General Terms of Use

The General Terms of Use, which comprise these common general terms together with the special cost-sharing conditions (Annex I) and the special conditions for Commercial Flights (Annex II), apply to the services offered by the ESIFLY Website.

The services offered on this Website are published by Esifly SAS, a simplified joint-stock company (société par actions simplifiées) with variable share capital, registered with the trade and companies register under no. 91401957500010 and whose registered office is at 34 avenue des Champs Elysées, 75008 Paris.

The Website is a community platform accessible on the Internet, implemented and operated by Esifly.

Esifly offers to connect Advertisers (private pilots, airlines, helicopter operators) and Passengers in order to carry out Flights by Aircraft jointly, under the conditions and terms defined herein, including its Annexes 1 for Cost-Shared Flying and 2 for Commercial Flights.

The Website offers Users online technical tools and features enabling the publication of content for the purposes of:

• In particular, connecting Advertisers who wish to carry out a Flight with one or more Passenger(s) by:
• the distribution of a Flight offer on the Website, and
• the provision of a booking and payment management tool.
• Giving Users the opportunity to qualify their relationships and leave reviews based on the quality of the experience they have had through the Website.

Use of the Website is subject to acceptance of these Terms.

By creating a User Account, Users accept the Terms.

Only acceptance of these Terms allows Users to access the services offered by the Website. Acceptance of these Terms is entire and forms an indivisible whole, and Users may not choose to have only part of the Terms applied nor make reservations.

In the event of a breach of any of the obligations set out herein, Esifly reserves the right to delete the User Account concerned. This is in particular the case where a Private Pilot acts on a professional basis or where an Operator no longer holds the administrative authorisations required for commercial transport.

Esifly reserves the right to amend the Terms, the features offered on the Website or the operating rules of the Service at any time.

The amendment shall take effect immediately upon the publication online of the Terms, which every User acknowledges having previously understood and accepted.

Where the amendment occurs after payment by the Passenger of a sum of money corresponding to the booking of a flight, the amendment does not apply to the transaction in progress.

Esifly reserves the right to offer new services, whether free or paid, on the Website.

The Website is freely accessible to any Internet user with a recent, standard hardware and software computer configuration and a high-speed internet connection.

To benefit from the Services, each User must first create a User Account in accordance with the instructions on the Website, in particular by completing the online form or by communicating login credentials provided by partner third-party sites.

The Services implemented on the Website are exclusively reserved for persons legally capable of entering into commitments under the Terms.

The username and password ("login credentials") chosen by the User must not infringe the rights of third parties — in particular rights relating to surnames or trademarks — nor be contrary to public decency.

Registration is confirmed to the User at the email address they have provided, by an email from the Website containing the links necessary to confirm their registration. This confirmation email is sent subject to the communication of the information marked as mandatory on the aforementioned registration page.

The truthfulness and accuracy of the information provided by a User for the opening of an Account are presumed and engage the User's liability, in particular as regards their identity.

To protect Users' private information, only certain Account information is visible to others and only some of it is communicated to a User following the User's Acceptance of a Booking Request made by another User.

Esifly cannot under any circumstances be held liable for information communicated by Users that may be erroneous or fraudulent.

Distinction between individual and professional Advertisers during onboarding. When creating their Account, any User wishing to publish Listings ("Advertiser") must declare their status and choose one of the following two categories:

• Individual Advertiser (Private Pilot): a natural person acting on a non-professional basis and exclusively within the framework of Shared-Cost Cost-Sharing (Annex 1), without making any profit. Onboarding requires in particular the communication of their valid Pilot licence, their medical certificate and the supporting documents relating to the aircraft used;
• Professional Advertiser (Operator): a natural or legal person carrying out a commercial air transport activity (Annex 2), including airlines and helicopter operators. Onboarding requires in particular the communication of the applicable administrative authorisations (Operating Licence, CTA, ATO or DTO as the case may be), the company's registration information and any element enabling their professional status to be verified.

This qualification determines the obligations applicable to the Advertiser, the liability regime, the applicable special conditions (Annex 1 or Annex 2) as well as the checks carried out as part of onboarding and know-your-customer (KYC) by Esifly and its payment partner. Any inaccurate declaration of status, and in particular the fact of an individual Advertiser actually carrying out a professional activity, entitles Esifly to suspend or delete the Account in accordance with Article 1.4 and Article 2.3.

The User undertakes:

• (i) to hold only one Account on the Website;
• (ii) to use this Account only on a personal basis, all acts carried out under these login credentials being deemed to have been carried out by the User;
• (iii) to regularly update their information by logging into their Account;
• (iv) not to transfer their Account to a third party or to another User;
• (v) to keep their login credentials confidential. In the event of loss, misuse or unauthorised use of their login credentials, Esifly cannot in any way be held liable and the User must immediately inform Esifly of this situation, by email to: contact@esifly.fr.

Any User may delete their Account by logging into the Website, subject to honouring the commitments made to another User.

Esifly reserves the right to delete a User Account, in particular in the event of:

• a. Breach of a provision of the Terms, in particular in the event of misuse of the services offered by the website;
• b. Failure to log into their User Account for a period of two (2) years and after sending a reminder email that has remained without effect for eight (8) weeks;
• c. Harm caused by a User to other Users, in particular by regularly damaging or destroying the Aircraft or the equipment attached to it;
• d. Circumvention or attempted circumvention of the Website (i.e. attempting to carry out a flight without going through the Platform). Any exchange of contact details (telephone number, email, Facebook profile, etc.) via Esifly messaging may be classified as an attempt at circumvention and may be liable to result in deletion of the account;

The User undertakes not to create or use any account(s) other than the one(s) initially created, whether under their own identity or that of third parties.

