I. General Principles

§1. Purpose of These Rules and Regulations

These Terms and Conditions set forth the rules governing the provision of Services by FLYSPOT GROUP, including:
1. Rules for registering on the FLYSPOT GROUP Website and for operating the Website;
2. the rules of use of the Online Store, including the conditions for placing Orders for Products, their delivery to the Customer, payment of the sales price of such Products, etc;
3. the rules governing the provision of Services by FLYSPOT GROUP at FLYSPOT GROUP facilities, in particular wind tunnel flight services;
4. the Customer’s right to withdraw from the Agreement entered into with FLYSPOT GROUP;
5. the rules governing FLYSPOT GROUP’s liability for the provision of Services;
6. rules for filing and processing complaints.
These Regulations also constitute the rules and regulations for the provision of services by electronic means, as required under the Law on Provision of Electronic Services.

§2. Definitions

FLYSPOT GROUP – FLYSPOT GROUP, a limited liability company with its registered office in Warsaw, 00-090, 75/26 Solidarności Ave., entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000821632, Tax ID (NIP): 5252533508, share capital of 19,000,000 PLN. Contact FLYSPOT GROUP: email: [email protected], phone: 698626500;
Customer – a natural person with legal capacity, as well as a legal entity or an organizational unit without legal personality but with legal capacity, that enters into or expresses the intention to enter into an Agreement with FLYSPOT GROUP;
Consumer – a customer who is a natural person, entering into the Agreement for a purpose not directly related to his/her business or professional activity;
Product – means Vouchers and physical goods (clothing, helmets, accessories, etc.) available for purchase in the Online Store;
Registration – the process of creating an account on the Website by the Customer, containing the Customer’s data, used to identify the Customer on the Website and to make Reservations and conclude the Agreement;
Terms and Conditions – these Terms and Conditions;
Reservation – reservation of the Service and the date of its execution, made through the Service;
Flyspot Wind Tunnels – wind tunnels operated by FLYSPOT GROUP;
Boeing simulator – Boeing 737-800 airplane simulator
Deepspot sim ulator – Deepspot diving conditions simulator
Website – a website operated by FLYSPOT GROUP, available at www.flyspot.com for the Flyspot Tunnel and Boeing Simulator services, and at www.deepspot.com for the Deepspot Simulator services;
Online Store – a store operated by FLYSPOT GROUP through the Website, where Products can be purchased remotely;
Agreement – an agreement for the provision of Services (including the sale of a Product) entered into between the Customer and FLYSPOT GROUP;
Service – the sale of goods (Products) through the Online Store, as well as services provided by FLYSPOT GROUP, including, in particular, the flight service in a wind tunnel or flight simulator provided by FLYSPOT GROUP, which may consist of additional services, such as—in particular, for beginners using the Service—training and the provision of a flight suit and helmet;
Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights;
User – a natural person actually using the Service purchased by the Customer (whereby the User may also be the Customer himself who is a natural person);
Voucher – A product entitling the holder to use a service offered by FLYSPOT GROUP, including, in particular, a flight in the wind tunnel or flight simulator. Unless the Terms and Conditions provide for specific conditions regarding Vouchers, the provisions of the Terms and Conditions concerning Products apply to the Customer’s purchase of Vouchers. For the purposes of interpreting the Terms and Conditions, the term “Voucher” shall also include so-called “Credits” or “Packages.” (minutes), which are available for purchase on the Website and constitute the purchase of a Service upon prepayment for the Service (in particular, the purchase of a specified number of flight minutes in the Tunnel). Using the purchased Credits/Packages, the Customer may make Reservations and pay for Flight Services in the Tunnel;
Order – an order for a Product made by the Customer in the Online Store.

§3. Registration

Registration on the Website is completed by filling out the registration form available on the Website. After completing the form, the Customer will receive an email at the address provided in the form to confirm registration. In the email, the Customer will receive their registration details (username and password) to log in to their account. Logging in to the account for the first time activates the account. If the Customer loses their username or password, they may use the recovery procedure by clicking on the appropriate fields available on the Website.
During registration, the Customer is required to provide accurate information.
The Customer should keep their username and password confidential and protect them appropriately.
To the extent permitted by law, FLYSPOT GROUP shall not be liable for the consequences of the Customer providing incorrect or incomplete information, nor for the consequences of a third party using the Customer’s login and password.
Registration is not required to browse the Website.
Only Customers who have previously registered may make Reservations and purchase Services (enter into a Contract) through the Website.
To use the Website—including Registration, making Reservations, and entering into a Contract—the Customer must have a device with Internet access and a web browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.). In addition, to complete Registration, make a Reservation, and enter into a Contract through the Website, the Customer must have an active email account.

