Moove is a management platform & marketplace providing through its app (www.appflymoove.com) :
1. Aircraft and Operations management solutions for aircraft owners and co-owners as well as Booking engine software, also known as "SaaS" for operators, identified as "Owners" or "Flight Department" or “Operator” – and for travel agents identified as “Agent”
2. Travel solutions by charter aircraft (hereinafter "aircraft") in accordance with the aviation regulations in force, through the purchase of flights operated (hereinafter "charter") by commercial charter operators (hereinafter "Operator")
These General Terms and Conditions of Service (hereinafter referred to as "T&Cs") define the terms and conditions of sale and use for the following persons (hereinafter referred to as "Users"):
3. Operators or Agent wishing to benefit from management and booking engine tools for their operations and intermediations.
4. A natural or legal person wishing to charter a flight from commercial operators (hereinafter "Flyer" or “Customer”).
5. Aircraft owners and co-owners wishing to benefit from the tools for managing and organizing their operations as well as their pilots (hereinafter "Pilot").
1. Acceptance of the General Terms and Conditions of Use
The use of the application is subject to the creation of a user account and the online acceptance of Moove's general terms and conditions of service on the website. Moove reserves the right to modify the Terms of Service at any time and any modification will be communicated to the Users. For SaaS users & its third parties’ users, additional conditions may be applied by the Operator at his own discretion.
2. Access to the application
Moove will make its best efforts to ensure the constant availability of its application.In the event of unavailability of the Application for technical reasons, maintenance or force majeure, Moove undertakes to take all reasonable measures to limit the duration of unavailability as mentioned in the Service Level Agreement (SLA).SignupAny natural or legal person wishing to benefit from the commercial flight charter service must create a "Customer" account online on the site without commitment or registration fees.Any natural or legal person wishing to organize their operations on the aircraft they own or operate must create their "Operator" account online on the website prior to using the Application giving them access to their rights.Any pilot of an Operator's Aircraft must create an account on the Application and accept these conditions, according to the terms and conditions indicated by Moove. Following the registration of a User, which entails the irrevocable and unreserved acceptance of the conditions, Moove will send a confirmation of registration as soon as possible to the email address that the User has communicated. Users guarantee the veracity of the information provided on the Application and Moove cannot be held liable in the event of erroneous information communicated by the User.
3. Condition for Suspension and Termination of Service
Moove reserves the right to refuse, cancel or terminate the registration or membership of a user of the platform, other than SaaS subscribers subject to the specific conditions of their contract, or to suspend, temporarily or permanently, all or part of his access to the Application without the user concerned being able to claim any compensation as a result, in particular in the event of a defect and/or inaccuracy of the information communicated by the User, non-compliance with the T&Cs by the User or for a dispute relating to the use of the Application.Use of the AppThe User undertakes to use the application developed by Moove only for its own needs and for the sole purposes referred to in the T&Cs, not to communicate content that is contrary to good morals or not authorized under legislative, regulatory or contractual provisions, or that infringes on the rights of third parties, as well as not to develop or market the service that is the subject of this contract or services likely to compete with it.
4. Moove's Responsibilities
In the context of flights operated by Operators for their customers or Owners on their own account, the Moove application allows the organization of business travel. The Owners expressly acknowledge that Moove only ensures the monitoring of the management of the aircraft through the provision of its application and does not in any way ensure the safety of flights or insure the airworthiness of the aircraft.In the context of chartering with Operators, the Moove platform assumes the role of a technological platform and limits its responsibilities to this service of reselling dry charters or putting them in touch, and not to the safety of the flights which is the responsibility of the commercial operator selected via Moove by the User (Customer or Agent).
5. Charter conditions
Flights operated by a Commercial Operator under Moove's Charter offer are flights that are part of the commercial carriage of passenger air in the course of a commercial operation carried out under a contract between an operator and the Agent, and the Agent and the Customer or directly between the Operator and the Customer.Commercial flights are carried out under the responsibility of the operator, whose activity is subject to the holding of an operating licence and an air operator's certificate (A.O.C.). The Commercial Operator is responsible for the operating conditions of the Aircraft, both with regard to its servants, passengers carried and third parties, and assumes the risk of loss or damage caused by or to the aircraft, regardless of the cause.Consequently, Users and their companions waive any recourse against Moove for direct and indirect damages, which they may suffer in particular as a result of any incident or claim, whether or not caused by the Aircraft, the Commercial Operator, or the chartering of an aircraft, or the delay or postponement of a flight, except in the case of duly proven gross or intentional misconduct on the part of Moove.
