Terms and Conditions

Acceptance Of Terms and Conditions

By purchasing, booking, redeeming, or participating in a Day Out Dubai Experience or a Day Out Dubai Gift Certificate or by accessing, browsing and using www.dayoutdubai.com (the "Website") you agree to be subject to the following terms and conditions as well as all other applicable laws.

Purchasing and Redeeming

Follow the instructions for purchasing and redeeming a Day Out Dubai Experience or Day Out Dubai Gift Certificate found at www.dayoutdubai.com.

Returns and Exchanges

Even though we like to think everyone will like their Day Out Dubai experience, we understand things happen. As such, we have tried to make our return and exchange policy as easy as possible.

Standard Purchaser Return and Refund Policy

If you wish to return a gift you purchased, you must do so within 30 days of your purchase. All refunds must be requested by the original purchaser and all refunds (after deduction of administration fee) will be remitted only to the original purchaser in accordance with the original payment method. In other words, we can only issue a refund to the person who made the purchase and can only credit the original payment method used in the transaction. No refunds are allowed once a Day Out Dubai Experience is booked in accordance with booking requirements found at www.dayoutdubai.com

Recipient Return and Exchange Policy

Recipients may exchange un-booked experiences at any time prior to the Gift Certificate expiration date FREE OF CHARGE. Booked Experiences must be exchanged outside of the posted cancellation policy found on the relevant Experience Detail page at www.dayoutdubai.com.

Should the recipient choose to exchange for a more expensive experience they will simply need to pay the difference in cost. Should they exchange for a less expensive experience, the remainder will constitute an unredeemed Gift Certificate balance remaining on such Gift Certificate and the balance to be utilized before the expiry date of Gift Certificate.

Participant Cancellation and Rebooking

Once you have received a booking confirmation, cancellations and rebooking are allowed in line with the cancellation deadline of each Experience, unless otherwise noted at www.dayoutdubai.com for a particular Experience. Failure to appear on your booked date or to cancel and rebook in line with the cancellation deadline prior to you booked date (unless otherwise noted at www.dayoutdubai.com), will result in the loss of the value of the Experience booked.

Availability

Day Out Dubai Experiences can be booked online and those which are showing subject to availability can be booked in advance in accordance with the requirements found at www.dayoutdubai.com.

Weather

Certain Experiences are very weather dependent. You should not assume that weather conditions will result in a cancellation of a booked Day Out Dubai Experience, as failure to appear will result in the loss of your Experience value. Always contact the Experience Provider with any questions regarding weather conditions. All Experiences cancelled by the Provider due to weather conditions will be rebooked, subject to availability, without penalty.

Withdrawl of an Experience Or Location

In the event that Day Out Dubai permanently cancels or otherwise terminates or withdraws a Day Out Dubai Experience or Experience Location, you shall be entitled to exchange for another Day Out Dubai Experience or a Day Out Dubai Gift Certificate of equal or similar value. You shall not be entitled to a refund or exchange in the event you fail to participate in a booked Day Out Dubai Experience unless you have cancelled and rebooked under the rules set forth in these Terms and Conditions.

Provider Cancellations

Providers may cancel booked Day Out Dubai Experiences without notice in the event of mechanical or equipment problems, malfunctions or unavailability, weather conditions or other no-shows. In such event, you shall be entitled to re-book or exchange such Day Out Dubai Experience in accordance with these Terms and Conditions. Day Out Dubai Living shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled Day Out Dubai Experience.

Gift Certificates

Day Out Dubai Gift Certificates can be redeemed for experiences only through Day Out Dubai, and cannot be redeemed or exchanged for services with any other merchant, entity or other experience supplier. Day Out Dubai Gift Certificates cannot be redeemed or exchanged for cash. Day Out Dubai Gift Certificates do not store any value electronically and value cannot be electronically added or subtracted to Day Out Dubai Gift Certificates.

Choice of Law And Forum Selection

All Day Out Dubai Experiences or Day Out Dubai Gift Certificates are considered purchased in Dubai (United Arab Emirates) and are subject to U.A.E. law without regard to principles of conflict of laws.

By visiting, accessing, using or browsing www.dayoutdubai.com you agree that the laws of the United Arab Emirates (U.A.E.), without regard to principles of conflict of laws, shall govern the conditions of use and such use will be construed in accordance with the laws of U.A.E. including all matters of construction, validity and performance. By visiting, accessing, using and/or browsing the Website, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this Website shall be brought within one (1) year thereafter and only in the Dubai Courts, and the purchaser, recipient, redeemer, and/or participant hereby irrevocably consent to the exclusive jurisdiction of such courts and waive any right to alter or change venue, including by removal. In the event you or Day Out Dubai institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.

Expiration Dates

Your Day Out Dubai Gift Certificate has an expiration date of one (01) year from the date purchased. You must schedule your experience before the expiration date. However, please note, if you schedule your experience for a date after your expiration date, you will be responsible for any difference in price. The expiration date can be found on the Gift Certificate from your original gift package or in your account summary at www.dayoutdubai.com All Gift Certificates are considered purchased in the Emirate of Dubai in U.A.E. and are subject to U.A.E. law.

