1. Definitions and Interpretation.
“Seats” shall refer to the seats on the DITS platform;
“Event” shall refer to the DITS dining experience;
“Venue” shall refer to any facility or location whereby the Event is being held;
“We”, “us” or “our” shall refer to Dinner In The Sky (Malta) Limited; and
“You”, “your” or “Customer” shall refer to any seat purchaser or anybody who in our reasonable opinion is acting with your authority or permission.
All prices quoted are in Euros and include local taxes.
All Seats are sold subject to availability and these Terms and conditions. These Terms and conditions should be read carefully prior to purchase and any inquiries relating to them should be raised with us prior to purchase, as purchase of Seats constitutes acceptance of these terms and conditions.
You shall receive confirmation of your Seat purchase from the System through the e-mail address provided by the Customer.
You shall not decide on the arrangement of Seats during the event; all such seating arrangement decisions shall be made in our sole discretion.
A valid Seat confirmation must be produced to gain access into the event. A Seat is only valid on the date of the event only. 1 Seat admits 1 person only.
Removing any part of, altering or defacing the Seat confirmation may invalidate your Seat. It is your responsibility to check your Seat during the purchase process on our System. Any mistake made during the purchase cannot be rectified after the purchase. Please check your Seat confirmation carefully and contact us immediately if there is a mistake.
The resale and/or transfer of a Seat is strictly prohibited. We reserve the right to cancel any Seat that have been resold, transferred or gifted.
Any use of the Dinner in The Sky System website, its contents and data for any unlawful activities, as well as for the purpose of sale or resale of Seats, for advertising or business purposes or otherwise for receiving any benefits, including intermediation of Seats, is strictly prohibited without our prior written consent.
All sales are final. Once a Seats is sold, no refund or cancellations will be allowed unless for the following reasons.
- Cancellations made 3 or more days in advance of booking date will be given a refund less 10% administration fee or you may reschedule your flight date.
- However groups of 6 or more must provide at least 5 days’ notice.
- For Groups of 10 or more, we require a 14 day notice period.
- We may accept cancellations with shorter notice if we are confident that we can fill your seats.
We will not be responsible for any Seat confirmation that is lost, stolen or destroyed.
Ownership or possession of a Seat confirmation does not confer any rights (by implication or otherwise) to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Seat confirmation. All such rights are expressly reserved.
Any Seat or Seat confirmation obtained in breach of these terms and conditions shall be void and all rights conferred or evidenced by such Seat shall be void. Any person seeking to use such a void Seat in order to gain or provide entry to our event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Seat are non-refundable.
You may transfer the Seat to another person if you are unable to attend the dinner by informing the us no less than forty-eight (48) hours before the Event via email at: email@example.com together with the info of your replacement such as: (i) full name; (ii) driver’s license number or Passport number; and (iii) address.
By performing any action on the System’s Site, Customer confirms that:
- S/he is an individual of at least eighteen (18) years of age, not pregnant and maintains the full passive and active legal capacity for using the System. For safety reasons, Pregnant women are not allowed to experience the DITS Event.
- It is a legal entity whose representative has all the powers to use the System services in the name of that entity, and to assume any obligations for that legal entity.
3. Price & Payment.
The price of the Seat shall be the price set at the time we accept your order.
Please be advise that additional service, credit/debit card or banking fees may be charged per Seat in certain instances.
4. Changes to Event.
The Organiser may postpone, delay, cancel, interrupt or stop the Event due to adverse weather, lack of permits and/or other legal obstacles, dangerous situations, or any other causes beyond our reasonable control. The Organiser may also change the location/venue of the Event. Should the Venue be changed, we will use our reasonable and best endeavours to notify you.
In the event of the Event being delayed, cancelled or postponed, we cannot be held responsible for any costs incurred by the Customer for travel, accommodation or any other related fees or services. Decisions to postpone or delay Events are not under the our control; therefore we are not liable and will not offer compensation or refunds of any such costs incurred. A full refund (on the fee of the Seat only) will be given if an Event is fully cancelled.
Customer agrees that we shall not be liable for (i) any delays in the delivery and/or non-delivery of any Seat confirmation; (ii) anything affecting the production of an Event of an act of God, action by any government entity, electronic malfunction or any condition beyond the control of us; and (iii) consequential damages of any nature whatsoever. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR PURCHASE OF A SEAT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL OUR LIABILITY HERE-UNDER EXCEED THE PRICE OF THE SEATS PURCHASED BY YOU.
6. Cancelled or Re-scheduled of Event.
It is your responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, we will use our reasonable and best endeavours to notify you.
7. Use of Details and Data.
Information is collected from those registering in the system in order to facilitate Seat purchase or other services available. Because we value your privacy we have taken the necessary precautions to be in compliance with local Data Protection Act. We therefore will not distribute your Personally Identifiable Information to outside parties without your express consent.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our site and/or member sites may not work properly in your case.
8. Conditions of Admission.
You must be at least eighteen (18) years of age to be able to take part in the DITS dining experience. Persons under 18 may participate if accompanied by an adult and at least 145cm tall.
Punctuality is very important for the DITS dining experience. You are advised to arrive at least 15 minutes before the scheduled time as designated by your Seat confirmation. If there is a delay on your arrival and the platform has already been lifted, we will not lower the platform for you and your Seat will be cancelled automatically, with no refund given.
