1.Definitions and Interpretation
’Seats’ refers to the seats or other types of ‘Event’ refers to the Lounge In The Sky experience, which will be held at a venue in respect of which we have the right to sell you seats. Evidence (including electronic/online purchases) for our event sold by us to you. ‘Venue’ means any facilities or locations of any nature where the event is being held. ‘We’ means the organizer. ‘Us’ and ‘Our’ shall be read accordingly. ‘You’ means the seat purchaser or anybody who in our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
• All prices quoted are in RINGGIT MALAYSIA and exclusive local taxes and SST.
• All seats are sold subject to availability and these terms and conditions. These terms and conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase, as purchase of seats constitutes acceptance of these terms and conditions.
• You shall receive the confirmation of seat(s) from the System through the e-mail address provided by the Customer in the System upon paying for the seat(s).
• You shall not decide on the arrangement of seats during the event.
• A valid seat confirmation must be produced to get into the event. Seat is valid on the date of the event only. 1(one) seat admits 1(one) person only.
• Removing any part of, altering or defacing the seat confirmation may invalidate your seat. It is your responsibility to check your seat during the purchase process on our System. Any mistake made during the purchase cannot be rectified after the purchase. Please check your seat confirmation carefully and contact us immediately if there is a mistake.
• The resale of seats is prohibited. We reserve the right to cancel any seat/seats that have been resold.
• Any use of the Lounge In The Sky System website, its contents and data for any unlawful activities, as well as for the purpose of sale or resale of seats, for advertising or business purposes or otherwise for receiving any benefits, incl. intermediation of seats, is prohibited without organizer prior written consent. We shall have the right to charge a contractual penalty for breach of contract in the amount of up to RM100,000.00 from any customer who has violated this provision.
• Once seats are sold, no refund, amendment or cancellations will be entertained.
• We will not be responsible for any seat confirmation that is lost, stolen or destroyed.
• The Organiser only accepts responsibility for seats bought from one of its own managed sales points.
• Ownership or possession of a seat confirmation does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the seat confirmation.
• Any seat or seat confirmation obtained in breach of these terms and conditions shall be void and all rights conferred or evidenced by such seat shall be void. Any person seeking to use such a void seat in order to gain or provide entry to our event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void seats are non-refundable.
• You may transfer the seats and the consideration for seat transfer will however be given if you can provide evidence of double purchase, illnesses or other related emergencies the Organizer 48 hours before the dinner through email: [email protected] together with his/her replacement’s details such as: Full name, Identification Card number/ Passports number, contact details etc.
• By performing any action on the System’s site, Customer confirms that:
o 1) He/she is an individual of at least 13 years of age, has full passive and active legal capacity for using the System.
o 2) It is a legal entity whose representative has all and any powers to use the System services in the name of that person, and to assume any obligations for that legal entity;
o 4) Pregnant women are not allowed to experience Lounge In The Sky.
o 5) If the guest is under the age of 18, the presence and signature of parents/guardian that is at least 18 years old and above will be required for indemnity form.
3.Price & Payment
• The price of the seat shall be the price set at the time we accept your order.
• Please be advice that additional credit/debit card or banking fees may be charged per seat on certain performances.
• If you pay via credit card, you can find the payment transaction on your credit card statement under the name "TBC-Elements KL". The official payment gateway of Lounge In The Sky is TBC-GlobalPayment
• Discount / Promotion codes is not applicable in conjunction with other on-going promotions, discounts, vouchers or privilege cards.
4.Changes to Event
The Organiser may postpone, delay, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond reasonable control.
In the event of the event being delayed, cancelled or postponed, the Organizer cannot be held responsible for any costs incurred by the customer for travel, accommodation or any other related service. Decisions to postpone or delay events are not under the Organizer’s control; therefore we are not liable and will not offer compensation or refunds of any costs incurred. A full refund (on the fee of the seat only) will be given if the Organizer makes the cancellation.
6.Cancelled or Re-scheduled of Event
It is your responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of any re-scheduled event. Where an event is cancelled or re-scheduled, the organizer will use our reasonable and best endeavours to notify you.
7.Use of details and data
Information is collected from those registering in the system in order to facilitate seat purchase or other services available.
8. Conditions of admission
• You have to be at least 13 years old and above to be able to take part in the Lounge In The Sky experience. If the guest is under the age of 18, the presence and signature of parents/guardian that is at least 18 years old and above will be required for indemnity form.
• Punctuality is very important for the Lounge In The Sky Malaysia experience. You are advised to arrive at the exact scheduled time of your package. If there is a delay on your arrival and the platform has already been lifted, the Organizer will not lower the platform for you and your seat will be cancelled automatically, with no refund will be given.
• You are advised to dress accordingly to the weather. Please be advised that at 50 meter height the wind can be stronger and the temperature can be lower than usual. Once the platform has already been lifted, the organizer will not lower the platform for you if you request to change your attire, shoes, etc.
• The Organizer cannot guarantee that participating chefs and restaurants will prepare dishes without common allergens, such as nuts, dairy, gluten, etc. You are advised to go through the menu at our website before purchasing a seat. You shall be responsible for your own health and safety and shall observe any and all precautions regarding your medical condition inter alia diabetes, food allergies etc. without any recourse towards the Organizer.
• The Organizer reserves the right to refuse or deny your admission to the venue in reasonable circumstances including health and safety matters, licensing reasons or where a seat is void. The Organizer also reserves the right to request you to leave the venue at any point of time on any reasonable grounds and may take any appropriate action to enforce this right.
