1. Subject

The Regulations set out the principles of concluding between Customer and FlySpot of Agreement for rendering the Services, as well as performance of such Services in favor of Customer or another User, including terms of lodging and processing complaints.

2. Definitions

FlySpot – AEROTUNEL Spółka z ograniczona odpowiedzialnością Sp.K. seated in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000587608, tax identification number (NIP): 5252533508. Flyspot’s contact details: e-mail: [email protected], tel: 698626500;

Customer – natural person having full capacity to legal acts, legal person or organizational unit without legal personality but having capacity to legal acts;

Consumer – natural person buying a Product for purposes not directly related to his/her business or professional activity;

Registration – process of setting up Customer account in the Service involving Customer data for his/her identification in the Service and for making Booking and conclusion of Agreement;

Regulations – these Regulations;

Booking – booking of Service, including the time of its performance, made via Portal;

Portal – web portal run by FlySpot at www.flyspot.com;

Agreement – agreement for rendering of Service concluded between Customer and FlySpot;

Service - a service rendered by FlySpot consisting of flight at the Tunnel or flight simulator which may be accompanied by additional services such as in particular – in case of beginners using the Service – a training and providing helmet and suit;

Act on the Rights of Consumers – Act of 30 May 2014 on the rights of consumers;

User – a natural person actually benefiting from the Service purchased by Customer (whereas the User may also be Customer if Customer is a natural person);

Tunnel – wind tunnel run by FlySpot in Mory near Warsaw, 1 Wspólna Droga St. or in Katowice, 100 Chorzowska St.;

Voucher – a voucher entitling to take advantage of the Service offered by Flyspot. Purchase of Voucher is possible at physical sales outlets, in particular at FlySpot facilities, or via internet at sklep.flyspot.pl according to principles following from Terms and Conditions of Flyspot Online Shop.

3. Registration

1. Registration on the Portal is effected by completing the registration form available on the Portal. Upon its completion, Customer will receive an email at the address entered in the form, for the purpose of confirming the Registration. In the email, Customer will be sent registration data (account login and password) entitling to log into the account. The first log into the account is equivalent to its activation. In case of loss of the account login or password, Customer may use the procedure of their recovery by clicking on appropriate fields available in the Service.

2. During Registration, Customer is obliged to provide actual data.

3. Customer should keep secrecy of the login and password and duly protect them.

4. As far as permissible by law, Flyspot shall not be liable for any consequences of the Customer’s provision of erroneous or incomplete data or consequences of use of the Customer’s login and password by a third party.

5. Registration is not necessary to view the content of Portal.

6. Making Booking and purchasing of Service (conclusion of Agreement) is available only to Customers who previously completed Registration.

7. In order to use the Portal, including making Registration, Booking and concluding Agreement, it is necessary for Customer to have a computer with Internet access and Internet browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.), Additionally, to make Registration, Booking and concluding Agreement it is necessary to have an active e-mail account.

4. Booking; conclusion of Agreement

1. The information provided on the Portal is not an offer in the understanding of the Civil Code, but only an invitation to conclude a contract for sale.

2. To make Booking, Customer should select appropriate options available on the Portal, in particular select the Service and term of performance thereof.

3. When selecting the Service, Customer should pay attention to details provided on the Portal, including – in case of Tunnel flights – in particular number of minutes of flights and place of provision of the Services (Warsaw or Katowice).

4. After clicking a button showing time of execution of the Service (before accepting the Booking) Customer shall acquire information about the price of the Service.

5. Acceptance of the Booking, including price of the Service, takes place by clicking the button “Book” or other analogous. Thereafter, Customer is redirected to a page containing a link to the Regulations and – in case of Tunnel flights – containing content of statement the filling of which shall be required from the User before benefiting from the Service. After Customer confirms getting acquainted with the Regulations and content of the statement and confirms the will of making Booking of the Service of Tunnel flight for appropriate place (Warsaw or Katowice), Customer is being redirected to the payment page.

