These Terms and Conditions of Sale are current as of February 1, 2019
1. IDENTIFICATION - PREAMBLE
These General Conditions of Sale (hereinafter ''CGV'') are offered by Adrénaline Parapente, SAS Adrénaline Company, registered in the Annecy Trade and Companies Register under number 948 614 284 whose head office is located at 39 chemin de Pré Monteux (hereinafter, the “Adrenaline Company”). His non-premium rate telephone number is 06.59.48.07.37, his email address is adrenaline@annecy-parapente.fr.
Adrénaline Company is the owner and publisher of the website www.annecy-parapente.fr (hereinafter the “Site”).
The Site offers the Client (hereinafter “the Client”) the reservation of paragliding flights or the purchase of gift vouchers for paragliding flights (hereinafter, the “Services”).
Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the Services on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses.
2. APPLICATION AND ENFORCEMENT OF THE CGV
The purpose of these General Terms and Conditions is to define all the conditions under which Adrénaline Company markets the Services as offered for sale or reservation on the Site to Customers. They therefore apply to any reservation or purchase of a gift voucher (“Order”) by the Customer.
The Customer declares to have read and accepted these General Terms and Conditions at the time of booking on this site or purchasing gift vouchers on the site www.cap-cadeau.com.
Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.
Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against Adrénaline Company regardless of the time at which it may have been brought to its attention.
The fact that Adrénaline Company does not avail itself at a given time of any provision of these General Conditions of Sale cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions of Sale.
3. ORDERING SERVICES ON THE SITE
The different flights offered for sale are described and presented with the greatest possible accuracy.
Adrénaline Company reserves the right to correct the content of the Site at any time, in particular by updating Services that are temporarily unavailable or new items in the catalog.
The Customer selects the Service(s) he wishes to reserve or for which he wishes to purchase a gift voucher. The Customer can access the summary of their Order at any time.
The purchase of an order voucher is done according to the system set up by cap-cadeau.
The Client guarantees that he is an adult capable of contracting.
4. ORDER PRICE AND PAYMENT TERMS
The prices are mentioned on the Site in the descriptions of the Services, in euros and all taxes included.
If purchasing a gift voucher, the Customer follows the process indicated on the cap-cadeau website and makes payment. The T&Cs of the gift cap service must be accepted by the Customer.
In the event of a reservation without purchasing a gift voucher, payment is made on site on the day the flight takes place. Payment on site is made in euros, cash, check, ANCV check or bank card.
Full payment must be made on the day of the Order by the Customer in the case of purchasing a gift voucher, or in full on the day of the flight in the case of a simple reservation on the Site. When a reservation is made on the Site, a deposit is requested. The deposit will be made by bank imprint on the day of reservation. The account will not be debited. The amount of the deposit is 70€. This deposit will only be cashed in the event of cancellation less than 24 hours before the day of the flight.
Adrénaline Company reserves the right to suspend or cancel any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to Adrénaline Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. VALIDITY DURATION OF THE GIFT VOUCHER
The validity period of a gift voucher is one (1) year from the date of purchase.
“Discovery or child flight” flights can be booked at any time of the year.
Conversely, for reasons linked to aerology, other flights (ascents, sensations, prestige, aperitif, hike.) can only be reserved depending on the weather and accessibility to the takeoff site. and schedule availability.
The validity period of all gift vouchers cannot under any circumstances give rise to extension whatever the reason for the absence of the flight linked to the voucher (injury, illness, weather, etc.).
6. USE OF A GIFT VOUCHER
The “Adrenaline Paragliding” gift vouchers are numbered. They are not nominative, which allows the person holding them to benefit a third person.
7. BOOKING A FLIGHT
In order to make a flight, the Customer or the user of a Gift Voucher must book online or by calling 06.59.48.07.37.
It is strongly recommended not to book the day before for the next day due to the high level of attendance.
Adrénaline parapente is open every day, 7 days a week (except weather and unsuitable conditions as indicated in the following article) including weekends and public holidays.
8. CANCELLATION OF THE FLIGHT
The Customer is informed that the reserved flight may be canceled by Adrénaline Company, including at the last moment, for reasons external to Adrénaline Parapente.
The flight can therefore be canceled for:
Reasons relating to the safety of the passenger and their pilot,
Unfavorable weather and aerology (rain, storm, strong wind, poorly oriented wind at takeoff, etc.),
Too much snow at takeoff,
site closed by the authorities,
site closed by NOTAM,
exceptional closure (staff strike, technical problem, technical breakdown, etc.),
last minute absence of an instructor due to force majeure (illness, injury, etc.).
The flight may be postponed, the Customer having to reserve another date. In the case of a reservation using a Gift Voucher, postponement is only possible within the validity period of the Gift Voucher.
Under no circumstances can the flight be refunded if the cancellation results from one of the reasons listed above.
Cancellation by the Customer less than 24 hours before the flight and not justified by one of the reasons listed above will result in the flight being billed and the deposit paid at the time of booking or the Gift Voucher being collected.
9. OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to respect the terms of these General Terms and Conditions.
The Client undertakes to use the Site in accordance with the instructions of Adrénaline Company.
