BALLOON FLIGHT TERMS AND CONDITIONS
Under the terms of this agreement the Flight Provider
will provide a Flight to the holder of a valid Flight
Voucher (the ‘Flight Voucher holder’ or
‘You’), that is a Flight Voucher which
is in date or which has been extended in accordance
with the Terms and Conditions herein.
1 All Flight Vouchers are transferable to third parties
and are valid as set out herein. The terms and conditions
apply to the Buyer or the holder of a Flight Voucher.
2. You must contact the Flight Provider within 3
months of the purchase date shown on the Flight Voucher
quoting the booking number on the Flight Voucher to
make a first booking. The Flight must be booked for
a date within 6 months of the purchase date. If you
do not contact the Flight Provider and do not take
your Flight within the validity period, the Flight
Voucher will expire and you will lose the right to
a Flight. Unless you hold a Premier Flight Voucher
the Flight Provider will not make any refund where
the Voucher holder has not complied with this clause.
3. Cooling Off Period
3.1 A full refund for the cost of the Flight Voucher
can be obtained from the Flight Provider where the
Flight Provider is notified by the Buyer or Flight
Voucher Holder of the cancellation within 7 days of
the purchase of the Flight Voucher (the Cooling Off
Period). Refunds will only be made to the Buyer of
the Flight Voucher. Refunds to third parties are not
permitted.
3.2 Notice must be received by the Flight Provider
by 5pm on the seventh day after the purchase (the
Cooling Off Period).
3.3 Where a personalised presentation pack is requested
by the Buyer a charge of £10 per pack will apply
where the Voucher is cancelled to cover printing costs
and is chargeable by the Flight Provider irrespective
of whether or not notification of the cancellation
is received within the Cooling Off Period.
4. Premier Flight Vouchers
4.1 If you have purchased a Premier Flight Voucher
and do not wish to fly the purchase price of the Flight
Voucher will be refunded to the Buyer less a handling
fee of £25.00 subject to the following:-
4.1.1 You or the person to whom the Premier Flight
Voucher is given returns it to the Flight Provider
within 18 months of its date of issue
4.1.2 You must have complied with the terms and conditions
of the Premier Flight Voucher
4.2 Notification of the cancellation of the Premier
Flight Voucher must be made to the Flight Provider
in writing either by letter or by e-mail before its
expiry date
4.3 The Flight attempt provisions contained in clause
9 do not apply to the holders of Premier Flight Vouchers
5. All Flight Vouchers
5.1 All Flight Vouchers are valid for a period of
12 months from the date of purchase except Premier
vouchers which are valid for 18 months from the date
of purchase. If your Flight is not taken within this
time you will lose the right to participate in a Flight
except where the validity period of the Voucher has
been extended under the following terms and conditions:-
5.1.1 The Term of the Flight Voucher may be extended
by the Flight Provider if an event outside the control
of the Flight Provider such as Foot and Mouth Disease
or Avian Flu or other event which makes the provision
of the Flight either impossible or undesirable. The
extension is at the sole discretion of the Flight
Provider. The Voucher Holder will be advised of any
extension of the Flight Voucher when they contact
the Flight Provider either to book or confirm the
Flight
5.1.2 If the Flight Voucher holder has not complied
with the conditions set out in Clause 2 but would
still like to fly provided they contact the Flight
Provider in writing or by e-mail before the Flight
Voucher expires they may purchase another years validity
from the original expiry date at a cost of £50.00
per Flight Voucher
5.1.3 If payment was not made in full when the Flight
Voucher was purchased the balance must be paid at
least ten days before the Flight. You will not be
allowed to fly unless full payment for the Flight
has been received by the Flight Provider
5.1.4 You must telephone the Flight Provider as instructed
on the number provided to you at the time of the purchase
of the Flight Voucher to check that the Flight has
not been cancelled due to adverse weather conditions
or other event.
