General terms and conditions of sale

The present general conditions of sale (hereafter the “General Conditions”) apply to any purchase carried out by an Internet user / natural person (hereafter the “CUSTOMER”) on the Internet site https://fury-flight.com (hereafter the “WEBSITE”) with DAËKA AERO, SAS registered with the RCS of Dunkerque, having its registered office :

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

The CUSTOMER undertakes to read carefully these Terms and Conditions and to accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE. The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy. The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, the latest version of the said Terms and Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges that he/she has read, understood and accepted the General Conditions without limitation or condition.

Article 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE

In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives. The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT’s order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES can, if necessary, be done using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail at fury-flight@daeka-aero.com to obtain information on the status of his order. The information that CUSTOMER provides to SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.

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

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorize CLIENTS to disregard these General Conditions. Any terms and conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector for companies whose registered office is located in France.

Article 9. MODIFICATION OF THE GENERAL CONDITIONS

These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 10. JURISDICTION AND APPLICABLE LAW

The present General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In case of dispute, only the French courts will be competent. However, prior to any recourse to the arbitral or state judge, negotiation in a spirit of loyalty and good faith will be privileged in order to reach an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity. The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties fail to reach an agreement, the dispute shall be submitted to the competent court designated below. During the entire negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in respect of the dispute which is the subject of the negotiation. By way of exception, the parties are entitled to apply to the summary jurisdiction or to seek an order on motion. A possible action before the court of summary jurisdiction or the implementation of a procedure on request does not entail any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.

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:

Any complaint relating to a service must be sent to us by registered letter with acknowledgement of receipt, within 10 days after the service, accompanied by supporting documents, to the following address
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

The CUSTOMER shall in principle have the right to return or restitute the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days of the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.

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

To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous statement to fury-flight@daeka-aero.com. The elements to be mentioned are: Product name, Product reference, Invoice number, Order date, Delivery date, Customer name, Customer address, Delivery address. In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER’s desire to withdraw. The SELLER will proceed with the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the customer. SELLER may defer refund until receipt of the goods or until CUSTOMER has provided proof of shipment of the goods, whichever comes first.

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

The CUSTOMER shall bear the direct costs of returning the goods.

Condition of the returned goods

The PRODUCT must be returned in accordance with the SELLER’s instructions and include all accessories delivered.
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

APPENDIX 2: DELIVERY POLICY

Delivery area

The PRODUCTS offered can only be delivered within the TERRITORY. It is not possible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.

Shipping time

The time required to prepare an order and then to issue an invoice, before shipping the PRODUCTS in stock, is mentioned on the SITE. These deadlines do not include weekends or public holidays. An e-mail message will automatically be sent to the CLIENT upon shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.

Delivery time & costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping options for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of such costs shall be payable by the CLIENT in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the SITE.

Terms of DELIVERY

The parcel will be given to the CUSTOMER against signature and on presentation of an identity document. In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to go and collect his parcel in his post office.

Delivery problems

The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering process, before confirming the order. It is specified that the deliveries will be carried out under thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time, and in the event of non-delivery within this period, he may terminate the contract. SELLER will refund, without undue delay after receipt of the termination letter, to CUSTOMER the total amount paid for the PRODUCTS, including taxes and shipping charges, by the same method of payment used by CUSTOMER to purchase the PRODUCTS. The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
0
    0
    Your cart
    Your cart is emptyBack to shop