Regulations

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY FLYSPOT GROUP
I. GENERAL PROVISIONS
§ 1. SCOPE OF THESE TERMS AND CONDITIONS
1. These Terms and Conditions set forth the rules governing the provision of Services by FLYSPOT GROUP, including:
i. the rules for registering on the FLYSPOT GROUP Website and for operating the Website;
ii. the rules for using the Online Store, including the terms for placing Orders for Products, their delivery to the Customer, payment of the sales price for such Products, etc.;
iii. the rules governing the provision by FLYSPOT GROUP of Services at FLYSPOT GROUP facilities, in particular wind tunnel flights, flights on the Boeing 737 Flight Simulator, and diving in the Multi-Zone Diving Conditions Simulator;
iv. the Customer’s right to withdraw from the Agreement concluded with FLYSPOT GROUP;
v. the rules governing FLYSPOT GROUP’s liability for the provision of Services;
vi. the rules for filing and processing complaints;
2. These Terms and Conditions also constitute the terms and conditions for the provision of electronic services, as required under the Act on the 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 its 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, 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;
Website – the website operated by FLYSPOT GROUP, available at www.flyspot.com and www.deepspot.com;
Online Store – a store operated by FLYSPOT GROUP through the Website, where Products can be purchased remotely, available at sklep.flyspot.com and sklep.deepspot.com;
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 Wind Tunnel flight service provided by FLYSPOT GROUP, diving in the Multi-Zone Diving Conditions Simulator, or flight in the Flight Simulator, which may include additional services, such as—in particular, for beginners using the Service—training and the provision of necessary equipment;
Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights;
User – a natural person who actually uses the Service purchased by the Customer (whereby the User may also be the Client themselves, if they are a natural person);
Wind Tunnel – a wind tunnel operated by FLYSPOT GROUP;
Simulator – a Boeing 737-800 aircraft simulator operated by FLYSPOT GROUP;
Multi-Zone Diving Conditions Simulator – a diving facility operated by FLYSPOT GROUP;
Voucher – A product entitling the holder to use a service offered by FLYSPOT GROUP, including, in particular, a flight in the Wind Tunnel, use of the Multi-Zone Diving Conditions Simulator, or a flight in the 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 rules governing their purchase by the Customer. For the purposes of interpreting these Terms and Conditions, the term “Voucher” shall also include so-called “Credits” or “Packages” (in 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 Wind Tunnel). By using the purchased Credits/Packages, the Customer may make a Reservation and pay for flight Services in the Wind Tunnel, Simulator, and WSWM;
Order – an order for a Product placed by the Customer in the Online Store.
§ 3. Registration
1. 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 registration details (username and password for account access), which allow them to log in to their account. The first time the Customer logs in to their account, the account is activated. If the Customer loses their username or password, they may use the recovery procedure 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, FLYSPOT GROUP shall not be liable for the consequences of the Customer providing incorrect or incomplete information, or for the consequences of a third party using the Customer’s login and password.
(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 Rules
1. 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.
2. Payment for the Service may be made using the electronic payment methods available on the Website, including, in particular, via 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 Dotpay’s payment terms and conditions.
3. Payment for the Service made via electronic payment channels will be confirmed by FLYSPOT GROUP by sending an email to the Customer.
4. The prices of the Services listed on the Website include VAT or are shown as both net and gross amounts.

II. RULES GOVERNING THE PURCHASE OF PRODUCTS THROUGH THE ONLINE STORE
§ 5. Ordering Products;
1. To place an Order, the Customer must select a Product or Products. Optionally, the Customer may specify additional requests when placing an Order, in accordance with the options available on the Website, in particular a delivery address other than the Customer’s place of residence or registered office, a request to receive an invoice, etc.
2. When purchasing a Product, the Customer 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, depending on the type and scope of the service the Customer wishes to purchase, and, if applicable, select additional options, such as the days or hours of the week during which the Service can be used, to which the Voucher entitles the Customer, the number of minutes, the location where the Service will be provided, etc.
3. The order is placed when the Customer clicks the “Order and Pay” button or another equivalent button.
4. The Agreement between the Customer and FLYSPOT GROUP regarding the purchase of the Product is concluded for a fixed term until the Parties have fulfilled their obligations under the Agreement. The contract 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 contract 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.
5. The subject matter of the Product Sales Agreement consists of the Products, the main characteristics of which are specified 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
1. The processing time for an Order for a physical Product (clothing, accessories, gift cards, etc.) is up to 5 business days (Monday through Friday, excluding public holidays).
2. The Product is shipped to the Customer via courier to the address provided by the Customer in the Order.
3. 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 made. Credits and Minute Packages are available for use by the Customer immediately after payment is made.
4. 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 specified in the Order are unavailable, or if a Product can be delivered but within a timeframe longer than that specified in paragraph 1, the Customer may decide to cancel part or all of the Order.
