TERMS OF SALES

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1 - IDENTITY

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The websitewww.paramotornouvellecaledonie.com is published by the company INSTINCT Paramotor,
Manager: PETIT THOMAS

Registered with the Chamber of Commerce and Industry of New Caledonia
RIDET: 1,560,291

Address: BP 376 98830 DUMBEA

Such. : +376 534199

Email: instinct@paramotor.nc

 

2 - PURPOSE

These conditions of sale are intended to define the contractual relationship between the INSTINCT Paramotor company and the buyer, the conditions applicable to any purchase made through the INSTINCT Paramotor merchant site, whether the buyer is a professional or a consumer. The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these conditions of sale.

These conditions of sale shall prevail over all other general or specific conditions not expressly approved by the INSTINCT Paramotor company, which reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

 

3 - CHARACTERISTICS OF THE SERVICES OFFERED

The products and services offered are those that appear in the shop published on the www.paramotonouvellecaledonie.com website. INSTINCT Paramotor offers training to become a paramotor pilot, first flights in a paramotor, refresher courses, flight discounts, passenger transport, equipment rental.
 

4 -BAPTISM

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The prices listed in the catalog are prices in eurosVAT included or in Pacific Franc (XPF).

Payment can be made in a currency other than that applied in New Caledonia, the conversion will be made at the time of payment with the exchange rate in force.

 

The INSTINCT Paramotor company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated include order processing, transport and delivery costs.

 

INSTINCT Paramotor reserves the right to cancel or postpone a service due to bad weather or force majeure. A message is transmitted by all possible means to prevent the change.

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INSTINCT Paramotor asks you to inform the pilot of the aircraft of any illness or treatment that could affect your safety and that of the pilot. You are responsible for your health. INSTINCT Paramotor reserves the right to cancel your flight if you are not in normal health to be able to fly.

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The pilot can ask you to complete a reciprocal declaration.

 

4.1 - DURATION OF VALIDITY

The validity of the reservation is TWELVE (12) months from the order. INSTINCT Paramotor will offer you possible dates depending on the weather and flight availability.

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4.2 MINOR

INSTINCT Paramotor agrees to accommodate minors provided that their age, their physical and psychological aptitude make it possible to carry out the service under normal conditions. The child must fully volunteer for this activity. Except, during the services reserved for them, minors must be accompanied by at least one of their parents or any other adult person authorized by them.

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4.3 LIABILITY

The company INSTINCT Paramotor is insured for civil liability and individual professional accident with insurance companies covering the passenger and the pilot in the context of a first flight in a paramotor.

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INSTINCT Paramotor cannot be held responsible for the partial or total non-execution of the planned service due to events external to it and in particular in the event of:

– incidents attributable to the participant (delay, absence, error at the meeting place, risky attitude, etc.) 
– incidents attributable to a third party,
– force majeure (unforeseeable and insurmountable incidents or events such as: wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.)

INSTINCT Paramotor cannot be held responsible if you break, lose or drop your personal effects on the take-off platform or during the flight. Any damage to the machine or equipment of the INSTINCT Paramotor company linked to the loss or the fall of one of your personal objects/effects will be at your expense. The pilot's instructions having been to tell you to close your pockets or leave your belongings on the ground during the flight and to leave nothing on the take-off field is your own responsibility.

The customer and his companions will be   only responsible for their personal equipment, such as camera or mobile phone, clothes etc...

A strap is always recommended on this type of activity for shooting, in order to avoid any loss in flight. In the event of the loss of equipment in flight, the sole responsibility of the passenger will remain engaged.

No compensation from  INSTINCT Paramotor can be considered whatever the conditions of loss.

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4.4 CAUTION RULES

As the services take place on board aircraft and on aerodrome platforms (in the air and on the ground), exemplary individual conduct and strict compliance with safety rules are required of each participant.

INSTINCT Paramotor cannot be held responsible for the individual imprudence of one or more participants and/or companions.

INSTINCT Paramotor reserves the right to exclude, at any time, one or more participants whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the offending participant._cc781905-5cde- 3194-bb3b-136bad5cf58d_

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4.5– EXTENSION

 

The reservation can be extended and in the following cases, namely:

 

Beyond 12 months after the date of purchase of your flight, an extension is possible at the rate of 5000F additionals. No refund will be possible after the expiration dates of your order.

