the date of the sale (in accordance with Decree 2005-137 of 16 February 2005). The Customer then has access to this document at any time, on request. to Customer Services using the contact form.
16. Applicable law - Disputes
These GCS are governed by French law. 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 in his country of residence, where these are more favorable 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 existing sectoral mediation bodies, or to any other alternative dispute resolution method in the event of a dispute. In accordance with Ordinance no. 2015-1033 and Decree no. 2015-1382, any so-called consumer dispute or litigation, subject to Article L.612-2 of the French 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.
Failing amicable resolution or recourse to mediation, the French courts will be competent to hear all disputes to which these GCS may give rise. However, under the conditions set out in article 15 of Regulation no. 44/2001 of December 22, 2000, the customer may bring the matter before the court of his place of residence.
Since 15 February 2016, the online platform for the amicable settlement of disputes of the European Commission is open to the public. Any consumer who encounters a dispute with a company located on the territory of the Union has the possibility of lodging a complaint with the European Court of Justice. a request for mediation via this European platform http://ec.europa.eu/consumers/odr. You can also consult the website of the European Commission dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en
APPENDIX 1: SAMPLE 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 receipt of the order confirmation.
Applications should be sent to :
– via the Site by completing the form available in the customer account or
– by post 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 service below:
Name(s) and reference(s) of Service(s)
Order number :
Order placed on ___________
Name of customer placing the order :
Address of the customer placing the order
Customer's signature (only if this form is notified on paper)
Date
This document was updated on 01 March 2023.
