Terms and Conditions

Visitors and users (hereinafter referred to as «Customers») using the online booking system of Dinner In The Sky Phuket on the internet (hereinafter referred to as the «System») agree to abide by the following terms of use (hereinafter referred to as the «Terms») before purchasing seats: The Organizer (Dinner In The Sky Asia) reserves the right to change the Terms of use of the System by publishing relevant information/news on the website www.phuket.dits.asia. Changes come into effect from the date of their publication on the website www.phuket.dits.asia.

1. Definitions and Interpretation

‘Seats’ refer to seats or other types of ‘Events,’ which are the Dinner In The Sky Phuket experience conducted at a location where we have the right to sell you seats. Evidence (including electronic/online purchases) of the event sold by us to you. ‘Seat’ means any objects or places of any nature where the event takes place. ‘We’ refers to the Organizer. ‘Us’ and ‘Our’ should be read accordingly. ‘You’ means the purchaser of the seat or anyone who, in our reasonable opinion, acts on your behalf or with your permission. ‘Your’ should be read accordingly.

2. Seats

• All prices are listed in THAI BAHT and do not include local taxes.
• All seats are sold subject to availability and these terms.These conditions must be carefully read before purchase, and any questions about them must be discussed with us before purchase, as purchasing a seat implies acceptance of these conditions.
• You will receive a seat(s) confirmation from the System at the email address provided by the Customer in the System during the seat(s) payment.
• You cannot choose your seats during the event. The actual seat confirmation must be presented for entry to the event. The seat is valid only on the date of the event. 1 (one) seat allows only 1 (one) person.
• Deleting, altering, or damaging the seat confirmation may void your seat. Checking your seat during the purchase process on our system is your responsibility. Any errors made during purchase cannot be corrected after the purchase. Please carefully check your seat notification and contact us immediately if you notice an error.
• Reselling of seats is prohibited. We reserve the right to cancel seat(s) that have been resold.
• Any use of the Dinner In The Sky Phuket system website, its content, and data for illegal activities, as well as for the purpose of selling or reselling seats, for advertising or commercial purposes, or for any other purpose to obtain any benefit, including intermediary activities for selling seats, is prohibited without the prior written consent of the organizer. We have the right to claim a contractual penalty for the breach of the contract in the amount of up to THB 1,000,000.00 from any customer who violates this provision.
• After seats have been sold, exchanges, refunds, or cancellations are not accepted.
• We are not responsible for lost, stolen, or destroyed seat confirmation.
• The organizer accepts responsibility only for seats purchased from one of its own sales points.
• Ownership or possession of the reservation confirmation does not grant you any rights (explicit or implied) to use, modify, copy, or otherwise deal with the symbols, trademarks, logos, and/or intellectual property that appear on the reservation confirmation. Any seat or reservation confirmation obtained in violation of these terms and conditions will be invalid, and all rights granted or confirmed by such seat will be void. A person attempting to use such an invalid seat to obtain or provide access to our event may be regarded as an unlawful person and subject to legal liability. Invalid seats are not subject to refund.
• You may transfer your seats to another person; however, compensation for the seat transfer will be provided only if you can provide evidence of double purchase, illness, or other urgent circumstances related to attending the event, 48 hours before the start of dinner by sending an email to the address: phuket@dits.asia, indicating the replacement person’s details, such as: full name, identity card/passport number, contact details, etc.

By confirming actions on the System’s website, the Customer acknowledges that:

• They are an individual who has reached at least 13 years of age and possess all the necessary legal capacity to use the System.
• They are a legal entity, the authorized representative of which has all the necessary powers to use the System’s services on behalf of this entity and to undertake any obligations on behalf of this legal entity.
• They properly understand and comply with all the Terms of use of the System.
• Pregnant women are prohibited from participating in Dinner In The Sky Phuket.
• If the guest is under 18 years old, the presence and signature of parents/guardians who are 18 years of age or older on the liability waiver form is required

3. Price and Payment

The price of the seat will be the price set at the time of accepting your order.

Please note that for certain events, an additional fee for the use of credit/debit cards or bank transfer may be charged for each seat.

Discount/promo codes cannot be used in conjunction with other ongoing promotions, discounts, vouchers, or privileges.