6. Postponement
6.1 You may postpone your Flight reservation:-
6.1.1 Up to 36 hours before the meeting time for
the Flight if the Flight is booked for a day
between Tuesday to Saturday inclusive,
6.1.2 If the Flight is booked for a Sunday or Monday
you must give the Flight Provider 72 hours notice
of postponement,
6.2 At the time of postponement you must re-schedule
your Flight for a mutually convenient date within
one month of the cancelled Flight date,
6.3 If you do not give notice of postponement in
accordance with this Clause 6 and are not at the meeting
point in time to take part in your scheduled Flight,
you will not be entitled to a re-scheduled flight
nor to any refund.
7. Fitness to fly
7.1 The Flight Provider is not qualified to express
an opinion confirming that you are fit to fly it is
your responsibility to ensure that you are fit to
fly. You must not fly if you are suffering from any
serious medical condition, or have recently undergone
surgery unless you have a certificate confirming your
fitness to fly from your doctor. You must not fly
if you are pregnant or under the influence of alcohol
or drugs
7.2 The Flight Provider’s paramount consideration
is your safety and the safety of other passengers
participating in the Flight. You must obey all requests
and instructions issued by the Pilot or any of the
Flight Providers representatives and take particular
care to abide by all safety instructions given. The
Pilot has complete discretion as to whether to allow
you to take part in the Flight and will refuse to
allow you to do so if in his opinion you would be
a danger to the Balloon, the other passengers or to
yourself.
8 Flight Conditions
8.1. The Flight Voucher will entitle you to participate
in a Flight at a date to be arranged within 12 months
of its purchase including, where appropriate, watching
the preparation and inflation of the Balloon for the
Flight, a Flight in a hot air balloon, gift folder,
champagne, toast and flight certificate.
8.2 Flights are dependent upon the weather conditions
and are regulated under the Air Navigation Order.
It may be necessary to postpone a Flight at any time
if in the judgement of the Pilot or the Flight Provider
conditions are not safe or the Flight would not be
permitted under the Air Navigational Order. The Flight
Provider will give you as much warning as operational
procedures allow of the Flight postponement.
8.3 In order to ensure the safety of the Balloon
and its passengers, the Pilot and Flight Provider
reserve the right to postpone a Flight at any time
up and including the moment of launch.
8.4 In the event of a Flight being cancelled due
to adverse weather conditions or for any other reason
by the Flight Provider except in the event of an occurrence
outlined in Clause 14, alternative dates will be offered
as soon as reasonably possible after the cancelled
Flight.
8.5. It is intended that the Balloon Flight will
last for approximately 1 hour but the Pilot has ultimate
responsibility for deciding the duration and conduct
of any Flight. The Pilot is responsible for deciding
the appropriate time and place of any landing. The
Flight Provider cannot guarantee that the Flight will
follow any particular direction or land at a specific
location or last for a specific length of time.
9 Extensions
. If the Flight Provider has postponed your Flight
on eight or more occasions and the Flight Voucher
then remains valid for a period of less than two months,
the Flight Provider will extend the validity period
of the Voucher to include the next three months of
the flying season which is 1st March to 31st October.
If this extends the validity of the Voucher into the
flying season of the following year the Voucher will
also be valid for the intervening months.
10 Refunds
10.1 Flight Vouchers other than Premier Flight Vouchers
are not refundable except in the following events:-
10.1.1 you must have fully complied with the terms
and conditions of the Flight Voucher and made every
effort to arrange a Flight.
10.1.2 Refunds of the cost of the Flight Voucher
will be based on the number of attempts you have made
to fly within the 12 month validity period as follows;
0-3 attempts no refund
4-6 attempts 25%
7-8 attempts 50%
over 8 attempts 75% or a Voucher Extension (subject
to agreement by the Flight Provider)
10.2 Refusing to accept dates offered by the Flight
Provider will not constitute attempts to fly.
10.3 Where medical reason prevents you flying you
must notify the Flight Provider of the reason preventing
you from taking your Flight at least one month before
the expiry date of the Flight Voucher and supply a
doctor’s certificate that you will remain unfit
for the duration of the validity period. In the event
of the death of the Voucher holder, on the production
of a death certificate for the Flight Voucher holder
the Flight Provider will refund the percentage balance
remaining of the Voucher validity (this may be between
10% to 100%) depending on the number of attempts made
to fly.
