General terms and conditions of sale
Fury Flight – SAS DAËKA AERO
Aéroport de Merville – Lestrem
Aérogare
Rue de l’aérodrome
59660 Merville
France
Tel : 06 80 98 82 23, email : fury-flight@daeka-aero.com (hereafter the “SELLER”).
IMPORTANT Any order placed on the SITE implies the CUSTOMER’s unreserved acceptance of these terms and conditions of sale.
A/ COMMON GENERAL CONDITIONS
Article 1. DEFINITION
The terms used below have the following meanings in these General Conditions:
- “CUSTOMER”: means the co-contractor of the SELLER, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this CLIENT acts outside of any usual or commercial activity.
- “DELIVERY”: means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
- “PRODUCTS”: refers to all products available on the SITE.
- “TERRITORY”: refers to Metropolitan FRANCE, including Corsica (excluding DOM/TOM).
Article 2. SUBJECT
These Terms and Conditions govern the sale by SELLER to its CUSTOMERS of PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from distinct contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
Article 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
Article 5. PERSONAL DATA
The SELLER collects on the SITE personal data about its Customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER’s account, to analyze orders and, if the CUSTOMER has chosen this option, to send him/her commercial prospecting mails, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER The CLIENT’s data are kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the needs of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact information of its CUSTOMERS, provided that the latter have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish to have their personal data disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the address: fury-flight@daeka-aero.com. It is specified that the CUSTOMER must be able to prove his identity by scanning an ID.
Article 6. COMPLAINTS
All complaints should be sent by e-mail to the following address: fury-flight@daeka-aero.com
Article 7. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER’s authorization in writing. This authorization of the SELLER will not be granted in any case in a final way. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 8. VALIDITY OF THE GENERAL CONDITIONS
Article 9. MODIFICATION OF THE GENERAL CONDITIONS
Article 10. JURISDICTION AND APPLICABLE LAW
B/ GENERAL CONDITIONS FOR THE SALE OF THRILL FLIGHTS
Article 1. RIGHT OF WITHDRAWAL
In accordance with Article L. 121-20-4 of the Consumer Code, the provision of accommodation, transport, catering and leisure services that must be provided on a specific date or at a specific time are not subject to the right of withdrawal. Consequently, the “Reservation Voucher” services booked exclusively on the https://fury-flight.com website are subject to the cancellation and modification conditions set out in these general terms of sale.
Article 2. SALES AND SERVICES
2.1 Maintenance of benefits
The SELLER does not guarantee that the services will remain available for sale during a given period. Any complaint of the customer aiming at the order, of a not realizable service, will be regarded as not founded. In this case, the SELLER undertakes to notify by e-mail or telephone any customer who has placed an order for a service that cannot be performed.
2.2 Photos and graphic documents
Please note that the photos and graphic documents on this site https://fury-flight.com are not contractual. Similarly, although we take great care in updating the information on this site, some pages may not have been changed in a timely manner, this is beyond the control of the SELLER and does not engage his responsibility. The SELLER remains the owner of the images taken by the cameramen and their commercial exploitation.
2.3 Validity
Reservation Vouchers are non-refundable, but can be transferred if necessary. They are valid for one year from the date of issue and must be presented on the day of the activity. The “Reservation Vouchers” are valid for one and only one place of activity operated by the SELLER, except for the payment of a possible additional price corresponding to the difference in rate.
2.4 Extension
The “Reservation Vouchers” can be extended for six months from the date of expiry for the sum of 50 € and the adjustment of the fare in force on the day of the flight.
Article 3. PRICE OF THE SERVICES :
3.1 Prices
All prices are in Euros. It may happen that the prices indicated on certain media have not been updated and differ from the price requested at the time of purchase or reservation. This fact is beyond the control of the SELLER and only the price indicated at the time of reservation or purchase is guaranteed. Any order of vouchers and/or services implies acceptance of the prices and descriptions of the products for sale.
3.2 Regulations
Payments are made exclusively by credit card, and in full on the day of the order
Article 4. ORDERS RESERVATIONS CANCELLATIONS :
4.1 Commands
The customer interested in a service visible on the site https://fury-flight.com follows the following process in order to establish his order: After having made his choice, a “Reservation Form” or other products and after having verified the specifics of his order, the customer pays by credit card.
The reservation is taken into account only after full payment of the reservation, the “Reservation Vouchers” or other products.
4.2 Impossibility of flight
In case of impossibility to fly on the day of the reservation, for the reasons listed in article 4.9, the price of the service is kept and the reservation can be postponed for one year from the date of the first payment. Beyond this period, the price of the service shall remain the property of the SELLER, unless extended as provided for in Article 2.4 Extension
4.3 Absence
In case of absence of the CUSTOMER not reported on the day of the flight and at the time set, the price of the service will be considered as consumed.
4.4 Loss or theft
The beneficiary is solely responsible for the use of his/her “Reservation Voucher”. In case of loss or theft, the amount of the voucher cannot be refunded.
4.5 Exceptional Refunds
Any commercial refund granted by the SELLER of the agreed amounts will be subject to a 20% rebate for administrative costs.
4.6 Video / smoke / pilot options
The options that can be taken on the day of the thrill ride are independent of the thrill rides themselves, a technical problem with the options cannot result in a refund of the thrill ride.
