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GENERAL TERMS AND CONDITIONS
Updated on 3 june 2024
ONLINE STORE
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 e-commerce site https://www.airetaventure. com (hereinafter “the Site”) between Air et Aventure, a société par actions simplifiée (simplified joint stock company) with a single shareholder and a share capital of 10,000 euros, registered in the Grenoble Trade and Companies Register under number 419 505 904, with VAT number : FR51419505904, whose registered office is located at 283 chemin des longs près 38660 Lumbin - France (hereinafter referred to as “Air et Aventure”) and the end consumer wishing to acquire the products marketed on the website (hereinafter referred to as the “Products”) for his or her personal or professional needs, it being understood that in the case of a professional activity, the latter must not be directly or indirectly related to an intermediary or reseller activity (hereinafter referred to as the “Customer”).
Air et Aventure and the Customer are jointly referred to as the “Parties”.
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 personal or professional needs, as defined above. The Customer confirms that he/she will not resell the Products for commercial purposes.
2. Acceptance of the general terms and conditions of sale
Placing an order on the Site implies full acceptance of these terms and conditions, which can be accessed at any time on the Site. The Site is hosted by the company OVH SAS with capital of €10,174,560 / RCS Lille Métropole 424 761 419 00045 / Code APE 2620Z / N° TVA : FR 22 424 761 419 /Siège social : 2 rue Kellermann - 59100 Roubaix - France / OVH SAS is a subsidiary of the company OVH Groupe SA, a company registered with the RCS of Lille under number 537 407 926 and located at 2, rue Kellermann, 59100 Roubaix.
Air et Aventure invites you to print out and keep a copy of these terms and conditions for future reference.
The terms and conditions applicable to the order are those in force on the date the order is placed. Air et Aventure reserves the right to modify these terms and conditions at any time. These modifications are published online and are deemed to have been accepted without reservation when the Customer accesses the Site after they have been published online. In the event that any clause of these GTC should become null and void as a result of a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with these GTC, nor call into question the validity of the other provisions, which shall continue to apply.
3. Products
3.1 Product characteristics and information
Prior to placing an order, the Customer may consult the Site for the essential characteristics of the Products he/she wishes to order, presented in each of the Product sheets. The Customer is solely responsible for the choice and purchase of a Product.
It is the Customer's responsibility to refer to the description of each Product in order to know its properties and essential particularities. The information on the Site is as accurate as possible. However, photographs and other reproductions of items are indicative only and have no contractual value.
3.2. Product availability
Our offers of Products and prices are valid for as long as they are visible on the Site, except in the case of special operations, the period of validity of which is specified on the Site. Air et Aventure invites the Customer to consult the availability of the Products sold on the information page for each Product.
Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several customers.
In the event of an order for a single Product that proves to be unavailable, Air et Aventure reserves the right to cancel the order, subject to notifying the Customer.
In the case of an order for several Products, should one of the Products prove to be unavailable, Air et Aventure will inform the Customer of the impossibility of sending the unavailable Product. The remainder of the order will be processed and dispatched to the Customer within the timeframe announced by the Customer's order tracking email. The Customer may also choose to cancel the entire order, subject to informing Air et Aventure in advance by telephone or e-mail.
In order to ensure a better quality of service and availability of Products to all Site Customers, Air et Aventure reserves the right to limit the quantity of Products that may be purchased by the Customer, in accordance with the provisions applicable in this respect and in particular those of Article L. 121-11 of the French Consumer Code.
3.3. VIP Adventurer membership
The VIP Adventurer Card subscription is a 1-year subscription. It is renewable at any time in your Air et Aventure account. It entitles you to numerous benefits. 5% discount on the entire site, with some exceptions*. The list of excluded products may be modified without notice due to changes in the sales conditions of certain suppliers. Receive 1% of the amount of your purchases in the form of cashbacks, which you can convert into vouchers for purchases in the store. Free delivery from €100 for our VIP Adventurer members.
By clicking on the “Become an Adventurer” button, your VIP card is immediately added to your shopping cart. All you have to do is pay for your purchase to enjoy all these advantages. You'll receive an e-mail confirming your payment, and you'll automatically join our list of VIP customers. This offer does not apply to in-store purchases.
In your account, you now have access to your rewards balance in the “My rewards” tab, as well as to the duration of your VIP subscription in the “My subscriptions” tab. You can extend your subscription at any time.
This subscription is intended for people located in Metropolitan France, Monaco, Germany, Belgium, Luxembourg or the Netherlands.
4. Order
To be able to place an order for Products, the Customer must complete the following steps:
- Add one or more Products available on the Site to your basket;
- Log in to their customer account or create a customer account on the Site;
- Choose a delivery method;
- Specify their delivery address or check their contact details if they have an account on the Site. When creating an account, the Customer must create a login and password. The Customer must take care to protect his/her password and not divulge it. It is important to note that the Customer is responsible for all purchases made with his/her login and password, even if this is not your fault;
- Choose a payment method;
- Accept the terms and conditions;
- Check order details and, if necessary, return to previous steps to correct any errors;
- If they have chosen to pay by credit card :
Enter their bank details;
Pay for the order by clicking on the “Pay” button. In this respect, the Customer must hold a valid bank card.
The order will be considered finalized when the Customer's payment organization confirms payment.
- If the customer has chosen to pay by bank transfer or cheque: confirm the order by clicking on the “Place order” button.
In this case, the order will be considered finalized when the funds are received in Air et Aventure's bank account. For your information, bank transfers take an average of 4 to 5 working days to be validated on our account. Cheques may take longer to be checked by our bank. However, Air et Aventure undertakes to process the order as soon as we receive the Customer's bank cheque, if the Customer has paid for the order by bank cheque. The Products remain the property of Air et Aventure until full payment has been received.
In the event of prolonged inactivity during connection, the selection of Products chosen prior to this inactivity may no longer be guaranteed. The Customer will be invited to resume his selection of items from the beginning.
The Customer will then receive by e-mail :
- an acknowledgement of receipt confirming the order;
- confirmation of payment for the order;
Air et Aventure reserves the right not to accept an order in the event of non-compliance with the GCS, in the event of errors or anomalies in the order, in the event of a payment incident or suspicion of fraud and/or abuse.
- confirmation that the order has been dispatched.
5. Prices - Payment - Delivery costs
5.1. Prices
Unless otherwise stated, prices displayed on the Site are in euros (€).
Air et Aventure reserves the right to modify prices at any time; Products will in any case be invoiced on the basis of the rates in force at the time the order is placed.
In accordance with the 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.
With regard to sales made for professional purposes, Air et Aventure's operating system does not allow VAT-free sales for companies registered in the European Community and possessing an intra-Community VAT number.
