legal stuff

Across these pages you will find your obligations towards us when using our services and our obligations to you when providing you with our services.

The following pages contain our 'small print', except that it is not that small and hopefully it is nice and easy to get to grips with - if not, contact us and we'll be happy to assist.

• Terms of Use of our Website
• Terms and Conditions of Your Flight Voucher
• Our Privacy Policy
• Company and General Contact Details

Please note that these Terms & Conditions do not affect your statutory rights

These Terms and Conditions govern your use of the Virgin Balloon Flights website (Virgin Balloon Flights Site) and your relationship with Virgin Balloon Flights (virginballoonflights.co.uk, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Virgin Balloon Flights Site.

1. Use of the Virgin Balloon Flights Site

The Virgin Balloon Flights site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Virgin Balloon Flights site you agree to be bound by these Terms and Conditions.

2. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the Virgin Balloon Flights site. The changes will apply to the use of the Virgin Balloon Flights site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Virgin Balloon Flights Site. If you continue to use the Virgin Balloon Flights site after the date on which the change comes into effect, your use of the Virgin Balloon Flights site indicates your agreement to be bound by the new Terms and Conditions.

3. Customer Registration

You must ensure that the details provided by you on customer registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update your personal details by sending an email, including your email address and your account name to customerservice@virginballoonflights.co.uk.

4. Password and security

When you register to use the Virgin Balloon Flights site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us by telephone 0871 663 0016 or by email to customerservice@virginballoonflights.co.uk immediately.
If Virgin Balloon Flights has reason to believe that there is likely to be a breach of security or misuse of the Virgin Balloon Flights site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

5. Excluded Services

The services provided by the Virgin Balloon Flights site do not include the provision of computer or other necessary equipment to access the Virgin Balloon Flights site. To use the Virgin Balloon Flights site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

6. Intellectual property

The content of the Virgin Balloon Flights site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Virgin Balloon Flights site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Virgin Balloon Flights site without written permission from Virgin Balloon Flights.
No licence is granted to you in these Terms and Conditions to use any trade mark of Virgin Balloon Flights or any affiliated companies.

7. Limitations

You may not use the Virgin Balloon Flights Site for any of the following purposes:
a.    Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

b.    Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

c.    Gaining unauthorised access to other computer systems.

d.    Interfering with any other person's use or enjoyment of the Virgin Balloon Flights site.

e.    Breaching any laws concerning the use of public telecommunications networks.

f.    Interfering or disrupting networks or web sites connected to the Virgin Balloon Flights site.

g.    Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Virgin Balloon Flights reserves the right to refuse to post material on the Virgin Balloon Flights site or to remove material already posted on the Virgin Balloon Flights site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
a.    Any claim by any third party that the use of the Virgin Balloon Flights site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

b.    Any claim by any third party that the use of the Virgin Balloon Flights site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

c.    Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Virgin Balloon Flights site by you.

8. Availability of the Virgin Balloon Flights Site

Although Virgin Balloon Flights aims to offer you the best service possible; it makes no promise that the services at the Virgin Balloon Flights site will meet your requirements. Virgin Balloon Flights cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to customerservice@virginballoonflights.co.uk and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Virgin Balloon Flights site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Virgin Balloon Flights will attempt to restore the service as soon as it reasonably can.

9. Virgin Balloon Flights' right to suspend or cancel your registration

Virgin Balloon Flights may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Virgin Balloon Flights Site.
The suspension or cancellation of your registration and your right to use the Virgin Balloon Flights Site shall not affect either party's rights or liabilities.
Paragraphs 6, 7 and 10 of these Terms and Conditions shall survive cancellation.

10. Virgin Balloon Flights' liability

The Virgin Balloon Flights site is provided by Virgin Balloon Flights without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Virgin Balloon Flights site provides content from other Internet sites or resources and while Virgin Balloon Flights tries to ensure that material included on the Virgin Balloon Flights site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Virgin Balloon Flights will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Virgin Balloon Flights site. If Virgin Balloon Flights is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
a.    Incompatibility of the Virgin Balloon Flights site with any of your equipment, software or telecommunications links.

b.    Technical problems including errors or interruptions of the Virgin Balloon Flights site.

c.    Unsuitability, unreliability or inaccuracy of the Virgin Balloon Flights site.

d.    Inadequacy of the Virgin Balloon Flights site to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Virgin Balloon Flights site.
Nothing in this paragraph applies to Virgin Balloon Flights' liability in respect of products sold through the online Shop.
Nothing in these Terms and Conditions shall exclude Virgin Balloon Flights' liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order.

11. Third Party Websites

As a convenience to Virgin Balloon Flights' customers, the Virgin Balloon Flights site includes links to other web sites or material which are beyond its control. Virgin Balloon Flights is not responsible for content on the Internet or World Wide Web or any other site outside the Virgin Balloon Flights site.

