Box 2 – Passfly+ membership (continuous supply for the whole membership, renewed monthly until cancellation) (Model required by Articles D. 211-3 and D. 211-4 of the French Consumer Code; the French version prevails.)

The consumer is entitled to implement the legal guarantee of conformity if a lack of conformity appears during the whole duration of the Passfly+ membership from the supply of the digital content or digital service. During this period, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails the obligation to supply all updates needed to keep the digital content or digital service in conformity during the whole duration of the Passfly+ membership.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following the request, free of charge and without major inconvenience.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract with a full refund against giving up the digital content or digital service, if:

1. The professional refuses to bring the digital content or digital service into conformity;

2. Bringing the digital content or digital service into conformity is unjustifiably delayed;

3. The digital content or digital service cannot be brought into conformity without costs imposed on the consumer;

4. Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;

5. The lack of conformity persists despite the professional’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to first request that the digital content or digital service be brought into conformity.

Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable while being brought back into conformity suspends the remaining guarantee period until the conforming digital content or digital service is supplied again.

These rights result from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who obstructs the implementation of the legal guarantee of conformity in bad faith faces a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund against giving up the digital content or digital service.

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