Terms and Conditions

These terms and conditions govern the contract under which BALLOONS OVER BRITAIN LTD will supply Gift Vouchers.

1. Please take time to read our terms and conditions before ordering any Gift Vouchers. Do not hesitate to contact us on any point you require clarifying. These terms and conditions govern the contract under which BALLOONS OVER BRITAIN Ltd (BOB) will supply Gift Vouchers to you as the "purchaser" and operate with the "user(s)" whether that be just yourself or other recipients of the Gift Voucher(s).
2. BOB operates according to an agency model meaning that it acts as a disclosed agent for third party suppliers (Operators). When the user of a Gift Voucher registers their voucher with an Operator, they enter into a separate contract with the Operator for the provision of the activity and become subject to the Operator's own terms and conditions (which are standardised for all Operators) relating specifically to the provision of the activity. Where BOB acts as agent, this will mean that it has no contractual liability to you (purchaser or user) in respect of the provision of the activity. However, BOB may still be liable to you if BOB has been negligent, has misrepresented important information or has been in breach of any other relevant law.
3. Prices for Gift Vouchers for an activity are on a per person basis unless otherwise stated. They include delivery of the relevant voucher(s) within mainland UK.

Insurance and Safety

1. A hot air balloon flight activity intrinsically involves the possibility of physical risks greater than those encountered in daily life although the activity is conducted under the supervision of commercial pilots who exercise due precautions to ensure safety. In purchasing one of our Gift Vouchers, the purchaser and the user(s) accept the existence of an element of risk. Life, accident and property insurance policies vary in their coverage and it is advisable for the user(s) to check this with their insurance company in advance.
2. Although Operators and other suppliers have third party liability insurance, it is the user's responsibility to ensure that they are adequately covered.
3. BOB is neither an operator of aircraft, nor a provider of carriage by air, nor an operator of any other vehicle or equipment used in the provision of the activity. BOB is unable to give any guarantee as to the safety standards or performance of any Operator although all Operators will be holders of a UK Civil Aviation Authority Air Operators Certificate (Balloons).
4. BOB cannot accept any responsibility for any loss howsoever arising from BOB's contract with the purchaser or user of Gift Vouchers (save in the case of death or personal injury caused by its negligence).
5. Liability for any delay or cancellation of the activity or loss, injury, death or any other claim howsoever arising from or howsoever caused by the activities advertised by BOB or ordered through BOB shall be the sole responsibility of the Operator who provides the activity and shall be governed by that Operator's terms and conditions.
6. BOB welcomes the participation of disabled people in Operators' activities though BOB recognizes that to be able to participate safely in a hot air balloon flight activity, certain disabilities may present greater difficulties than others so BOB requires that you tell it about any disability or medical condition that the user(s) may have when making a Gift Voucher purchase, even if they do not consider that it is a disability. Such information is needed to allow Operators to respond to their duty of care for a user's safety and to do their best to meet the user's particular needs if possible. BOB will be happy to provide information about the disabled facilities available on request but Operators are unable to fly any person who is confined to a wheelchair as none of the Operators have baskets licensed for the carriage of passengers in wheelchairs.
7. The user(s) must be medically and physically fit enough to undertake the whole activity which includes the need to be agile enough to get in and out of the particular hot air balloon basket or equipment in use and to safely sustain the possible impact of a normal landing. If the user has any doubts about their medical or physical fitness, they should consult their doctor. The user should always seek advice from a doctor if there is any known heart complaint or other medical complaint (e.g. neck or back problems) which may be aggravated by this activity. The user should not fly if suffering from a heavy cold and must not fly if pregnant. It is incumbent on the user to notify the Operator of their possible inability to undertake the activity sufficiently in advance, as per the Operator's terms and conditions, of any flight booking made to avoid the possibility of their forfeiting the right to the activity.

Validity Period, Cancellation, Refunds, Extensions, Upgrades and 'Options to Change'

