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 trade www.skyvibration.com (hereafter "the Site") between Sky Vibration, company by simplified shares, registered with the Register of the Trade and the Companies under the number 899 837 470 domiciled with 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 or her 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 in accordance with Articles 1145 et seq. of the Civil Code and 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 older than 15 years, to make less than 85 kilos and to have a medical certificate of less than one year declaring him suitable to practise this discipline. For minors between 15 and 18 years of age, a signed authorisation from the legal representative is required.
4.Ordering
In order to be able to place an order for a tandem wingsuit jump, the Customer must follow the following steps:
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 invited 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 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
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 placed in the shopping basket. 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 were to be modified, as well as in the event of the creation of new taxes or contributions, this change could be reflected in the selling price of the Services. No tax or contribution not provided for 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 additional and at the exclusive charge of the Client.
5.2. Payment
5.2.1. Payment schedule
When placing an order, 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:
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.
For this purpose, 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 at the face of its bank card as well as the numbers of the visual cryptogram appearing at the back (or at 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 with the Customer any order or to honor a Prestation if a litigation of former 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 website. This gift voucher will only be valid on the date chosen by the purchaser for jumps from an aircraft. For helicopter jumps, the gift certificate 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 for the continuation of 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 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, with the reimbursement only covering 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 meteorology and the aerology. The Customer is informed and acknowledges the possibility for Sky Vibration to cancel the Services until the last minute:
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 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 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 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 Information to the Customer regarding cancellation
Sky Vibration will, if possible, contact the Customer at the number provided by the Customer to inform the Customer of the cancellation of the service or the uncertainty of its performance due to changes in weather, air or organizational conditions. Sky Vibration shall not be liable if the Customer does not respond by telephone and/or does not take note of the message left. 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 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.
7.2 Cancellation of Services by the Customer
In the event of cancellation by the Client of a Service, the following provisions will apply automatically:
Any cancellation by the Customer must be notified in writing, including but not limited to by e-mail to 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 the event that a video option is requested on the day of the jump, Sky Vibration reserves the right not to be able to execute this service, and will then refund 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 free fall 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:
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 expiration of the withdrawal period, the Customer expressly waives his right of withdrawal. The Customer must declare his decision to use his right of withdrawal before the expiry of the aforementioned period. The Customer may fill in and submit his declaration of withdrawal either :
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 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 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 Service, payment, management and follow-up, right of retractation, request of 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 or her data. The Customer also has a right to portability and a right to limit the processing of his/her 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 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 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 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 for 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 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 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 :
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___________
