Terms and conditions of sale of services

Table of contents:

General terms and conditions of sale of services

Objective

General provisions

Price

Shrinkage

Payment and installments

Gift vouchers

Cancellations

SIV-specific course

Specific courses: Initiation / Progression / Evolution 

Cancellation for baptisms/tandem flights

Flight-specific 

Delays

Complaints and mediation

Disputes

Contract nullity and modification

Personal data protection

Applicable law

Cancellation/retraction form 

General terms and conditions for the sale of services

Espace3D Parapente with a capital of 5000 EUROS, registered with the RCS of Annecy under the number 895 279 404, domiciled at 93 Route de Marceau; 74210 LATHUILE (04 50 05 54 28- info@espace3d.fr) – hereinafter referred to as Espace 3D Parapente

Objective:

The present General Terms and Conditions of Sale apply without restriction or reserve to any purchase of paragliding flights or courses between Espace 3D Parapente and non-professional buyers (“the customer”) wishing to purchase the services offered for sale by  Espace 3D Parapente.

-By placing an order, the customer accepts these General Terms and Conditions (GTC) in their entirety.

General provisions:

-Espace 3D Parapente reserves the right to modify these terms and conditions at any time by publishing a new version on its website.

-The GCS applicable are those in force at the date of payment of the order.

-The customer declares that he/she is legally able to contract under French law or is legally responsible for the person he/she represents.

The information recorded by  Espace 3D Parapente constitutes proof of all transactions.

Price list:

-The price of products sold on the www.espace3d.fr website, or on any material in the store, is indicated in euros.

-Espace 3D Parapente reserves the right to modify its prices at any time. Any new price will replace the old price.

Shrinkage:

-For any purchase on the Internet, the customer has the right to retract without giving any reason, within a period of fourteen (14) days from the date of the order for the purchase of services without a date or deadline determined at the time of purchase (vouchers, gifts, etc.).

-For purchases with a specific date or for which the service has begun before the end of the 14 days, in accordance with the law, the customer has no right of withdrawal.

-The right of withdrawal can be exercised by contacting Espace 3D Parapente as follows:

• Email- info@espace3d.fr, or by phone – 04 50 05 54 28..,
• Opening hours: Monday to Friday, 9.30am to 5pm,
• April 1 to October 31.

-A standard withdrawal form is reproduced at the end of these GTC.

-Reimbursement will be made within 14 days of notification of withdrawal.

P aiement and installments:

-Payment is due immediately by any of the payment methods offered during the order process.

-The reservation of services is only effective on receipt of the deposit. Without the deposit, the reservation is not effective and may be cancelled by Espace 3D Parapente without notice.

Gift vouchers:

-Espace 3D Parapente gift vouchers are valid for 15 months from the date of payment. Beyond this period, Espace 3D Parapente is not obliged to carry out the paid service. All sums paid will be retained in full.

Espace 3D Parapente 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 the gift voucher.

-Espace3D Parapente nevertheless offers to extend the validity of the gift voucher, at an additional cost of 20% of the voucher’s value. A period of 15 months applies from the date of the extension, for an extension subscribed before the initial 15 months of validity.

-The customer/voucher recipient must contact Espace 3D Parapente to arrange an appointment for the service ordered by the customer.

Cancellation:

Cancellation on your part for courses (Initiation/Progression/Evolution)

• If you arrive more than 30 days before your course date, you will receive a full refund of your deposit.
• In less than 14 days, the total amount of your deposit will be cashed. No refunds will be made.
• If you start the course and, for personal reasons, choose not to complete it, you will be charged 100% of the course fee. No refunds will be made.

Cancellation on your part for SIV courses:

Individual registration:

A €30 handling fee will be charged for any delay of more than 30 days before the course.

Within 7 to 30 days, the 50% deposit will be retained. No refunds will be made.

If the delay is less than 7 days, 100% of the course will be invoiced. No refunds will be made.

 Group registration:

In the event of a complete group cancellation :

In the event of a delay of less than 90 days before the course, the 50% deposit will be retained.