12. Advertising and Sponsorship

Part of the Virgin Balloon Flights site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Virgin Balloon Flights site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

13. Competitions

VIRGIN BALLOON FLIGHTS COMPETITIONS AND FREE PRIZE DRAWS ("COMPETITIONS")
a.    The promoter of the Competitions is Virgin Balloon Flights (the "Promoter"). The Promoter's principal place of business is at Jesson House, Stafford Court, Telford, Shropshire, TF3 3BD. These terms and conditions govern and apply to all Competitions which are promoted or run across any and all platforms by the Promoter (whether acting on behalf of itself or as agent on behalf of any other group undertakings (as defined by sections 258 and 259 of the Companies Act 1985)) including but not limited to www.virgnballoonflights.co.uk (a "Website").

b.    All entrants must qualify at the date of entry (in that they must be eligible in accordance with these Terms and any other terms and conditions imposed by the Promoter in relation to each individual Competition) and be resident in the UK. The eligibility of any entrant is at the sole discretion of the Promoter. Employees, families or agents of the Promoter and/or any of its group undertakings are not eligible to enter the Competitions. Only one entry per person and per household is permitted.

c.    By entering the Competitions, you hereby warrant that all information submitted by you is true, current and complete.

d.    All entries must include all details requested on the Website for any particular Competition and be submitted in accordance with these Terms and any other terms of entry detailed on the Website, including, without limitation, submission within the requisite time frame.

e.    The decision of the Promoter as to who has been awarded a prize is final and no correspondence will be entered into. The Promoter may at its sole discretion, substitute any prize for a prize of a similar nature and/or comparable value. Winners may not request and are not entitled to a cash alternative to their prize and their prize is non-refundable and non-transferable.

f.    The Promoter accepts no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost, incomplete or delayed whether or not arising during operation or transmission as a result of server failures, virus, bugs or other causes outside its control. All lost, damaged or incomplete entries will be deemed invalid. Proof of entry shall not be proof of delivery or receipt. Only entries received in accordance with these Terms and all other terms and conditions will be acceptable. The Promoter will not be liable if a prize cannot be taken by a winner for any reason beyond the control of the Promoter. Return of prize notification as undeliverable or failure to respond to a prize notification within a reasonable time will result in disqualification and an alternate winner may be selected at the Promoter's discretion. In the event that a winner declines his or her prize the Promoter may elect, at its own discretion, to select an alternate winner.

g.    The winner may be required to participate in publicity surrounding this promotion and consents to his/her name, locations and photographs being published for the purposes of any individual Competition and promoting the Promoter and its business.

h.    The terms and conditions of any third party supplier may apply and must be accepted and complied with by the winner. The winner also acknowledges that the prize will not comprise any further or additional components including, by way of example only, the provision of insurance or spending money for a prize such as a holiday.

i.    Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual's prior consent.

j.    By entering the Competitions, all entrants are deemed to accept these Terms and all other terms and conditions. The Promoter may, at its sole discretion, change the dates of entry into the Competitions and/or the dates on which the Competitions will be promoted and the Promoter reserves the right to alter, amend or withdraw these Terms and all other terms and Conditions and/or the Competitions without prior notice.

k.    By entering the Competitions you hereby assign all copyright which you may own in your entry to the Promoter and you acknowledge that the Promoter will own all the copyright in your entry.

l.    Other than for death or personal injury arising from negligence of the Promoter, so far as is permitted by law, the Promoter hereby excludes all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Competitions or any aspect of a prize.

m.    These terms and conditions are governed by and construed and performed in accordance with the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.

14. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

15. International Use

Virgin Balloon Flights makes no promise that materials on the Virgin Balloon Flights Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Virgin Balloon Flights Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

16. Expiry Date on Payment Card

Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfill your order.

17. Miscellaneous
a.    You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

b.    If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

c.    If you breach these Terms and Conditions and Virgin Balloon Flights ignores this, Virgin Balloon Flights will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

d.    Virgin Balloon Flights shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

e.    A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

f.    Virgin Balloon Flights is owned and operated by AirXcite Limited, a company registered in England and Wales whose registered office is at Jesson House, Stafford Court, Telford, Shropshire, TF3 3BD.

g.    If you have any queries please contact customerservice@virginballoonflights.co.uk

Please read all of our Terms and Conditions at http://www.virginballoonflights.co.uk/legalstuff.asp carefully before you use our website as your use of it and any order you place for vouchers will be subject to them.

You should print out a copy of them and any order that you place for future reference.

1 GENERAL

1.1. In these Terms and Conditions:-

"Contract" means the contract between you and us for the sale and purchase of the vouchers ordered by you using our website;

"Vouchers" mean the hot air balloon flight voucher or vouchers you have ordered in accordance with paragraph 3;

"We", "us" or "our" means AirXcite Limited, trading as Virgin Balloon Flights, a company registered in England and Wales with registration number 3487563 and whose registered office is at Jesson House, Stafford Court, Telford, Shropshire, TF3 3BD;

"Working day" means any day except a Saturday or Sunday or public or Bank Holiday in England;

"You" or "your" means you as the user of our website and/or the buyer of any of the vouchers and, if you give the vouchers to someone else before you receive the flight and inform us in writing that you have done so and of that person's name, address and telephone number, that other person. The Terms and Conditions referred to in paragraph 14 will apply to that other person.

1.2 Each voucher only entitles one person to participate in the flight.

1.3 Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.

1.4 The Contract may be cancelled by you in accordance with paragraph 15.

1.5 You must be at least 18 years of age and have legal capacity to buy any vouchers from us.

1.6 We reserve the right in our absolute discretion to refuse access to or change the content of our website, reject any order or terminate any account you may open with us.

1.7 We may change the Terms and Conditions relating to the sale of our vouchers from time to time, although those applicable when you place your order will apply to the Contract. If we do so, we will post the changes on our website. You will be responsible for reading these Terms and Conditions each time you use this website, and your continued use of it will confirm your agreement to be bound by the terms and conditions which apply when you use the website or place any order with us.

