General Terms and Conditions of Sale

1. Scope of Application

These General Terms and Conditions of Sale (“GTC”) and Conditions of Carriage (“CC”) form the basis of negotiation between the Parties. Their purpose is to define the conditions under which AEROVISION, a limited liability company with a capital of 45,734.71 euros, operating at 34 chemin de la Speck 68000 COLMAR, registered with the COLMAR Trade and Companies Register under number 343 495 776 (the “Company”), provides its Clients (the “Client” or “Clients”) who request them with air transport services via aircraft (the “Services”).

The GTC are expressly accepted by the Client, who declares and acknowledges having full knowledge of them. They apply automatically, without restriction or reservation, to all sales and Services. These GTC prevail over any document originating from the Client, particularly their general terms and conditions of purchase. The CC, integrated into the Ticket (“Nominal Boarding Ticket and Information Documents”), are transmitted by the Client to the Passengers so that they can review them.

2. Terms of Sale and Delivery

2.1. Purchase of the Service

A Service can be purchased online (https://www.aerovision.aero) or by downloading a form online and then sending it by post, accompanied by payment, to the Company at AEROVISION 34 chemin de la Speck, 68000 COLMAR.

Any order entry is simultaneously summarized before the client is invited to confirm their order. The Client provides the delivery details and payment method. They are invited to “Pay for their order”.

The order is considered effective when the relevant payment centers have given their approval. It is automatically registered and becomes firm and final.

In case of refusal by said centers, the order is automatically canceled.

The Company confirms receipt of the order to the Client by email. This confirmation specifies the order number, its total amount including all taxes, the chosen payment method, and the delivery details. The information provided by the Client when placing the order is binding, particularly in the event of a Client error in the wording of their details, resulting in the loss of Tickets or delay in delivery. The Company’s automatic registration systems are considered, on the one hand, as proof of the nature, content, and date of the Client’s order, and on the other hand, as confirmation of the Company’s receipt of the order.

Information relating to any transaction carried out will be stored and archived by the Company and will serve as proof in case of dispute with the client, in accordance with the law of March 13, 2000, on electronic signatures and evidence. They will have probative force in case of dispute between the Parties and will be retained by the Company.

In all cases, the online provision of a credit card number and the submission of the order will constitute proof of the entire order, signature, and express acceptance of all transactions carried out on the site.

2.2 Ticket Delivery

After order validation, the Company sends Tickets to the address provided by the Client. A provisional ticket is sent by email upon order validation. The information documents and final Tickets are sent by post within 2 working days following validation, without guarantee of delivery time.

2.3. Booking the Service

Tickets allow for booking a flight date, chosen by the Passenger, subject to availability and possible postponements in case of non-takeoff due to weather, safety, or air traffic regulations.
This booking can be made by phone or via our website.

The flight date booking is confirmed by SMS to the Passenger considered as the main passenger. If they have not received this confirmation, the Passenger is required to inform the Company.

The day before the flight, the Company confirms, by SMS and email, the feasibility of the flight (depending on the weather) and confirms the time and meeting point.

3. Prices and Payment Terms

The Services are governed by the prices in effect on the day of purchase, the GTC, and French regulations, which are deemed to be an integral part thereof. Prices are indicated as “All Taxes Included”. They include VAT of 10% (air transport of passengers) or 20% (other services). Prices are net and without discount, excluding any potential bank charges, which are borne by the Client.

Payment can be made by credit card, check, or bank transfer.

4. Termination, Withdrawal, Transfer

As the Company operates a passenger transport activity, the Client does not have a right of withdrawal, in accordance with the provisions of article L221-2, I, 9° of the Consumer Code.

However, the Company grants a 10-day withdrawal period, starting from the purchase date. The Client contacts the Company to express their wish to cancel and returns, by registered mail with acknowledgment of receipt, the documents received at their own expense. Upon receipt, the refund, reduced by an amount of €15 per Ticket, will be processed within a maximum of 30 days, by bank transfer or credit card.

The Company authorizes the transfer of a Ticket to a third party, subject to the Ticket’s validity and after informing the Company.

5. Insurance and Limitations

Our services are covered by insurance contracts:

• Air insurance. The Company’s liability is subject to the provisions of Regulation (EC) No 889/2002 of May 13, 2002, concerning the Liability of Air Carriers in the Event of Accidents, as well as the terms of the Warsaw Convention. The insurance includes a Civil Liability coverage limit per Passenger and does not cover cases of intentional injury.
  Passengers’ personal belongings (glasses, phones, cameras, etc.) or damage to clothing are not covered.
• Ground operations are covered by ground insurance or vehicle insurance during transfers.

Passengers are free to take out additional insurance.

