Terms of Use

These general terms of use (the "Terms") govern access to and use of the Volara platform, accessible online and through its applications (the "Platform"), published by the company identified in the legal notice ("Volara"). They define the rights and obligations of Volara and of any person who browses, registers or carries out a transaction on the Platform (the "User"). Volara operates an intermediation service in the field of light aviation, covering three distinct products: cost-shared flights (flights with shared costs between a private pilot and occupants), commercial flights offered by operators holding an air operator certificate, and dry-lease aircraft rental (without crew). Volara is neither a carrier, nor an operator, nor a lessor, nor an insurer. The contractual framework binding the User to Volara is composed of these Terms, the pricing and commission terms, the privacy policy and, where applicable, the specific terms attached to each Listing and the terms of the payment service provider or insurance partners. In the event of a conflict, these Terms shall prevail over the specific terms of a Listing as regards the relationship between the User and Volara, without prejudice to mandatory rules and to the documents that the law renders paramount; the specific terms of a Listing govern, between Users, the particular arrangements of the service they conclude. The creation of an account, the publication of a listing, a booking or any payment constitutes full, complete and unreserved acceptance of these Terms, as well as of the documents to which they refer. A User who does not accept the Terms must refrain from using the Platform. As part of Volara's launch, the Platform is intended for the French market. Accounts, flights and rentals are partitioned by country, a separate database being maintained for each market. The translated versions of the Platform constitute a mere showcase for travellers present in France and do not entail the opening of any other national market. These Terms are governed by French law.

"Platform" means all services, sites, applications and tools published by Volara enabling the connection of Users. "User" means any person accessing the Platform; "Pilot" means the User holding the required licences and ratings who offers a cost-shared flight or leases a dry-lease aircraft; "Passenger" means the User who books a seat or a flight; "Occupant" means any person present on board the aircraft for the purposes of cost sharing, the Pilot himself being counted among the occupants; "Operator" means the undertaking holding an air operator certificate (AOC) offering commercial flights; "Owner" or "Lessor" means the person making an aircraft available under a dry lease; "Lessee" means the licensed Pilot who takes the aircraft on lease. "Listing" means the offer published by a Pilot, an Operator or a Lessor. "Booking" means the commitment of a Passenger or Lessee following a Listing. "Commission" means the remuneration received by Volara in respect of its intermediation service, displayed inclusive of all taxes before payment and included in the price. "Pricing terms" means the document, accessible on the Platform and referred to in the legal notice, specifying the amount or method of calculation of the Commission, its taxes, and the penalties applicable in particular under Article 14. "Direct cost" means, in matters of cost-shared flights, the sole direct costs of the flight within the meaning of the applicable regulations, to the exclusion of any margin or remuneration of the Pilot. "Escrow" means the mechanism whereby funds are held by the payment service provider until the service is performed. "Payment service provider" means the authorised institution responsible for collecting, holding in escrow and remitting the funds. "Consumer" means the natural-person User acting for purposes that do not fall within the scope of his commercial, industrial, craft, professional or agricultural activity; "Professional" means the User acting for purposes falling within that scope. The terms defined in this Article retain the same meaning throughout the Terms.

Volara acts exclusively as an online platform operator within the meaning of Article L. 111-7 of the French Consumer Code. It connects, by means of digital tools, Users wishing to offer or book a cost-shared flight, a commercial flight or a dry-lease aircraft rental. Volara operates no aircraft, provides no transport, leases no aircraft and supplies no aeronautical service. It is not a party to any contract of carriage, cost sharing or lease concluded between Users, who contract directly with one another and alone bear the performance thereof. Nor is Volara an insurer or an insurance intermediary, save within the limited and ancillary framework described in Article 17. Volara is bound, towards Users, by an obligation of means and not of result. It exercises reasonable diligence to verify certain documents, secure payments and provide connection tools, without guaranteeing the accuracy, sincerity or authenticity of the information provided by Users, nor the proper performance of the services they conclude between themselves. Information relating to the professional or non-professional status of the offeror is indicated on each Listing. Where the offeror is a non-professional individual, the protective rules of consumer law applicable to relationships between professionals and consumers do not govern the relationship between Users. Listings are ranked by geographical proximity and then by date; no remuneration paid by an offeror influences this ranking.

