Terms and Conditions
Last updated: 10-September-2024
Welcome to Waypoints Aviations (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website and services, including our A320 flight simulator experiences based in Dubai. By accessing our website or using our services, you agree to comply with and be bound by these Terms.
1. Acceptance of Terms
By using our website or services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our website or services.
2. Definitions
- “Services”: Refers to all products and services offered by Waypoints Aviations, including flight simulator experiences and website usage.
- “User,” “You,” or “Your”: Refers to any individual who accesses or uses our Services.
3. Eligibility
You must be at least 18 years old to book our services. Minors must be accompanied by a parent or legal guardian who agrees to these Terms on their behalf.
4. Booking and Payment for Simulator Experiences
- Booking Process: Reservations can be made online through our website or by contacting our customer service.
- Payment: Full payment is required at the time of booking unless otherwise specified. We accept major credit cards and other payment methods as indicated on our website.
- Pricing: All prices are listed in United Arab Emirates Dirham (AED) and include applicable taxes unless stated otherwise. Prices are subject to change without prior notice.
- Confirmation: A booking is only confirmed when you receive a confirmation email from us.
5. Webshop Purchases
5.1 Product Information
- We strive to display accurate product descriptions and images. However, we do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free.
5.2 Order Acceptance and Payment
- Order Acceptance: All orders placed through our webshop are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason.
- Payment: Payment must be made at the time of purchase. We accept major credit cards and other payment methods as indicated on our website.
- Pricing: All prices are listed in AED and include applicable taxes unless stated otherwise. Prices are subject to change without prior notice.
5.3 Shipping and Delivery
- Shipping Areas: We ship to selected countries as specified on our website.
- Shipping Fees: Shipping fees are calculated at checkout and are the responsibility of the customer unless otherwise stated.
- Delivery Timeframes: Estimated delivery times are provided for reference and are not guaranteed.
- Customs and Duties: International orders may be subject to customs duties and taxes, which are the responsibility of the customer.
5.4 Returns and Refunds
- Return Policy: You may return most new, unopened items within 14 days of delivery for a full refund. Items must be returned in their original condition.
- Return Process: To initiate a return, please contact our customer service for instructions.
- Non-Returnable Items: Certain items, such as customized products or perishable goods, are non-returnable unless defective.
- Refunds: Refunds will be processed within 14 days after we receive the returned item.
6. Sale of Full-Fledged Simulators
6.1 Product Information
- We offer full-fledged flight simulators for sale, which may include customized configurations to meet specific customer requirements.
6.2 Quotation and Order Process
- Quotation: Interested buyers must request a formal quotation. Prices are subject to change until a contract is signed.
- Contract Agreement: A binding contract is established upon the signing of a sales agreement by both parties.
- Deposit: A non-refundable deposit may be required at the time of order placement, as specified in the sales agreement.
6.3 Payment Terms
- Payment Schedule: Payment terms, including any deposits, milestones, and final payments, will be detailed in the sales agreement.
- Methods of Payment: Acceptable payment methods will be specified in the sales agreement. All payments must be made in AED unless otherwise agreed.
6.4 Delivery and Installation
- Delivery Timeframe: Estimated delivery and installation dates will be provided but are subject to change due to manufacturing or logistical considerations.
- Shipping and Installation Costs: All costs associated with shipping, handling, insurance, and installation are the responsibility of the buyer unless otherwise specified.
- Risk of Loss: Risk of loss passes to the buyer upon delivery of the simulator to the carrier.
6.5 Acceptance and Testing
- Upon installation, an acceptance test will be conducted to ensure the simulator meets the agreed specifications. Acceptance criteria will be detailed in the sales agreement.
6.6 Warranty
- Warranty Period: A warranty period, as specified in the sales agreement, will commence upon successful acceptance testing.
- Warranty Coverage: The warranty covers defects in materials and workmanship under normal use.
- Exclusions: The warranty does not cover damages resulting from misuse, unauthorized modifications, or external factors.