§4. General Rules

The information provided on the Website does not constitute an offer within the meaning of the Civil Code, but merely an invitation to enter into a Contract.
Payment for the Service may be made using the electronic payment methods available on the Website, including, in particular, through the DOTPAY service. The payment service is provided to the Customer by Dotpay S.A., with its registered office in Kraków. Before making a payment, the Customer should review and accept the Dotpay payment terms and conditions.
Payment for the Service made through electronic payment channels will be confirmed by FLYSPOT GROUP via email sent to the Customer.
The prices of the Services indicated on the Site include VAT or are stated in net and gross amounts.

II. Rules Governing the Purchase of Products Through the Online Store

§5. Ordering Products; Price

To place an Order, the Customer must select a Product or Products. Optionally, the Customer may specify additional requests when placing the Order, in accordance with the options available on the Website, including, in particular, a delivery address other than the Customer’s place of residence or business address, or a request to receive an invoice, etc.
When purchasing a Product, you must select the appropriate options described on the Website, such as size, color, etc. In the case of Vouchers, you must select the type of Voucher based on the type and scope of the service the Customer wishes to purchase, and, if applicable, select additional options, such as the days or times of the week when the Service covered by the Voucher can be used, the number of minutes, the location where the Service will be provided, etc.
The order is placed when the Customer clicks the “Order and Pay” button or another equivalent button.
The Agreement between the Customer and FLYSPOT GROUP regarding the purchase of the Product is entered into for a fixed term during which the Parties shall perform their obligations under the Agreement. The Agreement may be terminated in accordance with the procedures and rules set forth in these Terms and Conditions, the Civil Code, and the Act. In the case of the purchase of Vouchers, the agreement also expires upon the expiration of the Voucher’s validity period, without any further claims by either Party. The Voucher’s validity period may be specified on the Website or on the Voucher itself.
The subject matter of the Product Sales Agreement consists of the Products, the main characteristics of which are listed on the Website. Before placing an Order, the Website also displays the delivery costs for the Product (in the case of delivery of physical Products to the Customer’s place of residence or another location specified by the Customer), and after the Customer selects a delivery option, the Customer is informed of and accepts the final amount due, which consists of the gross price of the Product, the delivery cost, and any additional costs specified on the Website on a case-by-case basis.

§6. Delivery; Quality of Products

The delivery time of an Order for a Physical Product (clothing, accessories, Vouchers in the form of cards, etc.) is up to 5 business days (days from Monday to Friday, excluding public holidays).
The product is shipped to the Customer via courier to the address specified by the Customer in the Order.
The provisions of paragraphs 1 and 2 do not apply to Vouchers for which the Customer selected the electronic delivery option (Electronic Voucher), nor to Credits and Minute Packages. Electronic Vouchers are sent electronically to the email address provided by the Customer immediately after payment for the Order is received. Credits and Minute Packages are available for the Customer to use immediately after payment is made.
If, after placing an Order, it turns out that a Product is unavailable, FLYSPOT GROUP will notify the Customer via email and refund the amount paid by the Customer. If certain Products listed in the Order are unavailable, or if a Product can be delivered but within a longer timeframe than that specified in paragraph 1, the Customer may decide to cancel part or all of the Order.
FLYSPOT GROUP only ships Products to recipients within Poland. If you wish to order Products for delivery abroad, please contact FLYSPOT GROUP. This restriction does not apply to products sold in digital format.
In the case of damage to the shipment, it is recommended to write a damage report, which will facilitate the investigation of any claims.
FLYSPOT GROUP undertakes to deliver Products free from defects.
In the case of physical defects of the Product:

If the Customer is a Consumer, Aerotunel is liable to the Customer in accordance with the Terms and Conditions, the Civil Code, and the Act. In particular, Aerotunel is liable to the Consumer under the warranty, in accordance with the provisions of the Civil Code;
If the Customer is not a Consumer, in the event of a defect in the Product, Aerotunel undertakes—at its discretion—to replace the Product with one free of defects or to refund the price paid by the Customer for the defective Product (withdrawal from the Agreement). In all other respects, Aerotunel’s liability for physical defects in the Product, including, in particular, liability under the warranty, is excluded.

In the case of legal defects in the Product, the provisions of the Civil Code shall apply.