Air et Aventure invites you to follow the following procedure:
- Place your order on the Site by following the process described in Article 4 hereof;
- Indicate your VAT number and billing address in the comments;
- If your delivery address is outside the Schengen area, you will pay the amount of your order excluding VAT;
- Pay the amount of your order including VAT. When validating your order, after checking and validating your VAT number, Air et Aventure will deduct the corresponding French VAT and you will only be debited for the amount excluding VAT;
- Air et Aventure will issue an invoice excluding VAT with your VAT number corresponding to your company name. Air et Aventure will issue its invoice in the name and address you provide in the invoice box; it must correspond to the name on the professional document supplied.
Should one or more taxes or contributions be modified, or should new taxes or contributions be introduced, this change may be reflected in the sale price of the Products. No tax or contribution not foreseen at the time of the order may be subsequently requested from the Customer.
The prices invoiced are those in force on the date of the order. The Customer is informed that prices are subject to change. 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 product is placed in the shopping basket.
The amount of the shipping costs for delivery of the Products will be automatically displayed on the Site at the time of validation of the shipping method (DHL standard or express) chosen by the Customer, and will be communicated to the Customer again when the order is confirmed by e-mail. The payment requested from the Customer corresponds to the total amount of the purchase, including delivery charges.
Confirmation of the price paid and delivery charges, in the form of an invoice in euro (€) currency, is available to the Customer on his personal account accessible from the Site.
Sale dates vary from country to country. The Customer may contact Air et Aventure's Customer Service by e-mail to obtain more information about the sale dates in a particular country.
5.2. Payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, using the following methods:
- by credit card, and the following cards are accepted: Visa, MasterCard, Carte bleue, E-carte bleue, American Express, etc.
To this end, the Customer guarantees Air et Aventure that he/she is the holder of the credit card used and that the name appearing on the credit card to be debited is his/her own. The Customer then provides Air et Aventure, in a secure Internet environment, with the number and expiry date appearing on the front of his/her credit card, as well as the visual cryptogram numbers appearing on the back (or front) of his/her credit card. The Customer will be debited when the order is validated.
- by bank transfer,
- by cheque (cheques must be issued by a bank domiciled in metropolitan France or Monaco and made out to “Air et Aventure”),
- For Quebec, secure payment limited to €150; beyond that, payment by bank transfer validated on our account,
- For countries other than metropolitan France, DROM-COM, Sp armée, Belgium, Luxembourg, Switzerland and Quebec (as described above), only payment by bank transfer or credit card validated on our account will be accepted.
The amount due is the amount indicated on the order confirmation page displayed to the Customer at the time of payment (except as detailed in Article 6.4 hereof).
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the sums due by the Customer proves impossible, the sale will be immediately cancelled and the Internet purchase process cancelled. Air et Aventure may not be held liable in such a case.
Air et Aventure also reserves the right to refuse the Customer any order or to honour a delivery if a previous payment dispute exists.
5.3. 3x, 4x and 6x payment
Our financial partner Alma offers deferred payment solutions for your purchases of goods and/or services, in 3, 4 or 6 instalments by credit card. These payment solutions are reserved for private individuals (over 18) residing in France, holding a Visa or MasterCard bank card with a validity date corresponding to the repayment period. The credit is granted by Alma, a company with a capital of 316,226.83€, RCS Nanterre 839 100 757, ACPR approved under N°90789 - Contact: support@getalma.eu.
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, which means that none of the Customer's banking information is transmitted via the Site.
Despite data encryption, Air et Aventure wishes to point out that no data transmission over the Internet is 100% secure, and that information communicated online may potentially be intercepted and used by persons other than the intended recipient.
6. Delivery
6.1. Place of delivery
Products purchased on the Site are delivered to the delivery address provided by the Customer at the time of ordering. Air et Aventure is able to deliver to any country in the world, once the delivery method and associated costs have been validated by the Customer.
The Customer is informed that Air et Aventure cannot be held responsible in the event of erroneous information being entered by the Customer in his/her delivery address.
The Customer undertakes to provide all information relating to delivery conditions (place, recipient, etc.) when placing the order. This information is binding on the Customer. In the event of an error in the recipient's contact details or other information, Air et Aventure cannot be held responsible for the impossibility of delivering the Products ordered.
6.2. Delivery methods
When validating the order, the Customer may choose between five (5) delivery methods:
- Collection from the Air et Aventure store in Lumbin,
- Colissimo at a local retailer,
- Colissimo at a selected Post Office.
- Colissimo or Lettre Suivie at home or at an address of your choice.
- Chronopost.
Air et Aventure reserves the right to deliver orders by Colissimo without a signature.
For countries other than metropolitan France, DROM-COM, Sp armée, Belgium, Luxembourg and Switzerland, Air et Aventure reserves the right to offer the Customer additional or alternative delivery methods.
6.3. Delivery times
Deliveries are made by carrier within the times indicated on the Site, after your parcel has been prepared and from the date of dispatch. Customers are informed of the dispatch of their order by e-mail.
For information purposes, the average shipping time varies from two (2) to five (5) working days after receipt of your paid order, with a maximum of three (3) weeks.
Please note that if a Product is out of stock, delivery may take longer than 3 weeks. In this case, you will be notified by e-mail or telephone. The status of a Product which is out of stock for more than three (3) weeks will be defined on the Site as “in the process of being restocked”. We invite you to consult us to find out the expected restocking time.
In case of urgency, you can inform us in the comments and we will do our best to deliver as soon as possible.
Unless we have agreed otherwise, in the event of a missing Product, we will only dispatch the Order when all Products are available.
Air et Aventure invites the Customer to regularly check his order status on his customer account.
In accordance with the provisions of article L. 216-2 of the French Consumer Code, in the event of failure to deliver within the specified time, the Customer may cancel the contract by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having enjoined Air et Aventure, in the same manner, to make delivery within a reasonable additional period, the latter has not complied within this period. The sums deducted will be reimbursed.
In the event that Air et Aventure is prevented from meeting its delivery deadlines due to force majeure or an act of God (article 13), or due to an external cause, in particular a fault attributable to the Customer, the delivery deadline is automatically extended by the duration of the impediment. Air et Aventure will inform the Customer by e-mail of the occurrence and end of such impediments. If the impediment lasts for more than one month, the Customer may cancel the order by operation of law, without the Customer being entitled to claim compensation.
6.4. Cost of delivery
The cost of delivery (shipping costs) depends on the delivery option chosen, the destination country and the weight of the Products.
