We believe that clear and transparent terms and conditions are essential for ensuring a positive booking experience. These General Terms and Condition apply to all services performed by Fly Over The World 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. We 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.
Flight(s): the various (sightseeing) flights offered by Fly Over The World and performed by the Operator within the Location;
Flight Agreement: the agreement for the operation of the Flight 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;
Fly Over The World or “we”, “us”: 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 Fly Over The World platform;
GTCC: the general terms and conditions of carriage that apply to all services of the Operator, including the Flight 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 Flight;
Operator: the third party company that operates the Flights;
Platform: the website and application developed by Fly Over The World operated through www.flyovertheworld.com which enables You to book a Flight;
Service: the service provided by Fly Over The World which i.a. consists of making the Platform available through the website and application.
The Service of Fly Over The World consists of making the Platform available to enable You to book Flights and to conclude the Flight Agreement on behalf of the Operator, as well as to provide operational services regarding the booking of a Flight. Fly Over The World acts as intermediary for the Operator and explicitly does not act on behalf of the Client.
To the best of our ability, we 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”).
If You comply in full with all obligations pursuant to these General Terms and Conditions, we will grant you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service, including the Platform.
We are at all times entitled, without in any way becoming liable to You: to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and to temporarily discontinue or limit the Service if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. We will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
You can book a Flight through the Platform on the times and dates indicated in the schedule in the offer. The Flights offered by us shall be performed by third party Operators. If You book a Flight, You enter into a Flight 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.
If You book a Flight, You shall pay the price for the Flight by means of online secure payment processing. Your payment will be retained by us, until the Operator has executed the Flight and has indicated this in the Platform.
You will receive an automatic e-mail from us within 72 hours after booking the Flight with the boarding pass. The Operator shall at Your request send an invoice for the Service after the Flight has been executed. In the event the information on your boarding pass is incorrect, please contact us via the customer service by e-mail hello@flyovertheworld.com.
The Operator is entitled to further specify the details of the Flight Agreement and propose another time and date for the operation of the Flight. The Operator shall within 48 hours after booking the Flight, directly contact You by e-mail or phone with a proposal for a new time and date for operating the Flight. If a new time and date for operating the Flight are agreed upon by the Operator and You, the Operator shall indicate this in the Platform.
Solely the Operator is responsible for the execution of the Flight Agreement and operating the Flight 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.
The Operator will use its best endeavours 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. Fly Over The World 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.
All Flights are subject to the weight and balance/performance limitations of the aircraft 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.
If unsuitable weather on the day of the Flight exists (with no signs of improvement forecast), the Flight may be re-scheduled at a time that is mutually convenient. If you are unable to fly at any other time, then no fees are payable by you. The call on the weather is at the absolute discretion of the Operator.
On occasion, delays can occur for reasons beyond our 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.
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 us. The contact details of the Operator are stated on the boarding pass.
In case of cancellation of the Flight by the Operator due to weather conditions or other operational contingency, You are entitled to a full refund. In case You may cancel or reschedule the Flight until 48 hours before the flight time, You will receive a full refund. If you cancel within 48 hours before the flight time, no refund shall be issued.
If the Operator is forced to cancel the Flight due to the fact that You have failed to (correctly) inform the Operator of crucial information necessary for the (safe) performance of the Flight such as (over)weight, pregnancy and/or disability’s, no refund shall be issued.
In the event of a ‘no show’ or if You are not present on the time stated on the boarding pass, the Operator reserve the right to shorten or cancel the Flight without issuing a (partial) refund to You.
The prices of the Flights are published on the Platform. All prices are including VAT and other governmental levies. Prices may be altered from time to time.
You shall pay the price for the Flight when booking the Flight.
If You fail to provide a full and timely payment i.e. because your credit card balance is insufficient, we have the right to immediately cancel the Flight without becoming liable to You and/or without having to compensate any damages.
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 a Flight through the Platform.