The Customer agrees to refrain from:
To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions,
To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site,
To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, reduces the quality of or interferes with the performance or deteriorates the functionality of the Site,
To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site,
To infringe the intellectual property rights of Adrénaline Company,
To denigrate the Site and/or the Services as well as Adrénaline Company on social networks and any other means of communication.
The Customer is solely responsible for the information he indicates when placing the Order. Under no circumstances can Adrénaline Company be held liable if the information communicated by the Customer is erroneous or incomplete.
If, for any reason, Adrénaline Company considers that the Customer does not comply with these General Terms and Conditions, Adrénaline Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action. against him.
It is strongly recommended that the Client have insurance in the event of injury during the service. For information, each instructor has insurance for the exercise of his professional activity as well as for the carriage of his passenger.
During the service, the Client must be courteous to the instructor and other people who have booked a flight. The Client undertakes to respect all safety measures in order not to put his life or that of his instructor in danger. A safety briefing will be carried out by each instructor before takeoff. This briefing must be strictly respected by the Client.
The instructor is the sole decision-maker on whether or not to carry out the flight. Under no circumstances can the Client question the decision of the instructor, who controls the aerological conditions.
10. COMPANY RESPONSIBILITY
Adrénaline Company implements all measures to ensure that the Customer is provided, under optimal conditions, with quality Service(s).
Adrénaline Company cannot be held responsible for any inconvenience linked to external elements, such as the weather.
It cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or in a case of force majeure. More generally, if Adrénaline Company were to be held liable, it could under no circumstances agree to compensate the Customer for indirect damage.
The Site may contain links to other sites not published or controlled by Adrénaline Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement, by Adrénaline Company, of these sites and these elements nor of their contents.
Adrénaline Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, the Service(s) and other information published on these websites.
11.PERSONAL DATA
Adrenaline Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the provision of the Service(s), Adrenaline Company collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Name
- Postal address and billing address
- Country
Adrenaline Company collects and processes Customers' personal data for the following purposes:
Provision of the Service(s) on the Site;
Order management ;
Payment, invoicing…;
Information about Adrénaline Company, the Services, and the activities of Adrénaline Company;
Response to possible questions/complaints from Customers;
Management of requests for access, rectification and opposition rights;
Management of unpaid debts and disputes.
The photos taken during the service are subject to image rights and therefore to the consent of the Client. Adrénaline Company does not keep any trace of its photos without the written consent of the Client.
Data relating to the management of Customers' personal data are kept for the legal retention period of commercial contracts.
Customers' personal data is processed by the Adrénaline Company sales department as well as by Adrénaline Company's partner companies and subcontractors.
In the event of ordering gift vouchers, Adrénaline Company Cap-cadeau is jointly responsible for processing during collection for the purpose of booking the order. It is up to Cap-cadeau to communicate to the Client its confidentiality policy and to inform the Client of all the processing it carries out on its own behalf with the Client's data.
Adrenaline Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
Adrenaline Company ensures that Customers' personal data is adequately and appropriately secured and has taken appropriate precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
Customer Obligations
Customers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate;
Customers undertake not to infringe the privacy, image or protection of personal data of any third party and thus not to communicate to Adrénaline Company the data of third parties without their consent.
The legal basis of the processing carried out by Adrénaline Company is contractual, formalized by these General Terms and Conditions which the Customer must accept. When the Order is placed on behalf of a third party, the legal basis for processing the personal data of this third party is legitimate interest.
The Customer is informed that he can exercise, in accordance with the provisions of law 78-17 of January 6, 1978 as amended, his rights of access, rectification, deletion, request the limitation of the processing and the portability of his data in contacting Adrenaline Company by telephone or e-mail. The Customer can also determine the fate of his data after his death. The Customer may, if necessary, take recourse to the internal control authority, the CNIL in France.
12. SECURITY
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Adrénaline Company information system. The Client may also not harm or hinder the Adrénaline Company information system. Failing this, Adrenaline Company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.
13. INTELLECTUAL PROPERTY
All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of Adrenaline Company. All of these rights are reserved for the entire world.
The name and brand Adrénaline Parapente, the logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of Adrénaline Company
No title or right whatsoever to any element of the Site will be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work using them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site.
Adrénaline Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, brands and distinct signs belonging to Adrénaline Company is strictly prohibited except in the event of express and prior agreement from Adrénaline Company.
14. PROOF CONVENTION
The Customer's "clicks" made for acceptance of these general conditions of sale, but also for the order and payment of gift vouchers constitute acceptance of the contract.
The computerized records kept in Adrenaline Company's computer systems will be kept in reasonable security conditions and considered as proof of communications, orders and payments between the parties.
The archiving of orders and invoices is carried out on a reliable and durable medium which can be used as proof.
15.APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.
In the event of a dispute likely to arise during the interpretation and/or execution of these Terms or in relation to these General Terms and Conditions, and the Customer is a consumer, the latter may decide to submit the dispute with Adrenaline Company to a conventional mediation procedure or any other alternative method of dispute resolution.
The Customer may in particular contact xxx, to which Adrenaline Company is a member.
The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://ec.europa. eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.