General conditions

These general conditions govern the relations between:

1. SKYDIVING PROMOTION SRL (BE 0443.797.764), whose registered office is at 4900 SPA, Route de la Sauvenière, 122 - Belgium

hereinafter referred to as "FLYIN LIEGE"

AND

1. Its customers, potential customers and any participant in the activities organized by. 

ARTICLE 01 - CONTRACTUAL FIELD – VERSION

1. Are an integral part of these general conditions:

• The FLYIN LIEGE privacy policy as specified in article 13;
• The internal regulations of FLYIN LIEGE as specified in article 14.

2. These general conditions apply from 01/10/2019. Any previous version is abrogated except for the contractual relations entered into before this date. Any later version supersedes these conditions except with regard to contractual relationships concluded before the entry into force of these new conditions.

ARTICLE 02 - LEGAL AND CONTACT DATA OF FLYIN LIEGE

1. FLYIN LIEGE is the trade name of the company with limited responsibilities under Belgian law.

2. It is registered with the “Banque Carrefour des Entreprises” and the VAT administration under number (BE) 0443.797.764

3. Its registered office is at 4900 SPA, Route de la Sauvenière, 122 - Belgium.

4. Its main corporate name is the operation of amusement parks, leisure establishments, tourist circuits, the organization of events and the acquisition of equity interests in all companies. Any related or ancillary activity is also part of its corporate name.

5. FLYIN LIEGE can be reached by telephone via the number +32 (0) 4 222 99 22.

ARTICLE 03 – SUBJECT

1. FLYIN LIEGE organizes and offers its customers participation in vertical wind tunnel flights compensating for the force of Earth's attraction and simulating a state of free fall. It is referred to below under the name "VOL".

2. A FLIGHT is carried out at the discretion of a specially trained and licensed instructor, under their supervision or accompanied by them. A technical team can participate in the FLIGHT for safety reasons.

ARTICLE 04 - CONDITIONS OF PARTICIPATION IN A FLIGHT

1. Any participant in a FLIGHT must in particular meet the conditions listed below. They are not exhaustive and any condition similar to one of these conditions may constitute a cause for refusal to participate in the FLIGHT, without reimbursement.
2. Prior to the purchase, the customer ensures that these conditions are met. Prior to the FLIGHT, the participant does the same by signing for agreement a document containing them which will be presented to him by the staff of FLYIN LIEGE. He can ask for a copy.
3. Participation in a THEFT is prohibited in the absence of:

• Be at least four years old. Children under 8 must be accompanied on FLYIN LIEGE premises by a parent or an adult with parental authority. Parental authorization must be presented by minors unaccompanied by their parents; an adult must accompany them.

To present:

• Good health and general physical constitution. Strong muscles are not required. Being overweight and obese can prevent participation.
• A normal abdominal strap. Hernias, weaknesses and damage to the abdominal wall can prevent participation. Surgery performed on the abdomen must be at least three months prior to participation.
• Good blood circulation. Interventions on the large vessels and on the arterial circulation of the lower limbs may prevent participation. Any history of cardiovascular disease should be carefully examined cardiologically.
• A healthy and functioning respiratory system. Any sign of tuberculosis can prevent participation. All cases of asthma and emphysema should be screened for the lungs.
• A healthy digestive system, and in any case not likely to fail during the FLIGHT.
• A healthy brain and skull. Any history of trauma, damage to the brain or the skull may preclude participation.
• A healthy skeleton. Any condition of the spine, pelvis and limbs may prevent participation.

4. In case of doubt about his physical capacities, the participant is invited to consult a doctor. In the event of doubt as to the physical capacity of an individual brought to participate in a FLIGHT, FLYIN LIEGE reserves the right to refuse his participation and no refund will be made. A detailed medical certificate can be presented but does not guarantee that the refusal will be lifted.

5. Participation in a FLIGHT is also prohibited in the event of:

• Exaggerated emotionality, neuropathic state, character disorder, personality abnormality;
• State of intoxication, even minimal alcoholic impregnation, drug or other intoxication, influence of any substance altering behavior;
• Pregnancy;
• Non-compliance with the internal rules of FLYIN LIEGE;
• Disrespect towards the personnel or the material of FLYIN LIEGE or any other participant or person present;
• Refusal on the part of the parent or other adult caring for a child under 8 participating in a FLIGHT to accompany him, equipped with earplugs, into the airlock of the blower to keep watch compliance with instructions;
• Refusal to comply with the instructions of FLYIN LIEGE personnel.

6. Failure to comply with a condition may result in refusal to participate. In this case, no refund will be made.

7. FLYIN LIEGE declines all responsibility in the event of an accident related to non-compliance with one of the conditions for participation in the FLIGHT and reserves the right to take action against the participant for any damage caused in particular to his equipment or his staff.

