1 Terms and conditions of use
1.1. The website "d-flightS.p.A" (www.d-flight.it below, for brevity, the "Site"), is the website owned by d-flight S.p.A. ("“d-flight), with legal headquarters in Rome, Via Salaria 716, Tax Code and VAT Number. 14996981008, registered in the Register of Enterprises of Rome REA No. 1560988. The Site is the portal dedicated to RPAS operators (as defined hereinafter SAPR) for the provision of the Services (as defined below). It allows, among other things, the registration of operators of unmanned aerial systems (SAPR) in the Italian database and the assignment of a unique identification code for each of them (c.d. QR), under the Regulations of the National Civil Aviation Authority ("ENAC") "RemotePiloted Aircraft Vehicles" Ed. 3 of 11 November 2019 and S.m.i. ("ENAC Regulation"), available on the ENAC website at the link https://www.enac.gov.it/sicurezza-aerea/droni. More generally, this Site aims to provide users with information and services related to the recreational and professional use of unmanned aircraft, otherwise known as drones, within national airspace, in accordance with applicable legislation.
1.2. You acknowledge that your use of the Site and Services is subject to the acceptance of the terms and conditions established below (the "General Conditions")as well as any further applicable conditions or terms with reference to certain Services. These General Terms therefore govern the use of the Sito, the relationship between the user who registers on the d-flight and d-flight platform in relation to the use of the Site and the possible supply of the Servizi.
1.4. You acknowledge that your use of the Site is therefore subject to the acceptance of these General Terms, which can always be changed or updated by d-flight. The first version is identified with the numeric code 1.0.0. Each subsequent version will contain the number of the previous one and will contain the following formula: "Any version prior to this, produced in an equal or similar electronic form, is not valid and effective. Access to the Site and the use of the Services after the publication of any revisions will constitute consent to be constrained by such revisions. These General Terms of Contract may be amended under any specific contract terms that may be applied to a particular Service.
In these General Conditions, it is defined as:
“SAPR": unmanned aircraft system under the ENAC Regulations.
“operator”: the physical or legal person who is responsible for the operations.
“specialised operations ”: activities that involve performing a service with an UAS that may be critical.
“QR Code”: the printable digital code to be applied on the APR and its Ground Control Station for identification under the ENAC Regulations.
“Regulated Services”: services specifically attributed to d-flight under ENAC Regulations on the use of Unmanned Aircraft Systems (SAPR), commonly referredto as "drones". These include, inter alia:
• Registration as a SAPR operator for recreational or professional use
• Provision of the QR Code for operator identification and SAPR (for purely recreational purposes)
• Provision of the QR Code for operator identification and SAPR (for professional or promiscuous use) purposes
• Static identification by means of QR Code
• Consultation of limitations on the use of airspace established by ENAC
• Declaration for operations in standard scenarios
"Unregulated services": all services offered through d-flight that do not fall under the previous definition; These include, but are not binding:
• Authentication, login credential management
• Input of your SAPR vehicles
• Viewing your fleet's master data
• Publishing maps with different viewing modes
3.1. In order to be able to access the Servicesand application features offered on the d-flight site, a preliminary registration to the Site is required, which includes the express acceptance of these General Terms. Registering to D-flight is the prerequisite for access to the regulated and unregulated Services offered, as well as to any other service that will either progressively be offered on the site or through other digital channels made available by d-flight. Registration as a SAPR operator is the prerequisite for operating its own unmanned aerial vehicles, under the ENAC Regulations.
Obtaining the unique code (QR Code) is the prerequisite, under the ENAC Regulation, for the correct recognition of registration as an operator and electronic identification of its SAPR vehicle.
