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Voucher Purchase 1) It is our intention that all the terms of the contract between us are contained in these terms and conditions and in the brochures and associated documents issued by us and in the information shown on our website(s). You will be bound by all these terms and conditions. If you wish to rely on a variation in these terms you should ensure that we agree the variations in writing. 2) The purchase of any voucher for a hot air balloon flight experience must be made by telephone or submitted electronically from our web site. Access to our terms and conditions is available via our website or a written version is available upon request. Supplements may be applicable for flights from special events, such as balloon festivals, and special locations. 3) Vouchers may be purchased by telephone, mail or electronically from our website and normally your order will be confirmed by first class post to you. You should check the details and read the terms and conditions 4) If you do not agree with our terms and conditions you have a right to cancel your purchase within 14 days commencing on the working day after the voucher is purchased. Cancellations must be notified to us in writing within 14 days as specified above and all documents received must be returned. For the purposes of this contract “working day” shall be taken to mean the period from 9 AM to 5 PM from Monday through to Friday inclusive. 5) You will incur a £10.00 administration charge per passenger if cancelled. Other non-personalised merchandise, such as sweatshirts, is fully refundable if returned in a re-usable condition. A “Balloon in a Box” is fully personalised and is therefore non-refundable. 6) If within 7 days of purchase you make a booking for a flight date you are deemed to have accepted these terms and conditions. 7) Unless you cancel within the time stipulated you will be bound by all these terms and conditions. 8) 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 and Conditions will still apply and “you” in these terms and conditions will refer to that person. Our Obligations to you9) The voucher will provide the opportunity for you to participate in a hot air balloon flight experience, for a period of 12 months from the purchase date, subject to complying with clause 24. The experience is participatory and includes the preparation and inflation of the balloon for flight, a flight in a hot air balloon, the recovery of the balloon at the end of the flight, a toast with champagne or soft drinks and a flight certificate. 10) The voucher is not redeemable for cash. 11) Launch sites may have practical or legal limitations on use, Information on these will be provided with the flight information details. 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. 12) 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. 13) 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. In the event of a flight being cancelled due to adverse weather conditions, or for any other reason, the current range of alternative dates will be available on enquiry to the booking office or on the company website(s). 14) If we have to postpone your flight on five (four for Buyagift passengers) or more occasions and your voucher is then valid for a period of less than two months we will extend the validity period of your voucher to include the next three months of the main flying season. This is normally April to October. If this extends the validity of the voucher into the main flying season of the next year the voucher will also be valid for the intervening months. If your voucher includes “Options for Change” then you may exercise that option if you so wish once your flight has been postponed five times by us for normal operational reasons. 15) If flights are suspended due to operational restrictions beyond the Company’s control, validity of reservations will be extended by the period of such restrictions. 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. 16) A voucher is non-refundable save as specified in clauses 4 and 5 and the following exceptional circumstances, provided you meet the conditions of clauses 24 and 25 we will make you a refund less our reasonable administration costs (see clause 18) in the following circumstances: - If we agreed in writing 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. If at least one month before the end of validity you supply a doctor’s certificate showing that you were unfit to fly and will remain unfit for the duration of the validity period. If your voucher includes “Options for Change” then you may exercise that option if you so wish. If you die during the validity period of the voucher. 17) Refunds in any other circumstances are at our discretion and any request for a refund must be made in writing. Refunds will not be made to the user or 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 request a refund in writing, quoting details of a new credit card. Any refund will be provided within 30 days. 18) All refunds will incur an administration fee of 50% of the price paid, except as specified in clauses 4 and 5. This percentage represents a reasonable aggregate of our administration costs per passenger. These inherently involve the provision of the full range of facilities needed to service the requirements of the balloon flight and the provision of these facilities is part of the contract. 19) If you are unable to fly during the validity period of your voucher because you are pregnant we will extend the validity period by twelve months provided we have been notified in writing during the first four months of the pregnancy. 20) 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. 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. 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. 21) 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. 22) 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. 23) “Balloon in a Box” orders are sent by Royal Mail Special Delivery Service and are guaranteed for delivery before 12.30 PM on Monday to Fridays only. Saturday deliveries are possible but are not guaranteed. 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”. Your Obligations to Us24) You must contact us within 3 months of the purchase date shown on the voucher to discuss booking your flight. This booking must be for a date within 9 months of the purchase date. If you do not do so and do not take your flight within the validity period, the voucher will expire at the end of its validity period and you will lose your entitlement to a flight. We will not make any refund in these circumstances. It is the responsibility of the passenger to make contact to re-book a postponed flight in order that the operator has the opportunity to complete the contract. 25) Your gift voucher is valid for a period of 12 months (Buyagift 10 months) from the date upon which it was bought. If your flight is not taken within that time, you will lose your entitlement to a balloon flight unless you have booked flights on five occasions during the main flying season which have had to be postponed for normal operational reasons or the validity period of the gift voucher has been extended for some other reason under these Terms and Conditions. 26) If you have not met the conditions outlined in clauses 24 & 25 and you contact us in writing before your voucher expires we will provide you with the opportunity to fly for a further 12 months from the original expiry date of your voucher at a cost of £50 per person. 27) If payment was not made in full when the voucher was purchased the balance must be paid ten days before the first date for which you book your flight. 28) 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. 29) You may postpone or change your flight reservation with the following notice, provided that you do so by telephone during the working day:- 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 inclusive; 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. 30) If you do not give notice of postponement in accordance with clause 29 above or do not attend in time to take part in your booked flight, you will have lost your entitlement to a balloon flight.
31) 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 these risks. 32) We welcome the participation of disabled people in our experiences, though we recognize 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 licenced for the carriage of passengers in wheelchairs. 33) 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. We may ask you to provide a certificate of your fitness to fly from your doctor or specialist. 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. You must not fly if you are pregnant or under the influence of alcohol and/or drugs. 34) 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 complete discretion under the 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 his/her 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. 35) We will only fly children over the age of 8 years and whose height exceeds 4’ 6” (1.4m). A child under the age of 16 years will only be flown if accompanied by a responsible adult appointed by the parent(s) or guardian. 36) 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. 37) In the interests of safety and operational requirements we cannot undertake the carriage of passengers whose declared weight exceeds 18 stones (114 kg). 38) Smoking is not permitted within 50 metres of any part of the balloon nor on board. 39) 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.
41) Unless specifically provided for in these Terms & Conditions, no third party shall have any rights under or in connection with these Terms and Conditions. 42) 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. 43) We shall not be liable for any consequential or indirect loss or loss of profit suffered by you in relation to the services supplied. Our total liability to you for any default act or omission in connection with this agreement and the provision of the services shall be limited to the price paid. No warranties, representation, guarantees and proposals, oral or written, or other term or condition of whatever nature not contained and recorded in this document shall be of any force or effect or binding on us. Nothing in this clause shall exclude our liability for death or injury. 44) 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.
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