Terms of service

Effective date: [TO BE COMPLETED: effective date]

1. General provisions

1. These Terms of Service ("Terms") set out the rules for booking and providing passenger experience flights in historic jet aircraft and for purchasing vouchers offered via the website https://fubaraviation.com (the "Website"), by e-mail and by phone.
2. The service provider is [TO BE COMPLETED: full legal name and legal form], registered in [TO BE COMPLETED: country and register] under number [TO BE COMPLETED: registration number], Tax ID/VAT: [TO BE COMPLETED: NIP/VAT], registered office: [TO BE COMPLETED: address], correspondence address: [TO BE COMPLETED: address], operating under the name "FUBAR Aviation" ("Operator", "we").
3. Contact: e-mail fly@fubaraviation.com, phone +48 605 217 521, +48 608 204 671.
4. The Operator performs flights as specialised operations (SPO) on the basis of [TO BE COMPLETED: type and number of authorisation/declaration/certificate, issuing authority (e.g. Polish Civil Aviation Authority – ULC), scope]. [TO BE COMPLETED: lawyer/aviation expert to verify the legal basis for carrying fare-paying passengers in historic aircraft (Annex I aircraft / national regulations)]
5. These Terms are made available free of charge on the Website in a form that allows them to be downloaded, stored and printed.

2. Definitions

• Client – a natural person, legal person or organisational unit that makes a Booking or purchases a Voucher.
• Consumer – a natural person concluding a contract with the Operator not directly related to their business or professional activity; provisions on Consumers also apply to natural persons running a sole proprietorship concluding a contract not of a professional nature for them, to the extent provided by Polish law.
• Passenger – the person taking part in the Flight (may be the Client or a person indicated by the Client, including a Voucher holder).
• Flight – a passenger experience flight in a MiG-15/Lim-2 or MiG-17F/Lim-5 aircraft operated by the Operator, together with associated services (briefing, preparation) specified in the Package.
• Package – a variant of the service described on the Website (e.g. duration, programme, add-ons).
• Booking – a Client's request to reserve a Flight on a specific date or to purchase a Voucher.
• Voucher – a document (electronic or paper) entitling the holder to use a specified Package within its validity period.
• Airport – Olsztyn-Mazury Airport (ICAO: EPSY), Szymany, Poland.
• Flight Date – the date and time of the Flight confirmed by the Operator.

3. Booking and conclusion of the contract

1. Information on the Website does not constitute an offer within the meaning of the Civil Code but an invitation to enter into negotiations. [TO BE COMPLETED: lawyer to confirm]
2. A Booking may be made via the form on the Website, by e-mail or by phone. The Client provides: full name, e-mail address, phone number, selected Package, preferred date, number of persons and optionally a message.
3. Submitting a form does not constitute conclusion of a contract. The Operator will contact the Client to confirm availability, the Flight Date, the price and the Passenger requirements.
4. The contract is concluded when the Operator sends confirmation of the Booking to the Client on a durable medium (e-mail) [TO BE COMPLETED: and/or upon payment of the deposit/price – specify]. The confirmation will include these Terms and the information required by consumer law.
5. The Client is responsible for the accuracy of the data provided and for informing the Passenger (if a different person) about these Terms and Passenger requirements.

4. Prices and payment

1. Prices are stated in [TO BE COMPLETED: currency, e.g. PLN/EUR] and are gross prices including VAT [TO BE COMPLETED: confirm VAT status]. The current price list is available on the Website or upon request.
2. The price includes: [TO BE COMPLETED: e.g. briefing, equipment, flight time, insurance, video recording, certificate]. The price does not include: [TO BE COMPLETED: e.g. travel, accommodation, airport fees, additional services].
3. Payment terms: [TO BE COMPLETED: deposit amount and due date, balance due date].
4. Payment methods: bank transfer to account [TO BE COMPLETED: bank account number]; online payment via Stripe (when launched); [TO BE COMPLETED: other methods].
5. If payment is not made by the due date, the Operator may cancel the Booking after notifying the Client. [TO BE COMPLETED: verify]
6. The Operator issues an invoice/receipt upon request [TO BE COMPLETED: specify].

5. Vouchers

1. A Voucher may be purchased for one's own use or as a gift. A Voucher specifies the Package, its unique number and its validity period.
2. Voucher validity: [TO BE COMPLETED: validity period, e.g. 12 months from the date of purchase].
3. To use a Voucher, the holder must book a Flight Date by contacting the Operator, no later than [TO BE COMPLETED: e.g. 30 days] before the Voucher expires. Flight Dates are subject to availability and the flying season [TO BE COMPLETED: flying season months].
4. The Passenger using the Voucher must meet the Passenger requirements (section 6). Failure to meet them does not entitle the holder to a refund unless otherwise stated in section 8. [TO BE COMPLETED: verify – consider transfer to another person]
5. Transferability: [TO BE COMPLETED: whether the Voucher can be transferred to another person and on what terms].
6. Extension of validity: [TO BE COMPLETED: conditions and fee, if any]. If a Flight cannot be performed within the validity period for reasons attributable to the Operator (including weather or technical cancellations), the validity will be extended accordingly [TO BE COMPLETED: verify].
7. A Voucher cannot be exchanged for cash, except as required by law or provided in these Terms.
8. Online Voucher purchase via Stripe will be available when launched; specific rules will be published on the Website.