3.2. Ai fini della registrazione l’utente dovrà trasmettere alcuni dati e informazioni personali che verranno trattati nel pieno rispetto dell’applicabile normativa in materia tutela della privacy (Regolamento UE 2016/679 General Data Protection Regulation (GDPR) ed ogni altra applicabile disposizione di legge o regolamentare inerente la “Normativa Privacy”. Tali dati verranno trattati da d-flight secondo quanto riportato nell’apposita informativa , disponibile online sul sito d-flight al seguente link www.d-flight.it/portal/informativa-sul-trattamento-dati/. In particolare sarà necessario inserire il proprio nome, cognome, codice fiscale, città/paese di nascita e di residenza, indirizzo e-mail e/o di posta elettronica certificata. A perfezionamento della registrazione sul Sito verrà pertanto richiesto di
• Accept the clauses of the Present General Terms
3.3. if the user wishes to register as an UAS Operator, pursuant to the Presidential Decree 445/2000, must send to d-flight: the copy of the identity document, clearly legible and valid, with a legible signature which must be the same visible in the document and report the user registration code to d- flight. In case the operator is under the age of 18, he must also attach a signed scan of a valid Parent or Legal Guardian document. If the UAS Operator is a legal Personality, and is not its Legal representative, he must also attach the proxy of the Legal representative and the signed copy of his identity document, currently valid (delegating). If the UAS Operator is a government or public administration, and is not the Manager in charge of it, he must also attach the proxy of the Manager in charge and the signed copy of his identity document, currently valid (delegating). It is not possible to register on behalf of other people. We remind you that false declarations or statements made without the prior authorization by the legitimated subject can be prosecuted according to the provisions of art. 483 and 494 of the penal code. You are responsible for providing accurate and correct registration information and d-flight takes no responsibility for any errors, inaccuracies or omissions in that information or service resulting from any information provided by you. The customer, under his responsibility, must therefore ensure the correctness of the information provided regarding the matter, inter alia,to his or her identity and domicile, residence or location and certified e-mail address (PEC) declared and valid for all legal purposes.
3.4. For the expected fees in relation to the different registration assumptions, see the next Art. 5.
4.1 At this date, the d-flight platform available on the Site provides, for example, the following services, depending on the case regulated or unregulated (the“SERVICES”):
• Authentication, login credential management
• Registration as a SAPR operator for recreational or professional use
• Input of your SAPR vehicles
• Issuance of the unique code (QR Code) for operator identification and SAPR (for purely recreational purposes)
•Release unique code (QR Code) for operator identification and SAPR (for professional or promiscuous use) purposes
•Viewing the master data of yourfleet: this feature allows you to
•Static identification by QR-code
•Publishing maps with different viewing modes
•Consultation of limitations on the use of airspace established by ENAC
•Declaration for operations in standard scenarios
For more details and information about the Services provided through the d-flight platform, please refer tothedescriptions accessible from the home page of www.d-flight.it.
5 Charges and payment methods
5.1 Each requested service is paid for the payment of a given amount, the amounts and methods of payment are specified below.
5.2 The rates charged for each service are as follows:
• having regard to regulated services, fees are determined subject to approval by ENAC;
• having regard to unregulated services, prices are determined by d-flight, and can be updated from time to time, depending on market conditions
5.3 Registration to the d-flight site is free. It provides access to maps and related geo-information base services, including the consultation of the maps providing airspace restrictions established by ENAC and applicable to SAPR operations.
5.4 Registration to the site also allows the fulfillments of Art. 8. 1 of the ENAC Regulations:
– (APT operators) employed for professional use, regardless of weight, and operators and/or owners of MASS APTs of 250 g or more used for recreational activities are obliged to register on the D-Flight portal and to put the QR identification code on the APR in accordance with the provisions of Article 37;
– The UAS riders used for professional use, regardless of weight, and UAS riders with operative mass at take off including payload equal to or greater than 250 g used for recreational activities are required to obtain a certificate of competence in accordance with the requirements of article 20 below and the provisions referred to in Article 37.
