Last updated: May 2024 

Introduction

WingtraCare offers comprehensive coverage for all Wingtra hardware, and it is designed to provide peace of mind through extensive protection features. This document outlines the terms and conditions under which WingtraCare is offered.

Coverage

WingtraCare covers all damages and issues related to the drone, payloads and accessories, including but not limited to: equipment faults, user faults, and accidents.

WingtraCare also includes the replacement of consumable parts such as propellers and batteries due to wear and tear.

The coverage limit is established at 100,000 USD per drone, per year.

Exclusions from Coverage

• WingtraCare does not cover the following:
  User-fault damage beyond coverage limit: Damages incurred through user fault that exceed the specified limit of 100,000 USD per year, per drone.
• Equipment upgrades: The replacement or upgrade of payloads or equipment before the end-of-life of these parts, even if new models or upgrades are released, as long as the existing ones have replacements.
• Cosmetic damages: Cosmetic damages that do not affect the functionality or safety of the hardware, such as scratches, small cracks, or holes.
• Import fees and taxes: Any import fees or taxes incurred during the shipping of parts or replacement drones.
• Intentional damage: Any damage intentionally inflicted upon the equipment.
• Non-standard operating conditions: Damages resulting from operating the equipment under conditions outside of those specified by the manufacturer, including but not limited to extreme temperatures, precipitation (rain, snow), fog, altitude and extreme winds.
• Unauthorized modifications: Any damage resulting from modifications made to the hardware that are outside the instructions provided by Wingtra or any unauthorized alterations.
• Loss of data or business interruption: Any loss of data, business interruption, or loss of use of the drone during the period of replacement.
• Third-party claims: Any damages or claims made by third parties as a result of using the drone.
• Non-Wingtra products: Damage to products that are not manufactured or sold by Wingtra, even if used in conjunction with a Wingtra drone.
• Legal fees: Any litigation, arbitration, and/or other legal fees related to the enforcement of the replacement or repair service under this plan.
• End of Life payloads: WingtraCARE does not apply to the payloads which have reached end-of-life (EOL) status.

Replacements

• Replacements will be sent by the local partner and within their availability as fast as possible after the incident has been reported.
• Shipment costs of the replacement parts to distributors are covered by Wingtra.
• Items do not need to be sent in to partners or Wingtra for warranty assessment, repair, or replacement. If a technical investigation is requested, Wingtra will cover the shipment costs to get the items delivered to Zurich
• Wingtra will keep replacements of all drones and payloads, even after new models are released, to service all existing customers until the end of the equipment’s lifetime. In case a drone, payload, or accessory was not available, Wingtra is committed to substitute the damaged equipment with an equivalent option that matches or exceeds the replaced item’s characteristics.

Eligible Equipment

WingtraCare covers the drone and all associated payloads and accessories currently registered under the customer’s account, provided all active drones owned by the customer are subscribed to the WingtraCare plan.

Subscription Period and Payment

WingtraCare is a comprehensive protection plan (annual opt-out) offered as subscription-based plan per drone with annual payments. Subscription fees are billed yearly, and the amount will be communicated at the time of subscription renewal.

Opt-out and Renewal

• Subscription renewal notices will be sent to customers 90 days and 60 days to the end of the current subscription year.
• Customers have a 60-day window to opt-out of the renewal. This window begins 90 days before the renewal date and ends 30 days before the renewal date.
• Failure to provide written notice of non-renewal within this period will result in automatic renewal of the WingtraCare for another year, and an invoice will be issued accordingly.

Restrictions on Re-subscription

Once a customer opts out of WingtraCare, the specific drone or drones associated with that subscription cannot be re-enrolled in the WingtraCare program at any future date.

Eligibility for WingtraCare

Customers can acquire WingtraCARE as long as their drone is under active warranty (either the manufacturer’s warranty during the first 12 months or in case a second year warranty is active). Start date of WingtraCare services are in line with the warranty date of the drone.

General Conditions

WingtraCare is non-transferable and covers only drones registered to the original subscriber unless explicitly stated otherwise.
The coverage is conditional upon the proper use of the drone as per the manufacturer’s guidelines.
WingtraCare reserves the right to modify terms, conditions, and pricing with prior notice to all active subscribers.

Customer Responsibilities

To ensure effective management of incidents and claims under the WingtraCare plan, customers are required to adhere to the following:

• Incident Reporting: Customers must report any incidents or damages within 30 days of occurrence. Claims submitted after this period will be considered void and ineligible for coverage.
• Initial Claim Documentation: To file a claim, customers are required to provide detailed documentation including:
  • Description of the Incident: Date of the incident, environmental conditions at the time, and a detailed sequence of events.
  • Images of Damage: Clear images showing the extent of the damage to the equipment.
• Additional Information upon request: When requested, customers must provide additional data to support their claim or to facilitate the repair/replacement process, including:
  Flight Logs: Detailed records of the drone’s flight during the incident.
  Flight Plan: The planned route and objectives of the flight during which the incident occurred.
  Flight Data: This includes files from the “IMAGES & DATA” folder, particularly in cases involving issues with post-processing.
• Software Version and Firmware Updates:
  • It is the customer’s sole responsibility to ensure that all drones are operated with the most current software release available. Customers must regularly check for and install any updates or upgrades provided for the drones’ software systems.
  • Operating a drone with outdated firmware may increase the risk of operational failures and incidents. To maintain the integrity and performance of your drone, and to comply with the terms of this Agreement, you must install all software updates issued by the manufacturer promptly upon release.
  • Failure to operate the drone on the latest firmware version can result in the voiding of the warranty if an incident occurs that is determined to be linked to the use of outdated software. It is crucial that customers adhere to all software update requirements to maintain their warranty coverage under this Agreement.

Governing Law

This Agreement and all of the Parties’ claims connected with or arising out of this Agreement shall exclusively be governed by substantive laws of Switzerland to the exclusion of the conflict of laws rules set forth in Swiss international private law and of the United Nations Convention on International Sale of Goods (CISG).

The Parties submit to the exclusive jurisdiction of the Court of Zurich, venue Zurich 1 (Canton of Zurich), Switzerland.

Indemnity

You are responsible for your use of the Service. You will defend and indemnify Wingtra, its affiliates, dealers, licensors and its and their respective officers, directors, managers, employees, consultants, agents, successors, and assigns (collectively, the “Wingtra Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Acceptance

By subscribing to WingtraCare, the customer agrees to be bound by these terms and conditions.