Transfer abroad for more than 6 months (professional activity)
Health reasons: pregnancy, medical incapacity for a minimum period of 6 months preventing the beneficiary from carrying out the flight. The beneficiary, subject to sending the supporting documents to INSTINCT Paramotor, may benefit from an extension of the validity period of the gift voucher for an additional period of SIX (6) months in return for the lump sum payment of 2000 F including tax.

The beneficiary is expressly informed that he must make his request and communicate the proof before the end of the period of validity of the said voucher. Payment for the extension must be made before the end of validity of the said voucher.
This extension is only possible once and payable by check, bank transfer or cash.

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4.6 MAKE AN APPOINTMENT

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INSTINCT Paramotor will offer you a date depending on the weather and your availability at the time approximately one to two weeks before the flight. Weather forecasts are never accurate 3 days before the flight. The weather is an unpredictable element that we must take into account until the moment of take off.  Confirmation of the flight is made 3 days before the scheduled date. The weather may change suddenly during these three days, in which case you will be notified and another date will be offered to you.

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Beyond 3 flight dates offered by the company INSTINCT Paramotor (favorable weather and availability of INSTINCT Paramotor to fly), with 3 refusals related to your availabilities, it's up to YOU to contact INSTINCT Paramotor again to make a new date request depending on your availability, the INSTINCT Paramotor company will contact you to make a new appointment.

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4.7 DISTRIBUTION OF IMAGES

INSTINCT Paramotor reserves the right to distribute any photos or videos created during a first flight or any other activity related to the INSTINCT PARAMOTOR company and during an activity related to INSTINCT Paramotor. Because of this, INSTINCT Paramotor will be able to broadcast the images on its website or social networks.
In the event that you do not agree with this, it will be imperative, on your part, to notify the manager of the INSTINCT Paramotor company.

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5 MATERIALS PROVIDED

The materials and equipment provided by INSTINCT Paramotor are:

 

TRAINING

• Complete machine in working order

• Helmet and communication radio

• Adapted veil

• Flight accessories

BAPTISM

• A Driver/Passenger communication headset

• Gloves in case of cold and a warm jacket.

• Glasses if the person does not have them and INSTINCT has them at the time of the service.

LEASE

• See rental contract and general conditions of sale linked to the rental Article 8

 

  They are entrusted to the participant who becomes responsible for them for the duration of the service. Any damage may result in repair or replacement costs. As such, participants are advised to ensure that their personal civil liability insurance policy covers any damage caused during a flight service. The participant is free to use his personal equipment under his own responsibility without however being able to claim any reduction or compensation from INSTINCT Paramotor.

See article 4.3 RESPONSIBILITY for the clauses in the event of loss or breakage of your equipment and that of the INSTINCT Paramotor company.

 

6 - TRAINING

To book a training, registration is done by e-mail: instinct@praraacteur.nc:

• - Upon receipt of your request, we will send you 3 documents to complete and sign:  

  • Paramotor pilot training contract, 

  • Mutual declarations, 

  • Paramotor school regulations.

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• -You must complete the documents and send them to us by post or e-mail. 

• -A confirmation email will be sent to your email address after your registration is finalized. 

• -The reservation of the course is confirmed upon receipt of the deposit (80,000F of the total amount of your reservation). In the event of non-receipt of the deposit within 7 working days, we reserve the right to assign your place to another trainee. 

The confirmation of the order entails acceptance of these conditions of sale, the trainee certifies having a perfect knowledge of them as well as the renunciation to take advantage of these own conditions of purchase or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions. The seller will communicate by e-mail the confirmation of the registered order.

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6.1 PREREQUISITES AND TECHNICAL LEVEL

  Upon registration, each participant acknowledges that they have no contraindication of any kind to practicing the activity.

He also acknowledges having a physical condition and a level of technicality of the corresponding service. INSTINCT Paramotor cannot be held responsible in the event of physical insufficiency revealed during the activity.

The participant acknowledges having completed the reciprocal declaration related to the paramotor activity. Mentioned in article 5.