ARTICLE 05 - PACKS – PRICES

1. Several formulas, hereinafter referred to as “PACKS”, are offered by FLYIN LIEGE to its (potential) customers. PACKS may in particular include all or part of the following services:

• A briefing and a FLIGHT preparation phase;
• Equipment rental (suit, helmet, goggles);
• One or more FLIGHTS;
• An increased speed of the wind tunnel, a FLIGHT in height;
• A copy (in digital format) of / certain photos and / or videos taken by FLYIN LIEGE during a FLIGHT;
• Food and / or drink;
• One night in a hotel with breakfast;

2. Options may be offered in addition to a PACK. In particular, it may be:

• A copy (in digital format) of / certain photos and / or videos taken by FLYIN LIEGE during a FLIGHT;

3. The PACKS and their compositions are presented on the FLYIN LIEGE website as specified in article 12. A personalized PACK can also be created by mutual agreement between FLYIN LIEGE and a customer.

4. The price corresponding to a PACK is indicated on the aforementioned website when it is presented to the Internet user, during the reservation phase as well as during the payment phase. The price of an option appears as soon as it is offered, either during the booking phase of a PACK, and during the payment phase. The price of a PACK designed by mutual agreement between FLYIN LIEGE and its client is indicated to it when it is created.

5. Special conditions such as presentation of the participant's student card prior to the FLIGHT may apply to either PACK. Failure to comply with these conditions may result in an increase in the price up to a PACK without special conditions or a refusal to participate without refund.

ARTICLE 06 - FLYIN OR ANOTHER GIFT VOUCHER

1. A customer can choose to buy a FLYIN LIEGE gift voucher and give it to a person of his choice. He then selects a PACK on the FLYIN LIEGE website as defined in article 12 and clicks on the "Offer" or equivalent button.

2. Its selection is temporarily saved. A pop-up window inviting the customer to go to the part of the website that is specific to him and entitled "Basket", "My basket" or equivalent may appear. The selection is deleted if the customer does not make the corresponding payment before leaving the website.

3. Once the payment steps as specified in Article 8 have been completed, the customer will receive by email the gift voucher which he can send to the person of his choice.

4. The person holding a FLYIN LIEGE or other gift voucher, in order to be able to enjoy it, must make a reservation in accordance with Article 7.

5. A gift voucher is valid for 6 months after ordering.

6. The unauthorized multiplication or creation of gift vouchers is liable to prosecution. By forged gift voucher, FLYIN LIEGE may claim, without prejudice to other damages, the amount of the price of the corresponding PACK increased by 10%.

ARTICLE 07 – RESERVATION

1. The reservation of a PACK is made either at the premises of FLYIN LIEGE, or by telephone, or via the FLYIN LIEGE website as specified in article 12.
2. In the latter case, the following steps must be completed by the (potential) customer to validly reserve a PACK on the day and at the time that suits him:

• If the customer does not have a gift voucher as defined in article 12:
• Select a PACK and click on the “I reserve” or equivalent button, bringing up a new web page;
• On this new page or in the pop-up window that appears, indicate the number of people for whom the selected PACK must be reserved;
• Select a desired date and time;
• Click on the “I reserve” or equivalent button to confirm the reservation.

3. Once these steps have been taken, a temporary reservation is recorded on the aforementioned website. A pop-up window inviting the customer to go to the part of the website that is specific to him and entitled "Basket", "My basket" or equivalent may appear. The reservation is deleted if the customer does not make the corresponding payment before leaving the website.

• If the customer has a gift voucher as defined in article 6:
• Enter the code of the gift voucher in the corresponding field on the aforementioned website;
• On this new page or in the pop-up window that appears, indicate the number of people for whom the selected PACK must be reserved;
• Select a desired date and time;
• Create your account by entering the required information;
• Click on the “I reserve” or equivalent button to confirm the reservation.

4. FLYIN LIEGE does not guarantee the realization of any FLIGHT, the provision of any PACK, in the absence of a valid reservation.
5. If the crowd is too large or if the capacity to perform FLIGHTS is insufficient on the day and / or at the time reserved, the participant may have to wait a while. In the same circumstances, FLYIN LIEGE may postpone the completion of a PACK to a new day and time agreed with the participant. Each client and participant expressly accept the possibility of a waiting period or postponement.

ARTICLE 08 – PAYMENT

1. The customer who goes to the part of the FLYIN LIEGE website as defined in article 12 entitled "Basket", "My basket" or equivalent will see a summary of the reservation (s) that 'he made (s) / gift voucher (s) that he selected. The choices are then offered to him:

• To delete one or the other;
• Add or remove one or the other option as defined in section 5.2;
• Enter a promotional code that can reduce the total price;

2. Having or not having opted for these choices, the customer is invited to click on the button "Validate my basket" or equivalent, the selection of which opens a new web page on the aforementioned site and on which he is invited to complete the following fields:

• The names and surnames of the participants;
• His name and first name;
• Their email address and telephone number;
• Home address, postal code, city and country included;

3. These various fields filled in, the customer is prompted to click on a button "Validate my order" or equivalent, the selection of which directs the customer to a new web page presenting a summary of his order and including a button "Pay" or equivalent. 
4. Selecting this button redirects the customer to the MULTISAFEPAY payment platform on which he is invited to complete his bank details /
5. Payment is then either:

• Accepted: the customer is then redirected to the FLYIN LIEGE site, to a web page indicating the validation of the payment, the customer's order basket then being emptied;
• Canceled by the customer: the customer is then redirected to the FLYIN LIEGE site, to a web page indicating the cancellation of the payment, the customer's order basket then not being emptied;
• Refused: the MULTISAFEPAY platform indicates the refusal of payment and the customer is then redirected to the FLYIN LIEGE site, on a web page also indicating this refusal, the customer's order basket then not being emptied.

