TERMS & CONDITIONS

Terms & Conditions

Visitors and users of Fly Dining on the Internet agree to comply with the following terms of use before booking any experiences and/or packages.

Fly Dining PR shall have the right to amend the Terms of use of the System by publishing the relevant information/news through www.flydining.pr

The amendments enter into effect upon their publication through www.flydining.pr

1. DEFINITIONS AND INTERPRETATIONS

“Seats” refers to the seats or other types of “Event” refers to the Fly Dining experience, encompassing dining, entertainment, and any associated activities, which will be held at 1807 Calle Loiza, San Juan PR 00911 in respect of which we have the right to sell you seats. Evidence (including electronic/online bookings) for our event sold by us to you. “Venue” means any facilities or locations of any nature where the event is being held [1807 Calle Loiza, San Juan PR 00911]. “We” means the organizer, Fly Dining PR. “Us” and “Our” shall be ready accordingly. “You” means the seat and/or guest who booked or anybody who in our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.

2. SEATS

2.1 All prices quoted are in DOLLARS ($) and are inclusive of taxes and service fees.

2.2 The sale of all seats is contingent upon availability and is governed by these terms and conditions. Prospective customers are advised to carefully review these terms and conditions before making a booking. Booking seats constitutes acceptance of these terms and conditions.

2.3 Upon payment for the seat(s), the System will send a confirmation to the email address provided by the Customer.

2.4 Customers are not permitted to arrange or decide on seat placements during the event.

2.5 A valid seat(s) confirmation must be presented for entry into the event. Each seat is exclusively valid for the designated date and time, accommodating one person only. Late arrivals will not be accommodated.

2.6 Altering, defacing, or removing any part of the seat confirmation may invalidate the seat. Customers are responsible for verifying seat details during the booking process, and any mistakes should be reported immediately. Rectifications cannot be made after the booking.

2.7 The resale of seat(s) and special add-ons is strictly prohibited. The Organizer reserves the right to cancel any resold seat(s) or items.

2.8 Any use of the Flydining System website, its contents, and data for unlawful activities or for the sale or resale of seat(s) is strictly prohibited without prior written consent. Violation of this provision may result in the imposition of a contractual penalty.

2.9 Once sold, seat(s) are non-refundable, non-amendable, and non-cancellable, except under circumstances outlined by the Organizer.

2.10 The Organizer will not be held responsible for lost, stolen, or destroyed seat(s) confirmations.

2.11 The Organizer exclusively assumes responsibility for seats purchased from its authorized sales points.

2.12 Ownership or possession of a seat confirmation does not grant any rights, implied or otherwise, to use, alter, copy, or engage with any symbols, trademarks, logos, and/or intellectual property featured on the seat confirmation.

2.13 Any seat confirmations obtained in violation of these terms and conditions shall be deemed void, and all associated rights conferred or evidenced by such seat(s) will be nullified. Individuals attempting to utilize void seats for entry to our event may be treated as trespassers and could be subject to ejection and legal action. Void seats are non-refundable.

2.14 Seat transfers are permissible, and due consideration for seat transfer will be granted if evidence of double booking, illnesses, or other related emergencies is provided to Fly Dining PR within 48 hours before the scheduled experience. This information should be communicated via email to [email protected], along with the replacement's details, including Full Name, Identification Number/Passport Number, Contact Details, etc.

2.15 By engaging in any action on the System's site, the Customer affirms:

2.15.1 All prices quoted are in DOLLARS ($) and include taxes & service charge.

2.15.2 They represent a legal entity whose authorized representative possesses all necessary powers to use the System services in the entity's name and assume any associated obligations.

2.15.3 They fully comprehend and adhere to all the Terms of Use outlined by the system.

2.15.4 Pregnant women are restricted from experiencing Fly Dining.

2.15.5 If the guest is below the age of 18, the presence and signature of a parent/guardian who is at least 18 years old and above will be mandatory for the indemnity form.

3. PRICE & PAYMENT

3.1 The price of the seat(s) is determined at the time we accept your order.

3.2 Please note that additional credit/debit card or banking fees may be applicable under specific circumstances. Comprehensive details will be provided during the payment process.

3.3 For transactions conducted through credit/debit cards, you can trace the payment transaction on your credit card statement under the designated name.

3.4 Discount or promotion codes are not valid in conjunction with other ongoing promotions, discounts, vouchers, or privilege cards.

4. CHANGE TO EVENT

The Organizer will make reasonable efforts to notify attendees of any changes to the event schedule promptly. Notifications may be communicated through the Flydining System website, email, or other appropriate means. It is the responsibility of attendees to stay informed about any updates or modifications to the event schedule. The Organizer shall not be held liable for any inconvenience or loss incurred due to the failure of attendees to receive or acknowledge such notifications.