6. Passenger requirements

1. Flights in historic jet aircraft involve significant physical loads (including G-forces). Each Passenger must meet the following requirements:
   • age: [TO BE COMPLETED: minimum age; rules for minors, e.g. parental consent];
   • body weight: [TO BE COMPLETED: min/max weight, incl. equipment];
   • height: [TO BE COMPLETED: min/max height, sitting height];
   • other body measurements related to the ejection seat/cockpit: [TO BE COMPLETED: e.g. leg length, shoulder width];
   • health: [TO BE COMPLETED: list of contraindications, e.g. cardiovascular disease, pregnancy, epilepsy, recent surgery, spinal conditions];
   • medical certificate / health declaration: [TO BE COMPLETED: whether required and in what form];
   • language: [TO BE COMPLETED: briefing language requirements];
   • identity document: [TO BE COMPLETED: whether required].
2. The Passenger must arrive at the Airport at least [TO BE COMPLETED: e.g. 60 minutes] before the scheduled Flight time, take part in the safety briefing, sign [TO BE COMPLETED: e.g. declaration/statement of risk acceptance] and follow the instructions of the pilot-in-command and the Operator's staff.
3. The Passenger must not be under the influence of alcohol, drugs or other substances impairing fitness. Prohibited items: [TO BE COMPLETED: list].
4. The pilot-in-command has the final decision on admission to the Flight and may refuse it or terminate the Flight early for safety reasons, including when the Passenger does not meet the requirements or fails to follow instructions.
5. If a Passenger is refused a Flight because they do not meet requirements that were communicated in advance or because of false declarations, the rules in section 8.3 (cancellation by the Client) apply. [TO BE COMPLETED: verify]
6. Insurance: [TO BE COMPLETED: Operator's third-party liability and passenger insurance (insurer, sum insured), whether additional personal accident insurance is included or recommended].

7. Course of the Flight

1. The Flight takes place from the Airport. The programme and flight time depend on the Package [TO BE COMPLETED: description; whether aerobatics are included].
2. Flight time may be shortened for reasons of safety, weather, air traffic control instructions, or the Passenger's wellbeing. [TO BE COMPLETED: rules for partial refund or none]
3. Recording/photos: [TO BE COMPLETED: whether available and on what terms].

8. Cancellations and changes

8.1. Weather and operational reasons

1. Flights are performed only in weather conditions meeting safety requirements. The decision whether to fly is made by the pilot-in-command/Operator, possibly on the day of the Flight.
2. If a Flight is cancelled due to weather, the Client may choose: [TO BE COMPLETED: e.g. a new date at no charge / Voucher extension / refund].
3. Cancellation due to air traffic restrictions, airspace closures, Airport restrictions or decisions of authorities: [TO BE COMPLETED: rules].

8.2. Technical reasons and other reasons on the Operator's side

1. Due to the historic nature of the aircraft, a Flight may be cancelled or postponed for technical reasons. In such case the Client may choose a new date or [TO BE COMPLETED: a full refund of amounts paid within X days].
2. The Operator will inform the Client of cancellation as soon as possible using the contact details provided.
3. The Operator does not reimburse travel, accommodation or other indirect costs incurred by the Client, except where required by mandatory law. [TO BE COMPLETED: lawyer to verify for Consumers]

8.3. Cancellation or change by the Client

1. Rescheduling by the Client: [TO BE COMPLETED: deadline and fees].
2. Cancellation by the Client: [TO BE COMPLETED: scale of cancellation fees/refunds depending on notice, e.g. more than 30 days / 14–30 days / less than 14 days; whether the deposit is refundable].
3. Failure to appear on the Flight Date without notice (no-show) or late arrival preventing the Flight: [TO BE COMPLETED: consequences].
4. The Client may indicate another Passenger meeting the requirements, no later than [TO BE COMPLETED: deadline] before the Flight Date.

