Legal
Terms and Conditions
1. ABOUT US
This website is operated by FLY WITH US SOCIEDAD ANONIMA, registered in Costa Rica with registered address at PROVINCIA 05 GUANACASTE, CANTON 02 NICOYA, DISTRITO SAMARA, PLAYA BAHIA DE MONTE REINA, HOTEL FLYING CROCODILE. ("Fly With Us", "we", "us", "our"). You can reach us at info@flywithus.aero or +506 8828-1000. Flight operations are conducted under DGAC certification.
2. ACCEPTANCE OF THESE TERMS
By accessing this website, you agree to these Terms and Conditions. If you do not agree, please do not use the site. Booking a flight means you also accept the booking provisions set out below and our separate Liability Waiver, which you will be asked to sign before flying. Please read the whole of this document, sections 6 to 20 affect your legal rights.
3. USING THE WEBSITE
You agree not to use the site unlawfully or fraudulently, not to attempt to gain unauthorized access to the site, its servers or related systems, not to introduce malicious code, and not to conduct automated scraping, crawling or data harvesting without our written permission. You may not reproduce, resell or commercially exploit any part of the site without our written consent.
4. INTELLECTUAL PROPERTY
All content on this site: text, photographs, video, aerial footage, logos, the "Fly With Us" name and marks, page layout and design is owned by us or our licensors and is protected by Costa Rican and international copyright and trademark law. You may view and print pages for your own personal, non-commercial use. Any other use requires our prior written consent. The way we handle photographs and video taken of you during a flight is dealt with separately in section 15.
5. ACCURACY OF INFORMATION
We work to keep the site accurate, but its content is provided for general information only. Flight durations, routes, altitudes and the views described are indicative and remain subject to weather, air traffic control, aircraft availability and pilot discretion. Nothing on this site is a guarantee of a specific flight experience. Prices are displayed in colones and include applicable IVA at 13% and airport fees. We reserve the right to correct pricing errors before a booking is confirmed. We do not warrant that the site will be uninterrupted or error-free, and we may suspend, withdraw or restrict all or part of it without notice. The site may link to third-party websites; we do not control and are not responsible for their content or practices.
6. COOKIES AND YOUR DATA
We use strictly necessary cookies to make this site function, including for session management, security and payment processing. These do not require your consent. We would also like to use functional, analytics and marketing cookies, and these are only set if you agree. When you first visit, you may accept all, reject all, or choose individually, and you can change your decision at any time through the "Cookie settings" link in our footer. Rejecting non-essential cookies will not restrict your access to the site or to booking. Full details of what we collect and why, the lawful basis for each purpose, how long we keep it and the rights you hold are set out in our Privacy Policy.
7. THE BOOKING CONTRACT
A contract between us is formed when we issue a written booking confirmation to the email address you provide, and when payment is received. If we are unable to fulfil a booking, we will refund you in full.
8. THE NATURE OF THE ACTIVITY
Fly With Us operates gyrocopter flights. This is an open-cockpit aviation activity, and it carries inherent risks that cannot be eliminated, including the risk of serious injury or death. By booking, you confirm that you understand this and accept those risks, as set out more fully in the Liability Waiver.
9. PASSENGER REQUIREMENTS
When booking you confirm that the passenger is at least 18 years old, or there is a parent or legal guardian present to sign the Liability Waiver. You confirm the passenger weighs no more than 102 kg and is under 200 cm in height; these are aircraft weight-and-balance limits and are safety requirements rather than preferences. You confirm the passenger is not under the influence of alcohol or drugs, and has no heart condition, recent surgery, epilepsy, back or neck injury, or other condition that could be aggravated by flight.
You must declare any relevant medical condition at the time of booking. The pilot holds absolute discretion to refuse carriage on safety grounds and that decision is final. Where a passenger is refused carriage because of an undeclared medical condition, a misstated weight, or intoxication, no refund is due. We may verify passenger weight on arrival as a legal weight-and-balance requirement; if actual weight materially exceeds what was declared and the flight cannot safely proceed, the booking is forfeited.
10. PRICES AND PAYMENT
Prices are in colones and include IVA and airport fees. [Full payment or a deposit of 50% is taken at the time of booking through ONVO PAY, Tab or other third-party websites. We do not store your card details; payment is processed by above mentioned payment sites who all carry their own terms. Your bank may apply currency conversion or international transaction charges, which are not ours and are not refundable by us.
