TERMS AND CONDITIONS OF SALE

PREAMBLE

These general terms and conditions of sale (hereinafter referred to as the “T&Cs”) aim to provide the legal framework for the booking and purchase of tickets for access to the La Plagne zip line, as well as the terms for the provision of the site and services by SAS FLYING FOX, via the website www.supertyrolaplagne.fr.

SAS FLYING FOX (hereinafter referred to as “the Provider”) specialises in the activity of adventure parks (“PAH”). In this regard, the staff supervising the activity holds a Professional Qualification Certificate (“CQP”) as a High Ropes Course Operator, with the evacuation option.

These General Terms and Conditions of Sale may be modified at any time and without notice.

The preamble forms an integral part of these Terms.

ARTICLE 1 – PURPOSE AND SCOPE

These General Terms and Conditions govern the contractual relationship between the company FLYING FOX and the participant (hereinafter referred to as the “Client”) and form an integral part, along with other contractual documents, of the contract concluded between the parties.

Their purpose is to define the procedures for concluding the contract and the conditions under which FLYING FOX executes the said contract.

The service takes place at Aime 2000 and Plagne Centre, 73210 La Plagne Tarentaise.

The service provided by the Provider includes:

• Access to the zip line;
• Provision and setup of the Clients’ personal protective equipment;
• Description of the activity, instructions for using the equipment, safety instructions, and explanations;
• Monitoring, advice, and/or assistance during the session.

These Terms and Conditions apply, without restriction or reservation, to all services provided by FLYING FOX to the Client.

In accordance with applicable regulations, these Terms are systematically communicated to every Client to allow them to place an order with FLYING FOX.

FLYING FOX reserves the right to depart from certain clauses of these General Terms and Conditions, based on negotiations with the client, by establishing specific terms and conditions.

ARTICLE 2 – RESERVATION OF THE SERVICE

It is the responsibility of the Client to select the dates and services they wish to reserve on the website according to the following terms:

The availability of services is valid as long as they are accessible on the website, subject to unfavourable weather conditions or a case of force majeure.

Any reservation made on the website www.supertyrolaplagne.fr constitutes the formation of a contract concluded at a distance between the Client and FLYING FOX.

FLYING FOX reserves the right to cancel or refuse any reservation from a Client with whom there is an outstanding dispute regarding the payment of a previous reservation.

ARTICLE 3 – PAYMENT

The prices for the zip line activity are displayed on the website. Payment for the zip line activity is made online, securely, at the time of booking on the website www.supertyrolaplagne.fr. The accepted payment methods are Credit Cards, American Express, China UnionPay (CUP), Discover & Diners Club, eftpos Australia, Japan Credit Bureau (JCB), Mastercard, Visa. Any reservation will only be considered confirmed after payment validation.

In the event of a payment refusal by the bank, the reservation will be automatically cancelled. The Provider disclaims any responsibility for additional fees charged by the Client’s bank during the transaction.

ARTICLE 4 – CANCELLATION AND MODIFICATION OF RESERVATION

4.1 – Reservation Modifications

Any modification to the reservation is possible up to forty-eight (48) hours before the activity date, subject to availability. Any modifications requested by the Client will only be considered, within the limits of FLYING FOX’s capabilities and with its express agreement, if they are requested in writing before the start of the services in question. Such modifications may lead to an adjustment of the price and the completion deadline.

Before any cancellation, FLYING FOX commits to offering the Client a rescheduling of the service.

4.2 – Cancellation by the Provider

FLYING FOX reserves the right to cancel a Client’s reservation at any time if the Client does not comply with these Terms or the safety instructions.

In particular, FLYING FOX reserves the right to cancel any reservation without refund if the Client fails to comply with the safety and behaviour rules imposed. This includes, but is not limited to, the prohibition of entering the facilities or participating in activities under the influence of alcohol or drugs.

The detailed participation and safety instructions are outlined in Article 6 of these Terms.

If the Client voluntarily withdraws at the time of the activity, for example, due to fear or apprehension about starting, the Provider reserves the right to cancel the reservation, and no refund will be granted. The Provider cannot be held responsible for this personal decision, and the Client is advised to assess their ability and desire to participate before confirming the reservation.

In the event of adverse weather conditions that may compromise the safety of the Clients (storms, heavy rain, excessive wind, etc.), FLYING FOX reserves the right to cancel the service. In such cases, the Provider will always offer to reschedule the activity to a later date, subject to availability. If the Client is unavailable on the new proposed dates, the Provider will cancel the reservation and refund the full amount paid.

FLYING FOX makes every effort to inform Clients as soon as possible in case of modifications or cancellations related to weather conditions.