Any exception to this rule must be the subject of an explicit request from the User and of express and specific authorisation from Esifly. Creating or using new accounts under one's own identity or that of third parties without having requested and obtained Esifly's authorisation may result in the immediate suspension of the User's accounts and of all associated Services.

Any Advertiser User may publish one or more Listing(s) on the Website in order to benefit from the Services.

To this end, the Advertiser must in particular:

• (i) Complete the various forms provided for this purpose on the Website and, at a minimum, the information marked or indicated as mandatory;
• (ii) Indicate the dates and times of the Flight on the calendar;
• (iii) Indicate the amount of the Price or of the Cost Contribution;
• (iv) Where applicable, specify the type of cancellation conditions they wish to impose on the Passenger;
• (v) Specify the rules and any supplements that may be charged to the Traveller in the context of the Flight;
• (vi) Be able to demonstrate, upon first request by Esifly and/or a Passenger:
• a. their right to have the use of the aircraft;
• b. the ratings, diplomas and/or qualifications and, where applicable, licences and certificates enabling them to carry out the flight with the proposed aircraft;
• (vii) Not to include or distribute on the Website:
• a. links to other sites whose activities are competing with or related to the Services, except with the express authorisation of Esifly;
• b. links to external content such as personal pages;
• c. malicious, disparaging, deliberately misleading, unlawful information and/or information contrary to public decency or to these Terms;
• d. any sensitive information of racial or ethnic origin or relating to political, philosophical or religious opinions, trade union membership, sex life or health, or contrary to public decency and the law.
• (viii) To comply with public policy provisions.

Failing compliance with these provisions, Esifly may delete the User's Account.

Passengers have a set of filters enabling them to best target their Flight search. The results obtained are ranked in order of relevance to the criteria selected by the Passenger.

Any request to book a flight is carried out by following the Website's booking process.

When making the Booking Request, the Passenger sees:

• (i) A description of the selected Listing and the places, dates and times of the intended Flight;
• (ii) Where applicable, the applicable cancellation conditions;
• (iii) The cost to be paid, which includes:
• a. the amount paid back to the Advertiser;
• b. Where applicable:
• Additional fees expressly referred to in the Listing (consumables, cleaning, etc.);
• The price of the insurance (cancellation, assistance, deposit waiver or other) possibly taken out by the Passenger with an external insurer if this Service is offered on the Website;
• c. The amount of the Service Fees charged by Esifly.

It is up to the Passenger to verify that they have properly taken into account the additional charges billed to them.

Once the Booking Request has been made by the Passenger, the latter is invited to follow the payment procedure described below in order to validate their Booking Request.

2.4.3.1 ESIFLY service fees

ESIFLY charges the Passenger service fees specific to the use of the platform and to the services performed by ESIFLY.

These service fees are separate from any cost-sharing contribution for a flight and constitute neither the price of the flight nor any amount intended for the Pilot.

They remunerate, depending on the services used, in particular:

• access to and use of the ESIFLY platform;
• the processing of the Passenger's request;
• the steps taken to search for availability among the Pilots listed on ESIFLY;
• the booking and request management tools;
• the messaging and communication tools made available;
• the administrative processing of the request;
• the assistance and customer service relating to the use of the platform;
• more generally, the technical and administrative services provided by ESIFLY in connection with the Passenger's request.

The amount of the service fees is indicated to the Passenger before the validation and payment of their order. It includes applicable VAT.

ESIFLY service fees are legally and financially distinct from any amounts that may be owed to a Pilot in respect of a possible cost-shared flight.

The confirmation or completion of a flight does not constitute the consideration for ESIFLY service fees. In particular, ESIFLY does not guarantee that a Pilot will accept the Passenger's request or that a flight can actually take place.

Where ESIFLY has started and actually performed the services corresponding to the service fees, in particular the processing of the request and the steps taken to search for availability, those fees remunerate the services thus performed.

Consequently, the absence of confirmation of a flight by a Pilot, the unavailability of the Pilots listed on ESIFLY, or the Passenger's decision to subsequently use a solution outside the platform do not, in themselves, give rise to a refund of the services already actually provided by ESIFLY.

The provisions of this article apply without prejudice to the mandatory rights enjoyed by consumers under applicable law.

2.4.3.2 Payment by the Passenger

Payment of a booking by the Passenger is made at the time of the booking request via Esifly's payment system by bank card (Carte Bleue, Visa, MasterCard) or PayPal account or any other means that Esifly makes available on its Website.

For any payment by bank card, Esifly has equipped itself with a secure payment system implemented for Esifly by a secure payment partner. This payment protocol is recognised for the protection of data transmitted over the Internet.

The initiation of a payment by the passenger on the Website constitutes acceptance of the general terms and conditions of the payment partner.

Payment is made in the following sequence: (i) at the time of the booking request, the Passenger pays the Introduction Fees, which constitutes acquisition of the Booking and triggers the solicitation of the Advertiser; (ii) after acceptance by the Advertiser, the Passenger pays the Cost Contribution (direct costs of the flight), from their personal area, according to the same secure payment arrangements.