- For all orders of Product(s) weighing less than 2kgs and delivered in mainland France, the French overseas departments and territories (DROM-COM), the French overseas departments and territories (Sp armée), Belgium, Luxembourg or Switzerland: the cost of delivery will be indicated to you before your order is validated;
- For all orders of product(s) over 2kgs and/or delivered to a country other than mainland France, the French overseas departments and territories, the armed forces, Belgium, Luxembourg, Switzerland, the United Kingdom, Austria, Spain, Italy, Poland, Portugal, Sweden, Denmark, Ireland, Slovakia, Estonia, Latvia, Lithuania, Hungary and Slovenia: Air et Aventure will not be able to provide you with the cost of delivery before your order has been confirmed. Air et Aventure therefore invites you to validate your order, which will constitute reservation of your Product(s). Once your order has been validated, Air et Aventure will propose a delivery price for your Product(s) within 48 hours. Upon receipt of this proposal, you will have 48 hours to confirm your acceptance of these delivery costs by email. In the event of acceptance, this will be equivalent to a firm and definitive validation of your order. Air et Aventure will then send you an email summarizing the various payment methods available to you to pay for your order. In the event of refusal of these costs, the reservation will be automatically cancelled and the Product(s) will be put back on sale on the Site.
7. Right of withdrawal
The provisions of this Clause are only applicable to Customers purchasing Products for personal needs (and therefore in no case when purchasing for professional needs).
7.1. Right of withdrawal and withdrawal period
Under the conditions set out in Articles L. 221-18 to L. 221-28 of the French Consumer Code, the Customer has the right to cancel any Products purchased on the Site within fourteen (14) calendar days of receipt of the Products.
In the case of multiple orders (of several Products), the withdrawal period runs from receipt of the last Product.
The Customer must declare his decision to exercise his right of withdrawal before the expiry of the aforementioned period. The Customer may complete and send his declaration of withdrawal either :
- by contacting Air et Aventure Customer Service directly, who will inform you of the procedure to follow.
- The Customer may also send his request on plain paper to the following address Air et Aventure - Service Client - 283 chemin des longs près 38660 Lumbin - France. The Customer may, if he/she so wishes, use the model retraction form available in Appendix I of these GTS.
The Customer will then receive immediate confirmation of his withdrawal by e-mail.
7.2. Procedure for returning Products free of charge
When exercising the right of withdrawal, the Product must be returned in its original packaging, unopened, in perfect condition (not stained, damaged, worn or worn), complete (including its user manual and accessories if applicable) so that it can be marketed as new.
The cost of returning products is entirely at the customer's expense, with the exception of Metropolitan France. Within this geographical area (Metropolitan France), Air et Aventure will assume the return shipping costs.
To do so, the Customer must send a request for a return label to Air et Aventure by email and return the Products to Air et Aventure via its carrier, within a maximum period of 14 days from the Customer's declaration of withdrawal, using said return label.
If the Customer cannot or does not wish to use the pre-printed return label service, he may contact Customer Service who will register the return of the Product. In this case, Air et Aventure advises you to take out the insurance offered by your carrier. Air et Aventure will not be held responsible in the event of loss, wrong address or late delivery of a Product that the Customer wishes to return to the Site, insofar as the risks of transport chosen by the Customer and initiated by the Customer rest solely with the Customer.
Air et Aventure reserves the right to refuse the return of a Product and not to proceed with its reimbursement:
- in the event of non-compliance with the above-mentioned withdrawal procedure;
- in general, if our Customer Service is unable to identify the Customer or the order (order number, return number, contact details, etc.),
- if the Product is not in its original packaging and condition (documents and accessories), in particular if the Product has suffered depreciation due to handling or use, notably due to the risk associated with the fact that these products are often subject to regulations applicable to personal protective equipment.
Safety components such as links, carabiners, helmets, harnesses, rescues, wings or any other PPE will not be taken back.
7.3. Refunds
Reimbursement of the returned Product(s) will be confirmed by email and will be made within a maximum of fourteen (14) calendar days from the date on which Air et Aventure was informed of the Customer's decision to exercise his/her right of withdrawal. However, Air et Aventure reserves the right to defer reimbursement until the date of actual receipt of the Product.
Air et Aventure will refund you using the same payment method you used for the initial transaction:
- If payment was made by credit card, the refund will be made to the same credit card number;
- If payment was made by bank transfer, the refund will be made by bank transfer after receipt of your bank details;
- If payment was made by cheque, reimbursement will be made by cheque to the order you have indicated.
- If payment was made via the Alma module, a 20-euro handling fee will be retained. The funds will be returned directly to the customer's bank account.
In the event that the Customer returns only some of the Products ordered and not all of them, the delivery charges will not be refunded to the Customer. Only the returned Product will be refunded to the Customer.
Air et Aventure reserves the right to refund express delivery at the standard delivery rate.
If the Customer does not use the return label supplied with the order, it will be the Customer's responsibility to return the Products themselves and to retain all proof of return, which presupposes that the Products are returned by registered post or by any other means giving a certain date to this dispatch. In this case, the cost of returning the Products shall be borne by the Customer.
In the event of depreciation of a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, (in particular for Products returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used, Air et Aventure reserves the right to refuse reimbursement or exchange of the damaged Product (unless it is a defective Product) which will be returned to the Customer.
Air et Aventure will not issue a refund if the Products returned by the Customer do not correspond to the Product(s) ordered or if they originate from a source other than the Site.
Air et Aventure will not refund gift cards.
8. Product warranties
In general, all information relating to the use of the Products, and in particular to the safety rules associated with these Products, is contained in the user manual and instructions for use delivered with the Product.
All Products are covered by the legal guarantee of conformity (articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective or non-compliant Products free of charge.
8.1. For Customers purchasing Products for personal use
Products sold by Air et Aventure are subject to the legal warranties set out in articles L. 217-4 to L. 217-14 of the French Consumer Code and articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
Article L. 217-4 of the French Consumer Code:
The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code:
The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
When acting under the legal warranty of conformity, the Customer :
- has a period of two years from delivery of the product to take action against Air et Aventure;
- may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;
- is exempted from proving the existence of the Product's lack of conformity during the 2 years following delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted. The customer is reminded that he/she may decide to invoke the warranty against hidden defects in the item sold, in accordance with article 1641 of the French Civil Code, and that in this case he/she may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
Under the legal warranty of conformity, Air et Aventure undertakes, at the Customer's option :
- either repair the Product ;
- replace the Product with an identical one, subject to stock availability;
However, in accordance with Article L.217-9 of the French Consumer Code, Air et Aventure may not proceed according to the Customer's choice if this choice would result in a manifestly disproportionate cost compared to the other method, taking into account the value of the good or the importance of the defect. Air et Aventure is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
If repair or replacement of the Product is not possible, the Customer may obtain a refund of the price paid and return the Product, or keep the Product and obtain a refund of part of the price, unless the lack of conformity is minor. The return, replacement or reimbursement of the Product will be free of charge for the Customer and does not preclude the possible award of damages in the event that the Customer is entitled thereto.
8.2. For Customers purchasing Products for professional purposes
Air et Aventure guarantees the Customer replacement or reimbursement of non-conforming Products for a period of twenty-four (24) months from delivery. Air et Aventure does not warrant any particular merchantability or any particular use not contemplated in Air et Aventure's technical or sales documentation. All warranties are excluded in the event of use of the product that does not comply with the user guides, the product sheet or the certificate of conformity issued by Air et Aventure, or when the deterioration of the product results from handling, inappropriate storage conditions, or an act of God occurring after delivery. The Customer must prove that the fortuitous event occurred prior to delivery.
