Legal Notice

 

 

The services are delivered from :

FLYOPS, a simplified joint stock company with a capital of 150 000 euros, whose headquarters are located at 14 Allée des Acacias, 33700 Mérignac, France, registered in the Register of Trade and Companies of Bordeaux under number 511 679 896, duly represented by Mr. Xavier Joussaume as Chairman,

(hereinafter « FLYOPS »)

Contact email : contact@flyops.net

 

 

 

 

 

PURPOSE OF THE T & Cs

These T & Cs define the applicable contractual framework and the conditions applicable when Services are ordered by Customers in the context of the operation of their aircraft.

They may be supplemented by specific conditions, for optional or negotiated services that the Client has chosen which describe the particular situation of the Client concerned. These specific conditions may then derogate from these general conditions.

These general conditions define the services that FLYOPS SAS provides to customers within the framework of the operation of their aircraft(s).

The corresponding prices and their terms of application are specified in the appendix attached to the general conditions of sale or on the customer contract or the service estimate according to the specific conditions negotiated with the customer.
Article 1 – Definitions

• “BH (Business Hours)“: refers to the time period from 8:00 am to 6:00 pm in local time in France, from Monday to Friday, except for statutory public holidays in France.

• “Client“: refers to the legal or natural person who registers on the Application to order Services from FLYOPS.
• “NWH (Non-Working Hours)“: refers to any time period other than those defined in BH in local time France, on Saturdays, Sundays, and statutory public holidays in France.
• “Online Order“: refers to the action carried out by a User to order Services via the Application.
• “Services“: refers to the flight and ground support services offered by FLYOPS to its Clients.
• “Suppliers“: refers to the various service providers, whether or not they belong to the aeronautical sector, acting on behalf of FLYOPS for the benefit of the Clients (e.g., handlers, fuelers, hotels, airports, caretakers, caterers, transports, freight, and any other suppliers).
• “Third Party Client“: refers to the natural or legal person designated by the Client and acting on its behalf to benefit from the Services provided by FLYOPS. In the event of the appointment of a Third-party Client, the Client remains the holder of the rights and obligations between FLYOPS.
• “User“: refers to the natural or legal person using the Application.

Article 2 – Conditions of subscription for services’ sale contract

The establishment of a contract for the sale of services or an estimate is mandatory between the customer and FLYOPS SAS for all forms of service provision.

2.1 – Modalities

This service sales contract must include certain information necessary for the identification and monitoring of the aircraft considered by FLYOPS SAS such as: type, take-off weight, base assignment, colour, markings, and registration of the aircraft. The name, address, nationality of the owner of the aircraft and his contact details as well as any other data and information deemed necessary by either party for the proper coordination of services. the duration of the contract as well as its method of renewal are indicated in these present general conditions of sale.

2.2 – Supporting Documents

FLYOPS SAS reserves the right to request any supporting document concerning the service sales contract in order to check the information presented by the customer. In this case, the customer must provide the requested documents within the time limits specified by FLYOPS.

In the event of failure to present supporting documents, FLYOPS SAS reserves the right to refuse any request for a service and in this case cannot be held responsible for any damage suffered by the customer.

2.3 – Reporting errors and erroneous information

FLYOPS SAS cannot be held responsible for declaration errors or incorrect information provided by the customer, and which would affect the smooth running of the services.

2.4 – Information’s update

The information indicated by the customer in the contract for the sale of services must be updated as soon as they become aware of their modifications. FLYOPS SAS must then be informed within 7 days of these modifications. This period does not apply if the information to be updated is immediately necessary for the service to be provided by FLYOPS SAS. In the event that no modification occurs during the course of the contract, an update of the information must be carried out by the customer at least every year, on the date of renewal of the contract concerned, using the “Form update ”annexed hereafter.

2.5 – Security deposit and surety

When it is expected or necessary to secure a guarantee or a surety of any kind whatsoever, the customer must comply with this clause subject to being refused the services concerned by these provisions without claiming a sustained loss of FLYOPS SAS.

2.6 – Duration of the contract and renewal

• The duration of a contract for the sale of services on a subscription basis is set at one year, renewable by tacit agreement, except under special negotiated conditions.
• The on-demand service is subject to a direct service sale. These general conditions of sale apply in full.

Article 3 – FLYOPS’ Services

3.1 – Access to services

FLYOPS implements the technical and human resources to deliver to the Client all the Services necessary for the preparation, monitoring and ground handling support relating to its flights.

