General Contract Terms and Conditions referring to the Use of flyboy.hu Portal
This General Contract Terms and Conditions (hereinafter referred to as GT&C) document includes the conditions of the use of the www.flyboy.hu website (hereinafter referred to as Website) by a customer purchasing on the Website or by a user entering the Website (hereinafter referred to as Customer).
Furthermore, the GT&C includes the conditions of purchasing and contracting through the online shop being accessible at the Website, and the conditions referring to the legal relation created on contracting basis.
The technical information required for the use of the Website and not included in this GT&C are provided by the additional information accessible on the Website.
The provision of the GT&C, the informative materials accessible on the Website and the additional information shall be interpreted jointly, in interaction with each other. In case the content of the GT&C and of the informative materials accessible on the Website are different, the provisions of the GT&C shall be the governing ones.
The Customer acknowledges and accepts the content of the GT&C by the use of the Website.
The GT&C and the informative materials accessible on the Website and the additional information include the complete content of the agreement created between the Service Provider and the Customer.
The language of the agreement is Hungarian or English.
The order submitted on the Website is considered as a legal act performed not in writing, but by implication, so the contract concluded between the Customer and the Service Provider electronically is not qualified as a written contract, they are not recorded by the Service Provider and in this way it is not accessible or cannot be viewed subsequently.
The Service Provider does not submit itself to the provision of any code of conduct.
By using the Website, the customer acknowledges and accepts the following:
Data of Service Provider
Company name: FlyBoy Hungary Ltd.
Seat: 1106 Budapest Pilisi u 30.
Phone: +36 30 565 7009
Tax no.: 23942648-2-42
Company registration no.: 01-09-209246
Court of registration: Court of Registration of the Metropolitan Court
Bank account no.: Ker ésHitelbank Zrt., 10400126-50526780-49751007
1. Activity Performed on the Website
Through the Website, the Service Provider carries out the “advertisement” of the travelling possibilities being in connection with flying to which it provides for the advertiser (customer) the use of the website.
2. Conditions of Use
The Customer advertisercan use the Website exclusively at its own risk, and it accepts that the Service Provider over the responsibility undertaken for the intentionally caused damages, for the contract violation endangering human life, physical integrity, or health, does not undertake any responsibility for the material and non-material damages occurring during the use.
The Service Provider excludes any liability for the behavior of the Website users and for the contents published by them. The Customer shall take care of not to violate the rights of third parties or the laws either directly or indirectly during the use of the Website. The Customer is fully and exclusively liable for its own behavior, and in such cases, the Service Provider fully cooperates with the acting authorities in order to disclose the violation of rights.
The Service Provider is entitled, but is not obliged to control the contents probably published during the use of the Website, and in connection with the published contents, the Service Provider is entitled, but is not obliged to seek signs suggesting the performance of an illegal activity.
The pages of the service may include such links, which direct to the pages of other service providers. The Service Provider does not undertake any liability for the data protection practice and other activities of such service providers.
In case the Customer detects any objectionable content on the Website, it shall immediately inform the Service Provider on it. In case the Service Provider finds the information well founded during its procedure performed in good faith, it is entitled to cancel or modify the information promptly.
2.2 Consequences of Violation of GT&C by the Customer
Without the limitation of the other rights of the Service Provider, in case the Customer violates the provisions included in the GT&C, the Service Provider is entitled to send a warning to the Customer, to suspend or cancel the Customer’s account, temporarily or finally to terminate its access to the Website, to prevent the connection of tools using the Customer’s IP address to the Website, to contact the Customer’s internet service provider in order to block the Customer’s access to the Website, to initiate a legal procedure.
2.3 Assignment and Delegation of Rights
The possibility of the assignment or delegation of rights is not open to the Service Provider as there is no such element, which would create a ground to it. (Because the advertiser can take the website services after pre-payment only …)
The Customer is not entitled to assign its rights or demands deriving from the contract based on the GT&C without the written consent of the Service Provider.
The whole of the Website, its graphic elements, text and technical solutions and the elements of the Service are covered by copyright protection or other intellectual property related rights (especially trademark) protection. The Service Provider is the entitled person or the authorized user of the copyright on the Website, and also of all the contents displayed during the provision of the services accessible through the Website: of any copyright work, or other intellectual product (including, among others, all the graphics and other materials, the lay-out, editing of the Website platform, the utilized software or other solutions, ideas, realizations).
