Terms of Service

1. Agreement to Terms

By accessing or using the fly.ninja website and services operated by FlyNinja S.L. ("we", "our", or "us"), a company registered in Spain with CIF B26656561 (VAT: ESB26656561), you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

These terms apply to gift buyers, direct bookers, voucher recipients, website visitors, and activity operators who apply to list on fly.ninja. Additional terms from third-party merchants or payment providers may apply to specific purchases, as described below.

2. Description of Services

fly.ninja is a gift-first marketplace for adventure and activity experiences. We also offer direct bookings with a fixed activity date and time when you do not want the gifting layer.

We provide:

• Discovery and browsing of experiences such as paramotor flights, helicopter tours, indoor skydiving, water sports, motor sports, and similar activities
• Gift voucher purchase, personalised delivery (including scheduled email and QR delivery), and redemption flows
• Direct checkout and booking with a fixed activity date and time, without recipient delivery or voucher redemption
• Partner sign-up and onboarding for independent activity operators
• Transactional and service emails related to orders, gifts, bookings, and partner applications
• Public catalog and agent-commerce APIs for programmatic discovery of experiences
• Marketing content on fly.ninja and on third-party social platforms

Gifting is our primary product. You may also complete a direct booking for yourself or your group with a fixed activity date and time, without recipient delivery or voucher redemption. The purchase options available depend on the experience and supplier.

fly.ninja is a platform operator and retailer. We are not the on-site operator of every activity listed on the site. The operator that delivers the experience is identified in the product listing or booking confirmation unless we state otherwise for a specific product.

3. Partner Terms (Activity Operators)

These Partner Terms apply when you submit a partner sign-up application or complete partner onboarding on fly.ninja. In this section, "Partner" or "you" means the business or individual listing activities on fly.ninja. By accepting these Partner Terms you also agree to the general Terms of Service in this document.

3.1 Partner relationship

fly.ninja lists adventure and activity experiences for gift purchase, gift purchase with a fixed activity date, and direct dated booking. Partners are independent operators. You remain responsible for delivering the experience, guest safety, staffing, equipment, permits, and compliance with local laws. fly.ninja does not employ Partners or supervise on-site operations.

3.2 Pricing, gift retail, and payouts

When your activities are sold on fly.ninja:

• You set your partner rate (your standard direct price for the activity).
• The buyer pays a retail price that includes a platform fee on top of your partner rate for gift and direct purchases, unless we agree otherwise in writing for a specific product.
• Your activities may be sold as a gift voucher (redeem later), as a gift with a fixed activity date at checkout, or as a direct dated booking without a gift layer. Unless we agree otherwise in writing, the same partner-rate economics apply across these purchase types.
• fly.ninja does not deduct commission from your payout. You receive the agreed partner rate after the scheduled activity takes place, not at voucher redemption.
• We will not publish fly.ninja list prices below your partner rate or below the prices you maintain on your own website and other public sales channels, unless we agree otherwise in writing. This applies to gift and direct bookings alike.

Redemption is when the guest schedules the experience. Payouts are made after that activity takes place, through Stripe Connect or another method we specify during onboarding. You must complete payout onboarding and provide accurate banking details. Timing may vary by country and payment processor rules.

3.3 Listings and verification

Going live on fly.ninja happens in two stages: we verify your partner application, and we verify each experience before it can appear in the public catalog.

Partner verification. Your partner account is not complete until we review your application, you confirm your email, and you finish required partner setup (including valid liability insurance where required and payout onboarding where applicable).

Experience verification. No experience appears on the public catalog until it has passed our review. At least one of your experiences must be verified before anything from your partnership goes live for gift buyers. Each additional experience must be verified before that experience is published. We may review partner and experience information manually or with automated tools.

You agree to provide accurate business, contact, tax, activity, and experience information and to keep it up to date.

