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Terms and conditions

1. Subject

Windiver SASU (hereinafter referred to as « Windiver ») has developed a platform for indoor skydiving flight time sharing, accessible on a website at the address www.windiver.com or in the form of a mobile application designed to (i) bring together experienced flyer (Proflyer) who are in possession of a reserved access for wind tunnel time for their own account (hereinafter the « Host ») with other experienced flyers (hereinafter « Participant ») in order to share the practicing space (flight chamber) and therefore the associated costs, (ii) book seats for wind tunnel training flight time with a qualified indoor skydiving instructor (hereinafter « Instructor ») authorized by Windiver and (iii) book seats for shared flights events in a windtunnel organized by organizers authorized by Windiver (hereinafter « Event Organizer »).

Hosts, Instructors and Event Organizers (hereinafter « Planner ») can post shared flight, trained flight or event advert (in compliance with the conditions laid down by the wind tunnel they previously made their purchases of flight time) on the platform (hereinafter « Platform »).

These terms and conditions have the purpose of governing access to and the terms of use of the Platform. Please read them carefully. You understand and recognise that Windiver is not party to any agreement, contract or contractual relations, of any nature, entered into between the members of its Platform.

By clicking on “Sign up” button of the registration form, you recognise having read and accepted all these general conditions of use.

2. Definitions

In this document,

« Block » means a Flight time slot of up to 30 minutes during which Flyers can access the Flight Chamber according to the time previously purchased from the Wind tunnel by the Planner ;

« T&Cs » means these Terms and Conditions ;

« Flight Chamber » means to the Indoor Skydiving practicing space in the Wind tunnel where Flyers have access when Booking a Flight Pack ;

« Booking Confirmation » has the meaning given to it in Article 4.2.1 below ;

« Member Content » has the meaning given to it in Article 11.2 below ;

« Account » means the account that must be created in order to become a Member and access certain Services offered by the Platform ;

« Service Fee » has the meaning given to it in Article 5.2 below ;

« Host » means the Member in the Platform that offers to share his Indoor Skydiving practice in return for the Cost Contribution, for a session defined by him alone via a previous Flight time purchase at the Wind tunnel of his choice and living in one of the Countries that allows the proposal of Flight Pack ;

« Instructor » means the professional Member qualified for Indoor Skydiving training, authorized by Windiver to post Trained Flight on the Platform, in return for the Cost Contribution and for a training Price given as an indication and living in a Country that allows him to offer a Flight Pack ;

« Event Organizer » means the professional Member or organization authorized by Windiver to post an Event on the Platform ;

« Member » means any individual having created an Account on the Platform ;

« Planner » means either a Host, an Instructor or an Event Organizer ;

« Flight Pack » means an advert of one or several flight Blocks posted jointly on the Platform by a Planner ;

« Participant » means a Member who accepted a Planner Flight offer or, where applicable, the person on whose behalf a Member has booked a Seat ;

« Cost Contribution » means, for a given Flight, the sum of money requested by the Planner and accepted by the Participant for his contribution to the Flight time purchase costs at the Wind tunnel ;

« Country » means one of the countries in the following list (Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom) from which residents can post Flight Packs on the Platform ;

« Seat » means the Seat booked by a Participant for a Planner Flight Pack ;

« Platform » has the meaning given to it in Article 1 above ;

« Flyer » means all indoor skydiving flyers ;

« Price » means for a given Trained Flight, the sum of money requested by the Instructor as part of his coaching performance of the session, it is given as an indication by the Instructor and will have to be paid directly to him during the Flight according to the terms that he defined in his Flight Pack description ;

« Proflyer » means the Flyer having acquired the basis for an autonomous evolution in the Flight Chamber (in particular: Flight Chamber entry, safe fly, Flight Chamber exit) following supervised Flights and whose skills are validated by an Instructor ;

« Booking » has the meaning given to it in Article 4.2.1. below ;

« Services » means all services delivered by Windiver through the Platform ;

« Website » means the website accessible at the address www.windiver.com ;

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« Flight » means either a Shared Flight or a Trained Flight ;

« Trained Flight » means a Flight Block in a Flight Pack posted by an Instructor on the Platform and for which it agrees to host one or more Participants in the Flight Chamber in return for the Cost Contribution and the Price ;

« Shared Flight » means a Flight Block in a Flight Pack posted by a Host on the Platform and for which it agrees to host one or more Participants in the Flight Chamber in return for the Cost Contribution ;

« Event » means a Flight Block in a Flight Pack posted by an Event Organizer on the Platform and for which it agrees to host one or more Participants in the Flight Chamber in return for Price ;

« Windiver » has the meaning given to it in Article 1 above ;

3. Registration on the Platform and creation of an Account

3.1. Conditions of registration on the Platform

The Platform may be used by individuals aged 18 or over. Registration on the Platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.

