GENERAL TERMS AND CONDITIONS OF SALE
Version 2.0 — In force as of 1 September 2026
Preamble — Identification of the contracting carrier and of the operator
Helishift is a trade name operated by the company Priv'Air. Helishift is not a legal entity distinct from Priv'Air and is not an aircraft operator. No statement, commercial document, communication material or exchange relating to Helishift may be construed as conferring on Priv'Air the status of operator of the flights concerned.
The flights marketed under the Helishift brand are performed exclusively by the company France Copter, holder of air operator certificate No. FR.AOC.0036 and of a duly valid operating licence, sole holder of the applicable operations manual and solely responsible for the technical and operational conduct of the flights.
Consequently, and in accordance with Chapter V of the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999, Priv'Air acts as contracting carrier: it markets the Flight in its own name to the Client, collects the price and invoices the service; France Copter acts as actual carrier: it physically performs the flight under its own certificate, with its aircraft, its crews and under the authority of its pilot-in-command.
The Client acknowledges having been informed of this allocation of roles in a clear and unequivocal manner prior to the conclusion of the Contract.
Article 1 — Definitions
For the purposes hereof, capitalised terms have the following meaning.
Priv'Air: the company Priv'Air, a limited liability company with a share capital of 50,000 euros, whose registered office is located at Aéroport Annecy Mont-Blanc - Hangar FL250 - 8, route de Côte Merle - 74370 Épagny Metz-Tessy, France, registered with the Annecy trade and companies register under number 498 533 546, intra-Community VAT number FR 39 498 533 546, represented by its manager, Mr Clément Pellistrandi — hereinafter "Priv'Air" or the "Contracting Carrier".
Helishift: the trade name under which Priv'Air markets the helicopter charter activity governed hereby, together with the website and the booking application operated under that brand.
France Copter: the company France Copter, a limited liability company with a share capital of 3,811.22 euros, whose registered office is located c/o AB Consultant, aérodrome de Cerny, 91590 La Ferté-Alais, France, registered with the Évry trade and companies register under number 422 773 879, intra-Community VAT number FR 89 422 773 879, holder of air operator certificate No. FR.AOC.0036 — hereinafter the "Operator" or the "Actual Carrier".
Client or Charterer: the natural or legal person who enters into the Contract with Priv'Air, whether or not that person travels on board.
Passengers: the persons carried on board the Aircraft under the Contract, as designated by the Client.
Referrer: any intermediary, in particular a concierge service, villa agency, hotel, port agent, broker or travel agency, making a booking on behalf of a Client.
Aircraft: the helicopter made available, of the AS350 B2 type, or any other aircraft of equivalent capacity.
Booking: the order placed by the Client by means of the Helishift online booking interface, under the conditions set out in Article 3.
Contract: the contractual set consisting of the confirmed Booking and of these general terms and conditions of sale.
Flight: the air movement forming the subject of the Contract, from the agreed departure aerodrome to the agreed arrival aerodrome.
Article 2 — Purpose and nature of the service
2.1 Charter of the entire aircraft. These general terms and conditions govern the sale of on-demand public air transport services for passengers, by charter of the aircraft in its entirety.
2.2 Exclusion of seat-only sales. Priv'Air does not market any individual ticket, any individual seat and any scheduled or seasonal service under the Helishift brand. The Client charters the entire capacity of the Aircraft for a given movement and freely designates the Passengers, within the limits of the capacity offered and of the mass and balance limitations.
2.3 Characteristics of the operation. The Client acknowledges being informed, prior to the conclusion of the Contract, that the Flights are operated by single-engine helicopter, under visual flight rules and by day only, that they involve stretches of overwater flight on most of the routes served, and that they are performed at aerodromes and heliports whose access, opening and weather conditions are liable to restrict the performance of the Flight.
2.4 Enhanced best-efforts obligation. Priv'Air undertakes to deploy all the means necessary for the performance of the Flight. Safety prevails in all circumstances over punctuality and over the performance of the Flight.