1.8 If you are not an individual, you confirm that you have full power and authority to bind any business on whose behalf you place any order.

1.9 All Password Details and other information you supply on this website must be accurate and complete. We may in our absolute discretion withdraw all Password Details. Your Password Details are exclusive to you, cannot be transferred to anyone else and must be treated as strictly confidential at all times. If you become aware of any misuse of your Password Details or have any concerns regarding them, you must inform us immediately (please see http://www.virginballoonflights.co.uk/ContactUs.asp for more information or call 01952 212750).

1.10 We only deliver vouchers to delivery addresses in mainland United Kingdom. You must be resident in or your principal place of business must be in mainland United Kingdom if you wish to place an order to buy any vouchers and that address must appear in your order. When you state that address in your order it will be a representation by you that you reside in or your principal place of business is in mainland United Kingdom, and we will be relying on that representation if we accept your order.

2 YOUR ACCOUNT

2.1 You must ensure that all information you supply to us in relation to your account with us is complete and accurate and that you inform us of any change in that information.

2.2 You are responsible for protecting and maintaining the confidentiality of your log in name and password to your account and ensuring that there is no unauthorised access to or use of your account. If you think that anyone has unauthorised access to your account, you must inform us immediately. You will be liable for all transactions that occur using your log in name and password.

2.3 Vouchers ordered are subject to availability. If they are not in stock when you place your order, we will inform you of that as soon as reasonably practicable and refund or re-credit you for any amount you have paid or has been debited from your credit or bank debit card for any vouchers.

3 ORDERS

3.1 Any order you place to buy any vouchers featured on our website is your offer to us to buy the vouchers. We may send you an email, to the email address you provide in your order, acknowledging your offer and confirming details of your order. However, that email will not be acceptance of your order. There will be a legally binding contract between you and us for us to sell and you to buy the vouchers referred to in your order on dispatch to you of the vouchers ordered, unless we have notified you that your order is not accepted or you have cancelled it under paragraph 15 or we have cancelled it under paragraph 9.1.

4 PRICE AND PAYMENT

4.1 The price of the vouchers you order will be the price for them displayed on our website when you place your order for them. Prices include VAT, where chargeable, at the applicable current rates. However, errors may occur and incorrect prices for vouchers you have ordered may be shown on our website. We will let you know if we discover any error in the price of those vouchers and give you the option of confirming your order, at the correct price, or cancelling it. If we cannot contact you, the order will be treated as having been cancelled. If it is cancelled and you have paid for the vouchers, a full refund will be made.

4.2 Unless we otherwise agree in writing, all prices for vouchers shown on the website are for delivery of the vouchers to you at your address stated in your order.

4.3 You must pay the purchase price for the vouchers by credit or debit card, or by PayPal. If you pay by debit or credit card, you undertake that all details that you provide to us will be correct, that the credit or debit card used belongs to the person submitting the order and that there are sufficient funds or credit facilities to cover the sums payable. We reserve the right to obtain validation of any credit or debit card details before accepting any order. If you pay by PayPal, you agree to be bound by any terms and conditions imposed by PayPal.

4.4 You will become the owner of any vouchers you order on this website when the vouchers are delivered. However, if you cancel the Contract in accordance with paragraph 15 of these Terms and Conditions, ownership of the vouchers will revert to us on the date of cancellation.

4.5 If you fail to provide us with a correct delivery address or do not accept delivery of the vouchers or, if you elect to receive a merchandise pack in accordance with paragraph 8.1, the merchandise pack, or we are unable to deliver them when we try to do so then, unless that is due to our default, we may without affecting our other rights:

4.5.1 Arrange for storage of the vouchers or merchandise pack (as the case may be) at your expense until they are delivered or collected, including, if applicable, reasonable storage charges and the cost of any redelivery. If the vouchers or merchandise pack (as the case may be) are not collected or delivered and any such charges and costs are not paid by you within 7 working days after the date on which you placed the order we may terminate the Contract by notice to you and refund the price of the vouchers paid by you, less the delivery charges, as soon as possible but in any event within 30 days; or

4.5.2 Attempt to redeliver the vouchers or merchandise pack (as the case may be) to the delivery address on one further occasion. If we are unable to deliver the vouchers or merchandise pack (as the case may be) after this [these] further attempt[s] we may terminate the Contract by notice to you and refund you the price of the vouchers paid by you, less the delivery charges, as soon as possible but in any event within 30 days.

5 DELIVERY

5.1 We will deliver the vouchers to the delivery address stated in your order. Estimated delivery times are given in working days. We will use our reasonable endeavours to deliver the vouchers in accordance with those estimated delivery times but will not be liable for any loss or damage suffered by you, nor will you have any right to terminate the Contract, as a result of any reasonable or unavoidable delay in delivery. If you pay with PayPal, we will deliver your vouchers to the address you select within your PayPal account and will not be liable for any loss or damage suffered by you, nor will you have any right to terminate the Contract, as a result of you selecting an incorrect address.

5.2 If you request that we deliver your voucher or vouchers by express or special delivery, all vouchers must be signed for on delivery by someone who is at least 18 years old.

5.3 You will become responsible for the loss or destruction of or any damage to the vouchers after they have been delivered to the delivery address in your order or to you.

