General Condition of Service 1.1 Scope and definitions
These General Conditions of Use apply to all services provided by EasyParagliding (a company registered in France under EasyParagliding ARCARI EIRL - RCS BOURG EN BRESSE 821 577 343) whose registered office is at 62, Chemin des Equimoches, 01630 Sergy, France. EasyParagliding owns and operates the website: www.easyparagliding.com
“AdditionalServices” refers to all services offered by the Site requiring a User Account.
“Club” means any Paragliding Club or Association.
“Cost Contribution” means the amount set out by the Deal Provider in relation to the Ride which is payable by the Deal Takers as their contribution towards the costs of the Ride.
“Deal” means the sharing of a Vehicle seats for a Ride by a Deal Provider carrying a Deal Taker for that Ride in exchange for a Cost Contribution.
“Deal Taker” means an individual who has agreed using the Service to travel with a Deal Provider.
“Deal Provider” means the individual using the Site to share his/her empty seats with a Deal Taker and to transport that Deal Taker to a given destination at an agreed time.
“Non Professional User” means anybody accessing the Site for purposes which are not related with his/her professional activity.
“Professional Pilot” means a Paragliding Pilot practicing professional activities related to Paragliding.
“Professional User” means anybody accessing the Site for purposes which are related with his/her professional activity. This is including but not limited to Schools, Clubs, Professional Pilots.
“Reservation Confirmation” has the meaning ascribed to it at Clause 2.3.
“Ride” means a given journey to a flying site or a location related to the activity of paragliding in relation to which a Deal Provider and a Deal Taker have agreed a transaction through the Site.
“Service” means to any service provided by the Site to any User.
“School” means any Paragliding School.
“Site” means easyparagliding.com and any other website or related mobile or other applications edited, maintained or operated by EasyParagliding.
“User” means all users of the Site, being them freely accessing to the Site or accessing to the Site after a log-in.
“User Account” means all User of the Site having created an account on the Site.
“Vehicle” means the vehicle offered by a Deal Provider.
1.2 Acceptance of Conditions
These Conditions apply to any use of the Site whatsoever. By using the Site, Users accept these Conditions in full, even if a User does not create a User Account.
In the event that any User fails to comply with any of the Conditions, EasyParagliding reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.
The agreement on Deals is between Deal Provider offering a Deal and Deal Takers accepting that same Deal; EasyParagliding is not a party to these arrangements or agreements between them.
1.3 Variation of Conditions, Site and Service
EasyParagliding reserves the right to modify the Conditions at any time. In addition, EasyParagliding may change or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Users.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any reservations which have been made prior to publication of the varied Conditions.
2. Use of the Service 2.1 User Account and Accuracy of Information
In order to use the Additional Services, each User must create a User Account and agrees to provide any personal information requested by EasyParagliding. In particular, Users will be required to provide their first name, last name, a valid email address and a password.
Users agree and accept that all of the information they provide to EasyParagliding when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to EasyParagliding or posted on the Site in connection with any Vehicle, Ride, Deal Provider, flying site, School, Club or events will be true accurate and complete. EasyParagliding will not be liable to any User in the event that any information provided by a User is incomplete, inaccurate, misleading, fraudulent or in any way dangerous.
Unless expressly agreed by EasyParagliding, Users are limited to one User Account per User.
Any breach of these Conditions, as soon as detected, will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.
Status of EasyParagliding Neither EasyParagliding nor the Site provides any transport services. The Site is a communication platform for Users to transact with one another. EasyParagliding does not interfere with Deals, destinations or timings. The agreement on a Deal is between the Deal Provider and the Deal Taker. EasyParagliding is not a party to any agreement or transaction between Users, nor is EasyParagliding liable in respect of any matter arising which relates to a reservation between Users.
Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.
2.2 Types of Booking and Payment
EasyParagliding offers a service which allows Users to contact each other directly to arrange share of empty seats by setting up a meeting and a destination point and agreeing travel conditions.
Users accept that given the nature of the service, Deal Providers and Deal Takers will have no recourse to EasyParagliding for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Deal Providers or the Deal Taker to turn up or non-payment of the Cost Contribution, if any.
In particular, when a Deal is between two Non Professional Users, it is the Deal Provider responsibility to collect payment, if any, from the Deal Taker at the time of the Ride. When the Deal is offered by a Professional Provider, it is the Deal Provider responsibility to verify that the payment from the Passenger is collected before the ride through the payment methods provided by the Site.