§7. Withdrawal from the Contract

Subject to § 8, paragraphs 4–7 of the Terms and Conditions, a Customer who is a Consumer has the right to withdraw from a Contract for the purchase of a Product made through the Online Store, without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34(2), and Article 35 of the Act, within 14 days from the date of receipt of the Products. To meet the deadline, it is sufficient to send a notice of withdrawal from the contract before the deadline expires.
A notice of withdrawal from the contract may be sent by regular mail or email to [email protected] for the Flyspot Tunnel and Boeing Simulator services, and to [email protected] for the Deepspot Simulator services.
The customer may use the following withdrawal form:

– Recipient: AEROTUNEL Sp. z o.o., 00-090 Warsaw, Al. Solidarności 75/26, email: [email protected] for Flyspot Wind Tunnel and Boeing Simulator services, and [email protected] for Deepspot Simulator services
– I/We(*) hereby notify(*) of my/our withdrawal from the sales contract for the following products: __________________
– Date of contract conclusion(*)/receipt(*)
– First and last name(s) of the Consumer(s)
– Address of the Consumer(s)
– Signature of the Consumer(s) (only if the form is submitted in paper form)
– Date
(*) Delete as appropriate.

FLYSPOT GROUP will confirm receipt of the notice of withdrawal from the Agreement by sending an email to the Customer’s email address.
The consumer is required to return the Product immediately, but no later than 14 days from the date on which they withdrew from the Agreement. The Product should be returned to the following address: ul. Chorzowska 100, 40-101 Katowice. In the case of Vouchers delivered electronically, as well as Credits and Minute Packages, there is no need to return them. Upon receipt by FLYSPOT GROUP of the Customer’s notice of withdrawal from the Contract, FLYSPOT GROUP will block the code displayed on the Voucher that enables use of the service and will block the ability to use minutes purchased as part of a Credit or Minute Package.
If the Consumer withdraws from the contract, FLYSPOT GROUP will promptly refund the Consumer any payments made, including the costs of delivering the Product, in accordance with the provisions of the Act. If the Consumer has chosen a delivery method other than the least expensive standard delivery method offered on the Website, FLYSPOT GROUP is not obligated to reimburse the Consumer for any additional costs incurred.
The Consumer bears the direct costs of returning the Product. FLYSPOT GROUP does not accept returns sent cash on delivery and is not responsible for any costs associated with such shipments.
FLYSPOT GROUP will issue a refund using the same payment method used by the Consumer.
The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Withdrawal from the Agreement is not possible for any purchases made at brick-and-mortar stores operated by FLYSPOT GROUP.

§8. Special Terms and Conditions Regarding Vouchers

A voucher—during its validity period—entitles the holder to use the services offered by FLYSPOT GROUP, as described on the Website for that specific voucher. To use these Services, you must make a Reservation on the Website for the date on which the Service is to be provided.
Unless otherwise expressly stated on a given Voucher, it will be valid for 12 months from the date of purchase and entitles the holder to make a reservation for Services during that period.
The Customer may change a reservation they have made (no later than 1 hour before the scheduled flight), but only if slots for the relevant service are available and subject to the condition that such a change may be subject to an additional fee, the amount and method of payment of which will be specified on the Website. The amount of the fee may, in particular, depend on how far in advance of the booked flight the Customer wishes to make the change.
Pursuant to Article 38(12) of the Act, after using the Voucher to make a reservation for a service (i.e., selecting the date on which the service will be used and providing the Voucher code), the Customer shall not have the right to withdraw from the Agreement, including in cases where the Consumer is a party to the Agreement.
Subject to paragraphs 6 and 7 below, the Customer has the right to withdraw from the Agreement for the purchase of a Service acquired as part of Credit or Minute Packages, without giving any reason and at no cost, within 14 days from the date of conclusion of the Agreement. The rules described in § 7 above apply accordingly to the submission of such a notice.
Commencement of the Service prior to the expiration of the withdrawal period will be possible only if the Customer—by checking the appropriate checkbox—submits an explicit statement containing such a request. In such a situation, if the Customer exercises the right to withdraw from the Agreement after submitting the request, the Customer will be obligated to pay for the services provided up to the time of withdrawal from the Agreement, provided that the price of such services (in particular, the price per minute of flights in the Tunnel) will be determined based on their market value as of the date the Customer used the service or as of the date the Agreement was concluded (whichever price is more favorable to the Customer). Pricing information is available on the Website or at the front desk, or, at the Customer’s request, may be sent to the email address provided by the Customer.
If a Reservation is made using Credits or Minute Packages, the Customer is not entitled to withdraw from the contract with respect to the Reservation, in accordance with Article 38(12) of the Consumer Rights Act.
If the customer is 10 minutes or more late for the scheduled appointment, the service will be rescheduled for the next available time slot or another day.