3.4 Operator obligations

By accepting these Partner Terms you confirm that:

• your activities comply with applicable laws in every country where you operate;
• the information you provide is accurate and not misleading;
• activities you list on fly.ninja are standalone only (not bundled with accommodation, flights, or transport).

You maintain adequate liability insurance and any legally required permits or licences for the activities you list. We may require proof before any of your experiences go live or at any time during the partnership.

3.5 Content and marketing

You grant fly.ninja a non-exclusive licence to use your business name, descriptions, images, and other materials you provide to create, display, and promote your listing on fly.ninja and in related marketing. You represent that you have the rights to grant this licence. You may request removal of specific materials by contacting us.

3.6 Fees and exclusivity

Partner sign-up is free. We do not charge onboarding fees or hidden listing fees for standard partner onboarding. We do not require exclusivity. You may continue selling through your own website and other channels, subject to any contractual obligations you already have with third parties.

3.7 Suspension and termination

We may suspend or remove a Partner listing if information is inaccurate, insurance lapses, guest safety concerns arise, chargebacks or fraud patterns appear, or these Partner Terms are breached. You may stop participating, or ask questions about partner onboarding or these Partner Terms, by contacting us at hi@fly.ninja.

4. Purchases and Bookings

When you buy on fly.ninja, you agree to provide accurate buyer, recipient (for gifts), and participant information. You are responsible for ensuring participants meet operator requirements shown at checkout (including age, health, and any activity-specific rules).

4.1 Purchase types

Depending on the experience, you may choose among the following purchase types:

• Gift voucher (redeem later): You buy now; the recipient schedules the activity later within the redemption window shown at checkout. No activity date is fixed at purchase.
• Gift with a fixed activity date: You buy as a gift, but the activity date and time slot (if offered) are chosen at checkout. The recipient still receives gift presentation and delivery.
• Direct booking: You book for yourself or your group with a fixed activity date and time. There is no recipient, gift message, or scheduled gift delivery.

Not every purchase type is available for every experience. Checkout shows the options that apply to the product you selected.

4.2 Checkout, confirmation, and scheduling

• Direct bookings and gifts with a fixed activity date: Your confirmation is tied to the activity date and time slot selected at checkout, subject to supplier confirmation and availability rules.
• Gift vouchers (redeem later): Scheduling happens when the recipient redeems the voucher. Availability is checked at redemption, not only at purchase.
• Participant counts, product options, booking questions, and operator-specific rules apply in all cases. You must complete any required fields before payment.

4.3 Prices, delivery, and cancellations

• Prices: Prices are shown in EUR unless stated otherwise. The total price displayed at checkout is the amount you pay, including applicable fees shown before payment.
• Gift delivery (gifts only): Gifts may be delivered by email (immediately or on a scheduled date) or by QR code, depending on the options offered at checkout. You are responsible for providing a correct recipient email address where email delivery is selected.
• Redemption (redeem-later gifts only): The recipient must redeem according to the instructions provided with the voucher, within the redemption window shown at purchase. The scheduled activity date, availability, and participant details remain subject to operator capacity and product rules.
• Cancellations and refunds: Cancellation and refund rights depend on the experience and the merchant of record for that booking. The applicable policy is shown on the experience page and at checkout. We do not guarantee refunds outside those policies.

4.4 Catalog sources and merchant of record

Experiences on fly.ninja may be supplied by independent partner operators or resold from third-party marketplaces such as Viator (TripAdvisor). The merchant of record for payment, booking confirmation, and customer support depends on the product and is disclosed at checkout.

• For many resold catalog experiences, the marketplace partner (for example Viator) is the merchant of record. Their terms may govern payment, confirmation, cancellations, and support in addition to these Terms.
• For direct operator experiences sold by fly.ninja as merchant of record, these Terms and our checkout disclosures apply together with the operator's activity rules.

Where checkout links to external terms (for example Viator's Terms of Use), those terms apply to the relevant transaction.

5. Accounts and Communications

You may receive service emails related to orders, gift delivery, voucher status, partner applications, and account security. These are part of the service and are not marketing messages.