The compliance of products with applicable legislation/regulations refers exclusively to the place to which the products are delivered. Air et Aventure does not guarantee their compliance with legislation/regulations applicable to the place for which the Purchaser intends them.
Reimbursement or replacement does not imply any implicit recognition of liability by Air et Aventure.
8.3. For Customers purchasing Products for personal or professional needs
Article 1641 of the French Civil Code:
“The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them.”
Article 1648 paragraph 1 of the French Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article 2232 of the Civil Code:
“The postponement of the starting point, suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose.”
In case of latent defect :
-It is up to the Customer to prove that he meets the warranty conditions.
-The Customer will have the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.
8.4. Warranty exclusions
Defects resulting from :
- use of the Products for purposes other than those for which they were intended,
- failure to comply with the installation and use instructions and maintenance advice for the
- Products
- Deterioration and normal wear and tear of the Products,
- modification of the Products, or impact by twisting, compression, dropping or abnormal impact of the Product.
8.4. Implementation of warranties
Under the terms of the warranties from which the Customer benefits, Air et Aventure undertakes, at the Customer's option, to :
- refund the Product in full
- repair the Product where this is possible and return it to the Customer at the address indicated by the Customer.
The procedure for returning products is set out in article 7.2 of these GCS. The Customer must also specify the alleged non-conformity.
9. Customer Service
In the event of any difficulty arising in connection with the order, the delivery of the Products, the Product warranty or in order to request an amicable settlement, the Customer may contact Customer Service:
- at the following e-mail address: info@airetaventure.com
- by telephone: +33 (0)4 76 92 43 46 Monday to Friday, 09:30 to 12:30 and 13:30 to 17:30
- by post: Air et Aventure - Service Client - 283 chemin des longs près 38660 Lumbin - France
10. Intellectual property rights
All elements reproduced on the Site, including texts, comments, photos, trademarks, logos, illustrations, photographs and images, as well as the Site's underlying technology and architecture, are protected by intellectual property rights. These elements are and remain the exclusive property of Air et Aventure or of the holder of the intellectual property rights concerned, for which Air et Aventure has regularly acquired the exploitation rights.
Any total or partial reproduction of the Site or of any of its elements, by any process whatsoever, on any medium whatsoever, and for any reason whatsoever, including any hypertext link to the Site using framing, deep-linking, in-line linking or any other deep-linking technique, is strictly prohibited and constitutes an infringement punishable by articles L.335-2 et seq. and/or L.716-1 et seq. of the French Intellectual Property Code.
11. Protection of personal data
On the basis of the performance of the sales contract and the legitimate interest of carrying out its activities, Air et Aventure informs the Customer that his/her personal data is collected and processed for the purposes of managing his/her order and, more generally, for the purposes of managing customer relations: account creation, order taking, delivery, delivery tracking, payment, management and tracking of the right of withdrawal, request for exchange or return, after-sales service request.
Information on how we process your personal data is detailed in our Privacy Policy. You can access your personal data at any time, object to its use, rectify it or have it deleted. You also have the right to portability and the right to limit the processing of your data. To exercise these rights, or if you have any questions about the processing of your data as part of our customer relationship, please contact us at info@airetaventure.com or contact Customer Services. If, after having contacted us, you feel that your “Informatique et Libertés” rights have not been respected, you may submit a complaint online to the CNIL.
12. Limitation of liability
Air et Aventure shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of a computer virus, affecting access to or operation of the Site, except in the case of gross negligence or wilful misconduct on our part.
While every effort is made to ensure that the color and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, notably due to the technical limitations of color rendering on the Customer's computer equipment. Consequently, Air et Aventure cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products shown on the Site. If you have any questions about the Products, please contact our Customer Service Department.
The Site may contain links to unedited or uncontrolled third-party sites. Such links are provided solely as a convenience and cannot and should not be construed as an express or implied endorsement of these sites, their content or any products or services offered therein.
13. Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and Article 1218 of the French Civil Code will result in the suspension of Air et Aventure's obligations. Air et Aventure shall not be held liable for such non-performance. If the case of force majeure lasts longer than one (1) month, Air et Aventure may not honour the order, and will reimburse the Customer for any sums paid by the Customer for the order in question.
14. Method of proof
The Parties acknowledge that written documents in electronic form are accepted as proof in the same way as written documents on paper.
For Customers purchasing Products for personal use: in application of article L213-1 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, Air et Aventure retains the written record of the contract concluded between Air et Aventure and a Customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods, and for a period of ten years thereafter (in compliance with decree 2005-137 of February 16, 2005). The Customer may access this document at any time, upon request to Customer Service via the contact form https://www.airetaventure.com/nous-contacter.
15. 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 to his country of residence, where these are more favorable than the provisions of French law.
15.1. For Customers purchasing Products for personal use
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 with CNPM MEDIATION CONSOMMATION (“CNPM”. To submit your dispute to the Mediator, you can (1) fill in the form on the website https://www.cnpm-mediation-consommation.eu/ under the “contact the mediator” tab, or (2) send your request by ordinary or registered post to CNPM MEDIATION CONSOMMATION - 27, avenue de la Libération - 42400 Saint Chamond. Whichever method you use to contact the CNPM, your request must contain the following information in order to be processed rapidly: your postal address, e-mail address and telephone number, as well as the full name and address of Air et Aventure, a brief statement of the facts and proof of any prior steps taken with Air et Aventure.
In the absence of amicable resolution or mediation, the French courts shall have jurisdiction to hear all disputes arising out of or in connection with these General Terms and Conditions of Sale. 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 the place where he/she is domiciled (and provided that this domicile is located in the Delivery Zone).
Since February 15, 2016, the European Commission's online platform for the amicable settlement of disputes has been open to the public. Any consumer who encounters a dispute with a company located on the territory of the Union has the opportunity to file a request for mediation via 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
15.2. For Customers purchasing Products for professional purposes
The parties expressly waive the application of the United Nations Convention on Contracts for the International Sale of Goods and the Unidroit Principles. The Grenoble Commercial Court shall have exclusive jurisdiction to settle any dispute.
APPENDIX 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 Air et Aventure no later than fourteen (14) calendar days after receipt of the Product(s).