2.5 Enforceability. These general terms and conditions are enforceable against the Client and against all Passengers. The Client warrants compliance herewith by each of the Passengers it designates. No purchase condition, no general terms and conditions of the Client and no contrary stipulation is enforceable against Priv'Air without its express written acceptance.
2.6 Booking through a Referrer. Where the Booking is made by a Referrer, the latter is deemed to act as the Client's agent. The Referrer warrants to Priv'Air that it has the power to bind the Client and that it has communicated these general terms and conditions to the Client before validation of the Booking.
Article 3 — Booking and formation of the contract
3.1 Online booking. The Booking is made entirely online, by means of the Helishift website or application. The Client selects the route, the date, the desired time and the number of Passengers, and provides only the information necessary to process their Booking request. The additional Passenger information referred to in Article 6.1 is provided no later than within the time limit set out therein. No booking is taken by telephone, by email or through any other channel, save under a specific written agreement of Priv'Air.
3.2 Displayed price. The price displayed during the booking journey corresponds to the configuration selected by the Client and includes all the items referred to in Article 4.1. That price is guaranteed only until payment is validated; an interrupted, abandoned or unpaid Booking confers no right to the maintenance of the price previously displayed.
3.3 Formation of the Contract. The Booking request is transmitted to Priv'Air once the Client has validated the elements of their order, expressly accepted these general terms and conditions by means of a dedicated checkbox and made payment or a payment authorisation under the conditions set out in Article 5. The Contract is definitively formed, and the Aircraft booked, only upon Priv'Air sending a Booking confirmation, after verification of the availability of the Aircraft and of the crew by the Operator. Until that confirmation is sent, the Client's request does not constitute a firm booking.
3.4 Unavailability of the Operator. If the Operator does not confirm the availability of the Aircraft or of the crew, Priv'Air informs the Client without delay. Any sum already collected is then refunded in full as soon as possible and, at the latest, within the time limits imposed by the applicable regulations, without any other compensation save mandatory provisions to the contrary.
3.5 Accuracy of information. The Client is responsible for the accuracy of the information entered when making the Booking. Priv'Air may not be held liable for the consequences of an input error attributable to the Client, in particular an error as to the date, the aerodrome or the contact details.
3.6 No right of withdrawal. In accordance with Article L. 221-2, 3° of the French Consumer Code, contracts relating to passenger transport services are excluded from the scope of the provisions governing distance and off-premises contracts. The Client therefore has no right of withdrawal, including where the Contract is concluded through the Helishift website or application.
Article 4 — Price
4.1 Composition. Unless otherwise stated during the booking journey, the price includes the flight hour, fuel, crew, insurance, the airport charges and air taxes in force at the date of the Booking, as well as standard handling on departure and on arrival.
4.2 Services not included. The following are in particular not included: parking beyond the scheduled duration, hangarage, positioning or repositioning costs made necessary by the unavailability of a parking stand, specific catering services, exceptional ground handling costs, taxes or charges introduced or revised after the invoice has been issued, customs and immigration fees, surcharges arising from an overrun of the availability time, and surface transport costs.
4.3 Tax regime. Prices are expressed in euros. The tax treatment and the taxes applicable depend in particular on the route, the territories concerned and the regulations in force. The price presented to the Client before validation of the Booking takes account of the tax regime then applicable. The regime actually applicable remains the one in force on the date of invoicing, subject to the applicable mandatory provisions.
4.4 Additional services. Any additional service ordered by the Client and advanced by Priv'Air is re-invoiced at the supplier's rate, increased by a handling fee calculated as follows:
- up to 400 euros per invoice: 10%;
- above 400 euros per invoice: 5%, with a minimum of 40 euros;
- above 1,800 euros per invoice: 3%, with a minimum of 90 euros.
