General terms & conditions

These General Terms and Condition apply to all services performed by FlyOver and your use of the Service, including the Platform. By using the Service, you agree to the General Terms and Conditions. If you do not agree with these General Conditions, you cannot use the Service.

FlyOver may, at all times, amend or supplement these General Conditions. The amended or supplemented General terms and Conditions will be brought to your attention during your use of the Service. If you continue to use the Service, you irrevocably accept the amended or supplemented General Terms and Conditions. If you do not agree to the amended or supplemented General Terms and Conditions, your only option is to terminate your use of the Service.

1. Definitions
 

Air Tour the various (sightseeing) flights offered by FlyOver and performed by the Operator within the Location;
Air Tour Agreement the agreement for the operation of the Air Tour between the You and the Operator to which the GTCC apply;
Client or “You” the legal or natural person that makes use of the Service;
FlyOver the private limited company Fly Over The World B.V., incorporated under Dutch Law, registered at the trade registry of the Chamber of Commerce under file number 73219827 which is appointed by the Operator to act as agent on her behalf;
General Terms and Conditions these general terms and conditions flyover platform;
GTCC the general terms and conditions of carriage that apply to all services of the Operator, including the Air Tour Agreement;
IP- Rights all rights to intellectual property and rights associated therewith, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how;
Location the city, region or country where the Operator shall perform the Air Tour;
Operator the third party company that operates the Air Tours;
Platform the website and application developed by FlyOver operated through www.flyovertheworld.comwhich enables You to book an Air Tour;
Service the service provided by FlyOver which i.a. consists of making the Platform available through the website and application.

2. Service

2.1 The Service of FlyOver consists of making the Platform available to enable You to book Air Tours and to conclude the Air Tour Agreement on behalf of the Operator, as well as to provide operational services regarding the booking of an Air Tour. Flyover acts as intermediary for the Operator and explicitly does not act on behalf of the Client.

2.2 To the best of its ability, FlyOver will make efforts to provide the Service with due care. You accept that the Service, including the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”).

2.3 If You comply in full with all obligations pursuant to these General Terms and Conditions, FlyOver will grant you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Service, including the Platform.

2.4 FlyOver is at all times entitled, without in any way becoming liable to You:

a. to make procedural and technical alterations and/or improvements to the Platform and/or the Service;

and

b. to temporarily discontinue or limit the Service if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. FlyOver will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.

3. Booking

3.1 You can book an Air Tour through the Platform on the times and dates indicated in the schedule in the offer. The Air Tours offered by FlyOver shall be performed by third party Operators. If You book an Air Tour, You enter into an Air Tour Agreement. These General Terms and Conditions and the GTCC will be brought to your attention during the booking process, before confirmation of the booking by You. In the event the provisions of the GTCC conflict with these General Terms and Conditions, the provisions of these General terms and Conditions shall prevail.

3.2 If You book an Air Tour, You shall pay the price for the Air Tour by means of online secure payment processing. Your payment will be captured by FlyOver, until the Operator has executed the Air Tour and had indicated this in the Platform.

3.3 You will receive an automatic e-mail from FlyOver within 72 hours after booking the Air Tour with the boarding passes. The Operator shall at Your request send an invoice for the Service after the Air Tour has been executed. In the event the information on your boarding pass is incorrect, please contact FlyOver via the customer service by e-mail hello@flyovertheworld.com.

3.4 The Operator is entitled to further specify the details of the Air Tour Agreement and propose another time and date for the operation of the Air Tour. The Operator shall within 48 hours after booking the Air Tour, directly contact You by e-mail or phone with a proposal for a new time and date for operating the Air Tour. If a new time and date for operating the Air Tour are agreed upon by the Operator and You, the Operator shall indicate this in the Platform.

4. Air Tour operations

4.1 Solely the Operator is responsible for the execution of the Air Tour Agreement and operating the Air Tour in accordance with all applicable laws and regulations including aviation and safety standards. The Operator shall make sure that it provided for all applicable insurances.

4.2 Operator will use its best endeavors to deliver the service as advertised or agreed with the Client, however actual sights, flights, routes, modalities, departure times & flight duration may vary (or even be cancelled) due to weather or pilot discretion. FlyOver nor the Operator can give no guarantee of exact arrival or departure time for any service and will not be liable for any failure to make connections to other services or not achieving stated outcomes due to operational considerations beyond its control.