To save or print the Website content or certain parts of it physically or on other data carriers for the purpose of private use is allowed only under the prior written consent of the Service Provider. Any utilization exceeding the private utilization – e.g.: storage in a database, transfer, publication or making downloadable, commercialization – is allowed only under the prior written consent of the Service Provider.
In addition to the rights specifically determined in the GT&C, the use of the Website or any of the provisions of the GT&C does not entitle the Customer to the use, utilization of any commercial name or trademark appearing on the Website. These intellectual products shall not be used, utilized in any other form than their display according to the intended use of the Website, the temporarily reproduction required for that and preparation of private purpose copies without the prior written consent of the Service Provider.
The Service Provider reserves all its rights referring to all the elements of its service, with special regard to the domain name www.flyboy.hu, the sub-domains relating to it, to any other domain name reserved by the Service Provider and their sub-pages and advertisement platforms. Any such activity is prohibited which is aimed at the listing, systematization, archiving, hacking the Service Provider’s database, decoding of its resource codes, except the case when the Service Provider gives special permit to it.
Without special agreement or taking a service for this purpose, it is prohibited to modify the Service Provider’s database, to copy it, to input new data in it or overwrite the existing data by bypassing the platform or search engines put at disposal by the Service Provider.
In case during the term of this contract the permitted utilization methods change in a way that makes possible the realization of the utilization methods having been known at the conclusion of the contract and permitted by the contract more efficiently, under more favorable conditions or in a better quality, the utilization right acquired by this contract will refer to these changed or extended utilization methods, as well.
3.Purchasing on the Website
3.1 Registration I
The purchase of advertisement possibility on the Website is conditioned by having valid registration.
The Customer advertiser and at the same time – due to the character of the website – the pilot registering there if wants to register, he/she can do that by appropriately completing the registration platform displayed after clicking on the “Pilot Registration” button, then clicking on the “Save” button at the bottom of the Website.
At the registration platform, the following data shall be supplied to the Service Provider:
– Last name
– First name
– Phone number
– E-mail address
From the flight related data:
– Type, validity of the pilot license
– Validity of the Medical Certificate
– Flight time of the last 12 months, type of machine used for the flight
After successful registration, the Customer can enter his/her created account entering his/her login data (e-mail address, password) within the submenu “Pilot” which can be found under the “My Account” menu shown at the top of the Website. The Customer can select the option of saving the login data by the Website in order not to have to complete the login data again at the next time. That can be made by selecting the “Remember Me” option.
The Customer is entitled to cancel his/her registration at any time by sending a message to the email@example.com e-mail address. After receiving the message, the Service Provider shall arrange for the cancellation of the registration immediately. The user data of the Customer will be immediately removed from the system after the cancellation; however, that does not concernthe preservation of the data and documents relating to already submitted orders, it does not results the cancellation of these data. After cancellation, there is no possibility for the restoration of the data any more.
The Customer is exclusively responsible for keeping in secret the user’s login data (with special regard to the password). In case the Customer becomes aware of the fact that a not entitled third party could get access to his/her password specified by him/her at the registration, he/she must modify the password immediately, and in case it can be supposed that the third person misuses the password in any way, the Service Provider shall be also informed at the same time.
The Customer agrees to update the personal data provided at the registration as may be needed in order to maintain them actual, exhaustive and corresponding to reality.
3.2 Registration II
The reservation on the website as passenger is also conditioned by registration.
In case the passenger registered on the Website would like to register for the purpose of making reservation, he/she can do that by appropriately completing the registration platform displayed after clicking on the “Passenger Registration” button, then clicking on the “Save” button at the bottom of the Website.
On the registration platform, the following data shall be provided for the Service Provider:
– Last name
– First name
– E-mail address
– ID card number
– Phone number
– Body weight (kg)
– Additionally, he/she has to tick the acknowledgment of the fact that he/she participates in a shared-cost flight, he/she is aware of the rules and accepts them.
After the successful registration, the Passenger can enter his/her account by providing his/her login data (e-mail address, password) within the sub-menu under the “My Account” menu being located at the top of the website. The Passenger can select the option of saving the login data by the Website in order not to have to complete the login data again at the next time. That can be made by selecting the “Remember Me” option.
