Terms & Conditions

Terms and conditions regarding an airplane flight

1. Definitions
2. Intellectual property
3. Exemption from liability
4. Limit access to site
5. The processing of personal data
6. Register as a user
7. Price
8. Order
9. Billing – pay
10. Services offered by the Provider.
11. Services
12. Right of withdrawal
13. Conflict resolution. Applicable Law
14. Force majeure
15. Final

maxair.ro site is owned and managed by the company NETEX ROMANIA SRL, headquartered in Timişoara, Str.Izlaz, nr.103, jud. Timiş registered at ORC Timiş under no. J35/1581/04.10.2002, having VAT-ID 12668012, tel 075508446 Fax: 0256 306294; E-mail: office@maxair.ro.
Browsing the site maxair.ro equates command followed by reading, understanding and acceptance of the terms below by any customer.
maxair.ro reserves the right to change and update this site at any moment, as well as the terms and conditions of use without any prior notice.
In the case of conflict or disagreement between maxair.ro and the Client, the terms and conditions available at the time of the order, will be applied.

1. Definitions

User – any person who visits the site maxair.ro.
Client – individual / legal entity that places an order.
Services – any service specified in the order, which will be supplied by the Provider for the Customer.
Order – an electronic document that comes as a form of communication between the vendor and the customer whereby the customer expresses his intention to purchase certain services and pays for them..

Provider – NETEX ROMANIA SRL company, headquartered in Timişoara, Str.Izlaz, nr.103, jud.Timiş registered at ORC Timiş under no. J35/1581/04.10.2002, having VAT-ID 12668012, tel 075508446 Fax: 0256 306294; E-mail: office@maxair.ro.
Contract – An order confirmed by the Provider, the Provider agrees to perform the services and the customer agrees to purchase, receive and make payments for such services.

2. Intellectual Property Rights

Maxair.ro site content: images, text, graphics, scripts, software, design rights, model rights, patents, trademarks, is fully owned by SC NETEX ROMANIA SRL and is protected by the Law on Copyright and neighboring rights and intellectual and industrial property laws. Use without the SC NETEX ROMANIA SRL’s consent any items listed above will be punished according to law.

3. Exclusion of liability

SC NETEX ROMANIA SRL does not guarantee that the site, which is hosted on servers, or emails sent from maxair.ro are no viruses or other potentially harmful computer components nature, do not contain errors, omissions, failures, delays or interruptions in operation or transmission, line failures or any other similar factors. The user uses the site at his own risk, maxair.ro is free from any liability for any direct or indirect damages caused by using or accessing / visiting the site or using the information on the site.
Maxair.ro reserves the right to cancel orders for services displayed on the site due to technical issues, or due to technical errors shows clearly erroneous prices / ridiculous for these services (prices that may be considered as misleading / derisory by any buyer with a medium level of training).
Any links to other websites are provided solely for purposes of accessibility to information and maxair.ro assumes no responsibility or liability for the content of these sites, goods or services advertised or sold through these websites.
SC NETEX ROMANIA SRL is not obliged to monitor vehicles or other means of transportation used by the Customers to arrive at the meeting place for the flight and takes no responsibility for any damage or theft, unless the damage occurs due to a guilty act of our society.
SC NETEX ROMANIA SRL is not responsible for the approval or not of the flight plan by the competent authorities and shall not be held liable if the flight can not be completed at the scheduled date due to the authorities denial of approval of the flight plan.
SC NETEX ROMANIA SRL is not empowered to determine whether the client is medically fit to fly or not. The customer has to ensure that he has a good physical condition that will allow him to fly.
The customer is advised that he should not take the flight if he suffers from any disease that does not allow him to fly, or if he recently underwent an operation, or if the customer is a pregnant woman. However, if the customer presents one of these conditions and wants to fly, he must submit a medical certificate stating that he is able to fly.
SC NETEX ROMANIA SRL is exempt from liability in case of an injury or even death if the Customer chooses to fly even though his health does not permit this.

4. Limit access to site

Site users can comment maxair.ro and make any other communications, can transmit suggestions, questions or information if their language is civilized and communication content is not illegal, obscene, threatening, defamatory, does not in any way disturb life privacy of others, does not infringe intellectual property rights, does not contain viruses, it does not serve promotional campaigns unrelated to maxair.ro, are not mass emails or any other form of spam. If any person will use a fake e-mail or will transmit electronic messages or other communications on behalf of another individual or legal person or on behalf of any other person, will be reported bodies. Maxair.ro assumes no responsibility nor will be liable for any compensation for any damage caused by such communications.

