Regulations

REGULATIONS FOR THE PROVISION OF SERVICES BY AEROTUNNEL
I. GENERAL PRINCIPLES
§ 1. SUBJECT OF THE REGULATIONS
(1) The Regulations set forth the rules related to the provision of Services by Aerotunel, including:
i. The rules for registering on the Aerotunel Service and running the Service;
ii. 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;
iii. The rules of Aerotunel’s provision of Services in Aerotunel facilities, in particular, the services of flights in the Wind Tunnel, flights in the Boeing 737 Airplane Simulator and diving in the Multi-Zone Diving Condition Simulator;
iv. Customer’s right to withdraw from the Agreement concluded with Aerotunel;
v. Aerotunel’s liability rules for the performance of the Services;
vi. rules for filing and processing complaints.
(2) These Regulations also constitute the regulations for the provision of services by electronic means, as required by the Law on Provision of Electronic Services.
§ 2. Definitions
Aerotunel – AEROTUNEL Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, 00-090, Al. Solidarności 75/26, registered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register, under KRS number 0000821632, NIP: 5252533508, share capital in the amount of PLN 19,000,000. Contact Aerotunel: e-mail: [email protected], tel: 698626500;
Customer – a natural person with legal capacity, as well as a legal person or an organizational unit without legal personality, but with legal capacity, who concludes or expresses the will to conclude a Contract with Aerotunel;
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, diving equipment, etc.) available for purchase from the Online Store;
Registration – the process of setting up 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;
Regulations – these rules and regulations;
Reservation – reservation of the Service and the date of its execution, made through the Service;
Service – the website operated by Aerotunel, available at www.flyspot.com and www.deepspot.com;
Online Store – a store operated by Aerotunel through the pages of the Site, where it is possible to purchase Products remotely available at sklep.flyspot.com and sklep.deepspot.com;
Contract – a contract for the provision of a Service (including the sale of a Product) concluded between the Customer and Aerotunel;
Service – the sale of goods (Products) through the Online Store, as well as services provided by Aerotunel, including, in particular, the service provided by Aerotunel of flying in the Tunnel, diving in the Multi-Zone Diving Condition Simulator or flying in the Flight Simulator, which may consist of additional services, such as, in particular, in the case of beginners using the Service, training and provision of necessary equipment;
Law on Consumer Rights – Law 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);
Tunnel – a wind tunnel run by Aerotunnel;
Simulator – Boeing 737-800 aircraft simulator operated by Aerotunel;
Multi-zone Diving Conditions Simulator – a diving facility operated by Aerotunel;
Voucher – a Product that entitles you to take advantage of a service offered by Aerotunnel, including, in particular, the Tunnel flight service, the use of the Multi-Zone Dive Condition Simulator or flight in a flight simulator. Unless the Terms and Conditions stipulate special conditions for Vouchers, the provisions of the Terms and Conditions regarding Products shall apply to the rules for their purchase by the Customer. By Voucher shall also be understood, for the purpose of interpretation of the Terms and Conditions, the so-called ‘Credits’ or ‘Packages’ (minutes), which are available for purchase on the Site and constitute the acquisition of the Service upon prepayment for the Service (in particular, the acquisition of a certain number of minutes of flights in the Tunnel). Using the acquired Credits/Packages, the Customer may make Reservations and payments for the Tunnel, Simulator and WSWM Flight Services;
Order – an order for a Product made by the Customer in the Online Store.
§ 3. Registration
(1) Registration on the Site is done by completing the registration form available on the Site. After completing it, the Customer will receive an email to the address provided in the form to confirm the Registration. In an email, the customer will receive registration data (login and password to access the account), authorizing the customer to log into the account. The first time you log in to your account is equivalent to activating it. In case of loss of login or password to access the account, the Customer may use the procedure for their recovery by clicking on the appropriate fields available on the Website.
(2) During the Registration, the Customer is required to provide true data.
(3) The customer shall keep secret and adequately protect the login and password.
(4) To the extent permitted by law, Aerotunel shall not be liable for the consequences of incorrect or incomplete data provided by the Customer and for the consequences of the use of the Customer’s login and password by a third party.
(5) Registration is not required in order to browse the Service.
6. make Reservations and purchase Services (conclude an Agreement) through the Service may only be made by Customers who have previously registered.
(7) In order to use the Website, including registration, Reservation and conclusion of the Agreement, it is necessary for the Customer to have a terminal device with access to the Internet and an Internet browser (type Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.). In addition, it is necessary to have an active e-mail account in order to make a Registration, Reservation and conclude a Contract through the Service.