5. FLYSPOT GROUP ships Products exclusively 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 electronic form.
6. In the event of damage to the shipment, it is recommended to prepare a damage report, which will facilitate the pursuit of any claims.
7. FLYSPOT GROUP undertakes to deliver Products free from defects.
8. In the event of physical defects in the Product:
i. if the Customer is a Consumer—FLYSPOT GROUP is liable to the Customer in accordance with the Terms and Conditions, the Civil Code, and the Act. In particular, FLYSPOT GROUP is liable to the Consumer under the warranty, in accordance with the Civil Code;
ii. If the Customer is not a Consumer, in the event of a defect in the Product, FLYSPOT GROUP 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, FLYSPOT GROUP’s liability for physical defects in the Product, including, in particular, liability under the warranty, is excluded.
9. In the event of legal defects in the Product, the provisions of the Civil Code shall apply.
§ 7. Withdrawal from the Contract
1. Subject to § 8, paragraphs 4–7 of the Terms and Conditions, a Customer who is a Consumer has the right to withdraw from the 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.
2. The notice of withdrawal may be sent by regular mail or email to [email protected] for Flyspot Wind Tunnel and Boeing 737-80 Simulator services, or to [email protected] for Deepspot services.
3. The customer may use the following contract withdrawal template:
– Addressee: FLYSPOT GROUP Sp. z o.o., 00-090 Warsaw, Al. Solidarności 75/26, email: ([email protected] or [email protected], as applicable)
– I/We(*) hereby give notice(*) 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.
4. FLYSPOT GROUP will confirm receipt of the notice of withdrawal from the Contract by sending an email to the Customer’s email address.
5. The consumer is required to return the Product immediately, but no later than 14 days from the date on which they withdrew from the contract. The Product should be returned to the following address: FLYSPOT GROUP sp z o.o., ul. Wspólna droga 1, 05-850 Mory. 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 Package.
6. In the event of withdrawal from the contract by the Consumer, FLYSPOT GROUP shall immediately refund to the Consumer all payments made by the Consumer, 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 cheapest standard delivery method offered on the Website, FLYSPOT GROUP is not obligated to reimburse the Consumer for any additional costs incurred.
7. The Consumer bears the direct costs of returning the Product. FLYSPOT GROUP does not accept cash-on-delivery returns and is not responsible for costs associated with such shipments.
8. FLYSPOT GROUP will issue a refund using the same payment method used by the Consumer.
9. The Consumer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.
10. Withdrawal from the Contract is not possible for any purchases made at brick-and-mortar stores operated by FLYSPOT GROUP.
§ 8. Special Terms and Conditions Regarding Vouchers
1. A Voucher—during its validity period—entitles the holder to use the services offered by FLYSPOT GROUP, as described on the Website for the specific Voucher. To use such Services, it is necessary to make a Reservation on the Website for the date of Service provision.
2. Unless a given Voucher expressly states otherwise, it will be valid for a period of 12 months from the date of purchase and, during this period, entitles the holder to make a reservation for the Services.
3. The Customer may change a reservation they have made (no later than 1 hour before the scheduled flight), but only if slots for the service in question are available and subject to the condition that such a change may be subject to an additional fee, the amount and payment method 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.
4. Pursuant to Article 38(12) of the Act, after using a Voucher to book a service (i.e., selecting the date of service use and entering the Voucher code), the Customer is not entitled to withdraw from the Agreement, including in cases where the Consumer is a party to the Agreement.
5. Subject to paragraph 6 and 7 below, the Customer has the right to withdraw from the Service Purchase Agreement, entered into as part of Credit or Minute Packages, without giving a reason and at no cost, within 14 days of the date the agreement was concluded. The rules described in § 7 above apply accordingly to the submission of the notice of withdrawal.
6. The Service may only be provided before the expiration of the withdrawal period if the Customer—by checking the appropriate checkbox—submits an explicit statement containing such a request. In this situation, if the Customer exercises the right to withdraw from the Agreement after submitting such a request, the Customer will be obligated to pay for services rendered 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.
7. 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 made, in accordance with Article 38(12) of the Consumer Rights Act.
§ 9. Booking
1. By selecting the appropriate options on the Website, the Customer may make a Booking, specifically by selecting the Service and the date of its performance.
2. 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.
3. After selecting the field with the Service date (before accepting the Reservation), the Customer will be informed of the Service price.
4. Acceptance of the Reservation, including the price of the Service, occurs by checking the “Reserve” box or another equivalent option. The Customer is then 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 declaration 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 Flight in the Tunnel 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 Agreement between the Customer and FLYSPOT GROUP is concluded 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 agreement between the Customer and FLYSPOT GROUP is entered into for the duration of the Service.
