GENERAL TERMS AND CONDITIONS FLY2FUN A.S.D.
1.1 These General Conditions of Contract regulate the manner in which Fly2Fun A.S.D. provides the Service to the Passenger and provides the necessary pre-contractual and contractual information to Passengers both with regard to contracts concluded directly with the staff of A.S.D. Fly2Fun and with regard to contracts concluded at a distance and in particular through the website www.tandemparagliding.eu or by phone.
1.2 These General Conditions of Contract have been drawn up in compliance with Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (hereinafter the "Consumer Code") and E-Commerce regulations (Legislative Decree no. 70 of 9 April 2003).
- GENERAL PASSENGER INFORMATION
2.2 The Service provided by Fly2Fun A.S.D. to which these General Conditions of Contract refer consists of a two-seater familiarisation flight in paragliding. You take off with the cable car, the instructor prepares the equipment and after a detailed explanation of how the flight will take place, you take off. The flight lasts a minimum of 15 minutes but usually the average duration is about 25 minutes. This depends almost exclusively on the weather conditions at the time. Once all the altitude has been cleared, you land.
2.3 The use of the Service, for safety reasons, is subject to the unquestionable judgement of Fly2Fun A.S.D. instructor pilots, without prejudice to the rights of Passengers deriving from these general conditions of contract.
2.4 For the same security reasons, the use of the Service is also subject to certain weight limitations. In the absence of different indications by Fly2Fun A.S.D. on the website and/or in other information communications on site, the following limitations apply: minimum weight 30 kg, maximum weight 100 kg for men and 90 kg for women. If there are different indications by Fly2Fun A.S.D., the prescriptions established from time to time will apply.
2.5 Bookings by minors will not be accepted. For the minor Passenger, reservations must be made by parental authority operators or other persons of legal age and will only be accepted if the minor uses the Service accompanied by at least one of the parents, or provides the necessary documentation proving authorisation by the parent or other person authorised to use the unaccompanied Service.
2.6 The Service provided by Fly2Fun A.S.D. is an activity that can generate strong emotions and is therefore not recommended to all those who do not enjoy excellent health. In particular, Fly2Fun A.S.D. can not be held responsible for any damage directly or indirectly resulting from participation in the Service by people who have prejudicial health conditions and/or have suffered or are currently suffering from cardiovascular and neurological disorders and / or diseases such as, by way of example only, heart and vascular diseases and/or malformations, circulation disorders, internal bleeding of any kind, brain strokes - in addition to traumatic or post-traumatic conditions of the locomotor system, with particular reference to traumatic or post-traumatic diseases or conditions of the spinal column. The Passenger is required to inform Fly2Fun A.S.D. at the time of making the booking request of any illness or disability, physical or mental, which could preclude the Passenger from using the ticket. No reservation can be accepted for passengers whose physical or mental condition is such as to make their participation in the Service impossible or dangerous for themselves or others, or who require treatment or assistance that is impossible to ensure on site. Failure to communicate the above will result in the cancellation of the flight with the loss of the fee paid.
2.7 Individuals with physical disabilities previously notified, as required in point 2.6, may use the activity and services issued by Fly2Fun A.S.D. after the unquestionable assessment of the staff of Fly2Fun A.S.D.
2.8 Fly2Fun A.S.D. does not accept bookings from persons who will be pregnant on the date of the flight. Fly2Fun A.S.D. cannot, in any way, be held responsible for any event occurring during or after the flight and arising out of or in any way related to pregnancy not declared.
2.9 The contractor must arrive at the agreed time at the meeting point. If the passenger is more than 30 minutes late than the scheduled appointment by e-mail or telephone, the flight will be cancelled and the fee paid will not be refunded. All this in order to allow subsequent Passengers to enjoy the service without delays caused by third parties.
- MODIFICATION/CANCELLATION OF THE SERVICE
3.1 The Pilot may, depending on weather and safety conditions, cancel or postpone the flight to another time or date. In case of flight cancellation or postponement at a time not suitable for the passenger, the passenger has the right to recover the cancelled flight during the whole season as well as during the following season, or to the refund of the fee paid for the use of the Service. In any case, the passenger will be notified by email 30 days before the end of the season, so the passenger will be informed that his or her right to use the flight is about to expire. In fact, Fly2Fun A.S.D. Pilots reserve the right, at their sole discretion, to change the timetables and the way the Service is provided, if due to force majeure, such as adverse weather conditions (rain or strong wind) and/or environmental situations and/or conditions of the facilities that do not allow the Service to be performed safely, even for limited periods of time during the day. In such case, the Passenger will have the right to reschedule the date and time of the Service and the content of the same according to the availability of the moment by following the instructions that will be provided via e-mail by Fly2Fun A.S.D. In any case, Fly2 Fun A.S.D. will not be obliged to reimburse any travel expenses, transport, accommodation etc. etc. that the Passenger may have already incurred in relation to the provision of the Service subject to cancellation or modification.