Offering and accepting a Deal itself is managed by Deal Providers and Deal Takers only.
Please note that EasyParagliding reserves the right to change any aspect of the Site or its services which may include adding new services (which may require payment) or withdrawing services.
2.3 How to Book a Deal
The Deal Provider provides details of his or her Deal on the Site, specifying date and time for departure, destination point, the amount of the Cost Contribution per seat, if any, and all other conditions relevant to the flight, the travel or whatever he/she considers useful to the potential Deal Taker.
A Deal offered by a Non Professional User can be booked by the Deal Taker from the Site. This is made through a booking request for one seat on the Deal Provider Vehicle. The Deal Provider can confirm or refuse the booking request. This is communicated though the Site via an automatic message. In case the Deal is confirmed, it is the Deal Provider’s responsibility to collect payment, if any, from the Deal Taker, at the time of the Ride and to communicate timely any change or cancellation of the Ride.
A Deal offered by a Professional User, can be booked by the Deal Taker from the Site. This is made through a booking request for one seat on the Deal Provider Vehicle. The Deal Provider can confirm or refuse the booking request. This is communicated though the Site via an automatic message. In case the Deal is confirmed, payment, if any, is made by the Deal Taker through an online payment of the Cost Contribution, using PayPal or a credit card. The Deal Provider is responsible to provide the Ride and to communicate timely any change or cancellation of the Ride.
Once a Reservation Confirmation has been sent, the Reservation is complete and a separate binding agreement for sharing the Ride shall be formed between the Deal Provider and the Deal Taker.
The Reservation is personal to the Deal Provider and the Deal Taker. The identity of the Deal Provider and of the Deal Taker must match the identity provided by each of them to EasyParagliding.
The Deal Provider undertakes to EasyParagliding and to the Deal Taker(s) to perform the Ride that he or she has advertised on the Site to share with them on the agreed date, time and place. The Deal Provider also undertakes to EasyParagliding and to the Deal Taker(s) to ensure that his or her Vehicle has the seating and space capacity advertised and for which the reservation were made.
2.4 Payment to the Deal Provider EasyParagliding shall not be liable to the Deal Provider for any loss resulting in the failure to pay the Deal Provider if for any reason whatsoever, the Amount payable by the Deal Taker is not received by the Deal Provider or is required to be returned to the Deal Taker such as in the event of insufficient funds, fraudulent use of the card of the Deal Taker, the card company or bank of the Deal Taker failing to process correctly the payment.
2.5 Payment Terms when a Deal from a Professional User is cancelled
The Deal Provider and the Deal Taker agree to the conditions relating to the payment of any refund to the Deal Taker or compensation to the Deal Provider (whether in full or in part) relating to the cancellation of a Deal from a Professional User after the Reservation Confirmation, are set out below:
● Where the cancellation of a Deal is caused or deemed to have been caused by the Deal Provider, the Deal Taker shall be entitled to a full refund.
● Where the cancellation of a Deal is caused or deemed to have been caused by the Deal Taker, the Deal Provider shall be entitled to receive the Cost Contribution in full. The Deal Taker can contact the Deal Provider in order to agree on a partial refund, although he has no right to the refund. The Deal Provider is free to choose whether to grant the refund or not, based on the Deal Taker’s request and explanations.
2.6 Deal Providerand Deal Takerobligations Deal Provider’sobligations
Each of the Deal Provider undertakes and agrees that:
● they will present themselves on time and at the place agreed;
● they will immediately inform all Deal Takers of any change whatsoever to the Ride;
● if the Deal Provider decides to change any aspect of a Ride, the Deal Provider undertakes to contact all Deal Takers who have made a booking in relation to that Ride and to obtain the agreement of all Deal Takers to the change. In the event that the Ride in question is a Deal offered from a Professional User for which one or more Deal Takers have already paid the Deal Provider, if any such Deal Taker refuses the change, that Deal Taker shall be entitled to cancel the Ride and seek a full refund and the Deal Provider shall not be entitled to any compensation being paid for such cancellation by that Deal Taker.
● they must abide by all road rules and laws of the countries in which they are driving and will drive safely.