5. LIABILITY

5.1 Fly Dining PR shall not be held liable for any costs incurred by customers related to travel, accommodation, or other services in the event of a delay, cancellation, or postponement. Decisions to postpone or delay events are not under the Organizer’s control; therefore, Fly Dining PR is not liable and will not offer compensation or refunds for any costs incurred by customers.

5.2 In the event of a cancellation by the Organizer, a full refund will be provided, limited to the fee of the seat only. It is important to note that other costs incurred by the customer, including travel or accommodation expenses, will not be eligible for reimbursement. Customers are encouraged to consider this policy when making travel arrangements in connection with Fly Dining events.

5.3 Fly Dining PR disclaims any responsibility for consequential losses or damages, whether direct or indirect, arising from event changes, cancellations, or postponements. This includes, but is not limited to, financial losses, missed connections, or other related expenses not covered by the seat fee refund.

6. CANCELED OR RESCHEDULED OF EVENT

6.1 Attendees are responsible for verifying whether the event has been canceled or rescheduled and staying informed about the new date and time for any rescheduled event. Fly Dining PR will make reasonable efforts to communicate changes to attendees.

6.2 In the event of a canceled event, the Organizer will make its best efforts to notify attendees promptly. A full refund will be provided for the canceled event, limited to the fee of the seat only.

6.3 For rescheduled events, seats booked for the original date will remain valid for the new date unless otherwise notified. Attendees have the option to request a refund for the value of the booked seats for a rescheduled event by following the refund process outlined in Section 12. It is important for attendees to familiarize themselves with the refund procedure and submit any refund requests within the specified timeframe.

7. CONDITIONS OF ADMISSION

7.1 Participants must be a minimum of 13 years old to partake in the exhilarating Flydining experience. For guests under the age of 18, the presence and signature of a parent or guardian, aged 18 or above, are mandatory for completing the indemnity form, ensuring a secure and enjoyable adventure.

7.2 Punctuality is of utmost importance for a seamless Fly Dining experience. Attendees are strongly encouraged to arrive promptly at the scheduled time for their package. In the event of a delay and the platform already lifted, please note that the Organizer will not lower the platform, resulting in the automatic cancellation of seats with regrettably no refund.

7.3 Attendees are expected to dress appropriately, considering the prevailing weather conditions. Given the height of 100 feet, where winds may be stronger and temperatures lower, once the platform ascends, adjustments to attire, shoes, etc., will not be accommodated. It's essential to adhere to the dress code, and flip flops are strictly prohibited, while the removal of shoes is not allowed.

7.4 While the Organizer strives for an exceptional dining experience, it cannot guarantee that dishes prepared by participating chefs and restaurants are free from common allergens like nuts, dairy, gluten, etc. Attendees are advised to thoroughly review the menu on the website before purchasing seats. Managing personal health and safety, including considerations for medical conditions such as diabetes and food allergies, remains the responsibility of each attendee.

7.5 The Organizer retains the right to refuse admission to the venue under reasonable circumstances, including concerns related to health and safety, licensing requirements, or in cases where a seat is deemed void. Additionally, the Organizer may request attendees to leave the venue at any time based on reasonable grounds, taking necessary actions to enforce this right and ensure a secure and enjoyable experience for all.

7.6 As illustrative instances, the Organizer reserves the right to remove any individual who:

7.6.1 Behaves in a manner that, in the reasonable opinion of the Organizer, has or is likely to affect the enjoyment of other customers.

7.6.2 Uses threatening, abusive, or insulting words or behavior, or in any way provokes actions that may disturb the peace of the Organizer and fellow customers.

7.6.3 In the reasonable opinion of the Organizer, is under the influence of alcohol or drugs.

7.7 All attendees must adhere to the instructions and directions provided by the Organizer, staff, and stewards on duty. Refunds will not be issued to those denied entry due to their behavior, as indicated in the examples above.

7.8 By participating in the event, you willingly assume all risks and dangers incidental to the experience, whether occurring prior to, during, or subsequent to the actual event. This includes but is not limited to any possibility of death, personal injury, loss, damage, or liability.

7.9 Flydining welcomes the participation of all individuals, including those with disabilities. However, individuals with disabilities must provide comprehensive information in writing regarding their medical conditions to the Organizer before purchasing seats. The Organizer will assess the situation, and individuals with safety training experience will determine whether the said individual may or may not participate, ensuring a safe and enjoyable experience for everyone involved.