6. After making the booking Customer shall receive an e-mail with confirmation of details of the Service booked, including its type, date and price.

7. The Agreement between Customer and Flyspot is concluded upon payment for the Service.

8. If Customer does not pay for the Service being subject to Booking within 1 hour upon making the Booking, such Booking shall be annulled, with no further claims of either Party.

9. Payment for Service is possible with the use of the electronic payment methods available on the Portal, especially through DOTPAY. The payment service is offered to Customers by Dotpay S.A. seated in Cracow. Before making the payment, Customer should read and accept Dotpay’s Terms of Payment.

10. Making payment for the Service via electronic payment methods shall be confirmed by FlySpot by an email sent to Customer.

11. Agreement between Customer and Flyspot is concluded for a term of performance of the Service.

12. The prices indicated on the Portal include the value added tax.

5. Lack of right to withdraw from the Agreement

In case of making Booking of the Service and paying thereof (conclusion of Agreement with FlySpot), Customer shall not be entitled to withdraw from the Agreement. According to Article 38 point 12 of the Act on the Rights of Consumers, Customer may not benefit from such right even in case if a party to the Agreement is a Consumer.

6. JQuality of Services; complaints

1. FlySpot undertakes to perform the Service according to the terms of the Agreement, provisions of Regulations and the applicable law, exercising due care, assessed having regard to the professional character of performed activity.

2. Customer may submit a complaint with respect to Services or other actions of FlySpot related to the Services.

3. Complaints may be submitted via email to the address: [email protected] / [email protected] / [email protected] or by mail to Flyspot’s address indicated in the Definitions.

4. A complaint should, in particular, contain Customer’s details and description of the complaint.

5. Flyspot will process a complaint within 14 days of its receipt, by notifying Customer of its result to the email address provided by the Customer in the Customer’s account at the Portal, unless the Customer demanded in the complaint that the answer is sent to another address.

6. Should it be impossible to perform the Service due to circumstances not attributable to the Customer, in particular due to breakdowns in electric energy supplies, FlySpot shall propose to Customer performance of Service at another time agreed by the Parties. In case Customer did not use the Service due to reasons lying in his/her side, Article 7 below shall be applicable.

7. To matter not regulated herein respective provisions of the Civil Code shall be applicable to guarantee of quality of Services performed by FlySpot and Customer’s or User’s rights in case of any irregularities in performance thereof. In case the Service is purchased by Consumer also provisions of the Act on the Rights of Consumers shall be applicable, without prejudice to Article 5 above.

7. Personal data protection

1. In the scope described on the Portal and without prejudice to section 2 below, FlySpot allows making by Customer changes in the Agreement. The changes may regard in particular:

   1. date of Service booked by Customer, including in case the User did not appear at FlySpot at the agreed date when the Service was to be performed;
   2. in case of Tunnel flight – change of place where the Service is to be performed;
   3. change of Booking of Service to Voucher;
   4. renewing validity of Voucher (after expiry thereof);
   5. other changes of Service performance terms indicated on the Portal.

2. Making changes mentioned in section 1 above shall be subject to additional fee the amount of which results from price list available on the Portal. The amount of fee shall be dependent in particular on the type of change, including time remaining till the date for which the Booking has been made.

8. Personal data protection

1. The Controller of Customers’ and Users’ personal data is AEROTUNEL Spółka z ograniczoną odpowiedzialnością Sp.k., seated in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000587608, tax identification number (NIP): 5252533508, email: [email protected] (‘FlySpot’).

2. Personal data will be processed by Flyspot for purposes necessary for the performance of the Agreement. Moreover, Flyspot may use personal data for purposes relating to legally legitimate interests of the controller, in particular, for the marketing of services provided by Flyspot, including personal data profiling for the above needs, with the proviso that Customer, at any time, has the right to object to the processing of his/her personal data for the purposes set out in this sentence.

3. For marketing purposes, Flyspot may also process personal data under a separate consent given by Customer, within the scope of the consent. Such consent is voluntary and Customer may revoke it at any time, which, however, will not affect legality of the consent-based processing of personal data prior to the withdrawal of such consent.

