Terms of Use
The following terms of use establish the relations between the members and users of coavmi.com.
The website Coavmi.com is published by VEMUP SAS (1, rue Davy 75017 Paris France, with 70 000 euros as capital, registered at Paris RCS, number 808 515 639)
The website is hosted by the company:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
USA
http://aws.amazon.com
1. Definition
Aircraft : Planes, Ultra Light Aircraft, Light Sports Aircraft or helicopters properly registered and granted by the administrative authorisations in order to circulate freely.
Airfield : regulated platforms where aircraft can land and take off.
Diversion : modification of the scheduled route, on the initiative of the pilot-in-command.
Flight hours : time recorded by the aircraft since the turning on of the engines until their complete stop.
Instrument Flight Rules: flight fulfilling Instrument Rules established by the EASA or FAA.
Passenger: anyone other than the pilot-in-command, seating on a seat in the aircraft.
Pilot: person in charge of controlling the aircraft, authorized to do so, with updated licences and medical certificates, properly qualified to fly an aircraft and fulfilling the functions of an aircraft captain.
Seat: space specially equipped for passengers in the aircraft.
Route: scheduled operation between pilot and passengers to fly the agreed aircraft from one point to another.
Visual Flight Rules : flight using visual navigation, under clear weather conditions.
Flight : route actually completed by the pilot, aircraft commander and their passengers, including take off, landing and potential flight diversion and stopovers.
2. Operations in question in the following conditions:
The company VEMUP SAS with the website coavmi.com proposes to put pilots and passengers in contact with one another to carry out flights together in an aircraft and to share the costs.
3. Agreement to the following conditions of use
The use of the website coavmi.com is subject to the agreement to the following conditions of use.
When registering online, members have to agree to the conditions of use to access the services provided by the website. The conditions of use should also be accepted at each seat reservation.
The agreement of the following conditions is an indivisible whole, i.e. members are forbidden to choose parts of these conditions and make exceptions.
4. Modification of the terms of use
VEMUP reserves the right to modify the terms of use, the functionalities provided by the website or the operating rules of the services delivered to its users and members, at any time.
The modification will be put into effect immediately, as soon as the conditions of use are updated online, they will apply to all the flights occurring afterward. It obviously excludes all the flights carried out during the online publication.
VEMUP reserves the right to propose new free or paid services.
5. None commercial purpose
The connection between the passengers and the pilot, as proposed by the company VEMUP, excludes any other operation, either commercial or professional.
In this respect, the European regulations 379/2014 allow cost-sharing flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six.
The company VEMUP offers its services in the context specified in the above provisions, for private pilots, not acting professionally and without any commercial transaction.
In this context, pilots are forbidden to make any profit whatsoever as it is specified by the regulations and the present general terms of use.
Any activity on coavmi.com may be considered a professional activity when the nature of the proposed flight, its frequency or the number of passengers carried, would result in a profit situation for the pilot. The amount requested by the pilot from the passengers should remain a participation fee, and the pilot should in no case make a profit. Thus, the pilot agrees to perform the calculation of all its costs (fuel, aircraft rentals, landing fees) and to ensure that the amount asked from his passengers after the flight did not make him realize a profit.
In any case, the amount asked by the pilot from his passengers cannot be higher than the fair contribution from each passenger to the actual flying cost as defined by the mentioned conditions.
VEMUP Company is limited to connecting pilots with passengers and cannot be considered as an air carrier.
VEMUP Company does not intervene with the flight definition, the schedule, the flight conditions, the choice of the plane and the pilot identity.
6. Registration
To benefit from coavmi.com services, passengers and pilots have to be members i.e they have to register on the website.
Some documents may be required to fulfill the online registration. For pilots, this includes identity documents, valid licenses, medical certificate, IFR qualification…
VEMUP company retains the right :
- to deny the registration in case pilot does not provide all necessary documentation,
- to cancel pilot or passenger subscriptions in the case of behavior that goes against Coamvi's ethics or its terms of use or when administrative documents have expired.