Access to the Services and flight preparation requests may be made through phone call, via FLYOPS’ App and through email written in sales contract between FLYOPS SAS and the customer. Such access to the Services will be provided 24 hours a day throughout the year. FLYOPS may use any Supplier, directly or by subcontracting, to deliver the Services chosen by the Client, subject to the necessary notice period to be provided to them and applicable timing for delivery of the Services by such subcontractors.

3.2 – ‘’Flight Support et Flight Dispatch’’ Services

The services are detailed in the price list appended to these T & Cs.

3.4 – Other services

The services not provided for in these documents or the appendices relating thereto may be the subject of a specific study by FLYOPS SAS and to the extent that they can be delivered to customers and will be invoiced in addition.

3.5 – Flight files delivery and information

The flight records will be delivered primarily on Internet email. The customer must provide an email address and / or webmail in the contract of sale in order to have his flight records from his computer or any other computer or laptop (via webmail). In case of temporary impossibility to use an email, the FAX shipping solution will be preferred, the customer must then indicate, at the present time, the international call number of the fax station on which he wishes to receive his file. flight.

However, it is still possible to communicate a reduced amount of information by Text message (SMS) or by voice call, whether it is a customer request or a delivery of information from FLYOPS SAS. In this case, FLYOPS SAS cannot be criticized for the restricted nature of this information. Some of these deliveries may be subject to additional invoicing.

Article 4 – Price

4.1 – Price structure

The prices of the Services provided by FLYOPS are established according to the type of aircraft, the Services subscribed and the geographical area which is overflown by the aircraft.

4.2 – Price supplements

Several provisions are provided for in the event of an overrun in relation to the Services ordered or of a particular use, whose terms and conditions are set out in the current prices list, in particular:

• Some Services and operator’s intervention in BH and during NWH are subject to additional invoicing;
• Communications ;
• Payments made on behalf of the Client;
• Fuel supply management ;
• Coordination of Supplier/Client Services.

4.5 – Prices change

Price changes are applicable during the execution of the contract and brought to the attention of customers one month before their entry into force. The customer may terminate his contract on the occasion of modifications by FLYOPS SAS up to a period of 2 months after the entry into force of the price changes, by LR / AR with FLYOPS SAS 14, Allée des Acacias 33700 Mérignac

Article 5 – Terms of payment

5.1 – Invoicing

The sums due for the provision of the Services are invoiced, with any potential annexes that may be attached, which are sent to the Client. FLYOPS can also issue intermediary invoices. Invoices are payable upon receipt.

5.2 – Invoices’ term of payment

The invoiced amounts are due upon receipt of the invoice. The deadline for reception of the payment by FLYOPS is specified on the invoice. Failure to meet such deadline will result in the application of penalties provided for in Article 6.

5.3 – Limitation period

The limitation period for customer debt is one year.

5.4 –Invoices and expenses on behalf of the Client

FLYOPS may pay certain invoices or expenses on behalf of the Client and issued by a third party in respect of the Services provided to the Client. These invoices will be subject to an additional billing.

5.5 –Fuel supply management

FLYOPS can propose its clients the management of fuel supply at stopovers in addition to the Services provided to the Client. This management must be the subject of a specific and complementary quote concerning one or more Services. FLYOPS’ remuneration for this management is fixed in the fuel supply agreement.

Article 6 – Invoice payment failure

6.1 – Surcharge for late payment

A surcharge for late payment is applied to amounts remaining due on the payment deadline indicated on the invoice. This surcharge is equal to the ECB’s legal interest rate + 10 percentage points. It is calculated per period of fifteen indivisible days and includes a minimum collection of 40 euros as a penalty.

6.2 – Suspension and termination by FLYOPS

In addition, FLYOPS may suspend, after sending a formal notice that has remained without effect, all or part of its Services in the event of non-payment of an invoice within 15 days from the due date for payment. Payment of the Services remains due during the suspension period of the Services. FLYOPS may also delete a client account automatically after sending a formal notice to pay which has remained without effect for a period of 30 days after the date of presentation or filing of the notice of pending proceedings. FLYOPS may then automatically delete the Client account without further notice if the notice has always remained ineffective after a period of 30 days after the suspension of the Services.

Article 7 – Condition for order cancellation

7.1 – Cancellation attributable to FLYOPS

If FLYOPS cancels the Services ordered, FLYOPS undertakes to reimburse the Client for the full estimated Price of the Services.

