General terms and conditions of sale

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (the «GTCS») apply, without restriction or reservation, to all purchases of the following services:

Theoretical and practical private and professional aeronautical training. As offered by the Provider to customers on the www.fly-provence.aero website. The main characteristics of the services are presented on the https://www.fly-provence.aero website. It is the Customer's responsibility to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. These GCS are accessible at all times and shall prevail over any other document.

The Customer declares that he/she has read these GTC and accepted them by ticking the appropriate box when registering. In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions entered into with the Customer.

The Service Provider's contact details are as follows:

FLY-PROVENCE, SAS
Share capital of 1000 euros
Registered with the RCS of Aix en Provence, under number 879 554 129
1070 rue lieutenant Parayre, 13290 Aix en Provence
mail: information@fly-provence.net
Telephone: 0622630859

Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely liable for any such charges.

ARTICLE 2 - Prices

The Services are provided at the rates in force at the time the order is registered by the Service Provider.
Prices are given in Euros, exclusive of tax and inclusive of VAT, and take account of any discounts granted by the Service Provider.
These fares are firm and non-revisable during their period of validity, with the exception of fuel and landing taxes, but the Service Provider reserves the right, outside the period of validity, to change the prices at any time.
Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and sent to the Customer when the Services ordered are provided.
Certain orders may be subject to a previously accepted quotation. Quotations drawn up by the Service Provider are valid for 1 month after they are drawn up.

ARTICLE 3 - Orders

It is the Customer's responsibility to :
● select the course you wish to order
● check the accuracy of the order
● report any errors immediately.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Customers can track the progress of their order on the site.

ARTICLE 4 - Terms of payment

The price is paid by secure payment as follows:
● payment by credit card
● or payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed)

The price is payable according to the following conditions and schedule:
● A deposit with the order
● 50% of the balance in the middle of the course
● 50% of the balance before the final exam.

In the event of late payment and payment of sums due by the Customer beyond the deadlines set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount (including tax) of the purchase price shown on the said invoice, will be automatically and by operation of law payable to the Service Provider, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer in this respect.

In addition, the Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Customer in the event of non-compliance with the payment terms set out above.

Payments made by the Customer will not be considered final until the Service Provider has actually received the sums due.

The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the Service Provider in full in accordance with the above conditions.

ARTICLE 5 - Provision of Services

The Service Provider undertakes to use its best endeavours to provide the Services ordered by the Customer, on a best endeavours basis and within a reasonable time.

If the Services ordered have not been supplied within 30 days of the indicative supply date, for any reason other than force majeure or the fault of the Customer, the sale of the Services may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a specific additional invoice at a later date.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.

The Customer will have a period of 30 days from the provision of the Services in which to submit complaints by recorded delivery mail, with all the relevant supporting documents, to the Service Provider.

No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.

The Service Provider will reimburse or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.

ARTICLE 6 - Right of withdrawal

The right of withdrawal may be exercised using the attached withdrawal form or any other unambiguous statement expressing the wish to withdraw, in particular by post addressed to the Service Provider at the postal or e-mail address given in ARTICLE 1 of these GTC.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed.

The sums actually paid by the Customer will be reimbursed within 14 days of the date of payment.
receipt by the Service Provider of notification of the Customer's withdrawal.

ARTICLE 7 - Liability of the Service Provider - Guarantees

The Service Provider will refund or rectify or have rectified (where possible) the services deemed defective as soon as possible.

The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by the Customer.

The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law.

The Services provided by the Service Provider comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.

ARTICLE 8 - Personal data

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the service contract.

1. Collection of personal data
The following personal data are collected:
● Full name, postal address, telephone number and e-mail address.

2. Payment
As part of the payment for the Services, the latter records financial data relating to the Customer's/user's bank account or credit card.

3. Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees. The data controller is the Service Provider, within the meaning of the French Data Protection Act and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.

4. Limitation of treatment
Unless the Customer expressly agrees, his or her personal data will not be used for advertising or marketing purposes.

5. Data retention period
The Service Provider retains the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

6. Security and confidentiality
The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

7. Implementation of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers have the following rights:
○ They can update or delete their data in the following ways: Request by post.
○ They may delete their account by writing to the e-mail address indicated in article 9.3 «Data controller».»
○ They may exercise their right of access to the personal data concerning them by writing to the address indicated in article 9.3 «Data controller».»
○ If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 «Data controller».»
○ They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 «Data controller».»
○ They may also request the portability of data held by the Service Provider to another service provider
○ Finally, they may object to the processing of their data by the Service Provider

These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above. The data controller must respond within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he or she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which they agree to receive informative and advertising emails from the Service Provider. They may withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual property

The content of the https://fly-provence.aero website and the documentation are the property of the Seller and its partners and are protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 - Applicable law - Language

These General Terms and Conditions and any transactions arising from them are governed by and subject to French law.

These GTC are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 11 - Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTC.

The Customer is hereby informed that, in the event of a dispute, he or she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

ANNEX I
WITHDRAWAL FORM
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order, except in the following cases
or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the attention of SAS, FLY-PROVENCE
1070 rue lieutenant Parayre, 13290 Aix en Provence
I hereby give notice of my withdrawal from the contract for the provision of the following service:
○ Ordered on (indicate date)
○ Order number: ...........................................................
○ Customer name: ...........................................................................
○ Customer address: .......................................................................
Customer's signature