Version into force on 28 October 2022
Metaflight.aero is an online platform offering various immersive experiences related to the world of aviation, and in particular, initiation to piloting via a serious game (the “Platform“). The Platform is edited by METAFLIGHT, a simplified joint stock company, with a capital of 10 000 Euros, registered with the Paris Trade and Company Register, under number 913 734 208, having its registered place of business at 229 Rue Saint Honoré, 75001 Paris – France (« METAFLIGHT »).
The general terms and conditions of sale (“GCS”) determine the conditions under which any consumer client within the meaning of applicable law (the “Client”), subscribes to the Platform via one of the subscriptions offered by METAFLIGHT (the “Subscription“), and/or makes instant purchases of digital products on the Platform.
- PREAMBLE
The GCS apply to (i) any Subscription order by the Client, as well as (ii) any instant order of products by the Client (the “Orders“).
Each Order is subject to the Client’s full and unreserved acceptance of the GCS, by ticking a box provided for this purpose. By ticking the acceptance box of the GCS in order to finalize an Order, the Client acknowledges having read the GCS and having fully understood them and undertakes to respect their content.
The Client acknowledges that he/she has not relied on any declaration or promise made or given by METAFLIGHT, which is not provided for herein.
METAFLIGHT reserves the right to modify the GCS at any time, without prior notice. The GCS applicable to the Order are those in force on the date of the Order. They are accessible on the Platform.z
- PLACING AN ORDER
Subscriptions and Products proposed
Proposed Subscriptions
Different subscription formulas are offered by METAFLIGHT:
Free. trial: this includes a trial period of fourteen (14) days from the date of registration, with no obligation to purchase. This trial includes all the services offered as part of the Silver Subscription, except for the purchase of virtual properties (and therefore the possibility for the Client to resell, rent and/or exchange his/her virtual goods and conversions into FlightCoins) and the purchase of gift cards using FlightCoins, as described herein.
Silver Subscription: it includes in particular, live flight tracker and map, user dashborard, career level, world flight market, ingame store, etc. Silver Subscription is subject to prior registration on the Platform, under the terms provided by the general terms and conditions of use of the Platform.
It is specified that Clients earning miles will be able to convert them into FlightCoins, regardless of the Subscription concerned. The terms of use and conversion of miles into FlightCoins are specified on the Platform.
The precise description of each Subscription formula is detailed on the Platform. This description includes, in particular, the precise list of services and elements included in the relevant Subscription.
Proposed products
The Client has the option of purchasing one or more products online, among the products offered on the Platform. The products consist in particular of additional gameplay modules, such as booster packs and career improvement modules (the “Products”).
Among the Products offered are also FlightCoins, which consist of a virtual currency created by METAFLIGHT which can only be used on the Platform (the “FlightCoins”). FlightCoins are particularly useful for buying, renting and/or lending virtual goods on the Platform such as means of transport (including cars, two-wheelers, planes), homes, airlines, airports, etc. The use of FlightCoins is detailed on the Platform.
The description of each Product is specified on its Product sheet.
The Products and the corresponding prices are valid as long as they are visible on the Platform.
Order process
The Client has the possibility of subscribing to the Subscription of his/her choice, and to by the Product(s) of his/her choice, directly via the Platform, by clicking on the corresponding Product or Subscription.
The Client therefore selects the Subscription or the Product to which he/she wishes to subscribe or to buy and clicks on “Add to cart”.
When he/she wishes to order the chosen Subscription or Product, he/she clicks on the “Cart” icon located at the top right of the Site (hereinafter the “Cart“). Its name, description, and price will then appear. With specific regard to Subscriptions, additional information related to the duration of the Subscription and the terms of payment are also mentioned.
The selected Subscription or Products may be modified or deleted from the Cart at any time by the Client.
The Client can then click on “Check the Order“, allowing him/her to access the summary and the total price of his/her Order.
It is up to the Client to verify the absence of any error, after which he confirms that he has read and accepts the GCS by checking the box “I validate the terms contained in the general conditions of sale (Read the GCS)” and materializes his will. to proceed with the Order by clicking on the payment method he wishes to use to pay for his Order and by proceeding to payment online.
At any time, before making the payment, the Client has the option of returning to the previous pages to correct any errors.