4.3 All Air Tours are subject to the weight and balance/performance limitations of the modalities as specified in the pilot operating handbook. Every flight has a maximum allowable total weight for passengers. This is also confirmed on the day of flight as You and all other passengers are weighed prior to departure. Please note: Giving an incorrect weight at time of the booking, could result in cancellation of the seat(s) on the day of the flight in accordance with article 5.3 if it causes us operational difficulties.

4.4 If unsuitable weather on the day of the Air Tour exists (with no signs of improvement forecast), the Air Tour may be re-scheduled at a time that is mutually convenient. If the Client is unable to fly at any other time, then no fees are payable by the Client. The call on the weather is at the absolute discretion of the Operator and/or pilot.

4.5 On occasion, delays can occur for reasons beyond FlyOver’s and/or the Operator’s control. On these occasions the Operator may exercise a “60-minute wait window” in order to decide whether the flight will be performed or not, without becoming liable to You or without having to compensate any damages.

5. Rescheduling and cancellation

5.1 In the event of cancellation, rescheduling and/or a request from You regarding flight operational details, You and the Operator shall directly contact each other, without the involvement of FlyOver. The contact details of the Operator are stated on the boarding pass.

5.2 In case of cancellation of the Air Tour by the Operator and/or FlyOver due to weather conditions or other operational contingency, You are entitled to a full refund. In case You cancel the Air Tour the following cancellation terms shall apply:

a. Cancellation up till 7 days before the flight time is free of charge, You will receive a full refund.

b. Rescheduling and cancellation until 48 hours before the flight time, You will receive a full refund of which an administration and handling fee of EUR 75,00 will be deducted;

c. Cancellation within 48 hours before the flight time, no refund shall be issued.

5.3 If the Operator is forced to cancel the Air Tour due to the fact that You have failed to (correctly) inform the Operator of crucial information necessary for the (safe) performance of the Air Tour such as (over)weight, pregnancy and/or disability’s, no refund shall be issued.

5.4 In the event of a ‘no show’ or if You are not present on the time stated on the boarding pass, FlyOver and the Operator reserve the right to shorten or cancel the Air Tour without issuing a (partial) refund to You.

6. Payment

6.1 The prices of the Air Tours are published on the Platform. All prices are in euros and including VAT and other governmental levies. Prices may be altered from time to time with a notice period of at least three months.

6.2 You shall pay the price for the Air Tour when booking the Air Tour.

6.3 If You fail to provide a full and timely payment i.e. because your credit card balance is insufficient, FlyOver and/or the Operator have the right to immediately suspend and reschedule the Air Tour or to cancel the Air Tour without becoming liable to You and/or without having to compensate any damages.

6.4 Any complaints and/or discussion with regard to the prices of the Air Tour should be sent, and will be forwarded by FlyOver, to the Operator. Complaints regarding (parts of) the invoice or the price due, do not suspend Your payment obligation. 

7. Gift vouchers

7.1 You can purchase (electronic or printed) gift vouchers through the Platform and via designated third parties. You are not allowed to purchase gift vouchers for commercial purposes. Gift vouchers can only be used to book an Air Tour through the Platform.

7.2 If You want to book an Air Tour by exchanging your gift voucher, You can insert the pin code stated on the gift voucher during the booking process. If your booking is cancelled by the Operator, FlyOver will issue a new (electronic) gift voucher which You will receive by e-mail. Gift vouchers are in no event exchangeable for money.

7.3 You are responsible for preserving the gift voucher and for keeping the pin code on the gift voucher secret. FlyOver is not obliged to issue a refund in case of loss, damage, theft and/or unauthorized use of your gift voucher.

7.4 FlyOver may request to send the original e-voucher to the customer service of FlyOver via e-mail: hello@flyovertheworld.com.

7.5 FlyOver reserves the right to accept payment by gift voucher upon receiving the original valid gift voucher. In the event the gift voucher is invalid, FlyOver shall be entitled to suspend an reschedule the Air Tour until payment has been made in accordance with article 6 of these General terms and Conditions.

7.6 In the event You purchased a gift voucher by a third party and this gift voucher is invalid, You will provide FlyOver with all relevant information regarding your purchase and the third party that issued the gift voucher. FlyOver shall in good consultation with You discuss the possibilities to solve the issue.