3.2 If after the provision of part of the agreed Service, the remaining part of the Service contemplated in the contract, could not be provided even in the absence of force majeure, Fly2Fun A.S.D., will provide, at no extra charge, a means of transport from take-off for the return to the place of departure.
3.3 If the Passenger wishes to change the date and time of the flight already purchased, it will be possible to make the change under the following conditions: that the request for change is received by Fly2Fun A.S.D., in the manner established from time to time by the latter, no later than 48 hours before the provision of the service.
3.4. If the Passenger is 30 minutes later than the scheduled appointment by e-mail or telephone, the flight will be cancelled and the fee paid will not be refunded. All this in order to allow subsequent Passengers to enjoy the service without delays caused by third parties.
4.OBLIGATIONS OF THE PASSENGER
4.1 The Passenger must behave in such a way as not to compromise the safety and enjoyment of the Service by other Passengers. The Passenger/Passenger must comply with the rules of normal prudence and diligence, as well as with all instructions given by Fly2Fun A.S.D. pilots and its staff.
4.2. It is forbidden for the Passenger to use the Service carrying goods, live animals, weapons, ammunition, explosives, flammable, toxic or dangerous substances, as well as audio/video devices without the consent of Fly2Fun A.S.D. In any case it is strictly forbidden to carry during the flight any object not provided by the organization that is held in the hand by the Passenger or applied by the same to the equipment provided; Fly2Fun A.S.D. reserves the right to admit such objects at its complete and unquestionable discretion.
4.3 The Passenger will be liable for all damages that Fly2Fun A.S.D. may suffer due to the breach of the above mentioned obligations. In particular, the Passenger will be liable for all damages caused to the structures, furnishings and equipment, for damages caused to other passengers and third parties, as well as for all fines, penalties and expenses to which Fly2Fun A.S.D. is subject by the competent Authorities.
4.4 The Passenger is required to provide Fly2Fun A.S.D. with all information necessary to enable it to fulfil its safety obligations, in particular with regard to the requirements set out in points 2.4 to 2.8.
4.5 The Passenger shall comply with the instructions issued from time to time by Fly2Fun A.S.D. regarding timetables, in particular as provided for in relation to the presentation time. In this regard, please refer to art. 3.5.
4.6 At the moment of the meeting, the Passenger will have to fill in the forms made available by Fly2Fun A.S.D. with his/her personal data (name, surname and e-mail address) and hand them over to the staff when requested. The form will contain a reference to these conditions and other indications of Fly2Fun A.S.D. regarding the correct use of the Service.
4.7 The Passenger must arrive at the meeting in possession of the necessary clothing to use the service in maximum safety. Sneakers or high-necked hiking boots are mandatory. Fly2Fun A.S.D. reserves the right not to admit the Passenger to the service if they are not in possession of the appropriate clothing.
- FLY2FUN A.S.D. AND STAFF RESPONSIBILITIES
5.1 Fly2Fun A.S.D. and the Pilots will be exempt from liability when the damage is caused by the Passenger (including initiatives taken independently by the Passenger during the performance of services related or connected to the Service) or by a third party unrelated to the provision of services under the contract, by accident, force majeure, including adverse weather conditions, or circumstances that Fly2Fun A.S.D. could not, according to professional diligence, reasonably foresee or resolve.
- VIDEO AND PHOTOGRAPHIC MATERIAL
6.1 Fly2Fun A.S.D. releases to the Passenger, free of charge, the video and photos of the flight on sd card.
6.2 The photo/cinematographic material will be released to the Passenger who will have the right to authorize or not to authorize, by means of a disclaimer, the diffusion of such material, without profit, through the publication of advertising through social networks, websites, etc.
6.3 In case of malfunction of the photo/film equipment, Fly2Fun A.S.D. is not liable to pay any damages.
- CONCLUSION OF THE CONTRACT
7.1 The Passenger selects the type and quantity of Service they wish to purchase, as well as the date and time from the availability presented.
7.2 Throughout the purchase process, a summary of the Services purchased and the related costs is provided, as well as the possibility of viewing and obtaining a durable copy of these terms and conditions of purchase.
7.3 The Passenger will have the right to decide whether to pay by credit card or similar form of electronic payment in advance or by the person in charge on the day of the provision of the booked service. In case of conclusion of the contract at the Fly2Fun A.S.D. head office, the payment can be made by cash or ATM. All the terms of payment are to be considered essential and therefore failure to pay the full amount agreed upon constitutes a breach such as to determine the termination by right.
