GENERAL TERMS AND CONDITIONS OF PURCHASE - CAP ULM (Centre Air Passion)
1/ BOOKING AND PAYMENT
The general terms and conditions will apply upon reception of the first payment (advance payments included) or upon the first booking made in www.ulm.nc. The booking becomes then effective. In accordance with article L. 121-20-4 of the French Consumer Code, any invididual that has filled one of our online booking forms or that has booked any of our services does not benefit, in any case, of the fourteen days Withdrawal Right.
1.1 Payment Methods:
For online bookings, credit card is the only form of payment accepted.
For the physical desk selling point at Hôtel de Poé in Bourail, the following forms of payment are accepted: local cheques payable to CAP ULM (in XPF currency only), cash and credit cards.
Note : Your payment assigns you the flight slots chosen at the time of the booking.
The Customer agrees, before any booking payment, to dully fill the requested mandatory information in our website. The Customer certifies the truth and accuracy of the information provided. Once the choice of services and options has been made, the booking process is followed by the credit card data entry, the information verification and the acceptance of the General Terms and Conditions of Purchase, as well as the acceptance of the rates verified before the booking validation and the final booking confirmation by the Customer.
The online booking platform, operated by Ultinow, immediately acknowledges the customer booking by sending a confirmation e-mail. For online reservations, the confirmation e-mail recapitulates the contract offer, the services booked, tariffs, cancellation policy associated to the selected tariffs (previously accepted by the Customer), the date of the booking, all useful information concerning the Customer Service, as well as the seller's physical address to which the client can submit any possible claims.
When booking via our website, operated by Ultinow, the amonunt of certain services is to be paid upon filling the online booking form, regardless of the order date and the day the service will take place. For certain types of services, a unique online payment will be requested. The tariffs are indicated in the "Price" section of the website. In those cases, the order will be paid online or could be paid, by cash or local cheque, on the date of the service booked.
Booking more than 30 days before the flight/ service: Upon completing the booking order, there is a down payment, which amount is indicated in booking order form. The amount shall be paid, at the latest, 7 days prior the flight/ service.
Booking less than 7 days before the flight/ service: The total amount of the flight/ service must be paid, in order to schedule and block the time slots for the client.
2/ VOLUNTARY CHANGES REQUESTED BY THE CLIENT
2.1 Postponement requests:
The Client may request a change of date for the flight departure, depending on CAP ULM's availability. The postponement request must be done, at the latest, 2 days before the flight date booked and by e-mail, telephone or Facebook Messenger, in order to get a confirmation of receipt.
Should the change of date not be possible, the cancellation terms and conditions (communicated at the time of the booking) shall apply in full force and effect.
2.2 Cancellation Policy:
In the event of bad weather conditions the day of the flight and only by decision of CAP ULM, the flight may be cancelled. It will be then rescheduled according CAP ULM's and the client's availabilities.
If possible, you will be informed by phone of any cancellations the day before the flight or at the airfield the day of the flight (in case of sudden bad weather).
Flight postponements will be scheduled according to your availability.
If you request a cancellation and postponement of your flight, you must send the request during business hours as soon as possible or the day before the flight, at the latest. If these requirements are met, no further charges will be applied.
Cancellation and postponement requests will only be taken into consideration in force majeure events, in which the flight/s can not be rescheduled.
All cancellation requests must be done by any means permitting an acknowledgment of receipt. Preferably by E-Mail to the address email@example.com and including your booking reference number.
In all cancellation cases, CAP ULM will apply cancellation fees over the total amount of the service booked (all tax included). Different fees will apply depending of the date when the cancellation has been requested. The Cancellation Policy is as follows:
- 5% fees if cancellation is requested 8 days before the flight.
- 30% fees if cancellation is requested 2 to 7 days before the flight.
- 100% fees if cancellation is requested the day before the flight.
Note: Cancellation requests for flights generated by our e-Gift Vouchers will imply a minimum of 20% cancellation fees of the total amount of the service (all tax included).
We will only make a refund to the person who paid for the ticket. The amount will be credited within 5 to 7 days and only to the credit card used for the online payment.
2.3 Flight changes or modifications:
Any change of dates or on any of our flight services must be requested 7 days before the flight, at the latest, and by any means permitting an acknowledgment of receipt. All modification request done less than 7 days before the flight will be considered as a booking cancellation and our above-mentionned Cancellation Policy shall apply in full force and effect.
CAP ULM is discharged from the obligation to refund any amenity or service refused by the Customer during the flight.
2.4 Changes during the flight:
Should you request an itineraty change, it can only be applied upon agreement by CAP ULM. In those cases, additional fees shall be paid.
2.5 Service Contract transfered to third parties:
Should any of our flight service contract be transferred or assigned to a third party, the Customer is in the obligation to inform CAP ULM 7 days before the flight, at the latest, and by any means permitting an acknowledgment of receipt.