Once payment of the total price has been made, an e-mail acknowledging receipt of the Order is sent to the Client by METAFLIGHT.
The sale will only be considered final after the Client has been sent this confirmation email by METAFLIGHT and has received the full price.
The Subscription and/or the Products will then be made available to the Client under the conditions provided for herein.
- FINANCIAL TERMS
Product and Subscription prices
The price of each Product and each Subscription is displayed on the Platform, on the corresponding page. It is indicated in euros all taxes included. METAFLIGHT reserves the right to modify the price of the Products and/or Subscriptions at any time, it being understood that in any case, the price of the Product or the Subscription paid by the Client will be that in force on the day of the Ordered.
Methods of payment
The Client has the option of paying for his/her Order by credit card or by PayPal.
In the event of payment by credit card, the Client will be redirected to the personalized payment page of METAFLIGHT, on the website of its partner payment provider, the company STRIPE PAYMENTS EUROPE, Ltd. Payment will be made in accordance with the terms and conditions applicable to the payment provider’s secure payment service, accessible on its website and available here: https://stripe.com/fr/legal.
In the event of payment by PayPal, the Client will be automatically directed to his PayPal account at the end of the Order process, to proceed with the payment.
In the event that the debit of the price proves impossible, for any reason whatsoever, the Order will be automatically cancelled.
- PROVISION
Once the Client has paid for his/her Order and has received the confirmation email sent by METAFLIGHT, he/she will be able to access the Products ordered or the functionalities of his Subscription without delay.
In the event of a question about the operation of the Subscription or the use of a Product, the Client has the possibility of contacting METAFLIGHT through the contact form available on the Platform. The latter will make its best efforts to respond to the Client’s problem.
In order to be able to benefit from its Subscription or its Products directly after payment of the price and receipt of the acceptance of its Order, the Client expressly agrees to waive his/her right of withdrawal, in accordance with Article L. 221-25 of the French Consumer Code.
Thus, the functionalities of the Subscription or the Products are made available to him/her before the end of the right of withdrawal, which the Client accepts by checking a box provided for this purpose, during the Order process.
- INTELLECTUAL PROPERTY
All rights, titles and interests in the intellectual property rights relating to the Platform, to the content published by METAFLIGHT, to the distinctive signs of METAFLIGHT, in particular to the brands, names and logos, are and will remain the exclusive property of METAFLIGHT or third parties having authorized METAFLIGHT to use them, of which the Client is aware.
The GCS do not grant the Client any rights, authorizations, and interests in the intellectual and industrial property rights on the Platform, for any reason whatsoever. The Client only has a personal and limited right to access and use the Platform, under the terms provided for in the general terms and conditions of use of the Platform.
Violation of the foregoing provisions would expose the offender and any person responsible to the criminal and civil penalties provided by law, including damages for infringement of intellectual property rights.
It is specified that METAFLIGHT does not guarantee that the Products will always be made available as they are presented on the Platform, but that it reserves the right to modify the appearance of the Products purchased, compared to the visual presented.
- PERSONAL DATA
METAFLIGHT undertakes to comply with all regulations and legislation relating to confidentiality and personal data collected and in particular Regulation (EU) n°2016/679 of the European Parliament and of the Council of April 27, 2016 known as “GDPR”, and the law French n° 78-17 of January 6, 1978 modified known as “Loi Informatique et Libertés”. For more information on the processing of personal data, the Client should read the Platform’s privacy policy available here: https://metaflight.aero/privacy-policy.
- DURATION OF THE SUBSCRIPTION
Initial term
The Subscription start date is the one appearing on the Subscription invoices communicated to the Client. The Subscription is concluded for an initial period of one (1) month or one (1) year , unless terminated within one (1) month before the end of the current period for the annual Subscription, and at the end of each period for the monthly Subscription, in the compliance with Articles L. 215-4 of the French Consumer Code, and Articles L. 215-1 to L. 215-3 and L. 241-3 of said Code reproduced below.
It is specified that the Client may switch from a monthly Subscription to an annual Subscription, and vice versa, subject to compliance with the end of the current period.