4.5 Firmness of the price. The price is firm once the Booking is confirmed, subject to Articles 4.2, 6.4 and 6.5.
Article 5 — Payment
5.1 Due date. Save under a specific written agreement, the price is payable in full and in advance, at the time of the Booking and prior to the performance of the Flight.
5.2 Means of payment. Payment is made exclusively by bank card, using the secure payment solution integrated into the Helishift interface.
5.3 Late payment. Any sum unpaid when due bears interest at three (3) times the statutory interest rate, in addition to the flat-rate recovery indemnity of 40 euros provided for in Article L. 441-10 of the French Commercial Code where the Client is a business.
Article 6 — Obligations of the Client and of the Passengers
6.1 Passenger information. The Client provides Priv'Air, no later than twenty-four (24) hours before departure, with the full identity of each Passenger, their date of birth, their nationality, the references of their travel document, as well as their actual weight and that of their baggage.
6.2 Mass and balance. The Client acknowledges that the declared weight constitutes a decisive safety datum. The Operator reserves the right to have Passengers and baggage weighed before boarding. In the event of a discrepancy with the declared data, the Operator may refuse all or part of the load, impose a different seating arrangement, require an additional rotation invoiced in addition, or refuse the Flight. Where the impossibility of performing the Flight results from inaccurate or incomplete information attributable to the Client or to the Passengers, no refund and no compensation is due, subject to the applicable mandatory provisions.
6.3 Travel documents. The Client is solely responsible for each Passenger holding the passports, visas, entry and exit authorisations, health certificates and customs formalities required by the territories served. Priv'Air carries out no steps to obtain documents or visas and performs no validity check. Refusal of boarding or of entry into a territory resulting from a documentary shortcoming is treated as a no-show within the meaning of Article 8.4.
6.4 Punctuality. Passengers report to the meeting point at the time indicated by Priv'Air, in principle thirty (30) minutes before the scheduled departure time.
6.5 Waiting time and repositioning. If departure is delayed on account of the Client, the Passengers, their baggage or their documents, the following surcharges are invoiced, in addition to the actual handling and parking costs incurred:
- from 0 to 15 minutes: no charge;
- from 16 to 30 minutes: 200 euros;
- from 31 to 60 minutes: 400 euros;
- beyond 60 minutes: 500 euros per hour commenced.
Where applicable, the costs of repositioning the Aircraft are added. Where the delay leads the Operator to interpose another rotation or to move the Aircraft while waiting for the Passengers, the Client bears the cost of the outbound and return ferry flights thus made necessary, invoiced at the hourly cost of the Aircraft, together with the corresponding charges, fuel and ground handling costs.
If the delay jeopardises the performance of the Aircraft's flight programme, the Flight may be cancelled and Article 8.4 will apply.
6.6 Security and conduct on board. The Client and the Passengers comply with the instructions of the crew and of the authorities. Dangerous goods within the meaning of the ICAO Technical Instructions and of IATA regulations, weapons and illicit substances are prohibited on board. Boarding may be refused to any person whose condition or conduct presents a risk to the safety of the Flight, without refund or compensation where that refusal is attributable to the Passenger concerned, subject to the applicable mandatory provisions.
6.7 International restrictive measures. Priv'Air and the Operator are required to carry out the checks demanded by the restrictive measures adopted by the European Union and by the competent authorities. Priv'Air reserves the right to refuse, suspend or cancel any Booking or any Flight whose performance would be liable to contravene those measures. No compensation is due merely on account of such a refusal, suspension or cancellation, subject to the applicable mandatory provisions and, where relevant, to the refund of the sums corresponding to the service not performed where no legal prohibition prevents it.
Article 7 — Baggage, animals and special passengers
7.1 Baggage. The carrying capacity of a helicopter is strictly limited. Save prior agreement, the allowance is set at one (1) soft bag of fifteen (15) kilograms maximum and one (1) item of hand baggage per Passenger. Large rigid bags, sports equipment, boards and bulky instruments must be accepted in advance and may require an additional rotation invoiced in addition.