Registration is reserved for natural persons who are of age and legally capable, as well as for legal persons acting through a duly authorised representative. The User undertakes to provide accurate, complete and up-to-date information, and to update it without delay in the event of any change. Any registration based on inaccurate, incomplete or fraudulent information may result in the refusal, suspension or closure of the account. The account is strictly personal. The User is responsible for the confidentiality of his credentials and for any transaction carried out from his account. He shall inform Volara without delay of any unauthorised use. A single User may not hold multiple accounts intended to circumvent a suspension, a report or these Terms. Depending on the product concerned, the User must satisfy specific eligibility conditions: holding valid licences, ratings and fitness for the Pilot and the Lessee; holding a valid air operator certificate for the Operator; the right to make the aircraft available for the Lessor. The User warrants that he holds all the titles, authorisations and insurance required by the regulations applicable to his activity. Accounts are partitioned by national market. An account opened for France does not give access to the Listings, bookings or histories of another market. Volara may at any time request the production of supporting documents and make access to certain functionalities conditional on their verification, without such verifications entailing any guarantee or certification on its part.

A cost-shared flight means a flight with shared costs within the meaning of Article 6(4a) of Regulation (EU) No 965/2012, carried out with a non-complex aircraft carrying a maximum of six occupants including the pilot, the direct costs of which are shared among the occupants, without the Pilot making any profit whatsoever. A cost-shared flight is not commercial air transport; the Pilot is not a carrier. The cost-shared flight is initiated exclusively by the Pilot, who alone determines the route, the destination, the date and the conditions of the flight. The Passenger joins a flight already decided by the Pilot; he may in no case order a flight, impose a departure time, or cause a flight to be carried out to a destination of his choosing. The published time slot expresses an availability of the Pilot and not a guaranteed departure time, and no Passenger may demand that a flight be carried out. The Pilot declares, under his sole responsibility, the direct cost of the flight. Volara neither sets, nor verifies, nor guarantees this cost, which must be limited to the direct costs actually incurred, to the exclusion of any margin, remuneration or amortisation generating a profit. The Pilot is the sole pilot-in-command and sole decision-maker of the flight: he decides, according to safety, weather, the condition of the aircraft and his own fitness, whether to maintain, postpone, divert or cancel it. Two modes of sharing are offered. In FIXED CONTRIBUTION mode, an amount per seat is displayed, capped at the contributory share of one occupant, and several Passengers may book seats for the same date; the total of the contributions collected may in no case exceed the direct cost of the flight reduced by the Pilot's share, the latter bearing in any event at least his own share. In EQUAL SHARING mode, the direct cost is divided among all the occupants actually present, including the Pilot, only one booking being possible per date; no Passenger may finance the Pilot's share. These caps are locked by the Platform's tools. In EQUAL SHARING mode, since the final amount depends on the number of occupants actually present, an authorisation or capture is taken on the basis of a projected number of occupants, then adjusted after the flight: if the cost per actual occupant proves lower than the amount charged, the difference is refunded to the Passenger, within the limit of the applicable cap, in accordance with Article 9. Before the validation of any cost-shared flight booking, the Passenger receives and accepts clear safety information, the acceptance of which is traced: the flight is carried out under a non-commercial cost-sharing regime; it is NOT subject to the safety, maintenance, qualification and supervision requirements applicable to commercial air transport; it is carried out under the sole responsibility of the Pilot as pilot-in-command. The Passenger is further informed that it is his responsibility to verify the extent of the flight's insurance coverage, under the conditions of Article 17. In the event of cancellation by the Pilot, of unfavourable weather conditions or of any safety reason, the Passenger is fully refunded the sums paid in respect of the seat, the Commission following the fate determined in Articles 9 and 11. Cost-shared flights exclude any disguised remunerated transport; any attempt to make a profit, to invoice beyond direct costs or to circumvent these rules exposes its author to the sanctions provided for in Articles 14 and 21, without prejudice to his personal liability under aeronautical regulations.