Renewal
In accordance with Article L. 215-4 of the French Consumer Code, the Client is informed of the provisions of Articles L. 215-1 to L. 215-3 and L. 241-3 of the said Code:
Article L. 215-1: “For service provision contracts entered into for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated e-mail, no earlier than three month and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, minus the sums corresponding, up to this point, to the execution of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information”
Article L. 215-3: “The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals”
Article L. 241-3: “When the professional has not made the reimbursement under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate”
Termination of the Subscription
The Client has the possibility of terminating his/her Subscription, via the dedicated tab of his/her client account. In any event, all monthly payments for the current period must be paid by the Client. If the Client has not terminated his Subscription in accordance with the aforementioned notice, the Parties will be engaged for a new period. The Client may close his/her account at any time during a current period, but in this case, all sums paid and those remaining due until the end of the Subscription, will be acquired by METAFLIGHT.
METAFLIGHT has the option of terminating the Client’s Subscription in the event of non-compliance by the latter with the provisions hereof, or breach of the provisions of any other contractual document binding the Parties, and in particular the general terms and conditions of use of the Platform.
It is specified that at the termination of the GCS, for any reason whatsoever, the Client will no longer have any right or possibility to use any virtual goods he/she held on the Platform. Neither payment nor compensation, of any kind whatsoever, will be due to him/her by METAFLIGHT.
- WARRANTIES
All Clients purchasing Products under the conditions hereof benefit from the guarantee of conformity and the guarantee against hidden defects, under the conditions provided for by the Consumer Code and the French Civil Code.
The Client having the quality of consumer, he/she benefits from the legal guarantee of conformity, as defined in articles L. 217-3 to L. 217-7 of the French Consumer Code, partly reproduced below.
Article L. 217-3: “The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5.
He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods.
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. (…)
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer’s action is the day of knowledge by the latter of the lack of conformity.”
Article L. 217-4: “The good complies with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract.
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted.
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract.
4° It is updated in accordance with the contract.”
Article L. 217-5-I: “In addition to the contract compliance criteria, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; (…)
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise; (…)
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19.
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature of the property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.”
Article L. 217-7: “The defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including the goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery. delivery, unless this presumption is incompatible with the nature of the property or the defect invoked.
For second-hand goods, this period is set at twelve months. (…)”.
Article L. 217-8: “In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out to this subsection (…)”.
When acting as a legal guarantee of conformity, the Client:
– has a period of two years from delivery of the Product to act.
– is exempted from providing proof of the existence of the lack of conformity of the Product during the 12 months following the delivery of the Product (for a second-hand product).
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Regarding the guarantee against hidden defects, the following articles of the French Civil Code are reproduced:
Article 1641 of the French Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired, or would have given only a lesser price, if he had known them“.
Article 1648 paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
The Client can implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the French Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
- FORCE MAJEURE
METAFLIGHT cannot be held liable for any breach of its contractual obligations as described in the GCS in the event of force majeure, as defined by law and the case law of French courts and tribunals. Cases of force majeure suspend the execution of the obligations arising from the GCS for the entire duration of their existence. However, if the case of force majeure lasts for more than one (1) month, the Order may be terminated.
- MISCELLANEOUS
Subject to what is expressly provided for in the GCS, no modification or addition may be taken into account without a written and validly signed agreement.
In the event that a competent court considers that a clause of the GCS is not in accordance with the law, said clause will be declared null and void, without this affecting the validity and effects of the GCS.
The failure for either party to avail itself, at a given time, of any of the provisions of the GCS, cannot be interpreted in the future as a waiver of the rights it holds hereunder.
- APPLICABLE LAW AND JURISDICTION
Any Order placed under these GCS is governed by French law.
The Parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or execution of the GCS. Within the limits permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.
In accordance with articles L. 612-1 and following of the French Consumer Code, the Client has, before initiating any dispute before the court, the right to refer the matter to a consumer mediator free of charge with a view to the amicable resolution of the dispute which would pit him against METAFLIGHT. The Client has the option of contacting the following mediator: [to be completed]. Referral to the mediator must be made within a maximum period of one (1) year from the date of the written complaint sent by registered mail with acknowledgment of receipt to METAFLIGHT. The referral is made by simple mail or directly on the mediator’s website according to the procedures indicated on the following link: [to be completed].
For all information on consumer mediation, the Client is invited to click on the following link: https://www.economie.gouv.fr/mediation-conso.
