The Ballooning Business
Established in 1989, we are one of the UK's original balloon ride companies!
TERMS & CONDITIONS V7 1211
1) It is our intention that all the terms of the contract between us are contained in these Terms & Conditions and in the brochures and associated documents issued by us and in the information shown on our website. You will be bound by all these Terms & Conditions. If you wish to rely on a variation in these terms you should ensure that we agree the variations in writing when the completed Booking Form is returned. If your purchase is through a booking agent or a hotel you must agree any variation in these Terms with us and not the booking agent or the hotel.
2) This contract is made with you but you can give the flight experience (on the terms of this Contract) to someone else provided you tell us in writing. These Terms & Conditions will still apply and "you" will refer to that person.
GIFT VOUCHER PURCHASE
3) The purchase of any Gift Voucher for a Hot Air Balloon Flight Experience must be made on one of our standard Booking Forms, which will include, or provide access to, our Terms & Conditions.
4) Gift Vouchers may be purchased by telephone, mail or electronically from our website. Purchases from the website automatically require acceptance of these Terms and Conditions and the Gift Voucher may be available to download. In all other circumstances your order will normally be confirmed by post to you with one of our Booking Forms. You should check the details, read the Terms & Conditions and return a signed copy of the Booking Form to us by post within 7 working days commencing on the working day after you receive the Gift Voucher.
5) If you do not agree with our Terms & Conditions you have a right to cancel your purchase within 7 working days ("the cooling-off period") commencing on the working day after you receive the Gift Voucher, subject to notifying us in writing within 7 working days as specified above. All documents received from us must be returned in a clean and tidy condition. For the purposes of this contract "working day" shall be taken to mean the period from 9 AM to 5 PM from Monday to Friday, excluding public holidays.
6) Gift Vouchers are a personalised item and you will incur a £10.00 Handling Charge per Gift Voucher if cancelled within 7 days of receipt in accordance with Clause 5.
7) Unless you cancel, as specified in Clause 5, you will be bound by these Terms & Conditions.
8) If within 7 working days of dispatch you use your Gift Voucher to make a booking for a flight date, or to purchase goods, you are deemed to have accepted, and will be bound by, these Terms & Conditions.
9) If payment was not made in full when the Gift Voucher was purchased the balance must be paid either by the specified date for payment or at least fourteen days, whichever is the earliest, before the first date for which you book your flight. Such deposits are non-refundable.
10) Supplements may be applicable for flights from special events, such as balloon festivals, special locations etc.
11) You may upgrade, or vary the type of Gift Voucher, provided it is valid and we receive the required additional payment, such payment does not change the expiry date of the gift voucher. We reserve the right to make a Handling Charge if we deem it appropriate.
12) Under the terms of this agreement the Company will provide goods or services to the holder of a valid Gift Voucher which is in date or which has been extended in accordance with these Terms & Conditions. Gift Vouchers can be used to purchase goods or services to the value of the Gift Voucher. Goods of a higher value or upgrades can be purchased and the purchaser will be required to pay any outstanding balance and/or the additional cost of the purchase at the time of delivery or dispatch. No refund or credit will be payable against purchases of a lesser value than the Gift Voucher.
13) You can sell or give away a Gift Voucher to a third party on the understanding that it is only valid until the Expiry Date shown on the Gift Voucher. We will not make any refunds to any party and you must inform us in writing prior to such a sale to whom you have sold it. These Terms & Conditions will still apply, save in the matter of refunds, and "you" in these Terms & Conditions will refer to that person. We reserve the right to make a Handling Charge if we deem it appropriate.
GIFT VOUCHER VALIDATION
14) In order to validate your Gift Voucher you must contact us within 3 months of the purchase date to book your flight. This should be for a date within 6 months of the purchase date. If you do not do so you will lose your entitlement to a flight, to use the Gift Voucher to purchase goods and to any refund. It is important that this provision is made known to any third party for whom the Voucher is purchased as a gift.
