Book Balloon Flights Online UK, Balloon Flight Operators UK

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS AND OUR TERMS OF USE AT http://www.virginballoonflights.co.uk/Terms.asp CAREFULLY BEFORE YOU USE OUR WEBSITE AS YOUR USE OF IT AND ANY ORDER YOU PLACE FOR TICKETS WILL BE SUBJECT TO THEM.

YOU SHOULD PRINT OUT A COPY OF THEM AND ANY ORDER 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 tickets ordered by you using our website

"tickets" means the hot air balloon flight ticket(s) 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 1/1 Wembley Commercial Centre, East Lane, Wembley, Middlesex, HA9 7UR

"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 tickets and, if you give the tickets 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 ticket 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 tickets 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 tickets 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. We will require you to register with us, and subsequent access to our services will be subject to an approved log in name and password. 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 by contacting us on 01952 212750 for more information.

1.10. We only deliver tickets 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 tickets 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 Tickets 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 tickets

3. ORDERS

3.1 Any order you place to buy any tickets featured on our website is your offer to us to buy the tickets. 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 tickets referred to in your order on despatch to you of the tickets 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 tickets 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 tickets you have ordered may be shown on our website. We will let you know if we discover any error in the price of those tickets 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 tickets, a full refund will be made

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

4.3 You must pay the purchase price for the tickets by credit or debit 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

4.4 You will become the owner of any tickets you order on this website when the tickets are delivered. However, if you cancel the Contract in accordance with paragraph 15 of these Terms and Conditions, ownership of the tickets 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 tickets 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 tickets 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 tickets 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 tickets 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 tickets or merchandise pack (as the case may be) to the delivery address on 1 further occasion. If we are unable to deliver the tickets 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 tickets 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 tickets to the delivery address stated in your order. Estimated delivery times are 3 working days. We will use our reasonable endeavours to deliver the tickets 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

5.2 If you request that we deliver your tickets by special delivery all tickets 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 tickets after they have been delivered to the delivery address in your order or to you

6. TICKET ENTITLEMENT AND VALIDITY

6.1 Subject to paragraph 8 and the type of ticket or package you purchase, your ticket 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 ticket or package type that you purchase as set out in the table below:

Ticket or Package	Details
Weekday Morning	Fly AM Monday to Friday only
Weekday Anytime	Fly AM or PM Monday to Friday only
7 Day Anytime	Fly AM or PM Monday to Sunday
7 Day Anytime Plus	Fly AM or PM, Monday to Sunday + weather insurance*
Gift Experience Packages (i.e. Adventure Package)	Fly AM or PM Monday to Sunday + weather insurance + selection of exclusive merchandise*
	* You are entitled to a full refund in accordance with paragraph 3 if you have made 5 attempts or more to fly as specified

6.3 Your tickets are valid for a period of 12 months 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 you have booked flights on at least five occasions during the period and they have been postponed or cancelled by us or our pilot or the validity period of your ticket is extended for some other reason under paragraphs 9.5, 10.2 or 11.3.

6.4 Your ticket or package is not redeemable for cash

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

7. TICKET REFUND (7 Day Anytime Plus tickets and Gift Experience Packages only)

7.1 If you have purchased a 7 Day Anytime Plus ticket or a Gift Experience Package we will refund you the price you paid us for the ticket or package (note paragraph 6.5) if you do not fly on five booked dates because the flights are cancelled under clause 11.1 and if you notify us in writing within 21 days of the date of the last attempt that you want a refund instead of flying. The refund will be made within 14 days after we receive your notification

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

7.3 Where a right to a refund has arisen we will only refund the original purchaser of the ticket or package. If the purchase price was paid by credit or debit card, the cardholder’s consent will be required

7.4 We are not able to provide a refund if you have purchased your ticket or package from someone other than us

8. MERCHANDISE PACK

8.1 You may, if you wish, instead of participating in a flight under paragraph 6.1 and provided that you have not booked or attempted to book a flight, choose to receive our merchandise pack, which comprises Virgin Balloon Flights branded products as advertised, subject to availability. If you do decide to receive that merchandise pack, we will pay for the postage and packing in sending it to you at an address within the United Kingdom