9. 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, point 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 RELATED TO THE PROVISION OF SERVICES
§ 10. Quality of Services; Complaints
1. FLYSPOT GROUP undertakes to provide 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, assessed in light of the professional nature of the activities performed. In particular, FLYSPOT GROUP undertakes to deliver Products free from defects.
2. 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.
3. Complaints may be submitted via email to [email protected] or [email protected], or by mail to the FLYSPOT GROUP address specified in the definitions.
(4) The complaint should include, in particular, the Customer’s data and a description of the complaint.
5. 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.
6. 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 on another date agreed upon by the Parties.
7. 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. Changes
1. To the extent described on the Website and subject to paragraph 2 below, FLYSPOT GROUP permits the Customer to make changes to the Agreement. Amendments may relate in particular to:
1) the date of the Service Reservation, including cases where the User failed to appear at a FLYSPOT GROUP facility on the reserved date for the Service;
2) in the case of a flight in the Wind Tunnel—a change in the location where the Service is provided;
3) a change to a Reservation made via a Voucher;
4) renewal of the Voucher’s validity period (after the expiration date);
5) changes to other terms and conditions of Service provision specified on the Website.
2. 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 reserved date of Service provision.
§ 12. Protection of Personal Data
1. 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, Al. Solidarności 75/26, 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] or [email protected].
2. Customers’ personal data will be processed by FLYSPOT GROUP for purposes necessary to perform the Agreement. In addition, FLYSPOT GROUP may use personal data for purposes arising from the legitimate interests pursued by the controller, in particular the marketing of services provided by FLYSPOT GROUP, including the profiling of personal data for the aforementioned purposes, with the proviso 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.
3. For marketing purposes, FLYSPOT GROUP may also process personal data based on the Customer’s separately expressed consent, to the extent resulting from 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.
4. Personal data may be transferred to entities processing it on behalf of FLYSPOT GROUP, in particular to subcontractors that FLYSPOT GROUP uses for the purpose of providing the Services.
5. When purchasing a Flight Service in the Tunnel, the Customer’s personal data (first and last name) may be displayed on an electronic board located inside the FLYSPOT GROUP building, in the “flight queue.” When booking a service, the Customer has the option—by editing the appropriate field in their booking—to display only the Customer’s nickname (as entered in the booking details) in the flight queue.
6. 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.
7. 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.
8. With regard to personal data processed for marketing purposes, FLYSPOT GROUP will process such data until the Customer objects or withdraws their consent.
9. Users of the Flight in the Tunnel Service will be asked, prior to their flight, to complete and sign a statement in which they must also provide their personal information, 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.
10. Furthermore, when purchasing the Tunnel Flight Service, 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 email address provided by the User or may be copied by the User at a FLYSPOT GROUP facility onto a storage medium of the User’s choice. Video footage containing the User’s image is deleted 7 days after the date of recording.
11. A video surveillance system is in operation on the premises of FLYSPOT GROUP facilities to ensure the safety of individuals present on the premises, as well as to protect their property and that of FLYSPOT GROUP. Personal data collected through video surveillance may be disclosed to entities authorized by law to access such data. The 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.
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 that FLYSPOT GROUP grant access to their personal data, rectify it, erase it, or restrict its processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.
13. Providing personal data is voluntary; however, it is necessary for the performance of the Agreement with FLYSPOT GROUP and for 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. 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 carried out.
2. 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, enhancements to the security of the Services, or if such changes are justified for other reasons.
3. 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.
(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. The Terms of Service may also be amended if the User agrees to the new version of the Terms of Service proposed by FLYSPOT GROUP.
6. 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, or for the deletion or blocking of e-by software installed on the computer used by the Customer.
7. To the fullest extent permitted by law, FLYSPOT GROUP shall not be liable for disruptions, including interruptions, in the operation of the Website caused by force majeure, unauthorized actions by third parties, or the Website’s incompatibility with the Customer’s technical infrastructure.
8. For statistical purposes and to ensure the highest possible quality of service, the Website uses information stored by the server on the Customer’s device, which is then read each time the web browser connects (so-called cookies). The Customer may at any time change their browser settings so that it does not accept such files or notifies them when they are being sent. Not accepting cookies may cause difficulties in using the Website. The Customer’s use of a browser whose settings allow cookies to be stored on the Customer’s device constitutes consent to the storage of such files on that device. Further information on the use of cookies can be found in the Privacy Policy.
9. The Customer is obligated to refrain from any actions that could disrupt the proper functioning of the Website, in particular from interfering with the software ensuring the Website’s operation or with the content presented on the Website, as well as from providing unlawful content.
10. Disputes arising from the Agreement shall be adjudicated by the competent common court. If both the Customer and FLYSPOT GROUP agree, the dispute may be resolved through out-of-court settlement; in particular, the matter may be referred to a permanent consumer arbitration court agreed upon by the Parties.
11. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.