The Passenger is entitled to cancel his/her registration at any time by sending a message to the firstname.lastname@example.org e-mail address. After receiving the message, the Service Provider shall arrange for the cancellation of the registration immediately. The user data of the Passenger will be immediately removed from the system after the cancellation; however, that does not concern the preservation of the data and documents relating to already submitted orders, it does not results the cancellation of these data. After cancellation, there is no possibility for the restoration of the data any more.
The Passenger is exclusively responsible for keeping in secret the user’s login data (with special regard to the password). In case the Passenger becomes aware of the fact that a not entitled third party could get access to his/her password specified by him/her at the registration, he/she must modify the password immediately and in case it can be supposed that the third person misuses the password in any way, the Service Provider shall be also informed at the same time.
The Passenger agrees to update the personal data provided at the registration as may be needed in order to maintain them actual, exhaustiveand corresponding to reality.
The Customer advertiser can submit an order through the Website by selecting from the “advertisers’ packages” advertised for sale on the Website.
Three different advertisers’ packages will be offered with the indication of different discounts. The basic price referring to the publication of one advertisement is HUF 500.- / pc and the smallest purchasable package includes 10 pcs advertisement possibilities (taking into consideration the administration tasks required for the processing).
1/Item no.: package_1, Category: Pilot package proposals, Label: basic advertisement package, Description: normally, the content of the basic package is the publication of 10 pcs advertisements possibility, but now you can publish 12 pcs advertisements. The package price is HUF 5,000.-
2/Item no.: package_2, Category: Pilot package proposals, Label: advanced advertisement package, Description: normally, the content of the advanced package is the publication of 20 pcs advertisements possibility, but now you can publish 24 pcs advertisements. The package price is HUF 10,000.-
3/Item no.: package_3, Category: Pilot package proposals, Label: premium advertisement package, Description: normally, the content of the premium package is the publication of 30 pcs advertisements possibility, but now you can publish 35 pcs advertisements. The package price is HUF 15,000.-
The Customer advertiser selecting from the packages arranged in the three advertisement categories can select the required advertisement package to be ordered by clicking on one of them.
The Customer advertiser can receive information on the details, on price of the advertisement package intended to be ordered by clicking on the serial number of the selected advertisement package.
The Customer advertiser can select the desired product by clicking on the “To the cart” button shown on the platform providing information on the characteristics of the advertisement package.
When the Customer clicks on the “To the cart” button, it practically makes a reservation referring to the product. It means that the product remains in the cart for a period of 1 hour waiting for the settlement of the indicated price.
The content of the cart (no. off pieces of the selected advertisement package and the order amount) can be checked by the Customer advertiser taking the cursor to the “Cart” icon located on the right side of the Website. Clicking on the cart icon, the Website takes the Customer advertiser to the Cart platform.
At the Cart platform, the Customer advertiser can see and check in details the list of the advertising package(s) put into the cart, their gross price and at the bottom of the summary table the total amount of the order.
On this platform the Customer advertiser still can modify the content of the cart at any time as he/she has the possibility to cancel products from his/her cart by clicking the “Delete” button.
Clicking on the “I continue the purchasing” button the Website navigates the Customer advertiser to the main page where the Customer advertiser can continue the browsing on the Website.
By clicking the “Next” button the Customer advertiser can continue the order on the Website.
In case the Customer advertiser registered to the Website earlier, but he/she forgot his/her password, he/she is entitled to use the password reminder help (“I forgot my password”).
On the displayed platform, the Customer advertiser shall provide the Invoicing data.
– Last name
– First name
– Company name (if company)
– Tax number (if company)
– Postal code
– Street, house no.
Clicking on the “Next” button, the Customer shall select the payment method and after repeatedly clicking on the “Next” button, the Website navigates the Customer to the data checking platform.
On the summary platform, the Customer has the possibility to check his/her order, including especially the data supplied by him/her, the ordered product (advertisement package), its price, the payment method selected by him/her.
It is important that in order to continue the purchasing, the Customer has to accept this GT&C, the rules referring to the data management by ticking the check box shown on this platform.
Then after clicking on the “Order” button located at the bottom of the page, the Customer definitively sends the order. The Service Provider informs the Customer on the successful order on the next platform and by e-mail, too, including the Customer’s order number, as well.