3.2. Creation of an Account

The Platform enables Members to post and view Flight Packs and to interact with each other for a Seat Booking. You can view the Flight Packs even if you are not registered on the Platform. However, you cannot post an Flight Packs or book a Seat without having first created an Account and become a Member.

To create your Account you must complete all the mandatory fields on the registration form.

To register on the Platform, you must have read and accepted these T&Cs and the Privacy policy.

When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Windiver in order to guarantee its relevance and accuracy throughout your contractual relations with Windiver. In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Windiver immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Windiver of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.

You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.

3.3. Verification

Windiver may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.

You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering flying. Windiver cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.

4. Use of the Services

4.1. Posting Flight Packs

As Member, and providing you fulfill the conditions below, you can create and post Flight Packs on the Platform by entering information about the Flight Blocks you intend to make (dates/times and place of practice, number of Seats offered, description of the session, & type of Flight planned, amount of the Cost Contribution, etc.).

You are only authorised to post a Flight Pack if you fulfill all the following conditions :

You recognise that you are solely responsible for the content of the Flight Pack you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Flight Pack, and you undertake to fulfill the Flight(s) under the conditions described in your Flight Pack(s).

Providing your Flight Pack complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-Members, conducting a search on the Platform or on the website of Windiver’s partners. Windiver reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.

You are also informed that in case you introduce yourself as a consumer using the Platform while acting in fact, as a professional, you expose yourself to the penalties provided for in Article L.132-2 du Code de la consommation.

4.2. Booking a Seat

Windiver has set up an online Seat Booking system (the « Booking ») for the Flights offered in the Platform. The conditions for Booking of a Seat depend on the nature of the planned Flight.

4.2.1. Shared Flight

When a Participant is interested in a Flight Pack, he can make an online Booking request. This Booking request is automatically accepted. At the time of the Booking, the Participant proceeds to the online payment of the Cost Contribution and related Service Fees, where applicable. After verification of the payment by Windiver, the Participant receives a Booking Confirmation (the « Booking Confirmation »).

4.2.2. Trained Flight

For Trained Flights, Windiver suggests to book a Seat for a Trained Flight offered via the Platform. Windiver do not provide any coaching service as part of the Trained Flight, the Instructors being the only party to the contract of the session. You recognise that the Booking of a Seat for a Trained Flight is subject to conditions specified by the Instructor in the description of the Flight Pack.

4.2.3. Event

When a Participant is interested in a Flight Pack, he can make an online Booking request. This Booking request is automatically accepted. At the time of the Booking, the Participant proceeds to the online payment of the Price and related Service Fees, where applicable. After verification of the payment by Windiver, the Participant receives a Booking Confirmation (the « Booking Confirmation »). For an Event to take place, all available places must have been reserved no later than 5 days before the date of the event. In the event that all of the places are not reserved, the Event will be canceled and all participants fully reimbursed.

4.2.4. Named nature of the Seat Booking and terms of use of the Services on behalf of a third party

Any use of the Services, in the capacity of Participant or Planner relates to a specific name. The Planner and the Participant must correspond to the identity communicated to Windiver and the other Members participating in the Shared Flight or Trained Flight. Furthermore, it is forbidden to post a Flight Pack on behalf of another Planner then yourself.

5. Financial conditions

Access to and registration on the Platform, as well as searching, viewing and posting Flight Packs, are free of charge. However, the Booking is charged under the conditions described below.

5.1. Cost Contribution

5.1.1. Cost Contribution clarification

The amount of the Flight Cost Contribution is determined by you, as Planner, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Participants to pay to the costs you actually incur to make the Flight. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.

When you post a Flight Pack, Windiver suggests that you specify an amount of the Cost Contribution that corresponds to the actual amount of your purchase of Flight time from the Wind tunnel, according to its price list. In order to avoid abuse, Windiver reserves the right to verify that the amount of the Cost Contribution is not greater than the actual purchase fee offered by the Wind tunnel and, if applicable, to delete the Flight Pack.

Once the Flight Pack has been completed, the amounts paid by your Participants for the Cost Contribution are returned to you in their entirety within a period of 2 to 7 days (related on bank transfer delays) after you have made the request it in your user Account.