 

 

6.2 MINORS

INSTINCT Paramotor accepts to train and welcome minors provided that they are over 15 years old and that a declaration of the legal guardian is completed. Thus their physical aptitude makes it possible to carry out the service under normal conditions. The child must fully volunteer for this activity. Minors must be accompanied by at least one of their parents or any other adult person authorized by them during training hours. Federal financial assistance is granted for the training of young pilots. FFPLUM.FR

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6.3 LIABILITY

The company INSTINCT Paramotor and pilots are insured for professional civil liability with insurance companies. However, these civil responsibilities (RC) do not replace the individual civil liability which each participant must hold. An Individual Accident (IA) is not mandatory but is strongly recommended.

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INSTINCT Paramotor cannot be held responsible for the partial or total non-execution of the planned service due to events external to it and in particular in the event of:

– incidents attributable to the participant (delay, absence, error at the meeting place, risky attitude, etc.) 
– incidents attributable to a third party,
– force majeure (unforeseeable and insurmountable incidents or events such as: wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.)

INSTINCT Paramotor cannot be held responsible if you break, lose or drop your personal effects on the take-off platform or during the flight. Any damage to the machine or equipment of the INSTINCT Paramotor company linked to the loss or the fall of one of your personal objects/effects will be at your expense. The pilot's instructions having been to tell you to close your pockets or leave your belongings on the ground during the flight and to leave nothing on the take-off field is your own responsibility.

The customer will be solely responsible for his personal equipment, such as camera or mobile phone, clothing etc...

These conditions are valid for all those accompanying a student pilot.

A strap is always recommended on this type of activity for shooting, in order to avoid any loss in flight. In the event of the loss of equipment in flight, the sole responsibility of the passenger will remain engaged.

No compensation from  INSTINCT Paramotor can be considered regardless of the conditions mentioned above.

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6.4 RULES OF CAUTION

Services taking place on board aircraft and on aerodrome platforms (in the air and on the ground), exemplary individual conduct and strict compliance with the safety rules formulated in the training contract as well as by the pilot are required. to each participant.

INSTINCT Paramotor cannot be held responsible for the individual imprudence of one or more participants and/or companions.

INSTINCT Paramotor reserves the right to exclude, at any time, one or more participant(s) whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the offending participant._cc781905 -5cde-3194-bb3b-136bad5cf58d_

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6.5 DISTRIBUTION OF IMAGES

INSTINCT Paramotor reserves the right to distribute any photos or videos created during a first flight or any other activity related to the INSTINCT PARAMOTOR company and during an activity related to INSTINCT Paramotor. Because of this, INSTINCT Paramotor will be able to broadcast the images on its website or social networks.
In the event that you do not agree with this, it will be imperative, on your part, to notify the manager of the INSTINCT Paramotor company.

 

7– PRICES

 

All services sold by INSTINCT Paramotor are subject to TGC at a rate of:

• 22% on sales of equipment and training

• 11% on baptisms and training

 

On the INSTINCT Paramotor company's website and tariff brochures, the prices of the services are displayed including VAT.

INSTNCT Paramotor reserves the right to modify its prices at any time. The services ordered are invoiced at the price in effect when the order is registered. The rates offered are firm and definitive and include the discounts and rebates that the INSTINCT Paramotor company may grant. No discount will be granted in the event of early payment. At the request of the buyer, he will be sent a paper invoice showing the TGC.

Payment in instalments, for pilot license training, can be requested from INSTINCT Paramotor on an exceptional basis. INSTINCT Paramotor is not obliged to accept. 

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7.1 PAYMENT IN SEVERAL INSTALLMENTS

Payment in installments can be granted for training. You can request this service from the manager who may or may not grant you a payment facility with a schedule. INSTINCT Paramotor is not obliged to make this payment but will study any request carefully. The conditions according to each request will be studied at the time of the request.

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8 - EQUIPMENT RENTAL

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8;1 RENTAL AND CONTRACT

The rental is subject to a rental contract that the INSTINCT company will provide you with at the time of booking and will ask you to read it and sign it to be in full agreement. If you are not in agreement with this contract and the regulations that follow, the rental cannot be made. There are two types of contracts, one for out-of-school pilots and one for licensed passenger pilots.e. A deposit check is requested, as well as supporting documents to validate the conformity of the check. Payment for the "INSTINCT student" and "Visiting pilot" packages must be made before picking up the equipment.