7.2 Valuables. Cash, jewellery, electronic devices, negotiable documents and fragile items must be kept by the Passengers. Liability in respect of such items is limited under the conditions set out in Article 11.
7.3 Animals. The carriage of an animal must be declared and accepted in writing before confirmation. The animal travels in an approved transport crate, under the responsibility of its owner and with the required health documents. The maximum weight accepted is ten (10) kilograms, crate included, save express agreement. Any damage to or soiling of the Aircraft is invoiced to the Client.
7.4 Minors. Minors travel accompanied by a responsible adult. Unaccompanied minors are not accepted.
7.5 Reduced mobility and state of health. Any mobility limitation, any assistance required, any advanced pregnancy and any medical condition liable to affect fitness to fly must be reported before confirmation, so that the Operator can determine the conditions of acceptance. Only the information strictly necessary to that assessment should be provided. Failing the declaration of information decisive for the safety or the acceptance of the carriage, boarding may be refused without refund where that refusal is attributable to the Passenger, subject to the applicable mandatory provisions.
Article 8 — Cancellation and modification by the Client
8.1 Cancellation scale. Any cancellation by the Client must be notified in writing or made through the Helishift interface. The following charges, calculated on the total price of the Contract, are due depending on the time between the notification and the scheduled departure time:
- cancellation notified more than seventy-two (72) hours before departure: 0% of the price (full refund);
- cancellation notified between seventy-two (72) hours and twenty-four (24) hours before departure: 50% of the price;
- cancellation notified less than twenty-four (24) hours before departure, and up to the departure time: 100% of the price;
- no-show: 100% of the price.
8.2 Non-recoverable costs. Expenses already incurred and non-recoverable from third parties, in particular charges, ground handling and special services ordered, are added to the above charges.
8.3 Modification. Any modification request is handled subject to availability. An accepted modification which does not affect the operating programme of the Aircraft is made free of charge; otherwise, or where it generates an additional cost, that cost is invoiced. A substantial modification requested less than forty-eight (48) hours before departure may be treated as a cancellation followed by a new Booking.
8.4 No-show. A no-show consists in the absence of the Passengers at the meeting point more than thirty (30) minutes after the agreed time without instruction from the Client, as well as in the impossibility of boarding resulting from Articles 6.2, 6.3, 6.6 or 7.5.
Article 9 — Performance, modification and cancellation by the carrier
9.1 Authority of the pilot-in-command. The pilot-in-command, designated by the Operator, has sole authority over the Aircraft. He or she decides at his or her sole discretion on the advisability of departure, the route followed, the load and its distribution, the acceptance of Passengers and baggage, any diversion, interruption or cancellation of the Flight. Such decisions, taken on safety grounds, cannot give rise to any compensation.
9.2 Weather conditions. As the Flights are operated under visual flight rules and by day, cancellation or postponement on account of adverse weather conditions, insufficient visibility, a low ceiling or wind outside limitations constitutes a safety decision and not a breach of contract.
9.3 Options offered to the Client. Where Priv'Air or the Operator cancels a confirmed Flight, or substantially modifies it, Priv'Air offers the Client, at the latter's choice, re-routing at the earliest opportunity subject to the actual availability of aircraft and crews, postponement of the Flight to a later agreed date without modification fees, or a full refund of the sums paid in respect of the Flight not performed within fourteen (14) days.
9.4 Limit of the undertaking. Exercising one of these options extinguishes any claim by the Client in respect of the cancellation, subject to the mandatory rights referred to in Articles 11 and 12. No compensation for ancillary costs, indirect damage, loss of business, accommodation, catering or substitute transport costs is due, beyond what would result from the applicable mandatory provisions.