A €30 handling fee will be charged for any delay greater than or equal to 90 days before the course.

Three months before the date of the course, the group must be complete and the individual details of each driver filled in. If this is not the case, the course and the price will revert to individual registration.

In the event of cancellation during the day, Espace 3D Parapente will adjust the billing according to the service provided:

1. if a flight is made during the day, 80 euros per person will be charged,
2. if no flight is carried out, but the pilot’s briefing, equipment check and theory lesson take place, 80 euros per person will be charged,
3. If the customer takes off but does not fly, 80 euros will be charged.
4. Any training interrupted by the pilot will be invoiced in full.

Cancellation by Espace3D Parapente for courses

In the event of adverse weather conditions or other events, we may be forced to cancel your paragliding course. In this case, we will notify you the day before your course at the latest.

• Depending on the schedule and your availability, we’ll try to find a later date for your course. If no suitable dates are available, we will refund your booking.
• If fewer than 4 participants sign up for a course, it will not be held. The number of days can also be modified for the same reasons. Deposits will be refunded where applicable, and only validated days will be invoiced.
• Espace 3D Parapente reserves the right to cancel any course during which the customer is physically or psychologically unable to take part. In this case, the refund will be calculated on a pro rata basis for the time cancelled. And/or according to the prejudice suffered by Espace 3D Parapente through the use of medication, narcotics or any other product that may alter the abilities of the client / beneficiary on the course.
• In the event of serious illness, death or loss of employment, the deposit will be returned regardless of the period of notice. 30 euros for administrative costs will be retained upon presentation of proof.
• In the event of injury, whether minor or more serious, such as a sprain or fracture, the refund will be calculated on a pro rata basis for the period cancelled. 30 euros for administrative costs will be retained upon presentation of proof.
• Any cancellation by the customer must be notified in writing, including but not limited to e-mail. 

Cancellation For baptisms/tandem flights

Cancellation on your part for baptisms

If you arrive more than 15 days before your baptism, no fee will be charged. You will be refunded the amount paid or we will propose another date.

If the delay is less than 15 days, no refund will be made.

If your flight is delayed, it will be cancelled and no refund will be made. Please allow plenty of time to reach our reception point. In summer, the lakeside is regularly congested….30 to 70 minutes depending on traffic.

 Cancellation by Espace 3D Parapente for first flights

In the event of bad weather for paragliding, you will be informed in the morning of your appointment.

You will be offered an alternative flight date.

If we are unable to find another slot for your flight, you will be refunded.

Sp ecific to flight 

Paragliding is a free-flight activity. As such, this practice is conditioned by meteorology and aerology. The customer is informed and acknowledges the possibility  for Espace 3D Parapente that, due to unfavorable weather conditions, the flight may be cancelled up to the last minute.

-Espace 3D Parapente reserves the right to cancel the service up to the last minute for safety reasons on the decision of an instructor. from the Espace 3D Parapente team.

-Espace 3D Parapente reserves the right to cancel due to force majeure, pandemic or government restrictions. Espace 3D Parapente is not responsible for any losses incurred by the customer due to cancellations beyond its control.

-Cancelled services not mentioned above will be refunded or rescheduled according to customer availability. In the event of cancellation, the deposit will be refunded with a 30-euro administration fee.

-Espace 3D Parapente will contact the customer/beneficiary of the gift voucher on the number he/she has provided, to inform him/her of the cancellation of the service or the uncertainty of its realization, following changes in the aerology and conditions.

Espace 3D Parapente cannot be held responsible if the customer / beneficiary contacted by telephone does not answer and / or does not take note of the message left. It is the customer’s responsibility to ensure that their contact details are correct.

R etard tandem flight

In the event of a delay at the meeting point by the customer / gift voucher recipient, Espace 3D Parapente 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 rotation is insufficient to carry out the service.

-A delay of more than 10 minutes or a no-show will result in the cancellation of the flight by the customer. In this case, the full amount will be due and the bank imprint will be used for the entire service.