7.4. The prices are inclusive of what is expressly indicated in the description of the Service provided and detailed in the order summary shown to the Passenger before confirmation. In particular, the price includes: two-seater flight, material necessary for the flight, ascent by cable car and possible use of an anorak.
7.5 Once the reservation has been received, a confirmation and summary email will be sent to the Passenger containing: the flight ticket with details of the Service purchased, date and time, the contract conditions to be signed within the indicated deadline as well as all detailed information for the success of the activity.
7.6 According to art. 2, paragraph 1, point hh) of D.P.R.21/12/1996 n. 696, Fly2Fun A.S.D. as a sports association, is not subject to the obligation to issue receipts and / or tax receipts, fulfilling the tax obligations under art. 1 law 16/12/1991 n. 398
- RIGHT OF WITHDRAWAL
8.2 Without prejudice to the provisions of art. 3.4 above, Fly2Fun A.S.D. allows the Passenger to change the date indicated for the provision of the Service to another available date up to 48 hours before the performance of the Service.
- METHOD OF COMPLAINT
9.1 The Passenger, under penalty of forfeiture, must report in writing by registered letter, in the form of a complaint, to Fly2Fun A.S.D. any failures in the organization or use of the Service, at the time of their occurrence or, if not immediately recognizable, within seven (7) working days from the date of provision of the Service. Fly2Fun A.S.D. will examine promptly and in good faith the complaints submitted, working, where possible, for a prompt and fair amicable settlement of the same.
- CONFIDENTIALITY OF PERSONAL DATA and INFORMATION PURSUANT TO ARTICLES 13 AND 14 REGULATION (EU) 2016/679 - (European Data Protection Regulation)
10.1. PURPOSE OF DATA PROCESSING. The processing is aimed solely at achieving the institutional/commercial purposes promoted by the same within the limits of the statutory provisions provided for. In case of specific authorization, the video and photographic material provided free of charge by Fly2Fun A.S.D. may be disseminated, without profit, through advertising.
10.2. The processing is carried out by means of the operations or set of operations indicated in Article 4 no. 2) of the GDPR: collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication through transmission, diffusion or any other form of making available, comparison or interconnection, limitation, cancellation or destruction. b. The operations may be carried out with or without the aid of electronic or automated means and, in any case, by means of instruments suitable to guarantee the security and confidentiality of the data through the adoption of the security measures prescribed by the GDPR. c. The processing is carried out by the data controller and/or data processors.
10.3. The provision of common personal data is strictly necessary for the performance of the activities referred to in point 10.1. The consent for the use of the data for the purposes referred to in point 10.1 (b) is, instead, optional.
10.4. Any refusal by the data subject to provide personal data in the case referred to in point 10.3 would make it impossible to carry out the activities referred to in point 10.1 (a). Any refusal to process the data for the purposes referred to in point 10.1. (b), on the other hand, will have no effect on the contract.
10.5. Personal data may come to the knowledge of the data processors and may be communicated for the purposes indicated in point 10.1 (a) to external collaborators and, in general, to all those subjects to whom the communication is necessary for the correct fulfilment of the purposes indicated in point 10.1.
10.6. Personal data are not subject to disclosure without the express consent of the data subject.
10.7. Personal data may be transferred to countries within the European Union and to countries outside the European Union for the purposes set out in point 10.1. In any case, this data transfer will be in accordance with Chapter V of GDPR concerning transfers of personal data to third countries or international organisations in order to ensure that the level of protection of individuals guaranteed by GDPR is not affected.
10.8. Art. 13 of GDPR gives the interested party the right to exercise specific rights, including the right to obtain at any time from the data controller confirmation of the existence or otherwise of his/her personal data and to have them made available in an intelligible form; the interested party has the right to know the origin of the data, the purposes and methods of processing, the logic applied to the processing, the identification details of the data controller and the subjects to whom the data may be communicated; the interested party also has the right to obtain the updating, rectification and integration of data, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law; the owner has the right to oppose, for legitimate reasons, the processing of data. The data subject also has the right to revoke his/her consent to the processing of his/her personal data and the right to lodge a complaint with a supervisory authority.
10.9. DATA CONTROLLER. The data controller is Fun2Fun A.S.D. with registered office in via Cesare Battisti, 34 Ghedi (BS).
- PLACE OF JURISDICTION
11.1 These General Conditions of Contract are governed by Italian law.
11.2 All disputes arising from these General Conditions of Contract, including those relating to validity, interpretation, execution and termination, will be assigned to the exclusive jurisdiction of the Court of the Passenger if located in the territory of the Italian State.