TERMS AND CONDITIONS OF PARTICIPATION

References to "we," "us," and "our" are references to the Company. References to "you" and "your" are references to the Participant.

Headings are for convenience only and shall not affect the interpretation of these Terms.

Where the context permits, words importing the singular include the plural and vice versa.

By submitting a booking, making payment, or otherwise participating in an Experience, the Participant acknowledges that they have read, understood, and agree to be bound by these Terms in their entirety.

Where a Participant is a minor, these Terms are accepted on the minor's behalf by the accompanying parent or legal guardian, who thereby accepts joint responsibility for the minor's compliance with these Terms.

These Terms operate in addition to, and not in substitution for, the Waiver referred to at Clause 10, and, where applicable, any conditions of entry imposed by the Facility Provider or by the relevant free zone security authority.

The fact that the simulator equipment used to deliver the Experience is of a type also used for professional airline pilot training describes the specification of that equipment only, and shall not be interpreted as altering the characterisation of the Experience set out in Clause 3.1.

For the avoidance of doubt, nothing in these Terms, on the Site, or communicated by the Company or any individual acting on its behalf, shall be construed as a representation that the Experience constitutes flight training.

It shall be the sole responsibility of the Participant to assess their own fitness to participate under this Clause 4 prior to attendance. No disclosure to the Company is required: a Participant who meets any of the criteria in Clause 4.1(b) or 4.1(c) must simply not book or attend, without any obligation to explain why. The Company reserves the right, in its sole discretion, to refuse participation, or to terminate an Experience already in progress, without liability or refund, where a Participant appears unfit to participate safely.

The Experience is delivered at the Facility, which is owned and operated by the Facility Provider, a third party unrelated to the Company save by way of commercial arrangement. The Company curates, markets, and supervises the Experience delivered at the Facility pursuant to that arrangement.

The Participant shall, at all times while at the Facility, comply with all rules, directions, and policies issued by the Facility Provider, in addition to these Terms, including without limitation any safety or security requirements communicated on arrival.

Save as expressly set out in these Terms, the Company shall not be liable for any act, omission, condition, or failure of the Facility or the Facility Provider.

For the avoidance of doubt, references in the Company's branding to "Dubai" are adopted for the purposes of international recognition only and do not constitute a representation as to the geographic location of the Facility, which is situated in Sharjah, United Arab Emirates as set out in Clause 1.1.

The Facility is situated within a security-controlled airport free zone. Access is contingent upon a valid security pass, which the Company shall arrange on the Participant's behalf in advance of the scheduled Experience.

Access to the Facility is granted at the sole discretion of the relevant security authority and is not guaranteed by the Company. Where a Participant is denied access owing to a security refusal, or owing to incomplete, inaccurate, or untimely provision of the identification required under this Clause 6, such denial shall be treated as a non-attendance for the purposes of Clause 8, and no refund shall be payable.

A booking shall in the first instance constitute a request only. Upon confirmation of a date and time by the Company, the Participant shall be issued a payment link, and payment in full shall be a condition precedent to attendance.

Fees payable shall be those published at the time of booking. Any optional add-ons selected shall be charged in addition to the base fee for the Experience.

Gift vouchers issued by the Company shall be valid for a period of six (6) months from the date of purchase and may be redeemed against any Experience offered by the Company at the time of redemption, and not solely the Experience originally purchased.

The validity period referred to in Clause 7.3 shall not be extended under any circumstances. A gift voucher not redeemed prior to the expiry of its validity period shall lapse automatically upon expiry, and the holder shall thereafter have no right to redeem, exchange, or obtain a refund in respect of that voucher.

If the Company ceases to trade, or ceases to offer any Experience capable of redemption, prior to the expiry of a gift voucher's validity period, the Company shall have no obligation to refund, replace, or otherwise compensate the holder in respect of any unredeemed value.

All bookings are, upon confirmation, non-cancellable and non-refundable.

The Participant acknowledges that no right to reschedule a confirmed booking exists under these Terms. The Company may, in exceptional circumstances and entirely at its own discretion, consider a request to reschedule; no such request shall be granted as of right, and the Company gives no assurance that an alternative date or time will be available.

Where a Participant arrives after the scheduled commencement time of an Experience, the duration of that Experience shall be reduced accordingly, such that it shall end at the time originally scheduled. No compensation, extension of time, or refund shall be payable in respect of time lost as a result of a late arrival, irrespective of whether the delay was caused by the Participant or by circumstances beyond the Participant's control.