The request must be sent via the Site by completing the form accessible in the customer account or by post to the following address: Air et Aventure - Service Client - 283 chemin des longs près 38660 Lumbin - France
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Name(s) and reference(s) of Product(s):
Order number :
Order placed on ___________ /received on ___________
Name of customer placing order :
Address of customer placing order:
Customer's signature (only in case of notification of this form on paper) :
Date :
THE PRODUCTS ARE TO BE RETURNED WITH THE PRE-IMPRIMED LABEL AVAILABLE IN YOUR PACKAGE or to the following address :
Air et Aventure
283 chemin des longs près
38660 Lumbin
France
COURSES AND BAPTISMS
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply, without restriction or reservation, to all sales concluded between Air et Aventure Académie, Syndicat local , registered 892 487 919 at the Lumbin town hall and domiciled at 283 Chemin des longs près- 38660 Lumbin, made up of independent paragliding instructors (hereinafter referred to as “Air et Aventure Académie”) and the end consumer wishing to purchase a paragliding baptism and/or course (hereinafter referred to as the “Services”) for his/her personal needs (hereinafter referred to as the “Customer”).
Air et Aventure and the Customer are jointly referred to as the “Parties”.
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 personal or professional needs, as defined above. The Customer confirms that he/she will not resell the Products for commercial purposes.
2. Acceptance of general sales conditions
The purchase of a Product(s) from one of Air et Aventure's sales outlets implies full acceptance of these terms and conditions of sale, which are available at any time on request from Air et Aventure.
The terms and conditions applicable to the purchase are those in force at the date of purchase.
3. Services
The Customer confirms that, prior to making a purchase, he/she has had the opportunity to acquaint himself/herself with the essential characteristics of the Services he/she wishes to purchase at the Air et Aventure sales outlet. The Customer also confirms that he/she has had the opportunity to obtain advice from an Air et Aventure representative.
The Customer is solely responsible for the decision to purchase and choose a Service.
4. Prices and payment
4.1. Prices
Unless otherwise stated, prices are expressed in euros (€).
In accordance with applicable rules and regulations, all purchases are subject to value-added tax (vat), which will be indicated on the order form or payment receipt.
4.2. Payment
4.2.1. Payment schedule
4.2.1.1. For baptisms and gift vouchers
The price is payable in full on the day of purchase.
4.2.1.2. For courses
The price is payable as follows:
- 33.33% of the course price, at the time the order is placed, as a deposit, and
- the balance of the course price on the last day of the course.
4.2.2. Terms of payment
Payment will be made by the Customer, via secure payment, in accordance with the following terms and conditions:
- by credit card. The following cards are accepted: Visa, MasterCard, Carte bleue. To this end, the Customer guarantees Air et Aventure Académie that he/she is the holder of the credit card used and that the name appearing on the credit card to be debited is his/her own.
- by gift voucher,
- by ANCV, sport coupon, grési-cadeaux or any other means of payment offered on the Site.
5. Gift vouchers
Gift vouchers are valid for twelve (12) months from the date of payment.
They may be used by the beneficiary to pay for all or part of a Service. In this case, the beneficiary will become a Customer who will be subject to the present terms and conditions.
Once the validity period has expired, the Customer will no longer be able to order any Services and all sums paid to Air et Aventure Académie will be forfeited in their entirety.
Air et Aventure Académie 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 said voucher.
6. Performance of Services
6.1. Date and location of Services
The Customer has chosen the date and location of his/her choice from among the dates proposed by Air et Aventure Académie at the time of purchase of the Event.
Air et Aventure Académie reserves the right to modify the date and place of the Event in the event that the weather conditions are unsuitable for the flight. In the event that no location is suitable for the Event, the conditions of Article 6.2.1 will apply.
6.2. Cancellation
6.2.1. Cancellation of Services by Air et Aventure Académie
Paragliding is a free-flight activity. As such, it is subject to meteorological and aerological conditions. The Customer is hereby informed and acknowledges that Air et Aventure Académie may cancel Services up to the last minute:
- in the event of unfavorable weather conditions,
- for safety reasons, at the discretion of a member of Air et Aventure Académie staff,
- due to force majeure, pandemic or government restrictions,
- if the number of participants is insufficient.
In the event of any of these events, Air et Aventure Académie shall not be liable for any losses incurred by the Customer as a result of cancellations beyond its control.
Services cancelled for the above-mentioned reasons will be refunded or rescheduled according to the Customer's availability. In the event of cancellation, the deposit will be refunded with a deduction of 30 euros for administrative costs.
Whenever possible, Air et Aventure Académie will contact the customer / gift voucher beneficiary on the number provided, to inform them of the cancellation of the service or the uncertainty of its provision, following changes in areological conditions.
Air et Aventure Académie cannot be held responsible if the customer/beneficiary contacted by telephone does not reply and/or does not take note of the message left. It is the customer's responsibility to ensure that their contact details are correct.
Air et Aventure Académie reserves the right to cancel in the event of the customer's physical or psychological incapacity for safety reasons. In this case, the refund will be calculated on a pro rata basis for the cancelled duration.
6.2.2. Cancellation of Services by the Customer
6.2.2.1. Provisions applicable to baptisms
In the event of cancellation by the Customer of a Paragliding Experience, the following provisions shall apply ipso jure:
- If cancellation occurs more than 7 working days before the scheduled date of the Event: the amount paid for the experience will be refunded, with a deduction of 10 euros for administration costs;
- If cancellation occurs between 7 and 3 working days before the scheduled date of the Event: 50% of the amount paid for the flight will be retained by Air et Aventure Académie;
- If cancellation occurs less than 3 working days before the scheduled date of the Event: 80% of the amount paid for the experience will be retained by Air et Aventure Académie;
- If the cancellation occurs less than 24 hours before the scheduled date of the Event: 100% of the amount paid for the experience will be retained by Air et Aventure Académie.
However, if the customer cancels a reservation due to serious illness, death or loss of employment, the deposit paid will be refunded, regardless of the period of notice, with a deduction of 30 euros for administrative costs, upon presentation of proof.
Any cancellation by the customer must be notified in writing, including but not limited to e-mail.
6.2.2.2. Provisions applicable to training courses
In the event of cancellation by the Customer of a Paragliding Experience, the following provisions shall apply ipso jure:
- If the cancellation occurs more than 30 working days before the scheduled date of the Event: the deposit will be refunded with a deduction of 10 euros for administration costs;
- If cancellation occurs between 14 and 30 working days before the scheduled date of the Event: 50% of the deposit will be retained by Air et Aventure Académie;
- If cancellation occurs less than 14 days before the scheduled date of the Event: the full amount of the Event is due by the Customer and must be paid by cheque or bank transfer within 48 hours;
- In the event of cancellation during the course, the full amount of the Event will be payable by the Customer.
However, if the Customer cancels a Baptism Service due to serious illness, death or loss of employment, the deposit paid will be refunded, regardless of the period of notice, with a deduction of 30 euros for administrative costs, upon presentation of proof.
Any cancellation by the customer must be notified in writing, including but not limited to e-mail.
6.2.3. Delay for first flight services
In the event of delay by the Customer at the meeting point, Air et Aventure Académie reserves the right to shorten the duration of the flight, depending on the length of the delay, or to cancel the flight if the time remaining before the next meeting is insufficient to complete the Event. In both cases, the full amount of the Event will be due by the Customer to Air et Aventure Académie.