10.4 If the Flight Provider has agreed with the Buyer
at the time of the purchase of the Flight Voucher
that the Flight can be taken on a specified date or
within a specified period of not more than one month’s
duration. Where the Flight Provider is unable to provide
the Flight at that time or during that period due
to events beyond the control of the Flight Provider,
then the Flight Provider will refund the Voucher cost
less a £25.00 handling fee. This refund only
applies to Flights where the date and time of the
Flight are agreed between the Buyer and the Flight
Provider in writing at the time of the purchase of
the Voucher.
10.5 In the event of a dispute arising between the
Voucher Holder and the Flight Provider over the refund
the matter is to be referred to the Chairman for the
time being of the British Association of Balloon Operators
who acting as an arbitrator will determine the matter.
The costs of the referral (if any) to be determined
in the ruling.
10.6. If you are unable to fly during the validity
period of your Flight Voucher because you are pregnant
the Flight Provider will extend the validity period
by nine months provided the Flight Provider has been
notified during the first four months of the pregnancy.
11. Insurance
The Flight Provider carries insurance cover against
the risk of injury or damage to passengers and their
belongings during the course of our flights as laid
down by European Air Transport Regulations to a maximum
limit of £1 million. If you do not consider
that the amount of insurance cover would be adequate
to compensate you for any loss whether for death,
personal injury or damage to your belongings you should
take independent advice to arrange additional cover.
The Flight Provider will not be held liable for any
loss or damage to clothing, equipment or effects brought
with you onto the Flight nor for death or personal
injury unless it has been caused by the recklessness
of the Pilot or the Flight Provider.
12 Additional Provisions
12.1 The Flight Provider does not accept liability
for any costs or expenses or damages consequential
or otherwise the Buyer or Voucher Holder has or may
incur if the Flight Provider has postponed or cancelled
any Flight for any reason.
12.2 If due to circumstances beyond the control of
the Flight Provider, the Flight Provider has to withdraw
or change any advertised Flight venues an alternative
venue will be offered at a reasonable distance from
the original site.
12.3. The Flight Provider reserves the right to change
launch sites if the wind direction or airspace restrictions
prevent safe flight on your chosen day. In this instance
the Flight will be transferred to the nearest alternative
site of the original launch site.
12.4 Balloon in the box orders are sent by special
delivery service of the Royal Mail. Whilst every effort
is made to ensure delivery takes place in accordance
with your instructions the Flight Provider cannot
guarantee delivery. The limit of liability in the
case of a failed or damaged delivery shall be the
maximum of the original purchase price of the Balloon
in the box.
12.5 Due to restrictions in the lifting capacity
of the Balloons passengers weighing over 120 kilos
may be charged a surcharge of £50.00 for the
Flight. The money is to be payable to the Flight Provider
at the time of booking.
12.6 The Flight Provider will not fly children under
the age of 7 years. A child under the age of 16 years
will only be flown if accompanied by a responsible
adult.
12.7 All passengers should wear appropriate clothing
as is advised to you in advance of the Flight and
as further detailed in the Flight Providers brochure.
12.8 The Flight Provider will not allow smoking on
board the Balloon or within close proximity to the
Balloon.
13. Law and Jurisdiction
The Contract is governed by English Law and subject
to the jurisdiction of the courts of England and Wales.
14. Force Majeure
In the occurrence of an event outside of the control
of the Flight Provider including war, act of God (such
as flood, earthquake), civil unrest or terrorism make
the contract impossible to perform then the contract
will be rescinded without any further obligation by
either party.
15. Third Party Act
For the purposes of sub section 1 (1)(6) of the
Contracts (Rights of Third Parties) Act 1999 the parties
hereto agree that they do not intend any term of this
agreement to be enforceable by a third party except
to the extent that the third party has any right or
remedy that exists apart from that Act.
16. Notices
. Receipt of notification is deemed to take place
within 48 hours of being posted by 1st class post
or on the same day when sent by e-mail (during normal
office hours) and the next working day when sent out
of normal office hours (normal office hours being
9.00 a.m. – 5.00 p.m. weekdays, excluding public
holidays). Where notice is given in person to the
Flight Provider receipt of notification will be deemed
to take place at the time of receipt
Please send all correspondence to Nursery Farm, Woodborough,
Nr Pewsey, Wiltshire SN9 5PF
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