15) Once validated your Gift Voucher will provide the opportunity for you to participate in a hot air balloon flight experience, including the preparation and inflation of the hot-air balloon or to use the Voucher to purchase goods, for a period of 12 months from the purchase date. If your flight is not taken within that time, you will lose your entitlement to a balloon flight and to use the Gift Voucher to purchase goods unless the Validity Period of the Gift Voucher has been extended for some other reason under these Terms & Conditions.
16) If you have validated your Gift Voucher and do not take your flight within the Validity Period, the Gift Voucher will expire at the end of its Validity Period and you will lose your entitlement to a flight and the use of the Gift Voucher to purchase goods. We will not make any refund in these circumstances.
THE FLIGHT
17) It is intended that the balloon will be in the air for approximately one hour but the pilot has absolute responsibility for deciding the duration and conduct of any flight and the appropriate time and place of any landing. We cannot guarantee the duration of a flight or that it will follow any particular direction. If the flight duration is less than 30 minutes due to safety reasons, the Voucher Holder will be offered another flight at no further cost.
LAUNCH SITES
18) Launch sites may have practical or legal limitations on use. Information on these will be provided in the Passenger Information Pack. In circumstances where such limitations exist we reserve the right to change to a launch site most appropriate to the weather and operational conditions prevailing. We also reserve the right to change to another launch site where circumstances beyond our control require such a change. In such circumstances the distance to the alternative site will not normally exceed 20 miles (32 km) from the original site.
19) If due to circumstances beyond our control we have to withdraw or change any advertised launch site an alternative venue will be offered which will not normally exceed a distance of 20 miles (32km) from the original site.
SAFETY
20) Our paramount consideration is your safety and the safety of others participating in the flight and you must obey all requests and instructions issued by any of our representatives and take particular care to abide by any safety instructions given. The Pilot has absolute discretion under the current Air Navigation Order as to whether to allow you to take part in the flight and will refuse to allow you to do so if in their opinion you would be a risk to the safe conduct of the flight, to the balloon, to other passengers or to yourself. In these circumstances you will lose your entitlement to a flight, the use of the Gift Voucher to purchase goods, and to any refund.
21) Ballooning activities intrinsically involve the possibility of physical risks greater than those encountered in daily life, even though they are conducted under the supervision of commercial pilots who exercise all due precautions to ensure safety. By taking part in such ballooning activities passengers are understood to be fully aware of and to accept these risks.
22) Smoking is not permitted within 25 metres of any part of the balloon nor on board.
INSURANCE
23) We carry insurance cover for any legal liability we may be found to have to you for any injury you may sustain, or for damage sustained by your belongings during the course of flight, or during embarkation or disembarkation. However English Law in some circumstances sets maximum limits on our legal liability to you that you might regard as inadequate to compensate for any loss, whether for death or personal injury or damage to your personal belongings.
24) The combined single limit third party and occupant liability and passenger effects insurance cover for each of the company's balloons is in accordance with current European Legislation covering Air Transport.
25) We can provide further details upon request and 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 out your own additional cover. We will not be liable for any loss or damage to equipment and effects brought with you on the flight nor for death or personal injury above the level of our insurance cover unless it has been caused by our recklessness.
MEDICAL CONDITIONS & DISABILITIES
26) We are not qualified to express an opinion concerning your fitness to fly and you must ensure that you are fit to fly. You must not fly if you are suffering from any significant medical condition, or have recently undergone surgery, if you are pregnant or under the influence of alcohol and/or drugs. It is necessary that you disclose any aspect of your medical or physical condition that could be considered to affect your safety or the safety of others. We may ask you to provide a certificate of your fitness to fly from your doctor or specialist.
27) We welcome the participation of disabled people in our experiences, though we recognise that to be able to participate safely in a Hot Air Balloon Flight certain disabilities may present greater difficulties than others. We are committed to ensuring that customers with disabilities are given every opportunity to participate, so we require that you tell us about any disability or medical condition, even if YOU do not consider that it is a disability, at the time of ordering. Such information is needed to allow us to respond to our duty of care for your safety. This enables us to do our best to meet the participant's particular needs if possible. We will be happy to provide information about the disabled facilities available at specific venues on request. We are unable to fly any person who is confined to a wheelchair, as our baskets are not licensed for the carriage of passengers in wheelchairs.