• By way of example, the Organizer may remove anybody who:
o a) behaved in a manner which, in the reasonable opinion of the Organiser has, or is likely to affect the enjoyment of other Customers; or
o b) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may disturb the peace of the Organizer and other Customers; or
o c) in the reasonable opinion of the Organizer, you are acting under the influence of alcohol or drugs.
• You must comply with the instructions and directions given by the Organizer, the staff and stewards on duty. No refunds will be given who has been denied entry due to their own behavior as suggested in, but not limited to, the examples above.
• You voluntarily assume all risk and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage or liability.
• Lounge In The Sky Malaysia does not limit in any way the participation of any disabled person, but the said individual MUST provide sufficient information (in writing) regarding their medical condition to the organizer prior to purchasing a seat. The organizer will then assess the situation and people trained in safety experience will decide whether the individual may or may not participate.
9.Safety Rules for the event
• The Organiser has the discretion to decide on the height of the table once it is lifted, based on the recommendation from our safety officer at any particular day or time.
• In the case of adverse weather conditions, the Organizer has the rights to delay the dining session (at the organizer’ discretion but with a maximum delay of 1.5 hours only). If the condition of the weather does not improve, the dining session will be moved to our indoor lounge. Your menu and serving style remains the same. Please note that no refund will be given in such cases.
• For safety reasons, you must be at least 145 cm of height and with a maximum weight of 150kg of weight to enjoy the Lounge in The Sky.
• We suggest you to avoid wearing open shoes or shoes without laces on the day of the event.
• Safety belts are for your protection. Leave them as they are and do not try to open them at any point during the dining session.
• It is strictly forbidden to throw/release anything from the table at any time. Failure to adhere to this condition will lead to ejection and shall be asked to leave the venue at any point of time with no refund will be given.
• Smoking of conventional and or electronic cigarette / cigar is strictly prohibited during the Lounge In The Sky Malaysia experience. Failure to adhere to this condition will lead to seat purchasers being asked to leave the venue at any point with no refund will be given.
• Only small items such as cell phone or compact cameras will be allowed to be brought together with you to the table during the dining session. Strictly no bouquet of flowers or large handbags are allowed on board as lockers will be provided for large items as mentioned above. It is your responsibility to keep your personal belongings like cell phones, cameras safe. The organizer is not to be held responsible for the damage or loss of your items, if any.
• You are obliged to adhere and obey any instructions given by the staff of Lounge In The Sky Malaysia at all times. Touching any operational device or machinery is strictly prohibited and may result to legal actions.
10.Restrictions and Prohibitions
• The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside the event venue is strictly forbidden, unless for personal use only. Unauthorized recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made during the Event constitutes a breach of these conditions and shall automatically belong to the Organizer. The Organizer will not be held liable for any loss, theft or damage to any confiscated items.
• The Organizer reserves the right to use any photograph/video taken at any Lounge In The Sky ® event, without the expressed written permission of those included within the photograph/video. The Organizer may use the photograph/video in publications or other media material produced, used or contracted by the organizer including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.
• Any person desiring not to have their photo taken or distributed must inform the Organizer in writing of his/her intentions and include his or her photograph. The Organizer will use the photo for identification purposes and will hold it in confidence.
• The following are not permitted within any venue: a) animals b) Your own food and drink (unless permitted by the Organizer); c) Bottles, cans or glass containers (unless permitted by the Organizer); d) Any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and e) Illegal substances f) Professional/ commercial recording devices
• You are agreeing to follow directions given by authorized personnel of the Organizer to submit any search for prohibited items including weapons, controlled/dangerous and illegal substances.
• The Organizer, the venue owner, the sponsors, the contractors, their agents and employees shall not be liable for any death, personal injury, loss or damage caused while at the venue or during the Event, nor are they liable for any postponement of the dinner. The seat purchaser is purchasing and accepting the seat voluntarily and assumes all risk and danger incidental to the event whether occurring prior to, during or subsequent, to the event, including death, personal injury, loss, damage and liability.
11. Weather Conditions
The Organizer has the full rights to move the Lounge In The Sky experience indoors at a ground level lounge, subject to conditions deemed unsafe such as the following (with no refunds given):
• 1. Heavy rain/ thunderstorm
• 2. Haze
The Organizer has the full rights to completely cancel any dining session subject to conditions deemed unsafe such as the following (with full refunds given for seat purchased only):
• 1. Power Failure by the venue provider
• 2. Flooding, hurricane, earthquake or any Force Major event at the venue
• 3. Any politically motivated restriction/strike/curfew at venue or its surrounding
• Seats purchased cannot be refunded, exchanged or cancelled once issued except in the event of a cancellation by the Organizer themselves. Moving the dinner experience into the event lounge is NOT considered a cancelation and therefore will NOT be refunded.
• If an event is cancelled by the Organizer, the following situation will take place: For ONLINE credit or debit card purchasers, we will work with your respective card’s banks to automatically debit the amount back into your card. This process takes approximately 14 working days after the Event.
• If the Event is postponed, purchased seats for the original date will be valid for the new date unless otherwise notified. Purchasers will have the option to seek a refund for the value of the purchased seat(s) for a postponed event as below: a) a refund form will be uploaded on our website. You will need to fill up this form, attach proof of purchase and send it back to us via Email ([email protected] ) or to our Office Address (Unit 45-10, Level 10, The Boulevard, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia)
Please be informed that the refund process will need at least 28 working days from the date of receiving your refund application form.
Elements KL Sdn Bhd (1187693-K)
Hive, Unit H-G-11, Trec, 438, Jalan Tun Razak, Kuala Lumpur