Upon a positive response from the banking institution, the Booking request is made to the Advertiser, who has the period indicated to the Passenger to accept it. Failing acceptance within this period, or in the event of refusal, the request relating to the desired date is closed, the Booking remains valid, and the Passenger benefits from re-matching with another Advertiser or from a Rescheduling in accordance with Article 2.4.5. No Cost Contribution is due as long as an Advertiser has not accepted the flight.

In the event of a negative response from the banking institution, Esifly will immediately inform the Passenger of the failure of the transaction.

The Introduction Fees remunerate an intermediation service deemed rendered as soon as the Passenger is effectively connected with an Advertiser and access to scheduling is opened. They are consequently acquired by Esifly and non-refundable, including where the Passenger gives up their flight, does not show up, or does not proceed with the Rescheduling of their Booking during its validity period. By way of exception, they are refunded where no Advertiser could ever be proposed to the Passenger to honour their Booking throughout its validity period (total impossibility of performance), according to the arrangements of Article 2.4.5 bis.

The payment orders given by Users in accordance herewith are irrevocable and will be executed for Esifly by the payment partner.

The Passenger and the Advertiser undertake to respond favourably to any request from Esifly or the payment partner and, more generally, from any competent administrative or judicial authority in connection with the prevention of or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity. In the absence of an immediate response to these requests, Esifly and/or the payment partner may take any appropriate measure, in particular the freezing of the sums paid and/or the suspension of the services used by the Passenger or offered by the Advertiser.

Payment to Advertisers will only be made in favour of Advertisers who have opened a bank account in their own name.

Clause – Payment mandate

In the context of the shared-cost flights offered on the Esifly platform, the pilot entrusts Esifly with a collection mandate for the following purposes:

Collection on behalf of third parties via a regulated payment services provider

Esifly is expressly mandated by the pilot to collect, in the name and on behalf of the pilot, the sums paid by passengers corresponding solely to the direct costs of the flight as defined by Regulation (EU) No 965/2012 – Part-NCO. These sums are collected and held exclusively by Esifly's licensed payment services provider partner (Online Payment Platform B.V., a payment institution licensed by the DNB, in cooperation with Worldline), within its regulated payment infrastructure. Esifly is neither a depositary, nor an escrow agent, nor an escrow service, and at no time holds the passengers' funds or those of the pilots. These sums are collected outside the scope of VAT, in accordance with the tax legislation in force.

Transfer of funds

After the actual performance of the flight and in the absence of any dispute from the passenger within the time limits provided herein, the payment services provider proceeds to pay, for the benefit of the pilot, the total amount of the direct costs paid by the passengers, less any bank charges relating to the transaction. This transfer takes place within a maximum period of three (3) business days following validation of the flight, subject to the proper performance thereof and the absence of any dispute or action within the framework of the internal resolution programme referred to in Article 4 bis hereof.

Esifly service fees

The service and organisation fees charged by Esifly for connection, coordination and administrative management are distinct from the direct costs of the flight. These fees, subject to VAT at the applicable rate, remunerate exclusively the intermediation services provided by Esifly.

No carrier or fund-custodian status

Esifly acts exclusively as a technical intermediary and at no time intervenes in the holding of funds, which falls entirely to the licensed payment services provider. Esifly is not an air carrier and provides no transport service; the flight service is provided directly by the independent pilot, who retains the status of pilot in command under their own responsibility.

2.4.3.3 Payment of the Advertiser's fees

Once payment has been made, the Advertiser will inform Esifly of the completion of the flight. The Passenger is then informed by Esifly of the notification made by the Advertiser. The passenger then has a period of forty-eight hours (48h) to contest the Advertiser's declaration, which suspends payment until the dispute is resolved.

At the end of this period, and in the absence of confirmation or contestation by the Passenger, Esifly considers that the Passenger's confirmation is implicit.

As of this confirmation, the Advertiser has a credit due and payable on their User Account. This credit corresponds to the amount paid by the Passenger less the Service Fees.

Esifly transmits the payment orders to the payment partner on the first business day following the request made on the Website by the User.

To this end, the Advertiser provides Esifly with the bank details shown on their bank account identification statement (RIB) or postal account identification statement (RIP), enabling the transfer to their account. This information is to be entered exclusively by the User in their personal area of the website.

Under no circumstances will Esifly pay the sum due otherwise than by bank transfer, thereby excluding any payment in cash or by cheque.

Esifly is in no way liable or a guarantor towards the Advertiser for a payment incident if, for any reason whatsoever, the sum paid by the Passenger has to be returned, in particular in the event of a card stop or fraudulent use.

The Advertiser undertakes to return to Esifly, upon first request, any sum received that is called into question as a result of such a payment incident.

The cancellation option ("Flexibility option") is an optional (opt-in) service offered when booking on the esifly.fr website. It does not constitute an insurance contract. It allows the Passenger, in the event of a cancellation on their part, to obtain a refund of the Cost Contribution according to the conditions (time limits, amount) displayed at the time of subscription.

Subscription to this option is in no way a condition for the Passenger to exercise their right to a refund in the event of definitive cancellation of the flight by the provider. In the event of definitive cancellation of the Flight by the Advertiser, the Passenger benefits from the right provided for in Articles 2.4.5, Annex 1 Article 5 and Annex 2 Article 6 hereof, regardless of whether this option has been subscribed.

The price of the option is indicated at the time of booking and is not refundable in itself. The Introduction Fees remain, in any event, acquired by Esifly.

In accordance with the regulations, the right of withdrawal does not apply on Esifly.