LIMITATIONS
28) We strongly request that you make us aware of any personal difficulties or limitations you may experience in your availability to make your flight booking, at your earliest opportunity, and that this is done by letter, fax or email.
29) We will only fly a child whose age is 7 years or over and recommend that a child's height should exceeds 4' 6" (1.4m). A child of under 16 years old will only be flown if accompanied by a responsible adult appointed by the parent(s) or guardian. If the passenger is 16 or 17 years old and will be unaccompanied, the written consent of a parent/guardian will be required.
30) In the interests of safety and operational requirements we cannot undertake the carriage of passengers whose weight exceeds 18 stones (114 kg).
POSTPONEMENT
31) Hot air balloon flights are completely dependent upon the weather and are regulated by the current Air Navigation Order. It may be necessary to postpone a flight at any time if in our judgement the conditions are not safe or the flight would not be permitted under the Air Navigation Order. We will give you as much warning as operational procedures allow of any postponement but in order to ensure safety we reserve the right to postpone a flight at any time up to the moment of launch.
32) You may postpone or change your flight reservation with the following notice, provided that you do so by telephone during the working day and re-book for a date within 30 days of the cancellation :-
At least two full working days before the meeting time for the flight if your flight is booked for a day between Tuesday to Saturday
At least three full working days before the meeting time for the flight if your flight is booked for a Sunday or Monday;
A message left on an out-of-hours answering machine; that is sent by fax, or by e-mail, is not acceptable as a method of postponement.
33) If you do not give notice of postponement in accordance with Clause 32 above or do not attend in time to take part in your booked flight, you will have lost your entitlement to a balloon flight, to use the Gift Voucher to purchase goods and to any refund. You are responsible for your travel arrangements to and from the meeting point and we do not accept liability for delays in your travel arrangements.
34) If flights are suspended due to operational restrictions (such as avian flu, blue tongue, foot and mouth etc or any other event which makes the provision of the flight either impossible or undesirable) beyond the Company's control, the extension to the period of validity of the Voucher is at our sole discretion. The Voucher Holder will be advised of any extension of the Gift Voucher when they contact us either to book or confirm a flight. We cannot be held liable for any of the client's losses or cost of whatever nature that result from the suspension of any flights in accordance with this clause.
35) We do not accept liability for any costs or expenses you incur if we have to postpone any flight where the reason for the postponement is beyond our control.
EXTENTIONS
36) If we have postponed your flight on 5 or more occasions and your Gift Voucher then remains valid for a period of less than 2 months we will extend the Validity Period of the Gift Voucher to include the next 3 months of the flying season (which is April to October).. If this extends the validity of the Gift Voucher into the flying season of the following year, the Gift Voucher will also be valid for the intervening months. If during the extended period a booked flights is cancelled on 2 more occasions, the Gift Voucher will be extended again for a further 3 months of the flying season or over to the next flying season if applicable.
37) Dates offered by us and refused by the Voucher holder do not constitute "attempts to fly". Nor do dates requested of us but which are not available. In relation to this clause a flight booking is one where we have confirmed a flight to you that you have neither cancelled nor changed and which we have had to cancel for operational reasons.
38) If you have not met the conditions in Clause 37 and you contact us in writing before your Gift Voucher expires we will provide you with the opportunity to fly for a further 12 months from the original Expiry Date of your Gift Voucher at a cost of £50 per person.
39) If you are unable to fly during the Validity Period of your Gift Voucher because you are pregnant we will extend the Validity Period by 12 months provided we have been notified in writing during the first 4 months of the pregnancy.
REFUNDS
40) A Voucher is not redeemable for cash.
41) If we provided specific written agreement at the time of the Gift Voucher purchase that the flight must be taken on a specified date, or within a specified period of time of not more than one month from the purchase date, and we were unable to fly at the time due to events beyond our control, we will refund the cost of the Gift Voucher(s) less a £25 Handling Charge per person, a higher handling fee may be charged for Exclusive Flights.