It means that the order submission is performed by clicking the “Order” button resulting a payment obligation for the Customer.
The registered Customer can follow up the state of his/her order till the fulfillment of the order under menu item “My previous orders” being accessible by clicking on the “My Account” option located at the top of the Website. Here you can find all your earlier orders. You can identify each order by an individual identity number.
3.4 Price of Products
The purchase price of the advertisement packages displayed on the Website is shown including VAT and other charges and taxes (as gross price).
The price of the product is shown in Hungarian forint (HUF).
The total amount to be paid includes all costs based on the order summary and the confirmation letter.
The Service Provider does not undertake any responsibility if in spite of its carefulness and/or due to the failure of the system a price being shown in a manner being recognizable for anyone is incorrect, or obviously mistaken, is significantly different from the well-known magnitude of the advertisement package price, or unrealistic (HUF 0). In such cases, the Service Provider is not obliged to provide the advertisement package at the price displayed due to a mistake. In case of showing an incorrect price, the Service Provider in the order confirmation or after that makes a proposal referring to the purchase of the advertisement package at its real price. Based on that information the Customer may decide if he/she orders the advertisement package at its real price or not.
3.5Correction of Data Entry Errors
The Customer advertiser has the possibility to correct the data entry errors either in his/her account (modification of user data) or on the ordering platform (e.g. cancellation from the cart by clicking on the “Cancel” button) at any phase of ordering and before sending the order to the Service Provider. For instance, an incorrectly entered quantity, putting a not appropriate advertisement package in the cart, then its cancellation from the cart, the mistyping of the order data (e.g. delivery address) are considered as data entry error.
3.6 Binding Proposal, Confirmation
The Service Provider shall examine the order sent by the Customer advertiser promptly, but not later than within 48 hours from its receipt, among others checking if its purchase price has been settled, then it approves or refuses to the customer advertiser the use of the platform.
In case the Customer advertiser has already sent the order to the Service Provider and then discovers an error referring to the data included in it, he/she has to inform the Service Provider on it within 1 day in order to avoid the performance of the not required orders.
The Customer advertiser shall be released from the binding character of the proposal in case he/she does not receive from the Service Provider promptly, but not later than within 48 hours the acceptance referring to the sent order.
This confirmation (acceptance) by the Service Provider is considered as the acceptance of the proposal made by the Customer advertiser according to which a valid contract is created between the Service Provider and the Customer.
The order is considered as a contract concluded electronically, referring to which the provisions relating to the electronic commercial services of Act 5 of 2013 about the Civil Code and the provisions of the Act 108 of 2001 about the certain issues related to the information society are the governing ones. The contract is subject to the Government Decree no. 45/2014 (II.26.) about the detailed rules of the contracts between a consumer and a business entity, and the provisions of the directive 2011/83/EU of the European Parliament and of the Council on consumer rights kept in mind, as well.
3.7.1 Payment by Bank Card:
Arriving at the payment during the ordering procedure on the Website, for the payment the Customer shall provide the name sown on the bankcard, the number and the expiry date of the card and the authenticating CW code.
After entering the data, clicking on the “Payment” button, the transaction will be performed within some seconds.
Presently, the payment system accepts 4 card types. The cards being appropriate for the payment are the Visa, Visa Electron, MasterCard and MasterCard Maestro cards. The system uses a safe channel and is automatic. The financial service provider receives exclusively the card data required for the payment transaction and supplied by the Customer on a payment page provided with 128-bit SSL encryption. The financial service provider does not receive any information from the Service Provider on the personal data being in connection with the order and on the content of the purchase. On the other hand, the Service Provider also does not receive any information on the data content of the payment page,they are accessible for the financial service provider only. After payment, the transaction result information is provided by the financial service provider’s page. For the purpose of payment by card, the browser program of the Customer must support the SSL encryption. The amount paid as the total amount of the order will be blocked immediately on the Customer’s current account.
3.7.2. Payment using PayPal: If using Pay-Pal, the Customer can pay in two ways.
If the Customer has a PayPal account, after logging in the account it can settle the payment of the order’s total amount by using the amount being on its PayPal account.
If the Customer has no PayPal account and account, that does not mean an obstacle to the payment of the order. In this case, the Customer has to select the option that it wants to pay by card. The payment platform appears where the Customer has to enter its name, number of the card, its type, expiry date, CW code, the invoicing address, and phone number. After the Customer submits these data, it can pay for its order by clicking on the „Agree &Pay” button.