§ 4. General principles
(1) The information provided on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude an Agreement.
(2) Payment for the Service is possible using electronic payment methods available on the Site, including, in particular, through the DOTPAY service. The payment service is offered to the Customer by Dotpay S.A. based in Krakow. Before making payment, the customer should read and accept Dotpay’s payment terms and conditions.
(3) Payment for the Service via electronic payment channels shall be confirmed by Aerotunel by sending an email to the Customer.
4 The prices of the Services indicated on the Site include VAT or are stated in net and gross amounts.

II. RULES REGARDING THE PURCHASE OF PRODUCTS THROUGH THE ONLINE STORE
§ 5. Ordering Products; price
(1) In order to place an Order, the Customer should select a Product or Products. Optionally, the Customer may indicate additional wishes when placing the Order, in accordance with the options available on the Website, in particular, a different place of delivery than the Customer’s residence or registered office, requesting an invoice, etc.
(2) When purchasing a Product, you must select its relevant options, as described in the Service, such as size, color, etc. In the case of Vouchers, it is necessary to make a selection of the type of Voucher, depending on the type and scope of the Service the Customer would like to purchase, and possibly make a selection of additional options, such as, for example, the days or hours of the week when the Service the Voucher entitles the Customer to, the number of minutes, the place where the Service is performed, etc.
(3) The order is placed when the Customer clicks the “Order and pay” button or any other equivalent.
(4) The contract between the Customer and Aerotunel for the purchase of the Product shall be concluded for a fixed period of time of performance by the Parties of their obligations under the Contract. The Agreement may be terminated in accordance with the procedures and terms of these Regulations, the Civil Code and the Law. In the case of the purchase of Vouchers, the contract also expires upon expiration of the Voucher, without further claims on the part of either Party. The validity period of the Voucher may be indicated on the Service or on the Voucher.
(5) The subject of the Product Sales Contract are Products, the main features of which are listed on the Website. Before placing the Order, the Service also shows the Product delivery costs (in case of delivery of physical Products to the Customer’s place of residence or any other place indicated by the Customer), and after the Customer selects the delivery option, the Customer is informed and accepts the final sum to be paid, which consists of the gross price for the Product, the delivery cost and any additional costs each time indicated on the Service.
§ 6. Delivery; quality of Products
(1) The lead time of an Order for a Physical Product (clothing, accessories, Vouchers in the form of cards, etc.) is up to 5 working days (days from Monday to Friday, excluding public holidays).
(2) The product is sent to the Customer by courier service, to the address specified by the Customer in the Order.
(3) The provisions of paragraph. 1 and 2 do not apply to Vouchers for the purchase of which the Customer has chosen an electronic delivery option (Electronic Voucher), as well as Credits and Minute Packages. Electronic vouchers are sent electronically to the e-mail address indicated by the Customer, immediately after payment of the Order. Credits and Minute Packages are available for use by the Customer immediately after payment.
(4) If, after placing an Order, it turns out that the Product is not available, Aerotunel will notify the Customer by e-mail and refund the funds paid by the Customer. If some of the Products indicated in the Order are unavailable, or if the Product can be delivered, but within the timeframe longer than indicated in paragraph. 1, the Customer may decide to cancel part or all of the Order.
5 Aerotunel provides for the possibility of shipping Products only to recipients in the territory of Poland. If you wish to order Products abroad, please contact Aerotunel. This restriction does not apply to products sold electronically.
(6) In case of damage to the shipment, it is recommended to write a damage report, which will facilitate the investigation of any claims.
7 Aerotunel undertakes to deliver Products free of defects.
(8) In case of physical defects of the Product:
i. if the Customer is a Consumer – Aerotunel is liable to the Customer under the terms of the Regulations, the Civil Code and the Law. In particular, Aerotunel is liable to the Consumer under the warranty, under the terms of the Civil Code;
ii. if the Customer is not a Consumer, in case of a defect in the Product Aerotunel undertakes, at its option, to replace the Product with a defect-free one or to refund the price paid by the Customer for the defective Product (withdrawal from the Contract). For the rest, Aerotunel’s liability for physical defects of the Product, including in particular warranty liability, is excluded.
(9) In the case of legal defects in the Product, the provisions of the Civil Code shall apply.
§ 7. Withdrawal from the contract
(1) Subject to § 8 para. 4 – 7 of the Terms and Conditions, the Customer who is a Consumer has the right to withdraw from the Product Purchase Agreement made through the Online Store, without giving any reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 par. 2 and Art. 35 of the Law, within 14 days from the date of receipt of the Products. To meet the deadline it is sufficient to send a statement of withdrawal before its expiration.