6 VOUCHER ENTITLEMENT AND VALIDITY

6.1 Subject to paragraph 8 and the type of voucher or package you purchase, your voucher or package will entitle you to participate in a hot air balloon flight as detailed in the table below comprising:

6.1.1 A pre-flight briefing from the pilot.

6.1.2 Approximately 1 hour’s flying time, subject to weather conditions and safety and legal compliance.

6.1.3 Champagne after the flight and an opportunity to discuss the flight with your pilot.

6.1.4 Your personalised commemorative certificate.

6.2 You will be entitled to fly only on the days and at the times detailed against the voucher or package type that you purchase as set out in the table below:

6.3 Your vouchers are valid for a period of 12 or 18 months (depending on voucher type - see table above) from the date on which you buy them or from any other commencement date agreed between you and us. If your flight is not taken during that period, you will lose your right to take it, unless the validity period of your voucher is extended under paragraphs 10.2 or 11.3.

6.4 Your voucher or package is not redeemable for cash.

6.5 The face value of your voucher or package may not necessarily reflect the purchase price paid due to certain special offers during the year.

7 WEATHER REFUND OR EXCHANGE OPTIONS

7.1 All vouchers are non-refundable apart from the 7 Day Anytime Plus voucher and the Gift Experience Package vouchers which entitle you, subject to the conditions, to either one of the following two refunds under paragraphs 7.1.1 and 7.1.2 or an exchange to a Virgin Experience Days Gift Card under paragraph 7.1.3.

7.1.1 Monetary Refund – you are entitled to a monetary refund for each 7 day Anytime Plus voucher or Gift Experience Package if you do not fly on seven booked dates because the flights are cancelled by us or our pilot. The following conditions apply to this refund:
- You must notify us in writing that you want a refund instead of flying, within 21 days of the date booked for the last flight attempt.
- We will deduct a £10 handling fee per voucher
- You must return the vouchers (and, if applicable, merchandise), at your cost and risk in the state and condition in which they were when delivered, to our address at Jesson House, Stafford Court, Telford, Shropshire, TF3 3BD, before a refund or exchange will be issued. If you are unable to return the merchandise in full and in the state and condition in which they were when delivered, we will deduct an amount equal to a third of the recommended retail price of the merchandise (as displayed from time to time on our website www.virginballoonflights.co.uk).
- We are only able to make a refund to the buyer of the vouchers unless you decide to exchange your vouchers for a Virgin Experience Days Gift Card as per 7.1.3.

7.1.2 Two Thirds Monetary Refund - You are entitled to a monetary refund equal to two thirds (66.7%) of the amount paid for each 7 Day Anytime Plus voucher or Gift Experience Package if you do not fly on three booked dates because the flights are cancelled by us or our pilot. If you decide to take this early opt-out, the following conditions apply:
- You must notify us in writing that you want an early opt-out instead of flying, within 21 days of the date booked for the last flight attempt.
- You must return the vouchers (and, if applicable, merchandise), at your cost and risk in the state and condition in which they were when delivered, to our address at Jesson House, Stafford Court, Telford, Shropshire, TF3 3BD, before a refund or exchange will be issued. If you are unable to return the merchandise in full and in the state and condition in which they were when delivered, we will deduct an amount equal to a third of the recommended retail price of the merchandise (as displayed from time to time on our website www.virginballoonflights.co.uk).
- We are only able to make a refund to the buyer of the vouchers unless you decide to exchange your vouchers for a Virgin Experience Days Gift Card as per 7.1.3.

7.1.3 Exchange for Virgin Experience Days Gift Card - If you are entitled to a full refund or an early opt-out (under 7.1.1 & 7.1.2) you may request us to exchange your vouchers for a Virgin Experience Days Gift Card equal to the amount of the refund instead of requesting a monetary refund. Since this is essentially a straight swap between experiences, you will not be required to return any merchandise, no handling fee will be charged and the Gift Card can be sent to the current voucher holder. The Gift Card exchanges are subject to availability and you must agree to (i) us passing your details to Virgin Experience Days and (ii) be bound by any terms and conditions imposed by Virgin Experience Days. When you receive the Gift Card the contract you have with us is immediately terminated. This exchange is subject to paragraph 7.3.

7.2 If you have purchased a voucher or package pursuant to a “2-for-the-price-of-1” or “buy one get one free” offer, the full price voucher or voucher will be treated as having been redeemed first. We will not refund the value of the “free” voucher or package.

7.3 Even though you are bound by the terms and conditions in this Contract, we are not able to provide a refund or exchange if you have purchased your vouchers or package from someone other than us. This does not apply if you purchased your vouchers or package through Tesco Clubcard Deals in which case you will be entitled to request a refund as per 7.1.

8 GENERAL VOUCHER EXCHANGE

8.1 With all voucher types, as long as your voucher is within 3 months of the purchase date, you may, if you wish, instead of participating in a flight and provided that you have not booked or attempted to book a flight, choose to exchange them for a Virgin Experience Days Gift Card (subject to availability) or our merchandise pack, which comprises Virgin Balloon Flights branded products as advertised (subject to availability). If you do decide to receive a Virgin Experience Days Gift Card, it will be issued for the same value as was paid for your balloon voucher. The Gift Card exchanges are subject to availability and you must agree to (i) us passing your details to Virgin Experience Days and (ii) be bound by any terms and conditions imposed by Virgin Experience Days. When you receive the Gift Card the contract you have with us is immediately terminated. We will pay for the postage and packing in sending the Gift Card or merchandise pack to you at an address within the United Kingdom. This exchange is subject to paragraph 3.3.

