MOOVE TERMS OF SERVICE
Moove is a marketplace and management platform providing through its application (www.appflymoove.com):
- Aircraft and operations management solutions for aircraft owners, co-owners and marketing tools for commercial operators and airport operators (hereafter "Operator").
- Business aircraft travel solutions (hereinafter "aircraft") in accordance with current aviation regulations, through:
- The purchase of operated flights (hereinafter "charter") by commercial operators
- The sale of shares of aircraft in shared ownership and their use by the Co-owners (hereinafter "Owner")
- 1. Acceptance of the general conditions of useTheuse of the Site is subject to the creation of a Flyer or Owner account and the acceptance online on the site of the general conditions of service of Moove. Moove reserves the right to modify at any time the TOS and any modification will be communicated to the Members
- 2. Access to the siteMoovewill make its best efforts to ensure constant availabilitý of its Application. In case of unavailabilitý of the Application for technical reasons, maintenance or cases of force majeure, Moove undertakes to take all reasonable measures to limit the duration of unavailabilitý
- 3. RegistrationAnyindividual or legal entity wishing to benefit from the commercial flight charter service must create an online "Flyer" account on the site, without any commitment or fee upon registration.Any individual or legal entity wishing to purchase shares, to ensure the organization of its operations on the aircraft it owns or operates must create an online "Owner" account on the site before using the Application giving it access to its rights.Following the registration of a Member, which implies the irrevocable and unconditional acceptance of the conditions, Moove shall transmit as soon as possible, to the e-mail address that the Member will have communicated, uneinfo@flymoove.com - www.flymoove.com Aérodrome de Toussus le Noble, 78117 Toussus le Nobleconfirmation of registration. The Members guarantee the veracitý of the information given on the Application and Moove shall not be held responsiblé in case of erroneous information, communicated by the Member
- 4. Condition of suspension and termination of the serviceMoove reserves the right to refuse, cancel or terminate the registration or membership of a Member or to suspend, temporarily or permanently, all or part of his access to the Application without the Member concerned being able to claim any compensation for this, in particular in the event of defect and/or inaccuracy of the information communicated by the Member, of non-compliance with the TOS by the Member or for a dispute relating to the use of the Application.
- 5. Use of the ApplicationTheMember commits himself to use the application developed by Moove only for his own needs and for the only purposes mentioned in the GTCU, not to communicate contents contrary to good morals or not authorized by virtue of legislative, regulatory or contractual provisions, or infringing on the rights of third parties, as well as not to develop or commercialize the service object of the present contract or services likely to compete with it
- 6. Responsibilities of MooveInthe framework of flights operated by Owners for their own account, the Moove application allows the organization of the business trip. The Owners expressly recognize that Moove only ensures the follow-up of the aircraft management and the comparison of the operation costs and does not ensure in any case the safety of the flights. Within the framework of chartering with Operators, the Moove platform ensures the role of travel agency for which it has the certification (IM075210016) and limits its responsibilities to this service of resale of dry charters, and not to the safety of the flights which is the responsibility of the commercial operator selected by Moove and agreed with the Member
- 7. Charter ConditionsTheflights performed by a Commercial Operator under Moove's Charter offer are flights under the commercial air transport of passengers, in the framework of a commercial operation performed under a contract concluded between an operator and the travel agency, and the travel agency and the Member (Flyer or Owner).Commercial flights are performed under the responsibilitý of the operator whose activity is subject to the holding of an operating license and an air carrier certificate (A.C.). The Commercial Operator is responsible for the operating conditions of the Aircraft, both with respect to its employees, as well as to the passengers carried and third parties, and assumes the risk of loss or damage caused by or to the Aircraft, regardless of the cause.Consequently, the Members (Flyer and Operator) and their companions renounce any recourse against Moove for direct and indirect damages, which they could undergo in particular because of any incident or disaster, caused or not by the Aircraft, the Commercial Operator, or the chartering of aircraft, or the delay or the postponement of a flight, except serious or intentional fault duly proved by Moove.info@flymoove.com - www.flymoove.com Aerodrome de Toussus le Noble, 78117 Toussus le Noble