6. Flight Framework

Flights are carried out under an Air Transport approval from the French Civil Aviation Authority. For a group whose size exceeds the Company’s boarding capacity, Passengers may be boarded on an aircraft belonging to another company that also holds a national Air Carrier approval. The Company provides the Passenger with the name of the service provider the day before the flight.

7. Validity, Postponement

Any Passenger boarding an aircraft must be in possession of a valid Ticket or an operating contract (for groups).

The Ticket is valid for two years from its issue date. After the validity date, the Ticket is considered used.

The Ticket is automatically extended by one year if the Passenger has experienced at least 2 flight date cancellations due to weather conditions within the last year of the Ticket’s validity.

7.1. Postponement at Passengers’ Request – No-show for Flight

The postponement of a scheduled flight date, at the Passengers’ initiative, must be reported at least 4 working days before the chosen flight date.

In case of late postponement of a scheduled flight date or no-show at the flight’s meeting place and time, the Ticket is considered used.

7.2. Postponement at the Company’s Request

In case of conditions incompatible with safety, regulations, or its approval, the Company may be required to postpone the flight. This postponement can occur up to takeoff. The Company cannot be held responsible for expenses incurred by passengers (travel, accommodation, etc.).

8. Boarding Conditions

Hot air ballooning is a sporting activity, subject to boarding conditions. The Company is not qualified to assess a Passenger’s medical fitness. Passengers are required to inquire with their doctor about their fitness to fly.

For safety reasons, the Company prohibits flights for:

• Persons under 7 years old or under 1.40m tall
• Pregnant women
• Persons with a medical contraindication
• Persons with an unstabilized sprain/fracture/dislocation or who have undergone recent surgery

Each passenger must meet the following limitations:

• Be independent, able-bodied, understand instructions
• Stand for 2 hours
• Climb into a doorless basket, 1.30 m high
• Be able to adopt the landing position (legs and knees bent, back against a wall)
• Hold a handle firmly with 2 hands (to avoid being ejected from the basket upon landing)
• Withstand a potential impact upon landing (equivalent to a 50 cm high jump)
• Children aged 7 to 12 can only board when accompanied by a responsible adult.

Reporting potential fragilities or other limitations:

Passengers are required to report to the Company any fragilities, such as osteoporosis, prostheses (knee or hip), or health- or age-related fragilities (non-exhaustive list), as well as their developments. The Company will verify that it can accommodate the Passenger with a sufficient level of safety and may request any relevant document for the proper execution of the flight or refuse boarding.

In case of an erroneous declaration or failure to declare regarding boarding conditions, the pilot-in-command may refuse the Passenger’s boarding on the day of the flight, and the Ticket will be considered used.

9. Onboard Regulations for Aircraft

The pilot-in-command has authority over all Passengers. They may decide to disembark any person or cargo posing a danger to the conduct or safety of the flight. They may interrupt the flight at any time for safety reasons.

10. Force Majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code, or from exceptional health or climatic hazards beyond the Parties’ control.
The Party observing the event must immediately inform the other Party of its inability to perform its service and justify it to them. The suspension of obligations shall in no case be a cause for liability for non-performance of the obligation in question, nor shall it lead to the payment of damages.

11. Personal Data – GDPR

Personal data collected from the Client and/or Passenger are subject to computer processing by the Company. They are recorded in its Client file and are essential for processing their order. This information and personal data are retained for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable warranties. The data controller is the Company. Access to personal data will be strictly limited to the data controller’s employees, authorized to process them due to their functions.

The collected information may eventually be communicated to third parties contractually linked to the Company for the performance of subcontracted tasks, without the Client’s authorization being necessary.

In the context of performing their services, third parties have only limited access to the data and are obliged to use it in compliance with the provisions of applicable personal data protection legislation.

Except for the cases listed above, the Company refrains from selling, renting, assigning, or giving third parties access to the data without the Client’s prior consent, unless compelled to do so for a legitimate reason.

In accordance with applicable regulations, the Client has the right to access, rectify, erase, and port their data, as well as the right to object to processing for legitimate reasons, rights which they can exercise by contacting the data controller at the postal address AEROVISION, 34, chemin de la Speck 68000 COLMAR. In case of a complaint, the Client can address it to the Company’s data protection officer or to the CNIL.

12. Dispute Resolution, Applicable Law

These GTC, CC, and all sales and Services concluded by the Company are exclusively governed by French law, to the exclusion of any other. They are drafted in French. Should they be translated into one or more languages, only the French text shall be authoritative in case of dispute.

In the event of a dispute where an amicable settlement has not been reached, and after a written complaint to the Company, the Buyer has the option to resort to a conventional mediation procedure. The Company is a member of MC2C 14, rue Saint Jean 75017 PARIS. Mediation form available at www.cm2c.net.

Failing an amicable settlement, all disputes that may arise from this contract, concerning its validity, interpretation, execution, termination, their consequences, and their aftermath, will be submitted to the Colmar court.