These terms and conditions (“Terms”, “Terms of Service”, “Agreement”) are an agreement between Fly+5 (“Fly+5”, “us”, “we” or “our”) and you, the user (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the flyplusfive.com website and any of its products or services (collectively, “Website” or “Services”).
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms, including any additional Terms and Policies referenced or linked to via hyperlink herein. These Terms apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before using our Website or engaging in our Service. By accessing or using any part of the site, you agree to be bound by these Terms.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service posted here. It is your responsibility to check this page periodically for changes and your continued use of our Website following the posting of any changes constitutes acceptance of those changes.
If you have any questions about these Terms and Conditions, please Contact us.
We reserve the right to refuse service to customer for any reason at any time.
You understand that your information may be transferred unencrypted and involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without prior express written permission from Fly+5.
Headings used in these Terms are only included for convenience and do not limit or otherwise affect these Terms.
Our products prices are subject to change without notice and we reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.
Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
Due to the unpreventable variation between computer monitors and device screens, colors of our products will display different dependent on your devices’s display. We have made every effort to display all products and colors as accurately as possible but cannot guarantee exact colors of the actual products will match that on your device screen.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Payment Terms and Refund Policy.
Every effort is taken to keep the information on this website accurate and up to date. However, there may be information on our Website or in the Service that contains inaccuracies, typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges and transit times. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service, or on any related website, is inaccurate at any time without prior notice (including after you have submitted an order).
Your contract to purchase is not complete until we send you an email notifying you that your item(s) have been dispatched. Prior to that, we may cancel your order for any reason.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Some of our products include content and materials from third parties, either directly included on our Website, embedded within our website, or linked to via hyperlink.
We are not responsible for examining or evaluating the content or accuracy of this material or links that direct you to another third-party website.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If you send submissions with or without a request from us (for example via our Contact form or contest entries) such as suggestions, creative ideas, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments forwarded to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We have no obligation to, but may, monitor, edit or remove comments that in our sole discretion we determine to be offensive, unlawful, threatening, defamatory, pornographic or otherwise objectionable, or in violation of any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or proprietary right. You further agree that your comments will not contain offensive or unlawful material, or contain any computer virus or other malware that could in any way affect the operation of the Service or our Website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
In addition to other prohibitions covered in the Terms of Service, you are prohibited from using this Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fly+5, our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Fly+5 and our owners, directors, subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for any amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby Fly+5 provides the Service to you shall be governed by and construed in accordance with the laws in which you make your purchase.
All of our paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights, and gift vouchers are valid for 12 months from the date of purchase. This means that the paragliding lesson, paragliding clinic, paragliding tuition credit, or tandem paraglider flight must be completed within 12 months from the date of purchase after which they will expire and therefore no longer be valid. Once the paragliding lesson, paragliding clinic, paragliding tuition credit, tandem paraglider flight, or gift voucher you have purchased from us has reached the end of it’s validity period, and so passed its expiry date, it will have therefore expired and no longer be valid. This means that once the expiry date has been reached you will no longer be entitled to book in to our diary.
If you have a Fly+5 Paragliding gift voucher for a paragliding lesson, paragliding clinic, paragliding tuition credit, or tandem paraglider flight with us then the paragliding lesson, paragliding clinic, paragliding tuition credit, or tandem paraglider flight which the voucher entitles you to must be completed before the expiry date of the voucher after which they will expire and therefore no longer be valid. In other words, you have until the expiry date of the voucher to complete the paragliding lesson, paragliding clinic, paragliding tuition credit, or tandem paraglider flight the voucher entitles you to after which you will no longer be entitled to book in to our diary any more.
The 12 month validity period for all of our paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights, and gift vouchers takes into account availability in our diary and applies to all instances, regardless of any reasons given or circumstances, including outside influences such as the weather.
As paragliding is a totally weather dependent activity we recommend that you should book in as soon as possible, subject to availability in our diary, as it is not unusual to have days cancelled due to unsuitable weather conditions.
No Refunds Policy
We do not give refunds under any circumstances for any paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights or gift vouchers.
Non-Transferable and Not For Resale
All of our paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights, and gift vouchers are non-transferable and not for resale. We do not allow our paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights or gift vouchers to be transferred into another person’s name or sold to someone else.
No Cash Value
Our paragliding lessons, paragliding clinics, paragliding tuition credit, tandem paraglider flights and gift vouchers do not have a cash value. This means that they cannot be redeemed for cash.
Bookings and Cancellations Policy
We require a minimum of 48 hours notice for any bookings cancellations. These 48 hours will be taken from 09:00 AM on the day you are booked in to our diary (for example if you were booked in on a Saturday you would need to cancel your booking before 09:00 AM the Thursday before). Any bookings cancellations made with less than 48 hours notice, taken from 09:00 AM on the day you are booked in to our diary, will result in a full loss of credit for the day booked in, regardless of the reason given. Therefore, to avoid being deducted any training credit you must ensure that you give a minimum of 48 hours notice for any bookings cancellations, taken from 09:00 AM on the day you are booked in to our diary.
Paragliding Safety Statement and Warning of Risk
By choosing to purchase any goods or services from us you agree that you have read and accept our Safety Statement.
Our gift vouchers are valid for 12 months from the date of purchase. Once the gift voucher has reached the end of its validity period, and so passed its expiry date, it will no longer be valid.
We do not give refunds for gift vouchers.
Our gift vouchers are non-transferable and not for resale. We do not allow our gift vouchers to be transferred into another person’s name or sold to someone else.
Our gift vouchers do not have a cash value; they cannot be redeemed for cash.