5.5 Registration as an SAPR Operator for non-specialized operations (such as recreational activities) is free.
5.6 Registration as SAPR Operator for specialized operations provides for a fee of € 19.67 + VAT per year.
5.7 The release of the QR Code for the identification of the operator and the SAPR used for non-specialized operations only, or, in the context of specialized operations, for intrinsically harmless SAPR (pursuant to ENAC Ed. 3, art.12 paragraph 5 ) or with certification of harmlessness (pursuant to ENAC Ed. 3, art 12. paragraph 1) or MTOW less than 250gr, provides for a fee of € 4.92 + VAT for each SAPR you intend to operate (QR CODE BASE).
5.8 The release of the QR Code for the identification of the operator and the SAPR, used in the context of specialized operations, critical or non-critical, of MTOW greater than or equal to 250gr or that does not fall into the categories of harmlessness identified by art. 12 paragraph 1 and paragraph 5 of the ENAC Regulation Ed. 3, provides a fee of € 78.68 + VAT for each SAPR that is to be operated (QR CODE PRO).
5.9 The annual fees for registrations as SAPR Operator, when applicable, are paid in a single solution at the activation of the registration as SAPR Operator. After the annual validity period expires (that is, 365 days since the activation date), in order to keep the registration as SAPR Operator valid, the user will be able to renew the payment for the following year. D-flight will report 30 (thirty) days in advance as the deadline approaches.
5.10 In order to comply with the payment of the fees of the requested services, the user will be able to purchase credits in the form of "d-coins" on the d-flight portal. Each d-coin has a nominal value of 1€ VAT included, and does not expire within the validity limits of this agreement. The credit purchased is not available to another user. D-coins can only be used under the d-flight platform for the payment of the necessary fees, where provided.
6 Intellectual rights
6.1 Every right to the content (for example text, images, multimedia materials and architecture) of the Site is reserved under the current regulations.
6.2 The contents of the pages of the Site can not, either entirely or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way without the prior written consent of the d-flight company, except the possibility to keep them in memory on your computer or to print excerpts of the pages of this Site only for personal use. "d-flight" is a registered trademark owned by ENAV S.p.A. The trademarks and logos that appear on this site are trademarks (the "Brands"). The website, graphics, texts are subject to Copyright by the owner of the brand (all rights reserved).
6.3 Trademarks, copyrighted statements, images and any other form of communication are prohibited unless d-flight is authorized.
6.4 The name "d-flight" cannot be used as the internet address of other sites, or as part of those addresses.
6.5 This name cannot even be contained within the html codes (or different compilation languages) of the various pages of other sites: in fact, their use within the so-called meta-tags by third parties is prohibited.
6.6 Any form of link to this Site, if entered by third parties, must be expressly authorised by d-flight
6.7 Cd is prohibited deep linking i.e. the use, on third-party sites, of parts of the Site or, in any case, the direct link to the pages without going through the home page of the Site.
6.8 d-flight does not take any responsibility for services offered by third parties with which the Site has activated a link link, and for any other content, information or anything contrary to the laws of the Italian state present in the resource of the third party linked to the link attachment.
6.9 Any non-compliance with these provisions, subject to explicit written permission, will be pursued by legal norms in the relevant judicial offices.
6.10 The texts, information, other data published or accessible by form on this site are for informational purposes only and are not official, unless otherwise arranged under the current legislation.
6.11 Within the limits above, d-flight assumes no responsibility for the different use of data and information found on this site.
7 Data usage and information limits - license
7.1 temporarily download a copy of the materials (information or software) from the Services only for personal transient viewing and not for commercial use. The granting of the license of use in the terms described here does not constitute a transfer of title to the Site, the Services or the content and information present on the Site (the "Contents"). Under this license, the following is not allowed:
• edit or copy content;
• use Content for commercial purposes or for public (commercial or non-commercial) exhibitions;
• attempt to decompile or decode the software contained in the Services;This license and the right to access the Services will automatically cease in the event ofa violation of any of these General Terms.
