Customer Terms and Conditions and Liability Release Agreement

Terms and Conditions

  1. Binding: Mirella Zephir Ltd (“MZL FLYn’Dive”), with central office at 92, Avenue des Tourterelles Morcellement Swan Pereybere Mauritius is the supplier of the “FLYn’Dive” activity. When you purchase an activity or book with a voucher from MZL FLYn’Dive or with a voucher provided by an external authorized provider you become legally bound by these terms and conditions (“T&C’s”). Please do not proceed and book an activity or complete a booking until you have first read, understood and accepted these terms and conditions. These booking terms and conditions apply to the booking of “FLYn’Dive” activities henceforth defined as the “Activities”. The “Activities” will also include any ancillary products that are associated with or purchased through MZL FLYn’Dive.

  2. General: These booking T&C’s contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these T&C’s.
 
  1. Validity of Booking: No booking shall be deemed to have been accepted unless signed and stamped by an authorized external agency or accepted in writing by MZL FLYn’Dive (which shall include our email confirmation of booking if booked via our online booking system).
 
  1. Validity of Voucher: The MZL FLYn’Dive Voucher is only valid, when the original and the first, yellow copy paper (“Yellow Voucher”) are presented to MZL FLYn’Dive before the activity. The Yellow Voucher will be collected and permanently kept by MZL FLYn’Dive for its procedures. MZL FLYn’Dive is not liable or responsible for any damage suffered as a result of loss of the Vouchers first, yellow copy-paper.
 
  1. Legal Qualification: You must agree to and sign this T&Cs in order to operate a FLYn’Dive-Device and you must be 18 years of age or older, unless there is a parent or legal guardian present who signs off on your behalf. Minimum age is 14 years old with signed guardian authorization and accompaniment during the Activity.
 
  1. Timeliness: MZL FLYn’Dive shall use its best endeavours to ensure that you and your party’s experience commences at the allocated time. MZL FLYn’Dive accepts no liability for any delay in your commencement time. It is your responsibility, and that of each participant, to ensure that you arrive on time. Late arrivals may not be permitted to undertake the Activity, or session times may be reduced. No refunds or compensation will be payable in such circumstances. Non-attendance shall result in the forfeiture of your session. No refunds or compensation shall be provided.
 
  1. Safety and Instructions: You must wear without exception a swim-vest, which is provided in sizes between XS and XXXL by MZL FLYn’Dive during the Activity on the sea. You will receive obligatory safety instructions and explanations at the beginning of the Activity which will require you beside others to pay attention to keeping distance to and to hold away after landing the water-pump-device, which is trailed by you and therefore follows to your location. You must agree and follow to the instructions of the Instructors of MZL FLYn’Dive concerning the whole Activity without hesitation and that you will perform the activity with a responsible behaviour to everyone and the environment.
 
  1. Your Physical Condition: You assure that you don’t suffer by health problems like problems with heart or blood circulation insufficiencies, high blood pressure, pregnancy, asthma, suffer from dizziness or epilepsy, damage to neck, back, spinal column, legs, eyes or other health insufficiencies and that you are at the time of Activity not influenced by alcohol, drugs or similar. Also you assure that you have a quite sufficient degree of sportive power and flexibility and that you can swim for a few minutes and dive for a few seconds. The onus is entirely on you to ensure you are physically fit for this activity. Furthermore you must have a shoe size between 6 and 14 due to the size of the bindings on the FLYn’Dive board and no Participant can exceed 140kg and you must fit into one of our swim-vests.
 
  1. Exclusion: If a responsible staff member of MZL FLYn’Dive has the Impression that you should not perform the Activity for reasons of health, alcohol or drugs, mind-set, intentions or behaviour you can be excluded at any time from performing the Activity. Only reasons of health conditions qualify in such a case for a refund.
 
  1. Availability, Rescheduling, Cancelation and Refund: All of the Activities offered are subject to the availability of licence, facilities, crew, proper and secure functioning of the equipment and sea weather conditions. Please be aware that the Activity is very sea weather sensitive (stream, waves, wind) and that weather can be still unpredictable and occasionally sessions do have to be cancelled because of this. It is at the sole discretion of MZL FLYn’Dive when availability is not given. We always try to contact and inform you as soon as possible, but we strongly recommend that you contact us before you depart for your session to confirm that it has not been cancelled, however please be aware that weather conditions on the day can change quickly and the Activities can still be cancelled after the session has commenced should the activity be deemed unsafe. In case of cancelation by MZL FLYn’Dive or rescheduling to a date when you will not stay on Mauritius anymore you will be refunded by the party where you paid. In the event of cancellation, MZL FLYn’Dive shall not be held liable for any losses or costs associated with travel expenses, pre-booked accommodation, insurance premiums or any other expenses incurred by the purchaser or participants.
 