8.2 If you do wish to receive a Virgin Experience Days Gift Card or the merchandise pack under paragraph 8.1, you must notify us of that by telephone or in writing or by email or fax in which case you will cease to be entitled to participate in a flight.

8.3 You must notify us in writing or by email or fax of any claim regarding the non-delivery or quantity or condition of vouchers or any item comprised in the merchandise pack delivered or any damage to them within 5 days of delivery.

9 BOOKING

9.1 When you contact us please quote the voucher number and security code on your vouchers. As flight times vary, we will send you a flight confirmation letter confirming the time you must call the flight line to confirm the time of your flight.

9.2 The flight will start at one of the launch sites shown in the literature accompanying your vouchers or on our website but we reserve the right to change, without notice, your booked site, time and date under paragraph 11.1. Flights can be taken between 1 March and 31 October each year, subject to weather conditions and any other period(s) decided by us. The pilot of the flight will decide the duration and direction of the flight and landing place, subject to safety and legal requirements.

9.3 We will accept only one flight booking per voucher unless your flight is cancelled in accordance with paragraph 11 or postponed in accordance with paragraph 10.

9.4 We will try to arrange for you to start your flight at your selected launch site on the date you choose. You may only fly at the times detailed for your voucher or package type at paragraph 6 unless you pay such additional sum as we require to upgrade to a different voucher or package type. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our reasonable control.

9.5 You must bring your vouchers with you when you come for your flight and give them to the pilot. Failure to do so will result in no flight being provided, and you will not be entitled to a refund or to re-book.

10 POSTPONEMENT BY YOU

10.1 You can postpone taking your flight after you have booked by cancelling your booking up to 7 days before the flight date on our website or up to 3 working days before the flight date provided you contact us in writing or by email or fax before the booked date and re-book for an available date which is no later than 2 months after the date on which you request the postponement and is within the validity period of your vouchers. In the event that you contact us to cancel your flight for medical reasons and you do not give us at least three working days’ notice as stipulated above we may require you to supply us with such medical evidence of your inability to fly as we may request

10.2 If you are unable to take part in your flight during the validity period of the vouchers because you are pregnant, we will extend the validity period by 9 months from the baby's due date provided that before the expiry of the validity period of your vouchers you contact us in writing or by email or fax and in addition supply us with a copy of a valid MATB1 (obtainable from 26 weeks of pregnancy) relating to your pregnancy.

10.3 If you do not participate in your flight on the booked date then, unless you have postponed it in accordance with paragraph 10.1 or paragraph 10.2 and the provisions in those paragraphs concerning postponement apply, you will not be entitled to re-book or to any refund. This will not apply if you do not participate because of any cancellation or postponement under paragraph 11.1.

11 CANCELLATION OR POSTPONEMENT BY US OR THE PILOT

11.1 We or your pilot may at our or their discretion cancel your flight for any booked date or alter its time without notice because of matters beyond our or their reasonable control, for example adverse weather conditions, or for safety or legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.

11.2 To check that your flight has not been delayed or cancelled, you must telephone the flight line information number given on your booking confirmation at the time the booking confirmation letter specifies. You may be advised of different times by telephone, fax or email.

11.3 Provided you have booked a flight on at least one occasion during the initial validity period of your voucher (12 or 18 months depending on voucher type) and the flight has been postponed or cancelled by us or the pilot (11.1), we will automatically extend your validity period to be a minimum of 6 months from your last cancellation under paragraph 11.1. If your flight on any booked date is cancelled you must book a new date and time within your vouchers’ validity period. The date of the flight itself can be outside of your vouchers’ validity period as long as it is a scheduled flight on our system at the time you re-book within your vouchers’ validity period.

12 THE FLIGHT AND HEALTH AND SAFETY

12.1 You must satisfy yourself that you are fit to participate in your flight and that you are not suffering from any illness or other medical condition or disability which might prevent you from participating or might be affected by your participation. You must take appropriate medical advice for this purpose.

12.2 You must not be under the influence of alcohol or illegal drugs whilst participating in your flight. If in our or the pilot's reasonable opinion you are under the influence, you will not be allowed to take part in or, as the case may be, continue your flight. No refund will be payable in these circumstances nor will you be able to re-book your flight.

12.3 When you take part in your flight you must be at least 16 years old or, if you are less than 16 years old, you will only be allowed to participate:

12.3.1 At your pilot's discretion; and

12.3.2 If you are accompanied by a responsible adult:

You must also be at least 4' 6" tall to be able to see over the balloon basket and take a safe landing position. If your pilot does not allow you to take part in these circumstances, we will refund the purchase price of your vouchers within 30 days of the date of refusal but will have no further liability to you arising from your not having your flight.

12.4 Hot air balloon flights are potentially hazardous. You must comply with all requests from and instructions given by the pilot when participating in your flight especially any given in relation to the health and safety of yourself and others. You must also wear appropriate clothing as outlined in your booking confirmation letter. Your pilot may not allow you to participate in your flight or may stop you from participating if you do not comply with his instructions or requests or fail to wear appropriate clothing or if he reasonably considers that your participation may harm you or anyone else. Your pilot may also discontinue the flight at any time if in the pilot's opinion to continue would or might be dangerous or contrary to any health or safety legislation or rules. You will have no right to any refund or to re-book in any of these circumstances.

