SkyTrikes Bookings

SkyTrikes is the seller of Trial Instructional Flights ('TIF') and Weightshift Pilot License courses in various locations throughout the USA and other ancillary items, including but not limited to certificates, photographs, videos, merchandise, food and beverages. All dealings with SkyTrikes will be on these Terms of Trade (Terms) unless otherwise agreed in writing with SkyTrikes.

1. THE TIF
SkyTrikes reserves the right to add, withdraw, substitute and/or vary advertised flights, prices and departure times for the TIF or Gift Certificate without notice. However, reasonable effort will be made to maintain arrangements as advertised.

2. CHECK-IN FOR THE TIF
All SkyTrikes Flight Participants are required to arrive and 'check-in' at SkyTrikes' premises, or such premises as nominated, at least 30 minutes prior to the advertised departure time on the SkyTrikes Flight Participant's ticket, voucher or confirmation letter. Arrival after this time may result in cancellation of the TIF at SkyTrikes' discretion, without refund.

3. REQUIREMENTS TO PARTICIPATE IN THE TIF
SkyTrikes Flight Participants must hold a valid SkyTrikes ticket, gift certificate or confirmation letter. Participation may be refused if tickets or vouchers are damaged or defaced in any way or not purchased from an authorised point of sale. Should a dispute arise over validity, SkyTrikes reserves the right to refuse participation in the TIF unless the SkyTrikes Flight Participant is able to show proof of their identity.

SkyTrikes Flight Participants must be 15 years of age and over, be of sound mind and be in good health. Each SkyTrikes Flight Participant will be issued with a temporary membership of the United States Hang Gliding Association (USHGA) in order to undertake their TIF.

All SkyTrikes Flight Participants will be required to sign a Declaration Form which includes, but is not limited to, statements that:

    i. The SkyTrikes Flight Participant does not suffer from any medical condition which may prevent the participant undertaking the TIF, including, but not limited to, vertigo, fear of heights, epilepsy, dizziness, limb or back injury, angina or other heart condition, severe or uncontrolled asthma, visual impairment, depression or is pregnant or recovering from recent surgery.

    ii. The SkyTrikes Flight Participant undertakes and participates in the TIF at their own risk and acknowledges that sports such as hang gliding, paragliding and Weightshift Microlighting are dangerous and have inherent risks, both known and unknown, which include serious injury and death.

SkyTrikes Flight Participants will not be permitted to participate in the TIF if their Blood Alcohol Concentration is greater than 0.00% or if they are under the influence of drugs (legal or illegal). SkyTrikes reserves the right to perform a breath test on all SkyTrikes Flight Participants. Should a person refuse to be breath tested then they will also be refused permission to participate, without refund.

4. SKYTRIKES' ABILITY TO REFUSE PARTICIPATION
SkyTrikes reserves right to refuse any person, for whatever reason, participation in the TIF, in its absolute discretion, whether or not they have previously purchased a ticket. A person will be reimbursed for tickets previously purchased should they be refused permission to participate on grounds other than those set out above.

5. DURING THE TIF
SkyTrikes Flight Participants will be supplied with equipment to use during the TIF without which they will not be permitted to participate in the TIF.

SkyTrikes Flight Participants are not permitted to take any other items on the TIF (including cameras, videos, audio, pagers, mobile phones, handbags, and any other items of a personal nature) other than those supplied by SkyTrikes. All SkyTrikes Flight Participants will be provided with a secure location to store their personal belongings. In order to ensure that unauthorized items are not carried on the TIF, SkyTrikes Flight Participants may be required to pass through a metal objects screening system.

All SkyTrikes Flight Participants must obey the directions and instructions of SkyTrikes' Flight Instructor, must not disturb other SkyTrikes Flight Participants or interfere with the SkyTrikes Flight Instructor's ability to conduct TIF's in a safe and secure manner and must not damage, deface or remove any part of the SkyTrikes equipment being used. SkyTrikes retains the right to terminate the TIF at any time, for any SkyTrikes Flight Participant who does not comply with these terms, without refund.

6. MISCELLANEOUS TERMS
Photographs purchased from or supplied by SkyTrikes remain copyright to SkyTrikes and may only be used or reproduced by the purchaser or recipient for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier's products or services, without SkyTrikes' prior written permission.

No smoking is permitted at any of SkyTrikes' operational locations.

All pagers and mobile phones must be turned off once SkyTrikes Flight Participants enter SkyTrikes' operational premises.

SkyTrikes reserves the right to inspect any bag or container brought onto SkyTrikes' premises.