8 Responsibilities of the SAPR user and operator
8.1 You are responsible for providing accurate and correct registration information and d-flight takes no responsibility for any errors, inaccuracies or omissions in that information or service resulting from any information provided by the user
8.2 Before using a SAPR it is important to inquire and understand the current and applicable legislation, including for local and/or regional restrictions, regardless of flight intent, recreational or professional.
8.3 It is the operator's responsibility:
- Ensure that the flight is in full safety, in accordance with existing regulations and the constraints and restrictions of the airspace in place of use;
- observe the context in which you intend to fly and the exact knowledge of weather and geomagnetic conditions;
- ensure that the use of SAPR is not a danger to yourself and others;
- ensure that the rules on insurance for the vehicle are complied with;
- ensure that the staff employed in the transaction have the qualifications and requirements of the applicable regulations.
8.4 d-flight provides the operator with links to useful regulatory references such as issued regulations, and provides guides and FREQUENTLY asked questions (FAQs) to better understand existing regulations and use the services offered correctly. For more information, please refer to the pages accessible from the home page of the web sitewww.d-flight.it.
NOTE THAT D-FLIGHT DOES NOT ASSUME ANY LIABILITY IN CONNECTION WITH AN EVENTUAL NON-COMPLIANCE BY THE OPERATORS OF THE APPLICABLE LAWS AND TO POSSIBLE IMPROVED USES OF THE SAPR, AS IN RELATION TO ANY DAMAGE THAT ANY OPERATOR MAY BE WITH REGARDS TO EVENTS OR CIRCUMSTANCES TO THE OUTSIDE THE SAME D-FLIGHT CONTROL.
9 Changes to services
9.1 The party acknowledges and accepts that d-flight may be required to change the extent of the Services due to changes in the law or decisions by the relevant government authorities. If these changes apply in a way that could affect or compromise paid Services, d-flight assumes no responsibility and is not obligated to make any full or partial refund of any payment you make for paid services.
10 Withdrawal from services – profile cancellation
10.2 d-flight may unquestionably proceed to the cancellation of users following an established and manifest violation of the Terms and Conditions hereby represented.
11 Force Major
11.1 Major Force event: refers to any event, which cannot be controlled by a Party, which is designed to prevent or significantly limit the provision of the Services, such as but not exhaustive: strikes; wars; coups; embarghi; vandalism and terrorist acts; epidemics; pandemics; floods or floods; earthquakes; other natural disasters; explosions; fires; blackouts of telephone lines or the internet, power lines or communication systems, as long as they are not specific to the Party, but on a largescale.
11.2 In the event of defaults or delayed compliance with the obligations of the Agreement dependent on the recurrence of a Force Major Event, the fulfillment of those obligations will be suspended for as long as the Major Force Event lasts.
11.3 The Party That Invokes the Major Force Event:
a) will promptly notify the other Party, as soon as possible, of the occurrence of the Major Force Event, specifying the date on which the event began, also providing all known information and an estimate of the possible impacts and the duration of the same;
b) will make every reasonable effort to reduce the effects of the Major Force Event by reserving the right to have the bonds affected by the event run to third parties;
c) will promptly and in writing announce the termination of the Force Major Event, thus resuming the fulfillment of its obligations.
11.4 No Party may be deemed to be in default of its obligations under the Agreement if the default or delayed compliance is due to a Force Major Event communicated to the other Party under the terms of this Article. It is also understood that the deadline spree for the execution of the bonds affected by the Force Major Event will be extended for a period of no less than the duration of that event.
11.5 With the above in mind, d-flight will implement all actions that can reasonably be taken in order to limit or neutralize, as possible, the effects of a Major Force Event.
12 Applicable law and disputes
12.1 These General Terms and Conditions, any special conditions of certain services, the rights and obligations arising from the relationship between the user and d-flight will be governed by Italian law.
12.2 Any action or dispute arising from or in connection with these General Terms, any special conditions of certain services, the rights and obligations arising from the relationship between you and d-flight, will be devolved to the sole jurisdiction of the Court of Rome.
Ed. 1.0.0 del 18/12/2019