It takes two to tango…
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 and Conditions of Your Flight Voucher
- Company and General Contact Details
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.
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 email@example.com.
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 01952 212750 or by email to firstname.lastname@example.org 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.
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
email@example.com 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.
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.virginballoonflights.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.
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 firstname.lastname@example.org
Terms & Conditions of Your Flight Voucher
Please read all our Terms and Conditions carefully before you use our website, as your use of it and any order you place for vouchers will be subject to these Terms and Conditions.
For future reference, you should print a copy of our Terms and Conditions at the time you place your order.
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. If you give the vouchers to someone else before you receive the flight you must inform us that you have done so and of that person’s name, address and telephone number. The Terms and Conditions referred to in paragraph 14 will also apply to that other person.
1.2 Each voucher only entitles one person to participate in a 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 the Contact Us section of our website for more information or call 01952 212750).
1.10 We only deliver vouchers to 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 to be correct 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 and other products 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 have been debited from your credit or bank debit card for any vouchers and other products.
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 16.
4 PRICE AND PAYMENT
4.1 The price of the vouchers and other products you order will be the price displayed on our website when you place your order. Prices include VAT, where chargeable, at the applicable current rates. However, errors may occur and incorrect prices for vouchers and other products you have ordered may be shown on our website. We will let you know if we discover any error in the price 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 and other products, 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 for your purchase 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 and other products you order on this website when the vouchers and other products are delivered. However, if you cancel the Contract in accordance with paragraph 15 of these Terms and Conditions, ownership of the vouchers and other products 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 your order we may terminate the Contract by notice to you and refund you the price of the vouchers and other products paid by you, less the delivery charges, as soon as possible but in any event within 14 days.
5.1 We will deliver your order to the delivery address stated in your order. Estimated delivery times are given in working days. We will use our reasonable endeavours to deliver your order 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 order 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 order by express or special delivery, it 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 items in your order after it has been delivered to the delivery address stated in your order.
6 VOUCHER ENTITLEMENT AND VALIDITY
6.1 Subject to paragraph 8 and the type of voucher you purchase, your voucher 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, safety and legal compliance.
6.1.3 A glass of Prosecco, or another similar sparkling wine as available, after the flight.
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 that you purchase as set out below:
Weekday Morning (MORNMF)
- 12 months validity
- Fly AM Monday to Friday only
- Bank holidays included
Weekday Morning Or Evening (ANYMF)
- 12 months validity
- Fly AM or PM Monday to Friday only
- Bank holidays included
Any Day Morning Or Evening (ANYMS)
- 12 months validity
- Fly AM or PM Monday to Sunday
- Bank holidays included
Any Day Morning Or Evening Plus (ANYMSR)
- 18 months validity
- Fly AM or PM Monday to Sunday
- Bank holidays included
- Weather refund option*
* The different refund options and conditions are specified in paragraph 7
6.3 Your vouchers are valid for a period of 12 or 18 months, unless otherwise stated, 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 your flight, unless the validity period of your voucher is extended under paragraphs 10.2 or 11.3.
6.4 Your voucher is not redeemable for cash.
6.5 The face value of your voucher 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 ‘Any Day Morning or Evening Plus’ refundable voucher, which entitles you, subject to conditions, to a monetary refund under paragraph 7.1.1 or an exchange to a Virgin Experience Days Gift Card (subject to availability) under paragraphs 7.1.2 and 7.1.3.
7.1.1 Monetary Refund – you are entitled to a monetary refund for each ‘Any Day Morning or Evening Plus’ refundable voucher 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. Fee includes VAT at the applicable rate.
– 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 Gift Card Exchange – You are entitled to exchange your flight voucher for a Virgin Experience Days gift card equal to two thirds (66.7%) of the amount paid for each ‘Any Day Morning or Evening Plus’ refundable voucher 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.
– No handling fee will be charged and the gift card can be sent to the current voucher holder. 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.
7.1.3 Exchange for Virgin Experience Days Gift Card – If you are entitled to a monetary refund under paragraph 7.1.1, 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, no handling fee will be charged and the gift card can be sent to the current voucher holder. 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 pursuant to a “2-for-the-price-of-1” or “buy one get one free” offer, the full price voucher or vouchers will be treated as having been redeemed first. We will not refund the value of the “free” voucher.
7.3 We are only able to provide a refund or exchange if you have a voucher that was issued by us and, even though you are bound by the terms and conditions in this Contract, if you have a voucher that was issued by someone other than us you should refer to them for any potential refunds or exchanges.