All ancillary items purchased (e.g. T-shirts, Caps) at the time of purchasing a ticket may only be collected on the day of the TIF unless otherwise arranged with SkyTrikes. These items may only be claimed on presentation of the ticket (or on proof of identity so long as the ticket was purchased in the individual's name) and on signing for the goods received as proof of delivery.

7. TERMS OF PAYMENT
SkyTrikes tickets are non-refundable, non-transferable and specific to the TIF specified in the booking. TIF's and Gift Certificates, rights or entitlements to TIF's and Gift Certificates, or to purchase TIF's and Gift Certificates must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion of any supplier or any supplier's products or services, without SkyTrikes' prior written permission.

Bookings can only be changed up to 7 days prior to the original TIF date, and changed only by time or date to another available time or date, and not reduction in number or change of identity of SkyTrikes Flight Participants. SkyTrikes reserves the right to charge a booking fee on the purchase of tickets and an administration fee should tickets purchased be changed to another date or time.

All TIF's must be paid for at the time of booking unless otherwise agreed by SkyTrikes in advance, and then only after filling out a credit application form. Payment for credit sales must be made 14 days from date of invoice. SkyTrikes reserves the right to cancel tickets purchased in advance, which are not paid for.

8. CANCELLATION AND REFUNDS
TIF's will not proceed should SkyTrikes decide that the weather makes the participation in a TIF unsafe, or for any other reason, at the absolute discretion of SkyTrikes and/or SkyTrikes Flight Instructors.

Should a TIF not proceed then SkyTrikes Flight Participants will either be re-booked at the earliest possible time at the convenience of the SkyTrikes Flight Participants taking into account available places - such re-booking is valid only for a period of 12 months from the day of ticket purchase - or be issued with a refund voucher in the case of purchases bought through an agent, or be reimbursed the price paid for the ticket. The relevant party who has sold the ticket to the SkyTrikes Flight Participant will make all reimbursements.

There will be no refund of a ticket by SkyTrikes except in accordance with these terms or as agreed in writing by SkyTrikes. Refunds will only be made to the person who purchased the ticket from SkyTrikes.

9. SKYTRIKES' LIABILITY
To the extent permitted by law, SkyTrikes, HGFA and any Land Owner where SkyTrikes operates, excludes liability and will not be responsible for any loss, damage or injury arising from or connected with the TIF, no matter how that loss, damage or injury is caused. In particular, SkyTrikes, HGFA and any Land Owner will not be responsible for loss or damage arising from a Participant's failure to obey SkyTrikes' instructions or from any pre-existing medical or psychological condition. Further, but only to the extent permitted by law, SkyTrikes, HGFA and any Land Owner will not be responsible for loss or damage arising from any negligent act or omission of SkyTrikes or any person for whom SkyTrikes is responsible. Certain laws imply non-excludable conditions and warranties. This provision does not exclude those conditions and warranties but limits SkyTrikes, HGFA and any Land Owners liability in relation to these to provision of services provided by SkyTrikes, to the provision of those services again, or refund of the cost of those services.

SkyTrikes, HGFA and any Land Owner is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in a scheduled TIF taking place.

SkyTrikes will use its best endeavors to provide secure locations for the safekeeping of valuables and luggage. SkyTrikes however requests that valuables are not brought onto SkyTrikes operational locations and it accepts no responsibility for any loss through theft, breakage or otherwise, if valuables are brought onto these locations.

10. Where an agent on behalf of SkyTrikes enters into a sale, booking or any other transaction then that agent shall indemnify SkyTrikes for any loss, damage or expense incurred by SkyTrikes as a result of any misrepresentation, breach of contract or act of negligence by the agent.

11. GIFT CERTIFICATES
Terms applicable to the sale of Gift Certificates are as follows:

Gift Certificates will be sold either for a specific TIF, specific TIF type or for a specific amount. Gift Certificates are non-refundable but transferable. Gift Certificates must not be offered as prizes or resold or used for any commercial purpose, including promotion of any supplier or any supplier's products or services, without SkyTrikes' prior written permission.

SkyTrikes reserves the right to discontinue the sale of any item purchased on a Gift Certificate, but agrees to replace the item discontinued with any other item to the same value.

Whilst SkyTrikes uses its best endeavors, factors such as weather, equipment, pressure of prior bookings or other non related reasons, may mean that Gift Certificates cannot be redeemed at your SkyTrikes location of choice, on your day of choice, in your session of choice and because of these unknown factors SkyTrikes makes no warranties, express or implied, that such Gift Certificate redemption will be successful at the chosen location, on the day, or session of your choice. SkyTrikes will use its best endeavors to assist alternate booking arrangements.

A Gift Certificate must be redeemed within 12 months from date of purchase and the TIF must take place within the 12 months.

12. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of California. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the State of California, U.S.A. to the exclusion of the Courts of any other State or Country.