The Platform enables Operators holding a valid air operator certificate (AOC) to publish commercial flights. In this context, the Operator is the carrier: it concludes the contract of carriage directly with the Passenger, which it performs under its sole responsibility and in accordance with the regulations applicable to it. Volara merely connects the Passenger and the Operator and secures the payment. It is not a carrier, assumes no transport obligation and is not a party to any contract of carriage. The Operator's specific terms (conditions of carriage, baggage, delays, connections, liabilities) apply to the service and are brought to the Passenger's attention before booking. The Operator warrants that it holds and maintains all the certificates, licences, authorisations and insurance required, in particular the insurance provided for by Regulation (EC) No 785/2004, and that it meets the information and safety obligations incumbent on the air carrier. It undertakes to inform the Passenger and Volara without delay of any modification, delay or cancellation. For commercial flights, payment is subject to immediate capture. The conditions of cancellation, refund and compensation fall to the Operator and to the regulations applicable to air transport, Volara facilitating, without substituting itself, the transmission of requests between the Passenger and the Operator. Insofar as Volara's intermediation is limited, for this product, to the issuance of air transport tickets, it falls within the exception provided for by the French Tourism Code. Failing that, the registration required in the register of travel and holiday operators and the corresponding information appear in the legal notice.

Dry lease is the provision of an aircraft without crew. The Lessee, a licensed Pilot, becomes the operator of the aircraft for the duration of the rental, within the meaning of the Part-NCO regulations, for strictly private use. He thereby assumes the responsibilities of the operator, in particular as regards safety, flight preparation, compliance with the aircraft's operating limitations and the conduct of the flight. Any remunerated transport, any commercial activity and any use not authorised by the Lessor or by the regulations are prohibited. The Lessee warrants that he holds the licences, ratings, fitness and recent experience required to pilot the leased aircraft, and that he complies with the conditions laid down by the Lessor. In his capacity as Part-NCO operator for the duration of the rental, the Lessee warrants that he holds liability insurance coverage compliant with the minimums of Regulation (EC) No 785/2004, covering third parties and the occupants carried, or that he has verified with the Lessor that the latter's policy expressly extends these guarantees to the Lessee-operator for the duration of the rental. Volara guarantees neither the existence, nor the extent, nor the maintenance of such coverage or such extension. Flight hours are invoiced on the basis of hour-meter readings photographed at departure and on return, recorded in the aircraft's journey log. In the event of disagreement between the Lessor and the Lessee on the readings, the condition of the aircraft or the sums due, the corresponding payments are frozen and the dispute is directed to the mediation provided for in Article 24, each party retaining the burden of proving its allegations. A security deposit is requested in the form of a bank pre-authorisation, debited only up to the amount of damage documented and substantiated by the Lessor, under the conditions of Article 9. The Lessor warrants that the aircraft is airworthy, maintained in accordance with its maintenance programme and covered by the required insurance; Volara verifies certain documents without substituting itself for the Lessor or guaranteeing the actual condition of the aircraft.

The obligation to hold the required titles falls on the Pilot and, in dry-lease rental, on the Lessee, in their capacity as pilot-in-command and, where applicable, operator. They warrant that they hold, keep valid and comply with the limitations of their licences, ratings, medical certificates, recent experience and authorisations, and declare that they are fit to carry out the flight they offer or undertake. Within the framework of its obligation of means, Volara carries out a documentary control consisting in collecting the supporting documents declared by the Pilot and verifying the presence of the required documents as well as the apparent consistency and apparent validity date of the titles and attestations collected. This baseline of diligence constitutes the effective scope of the control carried out by Volara. Beyond this baseline, the control does not constitute a certification, a validation, or a guarantee of the authenticity, accuracy, sufficiency or continued validity of these documents, nor of the actual fitness, effective recent experience or competence of the Pilot. Volara carries out no medical verification, does not check the reality of recent experience beyond the declarations and documents received, and does not substitute itself for the authorities competent in civil aviation matters. It is not liable for the consequences of any fraud, falsification, false declaration or omission committed by a User, which engage the sole liability of their author. The Pilot and the Lessee undertake to inform Volara without delay of any suspension, withdrawal, expiry or restriction affecting their titles, and to cease any Listing or flight as soon as they no longer satisfy the required conditions. Failure to comply with these obligations exposes its author to the sanctions provided for in Article 21 and to his full personal liability.