42) Gift Vouchers, other than Premium Gift Vouchers, are only refundable at our discretion. You will need to have complied fully with the Terms & Conditions of the Gift Voucher and made every effort to arrange a flight.
43) Any request for a refund must be submitted in the form of a signed letter sent by Recorded Signed For ™ delivery or equivalent in order that we can provide HM Revenue and Customs with independent evidence of any refund made. All documents received from us must be returned in a clean and tidy condition. Refunds will not be made to any third party. Refunds are always made to the person who purchased the experience, and if originally purchased by credit card, the refund will be credited to the same card. If the card has expired you will need to provide written details of any new credit card.
44) Refunds will not be made for any Gift Voucher that has passed the initial 12 month Validity Period, nor for any Gift Vouchers that were not validated within 3 months of receipt. Also see Clause 13.
45) In the following exceptional circumstances we will give reasonable consideration to a request for a refund. We will base any refund on the remaining amount of the Validity Period of the Gift Voucher :
a) Where medical reasons prevent you flying you must notify us at least one month before the Expiry Date of the Gift Voucher and supply a Doctor's Certificate that you will remain unfit for the duration of the Validity Period.
b) In the event of the death of the Voucher Holder. We may ask for a copy of the Death Certificate.
46) Gift Voucher Upgrade, Administration and Handling Charges are not refundable.
47) A "Balloon in a Box" is fully personalised and is therefore non-refundable.
48) The purchase price of all other merchandise, such as sweatshirts, is refundable wholly or in part solely at our discretion.
TERMS & CONDITIONS SPECIFIC TO PREMIUM VOUCHERS
49) Premium Gift Vouchers are specifically refundable on request within the original 12 months of validity, subject to complying with the general requirements of these Terms & Conditions and the deduction of a £25 Handling Charge per person. It is also necessary that :-
a) You or the person to whom the Gift Voucher is given returns it in good condition to us within 12 months of its date of issue.
b) Notification of the cancellation of the Premium Gift Voucher must be made to us in compliance with Clause 44.
c) It has not been sold on as specified in Clause 13.
GENERAL
50) You should make yourself aware of the contents and information provided in the Passenger Information Pack and before your appointed flight reservation you must telephone our flight information/weather line in accordance with our instructions to check that the flight has not been affected by adverse weather conditions or in any other way.
51) It is the responsibility of the passenger to re-book a postponed flight in order that we have the opportunity to complete the contract. In the event of a flight being cancelled the current range of alternative dates will be available on enquiry to the booking office or on the company website(s).
52) We cannot supervise vehicles parked at the meeting point for a flight and vehicles and their contents are left at your risk and no liability is accepted for any loss or damage to your vehicle or contents unless it is due to our negligence.
53) You should wear such appropriate clothing as is advised to you in advance of the flight and as further detailed in the brochures and associated literature supplied to you.
54) "Balloon in a Box" orders sent by Royal Mail Special Delivery Service are guaranteed for delivery before 1PM on Monday to Saturday only. The limit of our liability in the case of a failed or damaged delivery shall be no more than the original purchase price of the "Balloon in a Box".
55) If we are unable to provide the service for whatever reason then we may terminate the contract. We cannot be held liable for any of the client's losses or cost of whatever nature that result from the cancellation.
56) The Ballooning Business Ltd reserves the right to change these terms from time to time without reference to customers. Current Terms & Conditions are available on the company's website(s) www.ballooningbusiness.co.uk / www.the-balloon.co.uk.
57) Unless specifically provided for in these Terms & Conditions, no third party shall have any rights under or in connection with these Terms & Conditions.
58) You consent to us processing data provided by you and relating to you in accordance with The Data Protection Act 1998 and for this data to be held on computer files and used for the purposes of administration, accounting and marketing.
59) The provisions of these Terms & Conditions are separate, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that will not affect any other provisions or the remainder of the relevant provision.
60) This agreement shall be construed, interpreted and applied in accordance with the Laws of England and Wales and subject to the jurisdiction of its courts.