Expiration dates may be extended by calling Day Out Dubai at +971 4 295 0009 and must be requested PRIOR to your original expiration date. All extensions will be subject to a AED 100/- administrative fee and can be extended for a period of six (06) months from the original expiration date. Your Gift Certificate will be converted into a monetary amount (based on the current value of your certificate) and you will be able to apply that amount towards the booking of any active experience listed on www.dayoutdubai.com Only one (01) extension will be granted per Gift Certificate Number.

Lost Or Stolen Certificates

Day Out Dubai shall not be responsible for the loss of, theft of, or damage to any Day Out Dubai Gift Certificate. Day Out Dubai shall not be responsible for the loss of any Day Out Dubai Experience or Day Out Dubai Gift Certificate as a result of identity theft or fraud.

Assignability

You may assign any Day Out Dubai Experience or Day Out Dubai Gift Certificate to any third party prior to the booked date of such Experience. The new Experience or Gift Certificate holder must provide relevant information to both Day Out Dubai and the Experience Provider. Additionally, any such assignee shall be subject to and legally bound by these Terms and Conditions as well as the Terms and Conditions and participant requirements of the relevant Experience Provider.

Accuracy Of Experiences

Day Out Dubai reserves the right to delete, add to or otherwise change the description, terms and conditions and the prices for any Day Out Dubai Experience without prior notice. Day Out Dubai shall use commercially reasonable efforts to update the Website to reflect any deletions, additions or other changes to the description or price for any Day Out Dubai Experience; however, the Provider shall be ultimately responsible for the accuracy of the description of the relevant Day Out Dubai Experience(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements related to the relevant Day Out Dubai Experience, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Day Out Dubai Experiences are included at www.dayoutdubai.com strictly for illustrative purposes and might not accurately reflect the actual Experience.

Accuracy Of Website

Day Out Dubai makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at www.dayoutdubai.com; however, the Website still may contain technical inaccuracies or typographical errors. Day Out Dubai makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website. Day Out Dubai provides such content and material, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.

No Liability For Providers Of Day Out Dubai Experiences

All providers of Day Out Dubai Experiences (the "Providers") are independent and unaffiliated to Day Out Dubai. Day Out Dubai is not responsible for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. Day Out Dubai makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding any Day Out Dubai Experiences or the Providers thereof, including, but not limited to, the implied warranties of merchantability and fitness for a particular Purpose. You acknowledge and agree that all Day Out Dubai Experiences are subject to the Terms and Conditions of the relevant provider and you shall look solely to the relevant provider for any matters or complaints related To The Day Out Dubai Experiences.

Day Out Dubai shall not be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any Day Out Dubai Experience or the actions or omissions of any Provider in connection with the same even if Day Out Dubai has been advised of the possibility of such damages.

By purchasing and/or redeeming a Day Out Dubai Experience or Day Out Dubai Gift Certificate, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against Day Out Dubai and its subsidiaries, Parents and Affiliates AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS, EMPLOYEES FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE ACTIONS OR OMISSIONS ON THE PART OF ANY PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN A Day Out Dubai EXPERIENCE.

PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN A PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER'S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.

Restrictions On Use Of www.dayoutdubai.com

By accessing, using or browsing the Website, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of the Website and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of www.dayoutdubai.com Website. In addition, you agree not to use any software, device, tool or process to monitor or copy the pages or the material or content of this Website without the prior written consent of Cloud 9 Living. Cloud 9 Living typically grants such consent to operators of standard Internet search engines that employ customary technology to direct Internet users to this Website from their search engine websites.

By accessing, using or browsing www.dayoutdubai.com, you agree that the information you provide to Day Out Dubai via the Website will not contain any viruses, Trojan horses, worms, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.

By accessing, using or browsing the Website, you agree that Day Out Dubai may unilaterally terminate your rights of access to this Website without prior notice in the event that Day Out Dubai determines, in its sole discretion, that

1. you have violated these Terms and Conditions or have otherwise abused, misused or otherwise sought to damage the Website, Day Out Dubai or its other customers.
2. Day Out Dubai receives a bona fide request from law enforcement officials or officials from other government agencies.
3. Day Out Dubai Experiences unexpected technical or security issues or problems
4. you have not visited the Website for an extended period of time. Such termination may entail the deletion of your password and account designation and all related information associated the same; and a permanent or indefinite suspension of your rights to access, use or browse this Website.

Disclaimer Of Liability

You are accessing, using or browsing www.dayoutdubai.com at your own risk. Day Out Dubai AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, Day Out Dubai AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither Day Out Dubai AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature.

Costs and Expenses of any Subsequent Legal Action

In the event you or Day Out Dubai institute any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.

Miscellaneous

There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided, however, that recipient's of Day Out Dubai Experience Certificates shall become subject to these Terms and Conditions upon the redemption of such Day Out Dubai Experience Certificates.

You shall indemnify, defend and hold harmless Day Out Dubai and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms and Conditions and/or your access, use or browsing of this Website.

Day Out Dubai may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on www.dayoutdubai.com.