Except for the previous scenarios and cases of force majeure, if FLYING FOX cancels the Client’s reservation, the refund will be processed within fourteen (14) calendar days following the cancellation.

4.3 – Cancellation by the Client
FLYING FOX reserves a specific date for each Client, so any unjustified cancellation of an order by the Client causes direct commercial harm. In case of cancellation by the Client for any reason, except in cases of force majeure, refunds will be made within fourteen (14) calendar days as follows:

• Cancellation three (3) days before the service date: full refund to the Client.
• Cancellation two (2) days before the service date: no refund.

ARTICLE 5 – RIGHT OF WITHDRAWAL

FLYING FOX provides leisure activity services that must be delivered on a specific date or within a determined period. In accordance with Article 221-28, 12° of the French Consumer Code, the legal right of withdrawal of fourteen (14) days, as set forth in Article L.221-18 of the Consumer Code, does not apply to sales made at a distance by FLYING FOX.

ARTICLE 6 – PARTICIPATION AND SAFETY INSTRUCTIONS

6.1 – Prohibitions

Access to the facilities, equipment, and materials is strictly prohibited outside the opening hours and scheduled session, unless expressly agreed by the Provider.

Running on the platforms and walkways of the facilities is prohibited

The Client is prohibited from smoking while wearing the personal protective equipment provided by the Provider.

It is strictly forbidden to light a fire near the course, activity, facilities, buildings, or any protected area.

It is reminded that people or animals may be below the installations, so it is strictly prohibited to use a phone, camera, or any other device during the zip line ride. The Client must ensure they do not carry any items that could fall.

The use of any capturing devices must be approved by the Provider before the activity. If approved, all capturing devices must be securely attached to the Client and must not pose any risk of falling. SAS FLYING FOX disclaims all responsibility and cannot be held liable for any damage or destruction of capturing devices during the descent.

Any violation of these rules will result in immediate cancellation of the service without refund.

6.2 – Conditions for Accessing the Activity

The Client must have prior liability insurance. They must also have paid for access to the activity and followed all instructions provided by the Provider.

The Client agrees to review all informational and safety documents posted by the Provider in its premises or around the activity (safety instructions, equipment use and setup, signage). The Client also agrees to respect the maximum number of people allowed per platform and per workshop.

The Client agrees to exercise caution and general vigilance concerning falling objects, the ground, vegetation, and animals. Specifically, the Client must not pick anything or leave anything on the site or surrounding areas. They must respect all signage, avoid obstructing other participants, and not linger near the starting point or the ground path.

The Client agrees to wear suitable clothing for participating in high ropes course activities.

Any person who does not meet these requirements will be denied access to the activity without the possibility of a refund.

6.3 – Safety Instructions

The safety instructions for the activity will be given by the supervising staff before the activity begins. The Client agrees to review and follow these instructions. Failure to follow these instructions will result in immediate exclusion from the activity without a refund.

6.4 – Physical Requirements
For safety reasons, pregnant women are not allowed to participate in the activity.
The Client must be in good health and free from any physical or psychological disorders. They must not consume alcohol, drugs, or any substances that impair physical or mental abilities.

For safety reasons related to the installations, the Client must weigh between twenty kilograms (20kg) and one hundred thirty kilograms (130kg).

Any person who does not meet these criteria will be denied access to the activity without the possibility of a refund.

6.5 – Conditions for Access by Minors and Protected Adults

Children under six (6) years old may only participate in the activity with the mandatory presence of a parent with parental authority throughout the activity, including during the safety and equipment instructions. The accompanying parent is responsible for ensuring these instructions are followed and the activity runs smoothly.

Children under fourteen (14) years old may only participate with the presence of a parent with parental authority on-site during the entire activity.

Minors under eighteen (18) years old must be accompanied by a parent with parental authority or present a signed parental consent form from a parent with parental authority.

Adults under legal protection (guardianship, curatorship, etc.) must be accompanied by their legal representative or present a signed consent from their legal representative.

Any person who does not meet these requirements will be denied access to the activity without the possibility of a refund.

6.6 – Conditions for Access to Independent Practice of the Activity

In addition to the previously mentioned conditions and instructions, the Client who practises the activity independently agrees to be particularly cautious and vigilant. Specifically, any material or equipment removed or disassembled must be inspected by the Provider. Furthermore, it is strictly forbidden to use any equipment other than that provided by the Provider.

The Client is responsible for assessing whether they feel physically or mentally capable of independently performing the necessary manipulations for the activity. If not, they agree to forgo the activity.

It is strictly prohibited to leave, abandon, or interrupt the course without the Provider’s authorization and assistance.

Failure to follow these instructions will result in immediate exclusion from the activity without a refund.