The price of each service is determined by the offeror, within the limits specific to each product, in particular the capping at the direct cost in matters of cost-shared flights. Volara's Commission, remunerating its intermediation service, is displayed clearly before any payment and included in the total price presented to the User. The Commission is understood to be inclusive of all taxes, the value added tax at the rate in force being included; the rate and the arrangements appear in the legal notice and the pricing terms. Any booking is validated only after presentation to the User of a detailed summary of the order and activation of a validation button bearing the words "order with obligation to pay" or an equivalent formulation. A confirmation of the booking is then sent to the User on a durable medium, in accordance with Articles L. 221-13 and L. 221-14 of the French Consumer Code. All payments are processed by an authorised payment service provider, by means of a Stripe Connect-type solution. Volara does not directly collect the funds intended for offerors and has no access to the complete banking data of Users, which are processed by the authorised provider according to its own terms, which the User accepts. For cost-shared flights, payment operates in escrow with manual capture: an imprint or authorisation is taken at booking, the capture of funds occurs upon the Pilot's acceptance of the flight, and the share is remitted to the Pilot after the flight has been carried out. In EQUAL SHARING mode, the capture is based on a projected number of occupants and gives rise, after the flight, to the adjustment provided for in Article 5, any overpayment being refunded to the Passenger. For commercial flights, payment is subject to immediate capture for the benefit of the Operator. For dry-lease rental, a security deposit is blocked by pre-authorisation and is debited only up to the amount of documented damage. The funds held in escrow are retained until the service is performed or until the resolution of the dispute under the conditions and time limits of Articles 21 and 24. Save as otherwise provided, the Commission remunerates an intermediation service actually rendered; it is returned when the booking is cancelled by the Pilot, the Operator, the Lessor, the weather or force majeure, and remains acquired in the event of cancellation attributable to the Passenger under the conditions of Article 11. Any non-payment, rejection or abusive chargeback authorises Volara to suspend the account and to recover the sums due.

Volara offers for online sale gift cards enabling the funding, up to their value, of an eligible booking on the Platform. The gift card is issued after collection of the payment; it takes the form of a code or a digital medium transmitted to the buyer or to the designated beneficiary. The gift card is a prepaid payment instrument. As such, the consumer buyer has, for any unused gift card, a right of withdrawal of fourteen days from its purchase, giving rise to a full refund, under the conditions of Article 12. This right is extinguished as soon as the card has been used, in whole or in part, to pay for a booking. The gift card may be used in the national market for which it was issued, within the limit of its period of validity indicated at the time of purchase, which is set at a sufficient duration. It is neither rechargeable nor convertible into cash. Upon expiry of the validity, the beneficiary may request the reissuance or the refund of the unused balance, according to the arrangements specified at the time of purchase, so that no prepaid sum is retained without consideration. The use of a gift card to pay for a booking does not alter the rules applicable to the product concerned, in particular as regards cancellation, refund and escrow. Where a service paid for by means of a gift card is cancelled in a case giving rise to a refund, this is made, at the option, either by re-crediting the card or according to the arrangements specified at the time of the transaction. Volara reserves the right to block or cancel a gift card obtained or used fraudulently, resold in breach of these Terms, or associated with a disputed or unpaid payment transaction.

The conditions of cancellation depend on the product and on the author of the cancellation. For cost-shared flights, where the flight is cancelled by the Pilot, for weather reasons or for any safety reason falling within his sole appreciation, the Passenger is fully refunded the sums paid in respect of the seat and the Commission is returned to him. The Pilot remains the sole judge of the appropriateness of flying; his decision to cancel for safety cannot engage his liability or that of Volara. Where the Passenger cancels his booking, the refund is made according to the conditions displayed before payment for the Listing concerned, taking into account the notice period and the Pilot's commitment. In the event of the Passenger's absence at the agreed time slot ("no-show"), without prior cancellation within the time limits, the sums corresponding to the seat may remain acquired by the Pilot and the Commission acquired by Volara. The time slot published for a cost-shared flight expresses an availability and not a guaranteed departure time. A delay, a reasonable schedule shift, a diversion or an adaptation of the flight decided by the Pilot for safety reasons or for legitimate operational reasons does not constitute a non-performance giving rise to compensation. This clause does not deprive the consumer Passenger of his right to compensation in the event of proven personal fault of the Pilot or the offeror. For commercial flights, the conditions of cancellation, refund and compensation fall to the Operator and to the regulations applicable to air transport. For dry-lease rental, the conditions of cancellation appear in the Listing, the unavailability of the aircraft or its unfitness for flight established by the Lessor giving rise to a refund of the Lessee. In the event of cancellation for force majeure within the meaning of Article 22, the sums corresponding to the service not performed are returned, each party retaining its own costs.