7.10 It is strictly prohibited to throw or release any items from the table at any time. Failure to comply with this condition will result in immediate ejection from the venue, and individuals will be asked to leave with no refund provided.

7.11 Smoking of conventional or electronic cigarettes/cigars is strictly prohibited during the Flydining experience. Violation of this condition will lead to the removal of seat(s) riders from the venue at any point, with no refund given.

7.12 Only small items such as cellphones or compact cameras are allowed at the table during the dining session. Large items, including bouquet of flowers or large handbags, are strictly prohibited on board. Lockers will be provided for large items, and attendees are responsible for the safety of their personal belongings like cell phones and cameras. The Organizer is not liable for any damage or loss of personal items.

7.13 Attendees are obligated to adhere to and obey any instructions given by the staff of Flydining at all times. Touching any operational device or machinery is strictly prohibited and may result in legal actions.

7.14 For any inquiries or concerns about our Privacy Policy, your data, or the Terms and Conditions for using the System, please don't hesitate to contact us via email at [email protected]. We are here to address your questions and provide the necessary assistance.

8. RESTRICTIONS AND PROHIBITIONS

8.1 The use of equipment for recording or transmitting (by digital or other means) any audio, video, or audio-visual material or any information or data inside the event venue is strictly forbidden, unless for personal use only. Unauthorized recordings, tapes, films, or similar items may be confiscated and destroyed. Any recording made during the Event constitutes a breach of these conditions and shall automatically belong to the Organizer. The Organizer will not be held liable for any loss, theft, or damage to any confiscated items.

8.2 The Organizer reserves the right to use any photograph/video taken at any Flydining PR® event, without the expressed written permission of those included within the photograph/video. The Organizer may use the photograph/video in publications or other media material produced, used, or contracted by the organizer, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.

8.3 Any person desiring not to have their photo taken or distributed must inform the Organizer in writing of his/her intentions and include his or her photograph. The Organizer will use the photo for identification purposes and will hold it in confidence.

8.4 The following are not permitted within any venue:

8.4.1 Pets, animals

8.4.2 Your own food and drink (unless permitted by the Organizer)

8.4.3 Bottles, cans, or glass containers

8.4.4 Any item that may be interpreted as a potential weapon, including sharp or pointed objects (e.g., knives)

8.4.5 Illegal substances

8.4.6 Professional/commercial recording devices

8.5 The Organizer reserves the right to inspect bags, clothing, or other items for compliance with the restrictions outlined in Section 9. Any refusal to comply with such inspections may result in denial of entry or expulsion from the event venue.

8.6 Attendees are strictly prohibited from engaging in any disruptive or offensive behavior, including but not limited to harassment, violence, or any activity that may disturb the peace and enjoyment of the event by others.

8.7 The Organizer reserves the right to deny entry or remove any person from the venue who violates these restrictions and prohibitions or engages in behavior deemed inappropriate by the Organizer.

9. WEATHER CONDITIONS

The Organizer reserves the right to relocate the Fly Dining experience to indoor ground-level lounges if weather conditions are deemed unsafe, including but not limited to:

9.1 Heavy rain/thunderstorm

9.2 Haze/Wind

In the event of conditions considered unsafe, the Organizer has the full rights to cancel any dining session. The conditions leading to cancellation may include

9.3 Power failure by the venue provider

9.4 Flooding, hurricane, earthquake, or any force majeure at the venue

9.5 Any politically motivated restriction/strike/curfew at the venue or its surroundings.

Full refunds will be provided for the booked seat(s) in the case of a canceled dining session, limited to the fee of the seat only. No refunds will be given for relocations to indoor lounges due to weather conditions.

10. REFUNDS

10.1 Once issued, seat(s) booked are non-refundable, non-exchangeable, and cannot be canceled except in the case of a cancellation by the Organizer. Relocating the dinner experience to the event lounge is not considered a cancellation and, therefore, will not be refunded.

10.2 In the event of an Organizer-initiated cancellation, the following procedures will be implemented for online credit or debit card bookings: We will collaborate with the respective card's banks to automatically refund the amount to your account. This process typically takes approximately 14 working days after the event.

10.3 If the event is postponed, booked seat(s) for the original date will remain valid for the rescheduled date unless otherwise notified. You have the option to seek a refund for the value of the booked seat(s) for a postponed event through the following process: a) A refund form will be uploaded on our website. You need to complete this form, attach proof of booking, and submit it to us via email ([email protected]) or to our relevant office address.

10.4 Please note that the refund process requires a minimum of 14 working days from the date of receiving your refund application form.