Furthermore, Air et Aventure Académie cannot be held responsible for any delay due to weather conditions or the safety of the passenger or pilot.
7. Customer service
In the event of any difficulty arising from the use of the Products, the wish to activate one of the Product warranties, or in order to request an amicable settlement, the Customer may contact Customer Service:
- at the following e-mail address: info@airetaventure.com
- by telephone: +33 (0)4 76 92 43 46 Monday to Friday, 09:30 to 12:30 and 13:30 to 17:30
- by post: Air et Aventure - Service Client - 283 chemin des longs près 38660 Lumbin - France
8. Protection of personal data
On the basis of the performance of the sales contract and the legitimate interest of carrying out its activities, Air et Aventure informs the Customer that his/her personal data is collected and processed for the purposes of customer relationship management.
Information on how we process your personal data is detailed on our website under the “Privacy Policy” tab. You have the right to access your personal data at any time, to object to its use, to rectify it or to have it deleted. You also have the right to portability and the right to limit the processing of your data. To exercise these rights, or if you have any questions about the processing of your data as part of our customer relationship, please contact us at info@airetaventure.com or contact Customer Services. If, after having contacted us, you feel that your “Informatique et Libertés” rights have not been respected, you may submit a complaint online to the CNIL.
9. Insurance
Air et Aventure Académie's independent instructors are covered by professional liability insurance in France and throughout the world, covering 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 themselves or to third parties, or resulting from an external natural phenomenon.
For courses, it is the responsibility of the Customer(s) to take out individual civil liability insurance for the practice of hang-gliding, without limitation of location or altitude], including assistance, search, rescue and repatriation.
Air et Aventure Académie informs the Customer that he/she has the option of taking out annual or daily insurance, it being understood that it is the Customer's responsibility to ensure that the required guarantees are effectively covered.
10. Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the French Civil Code will result in the suspension of Air et Aventure Académie's obligations. Air et Aventure Académie shall not be held liable for such non-performance. If the case of force majeure lasts longer than one (1) month, Air et Aventure Académie may not honour the order, and will reimburse the Customer for any sums paid by the Customer for the order in question.
11. 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 order no. 2015-1033 and decree no. 2015-1382, any consumer dispute or litigation, subject to article L.612-2 of the French Consumer Code, may be submitted to CNPM MEDIATION CONSOMMATION (“CNPM”) for amicable mediation. To submit your dispute to the Mediator, you can (1) fill in the form on the website https://www.cnpm-mediation-consommation.eu/ under the “contact the mediator” tab, or (2) send your request by ordinary or registered post to CNPM MEDIATION CONSOMMATION - 27, avenue de la Libération - 42400 Saint Chamond. Whichever method you use to contact the CNPM, your request must contain the following information in order to be processed rapidly: your postal address, e-mail address and telephone number, as well as the full name and address of Air et Aventure, a brief statement of the facts and proof of any prior steps taken with Air et Aventure.
In the absence of amicable resolution or mediation, the French courts shall have jurisdiction to hear all disputes arising out of or in connection with these General Terms and Conditions of Sale. 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 the place where he/she is domiciled (and provided that this domicile is located in the Delivery Zone).
Since February 15, 2016, the European Commission's online platform for the amicable settlement of disputes has been open to the public. Any consumer who encounters a dispute with a company located on the territory of the Union has the possibility of filing 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
BOOK AND GLIDE
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply, without restriction or reservation, to all sales concluded via the e-commerce site www.airetaventure. com (hereinafter referred to as “the Site”) between Air et Aventure Académie, a local association of independent paragliding instructors (hereinafter referred to as “Air et Aventure Académie”), registered at 892487919 with the Lumbin town hall and domiciled at 283 Chemin des longs près- 38660 Lumbin, and the end consumer wishing to purchase a paragliding experience on the Site (hereinafter referred to as the “Services”) for his/her personal needs (hereinafter referred to as the “Customer”).
Air et Aventure Académie and the Customer are jointly referred to as the “Parties”.
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 the general terms and conditions of sale
Placing an order on the Site implies full acceptance of these terms and conditions, which may be accessed at any time on the Site. Air et Aventure Académie invites you to print and keep a copy of these terms and conditions for future reference.
The terms and conditions applicable to the order are those in force on the date the order is placed. Air et Aventure Académie reserves the right to modify these terms and conditions at any time. These modifications are published online and are deemed to have been accepted without reservation when the Customer accesses the site after they have been published online. Should any of the clauses of the present GTC be rendered null and void by a change in legislation or regulations, or by a court decision, this shall in no way affect the validity of and compliance with the present GTC, nor call into question the validity of the other provisions, which shall continue to apply.
3. Services
3.1 Paragliding courses
Air et Aventure Académie offers the following three types of courses:
- Paragliding courses, including initiation, progression, improvement and discovery courses;
- Single-surface courses, including introductory and advanced courses;
- Performance courses, including cross-country and mental preparation courses.
Descriptions of these courses and their prices are available at https://www.airetaventure.com/content/9-stages-de-parapente
In order to take part in one of the courses offered by Air et Aventure Académie, the Customer must have a medical certificate declaring him/her fit to practice this discipline, as well as insurance.
3.2. Paragliding baptisms
Air et Aventure Académie also offers first flights in paragliding.
Air et Aventure offers several packages, the terms and conditions of which are detailed at https://www.airetaventure.com/content/10-baptemes-de-parapente.
The Customer will be covered by Air et Aventure Académie's insurance policy during his or her first flight.
4. Control
4.1. Paragliding course
To be able to place an order for a paragliding course, the Customer must complete the following steps:
- Click on “Discover” in the course description;
- Click on “Book your course”. At this stage, the customer will be redirected to the “Book and Glide” website, whose privacy policy can be consulted at the following link: https://bookandglide.com/mentions-legales ;
- Select the date they wish to reserve, indicate the number of courses they wish to purchase and click on “Reserve”. A pop-up window will confirm that the order has been added to the basket. It will be possible for the Customer (i) to add further Services as detailed in this article and in article 4.2 hereof, or (ii) to pay for the course. In the latter case, click on “View my basket” and then on “Order my course”;
- Log in to their customer account or create a customer account on the Site;
- Select the student or enter his/her personal details by clicking on “Create a student”;
- Indicate the equipment owned;
- Choose a payment method;
- Check order details and, if necessary, return to previous steps to correct any errors;
- Accept the terms and conditions;
- If you have chosen to pay by credit card :
o Enter their bank details;
o Pay for the order by clicking on the “Validate” button. In this respect, the Customer must hold a valid bank card.
The order will be considered finalized upon validation of payment by the Customer's payment institution.
- If the Customer has chosen to pay by bank transfer or cheque: validate the order by clicking on the “Confirm my order” button.
