TERMS AND CONDITIONS & PRIVACY POLICY

Helicopter Tours Terms and Conditions

• Foreword

1. 1. The website helitorus.mt is operated and owned by Helicopter Services Malta Limited,  a company registered under the laws of Malta, bearing company registration number C 80785 and having its registered office at Level 3, Gasan Centre, Mriehel By-Pass, Mriehel, Birkirkara, BRK 3000, Malta  (the “Company”; “Our”, “Us” and “We” shall be construed accordingly).

1. 1. Our services consist of helicopter tours in Malta (the “Services”) and this Website allows you, the user of this Website, to purchase Our Services, subject to these Terms and Conditions (the “T&Cs”).

• Interpretation

In these T&Cs:

1. 1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1. 1. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1. 1. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1. 1. A reference to writing or written includes fax and e-mail.

1. 1. Any words following the terms including, include or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definitions, phrase or term preceding those terms.

• Booking & Services

1. 1. The purchasing of Our Services is subject to acceptance of these T&Cs and Our privacy policy which is available at [insert URL] (the “Privacy Policy”) and which is being incorporated herein by reference.

1. 1. You should take the time to get acquainted with these T&Cs and Our Privacy Policy before purchasing Our Services. You will not be allowed to purchase Our Services unless you confirm acceptance of these T&Cs by clicking the checkbox “I accept the Terms and Conditions” and the Privacy Policy by clicking the checkbox “I accept the Privacy Policy”.

1. 1. To purchase Our Services, you will need to place a booking with Us through the Website (“Booking”). To place a Booking you will be required to input all required data about you and any other person who will benefit from the Services purchased by you on their behalf (the “Other Passenger/s”; “you” and the “Other Passengers” are jointly referred to as the “Passenger/s”).

1. 1. Your placement of a Booking constitutes an offer to purchase Our Services. Your Booking shall only be deemed to be accepted by Us, and in turn the Services purchased by you, when We acknowledge receipt of your Booking and confirm that we have accepted the purchase of Our Services. Such confirmation shall be sent to you by email, on the email address provided to Us throughout the placement of the Booking (“Email Confirmation”).

1. 1. The Email Confirmation shall:

1. 1. 1. be sent to you without undue delay and typically within [Insert period] from the placement of your Booking; and
      2. contain the details of the Services purchased, including departure time and the details of the Passengers.

1. 1. If you do not receive the Email Confirmation within [Insert period] you should contact Our customer care at [Insert customer care email address/other method/s in which to contact customer care].

• Health & Safety

1. You shall be responsible to ensure that all Other Passengers are aware and agree that you place a Booking and accept these T&Cs and the Privacy Policy on their behalf. You shall hold Us fully indemnified and completely harmless of any damages, costs or liability which may arise as a result of your failure to inform the Other Passengers that a Booking is being placed in their name and obtain the Other Passenger’s acceptance of these T&Cs and the Privacy Policy.
2. We have the right, exercisable in our sole discretion, to refuse to provide the Services to any Passenger for any lawful reason, including that We may have reason to believe that the Passenger is:
3. under the influence of alcohol and/or drugs;
4. a threat to the safety of the Services or the health of other passengers; or
5. acting in an inappropriate manner or otherwise unsuitable for the Services.

• A Passenger shall have no right to be reimbursed the fees paid to Us if we refuse to provide the Services to that Passenger on the basis of clause 3.8.All Passengers must be in good health to receive the Services and it shall be your responsibility to ensure that all Passengers seek medical advice to confirm their suitability for receipt of the Services.

• Minors

1. 1. Passengers who are younger than eighteen (18) years (“Minor”), must be accompanied by their parent and/or legal guardian and these T&Cs and Privacy Policy must be accepted by their parent and/or legal guardian. Verification of acceptance of these T&Cs and the Privacy Policy by the parent and/or legal guardian of a Minor shall be undertaken by (-).

1. 1. Where a Minor is included in a Booking, the Services shall not be deemed purchased by you until We receive the verification required under clause 4.1.

• Flight Times

We shall reasonably endeavour to meet the flight times indicated in the Booking. Flight times may however change (even on the same day) due to weather conditions, air traffic, operational or safety requirements and other matters beyond Our reasonable control. All flight times are approximate and subject to change due to matters beyond Our reasonable control. We shall not be liable for any damages or costs you may incur as a result of any change in flight time.

