FLY BROTHER & Friends VIP Program Terms & Conditions
Terms of Service
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, rules, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, rules, and notices. If you do not agree to these terms, conditions, rules, and notices, you may not use this Web site and you must exit this Web site immediately.
Fly Brother & Partners
Fly Brother (as defined herein) will provide necessary services for Experiences (known as “Experiences”) as outlined in its promotional materials and on its website (flybrother.com), and has licensed, qualified professional tour operators, to organize and administer such Experiences. The designated tour operator, in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Experiences (“Other Providers”), and the Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time the participants are not aboard their conveyances.
Fly Brother, LLC d/b/a Fly Brother, its subsidiaries, and their respective employees, affiliates, officers, directors, successors, representatives, assigns (collectively “Fly Brother”) and the tour operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Fly Brother and/or the tour operator for any such loss, damage, injury, or death.
By registering for an Experience, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself, to other participants, or to Fly Brother staff. Fly Brother and the tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an Experience at any time. Fly Brother and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants.
Neither Fly Brother nor the tour operator will be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Experience departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
TERMS & CONDITIONS
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE PARTICIPANT AND FLY BROTHER AND/OR TOUR OPERATOR UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE PARTICIPANT AND FLY BROTHER CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY ACCEPTING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE ARBITRATION AGREEMENT.
Basis of Rates
All prices are per-person based on one person in a room. All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of the correspondence date and are subject to change due to unforeseen circumstances. While Fly Brother will do everything possible to maintain the listed prices if it is necessary to levy a surcharge, Fly Brother reserves the right to do so, and notification will be given at or before the time of final invoicing.
Eligibility
Experience participants must be over the age of 21 at the time of departure.
Included in Experience Cost
Round-trip economy class transportation from origin airport, accommodations and meals as indicated in the itinerary (B = breakfast, L = lunch, D = dinner); educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all gratuities, unless otherwise noted; internal airfare and ground transportation during the Experience; transfers to and from group flights where applicable; services of Fly Brother experts and/or local guides, lecturers, Experience leaders, and any other staff; and taxes, port charges, baggage handling, and service charges; any required COVID testing during Experience.
Not Included in Experience Cost
Activities noted as optional in the itinerary; pre-departure physical examination; pre-departure COVID testing; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; wardrobe, and any other items not specifically noted as included.
Payments, Cancellations, and Refunds
To reserve an Experience, a minimum 50% deposit is required; final payment is due no later than thirty (30) days after deposit payment. Experiences reserved with full payment receive a 10% discount. Payments can be made via Stripe, PayPal, check, or wire transfer.
Due to the nature of television series production, payments are non-refundable, but are fully transferable without penalty to another party a minimum of 90 days prior to departure.
Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving an Experience in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an Experience. Fly Brother reserves the right to cancel any Experience because of good-faith concerns with respect to the safety, health, or welfare of the participants. If an Experience is canceled prior to departure, the tour operator will first arrange an alternate Experience, except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Experience as planned, in which case the tour operator will provide the participants with a refund equivalent to the amount paid to the tour operator and/or credit toward a future Experience equivalent to the amount paid to the tour operator. If Fly Brother cancels the Experience in progress, the participants will receive a prorated refund based on the number of days not completed on the Experience. Except as outlined above when Fly Brother cancels an Experience, Fly Brother and the tour operator have no responsibility for any expenses, including any non-refundable expenses, incurred by the participants in preparing for a canceled Experience or for any additional arrangements should the participants embark prior to the scheduled group departure date.
Experience cancellation insurance is available at an additional cost and is strongly recommended. For more information about and to enroll in an option available through Travel Insurance Services, visit the “Travel Insurance” section of our website at flybrother.com/travel-insurance/.
Itinerary Changes
The itineraries and staff presented in the marketing materials or on the website are subject to modification and change by Fly Brother or the tour operator. Every reasonable effort will be made to operate Experience as planned, but alterations may still occur after final itineraries are sent.
Documentation
Participants are responsible for obtaining any documents required for their participation in the Experience such as a valid passport, all visas (reimbursed), vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
Health Requirements
Participants must be in good physical and mental health and proof of a positive physical examination by a licensed medical doctor must be submitted 30 days before departure. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. Fly Brother encourages participants to consult a doctor for specific medical advice about any activities or destinations.
Medical Authorization and Coverage
Travel medical insurance with emergency evacuation provision is required, proof of which must be submitted 90 days prior to departure. In the event the participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the Experience who can direct the participant’s care, and Fly Brother is unable or does not have time to contact the participant’s emergency contact, the participant, by registering and paying a deposit for an Experience, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to: X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have travel medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs, and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
Filming and Photography
Fly Brother and the tour operator and the Experience leader reserve the right to take videos and/or photographs during the operation of any Experience or part thereof and to use the resulting videography, photography, or recordings for promotional or commercial use. By making a reservation on an Experience, the participant agrees to allow his/her likeness to be used by Fly Brother-authorized third parties and the tour operator without compensation to the participant. Signature of a non-disclosure agreement and appearance release is required.