The User's attention is drawn to the fact that the service does not benefit from a 14-day withdrawal period once performance has begun, in accordance with Article L221-28 of the French Consumer Code.

The Website provides Users with an evaluation tool enabling them to evaluate each other at the end of the Flight and to assign a level of trust to each User, visible to the entire community of Users.

Except in exceptional cases, the Website does not systematically check reviews and invites Users:

• to give exclusively truthful, objective indications strictly related to the Flight;
• not to include any name, email or postal address, or telephone number;
• not to infringe the rights of third parties, in particular personality rights;
• not to make any vulgar, obscene, racist remarks that are harmful to young people or insulting, nor to link to any such link or script;
• not to make any defamatory remarks;
• to inform the Website in the event of non-compliance with the foregoing points by another User by contacting: contact@esifly.fr

In the event of non-compliance with these provisions, of a legal provision, or in the performance of an administrative or judicial decision, Esifly may delete all or part of the review made by a User.

4.1 Liability regarding Flights published by Users

As Esifly limits itself to publishing a website offering tools for connecting Advertisers and Passengers, it cannot in any way be considered a carrier.

Esifly intervenes only as a technical intermediary and limits its Services to making available a community platform offering various features, in particular the management of Flight bookings by Users. It does not intervene in the definition of the Flight, the timetable, the conditions of the flight, the aircraft chosen, or the identity of the Pilot.

4.2 Liability regarding the services offered by the Esifly website

Esifly cannot guarantee to the User that its Services will be free from errors or defects or that they will meet the expectations and constraints specific to each User. It reserves the right to temporarily suspend access to the Website or to certain features, in particular for evolutionary or corrective technical maintenance operations specific to its operation.

Esifly:

• (i) may in no case be declared liable in the event of total or partial suspension of its Services in the event of force majeure, application of a judicial or administrative decision, or disruption of telecommunications, computer and/or telephone networks, and
• (ii) declines all liability regarding the possible loss of information relating to Users on the Website and recommends that they regularly arrange for the backup of this information.

In accordance with the provisions of Article 6-I of the French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Esifly's civil liability may only be engaged if it has been notified of the unlawful nature of the activities or information stored by a User on the Website. Esifly consequently reserves the right to delete any Account contravening any legal or regulatory provisions or contrary to the Terms.

The Services delivered on the Website cover in particular neither the verification of the content, nor the truthfulness or accuracy of the Listings. Moreover, Esifly is in no way a party to the contracts entered into between Users following the bookings made using the technical means and tools of the Website and cannot guarantee the proper performance of the Flights.

IN THIS RESPECT, Esifly:

• (i) Provides no guarantee, in particular as regards Listings that are misleading or likely to mislead a User;
• (ii) Strongly recommends that Users, before or upon boarding, verify both the conformity of the Aircraft with the description of the related Listing, and the reality of the Pilots' skills and experience.

Esifly verifies the licences and/or certificates relied upon by the Advertiser to carry out the advertised flight. However, Esifly cannot be liable for the consequences of any fraud or falsification of the documents communicated.

Esifly's liability is expressly limited to cases of non-performance of the Terms alone and it is, in this respect, subject to a mere obligation of means, which the Users expressly acknowledge.

Any User of the Website whose behaviour during Flights has revealed a breach of the provisions of the Terms or which has resulted in harm or a risk of harm to the safety of Users may have their Account deleted by Esifly, without any possibility for that User to claim compensation of any nature whatsoever.

5.1 Esifly's intellectual property

Esifly owns or holds the intellectual property rights over the Website and in particular over all the texts, comments, works, illustrations, logos, pictograms, or any graphic or design elements, architecture, software, videos, images, music, etc., whether visual or audio, reproduced on the Website, as well as over the databases for which it has the status of producer within the meaning of the provisions of the Intellectual Property Code (the "Website Elements").

All the elements of the Website produced and published online by Esifly are protected under copyright and/or trademark law and/or the sui generis right of databases, and this worldwide.

Esifly will take any action necessary to preserve its rights and interests against any person who, without its prior written authorisation, reproduces, represents, translates, extracts, adapts, or distributes in any way whatsoever all or part of the elements of the Website.

5.2 Users' intellectual property

Users are solely responsible for the content they publish on the Website and must ensure that they hold all the rights and authorisations necessary for the distribution of this content on the Website.

The uploading by the User of any content protectable under copyright, trademarks, databases or otherwise confers on Esifly, for the duration of the copyright and worldwide, a non-exclusive right to reproduce, represent, translate and adapt the content on the Website and on any other digital, analogue or paper medium.

The User guarantees Esifly against the consequences of any claims relating to the rights in the content they upload to the Website, emanating from any third party invoking the infringement of any right whatsoever (counterfeiting, unfair and/or parasitic competition, etc.) on the basis of an intellectual property right or any other right belonging to it.

The User undertakes to indemnify Esifly for any harm it may suffer and to reimburse it for the damages, costs, in particular advisory costs, that it may have incurred in this respect.

Esifly collects from the User personal data concerning them as well as their related parties, in the context of flight bookings and associated services.

Esifly makes the protection of Users' personal data a priority in its capacity as "Data Controller" within the meaning of Law No. 2018-493 of 20 June 2018, promulgated on 21 June 2018, which amended Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, in application of Regulation (EU) 2016/679 on data protection (the "GDPR"), as regards the confidentiality and security of data.