8.2 If you do wish to receive the merchandise pack under paragraph 8.1, you must notify us of that by telephone or in writing or by email or fax within the 3 month period referred to in paragraph 9.1, in which case you will cease to be entitled to participate in a flight under paragraph 6.1 and your merchandise pack will be posted by us to you at the address within the United Kingdom that you give us at that time. We will use our reasonable endeavours to post it to you within 28 days after the date on which we receive your notification that you wish to receive a merchandise pack

8.3 You must notify us in writing or by email or fax:

8.3.1 of any claim regarding the non-delivery or quantity or condition of tickets or any item comprised in the merchandise pack delivered or any damage to them within 5 days of delivery; and

8.3.2 of any claim regarding any defect which should be apparent on reasonable inspection within 15 days of delivery. Notification will not be valid if it is given on a delivery document and will only be effective if given within those time periods

If no such notice is given, so far as concerns those matters you will be deemed to have accepted those tickets or the items in the merchandise pack and that they comply with the Contract

8.4 If you notify us of a claim in accordance with paragraph 8.3, our only obligation will be, at your option:

8.4.1 to replace or repair any merchandise that is damaged or defective; or

8.4.2 to make good any shortage in delivery or non-delivery of any tickets or merchandise packs or items comprising the merchandise packs; or

8.4.3 to refund to you the amount you have paid for the tickets in question in whatever way we choose

8.5 We will not be obliged to comply with paragraph 8.4 in respect of any items of merchandise that are damaged at any time after delivery. All damaged or defective items of merchandise must be returned to us either when you make your claim or within 10 working days of the date on which you make your claim in the state and condition in which it was when delivered to you or your delivery address

9. BOOKING

9.1 You must telephone us within 3 months of the purchase date of your tickets (or of any other commencement date for your tickets agreed between you and us) to book the date on which you are to take your flight. That date must be within 6 months of the purchase date of your tickets or any other agreed commencement date for your tickets

9.2 When you contact us please quote the ticket number and security code on your tickets. 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

9.3 The flight will start at one of the launch sites shown in the wallet accompanying your tickets 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

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

9.5 If you do not comply with paragraph 9.1, you may not be able to take your flight within the validity period of your tickets, although we will use our reasonable endeavours to arrange for you to do so during the validity period. The validity period will not be extended, nor will any refund be made, in these circumstances

9.6 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 ticket or package type at paragraph 6 unless you pay such additional sum as we require to upgrade to a different ticket or package type. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our reasonable control.

9.7 You must bring your tickets 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 it provided you contact us to do so by giving us at least three working days notice 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 tickets. 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 tickets 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 tickets 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 his discretion cancel your flight for any booked date or alter its time without notice because of matters beyond our or his 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 If your flight on any booked date is cancelled under paragraph 11.1 you must re-book for a date and time within your tickets’ validity period. If it is not possible to take your flight during that period, we will extend it for such further period as we in our reasonable discretion decide.

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 tickets 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 ticket 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 tickets and any brochures relating to hot air balloon flights issued by us which are current at the time you buy your tickets contain all of the terms and conditions of the Contract between you and us in relation to the tickets 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 ticket wallet and brochures referred to in paragraph 14.1 before you purchased your tickets then, unless you notify us in writing within 14 days of the purchase date of the tickets 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 tickets 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 tickets 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 of the tickets you have agreed to buy under the Contract at any time up to the end of the eighth working day after you receive the tickets

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 the Contact Us section of this site giving details of the tickets or the tickets in respect of which the Contract is cancelled.

15.3 If you cancel the Contract in accordance with this paragraph after the tickets or merchandise packs (as the case may be) have been delivered to you, you will be responsible for returning the tickets 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 tickets or merchandise pack (as the case may be) must be returned to our address given in the Contact Us section of this site within 7 days of the date of the notice of cancellation. You must take reasonable care of the tickets 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 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 tickets [in respect of which the Contract is cancelled] less any costs recoverable under paragraph 15.5

15.5 If you do not return the tickets 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 tickets or merchandise packs (as the case may be) to meet your order

16.1.2 one or more of the tickets 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 tickets 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 tickets 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 the Contact Us section of this site. In addition, a notice of cancellation may be given in accordance with paragraph 15