6. Terms of use of the application for management purposes
Operators and Owners who use the Moove application to manage their Aircraft undertake to comply with the aviation regulations in force for their operations. The Moove application facilitates the monitoring of reservations and the organization of operations and can in no way guarantee the airworthiness of an Aircraft. In the context of the use by the Owners of an Aircraft operated non-commercially, Users undertake to restrict the use of and access to their Aircraft only to Users who are entitled to enjoy its use as defined by the aviation regulations in force and implying, in particular, a shareholding link or membership of the same company, appearing on the Certificate of Registration of the aircraft.Consequently, the Users (Operators, Owners and Pilots) and their companions waive any recourse against Moove for direct and indirect damages, which they may suffer in particular as a result of any incident or claim, whether or not caused by the Aircraft, the Pilot, or the cancellation of an Aircraft reservation, or the delay or postponement of a flight, except in the case of duly proven gross or intentional misconduct on the part of Moove.
7. Obligations of stakeholders
The user carrying out a Charter shall refrain from re-invoicing to any person whatsoever and in any way whatsoever, all or part of the cost of the Charter carried out with an Operator, with the exception of the user being an Operator or Agent itself according to the local regulations in place.As part of the management of non-commercially operated aircraft operations, the Owner and the Pilot undertake to comply with the aviation regulations in force described in the Part NCO/NCC documentation.
8.Terms of payment
Regarding the use of the application for aircraft management, flight marketing and airport operations, Users must pay electronically on a monthly basis the settlement agreed between the two parties by following the banking information transmitted if not agreed differently.Regarding the charter offer accepted by signing a quote or contracts, the flights are to be paid upon receipt of the contract in the application, either in the application or via wire transfer.In the event of cancellation, ff the flight(s) covered by this agreement are cancelled by the User for any reason, the User shall pay the Operator or Agent a cancellation fee based on the agreed cancellation terms.Any cancellation must be made through the App or by email directly to the Operator or Agent as mentioned in the Charter contract.For flights operated on behalf of the Owners, at the end of the flight, it is the responsibility of the Pilot, Owner and/or operating structure to define their own payment conditions. Moove is in no way responsible or guarantor for any payment incident between the co-owners and their stakeholders.
9. Processing of personal data
The information collected is recorded in a computerized file by Moove to provide the services of the platform to Users. The data collected will only be communicated to Moove employees and platform partners.The data of the customers, operators and operators is strictly confidential and Moove undertakes not to make any commercial use or communication with these persons without the written consent of the latter.The data is kept for the duration of the User's contract. User can access their own data, rectify it, request its deletion or exercise your right to restrict the processing of your data.To exercise these rights or for any questions about the processing of your data in this system, User can contact: info@flymoove.com . If, after contacting us, User believe that your "Data Protection Freedoms" rights have not been respected, User can file a complaint with the CNIL.Any account that is inactive beyond the GDPR regulations will be notified of the deletion of their account and the anonymization of their data.All data is hosted in Europe by Google Cloud (Europe West Zone 1) – ISO certified
10. Force majeure
Any circumstances beyond the control of Moove that prevent the performance of its obligations under normal conditions are considered to be grounds for exoneration from its liability and result in the suspension of the performance of its obligations.
11. Intellectual property
The content of the Application is the property of Moove. Any total or partial reproduction of the content of the Site is strictly prohibited and may constitute an infringement of copyright.
12. Right of tariff revision & Annual Fee Escalation
In the event of an increase in the IT costs incurred by the Moove platform to provide its software or intermediation services in its marketplace platform, Moove reserves the right to reassess its rates as part of a contractual renegotiation with the stakeholders.
Annual Price Adjustment based on reference index
The subscription fees for the Moove SaaS Software Suite shall be subject to an annual escalation based on the yearly published reference index of the Harmonised Index of Consumer Prices (HICP), effective on each anniversary of the Subscription Start Date.
Notification
Moove shall notify the Client in writing of the adjusted annual fee at least thirty (30) days prior to the effective date of the adjustment.
Scope
The escalation shall apply to all recurring subscription fees, excluding one-time charges, professional services, or usage-based fees unless otherwise agreed in writing.
13.Applicable law
These T&Cs are subject to French law. In the event of a dispute relating to the services of the application, disputes will be subject to the jurisdiction of the courts of the Commercial Court of Paris.