The Participant shall conduct themselves at all times in a manner that is safe, respectful, and lawful toward the Company's staff and pilots, the Facility Provider's staff, other Participants, and the Facility and its equipment.

The Company reserves the right to refuse entry to, or to terminate the Experience of, any Participant in breach of this Clause 9, without liability or refund. Where the Company reasonably believes that conduct may be unlawful or may present a risk to safety or security, it reserves the right to report such conduct to the relevant authorities.

The Participant shall be liable to the Company for the cost of repair or replacement of any property damaged as a result of their wilful act or gross negligence.

Prior to commencement of an Experience, each Participant shall be required to execute the Waiver as a condition precedent to participation. Acceptance of these Terms at the time of booking is separate from, and does not substitute for, execution of the Waiver.

The Participant acknowledges that participation in a full-motion simulator Experience carries inherent risks, including without limitation risks associated with motion, acceleration, and confinement within an enclosed mechanical environment, and, by participating, accepts such risks.

Nothing in these Terms shall operate to exclude or limit liability for death or personal injury arising from the proven negligence of the Company, or any other liability which cannot lawfully be excluded or limited under the laws of the United Arab Emirates.

The Participant shall indemnify and hold harmless the Company against any claim, loss, damage, or expense arising out of or in connection with: (a) the Participant's breach of these Terms; (b) the Participant's misconduct; or (c) the Participant's failure to meet the eligibility criteria set out in Clause 4.

Photographic or video content may be captured by the Company's staff during an Experience for the purpose of delivering that Experience, including any footage or certificate forming part of the purchased package.

Unless a Participant informs their assigned pilot, prior to the commencement of their Experience, that they do not wish to be photographed or filmed for marketing purposes, the Company may capture, use, and publish photographs and video footage of that Participant taken during the Experience for its own marketing purposes, including without limitation on the Site, social media channels, and other promotional materials.

An opt-out under Clause 12.2 must be communicated verbally to the Participant's assigned pilot before the Experience begins. The Company shall have no obligation to give effect to an opt-out communicated after a session has commenced, or through any channel other than direct notice to the pilot on the day.

No compensation, royalty, licence fee, or other payment shall be payable to any Participant in respect of the Company's use of photographs or video footage under this Clause 12, whether or not an opt-out was given.

The Company shall not be liable for any failure or delay in the performance of an Experience arising from circumstances beyond its reasonable control, including without limitation closure of the Facility, technical failure of simulator equipment, or restrictions imposed by governmental or free zone security authorities. Where such circumstances arise, the Company shall, where reasonably practicable, offer a rescheduled Experience.

Without limitation to Clause 13.1, the Company's ability to offer and deliver Experiences is wholly dependent upon its commercial arrangement with the Facility Provider and upon the continued validity of its regulatory approvals and permissions. Should: (a) the Facility Provider terminate, suspend, revoke, or fail to renew its arrangement with the Company, for any reason; or (b) any competent governmental, regulatory, or free zone authority (including without limitation the General Civil Aviation Authority, the Sharjah Commerce and Tourism Development Authority, or the relevant free zone authority) determine, order, or otherwise cause that the Company may not continue to operate, offer, or deliver any Experience, then the Company shall be entitled, without liability, to cease offering and/or delivering Experiences with immediate effect.

In the circumstances described in Clause 13.2, the Company's liability to any Participant or gift voucher holder in respect of any booking, payment, or unredeemed voucher affected shall be governed by Clause 11 (Limitation of Liability; Indemnification), and, for the avoidance of doubt, the Company shall be under no obligation to provide a refund, replacement Experience, or any other form of compensation in connection with such cessation, save to the extent it elects to do so at its sole discretion or is required to do so by applicable law.

The Company reserves the right to amend these Terms from time to time. The version of these Terms in force at the time a booking is made shall govern that booking.

If any provision of these Terms is held by a competent authority to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Waiver and any Facility-specific conditions of entry, constitute the entire agreement between the Participant and the Company in respect of the Experience, and supersede any prior representation or understanding, whether written or oral.

No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any further exercise of that or any other right.

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Sharjah.

The courts of Sharjah, United Arab Emirates, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

Any notice to be given to the Company under these Terms shall be sent to contact@thepilotexperience.com.