1) It is our intention that all the terms of the contract between us are contained in these Terms & Conditions and in the brochures and associated documents issued by us and in the information shown on our website. You will be bound by all these Terms & Conditions. If you wish to rely on a variation in these terms you should ensure that we agree the variations in writing when the completed Booking Form is returned. If your purchase is through a booking agent or a hotel you must agree any variation in these Terms with us and not the booking agent or the hotel.
2) This contract is made with you but you can give the flight experience (on the terms of this Contract) to someone else provided you tell us in writing. These Terms & Conditions will still apply and "you" will refer to that person.
GIFT VOUCHER PURCHASE
3) The purchase of any Gift Voucher for a Hot Air Balloon Flight Experience must be made on one of our standard Booking Forms, which will include, or provide access to, our Terms & Conditions.
4) Gift Vouchers may be purchased by telephone, mail or electronically from our website. Purchases from the website automatically require acceptance of these Terms and Conditions and the Gift Voucher may be available to download. In all other circumstances your order will normally be confirmed by post to you with one of our Booking Forms. You should check the details, read the Terms & Conditions and return a signed copy of the Booking Form to us by post within 7 working days commencing on the working day after you receive the Gift Voucher.
5) If you do not agree with our Terms & Conditions you have a right to cancel your purchase within 7 working days ("the cooling-off period") commencing on the working day after you receive the Gift Voucher, subject to notifying us in writing within 7 working days as specified above. All documents received from us must be returned in a clean and tidy condition. For the purposes of this contract "working day" shall be taken to mean the period from 9 AM to 5 PM from Monday to Friday, excluding public holidays.
6) Gift Vouchers are a personalised item and you will incur a £10.00 Handling Charge per Gift Voucher if cancelled within 7 days of receipt in accordance with Clause 5.
7) Unless you cancel, as specified in Clause 5, you will be bound by these Terms & Conditions.
8) If within 7 working days of dispatch you use your Gift Voucher to make a booking for a flight date, or to purchase goods, you are deemed to have accepted, and will be bound by, these Terms & Conditions.
9) If payment was not made in full when the Gift Voucher was purchased the balance must be paid either by the specified date for payment or at least fourteen days, whichever is the earliest, before the first date for which you book your flight. Such deposits are non-refundable.
10) Supplements may be applicable for flights from special events, such as balloon festivals, special locations etc.
11) You may upgrade, or vary the type of Gift Voucher, provided it is valid and we receive the required additional payment, such payment does not change the expiry date of the gift voucher. We reserve the right to make a Handling Charge if we deem it appropriate.
12) Under the terms of this agreement the Company will provide goods or services to the holder of a valid Gift Voucher which is in date or which has been extended in accordance with these Terms & Conditions. Gift Vouchers can be used to purchase goods or services to the value of the Gift Voucher. Goods of a higher value or upgrades can be purchased and the purchaser will be required to pay any outstanding balance and/or the additional cost of the purchase at the time of delivery or dispatch. No refund or credit will be payable against purchases of a lesser value than the Gift Voucher.
13) You can sell or give away a Gift Voucher to a third party on the understanding that it is only valid until the Expiry Date shown on the Gift Voucher. We will not make any refunds to any party and you must inform us in writing prior to such a sale to whom you have sold it. These Terms & Conditions will still apply, save in the matter of refunds, and "you" in these Terms & Conditions will refer to that person. We reserve the right to make a Handling Charge if we deem it appropriate.
GIFT VOUCHER VALIDATION
14) In order to validate your Gift Voucher you must contact us within 3 months of the purchase date to book your flight. This should be for a date within 6 months of the purchase date. If you do not do so you will lose your entitlement to a flight, to use the Gift Voucher to purchase goods and to any refund. It is important that this provision is made known to any third party for whom the Voucher is purchased as a gift.