12.5 If the flight has to be cut short because your pilot refuses to allow you to continue with your flight under paragraph 12.4, you must immediately vacate the balloon on landing. We will have no liability to you in relation to that refusal, and you will be liable for any loss, damage, cost, expense or liability we incur arising from the curtailment of the flight. That will include any liability we incur to any other passengers on the flight arising from the curtailment, including the cost and loss of providing them with another hot air balloon flight free of charge.

13 LIABILITY

13.1 We will not be in breach of the Contract between you and us in relation to your flight or otherwise be liable to you for any delay in performing or any failure to perform any of our obligations under the Contract if it is caused by any circumstances or event beyond our or any pilot's reasonable control, including by way of example any strike or industrial dispute, inclement weather or failure of any equipment.

13.2 To the fullest extent permitted by law, we will not be liable in any way (including for breach of contract) for any financial loss, liability, damage, costs or expenses arising directly in the natural and ordinary course or indirectly from or in connection with the Contract or the voucher or merchandise sold to you, unless it is caused by our negligence.

13.3 In particular, but without limitation, we will not be liable for any loss of or damage to your motor vehicle or any of your other property when it or you are at any launch site or are receiving your flight, unless it is caused by our negligence.

14 TERMS AND CONDITIONS OF CONTRACT

14.1 These Terms and Conditions and those set out in the wallet accompanying the vouchers and any brochures relating to hot air balloon flights issued by us which are current at the time you buy your vouchers contain all of the terms and conditions of the Contract between you and us in relation to the vouchers and your flight or the merchandise pack (as the case may be). You must satisfy yourself therefore that all statements or terms and conditions relating to the Contract on which you are relying are contained in those terms and conditions. No variations to any of these terms and conditions or any of those other documents will be valid unless agreed to in writing by us and you.

14.2 If you have not received a copy of the terms and conditions in the voucher wallet and brochures referred to in paragraph 14.1 before you purchased your vouchers then, unless you notify us in writing within 14 days of the purchase date of the vouchers that any of those terms and conditions is not accepted by you, you will be deemed to have accepted all of them. If you do notify us that any one or more of those terms and conditions are not accepted and you and we cannot agree how they are to be modified, you or we may elect to terminate the Contract with immediate effect by giving the other party notice in writing or by email or fax. In that case, the vouchers will no longer be valid, and, if you return them to us within 30 days of the termination date, we will reimburse the purchase price of the vouchers within 30 days of our receiving them.

15 YOUR RIGHT OF CANCELLATION

15.1 You have the right to cancel the Contract in respect of all [or some] of the vouchers you have agreed to buy under the Contract at any time up to the end of the fourteenth day after you receive the vouchers.

15.2 To exercise your right of cancellation, you must give us, within the period stated in paragraph 15.1, written notice of cancellation by delivering it at or sending it by post, fax or email to the relevant address or email address shown in http://www.virginballoonflights.co.uk/ContactUs.asp giving details of the vouchers (or the vouchers in respect of which the Contract is cancelled).

15.3 If you cancel the Contract in accordance with this paragraph after the vouchers or merchandise packs (as the case may be) have been delivered to you, you will be responsible for returning the vouchers or merchandise pack (as the case may be), or as the case may be, those in respect of which the Contract has been cancelled, to us at your cost and risk in the state and condition in which they were when delivered. The vouchers or merchandise pack (as the case may be) must be returned to our address given in http://www.virginballoonflights.co.uk/ContactUs.asp within 7 days of the date of the notice of cancellation. You must take reasonable care of the vouchers or items in the merchandise pack (as the case may be) until they are returned or sent to us and you must not unpack them or use them.

15.4 If you cancel the Contract in whole or part in accordance with this paragraph, we will re-credit to your credit or bank debit card or refund you as soon as possible, and in any event within 30 days of receipt of the notice of cancellation, any sum debited by us to your card or paid by you for the vouchers in respect of which the Contract is cancelled less any costs recoverable under paragraph 15.5.

15.5 If you do not return the vouchers as required, we may recover them and charge you for the direct costs of recovery.

16 CANCELLATION BY US

16.1 Notwithstanding paragraph 3.1 [and in addition our rights under paragraph 4.5], we reserve the right to cancel the Contract between us if:

16.1.1 We have insufficient vouchers or merchandise packs (as the case may be) to meet your order;

16.1.2 One or more of the vouchers you ordered was listed at an incorrect price due to a typographical error or an error in pricing information received by us from our suppliers;

16.2 If we do cancel your Contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for example for disappointment suffered.

17 GOVERNING LAW AND JURISDICTION

The laws of England will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the non-exclusive jurisdiction of the Courts of England.

18 INTELLECTUAL PROPERTY

18.1 All copyright, trademarks and other intellectual property rights in or relating to the design of this website and its contents and all materials made available as part of your use of this website will continue to belong to us or, as appropriate, the third parties who licence us to use them. You are only allowed to use this website and its contents and those materials as expressly authorised by us or those third parties.

18.2 The contents of and the materials available through this website may only be used by you for your personal use in connection with your use of this site, and you may not copy, reproduce or commercially exploit any such materials or contents, although you may download such materials or contents strictly for the purpose of your use of this website.

18.3 You must not use our website for any unlawful purpose or activity.

19 MISCELLANEOUS

19.1 These Terms and Conditions, together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the vouchers to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any vouchers offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19.2 The provisions of the Contract 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 the other provisions or the remainder of the relevant provision.

