AIRTOPIA BALLOONING TERMS AND CONDITIONS
Under the terms of this agreement the Flight Provider will provide a Flight to the holder of a valid Flight Voucher, (the 'Flight Voucher holder' or 'You') that is a
Flight Voucher which is in date or which has been extended in accordance with the Terms and Conditions herein. These terms and conditions apply to the Buyer or the holder of a Flight
Voucher.
The Terms and Conditions can also be downloaded in pdf format here.
1. FLIGHT VOUCHERS
1.1 Flight vouchers are:-
1.2 transferable to third parties and are open dated.
1.3 non refundable except where the Flight Provider is notified by the Buyer or Flight Voucher Holder of cancellation within 7 days of the purchase of the Flight Voucher.
1.4 valid for a period of 24 months from the date of purchase. The valid until date is shown on the front of the voucher. If your Flight is not taken before the valid until date you
will lose the right to participate in a Flight except where the validity period of the Voucher has been extended.
1.5 extendable by 12 months if the Flight Voucher Holder becomes pregnant during the validity of the flight voucher.
2. COOLING OFF PERIOD
2.1 A full refund for the cost of the Flight Voucher can be obtained from the Flight Provider where the Flight Provider is notified by the Buyer or Flight Voucher Holder of
the cancellation within 7 days of the purchase of the Flight Voucher (the Cooling Off Period). Refunds will only be made to the Buyer of the Flight Voucher. Refunds to third
parties are not permitted.
2.2 Notice must be received by the Flight Provider by 5pm on the seventh day after the purchase (the Cooling Off Period).
3. EXTENSIONS
3.1 The validity of the flight voucher may be extended by the Flight Provider if an event outside the control of the Flight Provider such as Foot and Mouth Disease or Avian Flu or
other event which makes the provision of the flight either impossible or undesirable. The extension is at the sole discretion of the Flight Provider. The Voucher Holder will be
advised of any extension of the Flight Voucher when they contact the Flight Provider either to book or confirm the Flight.
3.2 Where a medical reason prevents you flying you must notify the Flight Provider of the reason preventing you from taking your Flight at least one month before the expiry date
of the Flight Voucher and supply a doctor's certificate confirming the length of the Flight Voucher holders incapacity. The validity of the flight voucher will be extended
to cover the period of such incapacity.
4. POSTPONEMENT
4.1 You may postpone your flight reservation:-
4.1.1 up to 36 hours before the meeting time for the flight if the flight is booked for a day between Tuesday to Saturday inclusive and up to 72 hours before the meeting time
for the flight if the flight is booked for a Sunday or Monday.
4.1.2 if you do not give notice of postponement in accordance with Clause 4 and are not at the meeting point in time to take part in your scheduled Flight; you will not
be entitled to a re-scheduled flight.
5. FITNESS TO FLY
5.1 The Flight Provider is not qualified to express an opinion confirming that you are fit to fly. It is your responsibility to ensure that you are fit to fly. You must not fly if you
are suffering from any serious medical condition, or have recently undergone surgery unless you have a certificate confirming your fitness to fly from your doctor. You must not
fly if you are pregnant or under the influence of alcohol or drugs.
5.2 The Flight Provider's paramount consideration is your safety and the safety of other passengers participating in the Flight. You must obey all requests and instructions
issued by the Pilot or any of the Flight Providers representatives and take particular care to abide by all safety instructions given. The Pilot has complete discretion as to
whether to allow you to take part in the Flight and will refuse to allow you to do so if in his opinion you would be a danger to the Balloon, the other passengers or to yourself.
6. FLIGHT CONDITIONS
6.1 The Flight Voucher will entitle you to participate in a Flight at a date to be arranged within 24 months of its purchase.
6.2 Flights are dependent upon the weather conditions and are regulated under the Air Navigation Order. It may be necessary to postpone a Flight at any time if in the judgement of
the Pilot or the Flight Provider conditions are not safe or the Flight would not be permitted under the Air Navigational Order. The Flight Provider will give you as much warning
as operational procedures allow of the Flight postponement.
6.3 In order to ensure the safety of the Balloon and its passengers, the Pilot and Flight Provider reserve the right to postpone a Flight at any time up to and including the moment of
launch.
6.4 In the event of a Flight being cancelled due to adverse weather conditions or for any other reason by the Flight Provider except in the event of an occurrence outlined in Clause 10,
alternative dates will be offered as soon as reasonably possible after the cancelled Flight.
6.5 It is intended that the Balloon Flight will last for approximately 1 hour but the Pilot has ultimate responsibility for deciding the duration and conduct of any Flight.
The Pilot is responsible for deciding the appropriate time and place of any landing. The Flight Provider cannot guarantee that the Flight will follow any particular direction or
land at a specific location or last for a specific length of time.
7. INSURANCE
The Flight Provider carries insurance cover against the risk of injury or damage to passengers and their belongings during the course of our flights as laid down by European Air
Transport Regulations. The Flight Provider will not be held liable for any loss or damage to clothing, equipment or effects brought with you onto the Flight nor for death or personal
injury unless it has been caused by the recklessness of the Pilot or the Flight Provider.
8. ADDITIONAL PROVISIONS
8.1 The Flight Provider does not accept liability for any costs or expenses or damages consequential or otherwise the Buyer or Voucher Holder has or may incur if the Flight Provider
has postponed or cancelled any Flight for any reason.
8.2 The Flight Provider reserves the right to change launch sites if the wind direction or airspace restrictions prevent safe flight on your chosen day. In this instance the Flight
will be transferred to the nearest alternative site of the original launch site.
8.3 The Flight Provider will not fly children under the age of 7 years. A child under the age of 16 years will only be flown if accompanied by a responsible adult.
8.4 All passengers should wear appropriate clothing as is advised to you in advance of the Flight and as further detailed in the Flight Providers brochure.
8.5 The Flight Provider will not allow smoking on board the Balloon or within close proximity to the Balloon.
9. LAW AND JURISDICTION
The Contract is governed by English Law and subject to the jurisdiction of the courts of England and Wales.
10.
FORCE MAJEURE
In the occurrence of an event outside of the control of the Flight Provider including war, act of God (such as flood, earthquake), civil unrest or terrorism make the contract
impossible to perform then the contract will be rescinded without any further obligation by either party.
11. THIRD PARTY ACT
For the purposes of sub section 1 (1)(6) of the Contracts (Rights of Third Parties) Act 1999 the parties hereto agree that they do not intend any term of this agreement to be
enforceable by a third party except to the extent that the third party has any right or remedy that exists apart from that Act.
12. NOTICES
Receipt of notification is deemed to take place within 48 hours of being posted by 1st class post or on the same day when sent by e-mail (during normal office hours) and the next
working day when sent out of normal office hours (normal office hours being 9.00 a.m. - 5.00 p.m. weekdays, excluding public holidays). Where notice is given in person to the
Flight Provider receipt of notification will be deemed to take place at the time of receipt.
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