15) Once validated your Gift Voucher will provide the opportunity for you to participate in a hot air balloon flight experience, including the preparation and inflation of the hot-air balloon or to use the Voucher to purchase goods, for a period of 12 months from the purchase date. If your flight is not taken within that time, you will lose your entitlement to a balloon flight and to use the Gift Voucher to purchase goods unless the Validity Period of the Gift Voucher has been extended for some other reason under these Terms & Conditions.
16) If you have validated your Gift Voucher and do not take your flight within the Validity Period, the Gift Voucher will expire at the end of its Validity Period and you will lose your entitlement to a flight and the use of the Gift Voucher to purchase goods. We will not make any refund in these circumstances.
THE FLIGHT
17) It is intended that the balloon will be in the air for approximately one hour but the pilot has absolute responsibility for deciding the duration and conduct of any flight and the appropriate time and place of any landing. We cannot guarantee the duration of a flight or that it will follow any particular direction. If the flight duration is less than 30 minutes due to safety reasons, the Voucher Holder will be offered another flight at no further cost.
LAUNCH SITES
18) Launch sites may have practical or legal limitations on use. Information on these will be provided in the Passenger Information Pack. In circumstances where such limitations exist we reserve the right to change to a launch site most appropriate to the weather and operational conditions prevailing. We also reserve the right to change to another launch site where circumstances beyond our control require such a change. In such circumstances the distance to the alternative site will not normally exceed 20 miles (32 km) from the original site.
19) If due to circumstances beyond our control we have to withdraw or change any advertised launch site an alternative venue will be offered which will not normally exceed a distance of 20 miles (32km) from the original site.
SAFETY
20) Our paramount consideration is your safety and the safety of others participating in the flight and you must obey all requests and instructions issued by any of our representatives and take particular care to abide by any safety instructions given. The Pilot has absolute discretion under the current Air Navigation Order as to whether to allow you to take part in the flight and will refuse to allow you to do so if in their opinion you would be a risk to the safe conduct of the flight, to the balloon, to other passengers or to yourself. In these circumstances you will lose your entitlement to a flight, the use of the Gift Voucher to purchase goods, and to any refund.
21) Ballooning activities intrinsically involve the possibility of physical risks greater than those encountered in daily life, even though they are conducted under the supervision of commercial pilots who exercise all due precautions to ensure safety. By taking part in such ballooning activities passengers are understood to be fully aware of and to accept these risks.
22) Smoking is not permitted within 25 metres of any part of the balloon nor on board.
INSURANCE
23) We carry insurance cover for any legal liability we may be found to have to you for any injury you may sustain, or for damage sustained by your belongings during the course of flight, or during embarkation or disembarkation. However English Law in some circumstances sets maximum limits on our legal liability to you that you might regard as inadequate to compensate for any loss, whether for death or personal injury or damage to your personal belongings.
24) The combined single limit third party and occupant liability and passenger effects insurance cover for each of the company's balloons is in accordance with current European Legislation covering Air Transport.
25) We can provide further details upon request and 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 out your own additional cover. We will not be liable for any loss or damage to equipment and effects brought with you on the flight nor for death or personal injury above the level of our insurance cover unless it has been caused by our recklessness.
MEDICAL CONDITIONS & DISABILITIES
26) We are not qualified to express an opinion concerning your fitness to fly and you must ensure that you are fit to fly. You must not fly if you are suffering from any significant medical condition, or have recently undergone surgery, if you are pregnant or under the influence of alcohol and/or drugs. It is necessary that you disclose any aspect of your medical or physical condition that could be considered to affect your safety or the safety of others. We may ask you to provide a certificate of your fitness to fly from your doctor or specialist.
27) We welcome the participation of disabled people in our experiences, though we recognise that to be able to participate safely in a Hot Air Balloon Flight certain disabilities may present greater difficulties than others. We are committed to ensuring that customers with disabilities are given every opportunity to participate, so we require that you tell us about any disability or medical condition, even if YOU do not consider that it is a disability, at the time of ordering. Such information is needed to allow us to respond to our duty of care for your safety. This enables us to do our best to meet the participant's particular needs if possible. We will be happy to provide information about the disabled facilities available at specific venues on request. We are unable to fly any person who is confined to a wheelchair, as our baskets are not licensed for the carriage of passengers in wheelchairs.