5. The processing of personal data

SC NETEX ROMANIA SRL is registered in the Register of Personal Data Operators under number 29610.
The categories of personal data processed are: name, sex, date and place of birth, dates of civil status documents, phone / fax, address (home / residence), e-mail, profession, job, training, family situation, financial situation, data on property, habits / preferences / behavior, image, voice, data, geo-location / data traffic.
When a user creates an account on maxair.ro, he will receive commercial communications from maxair.ro only to the extent that he has given express consent, selecting the appropriate option.
Data collected on newsletters and alerts are confidential. maxair.ro can select users who will receive newsletters and alerts.
According to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, modified and supplemented, and Law no. 506/2004 concerning the processing of personal data and privacy in the electronic communications sector, maxair.ro has the obligation to process safely and only for specified purposes personal data of users.
The purpose of collecting personal data is: economic and financial management, advertising, marketing, publicity, statistics, electronic communications services, informing customers on the status of orders.
Filling the forms on the site by the Users, equates unconditional acceptance that these data be included in the database of maxair.ro and usage and processing of maxair.ro, affiliates and their collaborators for carrying out the activities listed above.
Customers are guaranteed the rights provided by Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, namely the right of information, access to data, the right of intervention, right of opposition, the right not to be subjected to an individual decision, the right to go to court in case of violation of his rights. Customers are entitled to request partial or total deletion of personal data. Customer may request any of the rights listed above on written request, signed and dated, sent to the headquarters of SC NETEX ROMANIA SRL.
Refusal to provide such data makes it impossible to fulfill orders.
If the customer changes his personal data sent to maxair.ro using the forms on the website and there are already pending orders, orders will retain data from the time of order and the service delivery will be made taking into account the new changed data.
Maxair.ro does not require Users by any means of communication (phone / email etc) confidential information, data on bank accounts, passwords, etc. If the user discloses to third parties, it bears the entire responsibility for his actions. Thus, in cases of disclosure of such data, the user can not make maxair.ro responsible for any damage.

6. Register as a user

To create an account on the site maxair.ro, User is obliged to use a valid email address. maxair.ro may refuse the application for registration in situations that determines use of false information or use of services in a manner contrary to normal practice.

7. Price

The final price paid by the customer consists of booking fee and price of the service performed. The prices for services provided by the Client are detailed on the website.
The standard price represents the value of leisure or charter flight for the plane occupied to capacity, 3 passengers.
Customers can opt for a flight of 30 minutes, which is the minimum length of a flight.
Customers can choose to pay for a single seat on the plane and not the full value of an hour flight or a 30 minute flight, case in which the date of the flight will be set by the Provider at the moment when all the seats will be occupied by other 2 passengers interested in a similar flight.
All prices for services sold through the maxair.ro website are expressed in Euro without VAT.

8. Order

The user places an order for the desired service by completing the relevant section found on maxiair.ro website.
At the checkout, the Client guarantees that all data provided is true and accurate, otherwise could suffer the consequences of these errors (Delayed order or wrong delivery etc).
maxair.ro can not be held responsible for incorrectly entered information, which may result in delivery delays. By completing the order, the Customer agrees that a representative maxair.ro can contact him by any available means agreed by the parties (e-mail / phone) for personal confirmation of the order.
maxair.ro may refuse an order after prior notification to the client, with no obligations between the parties and no damages can be claimed by any party, for the following situations:
• failure / invalidation online transaction;
• rejection by the issuing bank client / transaction;
• Customer’s incorrect or incomplete data;
• Client activity can damage the site maxair.ro / partners;
• other objective reasons: if the client does not guarantee that the method of payment is valid and that is not obtained by a fraudulent method or there are suspicions about the payment method.
Despite all measures taken so that the information presented on this site is accurate and correct, maxair.ro shall not be liable for inaccuracies that may occur in completing the website forms by the Customer at the checkout. Users are responsible for evaluating the accuracy, completeness and usefulness of the information provided in the forms available on this site.
The contract is concluded between the Client and maxair.ro upon receipt of full payment from the client for the value of the provided services.
If a service ordered by the Customer can not be delivered by maxair.ro, we pledge to inform the client of this fact and return the Client’s account equivalent value of the services and booking fee within a maximum of 2 days from the date on which maxair.ro acknowledges this fact.
The online booking gives the Client the right to take part to the flight with the Cessna 172 plane on the booked date and this includes: flight training, conducting and submitting the flight plan to the competent authorities for endorsement, heating up the engine and the actual plane flight.

9. Billing – pay

The price, method of payment and the payment date are specified in the Order. The Provider will issue to the Client an invoice for the services delivered, the client’s obligation is to provide all necessary information for the invoice according to legislation. The payment will be made in full no later than 2 business days before the flight date.
Payment can be made online (card or paypal), payment order or cash at the company. Urgent flights (bookings made before less than 24 hours before the flight) will be made by phone at 0744 175352 and the payment will be made cash directly to the pilot.