19.3 You may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without our prior written consent. We will be free to transfer all of our rights and/or obligations in relation to the Contract provided that does not adversely affect you.

19.4 If you or we do not strictly enforce our respective rights, that will not in any way affect any of your or, as the case may be, our rights in respect of the Contract.

19.5 Anyone who is not a party to the Contract has no right to enforce any provision of the Contract under the Contracts (Rights of Third Parties) Act 1999.

19.6 Any notice or claim under the Contract must be in writing and will be effectively served on you if it is personally delivered at or sent by pre-paid first class post, email or fax to the address, email address or fax number you give us and on us if it is delivered or sent to the address, email address or fax set out in http://www.virginballoonflights.co.uk/ContactUs.asp. In addition, a notice of cancellation may be given in accordance with paragraph 15.

1. Keeping it schtum

At Virgin Balloon Flights we are very good at keeping the important things under our hat, and the most important thing to us is you!
Virgin Balloon Flights is the trading name for AirXcite Limited. We are proud to carry the Virgin brand and we promise to look after your data as if it were our own. To ensure that any data we hold about you is kept private, we strictly adhere to the Data Protection Act 1998 (DPA). The Act gives you rights to know what information is held about you by any organisation that collects your data and ensures that this information is handled properly. As well as adhering to the DPA you can also find us on the Public Register of Data Controllers, managed by the Information Commissioner’s Office.
Our Privacy Policy advises what and how we collect and look after the information provided to us by you when you use our services and when we in turn provide you with our products and services.
Please read the Policy so that you are aware of your rights and be aware that the terms may be updated over time.

2. What information we collect and why

In order for us to provide you with our products and services we typically collect the following from you:
a.    Name, address, email, telephone number, weight, date of birth, payment details and product/service details.

b.    Information about how you use our website which helps us develop and improve our website, including details of your domain name, geographical location and Internet Protocol (IP) address, operating system, browser version, cookie details, how long you stayed on a page, the route you took to navigate through the pages, the website that you visited prior to accessing our site, what product you purchased, any search terms you used to find us online and any offers that you used.

c.    Other data, from time to time, to help us be better at what we do e.g., we might ask you for feedback on our service.

3. How we use your data

Primarily, we use your data to process your request to us to provide you with our products and services.
Please note that we have the ability to retain any data that you provide on this website using VeCapture by Ve Interactive, even if you do not complete your registration/transaction by clicking submit/next. Such contact details and data may be used to contact you to enquire why you did not complete your registration/transaction and improve our online operations.

Occasionally we'll carry out research on our database of people who have registered with us. We'll use this for internal purposes only. The main reason is to help us make sure that Virgin Balloon Flights provides you with everything that you are looking for.

Collecting this information helps us better understand what you need from us. We use it to create products and services that we think will make you very happy and to attempt to improve your online experience with us.

The key uses of your data are:
a.    To help provide your services, i.e., customer service and administrative reasons.

b.    To provide access to privileged areas of the website.

c.    To enable us to review, develop and improve the products, services and special offers online, i.e., for customer research purposes.

d.    To occasionally carry out market research.

e.    To send you details of products, services and special offers that we think will be of interest to you, i.e., for marketing reasons. However, spam is bad and junk is rubbish so you're free to decide what or not you receive from us.
By using the Virgin Balloon Flights website or websites you agree to our Terms of Use of our Website. When you purchase our products and services, you agree to Virgin Balloon Flights' Terms & Conditions.

Marketing

We will automatically contact you with regard to your services, for example, to confirm purchases and flight bookings or to inform you of issues regarding your purchase or flight.
With your consent we may contact you with information about our special offers or new products. Again, subject to your prior consent, companies in the Virgin Group and others which carry Virgin brands like us, may also contact you with information about their products and services including special offers from them. We may disclose your personal information to these companies, sub-contractors and agents solely for these purposes. Your personal information will not be disclosed to Virgin Group companies or other third parties for marketing purposes without your prior consent.
If you advise us that you do not wish to receive any promotional material from us, you may miss out on offers that may interest you.

4. Your secret's safe with us!

Your personal information will not be transferred to Virgin Group companies and others with Virgin brands, without your consent, except:
a.    when required by law

b.    if you've requested specific information
With your consent we may share your personal data with companies within the Virgin Group and others which carry Virgin brands so that they may contact you with any information they believe may be of interest to you. We might also send you details of goods, services, promotions and offers provided by other Virgin Group companies which we think may interest you.
We may use your personal data in order to analyse our customer database. Statistical information may be shared with third parties and companies within the Virgin Group and others which carry Virgin brands - but we'll keep it strictly anonymous, i.e., under no circumstances could any statistical data be traceable back to you personally.
We will never rent or sell our customer list to any other organisation or individual. Customer lists may be used to process customer information and research customers’ needs and preferences.
Where our website links to other websites please bear in mind that these sites may have different privacy and security policies which are outside of our control. We take no responsibility for information given to sites other than those controlled by Virgin Balloon Flights.
A list of third party companies within the Virgin Group and others which carry Virgin brands that personal data may be shared with can be made available on request.