The flight and rental services offered on the Platform, whether cost-shared flights, commercial flights or aircraft rental, constitute transport services or leisure activities to be supplied on a specific date or during a specific performance period. As such, in accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to these bookings. Consequently, the consumer who books a flight or a rental for a specific date or period does not benefit from a fourteen-day withdrawal period. This exclusion is brought to his attention before the validation of the booking. The applicable cancellation and refund conditions are those provided for in Article 11 and in the specific terms of the Listing. On the other hand, the distance purchase of a gift card, which constitutes a prepaid payment instrument and not a service supplied on a specific date, gives the consumer a right of withdrawal of fourteen days as long as the card has not been used. The exercise of this right gives rise to a full refund of the unused card. The right of withdrawal can no longer be exercised as soon as the card has been used, in whole or in part, to pay for a booking. This exclusion does not deprive the User of any mandatory right otherwise granted to him by law, in particular as regards refund in the event of cancellation attributable to the offeror, the weather or force majeure.

The User undertakes to use the Platform in good faith, in compliance with these Terms, the law and the applicable regulations, in particular aeronautical ones. He warrants the accuracy of the information he publishes and of the documents he transmits, and is answerable for their sincerity. The Pilot, the Operator and the Lessor undertake to offer only services that they are legally authorised to carry out, to hold all the titles, authorisations and insurance required, and to comply with the limits specific to each product, in particular the prohibition, for cost-shared flights, of any profit and of any exceeding of the direct cost, and, for dry-lease rental, of any remunerated transport. The Passenger and the Lessee undertake to provide accurate information, to present themselves at the agreed time slot and to comply with the safety instructions of the pilot-in-command. It is prohibited for any User to publish content that is false, misleading, defamatory, unlawful or infringing the rights of third parties; to usurp an identity or a status; to circumvent the payment, escrow or commission mechanisms; to collect or misappropriate the data of other Users; to undermine the security or operation of the Platform. The User refrains from any practice aimed at under-declaring a price, concealing a profit or carrying out off-Platform a transaction initiated thereon. Each offeror is solely responsible for his tax and social obligations in respect of the sums he receives through the Platform. In accordance with Article 242 bis of the French General Tax Code, Volara informs offerors of their obligations and sends them an annual summary of the transactions carried out. In accordance with the reporting obligations of platform operators, in particular Article 1649 ter A of the French General Tax Code, Volara communicates to the tax authorities the information legally required; the arrangements are specified in the legal notice. The User is solely responsible for the consequences of his own breaches. He undertakes to indemnify Volara against any recourse, claim or condemnation resulting from inaccurate information he has provided, from a lack of title or insurance incumbent on him, or from any violation by him of these Terms, the law or the rights of third parties. This indemnity is strictly limited to the consequences of the User's own culpable breaches; with regard to the consumer, it cannot operate beyond his proven personal fault.

Users connected through the Platform undertake to conclude and perform on the Platform any transaction initiated through it, and not to circumvent it. This undertaking applies for a period of twelve months from the connection. In particular, it is prohibited to pay or receive all or part of a service outside the Platform, to under-declare a price or a direct cost in order to reduce the Commission, to exchange contact details for the purpose of dealing off-Platform, or to incite another User to such practices. Volara's connection service and tools may not be diverted from their purpose in order to evade its remuneration. Volara may implement detection measures, in particular by cross-referencing the declared information, hour-meter readings, journey logs and publicly available flight-tracking data such as ADS-B data, in order to identify transactions carried out in circumvention of the Platform. In the event of established circumvention, Volara may claim payment of the evaded Commission, increased by a flat-rate penalty the amount of which is indicated in the pricing terms, and pronounce the suspension and then the ban of the User(s) concerned. Transactions carried out off-Platform benefit from no payment security, no escrow, no documentary verification and no assistance from Volara, Users assuming them at their sole risk.