5.1.2. Price clarification

As part of a Trained Flight, the Price per Seat is fixed at its sole discretion by the Instructor. The Price is displayed on the Platform as an indication for the users, and must be paid directly to the Instructor during the session. As a qualified professional Member you acknowledge that it is your responsibility to keep you informed of all legal and tax obligations related to your activity of indoor skydiving coaching, and to fulfill all the necessary steps and actions necessary to respect them (in particular concerning your turnover declaration and payments of various taxes related to your activity).

5.2. Service Fees

In the context of Flights, Windiver, in exchange for use of the Platform, at the time of Booking, shall collect Service Fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution requested by the Planner and also the number of Seats available for the concerned Flight Pack. The methods for calculating the Service Fees in force can be provided on simple request sent to the email address contact@windiver.com.

The Service Fees are collected by Windiver for each Seat subject of a Booking by a Participant.

Whatever the place of residence of the Planner and the Participant, the methods for calculating the Service Fees and the applicable VAT do not vary and respond to the French legislation.

5.3. Rounding

You recognise and accept that Windiver may, at its full discretion, round up or down the Service Fees and the Cost Contribution.

5.4. Methods of payment and repayment of the Cost Contribution to the Planner

5.4.1. Collection mandate

In using the Platform as a Planner for Flights with Booking, you confer on Windiver a collection mandate for the Cost Contribution in your name and on your behalf.

Consequently, in the context of a Shared Flight or Trained Flight, and after manual or automatic acceptance of the Booking, Windiver shall collect the whole of the sum paid by the Participant (Service Fees and Cost Contribution).

The Cost Contributions received by Windiver are deposited in an account dedicated to payment of the Planners.

You recognise and accept that none of the sums received by Windiver in the name and on behalf of the Planner gives entitlement to interest. You agree to respond diligently to any request of Windiver, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.

In the absence of response to these requests, Windiver may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.

5.4.2. Payment of the Cost Contribution to the Planner

After the Flight, Participants shall have a period of 48 hours after the end of the Flight to submit a claim to Windiver. In the absence of claim of the Participants within this period, Windiver shall consider the Flight confirmed.

From the time of this express or tacit confirmation, you shall have, as a Planner, a credit payable on your Account. This credit corresponds to the total amount paid by the Participant at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Participant.

When the Flight is confirmed by the Participant, you have the option, as a Planner, of giving instructions to Windiver to pay the money to your bank account (by entering your bank details in advance in your Account). The payment order in your name will be sent on the first working day after your request or, if you do not so request, the first working day after the provision of the sums in question to your profile (providing Windiver has your bank information).

At the end of the applicable 5-years limitation period, any sum not claimed from Windiver shall be deemed to belong to Windiver.

5.4.3. Payment Service for Planners

Payment processing services for Planners on Windiver are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Planner on Windiver, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Windiver enabling payment processing services through Stripe, you agree to provide Windiver accurate and complete information about you and your business, and you authorize Windiver to share it and transaction information related to your use of the payment processing services provided by Stripe.

6. Non-commercial and non-business purpose of the Services and the Platform

You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Shared Flight with you or to book a Seat in a Trained Flight.

As Planner, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Host your own part of the costs induced by the Flight.

Windiver enables during the creation of a Shared Flight advert to fill in the amount of the Flight time purchased to the Wind tunnel for each Flight Block. The price per Participant is then calculated automatically by dividing the price of the Flight Block by the number of available Seats. The total amount of Cost Contribution that the Host can claim is equivalent to the amount of the Flight time purchased for the Flight Block minus the amount of the price per Participant related to his own use of the Flight Block.

Regarding a Trained Flight, Windiver enables the Instructor during the creation of a Trained Flight advert to fill in the amount of the Flight time purchased to the Wind tunnel for each Flight Block. The price per Participant is then calculated automatically by dividing the price of the Flight Block by the number of available Seats. The total amount of Cost Contribution that the Instructor can claim is equivalent to the price filled in during the creation of the Trained Flight advert.

In addition, the Instructor can precise as an indication, the Price concerning it’s coaching service and how it is shared between the various Participants, in his Flight Pack description. Windiver will not be held responsible for the amount or any obligation related to the cashing of this Price by the Instructor. As an Instructor, we remind you that it is in your own responsibility to fulfill all the legal and tax procedures of your country of residence concerning the Price collection during the Trained Flight.

Windiver also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Flights offered, their frequency, the number of Participants carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Windiver that you are generating a profit on the Platform.