7. Flight sharing post
Properly registered pilots can post a flight-sharing after completing their profile.
Only pilot profiles with the mention « checked profile » will be able to create flight-sharing posts. The pilot will then be asked to provide details on the type of aircraft, the type of flight (sightseeing or travel flight), the point of departure and arrival, meeting place and number of available seats.
Finally, pilots will be asked to specify under what type of weather the flight can be carried out (flight under “fine weather conditions only” (VFR) or “all weather conditions” (IFR)).
The pilot determines a maximum luggage weight per passenger as well as the price per flight and per passenger according to the number passengers.
Moreover, the pilot commits to reply passengers interested in his/her proposed flight, within a reasonable timeframe. Alternatively, pilots can set an automated response. In the latter case, the passenger‘s request is accepted automatically, without the pilot’s manual validation. If the pilot does not give an answer within the specified timeframe, the passenger may withdraw his request, free of charge.
The pilot is forbidden to give his/her email address, phone number or family name in his flight sharing post. VEMUP can refuse to publish a flight-sharing post that includes personal information.
8. Booking a seat on a flight sharing
Registered passengers can request to book a flight by selecting the number of seats on the flight-sharing post.
The user is notified when the pilot answers his reservation request. If the pilot accepts the request, the passengers receives the details of the flight as well as the pilot's contact information (email address and phone number).
9. Reservation cancellation
The passengers can cancel their reservation, regardless whether it was accepted or not.
10. Flight cancellation by the pilot
Pilots can cancel the flight they have posted, without any justifications needed.
11. How to organise a normal flight
Pilot’s obligations:
Pilots are reminded that, they have certain obligations regarding their passengers:
- To be on time at the agreed place (except in case of cancellation). VEMUP reserves the right to keep track of the cancellation information in its database and/or to publish this information on the pilot’s profile and/or to suspend access to coavmi.com.
- To inform passengers without delay of any flight modification
- In case one or several passengers have booked a flight and the pilot modifies the flight’s conditions, the pilot engages himself to contact the passengers as soon as possible and to obtain their agreement regarding this change. If a passenger disagrees with this change, he or she has the right to cancel his/her reservation without any compensation to be paid to the pilot.
- To wait for the passenger at the meeting point up to 30 minutes past the agreed time (Passengers are still obligated to be punctual).
12. Flight sharing costs
The price per passenger is calculated as follows: total flight costs (*) divided by the number of seats on the aircraft (pilot included).
This price per passenger must be independent of the actual number of passengers that book the flight.
The price listed in the flight sharing post is based on an estimation of flight costs. At the end of the flight the costs are different from the estimates, the pilot will adjust the share paid by the passenger(s). However, the fees charged to the passenger cannot be higher than the price that was listed on the flight-sharing post.
(*) By flight costs we mean:
If the pilot rents the aircraft: rental costs of the aircraft, fuel and landing fees.
If the pilot owns the aircraft: costs will be based on the direct costs only, fuel and landing fees.
The given cost must be justified by the pilot and can be checked by the passengers. VEMUP may ask pilot to justifiy their prices.
Any attempt from a pilot to make benefits on a flight will lead to the immediate exclusion from the website coavmi.com.
13. Service fees and payment to the pilots
13.1 Service Fees
In the context of flights with Booking, BlaBlaCar, in exchange for use of the Platform, at the time of Booking, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution. The methods of calculation of the Service Fees are organized as follows:
- A fixed service fees of four pound sterling (4 £) , plus
- A variable service fees of Ten percent (10%) of the seat price, plus
- The French VAT: twenty percent (20%)
The Service Fees are collected by VEMUP for each Seat subject of a Booking by a Passenger for the countries where the Service Fees have been activated.
13.2 Modification of Service Fees
VEMUP reserves the right to modify/change the Service Fees at its own discretion.
The user will be informed about these changes by VEMUP via e-mail at least 24 hours before the new rates are applied.
Any user who does not accept the new rates will have to end his/her use of the Services and unsubscribe from the Services by sending a request to VEMUP by email, to the address provided in the current conditions. By default the user will be considered as having accepted the new rates.