LIMITATIONS
28) We strongly request that you make us aware of any personal difficulties or limitations you may experience in your availability to make your flight booking, at your earliest opportunity, and that this is done by letter, fax or email.
29) We will only fly a child whose age is 7 years or over and recommend that a child's height should exceeds 4' 6" (1.4m). A child of under 16 years old will only be flown if accompanied by a responsible adult appointed by the parent(s) or guardian. If the passenger is 16 or 17 years old and will be unaccompanied, the written consent of a parent/guardian will be required.
30) In the interests of safety and operational requirements we cannot undertake the carriage of passengers whose weight exceeds 18 stones (114 kg).
POSTPONEMENT
31) Hot air balloon flights are completely dependent upon the weather and are regulated by the current Air Navigation Order. It may be necessary to postpone a flight at any time if in our judgement the conditions are not safe or the flight would not be permitted under the Air Navigation Order. We will give you as much warning as operational procedures allow of any postponement but in order to ensure safety we reserve the right to postpone a flight at any time up to the moment of launch.
32) You may postpone or change your flight reservation with the following notice, provided that you do so by telephone during the working day and re-book for a date within 30 days of the cancellation :-
At least two full working days before the meeting time for the flight if your flight is booked for a day between Tuesday to Saturday
At least three full working days before the meeting time for the flight if your flight is booked for a Sunday or Monday;
A message left on an out-of-hours answering machine; that is sent by fax, or by e-mail, is not acceptable as a method of postponement.
33) If you do not give notice of postponement in accordance with Clause 32 above or do not attend in time to take part in your booked flight, you will have lost your entitlement to a balloon flight, to use the Gift Voucher to purchase goods and to any refund. You are responsible for your travel arrangements to and from the meeting point and we do not accept liability for delays in your travel arrangements.
34) If flights are suspended due to operational restrictions (such as avian flu, blue tongue, foot and mouth etc or any other event which makes the provision of the flight either impossible or undesirable) beyond the Company's control, the extension to the period of validity of the Voucher is at our sole discretion. The Voucher Holder will be advised of any extension of the Gift Voucher when they contact us either to book or confirm a flight. We cannot be held liable for any of the client's losses or cost of whatever nature that result from the suspension of any flights in accordance with this clause.
35) We do not accept liability for any costs or expenses you incur if we have to postpone any flight where the reason for the postponement is beyond our control.
EXTENTIONS
36) If we have postponed your flight on 5 or more occasions and your Gift Voucher then remains valid for a period of less than 2 months we will extend the Validity Period of the Gift Voucher to include the next 3 months of the flying season (which is April to October).. If this extends the validity of the Gift Voucher into the flying season of the following year, the Gift Voucher will also be valid for the intervening months. If during the extended period a booked flights is cancelled on 2 more occasions, the Gift Voucher will be extended again for a further 3 months of the flying season or over to the next flying season if applicable.
37) Dates offered by us and refused by the Voucher holder do not constitute "attempts to fly". Nor do dates requested of us but which are not available. In relation to this clause a flight booking is one where we have confirmed a flight to you that you have neither cancelled nor changed and which we have had to cancel for operational reasons.
38) If you have not met the conditions in Clause 37 and you contact us in writing before your Gift Voucher expires we will provide you with the opportunity to fly for a further 12 months from the original Expiry Date of your Gift Voucher at a cost of £50 per person.
39) If you are unable to fly during the Validity Period of your Gift Voucher because you are pregnant we will extend the Validity Period by 12 months provided we have been notified in writing during the first 4 months of the pregnancy.
REFUNDS
40) A Voucher is not redeemable for cash.
41) If we provided specific written agreement at the time of the Gift Voucher purchase that the flight must be taken on a specified date, or within a specified period of time of not more than one month from the purchase date, and we were unable to fly at the time due to events beyond our control, we will refund the cost of the Gift Voucher(s) less a £25 Handling Charge per person, a higher handling fee may be charged for Exclusive Flights.