4. Changes to the Event

The Organizer may postpone, delay, cancel, interrupt, or terminate the event due to adverse weather conditions, dangerous situations, or any other reasons beyond reasonable control.

5. Liability

In the event of delay, cancellation, or rescheduling of the event, the Organizer cannot be held responsible for any expenses incurred by the customer for travel, accommodation, or any other related services. Decisions to reschedule or delay events are beyond the Organizer’s control, and, therefore, we do not assume responsibility or provide compensation or refund of expenses.

6. Cancellation or Rescheduling of the Event

Your responsibility is to verify whether the event has been canceled or rescheduled, along with the date and time of the rescheduled event. If the event is canceled or rescheduled, the Organizer will make reasonable efforts to notify you.

7. Use of Data

Information is collected from individuals registering in the system to facilitate the purchase of seats or other available services.

8. Entry Conditions

To participate in Dinner In The Sky Phuket, you must be at least 13 years old. If a guest is under 18 years of age, the presence and signature of parents/guardians who are 18 years of age or older on the liability waiver form are required.

Punctuality is of great importance for Dinner In The Sky Phuket. It is recommended that you arrive at least 1 hour before your session. If you are late and the platform is already elevated, the organizer will not lower the platform for you, and your seat will be automatically canceled, with no refund provided.

It is advisable to dress according to the weather conditions. Please note that at a height of 50 meters, the wind can be stronger, and the temperature may be lower than usual. After the platform is raised, the organizer will not lower it for you if you request a change of clothing, footwear, etc.

The organizer cannot guarantee that participating chefs and restaurants will prepare dishes without common allergens, such as nuts, milk, gluten, etc. It is recommended to review the menu on our website before purchasing a seat. You are responsible for your health and safety and must take all necessary precautions regarding your medical condition, including diabetes, food allergies, etc., with no claims against the organizer.

The organizer reserves the right to deny you access to the platform under reasonable circumstances, including health and safety issues, licensing grounds, or if the seat is invalid. The organizer also reserves the right to require you to leave the platform at any reasonable time for any valid reason and may take all necessary actions to enforce this right. For example, the organizer may remove anyone who:

• Behaves in a way that, in the reasonable opinion of the organizer, could or has the potential to affect the enjoyment of other visitors; or
• Uses threatening, offensive, or provocative words or behavior or behaves in a way that could disrupt public order and peace among visitors and the organizer; or
• Is, in the reasonable opinion of the organizer, under the influence of alcohol or drugs.
• Refunds are not provided to those who were denied entry due to their own behavior, as suggested, but not limited to, the examples mentioned above.
• You voluntarily assume all risks and hazards associated with the event, whether before, during, or after the event, including death, personal injury, damage, or liability.
• Dinner In The Sky Phuket does not in any way limit the participation of individuals with disabilities, but such individuals MUST provide sufficient information (in writing) about their medical condition to the organizer before purchasing a seat. Subsequently, the organizer will assess the situation, and safety-experienced individuals will decide whether the individual can participate or not.

9. Safety Rules for the Event

The organizer has the right to decide on the table’s height after it has been elevated, based on the safety inspector’s recommendations for that specific day or time.

The organizer has the right to determine the table’s height after it’s been raised, based on the safety inspector’s recommendations for that specific day and time.

In the event of adverse weather conditions, the organizer has the authority to delay the dining session (at the organizer’s discretion but with a maximum delay of 15 min). If the weather conditions do not improve, the dining session will be moved to our indoor lounge area. The menu and presentation style will remain the same. Please note that in such cases, refunds are not provided unless you’ve purchased bad weather insurance.

For safety reasons, you must have a minimum height of 145 cm and weigh no more than 150 kg to participate in Dinner In The Sky Phuket.

We recommend avoiding open-toed or laceless footwear on the day of the event.

Seatbelts are designed for your protection. Please leave them alone and do not attempt to open them at any time during the dining session.

It is strictly prohibited to throw or drop anything from the table at any time. Failure to comply with this condition will result in you being asked to leave at any time, with no refunds issued.

Smoking of regular or electronic cigarettes/cigars is strictly prohibited during Dinner In The Sky Phuket. Non-compliance with this condition will result in the cancellation of your seat at any time, with no refunds issued.