6. A summary of the ordering is sent by email to the customer if the payment has been accepted. A possible invoice is sent by email to the customer, at his request, after payment.

ARTICLE 09 - RIGHT OF WITHDRAWAL - TERMINATION – WAIVER

1. Within 14 days of placing their order, the customer and / or the participant may exercise their right of withdrawal, free of charge, by contacting FLYIN LIEGE. The full price paid will then be returned to him. No withdrawal is permitted if FLYIN LIEGE has already started to provide its services, either from the briefing phase.

2. After the first 14 days but within 30 days of placing his order, the customer and / or the participant may terminate it by notifying FLYIN LIEGE at least one day before the FLY is carried out and for a flat rate of 25 EUR covering administrative costs. The price paid from which the fixed price will be deducted will then be returned to him.

3. In cases where the customer no longer has his right of withdrawal or his right of contractual termination, the customer and / or the participant may waive the PACK (S) ordered but no refund will be made carried out.

ARTICLE 10 - RISKS

1. Participation in a FLIGHT presents the risk of collisions and collisions, such as, for example, causing the dislocation of a shoulder. A recent dislocation of the shoulder poses a high risk of recurrence. The realization of these risks can in no case be considered as a fault of FLYIN LIEGE.

2. The attention of the participant is drawn to these risks before the FLIGHT. He is required to sign a document by which he acknowledges having been informed thereof and that he alone bears, with the exclusion of FLYIN LIEGE, the damages that he would suffer as a result of their occurrence.

3. If the safety conditions of a FLIGHT are not met in such a way that the participants in the FLIGHT would be in danger of sustaining injuries other than resulting from simple collisions or collisions which could occur under normal conditions, FLYIN LIEGE is reserves the right not to organize the FLIGHT. In this case, a refund will be made.

4. Objects and clothing that are not sufficiently fastened, such as glasses, unlaced shoes, jewelry, watches, etc. are likely to dissociate themselves from the participant during the FLIGHT. They cannot necessarily be recovered, the blower will not be stopped to do so; the participant bears the loss.

ARTICLE 11 - BREAKDOWN - FORCE MAJEURE

1. In the event of a blower failure or other situation preventing a flight from being carried out which is not the result of force majeure, FLYIN LIEGE undertakes to seek with the participant another time slot that suits him for the performance of his flight. Otherwise, a refund will be made.

2. In the event of force majeure preventing the realization of a FLY, FLYIN LIEGE may seek with the participant another time slot that suits him for the realization of his FLIGHT. Otherwise, no refund will be made.

ARTICLE 12 – WEBSITE

1. FLYIN LIEGE has a website that can be reached via the URL: www.flyinliege.be

2. These general conditions are available on this site.

ARTICLE 13 - PRIVATE LIFE CHARTER - PHOTOS AND VIDEOS

1. Any relationship between FLYIN LIEGE and its (potential) customers or participants in a FLIGHT is likely to generate, on the part of FLYIN LIEGE, the collection and processing (s) of certain personal data of its contacts, including taking photos / videos during FLIGHTS.

2. These treatments are explained in the FLYIN LIEGE privacy policy which is available on its website as specified in article 12.

3. The client agrees and ensures the agreement of the participants that he registers for a FLIGHT on the taking of photos and / or videos of himself and of the people accompanying him by the staff of FLYIN LIEGE. during a FLIGHT and on their possible subsequent publication. These photos and / or videos may be used by FLYIN LIEGE for all purposes, particularly commercial or promotional. The client / participant waives all claims concerning these photos and / or videos. The participant signs a document attesting to this prior to the FLIGHT.

ARTICLE 14 - INTERNAL RULES

1. Anyone entering the premises of FLYIN LIEGE to participate in a FLIGHT or for other purposes is required to respect the internal regulations of FLYIN LIEGE, the dual objective of which is (1) to recall some basic rules to live together and (2) allow the serene development of the proposed activities.

2. Any violation of said regulations is punishable by immediate expulsion from the premises of FLYIN LIEGE and banning for life or in time from said premises. Expulsion that takes place before participating in a THEFT or any other activity does not give the right to any refund.

3. The internal regulations are displayed in a visible manner in the premises of FLYIN LIEGE.

ARTICLE 15 – SEVERABILITY

1. If one of the clauses of these conditions is declared null or inapplicable, FLYIN LIEGE and the (potential) customer or participant in a FLIGHT agree that it be replaced by a clause that meets the same objective as closely as possible and respecting the legal requirement.

2. The nullity or unenforceability of a clause does not imply the nullity or unenforceability of these conditions.

ARTICLE 16 - APPLICABLE LAW - COMPETENT COURT

1. Belgian law is applicable to these conditions and to any conflict they may give rise to.

2. Unless the law provides otherwise, the courts of Liège are competent for any conflict relating to these conditions.