7.2 – Cancellation attributable to the Client

If the Customer wishes to cancel his Order after validation by FLYOPS, he has the possibility of doing so according to the conditions below :

	Cancelation up to more 72 hours before flight departure time		Cancelation up to more 48 hours before flight departure time		Cancelation less than 24 hours before flight departure time
Services	Due amount on quotation or estimate
Handling Services	0%	50%		100%
Flight Pack	0%	50%		100%
Hotel / Transport	0%	50%		100%
GENDEC	0%	50%		100%
Catering	50%	100%		100%
Authorization and permit	100% of the cost of the country’s civil aviation authority if applicable + Unitary cost from price list € HT per authorizations (annex)
Fuel	At cost + 5%

Article 8 – Obligations of the parties

8.1 – FLYOPS SAS’ Obligation

FLYOPS is bound by an obligation of means when delivering its Services.

8.2 – Customer’ obligation

Le client contracte une obligation d’information nécessaire à la délivrance des prestations par FLYOPS SAS en respect du préavis indiqué dans l’article 7.3.

The Client undertakes to provide FLYOPS with all of the information which are necessary to deliver the Services in accordance with the specified notice period. The minimum notice period required by the Client to place an online Order is one (1) hour. It relates to the legal time for filing a flight plan. A longer notice period must be planned by the Client and depends on the different legal, regulatory, and technical provisions of the territories, airports and countries overflown or used. It is therefore the Client’s liability to confirm to FLYOPS, as soon as possible, the Services that the Client wishes to have delivered.

The Client or the Third-party Client is liable for compliance with the rules and procedures in force and for the usual technical, operational, or commercial checks to be carried out by the crew and/or passengers, the Client or the third-party Client and concerning both the aircraft and the airspace, national territories and airports overflown or used.

The Client or the Third-Party Client (pilot in particular) are fully liable for the use of the information, reservations and other Services provided by FLYOPS in accordance with the regulations and procedures in force.

Article 9 – Liability

9.1 – FLYOPS SAS’ liability

FLYOPS is liable for setting up the technical means necessary to deliver the Services to the Client and/or the Third-party Client. However, it cannot be liable in the following cases:

• Failure to comply with the rules and procedures in force and the usual technical, operational, or commercial checks to be carried out by the crew and/or passengers, and/or the Client and/or the Third-party Client and concerning both the aircraft and the airspace, national territories and airports overflown or used;
• For Services provided by third parties and Suppliers;
• In the event of non-compliance by the Client with its obligations;
• In case of force majeure, as defined in Article 15.

If FLYOPS is liable, its liability shall be limited to the total price of the Services provided to the Client and which would be relevant to the assessment of the damage allegedly suffered by the Client.

With respect to the Services provided by Suppliers selected by FLYOPS on behalf of the Client, the Client is aware that the liability of suppliers involved in ground handling services will be limited in accordance with Article 8 of the IATA standard agreement as regards ground handling services of 2018 (SGHA, Standard Ground Handling Agreement). The amounts withheld for their liability are based on the applicable aviation insurance standards and include the following (extract from SGHA 2018):

AIRCRAFT TYPES AND LIABILITY

Jets

USD 1 000 000 000

B747, B757, B767, B777, B787, DC-10, MD11, A300, A310, A330,

A340, A350, A380

USD 750 000

B717, B737 Series, MD80 Series, MD90 Series, A320 Series

USD 500 000

BAE146 (AR8/AR100), C150/C300, Embraer 170, Embraer 190,

all other western built airline jets not mentioned otherwise

USD 250 000

Embraer 145, Canadair RJ

USD 75 000

Cessna Citation, Fan Jet Falcon, Learjet 35/60, Dassault Falcon 20F

USD 50 000

Embraer 120

1 % of aircraft value, subject to a minimum of USD 50 000

Business Jets

Turboprops

USD 100 000

Fokker 50, F27, FH-227, ATR42, ATR72, Saab SF340, Saab 2000,

DHC7, DHC8, BAe ATP, Shorts SD330, Shorts SD360

USD 50 000

Embraer Brasilia-Dornier Do-228, Kingair 350, Jetstream 41

USD 25,000

DHC 6, Piper PA 31T, Swearingen Metro, King Air Cessna Conquest,

Jetstream 31, Embraer Bandeirante

1 % of aircraft value, minimum USD 5 000

Light twin engined Propeller Aircraft

1 % of aircraft value, minimum USD 2 500

Light single engined Propeller Aircraft

Helicopters

5 % of aircraft value, maximum USD 100 000

9.2 – Customer’s liability

The minimum notice period that should be respected by the Client to place an online Order is one (1) hour. It relates to the legal time for filing a flight plan. A longer notice period must be planned by the Client and depends on the several legal, regulatory, and technical provisions of the territories, airports and countries overflown or used. It is therefore the Client’s liability to confirm to FLYOPS, as soon as possible, the Services that he wishes to order.