7.7 Gift vouchers will be issued once and allow You to book one (1) Air Tour. The expiration date and value of your gift voucher are stated on the e-voucher, in the e-mail. You cannot use the gift voucher after the expiry date. The gift voucher will be blocked after expiration. 

8. Intellectual Property Rights

8.1 The IP-Rights in relation to the Service, including the Platform are held by FlyOver or its licensors. Nothing in the General Terms and Conditions is intended to entail any transfer of IP-rights to You.

8.2 Save to the extent that it is allowed by mandatory statutory law, You may not reproduce or decompile the Platform or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of the Service and/or the Platform is not allowed. 

9. Privacy

9.1 If You book an Air Tour through the Platform you will provide FlyOver with personal data. FlyOver shall only process your personal data insofar as is necessary for the provision of the Service. FlyOver shall comply with all applicable privacy laws and regulations such as the General Data Protection Regulation (GDPR). For more information on FlyOver’s privacy policy please see https://www.flyovertheworld.com/privacy.

10. Liability

10.1 FlyOver explicitly cannot be held liable for any and all damages on whatever ground, arising from and/or in relation to the Air Tour Agreement including but not limited to the ground handling, modalities (such as helicopter, airplane or air balloon) and the legal responsibilities imposed on the Operator. You acknowledge and agree that the Operator is solely responsible and liable for the performance of the Air Tour Agreement in accordance with all applicable laws and regulations and aviation safety standards.

10.2 To the extent permitted by law, FlyOver shall solely be liable for direct damages suffered by You with respect to the use of the Platform. FlyOver’s liability for direct damages will be limited to the amount of the benefit that FlyOver receives under its liability insurance in the relevant case. If, for whatever reason, no benefit is received under the aforementioned insurance, then FlyOver’s total, aggregate, cumulative liability for direct damages will, regardless of the cause, be limited to the amount of EUR 250,-.

10.3  “Direct damages” in respect of article 10.2 shall solely mean:

a. property damages (“zaakschade”);

b. reasonable expenses which You would have to incur to make FlyOver’s performance conform these General Terms and Conditions;

c. reasonable costs You have incurred to determine the cause and scope of the damage, to the extent that this pertains to direct damage; and

d. reasonable costs incurred to prevent or limit damage, to the extent that they pertain to direct damage.

10.4 FlyOver shall not be liable for any other damages than direct damages as specified in article 10.3 including but not limited to consequential damages arising out of, or in connection with these General terms and Conditions, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether you provide notice to FlyOver of such potential injury, damages or loss.

10.5 In any event, your right to claim damages under these General Terms and Conditions, shall lapse one (1) year after the occurrence giving rise to the claim or action.

10.6 If allowed by the Operator, baggage’s and personal belongings are carried at your own risk and responsibilities. FlyOver nor the Operator can be held liable for damages regarding your baggage’s and personal belongings.

11. Warranties

11.1 FlyOver does not warrant:

a. that the Service and/or the Platform are accessible at all times and without interruptions, defects or malfunctions;

b. that the Service and/or the Platform is effective or that use of the Service and/or the Platform will lead to any particular results such as actual sights, flights and tours; or

c. that the information furnished via the Service and/or Platform is correct, up-to-date and complete.

11.2 FlyOver is not responsible for:

a. the purchase and/or the proper functioning of your infrastructure;

b. loss, damage, incorrectness and/or incompleteness of information furnished via the Platform;

c. errors in data transfer, failure or non-availability of computer, data or telecommunication facilities, including the internet;

d. making backup copies of data; or

e. managing the use of the Service and/or the Platform, including checking the settings, and the manner in which the results of Service and/or the Platform are used.

11.3 You warrant that You will not use the Service and/or the Platform in a manner that:

a. infringes the rights of FlyOver, the Operator and/or third parties, including but not limited to IP-Rights or rights relating to privacy protection;

b. is contrary to any applicable legislation or regulations; or

c. is contrary to any provision in these general Terms and Conditions. 

12. Miscellaneous

12.1 FlyOver may transfer rights and obligations arising from the agreement and/or the General Terms and Conditions to third parties. You may not transfer rights and obligations arising from the Service and/or General Terms and Conditions to third parties without FlyOver’s prior written consent.

12.2 These General Terms and Conditions and the use of the Service including the Platform are governed by Dutch law.

12.3 Any disputes arising from your use of the Service including the Platform and/or these General Terms and Conditions will be submitted exclusively to the competent court in The Hague, the Netherlands.

***