9.5 Partial performance and diversion. If the Flight is interrupted or diverted for technical, operational, weather, safety or force majeure reasons, the price remains due pro rata to the service actually performed, subject to any mandatory rights that may apply. In the event of a landing at an alternate aerodrome other than the contractual destination, Priv'Air and the Operator use their best efforts to offer the Client, depending on the circumstances and the means reasonably available, a solution allowing the continuation of the journey. Save mandatory provisions to the contrary or an express undertaking of Priv'Air, land or sea transport, accommodation or other costs consequential to the diversion are not automatically covered.
9.6 Aircraft substitution. Priv'Air may substitute an aircraft of equivalent capacity and standard. If no solution is acceptable to the Client, Article 9.3 applies.
Article 10 — Connections and commitments towards third parties
10.1 Autonomy of the contract of carriage. The Flight forming the subject of the Contract constitutes a contract of carriage that is autonomous and independent of any other contract of carriage, accommodation, cruise, rental or activity entered into by the Client or the Passengers with a third party. There is between those contracts no connection, no single contract of carriage within the meaning of Article 1 of the Montreal Convention, and no through-carriage, interline or code-share agreement.
10.2 No guarantee of connection. The times communicated are provisional and do not constitute an essential element of the Contract. Priv'Air and the Operator in no way guarantee that an air, sea or land connection will be met, nor arrival at a given time.
10.3 Exclusion of liability. Consequently, neither Priv'Air nor the Operator may be held liable for the consequences of a missed connection, of whatever nature: lost ticket, re-routing, additional night's accommodation, missed cruise or yacht departure, ground service not used, or any other consequential damage. Those consequences fall exclusively within the contract entered into by the Client with the third party concerned.
10.4 Safety margin. It is for the Client to allow a sufficient buffer between the scheduled arrival time and any subsequent commitment. A minimum margin of three (3) hours is recommended before check-in for an international commercial flight, and of two (2) hours before any other firm time commitment. Priv'Air expressly draws the Client's attention to this point before confirmation.
10.5 Insurance. The Client and the Passengers are strongly advised to take out travel insurance covering cancellation, delay and missed connections. Priv'Air in no way substitutes for such cover.
Article 11 — Liability
11.1 Applicable regime. Liability in the event of death or bodily injury of Passengers, as well as in the event of destruction, loss, damage or delay of baggage, is governed by the Montreal Convention of 28 May 1999, by Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 and, for domestic carriage, by Articles L. 6421-3 et seq. of the French Transport Code.
11.2 Contracting carrier and actual carrier. In accordance with Articles 39 to 48 of the Montreal Convention, Priv'Air, as contracting carrier, and France Copter, as actual carrier, are subject to the rules of the Convention, each for the part of the carriage that concerns it. The Client or the person entitled may, at its choice, bring an action against either or against both jointly. The acts and omissions of the Operator and of its servants in the performance of the carriage are deemed to be those of the Contracting Carrier, and vice versa, within the limits set by the Convention.
11.3 Limits of liability. The applicable limits are those set by the Montreal Convention and periodically revised by the International Civil Aviation Organization. As at the date of this version, they are as follows:
- death or bodily injury: strict liability up to 151,880 special drawing rights per Passenger, the carrier being able, beyond that amount, to exonerate itself by proving the absence of fault;
- delay of Passengers: 6,303 special drawing rights per Passenger;
- baggage: 1,519 special drawing rights per Passenger, save a special declaration of interest in delivery made before boarding and giving rise to a supplement.
11.4 Advance payment. In the event of death or bodily injury, an advance intended to cover immediate economic needs is paid within fifteen (15) days to the natural person entitled to compensation, in a minimum amount of 16,000 special drawing rights in the event of death, in accordance with Regulation (EC) No 889/2002.
11.5 Exclusions. Subject to the mandatory provisions referred to above, Priv'Air may not be held liable for indirect or immaterial damage, in particular loss of business, loss of profit, loss of opportunity, commercial or reputational harm, substitution costs, as well as the consequences referred to in Article 10.3.
11.6 Residual contractual cap. For any damage not governed by the instruments referred to in Article 11.1, Priv'Air's liability is limited to the total amount of the price actually paid under the Contract concerned.