Only Passengers who have actually carried out the booked flight, or Lessees who have actually taken the aircraft on lease, may post a review relating to the service. No review may be published following a cancelled booking, in particular for weather reasons, nor relate to a service not performed. In accordance with Article L. 111-7-2 of the French Consumer Code, reviews are subject to a control before their publication. This control consists in verifying that the review relates to a service actually performed and booked on the Platform, and in excluding content that is manifestly unlawful, insulting, defamatory, off-topic, false or contrary to these Terms. Each published review indicates the date of its publication as well as the date or period of the service to which it relates; any subsequent update of the review is flagged. Reviews are, by default, displayed in reverse chronological order. A review may be refused or withdrawn where it relates to no performed service, where it emanates from a person who did not benefit from the service, where it is manifestly unlawful, mendacious or off-topic, or where it contravenes these Terms. The offeror concerned has a right of reply enabling him to have his own observation appear following the review. Reviews are retained and disseminated for a reasonable period specified in dedicated information, and the author of a review may be contacted under the conditions indicated therein. The User who publishes a review or any other content warrants that he is the author thereof, that it is accurate and sincere, and that it infringes no third-party rights. He grants Volara, free of charge, the right to host, display and reproduce this content on the Platform for the purposes of the service, for the duration necessary to that end. Volara is not the author of the reviews and content published by Users and does not guarantee their accuracy. The arrangements for reporting and withdrawing unlawful content are specified in Article 20.

As Volara acts as an intermediary bound by an obligation of means, its liability can be engaged only in the event of personal, proven fault, committed in the performance of its own obligations. It is not responsible for the performance, proper completion or quality of the services concluded between Users, to which it is not a party. Volara is not liable for damage resulting from the acts of Users, Pilots, Operators, Lessors or third parties, in particular from an accident, a flight incident, a lack of title, qualification, maintenance or insurance, an inaccurate declaration, a fraud, a falsification, the conduct of a User, or the occurrence of a case of force majeure. As the Pilot remains the sole pilot-in-command and sole decision-maker of the flight, his decisions and their consequences cannot be attributed to Volara. The Platform is provided as is and according to its availability. Volara exercises reasonable diligence to ensure its operation, without guaranteeing continuous or uninterrupted access. It may temporarily suspend access for maintenance operations, in the event of force majeure or technical constraint, and may develop, modify or discontinue certain functionalities, informing Users by an appropriate means where the measure is substantial. With regard to the consumer, Volara's liability for its proven personal fault is engaged under the conditions of ordinary law: no stipulation of these Terms has the effect of removing or reducing his right to compensation for damage directly caused by a breach by Volara of its own obligations. Volara remains merely a stranger to damage that does not result from such a breach, in particular that attributable to Users, partners, third parties or force majeure. With regard to professional Users, and to the extent permitted by applicable law, Volara's liability is limited to direct and foreseeable damage, to the exclusion of indirect damage such as loss of opportunity, commercial harm, loss of data or of operations; where it is engaged, its reparation is capped at a reasonable amount, specified where applicable in the specific terms. This limitation and this cap do not apply to the consumer. No stipulation of these Terms has the effect of excluding or limiting Volara's liability in cases where the law prohibits it, in particular in the event of wilful misconduct, gross negligence or harm to life or physical integrity. Any stipulation that would create a significant imbalance to the detriment of the consumer is deemed unwritten within the meaning of Article L. 212-1 of the French Consumer Code, without affecting the validity of the other clauses.

The coverage of risks linked to the flight or to the operation of the aircraft falls to the operator, the Operator or the Owner, in accordance in particular with Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators. Each Pilot, Operator and Lessor warrants that he holds the insurance required for his activity and for the aircraft concerned. In matters of cost-shared flights, the Pilot warrants that he holds liability insurance covering the occupants carried, compliant with the minimums of Regulation (EC) No 785/2004. The Passenger is expressly informed, before booking, that certain flying-club or individual policies may exclude or cap the coverage of occupants, all the more so in shared-cost flights, and that it is recommended that he verify the extent of this coverage with the Pilot. In matters of dry-lease rental, the Lessee warrants that he holds, in his capacity as Part-NCO operator, coverage compliant with Regulation (EC) No 785/2004 for the duration of the rental, or that he has verified that the Lessor's policy expressly extends it to himself and to the occupants. Volara verifies certain insurance documents within the framework of its obligation of means, without substituting itself for the insurers or the insured, without guaranteeing the extent, validity or maintenance of the guarantees, or their extension to the occupants or to the Lessee-operator, and without conferring any coverage. It is for each User to ensure that the guarantees corresponding to his situation and to the intended use are in force. Volara may offer, on an ancillary and optional basis, a cancellation insurance option at the time of booking. This product is designed and underwritten by an authorised insurer or partner; Volara then acts as an ancillary insurance intermediary, limiting itself to distributing this product and presenting its characteristics. The guarantees, exclusions, conditions and arrangements for compensation are those of the partner's insurance contract, which the subscriber accepts upon subscription. Where this distribution is activated, Volara is registered in the single register of insurance intermediaries, whose registration may be verified on the orias.fr website, and is subject to the control of the Autorité de contrôle prudentiel et de résolution (ACPR). The registration number and the corresponding information appear in the legal notice and on the page dedicated to insurance.