(2) The declaration of withdrawal can be sent by mail or e-mail to [email protected] if it applies to Flyspot Aerodynamic Tunnels and Boeing 737-80 Simulator services or [email protected] if it applies to Deepspot services.
(3) The customer may use the following withdrawal template:
– Addressee: AEROTUNEL Sp. z o.o., 00-090 Warsaw, Al. Solidarności 75/26, e-mail: ([email protected], or [email protected], respectively)
– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following products: __________________
– Date of contract(*)/acceptance(*)
– Name of Consumer(s)
– Address of the Consumer(s)
– Signature of the Consumer(s) (only if the form is sent in hard copy)
– Date
(*) Delete as needed.
(4) Aerotunel will acknowledge receipt of the notice of withdrawal from the Agreement by sending an email to the Customer at the email address.
(5) The consumer is obliged to return the Product immediately, but no later than 14 days from the day on which he withdrew from the contract. The product should be returned to the address of Aerotunel sp z o.o. ul. Common Road 1, 05-850 Mory. For Vouchers delivered electronically, as well as Credits and Minute Packages, there is no need to send them back. Upon Aerotunel’s receipt of the Customer’s statement of withdrawal from the Agreement, Aerotunel will block the code shown on the Voucher, allowing the use of the service, and will block the use of the minutes purchased under the Credit or Package.
(6) In the event of withdrawal from the contract by the Consumer, Aerotunel shall promptly refund to the Consumer the payments made by the Consumer, including the cost of delivery of the Product, in accordance with the provisions of the Law. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery offered on the Website, Aerotunel is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
7 The direct costs of returning the Product shall be borne by the Consumer. Aerotunel does not accept shipments sent back cash on delivery and is not responsible for the costs associated with such shipments.
8 Aerotunel will refund the payment using the same method of payment used by the Consumer.
(9) 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.
10. cancellation of the Agreement is not possible for any purchases made in stationary stores operated by Aerotunel.
§ 8. Special conditions for Vouchers
(1) The Voucher – during its validity period – entitles you to use the services offered by Aerotunel, as described in the Service for a given Voucher. In order to use such Services, it is necessary to make a Reservation on the Site for the date of the Service.
(2) Unless expressly provided otherwise in the Voucher, the Voucher shall be valid for a period of 12 months from the date of its purchase and during the above period shall entitle the holder to book the Services.
(3) It is possible for the Customer to change the reservation he has made (no later than 1 hour before the booked flight), but only subject to the availability of the dates of the service in question, and subject to the fact that making such a change may be subject to an additional fee, the amount and method of payment of which will be indicated in the Service. The amount of the fee may depend, in particular, on the time before the booked flight the customer would like to make a change.
4 According to Art. 38 pts. 12) of the Law, once the Voucher has been used for the purpose of booking a service (i.e., selecting a date to use the service with the Voucher code), the Customer is not entitled to withdraw from the Contract, including in the case where the Consumer is a party to the contract.
(5) Subject to paragraph. 6 and 7 below, the Customer has the right to withdraw from the Agreement for the purchase of the Service, purchased under Credits or Minute Packages, without giving any reason and without incurring costs, within 14 days from the date of conclusion of the Agreement. The rules described in § 7 above shall apply to the submission of the statement accordingly.
(6) The commencement of the Service before the expiration of the withdrawal period will be possible only on condition that the Customer – by checking the appropriate check-box – makes an explicit statement containing such a request. In the aforementioned situation, if the Customer exercises the right to withdraw from the Agreement after making the request, the Customer will be obligated to pay for the services provided up to the moment of withdrawal from the Agreement, provided that the price of such services (in particular, the price of the Tunnel minutes) will be determined according to their market value as of the date of the Customer’s exercise of the service or the date of the Agreement (depending on which price is more favorable to the Customer). Pricing information is available on the Website or at the reception desk or, at the request of the Client, can be sent to the e-mail address indicated by the Client.
(7) If a Reservation is made using Credits or Minute Packages, the Customer shall not have the right to withdraw from the contract with respect to the Reservation made, in accordance with Art. 38 pts. 12 of the Law on Consumer Rights.
§ 9. Booking
(1) By selecting the appropriate options on the Site, the Customer can make a Reservation, in particular, selecting the Service and the date of its implementation.
(2) When selecting a Service, pay attention to the details provided in the Service, including but not limited to. The number of minutes of flight and the location of the Service.
(3) After checking the given box with the term of the Service (even before accepting the Reservation), the Customer will be informed about the price of the Service.
