Terms and conditions of sale
Definitions
For the purposes of this agreement, the following terms shall have the following meanings whenever they are capitalized. Words importing the singular number shall include the plural unless expressly stated otherwise.
HBG: refers to HBG France, a public limited company with its registered office at 19 rue Germain Sommeiller, Aérodrome d'Annemasse, 74100 Annemasse, France, with a share capital of €7,191,734.96 and registered with the Registre du Commerce et des Sociétés de Thonon-les-Bains under number 320 228 570. It holds an Air Carrier Certificate No. FR.AOC.0038.
Customer: means the person purchasing a good or service from HBG via the Platform.
GTC: means the General Terms and Conditions of Carriage included in the General Terms and Conditions.
GCU: refers to the general terms and conditions of use of the Platform.
GCS or General Terms and Conditions of Sale: means these General Terms and Conditions of Sale.
Passenger: means the person in possession of a fare-paying ticket issued by HBG and carried by it.
The Party: refers indifferently to HBG, the Passenger or the Customer.
The Parties: means together the Customer and/or the Passenger and HBG.
Platform: refers to the Heligo.aero online platform on which the booking of the Service is made.
Service: refers to the helicopter transport service purchased by the Customer from HBG.
The User: refers to the person browsing the Platform.
Scope of application
The T&Cs apply whenever a contract is concluded between the Customer and HBG via the Platform.
The Customer declares and accepts that he/she has read and accepted the GTC before placing an order.
The conclusion of the contract implies unreserved acceptance of the GTC.
Availability of the GTC
The General Terms and Conditions of Business may be accessed at any time on the Platform.
HBG reserves the right to amend the terms of the GTC and/or the TTC at any time.
Conclusion of the Contract
The Customer places an order on the Platform
HBG does not accept orders from minors. HBG reserves the right to cancel any order placed by a minor.
The contract is concluded once payment has been made and accepted. The Customer will then receive a validation email together with the ticket.
Buying a Service
Panoramic flight
When purchasing a panoramic flight, the Customer buys a gift voucher.
The purchase of a gift voucher consists of paying for a panoramic flight for an unspecified date. The gift voucher is valid for 2 (two) years from the date of purchase.
Depending on the type of panoramic flight, the gift voucher corresponds to a seat or a full reservation of the helicopter. In cases where the flight is sold by the seat, the helicopter must be full for the flight to take place. The gift voucher cannot be cancelled or refunded, but can be passed on if the customer is unable to make the flight.
Gourmet flight
When purchasing a gourmet flight, the Customer buys a gift voucher.
The purchase of a gift voucher consists of paying for a gastronomic flight for an unspecified date. The gift voucher is valid for 2 (two) years from the date of purchase.
The gourmet flight corresponds to the reservation of a helicopter, the number of seats for which is indicated when the order is placed. It consists of a flight from a base to the dining area, a stopover for the tasting and the return flight to the base. The gift voucher cannot be cancelled or refunded, but can be passed on if the customer is unable to make the flight.
The price of the meal for the Passengers and the pilot is not included in the Service sold by HBG.
Introductory flight
When purchasing an introductory flight, the Customer purchases a gift voucher.
The purchase of a gift voucher consists of paying for an introductory flight for an unspecified date. The gift voucher is valid for 2 (two) years from the date of purchase.
The introductory flight consists of a briefing with the pilot instructor, followed by a flight in which the Passenger takes control of the helicopter. The gift voucher cannot be cancelled or refunded, but can be passed on if the customer is unable to make the flight.
Transfer
A transfer flight is a private flight enabling the Customer to book a helicopter to transport him/her from one place to another.
To obtain a quote for such a flight, the Customer must complete the form detailing the Service required.
Gift Card
The gift card is valid for 24 months from the date of purchase on all our products, including promotions, available on the Heligo.aero online booking platform.
The gift card can be used in one or more instalments. In the second case, the customer will receive by email a new code number to use corresponding to the amount of the remaining credit for future use. This new code will not extend the initial period of validity. The gift card cannot be cancelled or refunded.