2.6 Flight interruptions:
All flights interrupted or ended by demand of the Customer (due to healthy reasons or other) do not entitle to any kind of refund by CAP ULM for the services not provided. Any additional fees previously paid will not be refunded. Should a medical repatriation may accur, the flight or services not used shall not be refunded.
3/ BOOKING CHANGES MADE BY CAP ULM
• Insufficient number of customers: If the minimum number of 4 customers is not met, flight services may be cancelled the day of departure, at latest. In those cases, the Customer will be informed by e-mail or by telephone. The Customer will be able to choose between a full refund of the effective value of the booking or a flight rescheduling for a service with the same value amount. The Customer is not entitled to any compensatory payment.
• In the event of extreme bad weather phenomena: Only the CAP ULM pilot assigned for the flight can decide whether to fly or not. In those cases, the Customer is informed as soon as possible, on site, by E-Mail or by telephone. The Customer will be able to choose between a flight rescheduling according to the availabity of both parties or a full refund of the booking's effective value. The Customer is not entitled to any compensatory payment. The assignment of the flight service agreement to a third party may be considered.
• In force majeure events (any circumstances beyond the reasonable control of both parties affecting the flight service agreement such as: wars, political unrest, strikes, riots, extreme weather phenomena, natural disasters, etc.).
Only the CAP ULM pilot assigned for the flight can decide whether to fly or not, should the safety of the passengers be compromised due to extreme weather phenomena. Should the Customer request a rescheduling or cancellation of the flight service, our above-mentionned Cancellation Policy shall apply in full force and effect (paragraph 2.1).
3.2 Changes before departure
Before departure, an itinerary, programme or boarding location may be modified due to weather conditions. All details are dully mentionned in the online booking form, on the website and on the online booking platform. The pilote assigned for the flight service may modify the itinerary, at any time, in order to provide the Customer the best possible flight conditions depending on the aerology of the departure date. Should the Customer request a flight cancellation, a 100% cancellation fee shall apply on the booking's effective value.
3.3 Changes during the flight
Due to safety and security reasons or organisational causes linked to bad weather conditions at the moment of the flight, or due to the number of participants, itineraries and flight programs may undergo modifications. In those instances, only the pilote assigned for the flight service is empowered to make any necessary decisions without previous notice. CAP ULM may bear then any additional costs incurred or refund (except in force majeure events) the price difference between the flight services planned and the actual ones provided.
3.4 Flight interruptions:
A flight might be interrupted by the pilot in charge due to justified reasons (due to safety and secutiry, fuel level, weather conditions). In that case, except in force majeure events, CAP ULM shall refund the price difference between the flight services planned and the actual ones provided.
4.1 Civil Liability
SARL CAP ULM ( Centre Air Passion), as well as its aircrafts and pilotes have a Professional Liability insurance issued by licensed insurance companies. Nevertheless, these common civil liabilities do not substitute the individual civil liability that each flight participant must have.
4.3 External events not liable to CAP ULM
CAP ULM shall not be liable for the partial or total non-execution of the flight services planned due to external events for which the company is not responsible including, but not limited to:
– incidents attributable to the Customer (delay, no show, location error on the meeting point, threatening behaviour, etc)
– incidents attributable to a third party,
– In force majeure events (any circumstances beyond the reasonable control of both parties affecting the flight service agreement such as: wars, political unrest, strikes, riots, extreme weather phenomena, natural disasters, etc.).
4.4 Safety rules
All flight services that take place abord an aircraft and in airflied platforms (in the air and on the ground) shall have a remarkable individual conduct and full respect for the safety and security checkpoints specified in the booking confirmation E-Mail. CAP ULM pilots equally remind to all passengers each checkpoint before departure. CAP ULM is not liable for individual misbehaviour from one or more passengers as well as their companions. CAP ULM is entitled to exclude, at any time, one or more passengers which reckless behaviour could endanger the group's safety and wellbeing. In that event, the incriminated participant will not be entitled to any kind of compensation.
4.5 Prerequisites and technical skills
Each individual registered within a flight booking shall confirm not to have any medical contraindications to perform the flight activity and equally corroborates to be in good physical condition, as well as having the necessary technical skills for the corresponding flight service. CAP ULM shall not be liable for any individual's physical condition issues during the flight service.
CAP ULM accepts children on-board provided that their age and physical health allow to perform the flight service under normal cirsumstances. The child must be fully aware and willing to effectuate the flight. Children must, at all times and except at the time of the flight, be accompanied by at least one parent or any other person authorised for their custody. We recommend parents to invite children to fly from 7 years on.
4.7 Transport and accommodation before and after the flight
In the event of any flight changes or cancellations due to the above-mentionned reasons, CAP ULM is not liable for any amount loss regarding transport or accommodation expenses the Customer may have booked to travel to the meeting location for the flight departure and/ or to return home after the flight service. CAP ULM strongly recommends the Customer to choose transport and accommodation services that allow modifications and refunds.