(4) Acceptance of the Reservation, including the price of the Service, is made by checking the box “I book” or other equivalent. Then, the Customer is redirected to a page where there is a link to the Terms and Conditions and, in the case of a Tunnel flight, to the content of the statement that the User will be required to complete before using the Service. After the Customer confirms that he or she has read the Terms and Conditions and the contents of the statement, as well as confirms his or her desire to book the Tunnel Flight Service for a specific location, the Customer is redirected to the payment page.
(5) After making a Reservation, the Customer will receive an email back confirming the details of the reserved Service, including the type, date and price of the Service.
(6) The conclusion of the Contract by the Customer with Aerotunel shall be effected upon payment for the Service.
(7) 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 cancelled, without any further claims on either side.
8 The contract between the Customer and Aerotunel is concluded for the duration of the Service.
(9) If a Reservation is made and paid for (conclusion of the Agreement with Aerotunel), the Customer is not entitled to withdraw from the Agreement. According to Art. 38 pts. 12 of the Law on Consumer Rights, such a right is also not available to the Customer if the Consumer is a party to the Agreement.

III. OTHER RULES RELATED TO THE IMPLEMENTATION OF SERVICES
§ 10. Quality of Service; complaints
(1) Aerotunel undertakes to perform the Services in accordance with the terms of the Agreement, the rules arising from the Terms and Conditions and applicable law, and with due diligence, assessed taking into account the professional nature of the business performed. In particular, Aerotunel undertakes to deliver Products free of defects.
(2) The Customer shall have the right to file a complaint regarding the Services, as well as other activities carried out by Aerotunel in connection with the Services.
(3) Complaints can be submitted via email to: [email protected] or [email protected], or by mail to Aerotunel’s address as indicated in the definitions.
(4) The complaint should include, in particular, the Customer’s data and a description of the complaint.
(5) Aerotunel will consider the complaint within 14 days of its receipt, notifying the Customer of the manner of its consideration at the e-mail address provided in the Customer’s account on the Website, unless the Customer requested in the complaint to send a response to another address.
(6) In the case of Flight Services in the Tunnel or flight simulator, in case of inability to perform the Service for reasons beyond the Customer’s control, in particular due to power outages, Aerotunnel will offer the Customer the opportunity to perform the Service at another time agreed upon by the Parties.
(7) To the extent not regulated in the Regulations, the provisions of the Civil Code shall apply to the guarantee of the correctness of the performance of the Services by Aerotunel and 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. Changes
(1) To the extent described in the Service and subject to paragraph. 2 below, Aerotunel allows the Customer to make changes to the Agreement. In particular, changes may concern:
1) the date of the Service Reservation made, including if the User did not appear at the Aerotunel facility on the reserved date of the Service;
2) in the case of a flight in Tunnel – a change in the place where the Service is provided;
3) change the made Reservation to a Voucher;
4) Voucher renewal (after the expiration date);
5) changes in other rules for providing the Service, as indicated in the Service.
(2) Making the changes referred to in paragraph. 1 above, involves an additional fee, the amount of which is determined by the price list available on the Site. The amount of the fee depends primarily on the type of change, including the time remaining until the reserved date of the Service.
§ 12. Data protection
(1) The administrator of the personal data of Customers and Users is AEROTUNEL Limited Liability Company with its registered office in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register maintained by the District Court for the city of Warsaw. st. Warsaw, XII Economic Department of the National Court Register under the number 0000821632, NIP: 5252533508, e-mail: [email protected] or [email protected] .
(2) Customers’ personal data will be processed by Aerotunel for the purposes necessary for the performance of the Agreement. In addition, Aerotunel may use personal data for purposes arising from the legitimate interests pursued by the controller, in particular marketing of services provided by Aerotunel, including profiling of personal data for the above purposes, provided that the Customer has the right to object at any time to the processing of his/her personal data for the purposes referred to in this sentence.
(3) For marketing purposes, Aerotunel may also process personal data on the basis of the Customer’s separately expressed consent, to the extent of such consent. The granting of consent is voluntary, and the Customer may withdraw it at any time, except that the withdrawal of consent will not affect the legality of the processing of personal data on the basis of consent before its withdrawal.
(4) Personal data may be transferred to entities that process them on Aerotunel’s behalf, in particular to subcontractors that Aerotunel uses to provide the Services.
(5) In the case of purchase of the Aerotunnel Flight Service, the Customer’s personal information (name) may be visible on the light board located inside the Aerotunnel building, in the ‘flight queue’. When booking a service, the Customer has the option – by editing the appropriate field of his/her booking – to place in the flight queue only the Customer’s nickname (nickname) entered in the booking details.