In this case, registration will be considered complete when the funds are received in Air et Aventure Académie's bank account. For your information, bank transfers take an average of 4 to 5 working days to be validated on our account. Cheques may take longer to be checked by our bank.
4.2. A paragliding experience
To be able to place an order for a paragliding experience, the customer must complete the following steps:
- Click on the name of the flight you wish to book;
- Click on “Book your flight”. At this stage, the Customer will be redirected to the “Book and Glide” website, whose privacy policy can be consulted at the following link: https://bookandglide.com/mentions-legales ;
- Select the date you wish to book, click on “+” and select the desired tandem in the pop-up window. Then click on “Book” in the top right-hand corner of the booking diary;
- Enter your name, telephone number and e-mail address;
- Choose payment method;
- Indicate whether they wish to use a gift voucher or subscribe to options offered by Air et Aventure Académie;
- Check order details and, if necessary, return to previous steps to correct any errors;
- Enter their bank details;
- Accept the terms and conditions;
- Pay for the order by clicking on the “Validate” button. In this respect, the Customer must hold a valid bank card.
4.3. Gift vouchers
To be able to place an order for gift voucher(s), the Customer must complete the following steps:
- Click on “Offer him a magical moment” ;
- Fill in the personal details of the passenger and the Customer;
- Indicate the Service purchased;
- Choose the payment method;
- Check order details and, if necessary, return to previous steps to correct any errors;
- Accept the General Terms and Conditions;
- If he/she has chosen to pay by credit card :
o Enter their bank details;
o Pay for the order by clicking on the “Validate” button. The Customer must hold a valid bank card.
The order will be considered finalized when the Customer's payment organization validates the payment.
- If the Customer has chosen to pay by bank transfer or cheque: validate the order by clicking on the “Confirm my order” button.
In this case, registration will be considered complete when the funds are received in Air et Aventure Académie's bank account. For your information, bank transfers take an average of 4 to 5 working days to be validated on our account. Cheques may take longer to be checked by our bank.
The gift voucher will be sent to the Customer by e-mail, to the address given at the time of order, automatically in the case of payment by credit card and within a maximum of five (5) working days after receipt of the funds by Air et Aventure Académie, in the case of payment by cheque or bank transfer.
4.4 General information
In the event of prolonged inactivity while logged in, the reservation selected prior to this inactivity may no longer be guaranteed. The customer will be invited to restart the booking from the beginning.
The customer will then receive by e-mail :
- an acknowledgement of receipt of the reservation; and
- a booking confirmation including a payment confirmation.
Air et Aventure Académie reserves the right not to accept a booking in the event of non-compliance with the GTC, in the event of errors or anomalies in the booking, in the event of a payment incident or suspicion of fraud and/or abuse.
5. Prices and payment
5.1. Prices
Unless otherwise stated, prices displayed on the Site are in euros (€).
Air et Aventure Académie reserves the right to modify prices at any time; Services will in any case be invoiced on the basis of the rates in force at the time the order is placed. 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 introduced, 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
5.2.1.1. For paragliding courses
The price is payable as follows:
- 33.33% of the course price, at the time the order is placed, as a deposit, and
- the balance of the course price on the last day of the course.
5.2.1.2. For paragliding baptisms and gift vouchers
The price is payable in full on the day the order is placed by the customer.
5.2.2. Payment terms for courses and baptisms
Payment will be made by the Customer, via secure payment, according to the following methods:
- by credit card, the following cards are accepted: Visa, MasterCard, Carte bleue (American Express cards are not accepted on the Site);
- by gift voucher,
- vacation and sports vouchers, gift vouchers or any other means of payment offered 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 Air et Aventure Académie that he/she is the holder of the credit card used and that the name appearing on the credit card to be debited is his/her own, and communicates in a secure Internet environment the number and expiry date appearing on the front of his/her credit card, as well as the visual cryptogram numbers appearing on the back (or front) of his/her credit card.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the sums due by the Customer proves impossible, the sale will be immediately cancelled and the Internet purchase process cancelled. Air et Aventure Académie may not be held liable in such a case.
Air et Aventure Académie also reserves the right to refuse the Customer any order or to honour a Service if a previous payment dispute exists.
The Customer will be debited when the order is validated.
5.3. Gift vouchers
Air et Aventure Académie offers the purchase of gift vouchers on its Site. They are valid for twelve (12) months from the date of payment.
They may be used by the beneficiary to pay for all or part of a Service. In this case, the beneficiary will become a Customer who will be subject to the present terms and conditions.
Once the validity period has expired, the Customer will no longer be able to order Services and all sums paid to Air et Aventure Académie will be forfeited in their entirety.
Air et Aventure Académie 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 said 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 https://bookandglide.com/ website, which means that no customer banking information is transmitted via the Site.
The Book and Glide website is edited by Mr. Clément Cavaroc, who can be contacted at clement.cavaroc@gmail.com.
The confidentiality charter applied by the Book and Glide site can be consulted at the following link https://bookandglide.com/mentions-legales
Despite data encryption, Air et Aventure Académie wishes to point out that no data transmission over the Internet is 100% secure, and that information communicated online may potentially be intercepted and used by persons other than the intended recipient.
6. Performance of Services
6.1. Date and location of Services
The Customer may choose a date from among those proposed by Air et Aventure Académie at the time of placing the order.
The place where the Event will take place is indicated on the description of the Event that can be consulted on the Site.
Air et Aventure Académie reserves the right to modify the meeting place and the location of the Event in the event of weather conditions that are unsuitable for the flight. In the event that no location is suitable for the Event, the conditions of Article 6.2.1 will apply.
6.2. Cancellation
6.2.1. Cancellation of Services by Air et Aventure Académie
Paragliding is a free-flight activity. As such, it is subject to meteorological and aerological conditions. The Customer is hereby informed and acknowledges that Air et Aventure Académie may cancel Services up to the last minute:
- in the event of unfavorable weather conditions,
- for safety reasons, at the discretion of a member of Air et Aventure Académie staff,
- due to force majeure, pandemic or government restrictions,
- if the number of participants is insufficient.
In the event of any of these events, Air et Aventure Académie shall not be liable for any losses incurred by the Customer as a result of cancellations beyond its control.
Services cancelled for the above-mentioned reasons will be refunded or rescheduled according to the Customer's availability. In the event of cancellation, the deposit will be refunded with a deduction of 30 euros for administrative costs.
Whenever possible, Air et Aventure Académie will contact the customer / gift voucher beneficiary on the number provided, to inform them of the cancellation of the service or the uncertainty of its provision, following changes in areological conditions.
Air et Aventure Académie cannot be held responsible if the customer/beneficiary contacted by telephone does not reply and/or does not take note of the message left. It is the customer's responsibility to ensure that their contact details are correct.
Air et Aventure Académie reserves the right to cancel in the event of the customer's physical or psychological incapacity for safety reasons. In this case, the refund will be calculated on a pro rata basis for the cancelled duration.