Customers are encouraged to review the terms and conditions carefully before making a booking. The Organizer reserves the right to modify or update these policies, and any such changes will be communicated through our official channels. It is the responsibility of customers to stay informed about any updates to the refund process or other relevant terms. For any inquiries or concerns regarding refunds or the terms and conditions, customers can contact us at [email protected] for prompt assistance.

11. GIFT CARDS

11.1 This gift card serves as a voucher and is not the actual ticket.

11.2 To obtain your ticket, please redeem this voucher through our website: www.flydining.pr or by contacting us via phone.

11.3 Any additional costs beyond the value of this voucher must be covered by the redeemer.

11.4 This gift card is not applicable on special event days.

11.5 Refunds or cash exchanges are not permitted for this gift card.

11.6 Redemption is subject to availability, and you can check our website (www.flydining.pr) for available dates.

11.7 Weather guarantee is not included with this voucher. You have the option to add the guarantee on our website.

11.8 Lost, damaged, or stolen gift vouchers will not be replaced.

11.9 Fly Dining reserves the right to amend these terms and conditions without prior notice.

11.10 Please schedule an appointment at least TWO days before collection via email or phone call.

11.11 The gift card is non-transferable and can only be redeemed by the person named on the voucher.

11.12 Multiple gift cards can be used for a single transaction, provided they are all under the same redeemer's name.

11.13 Gift cards are valid for a specific period, as mentioned on the voucher. Please ensure redemption within the stipulated timeframe.

11.14 In the event of unforeseen circumstances leading to the cancellation of an event, the gift card's validity will be extended, and it can be used for a rescheduled date.

11.15 For any queries or assistance regarding gift card redemption, contact our customer support via the provided email or phone call details.

11.16 Fly Dining reserves the right to refuse the use of a gift card if it suspects fraudulent activity.

11.17 The terms and conditions of the gift card are applicable in conjunction with Fly Dining's general terms and conditions.

WAIVER AND RELEASE OF LIABILITY FORM I

In consideration of being permitted by FlyDining (hereinafter referred to as The Organizer) to participate in the event located at 1807 Calle Loiza San Juan, PR, and to use its equipment and facilities, to the full extent allowed by law, I (hereinafter referred to as The Indemnitee):

Hereby assume all the risks associated with participating, volunteering, or working in this activity. In this repect, I acknowledge the unique and thrilling nature of the FlyDining experience, which involves dining at an elevated height. I am fully aware that this activity poses inherent risks, and I voluntarily assume these risks with a complete understanding of the unusual dining environment. I absolve and release FlyDining, its directors, officers, partners, employees, volunteers, representatives, agents, suppliers, sponsors, and event volunteers from any liability arising from the distinctive aspects of the FlyDining experience, including but not limited to the elevated dining platform and any associated risks inherent in such an activity. I understand that these risks are integral to the overall experience and expressly agree that FlyDining is not liable for any injuries, damages, or other liabilities arising from the unique nature of the event.On behalf of myself, my spouse, children, wards, relatives, heirs, executors, personal agents, personal representatives, administrators, successors, and assigns, I unconditionally waive, release, discharge, hold harmless, and indemnify The Organizer, its directors, officers, partners, employees, volunteers, representatives, agents, suppliers, sponsors, or event volunteers from any liability for all manner of actions, causes of action, claims, demands, costs, loss of services, expenses, attorney's fees, compensation, and all consequential, compensatory, general, special, and/or punitive damages or liabilities, known or unknown.

This release includes, but is not limited to, any injuries, illnesses, or damages, including death, arising directly or indirectly from my presence on the premises, participation in the event, or dining on the premises. I acknowledge that this waiver and release of liability form is binding, and I voluntarily enter into it with full understanding of its terms and consequences.

WAIVER AND RELEASE OF LIABILITY FORM I

The Organizer reserves the right to postpone, delay, or cancel FlyDining events due to weather conditions or other related or non-related matters.

The undersigned (hereinafter referred to as "The Indemnitee"), fully acknowledge and agree that this waiver and assumption of risks agreement is intentionally broad and inclusive, in accordance with the laws of Puerto Rico. In the event any part of this agreement is deemed invalid, I understand and accept that the remaining provisions shall continue to be legally effective.

By signing below, I willingly consent to receive necessary medical treatment in case of injury, accident, and/or illness during this event, administered by Paramedics, Ambulance, or other medical personnel arranged by The Organizer.

I am aware that photographs may be taken during the event or related activities, and I grant permission for the use of my photo, video, or film likeness for legitimate purposes by the event holders, producers, sponsors, organizers, and assigns.

Having read and comprehended this waiver of liability and assumption of risk, I affix my signature freely and voluntarily, intending it to be a complete and unconditional release of all liability, to the greatest extent allowed by law.

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