7. Cancellation policy

7.1. Terms of repayment in the case of cancellation

All the Flights are the subject of this cancellation policy. Notwithstanding the previous, in case of cancellation of a Seat by a Participant to a Flight, Service Fees are retained by Windiver.

The cancellation of a Seat on a Flight by the Planner or the Participant after Booking Confirmation is subject to the stipulations hereunder :

- In the case of cancellation owing to the Planner, the Participant is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Planner cancels a Flight. Windiver reserves the right to suspend your Account, limit your access to Services or cancel these T&C’s if cancellations are considered, to its sole discretion, as to frequent and/or repeated ,

- In the case of cancellation owing to the Participant :

When cancellation occurs at least 24 hours before the Flight and owing to the Participant, the Seat cancelled by the Participant shall be automatically made available to other Participants who may book it online and is accordingly subject to the conditions of these T&Cs.

Windiver appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the refund requests.

7.2. Right of withdrawal

You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Windiver consisting of putting you in contact with another Member has been fully executed. (In accordance with article L. 221-28 of the French Consumer Code).

8. Behaviour of users of the Platform and Members

8.1. Undertaking of all users of the Platform

You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during Flights, you undertake :

8.2. Undertakings of the Hosts

Furthermore, when you use the Platform as Planner, you undertake :

8.3. Undertakings of the Participants

When you use the Platform as Participant for a Shared or Trained Flight, you undertake :

9. Suspension of Accounts, limitation of access and termination

You can terminate your contractual relations with Windiver at any time, without cost and without reason. To do this, simply go to the « Personal data » tab of your Account Page and click on the link « Delete my account ».

In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Windiver has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Windiver reserves the right to :

When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Windiver. Windiver will decide, at its sole discretion, whether or not to lift the measures put in place.

10. Personal data

In the context of your use of the Platform, Windiver will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by Windiver in compliance with the applicable law and the stipulations of the Privacy Policy.

11. Intellectual property

11.1. Content published by Windiver

Subject to the contents provided by its Members, Windiver is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.

Windiver grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.

You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Windiver. Notably, you are prohibited from :

11.2. Content posted by you on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Windiver a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your « Member Content »).

In order to enable Windiver to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Windiver, for the whole world and throughout the duration of your contractual relations with Windiver, to reproduce, represent, adapt and translate your Member Content as follows :

12. Role of Windiver

The Platform constitutes an online networking Platform on which the Members can create and post Flight Packs for Shared or Trained Flights. These Flight Packs can notably be viewed by the other Members to find out the terms of the Flight, and where applicable, to directly book a Seat in the concerned Flight Pack with the Member having posted the advert on the Platform.

In using the Platform and in accepting these T&Cs, you recognise that Windiver is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Flight.

Windiver has no control over the behaviour of its Members, Instructors, Wind tunnels and their staff and the users of the Platform. It does not own, exploit, supply or manage the Wind tunnels and the plannning of flight Blocks.

You recognise and accept that Windiver does not control the validity, truthfulness or legality of the Flight Pack, Seats and Flights offered. In its capacity of time sharing intermediary, Windiver does not provide any indoor skydiving practicing service and is not a Wind tunnel, nor an Instructor ; the role of Windiver is limited to facilitating access to the Platform.

The Members (Planners and Participants) act under their sole and full responsibility during the Flights.

In its capacity of intermediary, Windiver cannot be held liable for the effective occurrence of a Flight, and notably owing to :

13. Operation, availability and functionalities of the Platform

Windiver shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.

Furthermore, Windiver reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

14. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and Windiver relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.

Windiver may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Windiver before it takes effect.

15. Applicable law – Dispute

These T&Cs version has been provided for your convenience. This translation is for informational purposes only, and the definitive version of our T&Cs is the French version, subject to French law.

You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Windiver in writing of any dispute in order to obtain an amicable solution.

16. Legal notices

The Platform is published by WINDIVER SASU, simplified single shareholder company, with a share capital of 10.000 euros, registered with the Companies Register of Bordeaux under number 839.399.888 (VAT number: FR39839399888), with its registered office at 17, rue Huguerie – 33000 Bordeaux (France) (email : contact@windiver.com) represented by its President, Vincent TEXTORIS, Website Publication Director..

The Website is hosted on the Heroku servers, Inc., 1 Market St. Suite 300, San Francisco, CA 94105.

For any question, you can contact WINDIVER SASU using this contact form.

Version 1.2 - updated on December 23rd 2019

Updated content - Information related to event organization has been added