The personal data communicated by Users are collected for the performance of the Services available on the Website (names, postal and email addresses, banking information, etc.).

6.1 The use of Cookies during the User's visit to the Website

In this respect, and in particular to simplify the User's access to the Services and to their Profile during visits following their first connection to the Website, Esifly also uses cookies that remain on the User's computer disk once their browser is closed.

Esifly also uses so-called "session" cookies necessary for the analysis of the use and structure of the Website with a view to constantly improving the Services and technical means accessible by the User of the Website.

Certain cookies are essential for the use of the Website, others make it possible to optimise the use of the site and to personalise the content displayed. Thus cookies make it possible to:

• Measure and analyse the traffic of the use of the Website, its sections and the flight services offered, and to carry out studies in order to improve the ergonomics of the Website;
• Allow the User to access reserved and personal areas of the Website or of our services (registration, access to your account) or information that the User has chosen (services or flight subscribed, contents of your basket);
• Implement security measures;
• Limit the number of advertisements displayed.

Only the issuer of the cookie concerned is able to read or modify the information contained therein.

The User can always manually delete these cookies or manage their authorisations for their implementation by modifying the settings of their browser.

Esifly does not use these tracking tools to transmit this data to third parties or to marketing platforms, nor to link the data with personal data (name, address, etc.) without the express consent of the User. Where applicable, this consent will be sought from the User beforehand.

6.2 Disclosure of personal data to related third parties

To accomplish the aforementioned Purposes, the User expressly consents to the collected data being communicated to the following recipients:

• Social media platforms that may offer features allowing them to integrate into their Esifly profile information from their account on their own platforms;
• Esifly's insurer partners. For example, Esifly is likely to provide certain information to its insurer to confirm eligibility for the Users' insurance programme;
• Esifly's commercial and advertising partners and providers, within the limits authorised by law;
• Esifly's association partners such as aeronautical federations;
• Organisations responsible for carrying out surveys or polls;
• More generally, the service providers, agents and subcontractors contractually linked to Esifly, for the performance of tasks directly relating to the purposes described above;

The User acknowledges and expressly accepts that some of the personal data collected by Esifly for the management of their Listing and the performance of the related booking requests require the communication to Users of certain of this data, such as surnames, first names, postal, email and telephone details, names of aircraft, precise locations of aircraft, with the notable exception of banking data.

6.3 Right of access to and rectification of personal data

The personal data may give rise to the exercise of the right of access and rectification under the conditions provided for by the GDPR as well as by the amended Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms.

The User may obtain a copy of the data concerning them and, where applicable, have inaccurate, incomplete or outdated information rectified, updated or erased.

The User may also exercise their rights of objection, in particular as regards commercial or marketing prospecting, and of restriction of the processing of their data, as well as their right to the portability of the information concerning them.

The exercise of these rights shall be carried out by post to Esifly's registered office: 34 avenue des Champs Elysées, 75008 Paris, or by email to contact@esifly.fr .

For any request for the right of access to data, the User is asked to enclose with the letter or email a proof of identity.

6.4 Location data (precise and approximate)

Esifly distinguishes two types of location data, in accordance with the transparency requirements of application distribution platforms (in particular the "Data safety" section of Google Play):

• Approximate location: deduced from the User's IP address (country, region, city), used for audience measurement, security and content adaptation purposes; it does not make it possible to precisely locate the User on a map.
• Precise location: obtained via the device's geolocation service (GPS), only after the explicit authorisation of the User at system level, in order to pre-fill their position, find the nearest heliports, aerodromes and flights, and facilitate the creation of Listings. The User may refuse or revoke this authorisation at any time in the settings of their device or browser, with manual entry then taking over.

Precise location is only collected when it is necessary for the feature used and is not exploited for advertising purposes. The precise locations of aircraft communicated between Users in the context of a booking fall under Article 6.2.

6.5 AI Assistant and third-party artificial intelligence integrations

The Website provides a conversational assistant ("ESIFLY Assistant") that relies on a third-party artificial intelligence provider (Anthropic, Claude models) to answer the User's questions and help them search for flights or prepare a quote.

• Limited use: the data entered in the assistant (the content of the messages, which may include flight criteria and, where applicable, a contact email address) is transmitted to this provider for the sole purpose of generating a response and providing the requested feature, and not for purposes unrelated to this service.
• Disclosure: the processing is carried out by this AI provider in accordance with its own terms of use and privacy policy; by default, these exchanges are not used to train its models.
• Consent: use of the assistant is optional; the User only sends data to the AI when they choose to interact with the assistant. They are invited not to communicate sensitive information or more personal data than necessary.

For more details on this processing, the User is invited to consult the privacy policy.

If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law, a regulation or following a court decision that has become final, the other provisions shall retain all their force and scope. Where applicable, Esifly undertakes to immediately delete and replace the said clause with a similar and legally valid clause.

In the event of difficulty of interpretation between the heading and the chapter of any of the articles and any of the clauses, the headings shall be deemed not written.

Any claim in connection with these Terms is time-barred within a period of one year.

It is irrebuttably presumed that the Advertiser or the Passenger waives any payment that has not been requested within a period of one year. The unclaimed sums are acquired by Esifly.

These Terms are governed by French law.

Any claim must be sent within a maximum period of fifteen (15) days after the performance or the scheduled date of performance of the Service subscribed by the User to the following address: Esifly, 34 avenue des Champs Elysées, 75008 Paris, or by email to the following address "contact@esifly.fr".