The rental is nominative. It cannot be shared by several pilots.

Contact INSTNCT Paramotor to request the specific clauses of the rental contract.

 

8.2 RENTAL RATE

The price is in Pacific Franc but payment can be made in a different currency. The conversion will be made on the day of the transaction.
 

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9 - RESERVATION AND TERMS OF PAYMENT

To be taken into account, a reservation must be made on the website, by e-mail, by telephone or by mail addressed to the company INSTINCT Paramotor. If the customer places his reservation on the website, the order is validated when the customer activates the payment of his reservation after having accepted the present conditions of sale. If the customer places his order in writing or by e-mail, the general conditions of sale will be accessible on the website www.paramotonouvellecaledonie.com. The payment is the proof of the customer's acceptance.

Payment must be made at the time of booking by credit card, check, cash, bank transfer. The order is declared definitive after registration of the payment by the INSTINCT Paramotor company. In the event of payment by cheque, this must be sent by post within 7 working days, specifying your order number.

The order is confirmed by e-mail, upon receipt of the total amount including VAT of the order, the INSTINCT Paramotor company issues an invoice. Under no circumstances may the payments due to the INSTINCT Paramotor company be suspended or subject to any reduction or compensation without written agreement from INSTINCT Paramotor.

The data recorded by the INSTINCT Paramotor company constitutes proof of the nature, content and date of the order. This is archived by INSTINCT Paramotor under the legal conditions and deadlines; the client can access this archive on request.

 

10 - WITHDRAWAL

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10.1 NEW EQUIPMENT

Buyers of new equipment and paramotor accessories, non-professional individuals, benefit from a withdrawal period of 14 days from the delivery of their order to return the product to the seller for exchange or refund without penalty, excluding return shipping costs.

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10.2 TRAINING, DEVELOPMENT COURSE, HIRE

Please note that INSTINCT Paramotor is not obliged to make a refund.

INSTNCT Paramotor alone is responsible for making the decision to refund or apply cancellation fees. Each situation will be studied.

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Any notification of cancellation must be made by any means allowing an acknowledgment of receipt to be obtained. In all cases, in the event of validation and payment, INSTINCT Paramotor, if this decision is adopted, charges cancellation fees calculated on the total price including tax of the service and varying according to the date of cancellation, according to the conditions below.

- 20% of costs beyond 21 days in advance of the start of training or internship, 

- 40% fee if cancellation 21 days in advance of the start of training or internship, 

- 60% fee if cancellation the day before the start of training or internship.

 

10.3 BAPTISM

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In any case, in the event of validation and payment of your service, INSTINCT Paramotor is under no obligation to make a refund.

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In case of bad weather conditions, only on decision of INSTINCT Paramotor, the excursion can be canceled, postponed, or even refunded but only INSTINCT Paramotor takes this decision. 
You will be kept informed by telephone the previous days, the day before or the same day. A postponement will be considered according to our respective availabilities.
 

11 - SETTLEMENT OF DISPUTES

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These online sales conditions are subject to New Caledonian law. In the event of a dispute or difference, relating to the interpretation and execution of sales of services provided by the company INSTINCT Paramotor, will fall under the exclusive jurisdiction of the Commercial Court of New Caledonia.

 

12 - COMPUTER AND FREEDOM LAW

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In accordance with the Data Protection Act 78-17 of January 6, 1978 as amended, you have a right of opposition (art. 38), access (art. 39), rectification or deletion (art. 40) data that concerns you. You can exercise this right by writing to: INSTINCT Paramotor or by e-mail.

All personal data collected is treated with the strictest confidentiality. In particular, the INSTINCT Paramotor company undertakes to respect the confidentiality of e-mail messages transmitted by means of e-mail.