The Platform, its structure, its interfaces, its databases, its trademarks, logos, texts, graphic elements and software are protected by intellectual property law and remain the exclusive property of Volara or of its licensors. No stipulation of these Terms entails an assignment of these rights. Volara grants the User a personal, non-exclusive, non-transferable and revocable right of access and use, limited to the use of the Platform in accordance with its purpose. Any reproduction, representation, extraction, reuse, adaptation or exploitation, in whole or in part, of the Platform or of its elements, outside this use, is prohibited without the prior written authorisation of Volara. The User who publishes content on the Platform retains ownership thereof and warrants that he holds the necessary rights. He grants Volara a free, non-exclusive licence to host, reproduce, display and adapt this content for the sole purposes of operating and promoting the service, for the duration and extent necessary to that end. The extraction or reuse, qualitatively or quantitatively substantial, of the content of Volara's databases, as well as any unauthorised automated collection, are prohibited and engage the liability of their author.

Volara processes personal data within the framework of the provision of its services, in the capacity of data controller for the processing it determines, in compliance with the General Data Protection Regulation (GDPR) and applicable law. The purposes, legal bases, retention periods, recipients and rights of individuals are described in the privacy policy, accessible on a dedicated page to which these Terms refer. The data is collected to enable registration, connection, documentary verification, payment processing, prevention of fraud and circumvention, moderation, compliance with legal, accounting and tax obligations, and improvement of the service. Certain data may be transmitted to the authorised payment service provider, to insurance partners where applicable, and to the competent authorities where the law so requires. In accordance with the partitioning by market, Users' data is hosted and processed separately for each country, in a database specific to each market, in order to ensure an effective separation of accounts and histories. The User has the rights of access, rectification, erasure, objection, restriction and portability, as well as the right to define directives relating to the fate of his data, under the conditions and limits provided for by the regulations. The exercise of these rights and the contact details of the competent contact are specified in the privacy policy.

In accordance with Regulation (EU) 2022/2065 on digital services (DSA) and the French Act for confidence in the digital economy, Volara provides a mechanism enabling any User or third party to report content that it deems unlawful or contrary to these Terms. The report must be sufficiently precise and reasoned to enable the content to be identified and its character assessed. Volara, in its capacity as host of the content published by Users, is not subject to a general obligation of monitoring. It examines the reports received with diligence and objectivity, and may withdraw or render inaccessible content that is manifestly unlawful or contrary to the Terms, without delay after having had actual knowledge thereof. The decision to withdraw, maintain, restrict or suspend is reasoned and communicated to the author of the content where the regulations so require. The User concerned may contest this decision through an internal complaint mechanism; the author of a report may also be informed of the action taken. Volara acts in a proportionate and non-arbitrary manner, in compliance with the rights of Users. Volara designates a single point of contact enabling the authorities of the Member States, the Commission and the European Board for Digital Services to communicate directly with it, as well as a channel enabling Users to contact it and to transmit their reports. Communications may be addressed in the French language. The electronic address and the arrangements for these points of contact appear in the legal notice. Volara cooperates with the competent authorities and gives effect to duly notified orders to act against unlawful content or to provide information. The abusive use of the reporting mechanism, in particular through manifestly unfounded and repeated reports, may give rise to measures under Article 21.