ARTICLE 7 – LIMITATION OF LIABILITY

Despite regular updates, the website www.supertyrolaplagne.fr cannot be held responsible for any modifications to administrative and legal provisions that occur after publication. Similarly, the website cannot be held liable for the use and interpretation of the information contained on the site.

The website www.supertyrolaplagne.fr cannot be held responsible for any viruses that may infect the Client’s computer or any other computer equipment following use, access, or downloads from this site.

The Provider’s liability cannot be engaged in the event of force majeure or due to the unforeseeable and insurmountable actions of a third party.

The Provider agrees to perform its services correctly. Therefore, it is subject to an obligation of means rather than a result.

The Provider’s liability can only be engaged in the case of proven fault or negligence. This liability is limited to the direct harm suffered by the Client and excludes any indirect damages, such as loss of time, customers, business, profit, or commercial disturbance.

The Provider agrees to take all necessary measures to ensure the safety of the Clients. The equipment used is regularly inspected and maintained according to current safety standards. The instructors and guides are qualified professionals trained in safety practices. However, FLYING FOX cannot be held liable for any damage resulting from the Client’s failure to comply with these Terms, the safety instructions provided by the staff, or improper use of the equipment by the Client.

FLYING FOX cannot be held responsible for negligence, carelessness by the Client, or failure of their personal equipment (clothing, belt, shoes, etc.).

Zip line activities are subject to weather conditions. The Provider reserves the right to cancel, postpone, or modify an activity due to adverse weather conditions that could jeopardise the safety of the Client (storms, heavy rain, strong winds, etc.). In the event of cancellation due to adverse weather conditions, the Client will be offered a rescheduling of the activity or a full refund. However, no compensation will be owed for such cancellations. FLYING FOX disclaims any responsibility for any additional expenses incurred by the Client (travel, accommodation, etc.) due to weather-related cancellations.

The Provider cannot be held responsible for any medical complications or damage related to the Client’s health conditions, whether declared or not, at the time of participation.

The Provider disclaims all responsibility for loss or damage to the Client’s personal belongings during their time on the site or during the activity.

The Provider cannot be held responsible for damages resulting from incidents caused by the actions or behaviours of other participants or third parties unrelated to the company.

In accordance with Articles L.421-3 and L.421-4 of the Consumer Code, the Provider has a general obligation of safety but cannot be held liable for failure to adhere to safety instructions or activity guidelines.

ARTICLE 8 – FORCE MAJEURE

Neither party shall be held liable for failure to perform due to events of force majeure. Force majeure refers to any unforeseeable, irresistible event beyond the control of the party responsible for the obligation, such as a government decision, including any withdrawal or suspension of authorizations, a total or partial strike, whether internal or external to the company, a fire, a natural disaster, a state of war, a total or partial disruption or blockage of telecommunications or electricity networks, a cyber attack, or more generally any other force majeure event that meets the criteria defined by case law.

In the event of a temporary hindrance, the performance of the obligation shall be suspended. Deadlines will automatically be extended. If the force majeure event lasts for more than sixty (60) days, either party has the right to terminate the contract without liability and without compensation. In the case of a definitive hindrance, the contract will be automatically terminated.

The party aware of the force majeure event agrees to inform the other party as soon as possible.

ARTICLE 9 – SEVERABILITY CLAUSE

If any clause of these Terms and Conditions is found to be contrary to a national or international public policy law, only the specific clause in question will be annulled, and the rest of the contract will remain valid.

The parties will negotiate in good faith to draft a new clause to replace the invalid one. If no mutual agreement is reached, the parties may seek the assistance of a mediator.

ARTICLE 10 – INTELLECTUAL PROPERTY

The Client agrees to respect the intellectual property rights that may be attached to SAS FLYING FOX during and after the execution of the contract.

It is unequivocally agreed that any reproduction, representation, use, imitation, adaptation, distribution, sale, transmission, or making available to third parties, in whole or in part, by any means and on any medium, of the elements constituting and/or representing the Site, the brand, and the commercial sign of FLYING FOX (texts, numbers, codes, names, designs, images, logos, slogans, and any other element potentially representing its intellectual assets) is prohibited without prior written consent from the Provider, and may result in legal action according to applicable procedures.

The failure of SAS FLYING FOX to initiate legal proceedings upon discovering any unauthorised use of the aforementioned elements does not imply acceptance of such uses, nor a waiver of possible legal action.

ARTICLE 11 – PERSONAL DATA

As part of this contract, the Provider is the data controller for the Client’s personal data and therefore commits to complying with the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 of the European Parliament and Council dated April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, referred to as the “GDPR.”

The personal data collected are as follows: name, first name, email address, phone number, dates of the service, and bank details.