5.1 Equipment provided by CAP ULM
The equipment provided by CAP ULM is listed in the technical data sheet and in the online booking form of the respective flight service. It is trusted to the Customer, who shall be responsible for it during the flight. Any material damages shall lead to equipment replacement or reparation fees. For this reason, we strongly advise the Customer to check that his/her individual Civil Liability insurance covers any possible damages incurred during a flight. Customers are free to use their personal equipment and shall not be entitled to any price reduction or compensation for it by CAP ULM.
5.2 The Customer's equipment
The equipment the Customer should prepare for the flight service is listed in the flight's technical data sheet. Before the meeting at the airfield, all personal objects and equipment must be checked: safety, comfort and the smooth running of the flight might depend on them. The Customer shall be the only one responsible for his/her own material such as, but not limited to, cameras or mobiles phones, etc. It is strongly recommended to take a hand or wrist strap for image capturing, in order to avoid any accidental material loss during the flight. Should a Customer's material get lost during the flight, he/ she shall be the only one liable for it. CAP ULM shall not be liable for any loss of any nature and shall not be entitled to provide the Customer any kind of compensation.
6.1 Tariffs and payment
All tariffs of CAP ULM's flight services are only comprised of the transport, lending or renting the necessary equipment for the respective flights.
Most of the flight programs are clearly defined with their tariffs, as well as their resultant additional expenses, which are specified in the online booking forms. Flight packages with accommodation, food & beverage and occasionally with transport are directly invoiced by the service provider or may be subject to a common fund advanced and managed by CAP ULM. The Customer should carefully read the technical data sheet of the flight service chosen to be informed about the details regarding the material provided by CAP ULM and the personal equipment he/ she should take to the flight.
CAP ULM's tariffs have been calculated to be as fair as possible regarding the economic situation known at the time of the tariff sheet edition. The mentionned prices shall apply from the first date of issuing until their next edition date. They have no contractual value and are provided to the client at the time of the online booking. They may be subject to modifications, which will apply to the customers that have already booked and those willing to book. All promotions and reductions shall not be cumulative nor retroactive.
The company has chosen ultinow.com/stripe.com as its secure online payment platform for credit card payments. The credit card's expiration date is verified by stripe.com. There may be a card's refusal due to the following reasons: stolen card, blocked card, threshold reached, typing errors, etc. In the event of a credit card payment problem, the Customer shall contact the issuing bank as well as CAP ULM, in order to confirm the booking and payment method. In the case of bookings subject to online prepayments, the amount paid in advance (or diposit), shall be debited at the moment of the booking.
6.2 Additional fees for small groups:
To avoid cancellation due to insufficient number of participants (paragraph 3.1), CAP ULM may propose a departure with a small group adding additional fees or specific conditions to the booking. The Customer is entitled to accept or refuse them. In the event of refusal, CAP ULM shall refund the total amount of the paid booking. If on the day of departure the group reaches the minimum participant number required, the additional fees become undue. They will be refunded or not requested to the Customer.
7/ RESPECT FOR PRIVATE LIFE
The respect for private life is a matter which lies at the heart of our online booking platform concerns. For all online filling forms requesting personal data, the Customer in dully informed of the mandatory or optional nature of answers by an asterisk (*). The information provided shall be uniquely managed by CAP ULM and the online payment service providers. The personal data shall not be transmitted to third paties. For online payments, the customer bank details shall be transmitted by the online payment platform Stripe.com to CAP ULM's bank entity, in order to secure the booking contract. Thus, the Customer shall be informed that the data transfer may be done in foreign countries which do not have an appropiate personal data protection policy, according to the Information Technology and Data Protection law. Nevertheless, the Customer accepts the necessary data transfer for the completion of the online booking.
Ultinow SAS / Stripe.com have officially informed CAP ULM of their commitment to take all necessary security measures for the confidentiality respect of all personal data contained in the above-mentionned data transfers. Online information requests and online bookings are treating electronically. According to the provisions of the law 78-17 from January 6th 1978, the Customer is liable to access and update any nominative information by postal letter to the following address: SARL CAP ULM RCS Nouméa 2010 B 008 705 (2010 B 335) - RIDET 1008705.001 – Headquarter's address: 10, Rue Bichat, Quartier Latin, BP5066, 98867 NOUMEA CEDEX - New Caledonia.
The Customer shall submit all complaints concerning the flight service by a registered letter with acknowledgement of receipt to the following physical address: SARL "Centre Air Passion" - RCS Nouméa 2010 B 008 705 (2010 B 335) - RIDET 1008705.001. Headquarter's address: BP 5065 - 98847 - NOUMEA - New Caledonia - Affiliation Fédérale FFPLUM n° 98815. Complaints shall be sent, at the latest, 1 month after the flight service, containing all justifying documents.
Subject to the gravity of the complaint, all contestations shall be the exclusif responsibility of the Court of Nouméa.