13.3 Flight with online payment from the Passenger
If a passenger is interested in one of the flights offered, he/she can make a booking request online. This request is either (i) accepted automatically (if the pilot has chosen this option during the creation of the flight offer), (ii) accepted manually by the pilot. When the passenger makes a booking request, he will proceed to the online payment of the cost-sharing fees and Service fees, should they apply. Upon verification of the payment by VEMUP and acceptance of the booking request by the pilot, should these apply, the passenger receives a booking confirmation.
The settlement of a reservation by the Passenger is carried out at the time of the request for reservation via the payment system of VEMUP by bank card (Credit card, Visa, MasterCard) or any other means which VEMUP will make available on Coavmi’s site.
For any credit card payment, VEMUP has obtained a secure system of payment implemented for VEMUP by the Company MANGOPAY (www.mangopay.com). The commitment of a payment by the passenger on the Site is deemed acceptance of the general conditions of MANGOPAY accessible here: https://coavmi.com/sites/default/files/mangopay_terms-en.pdf
Upon confirmation of the banking institution concerning the request for payment authorization carried out by the User, the request for Reservation is forwarded to the Pilot who then has twelve (12) hours to accept it.
In the event of a rejection of the banking institution or, VEMUP will immediately inform the Passenger of the failure of the transaction.
VEMUP may not be held responsible for a delay in the bank authorization of the bank card of a Passenger, as this delay results from the banking institution of the bank card holder.
The Passenger is debited for the amount paid at the booking request.
Once the booking is confirmed, VEMUP will provide you with the telephone of the Pilot and a reservation code (if you are a Passenger) or the telephone number of the Passenger (if you are a Pilot) in the cases where the Member has given his agreement to the disclosure of his contact information. You are now solely responsible for the execution of the flight that binds you and the other Member. At the end of the flight, the Passenger provides the Pilot with the reservation code in order for the Pilot to be able to confirm that the flight has been carried out and to receive the participation in the costs.
The sums received by VEMUP are deposited on a holding account at MANGOPAY. The sums deposited are thus allocated to the payment of the expenses. The payment orders given by the Users in accordance with this document are irrevocable and will be carried out for VEMUP by MANGOPAY.
The Passenger and the Pilot commit themselves to respond favourably to any request of VEMUP or of MANGOPAY and more generally of any administrative or legally competent authority with regard to the prevention of or the fight against money laundering and, in particular, they agree to provide any useful document in proof of address or identity. In the absence of an immediate answer to these requests, VEMUP and/or MANGOPAY will be able to take any appropriate measure in particular the freezing of the paid out sums and/or the suspension of the services used by the Passenger or offered by the Pilot.
The payment of Pilots will be carried out only for Pilots that have opened a bank account under their own proper name.
13.4 Payment of the Pilot’s costs
The Passenger has a twenty-four-hour deadline (24h) to confirm formally with VEMUP that the Flight was carried out, in particular by the presentation of the code or any other means placed at his disposal by the Site.
At the conclusion of this deadline, and in the absence of confirmation or of dispute by the Passenger, VEMUP considers that the confirmation by the Passenger is implied.
As from this expressed or tacit confirmation, the Pilot has a credit due on his User Account. This credit corresponds to the amount paid by the Passenger minus the Service Costs and Goods and Service taxes.
VEMUP transmits to MANGOPAY, the payment orders the first working day following the request made on the Site by the User or failing this automatically one (1) month after the appearance on its Account of the sums concerned. For this purpose, the Pilot supplies to VEMUP the banking information present on his Bank Account Details or Post Office Account Details, allowing the wire transfer to his account. This information is filled in solely by the member on the page “My account” > “Wiring options”.
Under no circumstances, will VEMUP pay the sum due otherwise than by credit transfer, excluding making any payment in cash or by check.
VEMUP is under no circumstances liable or responsible with regard to the Pilot for an incident of payment if, for whatever reason, the sum paid by the Passenger came to be reversed in particular in the event of refusal of the card or of fraudulent use.