4. Personal data may be transferred to data processors on Flyspot’s instruction, in particular subcontractors whom FlySpot engages in order to perform the Services.

5. In case of acquisition of Tunnel flight Service, Customer’s personal data (first name and surname) may be visible on the display panel inside the Flyspot building, in the ‘flight queue’. During the Booking of the service, Customer may – by editing an appropriate Booking field – place only Customer’s pseudonym (nick) in the flight queue, as entered in the Booking details.

6. Without prejudice to section 7-9 below, Customers’ personal data shall be stored by FlySpot during the period of performance of the Agreement and then – for a period required by legal provisions.

7. With regard to Customers who completed Registration for the Service, personal data will be stored by Flyspot throughout the period of the Service’s use and 12 months following the last login to the Service. Regarding personal data processed for marketing purposes, Flyspot will process such data until receipt of a possible objection from Customer or withdrawal of Customer’s consent.

8. As concerns Users benefiting from the Service of Tunnel flights, they will be asked before flying to fill and sign a declaration where the User should also provide certain personal data, including regarding health condition. The above data shall be collected on the basis of User’s consent for the purpose of performing the Service, in particular adjusting the manner of performing the Service to health problems, if any. Section 3 above shall be applicable.

9. Moreover, in case of purchasing the Service of Tunnel flight User’s image will be recorded by FlySpot in order for the User to be able to acquire videos from the flight which are sent upon User’s request to his email account or may be copied by the User at FlySpot facility to User’s data carrier. Videos with User’s image are deleted by FlySpot after [●] upon recording.

10. At FlySpot facilities video monitoring is in place in order to ensure safety of persons present at the buildings and safety of their property, as well as the property of FlySpot. Personal data collected as a result of applying video monitoring may be provided to entities authorized on the basis of applicable law to get access to such data. The controller stores recordings from the monitoring for a period no longer than 3 months with a proviso that records which may constitute a proof in legal proceeding may be stored longer, till final termination of the proceeding. Upon lapse of the above periods recordings from the monitoring containing personal data shall be deleted, unless otherwise provided by applicable law.

11. Apart from other rights specified in this article of the Regulations, Customer or User shall have a right to request from FlySpot access to the personal data, rectification or erasure thereof or restriction of processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.

12. Providing of personal data is voluntary however it is required for the purposes of performing of Agreement with FlySpot and using the Service.

9. Final provisions

1. Flyspot reserves the right to temporarily suspend availability of the Portal, especially in the case of its maintenance, repair or enlargement.

2. To the furthest legally permissible extent, Flyspot shall not be liable for the blocking by mail server administrators of emails sent to the address indicated by Customer, and for deletion or blocking of emails by the software installed on the computer used by Customer.

3. Flyspot, to the furthers legally possible extent, shall not be liable for any disturbances, including disruptions, in the operation of the Portal caused by force majeure, inadmissible third party actions or incompatibility of the Portal with the Customer’s technical infrastructure.

4. For statistical purposes and to ensure the highest quality of services, the Portal uses information saved by the server on Customer’s terminal device, which is then read on each browser connection (so called cookies). The Customer may, at any time, change browser settings so that it does not accept such files or informs about their transfer. Non-acceptance of cookies may cause impediments to use of the Portal. Customer’s use of a browser whose settings accept the installation of cookies on Customer’s device implies consent to the storage of the above files on Customer’s device.

5. Customer is obliged to refrain from any acts that could disturb proper operation of the Portal, especially from tampering with the software enabling operation of the Portal or contents presented on the Portal, and from providing any unlawful contents.

6. All disputes arising from the Agreement will be heard by the competent ordinary court. In the event of consent by Customer and Flyspot, the dispute may be submitted for out-of-court resolution. In particular, the case may be referred to a permanent consumer arbitration court agreed by the Parties.

7. In matters not regulated in these Terms and Conditions, the provisions of Polish law shall apply.