• Passenger Obligations

1. 1. The Passenger shall:
2. ensure that all information provided to Us is complete and accurate;
3. fully co-operate with Us in all matters relating to the Services;
4. provide Us with such information as We may reasonably require in order to provide the Services, and ensure that such information is complete and accurate in all material respects;
5. comply with all lawful instructions issued by Us, including before or during the provision of the Services; and
6. not endanger the health or safety of any person involved in the Services, including other passengers, Our employees and personnel, the pilot and crew.

Cancellation and Reschedule Policy

1. 1. You shall be entitled to cancel the Services purchased, subject to the following charges: [-]

1. 1. You shall be entitled to reschedule the Services purchased, subject to the following charges: [-].

1. 1. Your cancellation or rescheduling of the Services purchased, must be made by emailing Us at [-].

• Payments

1. 1. All prices shown on the Website are quoted in euro (€) and exclusive of eighteen per cent (18%) VAT. Any bank charges, payment charges or other charges which are beyond Our control shall be borne and paid by you.

1. 1. Payment must be made in full by credit or debit card for Bookings to be confirmed and Services. All payments shall be made without any set-off, deduction or deferment of any nature.

1. 1. Queries arising from payments made to Us must be communicated to Us in writing within fourteen (14) days from the date that We provide you with Our invoice.

• Weather Conditions & Cancellations by the Company

1. 1. The Services shall be provided subject to suitable weather conditions, air traffic, operational and safety conditions (“Conditions”).

1. 1. We shall have the right, exercisable in a reasonable manner, to determine whether the Conditions are suitable for provision of the Services and to cancel the Services if we deem that the Conditions are not suitable.

1. 1. In the event that a Service is cancelled by Us as we deem the Conditions to be unsuitable, We shall reimburse you the full amount paid to Us. We shall not be liable to you or any Other Passenger for any other costs or damages that may have been incurred, including any costs which may have been incurred for travel or accommodation.

• Passenger Weight Policy and Health

1. 1. There is an individual Passenger weight restriction of [-] kg. We shall however endeavour to accommodate any Passenger who exceeds this weight restriction. Additional charges may apply and/or an additional seat may need to be Booked in such instance.

1. 1. A Passenger that misrepresents his weight or any other information provided to Us will be considered to be in a material breach of these T&Cs and We may, in our sole discretion, prevent such Passenger from making use of the Services and in such case, the Passenger shall forfeit all sums paid to Us.

• Cameras

Passengers who wish to make use of cameras or similar equipment including equipment which may record images and sound do so entirely at their own risk and shall not infringe any law or third party rights.

• Baggage

1. 1. Every Passenger shall be allowed to carry one (1) bag which does not exceed [-] in weight and [-] by [-] in size.

• Data Protection

1. 1. We shall process the Passenger’s personal data in accordance with Maltese law and the Privacy Policy available at [-].

• Liability

To the fullest extent permitted by law, We (including Our employees, agents and personnel) shall not be held liable in any manner whatsoever by any Passenger in regard to the Services, except where the liability arises due to Our bad faith, wilful misconduct or gross negligence.

• Indemnity

The Passenger shall indemnify, defend and hold Us harmless against any and all liabilities, damages and expenses (including reasonable attorneys’ fees, costs and expenses) which We may incur or be obligated to pay as a result of the Passenger’s breach of these T&Cs.

• Third Party Rights

No party shall have any right to enforce these T&Cs except for Us and the Passenger.

• Severability

1. 1. If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remainder of these T&Cs shall not be affected.

• Force Majeure

1. 1. We shall bear no liability for loss, damage, delay or failure of performance however arising, caused in circumstances outside of its control including acts of God, civil commotion, strike, lock-outs, hostilities, fire, flood, drought or inability to provide the Service except at increased prices due to any of the foregoing causes and in these circumstances We may suspend or cancel in whole or in part the Service. We shall endeavour to notify the Passenger as quickly as reasonably possible if a force majeure event occurs.

1. 1. If force majeure occurs and results in cancellation of the Services, the full price paid to Us shall be refunded.

• Changes

1. 1. We reserve the right, exercisable at Our sole discretion, to modify or replace these T&Cs at any time.

1. 1. If We make any such changes or modifications, the updated version of these T&Cs will be posted on the Website and notified to you for acceptance on the email provided to Us. If you do not accept any change which We may have made, you shall have the right to cancel the Services and be reimbursed all sums paid to Us.

• Governing Law and Dispute Resolution

1. 1. These T&Cs are governed by and construed in accordance with the laws of Malta. Any dispute in connection with these T&Cs shall be subject to the exclusive jurisdiction of the courts of Malta.