The Pilot is obliged to restore to VEMUP on first request any sum received reconsidered because of such an incident of payment.
13.5 Payment data
The User recognises and accepts:
(i) that the data collected using the website and stored on the VEMUP servers is the only proof of operations made on Coavmi’s website;
(ii) that this data is the only mode of proof recognized by the parties, including the calculation of amounts due to VEMUP.
The User can access this data on his/her personal account.
13.6 Flight without online payment from the Passenger
For the flights that do not benefit from the online payment system, VEMUP proposes a free service (a service without Service Fees) which allows the Passenger to send a booking request to the Pilot for the flight of interest. As soon as the Pilot accepts the request, VEMUP will provide the Pilot’s telephone number (if you are a Passenger) or the Passenger’s telephone number (if you are a Pilot), in the cases where the Member has given his consent to the distribution of his/her telephone number. You are therefore solely responsible to make arrangements with the other Member on the modalities of the flight and be solely responsible for the risks of cancellation, changes of the modalities of the flight and non-payment of the Contribution of the Costs.
13.7 The personal nature of the booking of a Seat and the terms of use of the Services for bookings made on behalf of a third party
Any use of the Services, by a Passenger or a Pilot is nominative (specific to the type of user). The Pilot, as well as the Passenger have to correspond to the identity provided to VEMUP and to the other Members participating in the the flight.
However, VEMUP does allow its Users to book one or multiple Seats for a third person. In this case, you engage yourself to provide the Pilot with the surname, name and e-mail for all the passengers that you are reserving a Seat for, at the time of the booking. It is strictly forbidden to book a Seat for a minor that is travelling alone. In the case where you do book a seat for an unaccompanied minor that is over 13 years old, you engage yourself to ask the Pilot for permission in advance and to provide him/her with a signed authorisation of the child’s legal guardian or parent.
Furthermore, the Platform coavmi.com is destined for the reservation of Seats for physical people. It is therefore forbidden to book a Seat to transport objects, packages, unaccompanied animals or any other materials.
It is also forbidden to publish an flight offer for a Pilot other than yourself.
14. Liabilities
The sole purpose of the website coavmi.com is to connect pilots with passengers.
VEMUP does not ensure the transport of passengers and does not interfere in the relationship between the pilot and his/her passengers.
The pilots are solely responsible for their passengers, the flight security conditions, the respect for the regulations and the necessary insurance for the flight.
Passengers are obligated to pay the flight-sharing fees. Nevertheless, VEMUP cannot be held liable in this regard, nor should VEMUP be required to substitute passengers for the payment of the flight-sharing fees.
VEMUP cannot be held responsible for the harmful comments published on the website coavmi.com but keeps the right to delete the comments which may be characterized as defamatory or insulting.
VEMUP's liability cannot be engaged in any way regarding a flight-sharing seat booked on the website coavmi.com.
15. Insurance
The pilot has to be insured in accordance with the current legislation and has to check the full validity of his insurance for the shared flight. He has to be in possession of his pilot license and his medical certification.
It is the pilot's responsibility to ensure that the insurance covers passengers as well.
The pilot and the passenger are advised that insurance companies may refuse to cover damages occurring on a flight, on which the pilot makes a profit and would, therefore, be in a situation characterized as professional (described in article 5 of these terms of use).
The pilot alone undertakes any financial consequences resulting from the lack of insurance coverage, without the liability of VEMUP SAS being engaged.
VEMUP SAS reserves the right to suspend immediately the membership and to inform the relevant authorities about any professional activity, as mentioned in article 5 of the present terms of use.
16. Interruption and suspension of access to the website
In the case of failure to respect one or all mentioned terms of use, all members shall recognize and accept that VEMUP SAS may, at any time, without notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the website.
17. Safety Charter
EASA published a safety charter, available here. This charter defines a code of conduct for pilot and for passengers.
The pilot is engaged to respect the code of conduct for pilot which is available here. The passenger is engaged to respect the code of conduct for passengers which is available here.