11.7 Claims and limitation period. Any claim relating to baggage must be made in writing within seven (7) days in the event of damage and within twenty-one (21) days in the event of delay, from the date the baggage was made available. Any liability action is time-barred within the two (2) year period provided for in Article 35 of the Montreal Convention.
Article 12 — Passenger rights under Regulation (EC) No 261/2004
12.1 Principle of application. Regulation (EC) No 261/2004 applies to Flights falling within its territorial and material scope, in particular, subject to the conditions laid down by that regulation, to departures from an airport located in the territory of a State to which the Treaty applies and, in certain cases, to Flights to such a territory where they are operated by a Community carrier.
12.2 Routes served by Helishift. Saint-Martin (French side) forms part of the territory of the European Union for the application of the Treaties as an outermost region, whereas Saint-Barthélemy and Sint Maarten do not. Consequently, the applicability of Regulation (EC) No 261/2004 must be assessed for each Flight on the basis in particular of its departure airport, its arrival airport, the status of the actual carrier and the other conditions laid down by the regulation. Nothing herein may deprive a Passenger of the mandatory rights which that regulation would grant them.
12.3 Content of the rights. Where Regulation (EC) No 261/2004 applies, the Passenger benefits, depending on the circumstances, from the rights to reimbursement or re-routing, to care and, where the conditions are met, to the fixed compensation provided for by that regulation. Extraordinary circumstances, in particular certain weather conditions incompatible with the performance of the Flight, may exempt the carrier from the obligation to pay fixed compensation without necessarily excluding the other rights provided for by the regulation.
12.4 National enforcement body. The authority responsible for enforcing the Regulation in France is the Directorate General for Civil Aviation, passenger rights unit.
Article 13 — Force majeure
The following are in particular regarded as cases of force majeure or circumstances beyond the control of the parties: severe weather phenomena, cyclones and cyclone alerts, volcanic eruptions and ash clouds, natural disasters, closures of airspace or of an aerodrome, decisions of the civil or military authorities, strikes by air traffic control or airport services, health restrictions, acts of terrorism, public order disturbances, cyberattacks and fuel supply disruptions.
The occurrence of such an event suspends the obligations affected. If the impediment is permanent, the Contract is terminated and the Client is refunded the sums paid in respect of the service not performed, to the exclusion of any compensation.
Article 14 — Claims and mediation
14.1 Prior claim. Any claim must be sent in writing to Priv'Air — Helishift, Aéroport Annecy Mont-Blanc - Hangar FL250 - 8, route de Côte Merle - 74370 Épagny Metz-Tessy, France, or by email to reclamation@helishift.com. To allow efficient handling, it is recommended that it be sent within thirty (30) days following the Flight concerned. That period is neither intended nor liable to reduce the claim or limitation periods provided for by the applicable mandatory provisions, in particular those referred to in Article 11.7. Priv'Air undertakes to reply within thirty (30) days of receipt of the claim.
14.2 Consumer mediation. In accordance with Article L. 612-1 of the French Consumer Code, a consumer Client who has not obtained satisfaction through a prior written claim may refer the matter free of charge to the consumer ombudsman designated by Priv'Air, namely the Centre de la médiation de la consommation de conciliateurs de justice (CM2C), an association referenced by the Commission d'évaluation et de contrôle de la médiation de la consommation, whose contact details are as follows: CM2C, 49 rue de Ponthieu, 75008 Paris, France, email cm2c@cm2c.net, online referral at https://www.cm2c.net.
14.3 European online dispute resolution platform — provision deleted in Version 2.0, the European online dispute resolution platform having ceased to exist as of 20 July 2025.
14.4 Business clients. The provisions of this article relating to consumer mediation apply neither to Clients acting in a professional capacity nor to Referrers.