8 GENERAL VOUCHER EXCHANGE
8.1 All valid vouchers can be redeemed for a flight, as stated on the voucher, or products sold on our website as 'gift extras' (subject to availability). Once you have booked or made any attempt to fly, you will only be able to redeem your voucher for a balloon flight. This exchange is subject to paragraph 7.3.
8.2 If you wish to receive any of the products under paragraph 8.1, you must notify us at least 21 days before the expiry date of your voucher, either by telephone, in writing or by email, in which case you will cease to be entitled to participate in a flight.
8.3 You must notify us either in writing or by email of any claim regarding the non-delivery, quantity or condition of any item delivered or any damage within 5 days of delivery.
8.5 All voucher exchanges must be full and final and no credit will remain after the exchange.
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 or email confirming the time you must call the flight line to confirm the exact location and the exact time your flight is scheduled for. Please set a reminder, as you must call the flight line to check for any potential last-minute changes.
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. Flights can generally 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 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 type at paragraph 6 unless you pay such additional sum as we require to upgrade to a different voucher type. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our reasonable control.
10 POSTPONEMENT BY YOU
10.1 You can postpone taking your flight after you have booked by cancelling your booking up to 3 working days before the flight date, provided you contact us in writing or by email. 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.
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 and supply us with a copy of your valid MATB1 (obtainable from 26 weeks of pregnancy).
10.3 If you do not participate in your flight on the booked date, 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, RELOCATIONS OR POSTPONEMENT BY US OR THE PILOT
11.1 We, or our 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, or after, the time the booking confirmation specifies. You may be advised of different times by telephone or email.
11.3 Provided you have booked a flight on at least one occasion during the initial validity period of your voucher 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 the last cancellation. 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.
11.4 We, or our pilot, may at our or their discretion decide to use a back-up site within reasonable distance of the original site in order for the flight to be able to take place. Reason for the use of the backup site will be given by the pilot on the flight information line and such reasons could be matters beyond our or their reasonable control, or for safety or legal reasons. Such reasons can vary from the wind being in the wrong direction (meaning the balloon could fly directly into an airport’s airspace or out over the sea) to occasions where launch sites become temporarily or permanently unusable. You will be required to attend the flight at the back-up site, or you may lose your right to fly as per paragraph 10.3.
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 continue your flight. No refund will be payable in these circumstances and you will not 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:
– At your pilot’s discretion
– If you are accompanied by a responsible adult
– You are least 7 years old and a minimum of 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 14 days of the date of refusal but will have no further liability to you arising from you 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
– 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.
13.1 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, natural disasters, pandemics 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 gift extra 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 vouchers or attached as a PDF file to the voucher email, 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. 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 seen on our website or 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, 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 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. 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 14 days of us 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 and other products you have agreed to buy direct from us under the Contract at any time up to the end of the 14th day after you receive the vouchers and other products, subject to paragraph 15.2.
15.2 The Contract cannot be cancelled, nor any refund provided if you have used the vouchers to book onto a flight within 14 days of purchase, even if this flight is subsequently cancelled.
15.3 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 or sending it by post or email to the relevant address or email address shown in the Contact Us section of our website, giving details of the vouchers (or the vouchers in respect of which the Contract is cancelled).
15.4 If you cancel the Contract in accordance with this paragraph after the vouchers and other products have been delivered to you, you will be responsible for returning the vouchers and other products to us at your cost and risk in the state and condition in which they were when delivered. The vouchers and other products must be returned to our address given in in the Contact Us section of our website within 14 days of the date of the notice of cancellation. You must take reasonable care of the vouchers and other products until they are returned or sent to us and you must not unpack them or use them.
15.5 If you cancel the Contract in whole or part in accordance with paragraph 15.1, we will re-credit to your credit or bank debit card or refund you as soon as possible, and in any event within 14 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 15.6.
15.6 If you do not return the vouchers and other products, 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 and other products to meet your order;
16.1.2 One or more of the vouchers or other products 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 original method of payment as soon as possible, but in any event within 14 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.
19.2 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 Act 1999 (Rights of Third Parties).
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, or sent by pre-paid first class post or email to the address or email address you give us and on us if it is delivered or sent to the postal or email address set out in the Contact Us section of our website. In addition, a notice of cancellation may be given in accordance with paragraph 15.
Dated: 1st June 2020. These supersede all previous terms and conditions.
In the future…
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