Any dispute that may arise in connection with the performance or interpretation of these Terms shall, failing a prior amicable settlement, fall within the jurisdiction of one of the courts provided for in Section 4 of Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction.

With regard to Cost-Sharing flights (see Definitions), the connection service offered by Esifly excludes any commercial or professional operation.

European Regulation 379/2014 authorises shared-cost flights carried out by private individuals, provided that the direct cost is shared among all occupants of the aircraft, including the pilot, and that the number of persons bearing the direct cost does not exceed six (6). For microlight (ULM) flights, national rather than European regulations apply.

In this respect, the regulations and these Special Cost-Sharing Conditions prohibit Pilots from making any profit whatsoever.

Cost-sharing flying does not fall within commercial air transport and forms part of a safety framework distinct from that applicable to commercial aviation.

Only the following are authorised, for Cost-Sharing flights: three-axis microlights (ULM) and aircraft of non-complex power within the meaning of the order of 9 February 2015 adopted in application of Regulation EU 965/2012 as amended by Regulation 379/2014 determining the technical requirements and administrative procedures applicable to air operations, namely, aeroplanes with a maximum take-off mass of 5.7t, certified to be operated by a single pilot, and helicopters, with a maximum take-off mass of 3,175kg certified to be operated by a single pilot, duly registered or identified and benefiting from the administrative authorisations to circulate freely in European airspace.

Only the operators of these types of Aircraft may be Users of the Website.

The sum of money requested from the passenger and corresponding to the contribution to the costs of the flight is calculated by the Pilot under their sole responsibility. It must be strictly limited to the sharing of costs among the occupants of the aircraft, namely the pilot and the passengers, who may not be more than 6 persons, pilot included.

The Pilot may under no circumstances derive any profit from this operation. Failing this, the Pilot alone will bear the risks of reclassification of their unauthorised service.

ESIFLY reserves the right to adapt the minimum contribution rate in the event of a regulatory change or a recommendation from the competent authority.

4.1 Respective obligations of the parties

It is recalled that, in the context of the agreed Flight, the Pilot and Passenger mutually undertake to:

• (i) present themselves at the agreed dates, times and place: failing this or in the event of cancellation, Esifly reserves the right to keep this cancellation information in a database and/or to inform Users on the Pilot's profile and/or to suspend the Advertiser concerned's access to the Website;
• (ii) use their best efforts for the proper conduct of the Flight.

4.2 Obligations specific to the Pilot

4.2.1 Licences, qualifications and airworthiness

Prior to the Flight, the Pilot expressly undertakes:

• (i) to be in possession of:
• a valid Pilot licence,
• a valid medical certificate;
• (ii) to comply with the passenger-carrying conditions, namely 3 landings and 3 take-offs in the 3 months preceding the flight;
• (iii) to ensure that their Aircraft is duly declared and/or registered with any local, national and/or international administration;
• (iv) to ensure that the Aircraft and all the mandatory and/or optional equipment on board comply with the regulations, in particular all equipment relating to safety;

4.2.2 Insurance

The pilot undertakes to use an aircraft equipped with valid civil liability insurance, meeting at least the minimum mandatory regulatory requirements provided for by the regulations in force governing the flight and/or the aircraft used, namely Regulation EC 785/2004 of 24 April 2004 or any national or European regulation likely to amend it or to apply in its place, and will take care to comply with the cover conditions provided for by the policy and in particular to make no profit that would enable the insurer to refuse its cover by reclassifying the flight as a commercial flight, or to carry out no manoeuvre likely to result in an exclusion of cover provided for by the insurance policy (flying below the regulatory safety heights, for example).

In the event of a refusal of cover by the insurer, Esifly would in no case be liable for the pecuniary consequences of such a refusal, the pilot then being personally liable for compensating the Passengers.

Furthermore, if it is informed of such breaches before any accident, Esifly reserves the right to suspend the User's account and to inform the competent authorities.

4.2.3 Completion of the Flight

The date and time indicated are expressed as desired and may be modified, up to 2 hours before the flight, due to unfavourable weather conditions, air restrictions or operational constraints related to the availability of aircraft.

Flights may be rescheduled at any time, including on the same day, in the event of a weather, technical or operational constraint affecting the aircraft or the pilot.

The pilot undertakes:

• (i) To wait for the Passenger at the meeting place until thirty (30) minutes beyond the agreed time (a tolerance that does not exempt the Passenger from being punctual);
• (ii) To inform the Passengers without delay of any modification to the Flight;
• (iii) If one or more Passengers have booked and the Pilot decides to change any condition of the Flight as initially provided for in their Listing, the Pilot undertakes to inform each of their Passengers and to seek their agreement on this change. In the event of a Passenger's refusal, the latter may fully cancel their Booking without any cancellation fee being charged to them, without any compensation being paid to the Pilot, and without any increase in the contribution of the other passengers.

4.3 Obligations specific to the Passenger

The passenger undertakes to:

• (i) Not contest the placement assigned to them by the Pilot in the Aircraft;
• (ii) Not contest any decision of the Pilot during the Flight, in particular in the event of a diversion for weather reasons or any other reason of the Pilot based on a safety concern or compliance with the regulations in force;
• (iii) Comply with the on-board rules set by the Pilot (cigarettes, animals, food, drinks, children, maximum weight and size of authorised baggage, etc.).