6.7 Support and Maintenance
- Post-warranty support and maintenance services may be offered under separate agreements.
6.8 Limitation of Liability
- Our liability for any claims arising from the sale of simulators is limited to the amount paid by the buyer under the sales agreement.
7. Cancellation and Refund Policy for Simulator Experiences
- Customer Cancellations: Cancellations made at least 48 hours before the scheduled session are eligible for a full refund. Cancellations made within 48 hours of the session are non-refundable.
- Rescheduling: You may reschedule your booking once without any penalty if you notify us at least 24 hours before your scheduled session.
- Company Cancellations: We reserve the right to cancel or reschedule sessions due to unforeseen circumstances such as technical issues or weather conditions. In such cases, you will be offered a full refund or the option to reschedule.
8. Use of Services
- Safety Compliance: You agree to follow all safety instructions and guidelines provided by our staff. Failure to comply may result in the termination of your session without a refund.
- Conduct: You are expected to behave responsibly and respectfully. We reserve the right to refuse service to anyone acting inappropriately.
- Prohibited Activities: You must not engage in any activity that interferes with or disrupts our Services.
9. Medical Conditions
By participating in our flight simulator experiences, you confirm that you are in suitable health and physical condition. Please consult with a healthcare professional if you have any concerns. You must inform us of any medical conditions or special requirements at the time of booking.
10. Intellectual Property Rights
All content on our website, including text, graphics, logos, images, and software, is the property of Waypoints Aviation and is protected by international copyright laws. Unauthorized use of any content is strictly prohibited.
11. Limitation of Liability
- Assumption of Risk: Participation in flight simulator experiences involves certain risks. By using our services, you assume all risks associated with the experience.
- No Liability for Indirect Damages: We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services.
- Maximum Liability: Our total liability to you for all losses arising under or in connection with these Terms shall not exceed the total amount paid by you for the Services.
12. Disclaimer of Warranties
Our services are provided on an “as is” and “as available” basis. We make no warranties or representations, either express or implied, regarding the accuracy, reliability, or completeness of the content on our website or the quality of our services.
13. Indemnification
You agree to indemnify, defend, and hold harmless Waypoints Aviation, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services, or your violation of these Terms.
14. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from events, circumstances, or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, or natural disasters.
15. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which governs the collection and use of your personal information.
16. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by Waypoints Aviation. We have no control over, and assume no responsibility for, the content or practices of any third-party sites.
17. Termination
We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
18. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
19. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Waypoints Aviation.
20. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms to any third party without notice to you.
21. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Waypoints Aviations concerning your use of our Services and supersede any prior agreements.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates. Any disputes arising from these Terms or your use of our Services shall be resolved in the courts of Dubai.
23. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, the parties shall attempt to resolve the dispute through amicable negotiations. If such efforts fail, the dispute shall be referred to and finally resolved by the courts of Dubai.
24. Compliance with Laws
You agree to comply with all applicable laws and regulations of the United Arab Emirates while using our Services.
25. Electronic Communications
By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our Services.
26. Language
These Terms and any related documents are in English. If they are translated into another language, the English version shall prevail in the event of any inconsistencies.
27. Photography and Media
We may take photographs or videos during your session for promotional purposes. By participating, you grant us the right to use such media on our website, social media platforms, and marketing materials. If you prefer not to be photographed or recorded, please inform us prior to your session.
28. Feedback
Any feedback, comments, or suggestions you may provide regarding our Services is entirely voluntary, and we will be free to use such feedback as we see fit without any obligation to you.
29. Medical Emergency
In the event of a medical emergency during your session, you authorize us to seek medical assistance on your behalf. You agree to bear any costs associated with such medical services.
30. Contact Information
If you have any questions or concerns about these Terms, please contact us:
Waypoints Aviation
Dubai, United Arab Emirates
Email: [email protected]
Phone: +971 56 1 555 100