§9. Reservation

By selecting the appropriate options on the Website, the Customer may make a Reservation, specifically by selecting a Service and the date of its provision.
When selecting a Service, please pay attention to the details provided on the Website, including the number of flight minutes and the location where the Service will be provided.
After selecting the field with the date and time of the Service (before accepting the Reservation), the Customer will be informed of the price of the Service.
Acceptance of the Reservation, including the price of the Service, occurs by checking the “Reserve” box or another equivalent option. Next, the Customer is redirected to a page containing a link to the Terms and Conditions and—in the case of a flight in the Wind Tunnel—to the text of a statement that the User must complete before using the Service. After the Customer confirms that they have read the Terms and Conditions and the content of the declaration, as well as confirms their intention to book the Tunnel Flight Service for a specific location, the Customer is redirected to the payment page.
After making the Reservation, the Customer will receive a confirmation email detailing the reserved Service, including its type, date, and price.
The Agreement between the Customer and FLYSPOT GROUP is entered into upon payment for the Service.
If the Customer fails to make payment for the Service covered by the Reservation within 1 hour of making the Reservation, such Reservation shall be canceled, without any further claims on either side.
The agreement between the Customer and FLYSPOT GROUP is entered into for the duration of the Service.
Once a Reservation has been made and paid for (i.e., the Agreement with FLYSPOT GROUP has been concluded), the Customer has no right to withdraw from the Agreement. Pursuant to Article 38( 12 of the Consumer Rights Act, the Customer is not entitled to such a right even if the Consumer is a party to the Agreement.

III. Other Rules Regarding the Provision of Services

§10. Quality of Services; Complaints

FLYSPOT GROUP undertakes to perform the Services in accordance with the terms of the Agreement, the rules set forth in the Terms and Conditions, and applicable law, and with due diligence, as assessed in light of the professional nature of the activities performed. In particular, FLYSPOT GROUP undertakes to deliver Products free from defects.
The Customer has the right to file a complaint regarding the Services, as well as other activities carried out by FLYSPOT GROUP in connection with the Services.
Complaints may be submitted via email to the following addresses: [email protected] / [email protected] / [email protected] / [email protected] for the Flyspot Tunnel and Boeing Simulator services, and [email protected] for the Deepspot Simulator services, or by mail to the FLYSPOT GROUP address specified in the definitions.
The complaint should include, in particular, the Customer’s data and a description of the complaint.
FLYSPOT GROUP will review the complaint within 14 days of receiving it and notify the Customer of the outcome via the email address provided in the Customer’s account on the Website, unless the Customer requested in the complaint that the response be sent to a different address.
In the case of Flight Services in a flight tunnel or flight simulator, if the Service cannot be provided for reasons not attributable to the Customer—in particular due to power outages— FLYSPOT GROUP will offer the Customer the option of providing the Service at a different time agreed upon by the Parties.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code shall apply to the guarantee of the proper performance of the Services by FLYSPOT GROUP and to the rights of the Customer or Users in the event of any irregularities in the performance of the Service, and, if the Service is purchased by a Consumer, the provisions of the Consumer Rights Act shall also apply.

§11. Amendments

To the extent described on the Website and subject to paragraph 2 below, FLYSPOT GROUP permits the Customer to make changes to the Agreement. Such changes may pertain, in particular, to:

the date on which the Service Reservation was made, including cases where the User failed to appear at the Aerotunel facility on the scheduled date for the Service;
in the case of a flight in the Wind Tunnel—a change in the location where the Service is provided;
changes to a reservation made via a Voucher;
renewal of the Voucher’s validity period (after the expiration date);
changes to other terms and conditions for the provision of the Service as specified on the Website.

Making the changes referred to in paragraph 1 above entails an additional fee, the amount of which is specified in the price list available on the Website. The amount of the fee depends primarily on the type of change, including the time remaining until the scheduled date of the Service.