5.1 Postponement by the Pilot (desired date not honoured). The Pilot is free not to accept, or to shift, a desired date for any reason related to safety, weather, operational, regulatory, medical or technical constraints. In accordance with Article 2.4.5 (a), such a situation constitutes a postponement of a non-contractual date: the Booking remains valid and the Passenger benefits from re-matching with another Pilot and/or from free, no-charge Rescheduling. It does not, in itself, give rise to a right to a refund.

5.2 Definitive cancellation / total impossibility. Only in the cases referred to in Article 2.4.5 (c) and (d) — total impossibility of performance during the validity of the Booking, or definitive cancellation with no re-matching possible — is the Passenger entitled to a full refund in accordance with Article 2.4.5 bis (Credit Note offered, cash on request).

5.3 Cancellation by the Passenger. The Passenger may give up a desired date at any time via Rescheduling. The Introduction Fees remain acquired by Esifly. The Cost Contribution already paid remains credited to the Booking and usable until its expiry; it is not refunded in cash solely by reason of the Passenger's withdrawal, unless the cancellation option (Article 2.4.4) has been subscribed, where applicable.

Any seat freed up on a Flight, following the withdrawal of a Passenger, shall as of right be offered on the Website for booking by other Users.

In the event of an accident, the Pilot's liability is governed by the domestic legislation of the country where the accident occurs or the law common to the occupants of the Aircraft. This is generally a limited liability.

It is recalled in this respect that the Montreal Convention of 28 May 1999, providing for the automatic and quasi-unlimited liability of the Air Carrier, does not apply to Carriers not holding an operating licence and therefore to private transport such as Cost-Sharing.

Commercial Flights are identified on the Esifly website by the "Pro" mention.

Flight proposals are entered by the Operator on the basis of the form provided by Esifly, which the Operator undertakes to complete in full.

The Advertiser carrying out commercial flights is a professional Operator holding the authorisations necessary to carry out the type of flight offered, such as an operating licence, CTA, ATO or DTO (see Definitions), including airlines and helicopter operators.

The price per passenger of the Flight is communicated with the transport offer, is understood to be inclusive of all taxes and corresponds to the price requested by the Operator for the selected date plus Esifly's commission.

The total price of the service is announced once the User has indicated the number of seats they wish to book.

a) Principle. For Commercial Flights marked "Pro" as well as for introductory flights marked "Club" (operated by a flying club or partner organisation — the company or organisation concerned being hereinafter referred to as the "Operator"), the booking takes the form of a booking request: no amount is charged at the time of the request. The prices displayed before confirmation by the Operator are estimates and are indicated as such; the final rate is communicated to the Passenger after confirmation by the Operator. Where the activity is displayed as "Price on request", the price is communicated to the Passenger after the Operator's response.

b) Operator's response. The Operator has the option of accepting the request, proposing other slots (the Passenger then being able to accept one of them or propose their own availability, the exchanges continuing until agreement), or refusing the request by indicating the reason, which is communicated to the Passenger. In the event of refusal or absence of agreement, no amount is due from the Passenger.

c) Payment and expiry. After acceptance by the Operator, the Passenger pays the confirmed price online (options included) to definitively validate their booking. Where the Operator opts for on-site collection — a method applicable as of right to introductory flights marked "Club" —, the Passenger pays online a deposit corresponding to Esifly's service fees and the options subscribed, and settles the balance directly with the Operator on the day of the flight; the issuance of the ticket and documents as well as the expiry period below are then assessed on this deposit. The accepted slot is held for seventy-two (72) hours from acceptance: failing payment within this period, the request is automatically cancelled and the slot freed, at no charge or penalty for the Passenger. The ticket and documents transmitted by the Operator are delivered to the Passenger after full payment. In accordance with Article L.221-28 12° of the Consumer Code, leisure services provided on a specified date do not benefit from the right of withdrawal.

d) Collection mandate. The Operator entrusts Esifly with a collection mandate under which Esifly collects, in the name and on behalf of the Operator, the sums paid by the Passenger corresponding to the price of the flight, under the conditions of the "Payment mandate" clause of Article 2.4.3.2, applicable mutatis mutandis to Commercial Flights. Payment by the Passenger into the hands of Esifly or its payment services provider is discharging. Esifly's service fees, which remunerate the intermediation, coordination and administrative management, are distinct from the price paid to the Operator.

e) Final status and rescheduling of the flight. The day before the flight, the Operator is invited to confirm the final status of the flight. If the flight cannot be provided (weather, technical or operational constraint), the Operator proposes rescheduling slots; the Passenger may accept one of them or propose their availability, with no additional payment, their payment remaining fully acquired. Failing a possible rescheduling or in the event of definitive cancellation, the Passenger is refunded in full under the conditions of Annex 2 Article 6.

f) Flight validation and transfer to the Operator. On the day of the flight, the Operator confirms the boarding of the Passenger by means of the validation code shown on the latter's booking (the "Flight Validation"). The Flight Validation constitutes proof of performance of the service and triggers the transfer to the Operator of the share due to it, through the payment services provider or by bank transfer. No transfer takes place before the Flight Validation. Where the balance has been collected on site by the Operator, the Flight Validation constitutes proof of performance without giving rise to a transfer. The Passenger who does not show up for departure (no-show) may not claim any refund, except as otherwise stipulated or where the Flexibility option has been subscribed.

Payment of the flight will be made under the conditions provided for in Article 2.4.3 of the Terms entitled "Payment of the Advertiser's fees", and, for the booking requests referred to in Article 2 bis of this Annex, under the conditions of that article (payment after acceptance by the Operator, transfer after Flight Validation).