 

                                                           

 

 

LEGAL NOTICES 

 

1. PRESENTATION OF THE SITE.

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Under article 6 of law n° 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to users of the sitewww.paramotornouvellecaledonie.com  the identity of the various stakeholders in the context of its implementation and monitoring:

User: INSTINCT Paramotor (Thomas PETIT)
Created: With Wix

Owner: Thomas PETIT

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2. GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED.

The use of the site http://paramotornewcaleonide  implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site http://paramotornewcaledonia  are therefore invited to consult them on a regular basis.

This site is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by http://paramotornewcaledonia, who will then endeavor to communicate to users beforehand the dates and times of the intervention.

The site http://paramotorcaledonia  is updated regularly by Thomas PETIT. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to them as often as possible in order to become acquainted with them.

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3. DESCRIPTION OF SERVICES PROVIDED.

The websitehttp://paramotornewcaledonia  aims to provide information on all of the company's activities. INSTINCT Paramotor strives to provide on the site http://paramotornewcaledonia  information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by the third party partners who provide it with this information.

All the information indicated on the sitehttp://paramotornewcaledonia  are given for information only, and are subject to change. In addition, the information on the sitehttp://paramotornewcaledonia  are not exhaustive. They are given subject to modifications having been made since they were put online.

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4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA.

The site uses JavaScript technology.

The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an updated latest generation browser.

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5. INTELLECTUAL PROPERTY AND INFRINGEMENTS.

In accordance with the law, a website is an intellectual work within the meaning of the Intellectual Property Code. Therefore, the service provider (Thomas PETIT) who developed the site is the author and, in principle, holds the property and moral rights attached to this quality. Under the first, it prohibits any unauthorized reproduction or slavish imitation of its site. Under the latter, he requires the mention of his name on the site (right to paternity) or opposes any modification of his work (right to respect for the integrity of the work).

INSTINCT Paramotor owns the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization, depending on the purpose, of the service provider (Thomas PETIT) or of INSTINCT Paramotor.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

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6. LIMITATIONS OF LIABILITY.

INSTINCT Paramotor cannot be held liable for direct or indirect damage caused to the user's equipment, when accessing the paramotor.nc site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or the appearance of a bug or an incompatibility.

INSTINCT Paramotor cannot also be held responsible for consequential damages (such as loss of market or loss of opportunity) resulting from the use of the site http://paramotor.nc

Interactive spaces (possibility to ask questions in the contact space) are available to users. INSTINCT Paramotor reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, INSTINCT Paramotor also reserves the right to challenge the user's civil and/or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used ( text, photography, etc.).

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7. MANAGEMENT OF PERSONAL DATA.

In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

On the occasion of the use of the site http://paramotornewcaledonia , can be collected: the URL of the links through which the user accessed the site  http://paramotornewcaledonia, the user's ISP, the user's Internet Protocol (IP) address.

In any case INSTINCT Paramotor only collects personal information relating to the user for the need of certain services offered by the site  http://paramotornewcaledonia. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the site  http://paramotornewcaledonia  the obligation or not to provide this information.

In accordance with the provisions of articles 38 and following of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.

No Personal Information of Site User http://paramotornewcaledonia is not published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of redemption of INSTINCT Paramotor and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify data with respect to the user of the site_cc781905 -5cde-3194-bb3b-136bad5cf58d_http://paramotornewcaledonia .

The site is not declared to the CNIL because it does not collect personal information.

The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.

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INSTINCT Paramotor reserves the right to distribute any photos or videos created during a first flight or any other activity related to the INSTINCT PARAMOTOR company and during an activity related to INSTINCT Paramotor. Because of this, INSTINCT Paramotor will be able to broadcast the images on its website or social networks.
In the event that you do not agree with this, it will be imperative, on your part, to notify the manager of the INSTINCT Paramotor company.

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8. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION.

Any dispute in connection with the use of the site   http://paramotornewcaledonia  is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.

 

9. PRINCIPAL RELEVANT LAWS.

Law n° 78-87 of January 6, 1978, notably modified by law n° 2004-801 of August 6, 2004 relating to data processing, files and freedoms.

Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.

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10. GLOSSARY.

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User: Internet user connecting, using the aforementioned site.

Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of January 6, 1978).

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THANK YOU FOR YOUR UNDERSTANDING AND GOOD FLIGHT!