If you opt in to marketing or newsletter communications, you may unsubscribe at any time using the link in the email or by contacting us. For partner and buyer flows that require email verification, you agree to complete verification when prompted and to keep your contact details accurate.

6. Intellectual Property

All content on fly.ninja, including text, graphics, logos, images, videos, software, and catalog presentation, is the property of FlyNinja S.L. or its licensors and is protected by international copyright, trademark, and other intellectual property laws. Experience descriptions, images, and ratings may originate from third-party suppliers and remain subject to their rights.

You may not reproduce, distribute, modify, scrape, or create derivative works from our site or catalog without our prior written permission, except where allowed by law or by our published agent-commerce documentation for programmatic catalog access.

7. Social Media and Marketing

We publish content on third-party platforms including YouTube, TikTok, LinkedIn, Reddit, Twitter/X, Instagram, and others. When you interact with our content on those platforms (comments, replies, shares), those interactions are governed by each platform's own terms of service.

We may use automated tools to generate, schedule, and publish marketing content. We may also use AI to draft or assist with responses on our social media channels.

8. Third-Party Services

Our services rely on third-party providers, including experience marketplaces (such as Viator), payment processors (such as Stripe and partner checkout systems), email delivery (SendGrid), hosting and infrastructure (Vercel, Cloudflare), and database services (Supabase). Your use of those services through fly.ninja is also subject to their terms and privacy policies where applicable.

When you authorise fly.ninja to connect to a third-party platform (for example a social account used for marketing automation), you grant us permission to perform only the actions described during authorisation. You can revoke access through the platform's settings or by contacting us at hi@fly.ninja.

9. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• Catalog, pricing, or availability information is always accurate or up to date
• The service will be uninterrupted, timely, or error-free
• Transactional emails will always be delivered (delivery depends on third-party providers)
• Third-party operators will deliver experiences exactly as described
• Every experience will be available on every date or for every participant combination

We source catalog data from partner operators and third-party suppliers. We make reasonable efforts to keep information accurate but cannot guarantee completeness or reliability of all data.

10. Limitation of Liability

To the maximum extent permitted by applicable law, FlyNinja S.L. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, including injury, loss, or dissatisfaction arising from an activity operated by a third party.

Our total liability for any claim related to these terms or our services shall not exceed the amount you paid us for the order that the claim relates to. Nothing in these terms limits liability that cannot be limited under mandatory consumer protection law.

11. Acceptable Use

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems, APIs, or data
• Scrape, crawl, or extract catalog data beyond our published agent-commerce limits without permission
• Interfere with or disrupt the service or its infrastructure
• Impersonate any person or entity or misrepresent your affiliation with an operator
• Submit fraudulent orders, chargeback abuse, or spam through our forms or APIs

12. Termination

We may suspend or terminate your access to our services at any time if you breach these terms, if required by law, or to protect the platform, operators, or other users. You can stop using our services at any time. Marketing opt-out is available via unsubscribe links or by contacting us. Order and partner records may be retained as described in our Privacy Policy.

13. Changes to These Terms

We may update these Terms of Service from time to time. If we make significant changes, we will post the updated terms on this page and update the "Last updated" date. For material changes affecting existing partner relationships, we may also notify you by email where appropriate. Your continued use of the service after changes are posted means you accept the updated terms, subject to any mandatory consumer rights in your country.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Spain. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain, without prejudice to any mandatory consumer protection rights in your country of residence.

14.1 EU consumer dispute resolution

If you are a consumer in the European Union, you can find guidance on out-of-court dispute resolution and a directory of certified alternative dispute resolution (ADR) bodies at https://consumer-redress.ec.europa.eu/.

15. Contact Us

If you have questions about these Terms of Service, contact us:

FlyNinja S.L.
C/ Emiliana de Zubeldía 5
28320 Pinto, Madrid, Spain
Email: hi@fly.ninja