You are advised to dress appropriately for the weather. Please be advised that at approximately 160 feet (or 50 meters) in the air the wind can be stronger and the temperature can be lower than usual. Once the platform has already been lifted, we will not lower the platform for you to entertain requests to change your attire.
We cannot guarantee that participating chefs and restaurants will prepare dishes without common allergens, such as nuts, dairy, gluten, etc. You are advised to go through the menu at our website before purchasing a Seat. You shall be responsible for your own health and safety and shall observe any and all precautions regarding your medical condition inter alia diabetes, food allergies etc. without any recourse towards us.
We reserve the right to refuse or deny your admission to the venue in reasonable circumstances including health and safety matters, licensing reasons or where a Seat is void. We also reserves the right to request you to leave the venue at any point of time on any reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Organizer may remove anybody who:
- behaves in a manner which, in our reasonable opinion has, or is likely to affect the enjoyment of other Customers; or
- uses threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may disturb the peace or safety of other Customers; or
- in our reasonable opinion, you are acting under the influence of alcohol or drugs.
You must comply with our reasonable health and safety instructions and directions at all times, as administered directly by us, our staff or stewards on duty. No refunds will be given to those who have been denied entry due to their own behavior or failure to comply with all applicable rules.
You voluntarily assume all risk and danger incidental to the Event whether occurring prior to, during or subsequent to the actual Event, including any death, personal injury, loss, damage or liability.
DITS does not limit in any way the participation of any disabled person, but the said individual MUST provide sufficient information (in writing) regarding their medical condition to us prior to purchasing a Seat. We will then assess the situation and people trained in safety and health measures will decide whether the individual may or may not participate. The health and safety of our Customers is our number one priority.
9. Safety Rules for the Event.
We have the discretion to decide on the height of the table once it is lifted, based on the recommendation from our safety officer at any particular day or time.
In the case of adverse weather conditions, we have the rights to delay the dining session (at our discretion but with a maximum delay of 2 hours only). If the conditions of the weather do not improve, you will be issued a full refund.
For safety reasons, you must be at least a 145cm in height and weigh a maximum of 330 pound (150kg) to enjoy DITS.
We strongly suggest you to avoid wearing open shoes or shoes without laces on the day of the Event.
Safety belts are for your protection. Leave them as they are and do not try to open them at any point during the dining session.
It is strictly forbidden to throw anything from the table at any time. Failure to adhere to this condition will lead to ejection and shall be asked to leave the venue at any point of time with no refund will be given.
Smoking is strictly prohibited during all DITS experiences. Failure to adhere to this condition will lead to Seat purchasers being asked to leave the venue with no refund.
Only small items such as cell phone or cameras will be allowed to be brought together with you to the table during the dining session. Lockers will be provided for large items such as handbags. It is your responsibility to keep your personal belongings like cell phones, cameras safe. We are not to be held responsible for the damage or loss of your personal possessions.
You are obliged to adhere and obey any reasonable health and safety instructions given by our staff at all times. Touching any operational device or machinery is strictly prohibited and may result in legal action being taken.
10. Restrictions and Prohibitions.
The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside the Event venue is strictly forbidden, unless for personal use only. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made during the Event constitute a breach of these conditions and shall automatically belong to us. We will not be held liable for any loss, theft or damage to any confiscated items.
We reserve the right to use any photographs and/or videos taken at any DITS Event, without the expressed written permission of those included within the photographs and/or videos. We may use the photographs and/or videos in publications or other media material produced, used or contracted by us including, but not limited to, brochures, invitations, books, newspapers, magazines, television, websites, etc.
Any person desiring not to have their photo taken or distributed must inform us in writing of his/her intentions and include his or her photograph. We will use the photo for identification purposes and will hold it in confidence.
The following are not permitted within any DITS venue:
- Your own food and drink (unless expressly permitted by us);
- Bottles, cans or glass containers (unless expressly permitted by us);
- Any item which may be interpreted as a potential weapon, including sharp or pointed objects (e.g. knives);
- Illegal substances;
- Professional/ commercial recording devices.
You are agreeing to follow directions given by our authorised personnel and to submit to any searches for prohibited items including weapons, controlled, dangerous and illegal substances.
We, the venue owner, the sponsors, the contractors, their agents and employees shall not be liable for any death, personal injury, loss or damage caused while at the venue or during the Event, nor will they be liable for any postponement of the Event. You are purchasing and accepting the Seat voluntarily and assumes all risk and danger incidental to the event whether occurring prior to, during or subsequent, to the event, including death, personal injury, loss, damage and liability.
11. Weather Conditions.
We maintain the full rights to cancel and move booking dates subject to conditions deemed unsafe such as the following (with no refunds):
- Heavy rain/ thunderstorms
- High Wind
- We have the full right to completely cancel any dining session subject to conditions deemed unsafe such as the following (with full refunds given for Seat purchased only):
- Power Failure by the venue provider;
- Flooding, hurricane, earthquake or any Force Majeure event at the venue; and
- Any politically motivated restriction/strike/curfew at venue or its surrounding.
12. Governing law, jurisdiction and dispute resolution
The Agreement and these Conditions shall be governed by and construed in accordance with the laws of Malta. The parties agree to submit to the exclusive jurisdiction of the Courts of Malta in respect of any dispute which arises out of or under this Agreement.