11. IF YOU CANCEL
Cancellations must be made in writing to EMAIL or WhatsApp. Where you give more than 7 days' notice before the flight you will receive 100% of the total minus the booking fee. Less than a 7 day notice we reserve the right to keep 50% of the total payment or if applicable the deposit (50% of the booking). Rescheduling is permitted, subject to availability and its own fees.
12. IF WE CANCEL, WEATHER AND SAFETY
Gyrocopter flights depend on suitable weather. If we cancel your flight for reasons of weather, mechanical issue, air traffic restriction or any other safety consideration, you may choose either a rescheduled flight at no additional cost, subject to availability, or a full refund of all amounts you have paid to us. The pilot's assessment of flight safety is final and is not open to challenge.
We are not liable for any consequential costs you incur because of such a cancellation, including travel to the site, accommodation, connecting flights or lost time. We strongly recommend that you hold appropriate travel insurance.
13. ARRIVAL AND SAFETY BRIEFING
Please arrive 10 minutes before your allocated slot. The pre-flight safety briefing is mandatory and a passenger who misses it cannot fly. Late arrival may result in a shortened flight or in forfeiture of the booking without refund.
14. GIFT VOUCHERS
Vouchers are valid for 12 months from the date of issue and cannot be redeemed for cash or refunded.
15. PHOTOGRAPHY AND VIDEO
We may capture photographs and video during your flight. Your own copy is available for purchase and will be delivered within 14 days.
We would like to use flight media in our marketing, but we will only do so where you have given separate, explicit consent through an unticked opt-in box at booking or on the consent form on the day. Consent to marketing use is never a condition of flying and refusing it will not affect your booking in any way. You may withdraw that consent at any time by emailing info@fywithus.aero, and we will cease further use and remove the material from any channel we control. We cannot recall material that has already been reshared by third parties.
16. RIGHT OF WITHDRAWAL
If you are a consumer in the EU or EEA, please note that the fourteen-day right of withdrawal that normally applies to online purchases does not apply to contracts for leisure services to be provided on a specific date, under Article 16(l) of the Consumer Rights Directive. Your cancellation rights are therefore those set out in section 11 above.
17. LIABILITY
We have aviation passenger liability insurance. We are liable for death or personal injury caused by our negligence, and nothing in these Terms excludes or limits that liability, nor any liability for fraud or any other liability that cannot lawfully be excluded.
Subject to that, we are not liable for indirect or consequential loss, nor for loss caused by your own breach of these Terms, including an undeclared medical condition or a misstated weight. We are not liable for personal belongings. Loose items cannot be carried in an open cockpit, and phones, sunglasses, hats and jewelry must be stowed before flight; any item lost from the aircraft is at your own risk. If personal items damage the aircraft or personnel from the Fly With us SA you will be liable for cost of the damages. In relation to the website itself, and to the fullest extent permitted by law, we exclude liability for any loss arising from your use of, inability to use, or reliance on the content of this site.
18. FORCE MAJEURE
We are not liable for any failure to perform caused by events beyond our reasonable control, including severe weather, volcanic activity, earthquake, airspace closure, government action, civil unrest or epidemic. Where such an event prevents your flight, the reschedule-or-refund choice in section 12 applies.
19. CONSUMER RIGHTS AND COMPLAINTS
If you are a consumer resident in the EU, EEA or UK, you benefit from mandatory protections under the law of your country of residence which cannot be overridden by these Terms, and nothing here affects those rights.
Please raise any complaint with us first at info@flywithus.aero; we aim to respond within 5 working days. Consumers resident in the EU may also use the European Commission's online dispute resolution platform, although we would always prefer to resolve matters with you directly.
20. GOVERNING LAW
These Terms are governed by the laws of the Republic of Costa Rica and disputes are subject to the courts of Costa Rica under DGAC regulations. If you are a consumer resident in the EU, EEA or UK, you may also bring proceedings in the courts of your country of residence and you retain the protection of the mandatory consumer laws of that country.
21. CHANGES TO THESE TERMS
We may revise these Terms at any time. The version in force is the one published on this page at the time you use the site. Where a change materially affects an existing booking, we will notify you by email.