Each of the Deal Takers undertakes and agrees that:
● they will present themselves on time and at the place agreed with the Deal Provider;
● they will immediately inform the Deal Provider if they are required to cancel a Ride;
● they present themselves at the pick-up point at least 5 minutes before the agreed departure time;
● they will pay the Cost Contribution for a Deal from Non Professional User directly to the Deal Provider.
If the Deal Taker or Deal Provider fail to comply with any of these terms or any other Conditions EasyParagliding reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Site.
The Deal Provider agrees and undertakes that they will take out and maintain insurance to cover the Ride and any Deal offered or booked through the Site (including for the avoidance of doubt insurance to cover any international or overseas part of a Ride). The Deal Provider also undertakes to hold a valid driving licence and that the Deal Provider will own or will be entitled to use the Vehicle.
It is EasyParagliding understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as travelling for free, and is therefore a third party passenger who is covered by compulsory third party insurance. However EasyParagliding gives no warranty or assurance in this regard and it is the Deal Provider’s responsibility to verify that their insurance provides adequate cover.
For a Ride offered by Non Professional User, it is up to each Deal Provider and Deal Taker to confirm with each other that the Deal Provider is covered by valid insurance for a Ride. The Driver must confirm that his or her insurance policy allows him or her to carry passengers and that the insurance policy covers all Passengers and any accident or incident which may occur during a Ride. The Deal Provider and the Deal Taker are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Deal Provider had made or was seeking to make a profit.
If the Deal Provider does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Ride for any other reason the Deal Provider will be responsible for the financial consequences, losses and damages arising and EasyParagliding will not be liable under any circumstances to the Deal Provider or the Passenger.
EasyParagliding reserves the right to suspend immediately the account of a User and to make aware to competent authorities any professional activity of Non Professional Users.
3. Liability EasyParagliding is not a party to any agreement between a Deal Provider and Deal Taker and will not be liable to either party unless the loss or damage incurred arises due to EasyParagliding’s negligence. EasyParagliding shall use its reasonable endeavour to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for reason beyond EasyParagliding’s control. EasyParagliding does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users or users may experience with the Site. If a User detects a fault, please CONTACT US and EasyParagliding will endeavour to correct the fault as quickly as EasyParagliding can. EasyParagliding will not be liable to a User for any fraudulent use of payment instruments by a Deal Taker. In such circumstances, no compensation or indemnity whatsoever shall be given by EasyParagliding to the Deal Provider.
EasyParagliding shall not be liable for any loss or damage arising as a result of:
● Any inaccurate or incomplete information being provided by a User;
● The cancellation of a Ride by a Deal Provider or Deal Taker;
● Any failure to make payment of a Cost Contribution;
● Any damage, theft or loss of equipment carried by the Deal Taker or by the Deal Provider, in any circumstance;
● Any injury or death incurred by the Deal Taker or by the Deal Provider during the Ride, before, during or after the flight, unless death or personal injury is due to EasyParagliding negligence.
● Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Deal Provider or Deal Taker before, during or after a Ride.
EasyParagliding will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by EasyParagliding (whether suffered or incurred as a result of the EasyParagliding’s negligence or otherwise) except in the case of fraud, willful concealment or theft.
EasyParagliding liability to any User for all losses in respect of any Ride is capped at the sum of €10. Nothing in this Agreement limits or excludes EasyParagliding’s liability for death or personal injury arising as a result of EasyParagliding’s negligence.
4. General Terms 4.1 Suspension or withdrawal of Site access
In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that EasyParagliding can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).
4.2 Intellectual property
The format and content of this Site is protected by international copyright and EasyParagliding reserves all of its rights in relation to its copyright whether owned or licensed to EasyParagliding.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to EasyParagliding) which appear on the Site.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EasyParagliding. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of EasyParagliding. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
4.3 Content of the Site provided by the User
By displaying content on this Site, Users expressly grant a licence to EasyParagliding to display the content and to use it for any of EasyParagliding’s other business purposes.
Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright) or aims at creating damage in any way to any other person. Any such content is contrary to EasyParagliding’s policy and EasyParagliding does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify EasyParagliding in relation to any liability it may suffer as a result of any such content. However as soon as EasyParagliding becomes aware of infringing content, EasyParagliding shall do everything it can to remove such content from the Site as soon as possible.
5. Law and Jurisdiction
These terms shall be governed by the law of France and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of France.
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