§12. Protection of Personal Data

The controller of the personal data of Customers and Users is FLYSPOT GROUP Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw, 00-090, 75/26 Solidarności Avenue, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number 0000821632, Tax ID (NIP): 5252533508, email: [email protected].
Customers’ personal data will be processed by FLYSPOT GROUP for purposes necessary to fulfill the Agreement. In addition, FLYSPOT GROUP may use personal data for purposes arising from the controller’s legitimate interests, in particular the marketing of services provided by FLYSPOT GROUP, including the profiling of personal data for the aforementioned purposes, provided that the Customer has the right at any time to object to the processing of their personal data for the purposes referred to in this sentence.
For marketing purposes, FLYSPOT GROUP may also process personal data based on the Customer’s separately expressed consent, to the extent provided for in such consent. Consent is voluntary, and the Customer may withdraw it at any time; however, the withdrawal of consent will not affect the lawfulness of the processing of personal data based on consent prior to its withdrawal.
Personal data may be transferred to entities that process it on behalf of FLYSPOT GROUP, in particular to subcontractors that FLYSPOT GROUP uses for the purpose of providing the Services.
When purchasing a Flight Service in the Tunnel, the Customer’s personal information (first and last name) may be displayed on the electronic board located inside the FLYSPOT GROUP building, in the “flight queue.” When booking the service, the Customer has the option—by editing the appropriate field in their reservation—to display only the Customer’s nickname (as entered in the reservation details) in the flight queue.
Subject to paragraphs 7–11 below, Customers’ personal data will be stored by FLYSPOT GROUP for the duration of the Agreement and, thereafter, for the period required by law.
For Customers who have registered on the Website, personal data will be stored by FLYSPOT GROUP for the duration of their use of the Website; however, FLYSPOT GROUP may delete the account on the Website and the personal data contained therein 12 months after the last login to the Website.
With regard to personal data processed for marketing purposes, FLYSPOT GROUP will process such data until the Customer objects or withdraws their consent.
With regard to Users utilizing the Flight in the Tunnel Service, they will be asked, prior to the flight, to complete and sign a statement in which the User must also provide their personal data, including information about their health. The above data will be collected based on the User’s consent, for the purpose of providing the Service, in particular to adapt the manner in which the Service is provided to any health issues. Paragraph 3 above applies accordingly.
In addition, when purchasing the Flight Service in the Tunnel, the User’s image is recorded by FLYSPOT GROUP to enable the User to obtain videos of the flight, which are sent at the User’s request to the e-mail address provided by the Useror can be copied by the User at a FLYSPOT GROUP facility onto a storage medium of the User’s choice. Video materials containing the User’s image are deleted 7 days after the date of recording.
A video surveillance system is in operation on the premises of FLYSPOT GROUP facilities to ensure the safety of individuals on the premises and to protect their property as well as that of FLYSPOT GROUP. Personal data collected as a result of the monitoring may be disclosed to entities authorized by law to access such data. The data controller retains surveillance recordings for a period not exceeding 3 months, provided that recordings which may constitute evidence in legal proceedings may be retained for a longer period, until the proceedings are legally concluded. Upon the expiration of the above periods, video recordings obtained as a result of monitoring that contain personal data shall be destroyed, unless otherwise provided by separate regulations.
In addition to the other rights referred to in this article of the Terms and Conditions, the Customer or User has the right to request from FLYSPOT GROUP access to their personal data, its rectification, erasure, or restriction of processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.
Providing personal data is voluntary; however, it is necessary for the performance of the Agreement with FLYSPOT GROUP and for using the Service. ?
To the extent not covered by these Terms and Conditions, the provisions of Privacy Policy and the provisions of applicable law shall apply.

§13. Final Provisions

FLYSPOT GROUP reserves the right to temporarily suspend access to the Website, particularly in cases where maintenance, repairs, or expansion of the Website are being performed.
FLYSPOT GROUP reserves the right to amend these Terms and Conditions with future effect if required by legal or technical circumstances, including changes to the scope of Services provided by FLYSPOT GROUP, to enhance the security of the Services, or if such changes are justified for other reasons.
FLYSPOT GROUP will notify Users of proposed changes to the Terms and Conditions via email to the addresses provided by Customers during the registration process no later than 14 days before the amended Terms and Conditions are scheduled to take effect.
The revised version of the Terms and Conditions is binding on the Customer if the Customer has not objected to it before the new version of the Terms and Conditions takes effect. If such an objection is raised, all Services purchased by the Customer prior to the effective date of the new version of the Terms and Conditions will be provided in accordance with the previous version.
Amendments to the Terms of Service may also be made by the User’s acceptance of a new version of the Terms of Service proposed by FLYSPOT GROUP.
To the fullest extent permitted by law, FLYSPOT GROUP shall not be liable for mail server administrators blocking the delivery of messages to the email address provided by the Customer, nor for the deletion or blocking of emailsby software installed on the computer used by the Customer.