Prices
Prices are in euros and include all taxes.
Payment
Validating the order implies the Customer's obligation to pay the price of the order.
The Customer pays the price at the time the order is placed on the Platform.
The Customer uses the secure payment method of their choice from those offered on the Platform.
Force majeure
Cases of force majeure or events that make it impossible or difficult for the Parties to fulfil their commitments may result in the Contract being terminated, modified or suspended, without either Party being entitled to claim compensation or damages from the other.
In the case of gift vouchers, if the Customer is unable to travel due to Force Majeure, his or her ticket will remain valid for the specified period if he or she provides proof of this Force Majeure. Depending on the circumstances, it may be possible to extend the duration of the ticket by 3 (three) months for gift vouchers.
Other Services will be postponed to a later date if possible.
Personal details
For the proper performance of the Service, it is necessary for HBG to collect some of the Passenger's and/or Customer's personal data, in particular for the processing of their order or the preparation of invoices. Personal data may be used for the purposes of canvassing, building customer loyalty, sales promotion and information or carrying out statistical studies.
The Customer must provide accurate data for the proper performance of the contract.
This personal data may be communicated to any of HBG's partners responsible for the execution, processing, management and payment of orders.
In addition, this personal data may also be used to facilitate the completion of administrative formalities relating to immigration and entry into France, to prevent non-payment and to combat fraud, as well as to ensure the safety and security of flights.
In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, you have an individual right to access, withdraw and rectify data concerning you, which you may exercise by writing to : HBG France, 19 rue Germain Sommeiller, Aérodrome d'Annemasse, 74100, Annemasse or by email to marketing@hbg-group.aero .
Right of withdrawal
In accordance with the provisions of the French Consumer Code (in particular Articles L221-2 and L221-28 of that Code), the transport services offered by HBG are not subject to the right of withdrawal.
Complaints
Passengers should send any complaints to the customer service department by post (HBG France, 19 rue Germain Sommeiller - Aérodrome d'Annemasse, 74100, Annemasse) or by e-mail to info@mbh.fr, quoting the reference number and date of their order. Any complaint must reach HBG within a maximum of 3 (three) months from the date on which the Service was provided, by registered letter with acknowledgement of receipt.
Severability clause
Each clause is independent. If any provision of the GCS is or becomes legally invalid, inapplicable or illegal, this shall not affect the validity of the other provisions. The parties will agree new provisions that reflect as closely as possible the purpose of the original provisions that have become unenforceable.
Applicable law and competent court
The applicable law is French law.
In the event of a dispute, the consumer Customer may refer the matter free of charge to a consumer mediator as provided for in article L612-1 of the French Consumer Code.
Any dispute that cannot be settled amicably between the Parties who are not consumers within the meaning of the Consumer Code shall be submitted to the Commercial Court of Thonon-les-Bains.
General Terms and Conditions of Carriage (GTC)
Scope of application
The GTC apply whenever a Passenger requests the performance of a Service from HBG.
The GTC form an integral part of the GCS.
Type of helicopter
The type of helicopter chosen when the order is placed is not binding on HBG. It may, at any time and without prejudice to the Passenger, substitute another equivalent aircraft. Such a change will not result in a price change for the Customer.
Authority of HBG
HBG personnel (pilot, flight crew, ground staff) have full authority to give instructions to Passengers.
If, for safety reasons, the behaviour and/or attitude of a Passenger (in particular aggressiveness, intoxication, inappropriate behaviour, etc.) is likely to jeopardise the safety of HBG's transport services, HBG is entitled to refuse the Passenger boarding and carriage. In this case, the Passenger will not be entitled to any refund.
While on board the aircraft, Passengers must not behave in a way that is likely to cause discomfort, inconvenience, threaten or endanger any person(s), property or the aircraft itself. In this respect, Passengers must not prevent the crew from carrying out their duties and must comply with the crew's instructions and recommendations aimed at ensuring the safety and security of the aircraft, the smooth operation of the flight and the comfort of the other passengers.