The Client or Third-Party Client is liable for compliance with the rules and procedures in force and for the usual technical, operational, or commercial checks to be carried out by the crew and/or passengers, the Client or the Third-Party Client and concerning both the aircraft and the airspace, national territories and airports overflown or used.

The Client or the Third-Party Client (pilot in particular) are fully liable for the use of the information, reservations and other Services provided by FLYOPS in accordance with the regulations and procedures in force.

Article 10 – Force majeure

In addition to those provided by French law and case law, the following are considered to be cases of force majeure or fortuitous events: exceptional bad weather, natural disasters, floods, fires, lightning, phenomena of electrical or electromagnetic origin, strikes, attacks and, more generally, events requiring the application of local or national plans and any other event of force majeure or fortuitous event as provided by French law and case law.

Article 11 – Suspension – Termination of the contract

11.1 – Suspension – termination of the contract by FLYOPS SAS

Apart from the cases provided for in Article 6, FLYOPS SAS may suspend the provision of its services if the customer does not comply with one of the obligations arising from the contract. In the event of errors in the information provided by the customer concerning him, the suspension will not be implemented if the customer informs FLYOPS SAS thereof within fifteen days. This period does not apply if the incorrect or missing information is immediately necessary for the service to be provided by FLYOPS SAS. The suspension of services may then take place after formal notice, by registered letter with request for acknowledgment of receipt, which has remained ineffective for a period of fifteen days after the date of presentation or filing of the notice of appeal. FLYOPS SAS can then automatically terminate the contract without further formal notice if the formal notice has still remained ineffective after a period of fifteen days after the suspension of services.

11.2 – Termination of the contract by the customer

The customer may automatically terminate his contract for the sale of services subject to a notice period of three months before the expiry date of the contract, sent by registered letter to FLYOPS SAS 14, Allée des Acacias 33700 Mérignac.

11.3 – Effects of termination

The termination of the sales contract, before the end of the package or the service concerned, automatically entails full payment of the price and accessories due to FLYOPS SAS and signed during the contract. The sums owed by the customer are then immediately payable.

 

Article 12 – Complaints

If the Client makes a complaint, he or she must bring it to FLYOPS’ attention in writing (simple letter or email) within fifteen (15) days from the date of the dispute. FLYOPS undertakes to answer to the Client in writing, within fifteen (15) days of receipt of his letter, of the resolution and/or processing of his complaint.

Article 13 – Litigation

13.1 – Amicable settlement

FLYOPS and the Client shall undertake to attempt to settle amicably any dispute relating to the interpretation and/or execution of these T&Cs, before applying to any court.

13.2 – Governing law and jurisdiction

The T&Cs, and any extra-contractual obligation arising from the T&Cs or the use of the Application, shall be governed by and interpreted in accordance with French law.

Users and Clients undertake to make their best efforts to settle their disputes amicably. If no amicable solution is reached between the parties within one (1) month, any dispute relating to the present T&Cs shall be submitted to the exclusive jurisdiction of the competent French courts to which each of the parties expressly grants jurisdiction.

Article 14 – Data protection

14.1 – Confidentiality clause

FLYOPS SAS undertakes not to disclose any customer information to a third party.

However, the transmission of information and personal data concerning the customer, and / or the third-party customer, and / or passengers and / or any other person benefiting from the services of FLYOPS SAS can be carried out by unsecured vector such as telephone, internet. , mail, fax. In this case, FLYOPS SAS cannot be held responsible for the possible disclosure or misappropriation of the customer’s personal information by third parties, and which are necessary for the delivery of the services.

14.2 – Data Protection Act

In accordance with the Data Protection Act n ° 78-17 of 06/01/1978 as amended, you have the right to access, modify and delete personal information concerning you. You can exercise these rights by contacting us at the contact details mentioned in article 15.