Acceptable cards: Visa (Verified by Visa), Visa Electron, Master Card (Master Card Secure Code), V-Pay, JCBand Maestro cards.
The Service Provider – as confirmation of the payment – sends an e-invoice to the Customer, to the e-mail address given during the purchasing procedure, referring to the ordered advertisement package.
3.9Handing over of the Paid Advertisement Package:
The Service Provider will provide the online access to the ordered and paid advertisement package, and by that the obligation under the contract shall be considered as performed.
4. Operation of Digital Data Content, Technical Protection Measures, Hardware and Software compatibility
At annual level, the Service Provider guaranties 95% availability of the Website. From the aspect of the availability measurement the pre-scheduled maintenance with a duration not exceeding 1 working day duration shall not be considered as blackout time, provided that on the time and duration of such maintenance a prior notice was sent to the Customer advertiser and the Passenger on the Website.
The Website cooperates with any browser software and operating system. The Website communication is realized through HTTPS protocol. The communication through the Website is not encrypted, except the pages requiring personal data, which are provided with https protocol. The Website has SSL certification.
The Website runs on the servers of DotrollKft.
In reasonable case, the Service Provider reserves the right temporarilytosuspend the accessibility of any function in respect of all the Customers and Passengers – especially including the network segment, nickname, e-mail address, etc. – or to terminate the provision of the function finally.
5. Enforcement Possibilities
5.1 Place, Time and Method of Complaints Management
The Customer can submit its consumer complaints referring to the Service Provider’s activity at the contact possibilities shown under Point 1.
The Service Provider will make good the verbal complaint immediately as far as it is possible. If there is no possibility to make good the verbal complaint due to the character of the complaint, or if the Customer does not agree with the management of the complaint, the Service Provider takes a protocol of the complaint, which shall be retained for 5 years together with the substantive response given to the complaint.
In case of verbal complaint made personally, the Service Provider hands over to the customer a copy of the protocol, or if that is not possible, it will proceed according to the below detailed rules referring to the written complaints.
In case of verbal complaint made by phone or other electronic communication service, the Service Provider shall send to the Customer a copy of the protocol latest together with the substantive response.
In all other cases, the Service Provider will act according to the rules referring to the complaints made in writing.
The Service Provider shall substantively answer the complaint received by it in writing within 30 days. According to this contract, the action means the date of mailing. In case of refusing the complaint, the Service Provider shall inform the Customer on the reason of refusal.
5.2 Additional Enforcement Possibilities
In case a consumer’s legal dispute probably arising between the Service Provider and the Customer is not settled by negotiations with the Service Provider, the Customer as a consumer may go to the competent conciliation body according to its home address or place of residence, and may initiate the procedure of the Body or it can also go to the Conciliation Body being competent according to the seat of the Service Provider. Additionally, the following enforcement possibilities are open to the Customer:
– Submission of complaint to the consumer protection authority
– Initiation of court procedure
– Initiation of Conciliation Body procedure
Accessibility of Conciliation Bodies: http://www.bekeltetes.hu/index.php?id=testuletek
In the application of the rules referring to the Conciliation Body the following are considered as consumer under separate law: non-governmental organization (NGO), Church, condominium, housing cooperative, as well as micro, small and medium enterprises buying, ordering, receiving, using, availing themselves of goods, or being the addressee of commercial communication, proposal in connection with the goods. During the conciliation body procedure, the Service Provider has a cooperation obligation.
– Initiation of Court procedure.
6. Unilateral Modification of the General Terms and Conditions
The Service Provider – under the obligation of prior information of the users through the Website – is entitled to modify these General Terms and Conditions unilaterally. After coming to force, the amended provisions become effective to the Customer at the first use of the Website, they shall be applied to the orders submitted after the amendment.
7. Invalidity of Certain Provisions of the General Terms and Conditions
In case any of the provisions of the GT&C is considered as invalid, that does not result the invalidity of the contract based on the GT&C, and the additional provisions of the contract will remain effective. The contract provisions remaining effective should be interpreted in a way reflecting the best the original intent of the Service Provider and of the user.
The effective date of the General Terms and Conditions is 01.04.2018.