9. Right of withdrawal (Consumers)

1. As a rule, a Consumer who concludes a contract at a distance (e.g. via the Website, e-mail or phone) may withdraw from it within 14 days without giving reasons.
2. Exception: pursuant to Art. 38(1)(12) of the Polish Consumer Rights Act of 30 May 2014 (implementing Art. 16(l) of Directive 2011/83/EU), the right of withdrawal does not apply to contracts for services related to leisure, sport or entertainment activities if the contract specifies a specific date or period of performance. Therefore, a contract for a Flight on a specific, confirmed Flight Date is not subject to the right of withdrawal; in such cases the cancellation rules in section 8.3 apply. [TO BE COMPLETED: LAWYER TO VERIFY – applicability of the exception to experience flights, in particular when the date is not fixed at the time of conclusion]
3. Vouchers without a specified Flight Date: [TO BE COMPLETED: LAWYER TO VERIFY whether the exception applies to Vouchers without a fixed date; if not – the Consumer may withdraw within 14 days of purchase]. Where the right of withdrawal applies, the Consumer may exercise it by sending a statement to fly@fubaraviation.com or to the correspondence address, e.g. using the model withdrawal form below. The Operator will refund all payments within 14 days of receiving the statement, using the same payment method as used by the Consumer, unless otherwise agreed.
4. If, at the Consumer's express request, performance of the service begins before the end of the withdrawal period, the Consumer who withdraws pays for services provided up to the moment of withdrawal. The right of withdrawal expires upon full performance of the service with the Consumer's express prior consent and acknowledgement of loss of this right.

Model withdrawal form (complete and return only if you wish to withdraw from the contract):

To: [TO BE COMPLETED: legal name and address], fly@fubaraviation.com
I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service: ……
Ordered on / received on: ……
Name of consumer(s): ……
Address of consumer(s): ……
Signature of consumer(s) (only if this form is notified on paper): ……
Date: ……

10. Complaints

1. Complaints regarding the services may be submitted by e-mail to fly@fubaraviation.com or in writing to the correspondence address.
2. A complaint should include: the Client's details, Booking/Voucher number, description of the problem and the Client's request.
3. The Operator will respond within 14 days of receipt. If the Operator fails to respond within this period in the case of a Consumer, the complaint is deemed accepted to the extent required by law. [TO BE COMPLETED: verify]
4. For services that do not conform to the contract, Consumers have the rights provided for in Chapter 5b of the Polish Consumer Rights Act.

11. Liability

1. The Operator is liable for non-performance or improper performance of the contract under generally applicable law, in particular aviation law [TO BE COMPLETED: verify applicable regime – e.g. Polish Aviation Law, Regulation (EC) No 785/2004 on insurance, Montreal Convention, if applicable].
2. The Passenger acknowledges that flights in historic jet aircraft involve inherent risks, of which they are informed before the Flight. [TO BE COMPLETED: lawyer to draft risk-acceptance wording]
3. The Operator is not liable for non-performance of a Flight resulting from force majeure, weather conditions, decisions of authorities or air traffic services, or from the Passenger's failure to meet the requirements or follow instructions.
4. In relations with non-Consumer Clients, the Operator's liability is limited to the amount paid for the service and excludes lost profits, to the extent permitted by law.
5. Nothing in these Terms excludes or limits liability for death or bodily injury caused intentionally or through negligence, or any liability that cannot be excluded or limited under mandatory law, in particular in relation to Consumers.
6. The Passenger is liable for damage caused to the aircraft or equipment through intentional fault or gross negligence, including failure to follow instructions. [TO BE COMPLETED: verify]

12. Out-of-court dispute resolution (ODR)

1. A Consumer may use out-of-court complaint and redress procedures, including assistance from the municipal/district consumer ombudsman (rzecznik konsumentów), the Voivodeship Inspectorates of Trade Inspection (Inspekcja Handlowa), or the European Consumer Centre.
2. Information is available at https://polubowne.uokik.gov.pl. The EU Online Dispute Resolution platform (ODR) was discontinued on 20 July 2025; for cross-border disputes, consumers may contact the European Consumer Centre Poland (https://konsument.gov.pl). [TO BE COMPLETED: verify current status]
3. Use of out-of-court procedures is voluntary. [TO BE COMPLETED: state whether the Operator agrees to participate in ADR]

13. Personal data

Personal data is processed in accordance with the Privacy & Cookie Policy [TO BE COMPLETED: correct URL].

14. Final provisions

1. These Terms are governed by Polish law [TO BE COMPLETED: confirm, particularly if the Operator is a foreign company]. Choice of law does not deprive Consumers of the protection afforded by mandatory provisions of the law of their country of habitual residence.
2. Disputes with non-Consumer Clients will be resolved by the court competent for [TO BE COMPLETED: competent court, e.g. the Operator's registered office]. Disputes with Consumers will be resolved by the court competent under general law.
3. The Operator may amend these Terms for important reasons (e.g. changes in law, regulatory requirements, scope of services). Amendments do not apply to Bookings confirmed and Vouchers purchased before the amendment comes into force, unless they are more favourable to the Client.
4. In case of discrepancies between language versions, [TO BE COMPLETED: specify prevailing version – e.g. the Polish version prevails].
5. These Terms enter into force on [TO BE COMPLETED: effective date].