Terms and Conditions

 

Last Updated: January 16th, 2023

Our services are provided for your personal, consumer use only unless otherwise specified. The weather guarantees are not intended for commercial or business use and such use is expressly prohibited.

1. The Weather Service

  • ‍Bluveyl is a climate technology company and service provider. The weather service is intended to help you better plan for your trip and minimize the potential negative weather impacts on your experience. The weather service is not an insurance policy or financial derivative product.
  • Bluveyl operates its proprietary climate data engine to formulate a unique understanding of the weather at a specific time and location. On each day of your experience, and subject to the terms herein, Bluveyl will provide you a warranty payment if the weather event(s) specified in your contract has/have occured during the hour(s) and in excess of the amount(s) specified in your order.

2. Conditions to the Service

  • You must be 18 years or older.
  • You are resident of Switzerland, the United Kingdom or a country part of the European Union.
  • You are legally capable of entering into binding contracts.
  • All information you provide to Bluveyl is truthful and accurate.
  • Your use of the service does not violate any applicable law or regulation.

3. Warranty Payment Process

  • As mentioned above, Bluveyl monitors the weather and will contact you automatically if you are eligible for a warranty payment pursuant to the service.
  • Eligibility for warranty payments is determined by weather measures published by public data sources such as NOAA and ECMWF. If you are not contacted and believe you are eligible for a warranty payment, please contact Bluveyl by email at support@bluveyl.com.
  • If you are eligible for a warranty payment, Bluveyl will ask you to sign up as a registered user of the weather service. To sign up as a member you must create an account by submitting your email address to us and creating a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to any device used to access your account, and for any activity taking place on or through your account.
  • Once you create an account, you will be asked to select one of the payment methods accepted by Bluveyl . Payment processing of your eligible warranty payment will be performed by one of Bluveyl’s third-party warranty payment processors. As a condition of using the warranty payment processor’s payment processing, you must provide accurate and complete information in connection with such payment processing, and you authorize Bluveyl to share this information with the processor and to use your warranty payment method for all amounts that may become owed to you pursuant to the weather guarantee.
  • Eligible warranty payments will be made through the warranty payment method you select in the amount specified at the time of purchase. All warranty payments will be made in the currency you used to book your experience.
  • The timing of your actual receipt of an eligible warranty payment will vary between 1 and 5 working days based on the warranty payment method you select.  Warranty payments must be collected by you within 360 days of the first notification. Bluveyl will periodically remind you of any eligible outstanding warranty payments that you have not collected. Warranty payment eligibility using the process set forth above will be voided after 360 days. After 360 days, your warranty payment may be declined, and you must contact Bluveyl by email at support@buveyl.com to facilitate your warranty payment.

4. Acknowledgments and Agreements by the Customer

  • Our service is not an insurance policy or financial derivative product. You acknowledge and agree that: This Weather Service is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, and does not take the place of insurance obtained or obtainable by you. The benefits provided under this weather service are solely as set forth in the paragraph entitled “The Weather Service” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

5. Modification or Termination of Weather Service and Guarantee Terms

  • To the fullest extent permissible by applicable law in your jurisdiction, Bluveyl reserves the right to modify or terminate these Weather Service Terms, at any time, in its sole discretion. If Bluveyl makes any material modifications to these Weather Service and Terms, we will notify you by posting such modified terms on this page, and indicate the date these terms were last revised. Bluveyl will continue to process all purchases of the Weather Service and Guarantee purchased prior to the effective date of such modification in accordance with the prior terms.
  • If Bluveyl terminates these Weather Service Terms, Bluveyl will provide you with notice by email at least thirty (30) days before such termination and Bluveyl will continue to process all eligible warranty payment requests. To the extent such termination is effective prior to the commencement of your Experience, Bluveyl will refund you the amounts actually paid for the corresponding Weather Service and you will not be eligible for any further services or warranty payments under these Weather Service Terms.
  • In addition to and without limiting Bluveyl’s rights set forth above in the immediately preceding paragraph, Bluveyl reserves the right to modify or terminate these Weather Service Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (a) these Weather Service Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (b) the Weather Service is construed to be a futures, option, swap or other instrument regulated by any governmental or regulatory authority or court in any jurisdiction; (c) Bluveyl is required to obtain a license or permit of any kind to continue to provide these Weather Service Terms in any jurisdiction; or (d) Bluveyl determines or a court or arbitrator holds that the provisions of these Weather Service Terms violate applicable law. If Bluveyl modifies or terminates these Weather Service Terms in accordance with the foregoing, Bluveyl will process all warranty payment requests that you submitted prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority. To the extent you have not made a request for an eligible warranty payment prior to the effective date of modification or termination, or the Weather Service cannot otherwise be provided or processed as a result of the foregoing, Bluveyl will refund you the amounts actually paid for the Weather Service.

6. Governing Law

  • To the fullest extent permissible by applicable law in your jurisdiction, these Weather Service and Guarantee Terms shall be governed by and construed in accordance with the internal laws of Switzerland without giving effect to any choice of law provision of rule. However, if you have your habitual residence in a member state of the EU or the UK, you may benefit from additional rights and protection afforded to you by mandatory provisions of the laws of your country of residence, and nothing in these Weather Service and Guarantee Terms will affect the application or enforceability of these additional rights and protection.