The passenger will receive from Esifly the confirmation of their booking including all the indications concerning the meeting place and the performance of the flight.

If the regulations applicable in the country concerned by the flight make the issuance of a booking confirmation mandatory, it will be issued under the sole responsibility of the Operator, who will alone assume the consequences in the event of drafting insufficiency.

a. Respective obligations of the parties

It is recalled that, in the context of the agreed Flight, the Pilot and Passenger mutually undertake to:

• present themselves at the agreed dates, times and place in compliance with the Terms;
• use their best efforts to ensure a proper conduct of the Flight.

b. Obligations specific to the Operator

(i) Licences and Certificates

Prior to the Flight, the Operator expressly undertakes to hold the Licences, Certificates and authorisations required to undertake the projected flight and to assume all the criminal and pecuniary consequences of any breach of the regulatory requirements laid down by Regulations (EC) 216/2008, 965/2012 and EU 379/2014, as well as any national regulation determining the technical requirements and administrative procedures applicable to air operations.

(ii) Insurance

The Operator undertakes to take out and maintain in force insurance guaranteeing its liability in the event of damage caused during the flight to passengers, their baggage, their personal effects, as well as to third parties on the ground, and meeting at least the minimum mandatory requirements provided for by Regulation EC 785/2004 of 24 April 2004 or any national or European regulation likely to amend it or to apply in its place, as well as the requirements laid down by the Licence, Certificate or authorisations it holds, and will take care to comply with the cover conditions provided for by the policy.

In the event of a refusal of cover by the insurer, Esifly will in no case be liable for the pecuniary consequences of such a refusal, the Operator then being solely responsible for such consequences.

(iii) Completion of the Flight

a) The Operator undertakes:

• To carry out a Flight with Aircraft compliant with the Licence, Certificate, Insurance and authorisations it holds.
• to wait for the Passenger at the meeting place with a reasonable tolerance in the event of the latter's delay;
• to inform the Passengers without delay of any modification to the Flight;
• if the Operator decides to change any condition of the Flight as initially provided for in its Listing, the Operator undertakes to inform each of its Passengers and to seek their respective agreement on this change. In the event of a Passenger's refusal, the latter may request the cancellation of their Booking from the Operator or Esifly without any cancellation fee being claimed from them, and without any compensation being paid to the Operator.

b) The passenger undertakes to:

• Not contest the placement assigned to them by the Pilot in the Aircraft;
• Not contest any decision of the Pilot during the Flight, in particular in the event of a modification of the Flight for weather reasons or any other reason based on a safety concern or compliance with the regulations in force;
• Comply with the on-board rules set by the Pilot (cigarettes, animals, food, drinks, children, maximum weight and size of authorised baggage, etc.);

6.1 Cancellation by the Operator. The Operator may cancel the Flight for a reason related to the safety of the flight, in particular in the event of weather, illness, operational or regulatory constraints.

In the event of cancellation of the Flight by the Operator, the Passenger may, at their free choice:

• obtain the rescheduling of the Flight to a new date within a reasonable time, or
• obtain a full refund of the sums paid in respect of the Flight not carried out.

Any alternative such as a credit note, a wallet credit or an extension of the validity period may only be offered on a strictly optional basis and subject to the express acceptance of the Passenger. It may in no case replace the right to a refund. The exercise of this right is never conditional on the subscription of the cancellation option nor on the expiry of a validity period.

If the Operator holds an operating licence, it may only cancel the Flight due to the extraordinary circumstances provided for by European Regulation 261/2004 on compensation for passengers in the event of cancellation. Failing this, it will be liable for compensation of 250 to 600 euros per passenger depending on the distance to be covered, without prejudice to the right to a full refund of the price of the Flight.

Users acknowledge from now on that weather conditions incompatible with a safe flight constitute an extraordinary circumstance within the meaning of European Regulation 261/2004; this qualification does not, however, preclude the right to a full refund of the price of the Flight not carried out.

6.2 Cancellation by the Passenger. Passengers may not cancel a booking after it has been confirmed by the Operator. Some Operators apply more flexible cancellation conditions for certain of their flights. These conditions are then specified in the description of the flight. In the absence of such specifications, flights carried out with Operators are not cancellable by the passenger, except via the cancellation option if subscribed. The Passenger retains, in any event, the ability to refer the matter to Esifly within the framework of the dispute resolution programme (Article 4 bis).

In the event of an accident, the Operator's liability will be governed:

• (i) If the Operator holds an Operating Licence

By the Montreal Convention of 28 May 1999, with automatic compensation up to 128 821 DTS per passenger in the event of death or bodily injury, and without limit if the carrier does not prove that it has not committed a fault.

• (ii) If the Operator holds a CTA, an ATO or DTO (without an Operating Licence)

The carrier's liability will be governed:

• either by the Warsaw Convention of 12 October 1929, providing for a presumption of the carrier's liability with a limit of 100.000 DTS per passenger, save for inexcusable fault of the carrier, if the flight is cross-border within Europe,
• or by the law of the country of the place of the accident in the event of domestic transport.

In accordance with the Consumer Code, the customer may make free use of a mediator after a written complaint has remained without a satisfactory response.

CM2C
49 rue de Ponthieu
75008 Paris
Tel: 01 89 47 00 14
https://www.cm2c.net/declarer-un-litige.php
litiges@cm2c.net