(6) Subject to paragraph. 7 – 11 below, Customers’ personal data will be kept by Aerotunel for the period of performance of the Agreement, and thereafter for the period required by law.
(7) For Customers who have registered on the Service, personal data will be kept by Aerotunel for the period of use of the Service, whereby Aerotunel may delete the account on the Service and the personal data contained therein 12 months after the last login to the Service.
(8) With respect to personal data processed for marketing purposes, Aerotunel will process such data until any objection by the Customer is received or the Customer withdraws consent.
(9) With respect to Users using the Tunnel Flight Service, they will be asked before taking the flight to complete and sign a statement, in which the User should also provide his/her personal information, including information about his/her health. The aforementioned data will be collected on the basis of the consent given by the User, for the purpose of implementing the Service, in particular, adjusting the manner of performance of the service to possible. health problems. Mouth. 3 above is applicable accordingly.
(10) In addition, if the Tunnel Flight Service is purchased, the User’s image shall be captured by Aerotunel in order to enable the User to obtain videos of the flight, which shall be sent at the User’s request to the e-mail address indicated by the User or may be copied by the User at the Aerotunel facility to a storage medium of the User’s choice. Video materials with the captured image of the User are deleted after 7 days from the date of their recording.
11. there is a video surveillance system on the premises of Aerotunel, in order to ensure the safety of persons residing on the premises, as well as to protect the property of these persons and the property of Aerotunel. Personal data collected as a result of monitoring may be transferred to entities authorized by law to access such data. The administrator shall store surveillance recordings for a period of no more than 3 months, with the proviso that recordings that may constitute evidence in proceedings under the law may be kept longer, until the proceedings are legally concluded. After the expiration of the above periods, the image recordings obtained as a result of the monitoring containing personal data shall be destroyed, unless otherwise stipulated by separate regulations.
(12) 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 Aerotunel access to his/her personal data, rectification, deletion or restriction of processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.
(13) Provision of personal data is voluntary, but it is necessary for the purpose of executing the Agreement with Aerotunel and using the Service.
(14) To the extent not regulated in the Regulations, the provisions of the Privacy Policy and the provisions of applicable law shall apply to the rules of data processing.
§ 13. Final provisions
(1) Aerotunel reserves the right to temporarily suspend the availability of the Service, in particular in cases of maintenance, repair or expansion of the Service.
(2) Aerotunel reserves the right to change the Terms and Conditions with future effect if it is due to legal or technical circumstances, including changes in the scope of the Services provided by Aerotunel, to increase the security of the Services or if such changes are otherwise justified.
(3) Aerotunel shall notify Users of the proposed amendments to the Terms and Conditions by e-mail to the Customers’ addresses provided in the Registration process no later than 14 days before the amended Terms and Conditions are scheduled to take effect.
(4) The amended version of the Terms and Conditions shall be binding on the Client in a situation where the Client has not objected before the new version of the Terms and Conditions came into effect. If such objection is made, any Services purchased by the Client before the effective date of the new version of the Terms and Conditions will be provided in accordance with the existing version.
(5) Amendments to the Terms and Conditions may also be made by the User agreeing to the new version of the Terms and Conditions proposed by Aerotunel.
(6) To the fullest extent permitted by law, Aerotunel shall not be responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Customer and for the deletion and blocking of e-mail messages by software installed on the computer used by the Customer.
7 Aerotunel, to the fullest extent permitted by law, shall not be liable for interference, including interruptions, in the operation of the Service caused by force majeure, unauthorized acts of third parties or incompatibility of the Service with the Customer’s technical infrastructure.
(8) For statistical purposes and in order to ensure the highest possible quality of service, the Service uses information recorded by the server on the Client’s terminal device, which is then read every time the Internet browser connects (so-called “cookies”). The customer can change the browser settings at any time to not accept such files or to inform about their transmission. Failure to accept cookies may result in difficulties in using the Website. Customer’s use of a browser, the settings of which allow the storage of cookies on the Customer’s device, implies consent to the storage of the above files on that Customer’s device. For other information on the use of cookies, please refer to the Privacy Policy.
(9) The Customer is obliged to refrain from activities that could interfere with the proper functioning of the Service, in particular from interfering with the software that ensures the functioning of the Service or with the content presented on the Service, as well as from providing content of an unlawful nature.
(10) Disputes arising from the Agreement shall be heard by the competent court of general jurisdiction. If the Customer and Aerotunel agree, the dispute may be submitted to out-of-court settlement, in particular, the case may be referred to a permanent amicable consumer court agreed by the Parties.
(11) In matters not covered by the Regulations, the provisions of Polish law shall apply.