6.2.2. Cancellation of Services by the Customer
6.2.2.1. Provisions applicable to baptisms
In the event of cancellation by the Customer of a Paragliding Experience, the following provisions shall apply ipso jure:
- If cancellation occurs more than 7 working days before the scheduled date of the Event: the amount paid for the experience will be refunded, with a deduction of 10 euros for administration costs;
- If cancellation occurs between 7 and 3 working days before the scheduled date of the Event: 50% of the amount paid for the flight will be retained by Air et Aventure Académie;
- If cancellation occurs less than 3 working days before the scheduled date of the Event: 80% of the amount paid for the experience will be retained by Air et Aventure Académie;
- If the cancellation occurs less than 24 hours before the scheduled date of the Event: 100% of the amount paid for the experience will be retained by Air et Aventure Académie.
However, if the customer cancels a reservation due to serious illness, death or loss of employment, the deposit paid will be refunded, regardless of the period of notice, with a deduction of 30 euros for administrative costs, upon presentation of proof.
Any cancellation by the customer must be notified in writing, including but not limited to e-mail.
6.2.2.2. Provisions applicable to training courses
In the event of cancellation by the Customer of a Paragliding Experience, the following provisions shall apply ipso jure:
- If the cancellation occurs more than 30 working days before the scheduled date of the Event: the deposit will be refunded with a deduction of 5 euros for administration costs;
- If cancellation occurs between 14 and 30 working days before the scheduled date of the Event: 50% of the deposit will be retained by Air et Aventure Académie;
- If cancellation occurs less than 14 days before the scheduled date of the Event: the full amount of the Event is due by the Customer and must be paid by cheque or bank transfer within 48 hours;
- In the event of cancellation during the course, the full amount of the Event will be payable by the Customer.
However, if the Customer cancels a Baptism Service due to serious illness, death or loss of employment, the deposit paid will be refunded, regardless of the period of notice, with a deduction of 30 euros for administrative costs, upon presentation of proof.
Any cancellation by the customer must be notified in writing, including but not limited to e-mail.
6.2.3.Delay for first flight servicesIn the event of delay by the Customer at the meeting point, Air et Aventure Académie reserves the right to shorten the duration of the flight, depending on the length of the delay, or to cancel the flight if the time remaining before the next meeting is insufficient to complete the Event.In both cases, the full amount of the Event will be due by the Customer to Air et Aventure Académie.
Furthermore, Air et Aventure Académie cannot be held responsible for any delay due to weather conditions or the safety of the passenger or pilot.
7. Customer service
In the event of any difficulty arising in connection with the order or between the order and the date of completion of the Event, the Customer may contact Customer Service:
- at the following e-mail address: ecole@airetaventure.com
- by telephone: 0476924346- by post: Air et Aventure Académie - Service Client - 283 Chemin des longs prés - 38660 Lumbin - France.
8. Intellectual property rights
All elements reproduced on the Site, including texts, comments, photos, trademarks, logos, illustrations, photographs and images, as well as the Site's underlying technology and architecture, are protected by intellectual property rights. These elements are and remain the exclusive property of Air et Aventure or of the holder of the intellectual property rights concerned, for which Air et Aventure has regularly acquired the exploitation rights.
Any total or partial reproduction of the Site or of any of its elements, by any process whatsoever, on any medium whatsoever, and for any reason whatsoever, including any hypertext link to the Site using framing, deep-linking, in-line linking or any other deep-linking technique, is strictly prohibited and constitutes an infringement punishable by articles L.335-2 et seq. and/or L.716-1 et seq. of the French Intellectual Property Code.
9. Protection of personal data
On the basis of the performance of the sales contract and the legitimate interest of carrying out its activities, Air et Aventure Académie informs the Customer that his/her personal data is collected and processed for the purposes of order management and, more generally, for the purposes of customer relationship management: account creation, order taking, delivery, delivery tracking, payment, management and tracking of the right of retraction, request for exchange or return, after-sales service request.Information on how we process your personal data is detailed in our Privacy Policy.You can access your personal data at any time, object to its use, rectify it or have it deleted. You also have the right to portability and the right to limit the processing of your data.To exercise these rights, or if you have any questions about the processing of your data as part of our customer relationship, please contact us at ecole@airetaventure.com or contact Customer Services. If, after having contacted us, you feel that your “Informatique et Libertés” rights have not been respected, you may submit a complaint online to the CNIL.10. Insurance
Air et Aventure Académie's independent instructors are covered by professional liability insurance in France and throughout the world, covering 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 themselves or to third parties, or resulting from an external natural phenomenon.
For courses, it is the responsibility of the Customer(s) to take out individual civil liability insurance for the practice of hang-gliding, without limitation of location or altitude], including assistance, search, rescue and repatriation.
Air et Aventure Académie informs the Customer that he/she has the option of taking out annual or daily insurance, it being understood that it is the Customer's responsibility to ensure that the required guarantees are effectively covered.
11. Force majeure
The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the French Civil Code will result in the suspension of Air et Aventure Académie's obligations.
Air et Aventure Académie shall not be held liable for such non-performance. If the case of force majeure lasts longer than one (1) month, Air et Aventure Académie may not honour the order, and will reimburse the Customer for any sums paid by the Customer for the order in question.
12. Method of proof
The parties acknowledge that written documents in electronic form are accepted as proof in the same way as written documents on paper.
In application of article L213-1 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, Air et Aventure Académie retains the written document evidencing the contract concluded between Air et Aventure Académie and a customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods, and for a period of ten years thereafter (in compliance with decree 2005-137 of February 16, 2005). The Customer may access this document at any time, on request to Customer Service via the contact form.
13. 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 to 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 order no. 2015-1033 and decree no. 2015-1382, any consumer dispute or litigation, subject to article L.612-2 of the French Consumer Code, may be submitted to CNPM MEDIATION CONSOMMATION (“CNPM”) for amicable mediation. To submit your dispute to the Mediator, you can (1) fill in the form on the website https://www.cnpm-mediation-consommation.eu/ under the “contact the mediator” tab, or (2) send your request by ordinary or registered post to CNPM MEDIATION CONSOMMATION - 27, avenue de la Libération - 42400 Saint Chamond.Whichever method you use to contact the CNPM, your request must contain the following information in order to be processed rapidly: your postal address, e-mail address and telephone number, as well as the full name and address of Air et Aventure, a brief statement of the facts and proof of any prior steps taken with Air et Aventure.
In the absence of amicable resolution or mediation, the French courts shall have jurisdiction to hear all disputes arising out of or in connection with these General Terms and Conditions of Sale. 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 the place where he/she is domiciled (and provided that this domicile is located in the Delivery Zone).
Since February 15, 2016, the European Commission's online platform for the amicable settlement of disputes has been open to the public. Any consumer who encounters a dispute with a company located on the territory of the Union has the possibility of filing 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