-Espace 3D Parapente cannot be held responsible for any delays due to weather conditions or the safety of the passenger or pilot.

– Espace 3D Parapente reserves the right to cancel the flight at any time.

Delayed course

-Espace 3D Parapente will tolerate customers who are late on the 1st day of the course, 10 to 15 minutes before the start of the week.

-During the week, delays of more than 5 minutes for a departure to another practice site will not be tolerated. The customer/beneficiary will have to pay for the day, but the group will not be penalized.

Complaints and mediation

-If necessary, the customer may file a claim by contacting Espace 3D Parapente at the following address:

• Email- info@espace3d.fr, or by phone – 04 50 05 54 28 
• Opening hours: Monday to Friday, 9.30am to 5pm,
• April 1 to October 31.

-The customer may have recourse to a consumer mediator in accordance with Title I of Book VI of the French Consumer Code. Mediator designated in “Disputes”.

-If the customer’s request to Espace 3D Parapente is unsuccessful, or if there is no response within two months, the customer may submit the dispute to a mediator who will attempt to involve the parties independently in order to reach an amicable solution.

Disputes

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

Referral to the Consumer Ombudsman must be made :
 
–              or by completing the form on the AME CONSO website:  www.mediationconso-ame.com  ;
–              or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS. “

Contract nullity and modification

-Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. 

-Remember: all prices are freely determined by the professionals. But it is compulsory to display the prices of all products and services, so that consumers can take advantage of the competition. ( In stores or online)

Reference texts
Consumer Code – articles: L.112-1-.
L.112-4 and L.221-5 to L.221-7
Decree of December 3, 1987 concerning information for
consumer on prices
Ministerial application circular of July 19
1988
Decree of November 16, 1999 concerning advertising and
to the consumer, unit selling prices
of certain products 

Personal data protection: 

-In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Espace 3D Parapente implements a personal data process that covers the sale and delivery of products and services defined in this contract.

The customer is informed of the following:

Espace 3D Parapente, as indicated at the top of these T&Cs, is the responsible entity,

-processing is carried out on the legal basis of contractual performance,

-The recipients of the data are the data controller, its departments or subcontractors in charge of marketing, IT security, sales, delivery, ordering, payment and any authority legally authorized to access the data in question,

-transfer outside the EU is not planned, but may take place.

-the data will be kept for the duration of the commercial prescription,

-The person concerned has the right to ask Espace 3D Parapente to access, rectify, delete or limit the use of his/her personal data. You also have the right to object to processing and the right to data portability,

-the data subject has the right to lodge a complaint with a supervisory authority,

-Some of the information requested at the time of ordering is essential for invoicing (legal obligation) and delivery of the goods ordered.

-The customer authorizes Espace 3D Parapente to use photos and videos taken during lessons, as well as during tandem flights, at its sole discretion.

-The use of cameras is at the sole discretion of the pilot. Any cameras used must be securely attached and not interfere with flight safety in any way. The instructor therefore reserves the right to add an additional camera to his own equipment.

Once the customer is in possession of the SD card, or the transfer of photos and videos, he will be solely responsible. Any loss due to misuse or misplacement of the card is the sole responsibility of the customer. Espace 3D Parapente does not keep copies of photos and videos and will not compensate the customer for any loss.

Applicable law

-All clauses contained in the present general terms and conditions of sale, as well as all purchase and sale operations referred to herein, are subject to French law and to the competent courts of the jurisdiction of Espace 3D Parapente’s registered office.

Cancellation/retraction form

This form should only be completed and returned if the customer wishes to withdraw from the order placed on the website, or indicate exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable general terms and conditions of sale.

At Espace 3D Parapente

I hereby give notice of termination of the contract for the services listed below:

Order date: ……………………………………………………………………….

Order number: ……………………………………….. 

Date of course / tandem flight: ……………………………………………………………………….

………………………………………….. ..

Customer/beneficiary name: ……………………………………….. ………………………………………….. ..

Customer/beneficiary address: ……………………………………….. ………………………………………….. ..

Customer’s signature (only if this form is sent on paper)s