5. Cookies

Cookies send information from your browser to our web server about how you use our website. They are anonymous bits of code, sometimes read by a pixel tag, that allow us to provide a faster, more efficient and more relevant service to our customers.
You can disable and delete cookies from your browser but this means that some parts of our site may not function properly. Cookies may also save you money if you have come to our website from a partner site that offers a discount.
For further information about managing and disabling cookies, you can refer to your browser's help section. The Interactive Advertising Bureau has produced a series of web pages (see www.allaboutcookies.org) which explain to users how cookies work and can be managed.

6 Disclosures

When we do need to disclose information about you it will only be under the following circumstances:
a.    When employees and agents of Virgin Balloon Flights need to process the supply of our products and services to you

b.    With your agreement, to companies within the Virgin Group and others which carry Virgin brands whose products and services may be of interest to you

c.    Sometimes we use aggregate information and statistics for the purposes of understanding how our customers use our website. These statistics help us to develop our website and services. By providing such information to third parties e.g., content partners and advertisers, we are able to improve our offering to customers. These statistics do not contain information traceable to an individual and will simply be something along the lines of: ‘5,000 more visitors clicked on Advert A rather than Advert B’.

7. Outside the EU

Countries not within the European Union may not have the same standard of protection for personal information as that provided for by the Data Protection Act 1998. If it is necessary to transfer your data to a company based outside the EU then Virgin Balloon Flights will make every effort to ensure that your personal data is processed in accordance with the DPA, as implemented by the EU Directive on the Protection of Personal Data (95/46/EC), and any other Act/s that may replace or modifying such Act for the time it is in force, through the implementation of an agreement ensuring adequate protection of your personal data.

8. Safe and sound

To ensure that any personal information we hold about you is kept safe and sound our web servers are installed with encryption mechanisms to ensure security of any personal data entered onto the site and to protect it against loss, misuse or alteration.
We are confident in the security that we have in place to protect your personal data however as with any other website and any other transaction involving the passing of data, there is always an element of risk.
It is always our top priority to ensure that we avoid any such risks and that we mitigate any potential for interception.

Any information sent to us is encrypted using Secure Socket Layer (SSL) technology. This is industry standard encryption technology that protects your data throughout its transmission over the Internet from interception and misuse by third parties. When it reaches us, we store it on a secure server so that it may only be read by authorised personnel. Although we do everything we can to create a secure environment for your personal data, we cannot guarantee the safety of any personal information you transmit to us online.
Please be aware that our site may provide access to other web sites via links. We are not responsible for the data policies (including data protection and cookies), content or security of these linked web sites.

9. Your rights

All companies within the Virgin Group and others which carry Virgin brands follow the DPA and are registered on the Public Register of Data Controllers maintained by the Information Commissioner. This means that you have complete control over the information stored about you and what types of information, if any, you'd like to receive.
By providing us with your personal data you are expressing your consent to us to use your data for the purposes outlined in this Policy.

At any time you are within your rights to request access to the personal information we hold about you.

You are entitled to be told by us (subject to the payment of a small admin fee, currently £10) whether we or someone else on our behalf is processing your personal information; what personal information we hold; details of the purposes for the processing and details of any third party to whom your personal information has been disclosed. You may be asked to provide proof of identity before we show you your personal information – again to mitigate any risk of your information escaping our confines and falling into the wrong hands. If you do not wish your data to be used for any of the purposes outlined in this Policy, please indicate this when you are prompted when interacting with our site or use the contact details listed under point 14 of this Policy.

10. Children’s Privacy

Virgin Balloon Flights does not knowingly solicit or collect personal data from or about children (aged 14 and under) without the consent of a parent or guardian. We do not knowingly market our products or services to children. If we become aware that the person submitting personal data, through any part of any Virgin Balloon Flights website, is a child, we will use reasonable efforts to delete that personal data from our files as soon as possible. We will also use reasonable efforts to ensure that this personal data is not used for any purpose, nor disclosed to any third party without the prior consent of the child’s parent or guardian. We do not seek to collect any personal data about children, and we will delete any data collected inadvertently as soon as it is discovered. If a parent requests review or deletion of data about their child before we have discovered and deleted the data, then we will of course honour that request.

11. Keeping your information

We do not collect or keep your personal data unless it is strictly necessary for the above purposes. In addition, we do not keep it for any longer than we have to.

12. Keeping you in the loop

Naturally we want to keep you in our loop but of course you always have the right to let us know at any time if you object to your personal data being used for marketing purposes by us, companies within the Virgin Group and others which carry Virgin brands or on rare occasions a third party (remember your consent will always be sought in this case).

13. In the future...

Any future updates to this Policy will be published online at http://www.virginballoonflights.co.uk/legalstuff.asp.

14. How to contact us

If you have any questions or concerns about our use of your personal information, or if you need to update any of the details that you know we hold about you, please do not hesitate to contact us at our Head Office:

Marketing Department
Virgin Balloon Flights
Jesson House
Stafford Court
TELFORD
Shropshire
TF3 3BD

Email:          marketing@virginballoonflights.co.uk
Telephone:     01952 212 750
Fax:         01952 292 020
Website:    www.virginballoonflights.co.uk

Site Operator
AirXcite Limited trading as Virgin Balloon Flights

Company Registration Number
03487563

VAT Registration Number
710309285

Registered office and postal address
Virgin Balloon Flights
Jesson House
Stafford Court
Telford
Shropshire
TF3 3BD

Telephone
01952 212 750
Fax
01952 292 020
Email

Sales Enquiries
sales@virginballoonflights.co.uk

Customer Services
customerservice@virginballoonflights.co.uk