Smoking and vaping are strictly prohibited on board the aircraft. HBG may limit or prohibit the consumption of alcohol on board.
Passengers who do not follow these instructions are liable for the consequences of their actions.
HBG reserves the right to refuse carriage to any person who has obtained a ticket in breach of applicable laws, fares and/or the GTC, without prejudice to the person concerned.
Pick-up procedure
Passengers must comply with the pick-up procedures and times indicated in the order confirmation, in the GTC, in the TMC and/or on their ticket.
If the procedure (including in particular the timetables or time slots) is not complied with by the Passenger, and has the effect of preventing pick-up under the conditions provided for, HBG may not be held responsible for the non-performance of the Service.
Delay, Cancellation and Modifications
On HBG's part
In the event of delay by HBG through its fault, the Passenger must allow HBG appropriate time. Claims for damages are only possible if the delay is due to gross negligence on the part of HBG. Only direct damage can be compensated. Any other claim for damages is expressly excluded.
A change to the itinerary or programme at HBG's initiative during the flight for technical, operational or meteorological reasons does not entail any additional cost for the Passenger.
If HBG has to interrupt the Service for a technical reason, the Service will be postponed to a later date without prejudice to the Passenger or the Customer.
HBG reserves the right to cancel the Event at any time for technical, meteorological or operational reasons, an insufficient number of Passengers or for other reasons beyond its control. If such a cancellation occurs, the Passenger will not be entitled to claim any damages.
If the flight is cancelled through no fault of the Passenger, the Service will be postponed to a later date without any prejudice.
Due to the Passenger
The Passenger must arrive no later than 30 (thirty) minutes before the flight time. After this time, the Service is no longer guaranteed by HBG without prejudice to the Passenger.
For panoramic flights, gastronomic flights and introductory flights, any modification or cancellation, even partial, of a firm and definitive reservation by the Passenger may be notified to HBG by any written means no later than 10 days (ten days) before the scheduled time of the Event. In the event of a late cancellation, i.e. a cancellation occurring less than 10 days (ten days) before the Event, including in the event of a no-show at the time of departure, the Event is deemed to have been performed and the Customer may not claim any refund.
For transfer flights, any modification or cancellation, even partial, of a firm and definitive reservation by the Passenger may be notified to HBG by any written means no later than 120 hours (one hundred and twenty hours) before the scheduled time of the Event. Any cancellation, even partial, after this time will give rise to the payment of a penalty to HBG by the Passenger as follows:
- Cancellation between 120 hours and 48 hours before the Event: 25% of the price of the Event
- Cancellation between 48 hours and 24 hours before the Event: 50% of the price of the Event
- Cancellation within 24 hours of the Event: 100% of the price of the Event
Liability
HBG is liable for damage to baggage and personal injury in accordance with the relevant international regulations (Montreal Convention and Regulations (EC) No 2027/97, (EC) No 889/2002, (EC) No 785/2004 and (EC) No 285/2010).
To the extent permissible, liability is limited to gross negligence or wilful misconduct.
HBG's liability is limited to damage occurring in the course of the flight undertaken for it or on its behalf.
HBG's liability shall not exceed the amount of proven direct material damage and HBG shall in no way be liable for indirect damage or any form of non-compensatory damage.
HBG may be released from any liability insofar as it can prove that the Passenger or a third party has caused the damage or contributed to it through a breach of its obligations or through other unlawful acts or omissions.
In the event of death or personal injury, HBG is liable for the damage suffered up to a maximum of 128,821 SDR (one hundred and twenty-eight thousand eight hundred and twenty-one Special Drawing Rights) per Passenger. Above this amount, it is liable for the damage suffered if it cannot prove that the damage is not due to a breach of duty or to another unlawful act or omission committed by its employees or agents or that the damage is exclusively due to the breach of duty committed by a third party.
In the event of death or personal injury, HBG will provide immediate financial assistance within 15 (fifteen) days to the persons identified as entitled. In the event of death, this amount is at least 16,000 SDR (sixteen thousand Special Drawing Rights).