Video, photographs, and images of Ernest White II taken during an Experience may not be made public or posted to social media without express written permission of Ernest White II. Copyright in all videos, photographs, images, and related materials created by the participant (“Experience Materials”) will belong to the participant upon creation. The participant grants to Fly Brother a non-exclusive, worldwide, irrevocable license to use any Experience Materials provided to Fly Brother and/or the tour operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Fly Brother’ travel programs, or promotion of the mission of Fly Brother.
Assumption of Risk
By registering for an Experience, the participant acknowledges that he/she is aware that travel such as the Experience he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury, or death which may be caused by forces of nature, illness, or by the willful or criminal conduct of third parties or by terrorism. The participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the participant’s home country during some or all of the time during which he/she is participating on the Experience and that when available may not be of the quality which exists in the participant’s home country.
Arbitration Agreement
(1) Fly Brother and/or partner tour operator (collectively “Tour Provider”), and the participant agree that any and all disputes and claims that the participant and Tour Provider may have against the other that arise out of or relate to this Agreement and the Experience, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. The participant and Tour Provider agree to give up the right to sue in court. The participant and Tour Provider also agree to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) the participant and Tour Provider retains the right to sue in small claims court and (ii) the participant and Tour Provider may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive termination of this Agreement.
(3) Any arbitration between the participant and Tour Provider will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at adr.org, or by calling the AAA at +1 (800) 778-7879. The arbitration will be conducted by a single arbitrator. If the participant and Tour Provider cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.
(4) If either the participant or Tour Provider wants to arbitrate a Dispute, the participant or Tour Provider must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Experience to which the Notice relates, and the relief requested. The participant’s Notice to Tour Provider must be sent by mail to Fly Brother, c/o Business and Legal Affairs, 1521 Alton Rd., Ste. 884, Miami Beach, Florida 33139. Tour Provider will send any Notice to the participant at the contact information Tour Provider has for the participant or that the participant provides. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 90 days after the participant or Tour Provider sends a Notice to the other, the participant and Tour Provider may try to reach a settlement of the Dispute. If the participant and Tour Provider do not resolve the Dispute within those first 90 days, either the participant or Tour Provider may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA’s website at adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, the participant must send a copy of this completed Arbitration Form to Tour Provider at the address listed above to which the participant sent the Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if the participant wishes to commence an arbitration against Tour Provider, and the participant is seeking to recover less than $5,000 (inclusive of attorneys’ fees), the participant will not have to pay this filing fee; Tour Provider will pay it on the participant’s behalf. If the participant is seeking to recover $5,000 or more, the participant will have to pay the filing fee charged by AAA, but Tour Provider will reimburse that fee if the participant wins the arbitration.
(6) If the participant is seeking to recover $5,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either the participant or Tour Provider may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither the participant nor Tour Provider requests one, Tour Provider will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $5,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) The participant and Tour Provider may incur attorneys’ fees during the arbitration. In addition to whatever rights the participant may have to recover the participant’s attorneys’ fees under Applicable Law, if the participant prevails in the arbitration, and if Tour Provider failed to make a settlement offer to the participant before the arbitration or the amount the participant wins is at least 25% greater than Tour Provider’s highest settlement offer to resolve the Dispute, then Tour Provider will pay the participant’s reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Tour Provider wins the arbitration, the participant will be responsible for the participant’s own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Tour Provider to pay any monies to or take any actions with respect to persons other than the participant, unless Tour Provider explicitly consents in advance after an arbitrator is selected, to permit the arbitrator to enter such an order. THE PARTICIPANT AND TOUR PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Tour Provider agrees, the arbitrator may not consolidate other persons’ claims with the participant’s, and may not otherwise preside over any form of a representative, multi-claimant, or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void, but the rest of this Agreement, including the provisions governing where actions against Tour Provider must be pursued, will remain in effect.
(10) The participant and Tour Provider agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
Privacy Policy
Our privacy policy can be found at flybrother.com/privacy-policy/
Mailing List
If you are receiving duplicate e-mails, have address updates, or would like to be removed from future Fly Brother mailings, please e-mail us your request at admin@flybrother.com.
Other
Additional Terms and Conditions may apply to some Experience and will be provided with pre-Experience e-mails. By registering for an Experience, the participant agrees to the Terms and Conditions published on the website at flybrother.com/terms-and-conditions.