4.7 Cancellation
No refund will be given for any activity that is interrupted or abbreviated or not consumed for any reason whatsoever by the beneficiary. If the CUSTOMER refuses to fly when he is already on board the aircraft or after the necessary means have been put in place, no refund can be claimed from the SELLER.
4.8 Postponement
The thrill flight can be postponed by the CLIENT at the latest 72 hours before the scheduled date, except in case of force majeure. Otherwise, the Reservation Form will be acquired by the SELLER. Sensational flights can be postponed at any time by the SELLER. In the event that the flight is not possible on the day of the reservation, for the reasons listed in Article 9.9, the reservation may be postponed for one year from the date of payment. Beyond this period, the price of the service shall remain the property of the SELLER, unless extended as provided in Article 2.4 Extension.
4.9 Cancellation by the SELLER
The SELLER reserves the right to cancel the sensations flight due to unfavorable weather conditions, insufficient safety reasons or any other case of force majeure. This cancellation can take place just before take-off or during the flight. In this case, the SELLER will not be liable for any travel or accommodation expenses incurred by customers to reach the location of the thrill ride and the vouchers will remain valid during their validity period. Given the validity of the Vouchers, no extension is possible due to bad weather, except under the conditions of 2.4 Extension.
4.10 Incapacity
The SELLER or his representative reserves the right to accept or refuse a passenger. If the SELLER or his representative deems you unfit for a thrill flight in a tandem airplane, he will reimburse you in full for the amount paid.
Article 5. BILLING
The SELLER will issue a receipt or invoice to the customer for the total amount of the service paid to the SELLER. The receipt is available upon request.
Article 6. SPECIAL INSTRUCTIONS
6.1 Clothing
For the sensations flight it is necessary to foresee : Sports shoes mandatory (basketball type). Sandals, flip-flops, open-toed shoes, and other flip-flops are not compatible with aerobatics. A light outfit in summer and a small fleece in winter. The SELLER provides the CUSTOMER with a flight suit and a helmet.
6.2 Power supply
A balanced meal is the most suitable for the practice of this sport. Alcohol and drugs are not compatible with aerobatics
6.3 Medical and Health Certificate
If the CUSTOMER is over 65 years old, a medical certificate from a general practitioner less than 6 months old on the day of the thrill ride will be required, stating that the CUSTOMER has no contraindication to the practice of aerial sports.
A medical certificate is not required for those under 65. However, and in general, the CLIENT must be in good physical and mental health, and not have any infection or illness contraindicated to the realization of this type of flight, not have had an accident recently, not be undergoing medical treatment, not suffer from problems with the lower limbs, spine, heart, ENT, loss of consciousness, epilepsy and not be pregnant.
The SELLER reserves the right to request a medical certificate in case of doubt about a passenger.
If you wear contact lenses you must inform us on the day of the flight.
The SELLER is not authorized to practice sensations flights in handisport. The CUSTOMER can find out more by contacting fury-flight@daeka-aero.com.
6.4 Age, Weight and Height
The minimum age is 12 years old. It is mandatory for minors to provide a parental authorization and to be accompanied by at least one parent or guardian with parental authority.
Maximum weight 100 kg.
Maximum height 1,92 m.
Article 7. CONDITIONS FOR THRILL FLIGHTS
7.1 Meteorology, aircraft, equipment
The activity of thrill flying is dependent on weather conditions, aircraft and equipment used, all of which affect the safety of the activity. The pilot of the aircraft in charge of your sensations flight can decide at any time to postpone or cancel it. The pilot of the aircraft reserves the right to shorten and/or interrupt the sensation flight in case of weather or technical problems related to the equipment.
7.2 Personal items
All items left at the reception desk are your sole responsibility and the SELLER cannot be sued in case of theft or loss of said items. (Glasses, jewelry, phones, etc…)
7.3 Cameras and carrying of various objects
For security reasons, CLIENTS are not allowed to bring cameras, shoes with hooks or any object that could create an incident on the plane.
It is also advisable to remove any valuables, such as watches, rings, earrings … The SELLER cannot be sued in case of loss of the said items.
7.4 Schedules
The schedules of the sensations flights are not fixed, the communicated schedule being the time of appointment and not the time of the sensations flight. We recommend that you plan to be present for 3 to 4 hours in order to have enough time to perform the sensation flight in good conditions.
Article 8. COMPLAINTS:
SAS DAËKA AERO
Merville-Lestrem Airport, Terminal
Airfield road
59660 MERVILLE
After this period, no claim can be taken into consideration.
APPENDIX 1: WITHDRAWAL POLICY
Principle of retraction
Retraction period
The withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CUSTOMER’s order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
Effects of withdrawal
Terms of return
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to :
SAS DAËKA AERO
Merville-Lestrem Airport, Terminal
Airfield road
59660 MERVILLE
This period is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
Return shipping costs
Condition of the returned goods
The CLIENT shall be liable only for depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held responsible for any manipulations other than those necessary.
Packaging
The PRODUCTS are packaged in accordance with current transport standards, in order to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must meet the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return the PRODUCT that does not suit him/her in its original packaging and in good condition, suitable for its remarketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CLIENT’s specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Supply of goods which by their nature are inseparably mixed with other items