The purposes of collecting the personal data are as follows: service booking, management of the contractual relationship, customer relationship management, accounting management, handling complaints, processing requests for access, rectification, opposition, and erasure, and managing disputes.

The legal bases for processing are:

• The performance of a contract to which the data subject is a party, or the implementation of pre-contractual measures at the request of the data subject;
• Consent;
• The legitimate interest of the data controller;
• Compliance with a legal obligation of the data controller.

Personal data is kept for the duration of the contractual relationship and for two (2) years after its termination. Some data are kept longer for compliance with legal and regulatory obligations and for accounting obligations.

The Client has several rights under the GDPR, including:

• A right to information (Articles 12 and following of the GDPR);
• A right of access to data (Article 15 of the GDPR);
• A right to rectification (Article 16 of the GDPR);
• A right to erasure (or the “right to be forgotten” in Article 17 of the GDPR);
• A right to restriction of processing (Articles 18 and 19 of the GDPR);
• A right to data portability (Article 20 of the GDPR);
• And a right to object (Article 21 of the GDPR).

The data subject may exercise their rights:

• Either by mail at the following address: SAS FLYING FOX, Rue de la croix de Pierre, 73210, Peisey Nancroix;
• Or by email at: supertyrolaplagne@gmail.com 

To exercise their rights, the data subject must be able to prove their identity by any means.

In addition, individuals have the right to file a complaint with the CNIL (French Data Protection Authority) and also to organise the fate of their data after their death (specific to French legislation). For more information, you can consult the CNIL website at the following address: https://www.cnil.fr.

ARTICLE 12 – COOKIES USED BY THE SERVICE PROVIDER 

12.1 – Functional Cookies
Functional cookies are necessary for the proper functioning of the Website and/or compliance with a contractual obligation.
They help implement certain features such as sharing content on social media platforms, collecting feedback, and other third-party features.
They improve the user experience and fulfil the user’s request.
These cookies are deemed essential by the CNIL (French Data Protection Authority) because they ensure the website and the application function properly.
They also allow users to use the main features of our services and secure login data.
These cookies do not require the user’s consent.

12.2 – Necessary Cookies
These cookies allow the evaluation and tracking of the technical performance of the site, detecting problems, implementing security features, and detecting violations.
These cookies do not require the user’s consent.

12.3 – Analytical Cookies
These cookies are used to understand how visitors interact with the website. They provide information about metrics such as the number of visitors, bounce rate, traffic sources, etc. Their use helps improve the interest and usability of the services offered.
If the user refuses the implementation of these cookies, there will be no impact on the use of the site. However, refusing these cookies will prevent our company from improving the quality of services offered to the user.

ARTICLE 13 – CLAUSE OF ABSENCE OF TACIT WAIVER

When the parties do not invoke or delay in invoking a clause of this contract, there is no tacit waiver, so it cannot be interpreted as a waiver of the right to invoke such a clause in the future.

Similarly, any tolerance regarding the application of the clauses in these Terms cannot, regardless of its duration or frequency, be considered as a modification or removal of these clauses.

ARTICLE 14 – MANDATORY PRELIMINARY MEDIATION

In accordance with the provisions of articles L. 611-1 and following, and R. 612-1 and following of the Consumer Code, in the event of a dispute relating to the execution of these General Terms and Conditions of Sale, the Client has the option to use a consumer mediator free of charge for the amicable resolution of the dispute.

Before any legal action, the Client agrees to attempt an amicable resolution by using the mediator to whom the Company is affiliated. The contact details of the mediator are as follows:
CNPM Médiation Consommation – Consumer Dispute Resolution, Tel.: +33 (0)9 88 30 27 72, https://www.cnpm-mediation-consommation.eu/

The consumer mediator can be contacted by the Client after an initial written request to the Service

Provider, within one (1) year of the complaint.

If mediation fails within one (1) year of its initiation, or if one of the parties refuses to participate in the mediation process, each party will be free to take the matter to the competent courts.

ARTICLE 15 – JURISDICTION AND APPLICABLE LAW

In the absence of an amicable settlement and in the event of a dispute arising from this contract, including any issue concerning its validity, interpretation, execution, breach, termination, or the consequences of its nullity, the courts of the Client’s jurisdiction will be competent.

This contract and any actions arising from it will be governed by French law.

ARTICLE 16 – CLIENT’S ACCEPTANCE

The Client expressly agrees to and accepts these General Terms and Conditions, acknowledging having full knowledge of them, and therefore waives any reliance on any other documents, except specific quotes and/or particular conditions, whose provisions may be contrary, and which will not be enforceable against the Service Provider, even if the Client has knowledge of them.

The provisions of these Terms replace any previous information communicated or disseminated via advertisements, presentations, brochures, etc.