42) Gift Vouchers, other than Premium Gift Vouchers, are only refundable at our discretion. You will need to have complied fully with the Terms & Conditions of the Gift Voucher and made every effort to arrange a flight.
43) Any request for a refund must be submitted in the form of a signed letter sent by Recorded Signed For ™ delivery or equivalent in order that we can provide HM Revenue and Customs with independent evidence of any refund made. All documents received from us must be returned in a clean and tidy condition. Refunds will not be made to any third party. Refunds are always made to the person who purchased the experience, and if originally purchased by credit card, the refund will be credited to the same card. If the card has expired you will need to provide written details of any new credit card.
44) Refunds will not be made for any Gift Voucher that has passed the initial 12 month Validity Period, nor for any Gift Vouchers that were not validated within 3 months of receipt. Also see Clause 13.
45) In the following exceptional circumstances we will give reasonable consideration to a request for a refund. We will base any refund on the remaining amount of the Validity Period of the Gift Voucher :
a) Where medical reasons prevent you flying you must notify us at least one month before the Expiry Date of the Gift Voucher and supply a Doctor's Certificate that you will remain unfit for the duration of the Validity Period.
b) In the event of the death of the Voucher Holder. We may ask for a copy of the Death Certificate.
46) Gift Voucher Upgrade, Administration and Handling Charges are not refundable.
47) A "Balloon in a Box" is fully personalised and is therefore non-refundable.
48) The purchase price of all other merchandise, such as sweatshirts, is refundable wholly or in part solely at our discretion.
TERMS & CONDITIONS SPECIFIC TO PREMIUM VOUCHERS
49) Premium Gift Vouchers are specifically refundable on request within the original 12 months of validity, subject to complying with the general requirements of these Terms & Conditions and the deduction of a £25 Handling Charge per person. It is also necessary that :-
a) You or the person to whom the Gift Voucher is given returns it in good condition to us within 12 months of its date of issue.
b) Notification of the cancellation of the Premium Gift Voucher must be made to us in compliance with Clause 44.
c) It has not been sold on as specified in Clause 13.
GENERAL
50) You should make yourself aware of the contents and information provided in the Passenger Information Pack and before your appointed flight reservation you must telephone our flight information/weather line in accordance with our instructions to check that the flight has not been affected by adverse weather conditions or in any other way.
51) It is the responsibility of the passenger to re-book a postponed flight in order that we have the opportunity to complete the contract. In the event of a flight being cancelled the current range of alternative dates will be available on enquiry to the booking office or on the company website(s).
52) We cannot supervise vehicles parked at the meeting point for a flight and vehicles and their contents are left at your risk and no liability is accepted for any loss or damage to your vehicle or contents unless it is due to our negligence.
53) You should wear such appropriate clothing as is advised to you in advance of the flight and as further detailed in the brochures and associated literature supplied to you.
54) "Balloon in a Box" orders sent by Royal Mail Special Delivery Service are guaranteed for delivery before 1PM on Monday to Saturday only. The limit of our liability in the case of a failed or damaged delivery shall be no more than the original purchase price of the "Balloon in a Box".
55) If we are unable to provide the service for whatever reason then we may terminate the contract. We cannot be held liable for any of the client's losses or cost of whatever nature that result from the cancellation.
56) The Ballooning Business Ltd reserves the right to change these terms from time to time without reference to customers. Current Terms & Conditions are available on the company's website(s) www.ballooningbusiness.co.uk / www.the-balloon.co.uk.
57) Unless specifically provided for in these Terms & Conditions, no third party shall have any rights under or in connection with these Terms & Conditions.
58) You consent to us processing data provided by you and relating to you in accordance with The Data Protection Act 1998 and for this data to be held on computer files and used for the purposes of administration, accounting and marketing.
59) The provisions of these Terms & Conditions are separate, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that will not affect any other provisions or the remainder of the relevant provision.
60) This agreement shall be construed, interpreted and applied in accordance with the Laws of England and Wales and subject to the jurisdiction of its courts.
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Banbury
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