Article 15 — Personal data
15.1 Data controller. The data controller is the company Priv'Air, Aéroport Annecy Mont-Blanc - Hangar FL250 - 8, route de Côte Merle - 74370 Épagny Metz-Tessy, France, reachable at privacy@helishift.com.
15.2 Purposes, legal bases and minimisation. Data relating to Clients and Passengers are processed to the extent strictly necessary for the management of Bookings and the performance of the contract of carriage, for compliance with legal obligations relating to security, customs, immigration and aviation safety, in particular the preparation of the mass and balance sheet and of the passenger manifest, as well as for the management of the commercial relationship and invoicing. Depending on their purpose, the processing operations are based on the performance of the Contract, compliance with a legal obligation or another legal basis provided for by Article 6 of the General Data Protection Regulation. Where a datum falling within a special category within the meaning of Article 9 of the GDPR, in particular health data, is exceptionally necessary to assess the conditions of carriage or safety, it is processed only to the extent strictly necessary and on the basis of an exception provided for by that article.
15.3 Recipients. Data are communicated to France Copter in its capacity as Operator, to its crews, to ground handling providers, to the payment services provider, as well as to customs, border police and civil aviation authorities where the regulations so require. No data is transferred to third parties for commercial purposes.
15.4 Retention. Data are retained for the time necessary for the purposes for which they were collected, then, where required or justified, archived for the periods imposed by legal, accounting, tax or aviation obligations or by the applicable limitation periods. The detailed retention periods are set out in the Helishift Privacy Policy.
15.5 Rights of data subjects and Privacy Policy. Subject to the conditions provided for by the applicable regulations, data subjects have in particular rights of access, rectification, erasure, restriction, objection and portability, exercisable at the address indicated in Article 15.1. A complaint may be lodged with the Commission nationale de l'informatique et des libertés. Detailed information on the data collected, their purposes, recipients, retention periods and the arrangements for exercising rights is set out in the Helishift Privacy Policy, accessible separately on the website and in the application.
Article 16 — General provisions
16.1 Assignment. The rights and obligations arising from the Contract may not be assigned by the Client without the prior written consent of Priv'Air.
16.2 Recourse to third parties. Priv'Air is expressly authorised to have recourse to the Operator and, should the latter be unavailable, to any other operator holding the required certificates, subject to informing the Client. These general terms and conditions remain applicable.
16.3 Entire agreement. These general terms and conditions and the confirmed Booking constitute the entire agreement of the parties. No amendment is valid unless recorded in writing.
16.4 Severability. The nullity of one stipulation does not affect the validity of the others, which remain in force. The void stipulation is replaced by a valid stipulation whose economic effect is as close as possible.
16.5 No waiver. The fact that Priv'Air does not rely on a stipulation does not amount to a waiver of the right to rely on it subsequently.
16.6 Language. These general terms and conditions are drafted in the French language. Any translation is provided for information purposes only; in the event of a discrepancy, the French version prevails.
16.7 Intellectual property. The Helishift brand, its logos, distinctive signs and the associated commercial content are protected by the intellectual property rights of their respective holders. Priv'Air uses them within the scope of the rights granted to it. No intellectual property right is transferred to the Client by reason of access to the website or the application or of the conclusion of the Contract.
Article 17 — Governing law and jurisdiction
17.1 Governing law. The Contract and these general terms and conditions are subject to French law, without prejudice to the application of the international conventions and European Union regulations referred to in Articles 11 and 12.
17.2 Business clients. Any dispute falls within the exclusive jurisdiction of the Commercial Court of Annecy, including where there are several defendants, in third-party proceedings or in urgent proceedings.
17.3 Consumer clients. The statutory rules of jurisdiction remain applicable. Consumers may bring proceedings, at their choice, before the court of the place where they were domiciled when the contract was concluded or where the harmful event occurred, or before one of the courts having territorial jurisdiction under the Code of Civil Procedure.
17.4 Carrier liability actions. Actions falling under the Montreal Convention are brought before one of the courts designated by Article 33 thereof.