  1. Duration and Time of Activity: The time of your “Activity” is a guide time only, there is no guarantee that you will commence or complete your session at the exact time given on your booking confirmation; however we try to adhere to these times as closely as possible. Please allow plenty of time on site. We recommend a minimum of 120 minutes. Where the duration of an activity is mentioned on our website or marketing material or by a member of our team, this is an approximate guide to the length of time you should expect to be at the venue. The duration may vary slightly from time to time and is always dependant on the number of participants in your party.

LIABILITY RELEASE AGREEMENT

  1. ASSUMPTION OF RISK: I know and understand the scope, nature, and extend of the risks involved in the Activities covered by this Agreement. I understand these risks include, but are not limited to: equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improperly and/or negligent assembly; improper and/or negligent use of the water sports device and related equipment; carelessness and/or negligent instruction and/or supervision. I will not engage in reckless, negligent or foolish behaviour or any other behaviour likely to cause injury to me, any other participant, FLYn’Dive or any other person whatsoever. I agree to abide by the Rules at all times while I am undertaking and participating in the FLYn’Dive activities. I acknowledge I am engaging in the Activities for enjoyment, relaxation or leisure and that the Activities involve a significant degree of risk of physical harm. I personally and voluntarily assume all the risks for any harm, trauma, injury or damage that I may suffer to my person or my property whether foreseen or unforeseen in connection with the Activities. I certify that I have been advised of the inherent risks associated with the Activities and I voluntarily choose to participate in the Activities fully accepting such risks, should they arise, may cause personal injury, death or property damage. I acknowledge that MZL FLYn’Dive may restrict my participation in the Activities if MZL FLYn’Dive in its absolute and unfettered discretion, deems that I am behaving in an unacceptable behaviour. I agree to follow the directives of FLYn’Dive at all times. I agree that if I am injured or observe any other participant to be injured, I shall immediately notify MZL FLYn’Dive of the incident.

 

  1. RELEASE FROM LIABILITY / WAIVER: I unconditionally release, waiver, discharge and forever hold harmless, MZL FLYn’Dive from all Claims for Any Loss sustained by me whether caused by MZL FLYn’Dive’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error or otherwise in connection with the Activities offered by MZL FLYn’Dive. If, despite these terms, it is found that MZL FLYn’Dive is liable to compensate me then such liability is limited to the cost of the Activities provided to me, the Participant, by MZL FLYn’Dive and to the insurance sum payable by the insurer of MZL FLYn’Dive. I agree that this Deed may be pleaded as a bar to any action, suit or proceedings taken at any time by me against MZL FLYn’Dive arising out of or as a consequence of the Activities offered by MZL FLYn’Dive. I further agree that my heirs, executors, administrators, personal representative, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the released parties, nor that they initiation or assist in the prosecution of any claim for damages or causes of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by the negligence and or other fault, either active or passive, of any of the released parties, or from any other cause. By signing this agreement, I hereby instruct my heirs, executors, administrators, personal representatives and/ or anyone claiming on my behalf not to pursue any claims against Mirella Zephir Ltd or any released parties for damages, injury or death.

 

  1. INDEMNITY AGAINST THIRD PARTY CLAIMS: I will indemnify, same and hold harmless the released parties from any and all claims, losses, and actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the Activities covered by this T&C’s, whether resulting from the negligence and/or other fault, either active or passive, of any of the released parties or from any other cause.

 

  1. SEVERABILITY: I agree that should one or more provision in this Contract be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me.

 

  1. CONTINUATION OF OBLIGATIONS: I agree and acknowledge that the terms and conditions of this Contract shall continue in full force and effect now and in the future at all times during which I use the MZL FLYn’Dive-Device, either directly or indirectly, in all the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and or anyone else claiming on my behalf.

 

  1. ACKNOWLEDGMENT: I hereby acknowledge by my signature on the front page that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions. I further acknowledge that I have signed this document of my own free will and without any representation or inducement by MZL FLYn’Dive, its agents or employees.

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