In the event of a breach of these Terms, of the law or of the applicable regulations, Volara may, according to the seriousness and in a proportionate manner, issue a warning, restrict access to certain functionalities, withdraw a Listing or content, freeze payments, suspend the account as a precautionary measure, or terminate it and pronounce the ban of the User. In particular, an immediate measure is justified by the provision of false information, the absence or invalidity of the required titles or insurance, a circumvention practice within the meaning of Article 14, a fraud, a threat to the safety of persons or of the Platform, a non-payment or an abusive chargeback, or conduct seriously harming other Users. Where the safety of persons is at stake, the measure may be taken without notice. The freezing of payments is a precautionary measure, limited in time. As regards the consumer, the sums due to him may be frozen only for the period strictly necessary for the investigation of the dispute, under the conditions and time limits of Article 24, at the end of which they are returned to him failing legal action brought by the opposing party. Suspension or termination does not deprive Volara of the right to recover the sums due, including the evaded Commission and the penalties, or to retain, within these same limits, the funds necessary for the resolution of an ongoing dispute. Transactions already undertaken in good faith by third parties may be carried through to completion or refunded in accordance with Articles 9 and 11. The User may terminate his account at any time, subject to the settlement of ongoing transactions and of the sums due. The stipulations which, by their nature, are intended to survive the end of the relationship, in particular those relating to non-circumvention, liability, intellectual property, data, evidence and disputes, remain applicable after termination.

No party may be held liable for a breach of its obligations where that breach results from a case of force majeure within the meaning of Article 1218 of the French Civil Code, that is to say, an event beyond its control, which could not reasonably have been foreseen at the time of conclusion and the effects of which cannot be avoided by appropriate measures. In particular, liable to constitute cases of force majeure, subject to satisfying these conditions, are weather phenomena rendering the flight impossible or dangerous, natural disasters, administrative measures restricting or closing airspace, general strikes, epidemics, conflicts, as well as widespread failures of communication or energy networks independent of the party concerned. The prevented party informs the other as soon as possible and exercises reasonable diligence to limit the effects thereof. The affected obligations are suspended for the duration of the impediment. If it persists, the transaction concerned may be cancelled, the sums corresponding to the service not performed being returned in accordance with Article 11, each party retaining the burden of its own costs. The Pilot's decision to cancel or postpone a flight for weather or safety reasons, falling within his sole appreciation as pilot-in-command, gives rise to a refund of the Passenger under the conditions of Article 11, without engaging the liability of the Pilot or that of Volara.

Volara may modify these Terms in order to take account of the evolution of its services, of the regulations, of case law or of the technical and economic conditions of operation of the Platform. The applicable version is the one in force on the date of the transaction considered. Any substantial modification is brought to the attention of Users by an appropriate means, in particular by display on the Platform or notification, within a reasonable time before its entry into force. Users are invited to consult regularly the version in force, the update date of which is indicated. Continued use of the Platform after the entry into force of the modified Terms constitutes acceptance thereof. The User who does not accept the modifications must cease to use the Platform and may terminate his account, subject to the settlement of ongoing transactions. The modifications do not apply retroactively to bookings already confirmed and paid before their entry into force, which remain governed by the conditions accepted at the time of the booking, subject to the mandatory provisions of public policy.

These Terms and the relationships between Volara and Users are governed by French law. The relationships between Users are also governed by French law within the framework of the national market concerned, without prejudice to the applicable mandatory rules. The records, registers and logs kept by Volara and by the payment service provider, in particular the declarations, the payment imprints and transactions, the photographed hour-meter readings, the connection logs and the flight-tracking data, are authoritative between the parties as to the transactions, connections and exchanges they record, save proof to the contrary, within the limits of Article 1366 of the French Civil Code. This evidentiary agreement does not preclude the free assessment of the court. In the event of a disagreement between Users relating to a service, in particular a dispute over the hour-meter readings, the condition of an aircraft or the sums due, the reporting of the dispute freezes the corresponding payments. Volara investigates the file on the basis of documents, within an indicative period of forty-eight working hours from receipt of the elements, in the light of the supporting documents produced by each party, without substituting itself for the court or definitively settling the parties' rights. Failing an amicable agreement, the frozen funds due to the consumer are returned to him upon the expiry of a reasonable period, unless legal action has been brought by the opposing party within that period; failing such action, the retention cannot be maintained. In accordance with Articles L. 611-1 et seq. and L. 616-1 of the French Consumer Code, the consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute between him and Volara, after a prior written complaint that has remained without a satisfactory response. The contact details of the competent mediator appear in the legal notice and on the dedicated page. The consumer may also have recourse to the European online dispute resolution platform. Failing amicable resolution, the dispute is brought before the competent courts according to the rules of ordinary law. Nothing in these Terms deprives the consumer of the option to seise the court of his choice among those territorially competent pursuant to the law. Should a stipulation of these Terms be declared void, unwritten or inapplicable, the other stipulations would retain their full force.