If You want to book a Flight 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, Fly Over The World will issue a new (electronic) gift voucher which You will receive by e-mail. Gift vouchers are in no event exchangeable for money.
You are responsible for preserving the gift voucher and for keeping the pin code on the gift voucher secret. Fly Over The World is not obliged to issue a refund in case of loss, damage, theft and/or unauthorized use of your gift voucher.
Fly Over The World may request to send the original e-voucher to the customer service of Fly Over The World via e-mail: hello@Fly Over The Worldtheworld.com.
Fly Over The World reserves the right to accept payment by gift voucher upon receiving the original valid gift voucher. In the event the gift voucher is invalid, Fly Over The World shall be entitled to suspend an reschedule the Flight until payment has been made in accordance with article 6 of these General terms and Conditions.
In the event You purchased a gift voucher by a third party and this gift voucher is invalid, You will provide Fly Over The World with all relevant information regarding your purchase and the third party that issued the gift voucher. Fly Over The World shall in good consultation with You discuss the possibilities to solve the issue.
Gift cards will be issued once and allow You to book one (1) Flight. The expiration date and value of your gift card are stated on the e-voucher, in the e-mail. You cannot use the gift card nor extend the validity of the gift card after the expiry date. The gift card will be blocked after expiration.
The IP-Rights in relation to the Service, including the Platform are held by Fly Over The World or its licensors. Nothing in the General Terms and Conditions is intended to entail any transfer of IP-rights to You.
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.
If You book a Flight through the Platform you will provide Fly Over The World with personal data. Fly Over The World shall only process your personal data insofar as is necessary for the provision of the Service. Fly Over The World shall comply with all applicable privacy laws and regulations such as the General Data Protection Regulation (GDPR). For more information on Fly Over The World’s privacy policy please be referred to its statement on the Platform.
Fly Over The World explicitly cannot be held liable for any and all damages on whatever ground, arising from and/or in relation to the Flight 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 Flight Agreement in accordance with all applicable laws and regulations and aviation safety standards.
To the extent permitted by law, Fly Over The World shall solely be liable for direct damages suffered by You with respect to the use of the Platform. Fly Over The World’s liability for direct damages will be limited to the amount of the benefit that Fly Over The World receives under its liability insurance in the relevant case. If, for whatever reason, no benefit is received under the aforementioned insurance, then Fly Over The World’s total, aggregate, cumulative liability for direct damages will, regardless of the cause, be limited to the amount of EUR 250,-.
“Direct damages” in respect of article 10.2 shall solely mean:
property damages (“zaakschade”);
reasonable expenses which You would have to incur to make Fly Over The World’s performance conform these General Terms and Conditions;
reasonable costs You have incurred to determine the cause and scope of the damage, to the extent that this pertains to direct damage; and
reasonable costs incurred to prevent or limit damage, to the extent that they pertain to direct damage.
Fly Over The World 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 Fly Over The World of such potential injury, damages or loss.
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.
If allowed by the Operator, baggage’s and personal belongings are carried at your own risk and responsibilities. Fly Over The World nor the Operator can be held liable for damages regarding your baggage’s and personal belongings.
Fly Over The World does not warrant: that the Service and/or the Platform are accessible at all times and without interruptions, defects or malfunctions; 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 that the information furnished via the Service and/or Platform is correct, up-to-date and complete.
Fly Over The World is not responsible for: the purchase and/or the proper functioning of your infrastructure; loss, damage, incorrectness and/or incompleteness of information furnished via the Platform; errors in data transfer, failure or non-availability of computer, data or telecommunication facilities, including the internet; making backup copies of data; or 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.
You warrant that You will not use the Service and/or the Platform in a manner that: infringes the rights of Fly Over The World, the Operator and/or third parties, including but not limited to IP-Rights or rights relating to privacy protection; is contrary to any applicable legislation or regulations; or is contrary to any provision in these general Terms and Conditions.
Fly Over The World 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 Fly Over The World’s prior written consent.
These General Terms and Conditions and the use of the Service including the Platform are governed by Dutch law.
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.