Liability for damage suffered in the event of destruction, loss or damage to Checked Baggage is limited to 1,288 SDRs (one thousand two hundred and eighty-eight Special Drawing Rights) per Passenger. If the Passenger has declared a higher value at the time of booking and has paid the corresponding supplement where applicable, liability extends up to the amount indicated, provided that HBG does not prove that this amount exceeds the declared value. HBG shall not be liable for loss or damage due to the special nature of the baggage or to a defect inherent in the baggage.
Liability for damage in the event of transport delays is limited to 5,346 SDRs (five thousand three hundred and forty-six Special Drawing Rights) per Passenger and 1,288 SDRs (one thousand two hundred and eighty-eight Special Drawing Rights) per item of Baggage. HBG may avoid this liability by proving that it, its employees and agents took all reasonable measures to avoid the loss or that it was not possible for them to take such measures.
The payment of these advances or prepayments does not constitute an admission of liability. These sums may be deducted from the amounts paid subsequently by the air carrier by way of compensation depending on its liability.
Any liability action must be brought, on pain of forfeiture, within two (2) years of arrival at destination, or of the day on which the aircraft was due to arrive, or of the cessation of carriage. The method of calculating the period shall be determined by French law.
Limitation of liability
HBG will not be held responsible for changes to the itinerary, timetable or type of helicopter and more generally for any non-performance or delays imposed by weather conditions, technical conditions or any other case of force majeure.
Under no circumstances will HBG be liable for any indirect and/or consequential loss or damage suffered by the Passenger as a result of its actions.
HBG is not liable for any costs that the Passenger or the Customer may incur (such as hotel or travel costs) even in the event of postponement or cancellation of the Event.
The exclusions or limitations of HBG's liability shall apply to and benefit its agents, servants or representatives as well as any person whose aircraft is used or chartered by HBG to perform the Service, as well as the agents, servants or representatives of such person.
The times indicated are not guaranteed by HBG. HBG may, without notice, substitute other carriers, use other aircraft and may modify the times indicated or the time slots communicated to the Passenger.
HBG cannot in any way be held liable for damage resulting from HBG's compliance with any legal or regulatory provisions (laws, regulations, decisions, requirements and provisions) or from the Passenger's failure to comply with such provisions.
HBG cannot be held liable for damage to unchecked Baggage, unless such damage results directly from the fault of HBG, one of its employees or agents, which fault must be proven by the Passenger who invokes it.
HBG shall not be liable for any illness, injury or disability, including the death of a Passenger, due to the Passenger's physical condition, nor for any aggravation of such condition.
Baggage
For panoramic, gastronomic and introductory flights, no baggage is permitted, only small handbags and camera bags, up to a limit of one (1) per Passenger.
Passengers must always inform HBG of the Baggage they wish to take.
In all cases, the Captain is free to refuse to take on board all or part of the Baggage without prejudice to the Passenger.
Certain goods cannot be transported by helicopter due to their nature. For further information on this subject, Passengers may refer to the safety instructions that they may request from HBG.
The following in particular are prohibited
- Objects likely to be a danger to the aircraft, persons or property on board (such as explosives, pressurised gas, oxidising, radioactive, magnetised, flammable, toxic or corrosive substances).
- Items the carriage of which is prohibited by the laws, regulations or instructions of the country of departure or destination
- Objects that HBG considers unsuitable for transport due to their weight, size, shape, odour or nature
- Weapons, knives, edged weapons and aerosols.
Travel documents
Passengers must be in possession of a valid identity document and their ticket.
Conditions for children under 2 years of age without identity papers:
In this case, we ask you to present the family record book or any other official document certifying the child's age at the time of booking and during the flight. This will enable us to check the child's age and guarantee their safety on board our helicopters.
In the event of a flight abroad, the Passenger must have the necessary documents to cross borders (passport, visa). Passengers are responsible for any costs and fines incurred if they are refused entry or exit by an authority.
Passengers aged over 80 or pregnant must present a medical certificate authorising them to take the flight. Failing this, HBG reserves the right to refuse to carry out the Service for the Passenger.