10. The services offered by the Provider.

The services provided by the Provider are presented on the maxair.ro website and are mainly leisure and charter flights performed by Cessna 172 airplane. The plane capacity is 3 persons plus pilot.

11. Services

Services ordered by the Customer will be provided with a Cessna 172 and will be conducted by a licensed pilot to carry out these flights and operation of the airplane that will carry the flight. The maximum number of passengers is 3.
Before carrying out the flight, the customer is required to sign an affidavit that he is medically fit for the flight. In case of refusal, the pilot will not allow the flight, in which case the Customer may not request a refund for the flight and booking fee. The pilot will not proceed with the flight if the client is under the influence of alcohol or drugs, in which case Customer may not request a refund for the flight and booking fee.
Air travel entirely depends on the weather and the weight of the load and is conditioned by the Romanian Aeronautical Authority.
The flight may be delayed due to adverse weather conditions and load weight issues that could jeopardize the flight, or if the flight plan is not approved by ROMATSA. The flight may be delayed due to operational reasons pertaining to flight safety and aircraft availability to conduct the flight in complete safeness. In all these situations SC Netex Romania SRL will not be liable to pay any compensation to the Customer, given that the reasons for the flight could not be carried out are objective, above the will of the company.
The pilot has the fundamental responsibility to decide if the flight can be conducted, as well as its duration and how to conduct the flight, including landing time. In case the pilot believes the flight can not be performed at the scheduled date or that the flight will be shortened for safety reasons for the aircraft or the passengers, he will proceed accordingly, without obliging SC Netex Romania SRL to pay any compensation or to refund any amount to the Client.
The pilot has the right to refuse flight participation if the customer represents a hazard to the aircraft, to other passengers or even for him. We will not accept on board children aged under 14 years. Children under 16 will fly only accompanied by a responsible adult. One adult can accompany only one child. Flights with two children accompanied by a single adult are not permited, for security reasons.
If the customer has opted just to pay for a seat on the plane and not pay in full an hour flight or a 30 minutes flight, the flight date will be set by the Provider at the time the seats on the plane will be occupied by other 2 passengers interested in a similar flight, case in which the client will be announced 2 days before the flight.
The customer is obliged to listen and follow instructions received from any of the representatives of SC Netex Romania SRL on the safe conduct of the flight.
If you do not book the entire plane but only individual seats, we can not guarantee that you can choose the other passengers you will fly with. Exception: if you book in groups of 3 people.

12. Right of withdrawal

According to the Emergency Ordinance no.34 / 2014 on consumer rights in contracts with professionals and amending and supplementing certain acts, the Client has the right to withdraw from distant contracts. 
According to the law they are exempted from the right of Contract withdrawal, contracts for the provision of services, after providing complete services, if the process has begun with the prior express consent of the Client and after he confirmed that he is aware that he will lose the right of withdrawal after complete execution of the contract by the provider. 
In accordance with the legal provisions, SC Netex Romania SRL offers you the possibility to postpone or cancel the flight at the latest one working day before the scheduled date for the flight. In case of flight cancellation on his own initiative, the customer will receive the reservation fee and the price of the flight. 
In case the customer does not show up in time to take part in the scheduled flight, he loses the right to reschedule the flight or to receive the refund for the amount paid for the reservation. 
If the ordered service was executed by the provider, or whether its execution began with prior express consent of the Client, he loses the right to invoke the right of withdrawal stipulated in the Emergency Ordinance no.34 / 2014.

13. Force majeure 

None of the contracting parties can be held liable for non-performance (total / partial) or delay in performance or its obligations if they were caused by force majeure. The Parties shall immediately bring to acknowledgment the force majeure and will take all necessary measures to limit the consequences of the event. 
If within 15 days the force majeure continues, the parties have the right to cancel the contract without claiming damages. Force majeure will be calculated according to the law.

14. Conflict resolution.

Applicable Law 
The contract shall be governed and construed in accordance with Romanian law. Any conflict between maxair.ro and Customers will be resolved amicably. If this is not possible, the first way is mediation by law, and if that fails, it will resort to the competent Romanian courts from the headquarters of SC Netex Romania SRL.

15. Final

If any of the above will be found null and void, this will not affect other clauses.

By signing this present contract, I declare that I agree with these terms and conditions, which regulate the flight with the Cessna 172N airplane under the management and administration of SC Netex Romania SRL. Checking the agreement option box is the electronic equivalent of a personal signature. office@maxair.ro

National Consumer Protection Authority: http://www.anpc.gov.ro/ Tel: 021 – 9551
Registration number with the National Data Protection Authority: 29610

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