- 8. Conditions of use of the application for management purposesOperatorsand Owners who use the Moove application to manage their Aircraft commit themselves to respecting the aviation regulations in force for their operations. The Moove application facilitates the follow-up of and the organization of the operations and can in no way be a guarantor of the airworthiness of an Aircraft.Within the framework of the use by the Owners of an Aircraft operated not commercially, the Members commit themselves to restrict the use and the access to their Aircraft to the only Members having the right to enjoy its use defined by the air regulations in force and implying in particular a shareholding link. Likewise, The Owner on the one hand, and the Pilot on the other hand, acknowledge to enter into an agreement directly between themselves and under their own responsibilitý. The Owner contracts directly with the Pilot the conditions of services for piloting the aircraft, which the latter freely sets.Consequently, the Members (Owners and Pilots) and their companions waive any recourse against Moove for direct and indirect damages, which they could suffer in particular because of any incident or disaster, caused or not by the Aircraft, the Pilot, or the cancellation of an Aircraft reservation, or the delay or postponement of a flight, except for duly proven serious or intentional fault of Moove.
- 9. Obligations of the parties involvedTheOwner or the Flyer performing a Charter shall not re-invoice any person in any manner whatsoever for all or part of the cost of the Charter performed with an Operator. In the management of non-commercially operated aircraft operations, the Owner and the Pilot undertake to comply with the aviation regulations in force as described in the Part NCO documentation
- 10. Terms of paymentForthe charter offer accepted by the signature of a quotation, the flights are to be paid upon receipt of the final invoice mentioning the actual flight time which may vary the amount indicated in the preliminary quotation. Taxes, handling fees and other additional costs specific to the mission will be invoiced separately and must be paid upon receipt of the invoice. Concerning flights operated on behalf of Owners, at the end of the flight, it is up to the Pilot, Owner and/or operating structure to define their own payment conditions. Moove is in no way responsible or guaranteeing any payment incident between the co-owners and their stakeholders.Concerning the use of the application for the management of the aircraft, the Members must pay electronically on a monthly basis the settlement agreed between the two parties following the transmitted banking information.In case of cancellation, if the flight(s) covered by this agreement are cancelled by the Member for any reason, the Member will have to pay to the company the following amounts referring to the total price of the service:- 50% if cancelled after agreement- 75% if cancelled between 8 to 3 days before the flight departure time- 100% if cancelled within 72 hours before the flight departure time or in case of no-show at the flight
. All cancellations have to be done in writing by email to info@flymoove.cominfo@flymoove.com - www.flymoove.com Aérodrome de Toussus le Noble, 78117 Toussus le Noble - 11. Treatment of personal dataTheinformation collected on this form is recorded in a computerized file by Moove to ensure the services of the platform to the Members. The data collected will be communicated only to Moove's collaborators and partners of the platform. The data are kept during the duration of the Member's contract. You can access your data, rectify them, ask for their deletion or exercise your right to limit the processing of your data.To exercise these rights or for any question about the processing of your data in this device, you can contact: info@flymoove.com . If you believe, after having contacted us, that your rights "Informatique et Libertés" are not respected, you can address a complaint to the CNIL.
- 12. Force MajeureAnycircumstances independent of the wilĺ and out of the control of Moove preventing the execution, in normal conditions, of its obligations are considered as causes of exoneration of its responsibilitý and entail the suspension of the execution of its obligations.
- 13. Intellectual PropertyThecontent of the Application is the propertý of Moove. Any total or partial reproduction of the content of the Site is strictly forbidden and likely to constitute an infringement of copyright.
- 14. Applicable LawTheseGTC are subject to French law. In the event of litigation relating to the services of the application, the disputes will be subjected to the competence of the jurisdictions of the commercial court of Paris.info@flymoove.com - www.flymoove.com Aérodrome de Toussus le Noble, 78117 Toussus le Noble