Only small items such as mobile phones or compact cameras are allowed to be brought to the table during the dining session. Bringing bouquets of flowers or large bags on board is strictly prohibited, as storage lockers are provided for larger items mentioned above. You are responsible for the safety of your personal items, such as mobile phones and cameras. The organizer is not liable for any damage or loss of your belongings, if any.

You are obliged to strictly follow and adhere to all instructions given by the staff of Dinner In The Sky Phuket at any time. It is prohibited to tamper with any of the working devices or mechanisms, and this may result in legal consequences.

If you have any questions regarding our Privacy Policy or your data, the Terms of Service of the System, please do not hesitate to contact us via email at: phuket@dits.asia.

10. Restrictions and Prohibitions

The use of recording or transmission equipment (digital or otherwise) for audio, video, or audiovisual material, as well as any information or data inside the event venue, is strictly prohibited, except for personal use. Unauthorized recordings on film or similar items may be confiscated and destroyed. Any recording made during the event is a violation of these terms and automatically becomes the property of the Organizer. The Organizer is not responsible for the loss, theft, or damage of confiscated items. The Organizer reserves the right to use any photos/videos taken at the Dinner in The Sky® event without the express written consent of those included in the photos/videos. The Organizer may use photos/videos in publications or other media produced, used, or concluded by the Organizer,

including but not limited to brochures, invitations, books, newspapers, magazines, television, websites, etc.

Within the event venue, the following are strictly prohibited:

• Animals;
• Personal food and drinks (unless permitted by the Organizer);
• Bottles, cans, or glass containers (unless permitted by the Organizer);
• Any item that can be interpreted as potential weapons, including sharp or pointed items (e.g., knives);
• Illegal substances;
• Professional/commercial recording equipment.

You agree to comply with the instructions of the Organizer’s authorized personnel to conduct any checks for prohibited items, including weapons, controlled/dangerous substances, and illegal substances.

In case of adverse weather conditions, the organizer, venue owner, sponsors, contractors, their agents, and employees are not liable for any death, personal injury, loss, or damage that may occur during your presence at the venue or the event. By purchasing a seat, you do so voluntarily, assuming all risks and hazards associated with the event, whether before, during, or after the event, including death, personal injury, loss of property, damage, and liability.

11. Weather Conditions

The organizer reserves the right to move Dinner in the Sky to the ground-level lounge area (without ascending) in the event of adverse conditions, such as (with a 50% refund of the full cost):

• Heavy rain/thunderstorms
• Fog
• Strong winds

The organizer also has the right to fully cancel any session in the event of unfavorable conditions, such as (with a full refund for the seat only):

• Electrical supply failure from the venue’s provider
• Flooding, hurricanes, earthquakes, or any other force major event at the venue
• Any politically motivated restrictions/strikes/curfew at the venue or its vicinity.

12. Weather Insurance

When purchasing an event ticket, customers have the option to purchase additional weather insurance. The cost of weather insurance is as follows:

• 300 Thai Baht for half-hour sessions
• 500 Thai Baht for one-hour sessions

13. Refunds

Purchased seats cannot be returned, exchanged, or canceled after issuance, except in the case of the organizer’s cancellation. The relocation of the event to the lounge area (indoors) is not considered a cancellation and, therefore, will not be refunded.

If the event is canceled by the organizer, the following process will occur for online credit or debit card buyers: We will work with the respective banks of your cards to automatically refund the amount to your card. This process takes approximately 14 working days after the event.

Please note that the refund process will take at least 14 working days from the date of receiving your refund request.

14. Gift Cards

This gift card is NOT AN ACTUAL TICKET.»

To redeem the gift card, please contact our support service at the following address: phuket@dits.asia. Monday to Friday (10:00 AM — 7:00 PM).

Any additional expenses exceeding the value of this voucher will be the responsibility of the recipient.

This gift card is non-refundable and cannot be exchanged for cash.

This gift card MUST BE REDEEMED within 1 MONTH from the date of purchase. No refunds will be issued if the voucher is not redeemed by this date.

Redemption is possible/valid on a space-available basis. Please check our website (https://phuket.dits.asia) for available dates.

This gift voucher will not be replaced if lost, damaged, or stolen.

Dinner In The Sky Phuket reserves the right to change these terms without prior notice.

Please arrange the date and time in advance via email or phone call at least TWO days before the scheduled session.