1. The purchased Gift Voucher will provide the opportunity for the user to participate in a hot air balloon flight activity at a date to be arranged within twelve months of the date the user registers their voucher with an Operator.
2. Once the user has registered their voucher, they will become subject to the Operator's terms and conditions which the Operator will provide to the user at that time. This may mean that if the user cancels a flight booking whereby stipulated minimum cancellation periods have not been met, the user may lose their entitlement to participate in the activity or may be liable for charges.
3. As hot air balloon flights are weather dependent, there is the possibility of short notice cancellation due to unsuitable weather conditions. Cancellations may also occur due to operational reasons or other unforeseen circumstances beyond the Operator's control. If the activity is cancelled, the user should re-book with the Operator concerned as soon as possible. BOB will not be liable for any costs such as travel or accommodation incurred by the user or their companions in such circumstances.
4. Should a particular preferred location become unavailable for any reason whatsoever after the user has received their voucher, BOB will endeavour to find an acceptable alternative location at no extra cost. Failing this, BOB reserves the right to give a full refund to the purchaser. This will be the limit of BOB's liability and BOB will not be liable for any other costs incurred by the purchaser, user or their companions, such as travel or accommodation.
5. The purchaser may claim a refund on a Gift Voucher within 7 working days of the working day after receipt of the Gift Voucher from BOB providing that if the activity date and time has been booked with an Operator, the refund claim is made at least 7 working days prior to that booked date and time, and providing that when doing so, all documents, Gift Vouchers etc are immediately then returned. Thereafter, all Gift Vouchers are non-refundable except as specified in 19). Gift Vouchers are a personalised item and refunds are subject to a £10.00 + VAT administration charge per Gift Voucher. For the purposes of this contract "working day" shall be taken to mean the period from 9 AM to 5 PM from Monday through to Friday inclusive.
6. Gift Voucher refunds are only ever made to the purchaser. If the purchase was made by credit/debit card, then the refund will be credited to the same card. If that card has expired, the purchaser will need to request a refund in writing quoting details of a new credit/debit card.
7. Refunds are not available on any other merchandise items unless they have been received in faulty or significantly damaged condition.
8. A Gift Voucher should be kept safe so as to return it in good condition if claiming a refund. Recorded delivery should be used in order to minimise the risk of the Gift Voucher(s) not being returned safely.
9. Where the Gift Voucher is a Platinum voucher, then this voucher is refundable only if the user has not flown on 5 or more booked dates within the initial validity period (as recorded on the voucher upon purchase) due to the booked flights being cancelled by the Operator for weather or other operational reasons and only if the user is, and has been throughout, in full compliance with the Operator's terms and conditions. Alternatively, in such circumstances, or for medically certified reasons (full details available on request), the user may then opt to instead use their Platinum Gift Voucher to participate in one of a range of other experience activities (known as 'Options to Change'). These experience activities are arranged through a third party and are subject to their terms and conditions. These refund and alternative activity options terminate with the end of the initial validity period of the Platinum Gift Voucher unless BOB has extended the voucher for reasons of pregnancy, illness or any other reason that BOB decides is appropriate. Thenceforth, the voucher is treated as if it were a standard voucher as regards the application of these terms and conditions.
10. To obtain such a refund or opt to take 'Options to Change' in 19), the purchaser or the user must notify their request in writing to the Operator with whom the user is registered. A refund will only be made to the purchaser as per 16) and within 30 days only after the return of the Gift Voucher(s) and documents to BOB.
11. If the BOB gift pack has been purchased from a retail store, a refund can only be obtained by returning the pack to the place of purchase together with the corresponding till receipt.
12. The user must initially book, and subsequently re-book if cancelled, a flight date and time that is within their Gift Voucher's validity period (unless applying to receive a refund under 15) or 19)). If it is not possible for the user to book their flight during that period, the Operator (or BOB if the user has yet to register with an Operator) will extend the validity period for a further period as detailed in the Operator's terms and conditions. A fee may be payable. The validity period will be extended free of charge if the user becomes pregnant and notifies the Operator (or BOB if the voucher is yet to be registered) within the first 4 months of pregnancy.
13. BOB sells a range of Gift Vouchers each with their own launch site options and time of day or days of week options. These details will be provided with the Gift Voucher although BOB reserves the right to alter or change these options at any time for operational reasons and restrictions. The purchaser may upgrade some types of Gift Vouchers to enable them to undertake their activity with greater such options. Details of such costs and options are available on request from the Operator or BOB if the user is yet to register their voucher with an Operator.
14. BOB's liability for any claim of breach of obligation regarding any single Gift Voucher or experience or activity shall not exceed the price of that single voucher, experience or activity.

Other

1. The information for each experience or activity is given in good faith and is consistent with the information supplied by Operators and other suppliers to BOB.
2. No guarantee can be made as to availability of the activity on any particular day unless this is confirmed at the time of purchase. BOB advises that the user books as far in advance as possible of any preferred date.
3. All Operators have height, weight and age restrictions. BOB can advise of these restrictions at purchase. If the user is under 18 the written consent of a parent or guardian will be required. Other age limits may apply.
4. Prices are correct at the time of print but may be changed at any time. BOB will advise of any such changes at purchase.
5. Gift Vouchers are valid for 12 months from the date of purchase and must be registered with an Operator before their expiry date. If so desired, a user may subsequently transfer to another Operator free of charge by notifying the current Operator in writing who will then arrange the transfer provided that all criteria set in the Operator's terms and conditions are met and adhered to. The user will remain subject to these terms and conditions with the new Operator.
6. As the provision of the activity is not performed by BOB but by a third party supplier, BOB will pass any necessary booking details to that third party. The placing of an order for any goods and services by you will constitute consent for BOB to pass on such details.
7. The purchaser undertakes that the details they give to BOB are correct, in particular that any credit or debit card used is that of the purchaser and that there are sufficient funds to cover the cost of the purchase.
8. BOB gift packs contain a Gift Voucher that is evidence of a payment for a hot air balloon flight. Except as specified in 15) and 19), the payment is non-refundable. Each voucher will show the personal booking reference number. This number must be quoted when communicating with BOB and will be used to identify the corresponding payment. Vouchers and the associated reference number(s) must be kept safely and securely. BOB will take no responsibility for any loss the purchaser or user may incur as a result of impersonation or identity fraud.
9. The contract between the purchaser and BOB does not create any right enforceable by any person under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
10. BOB endeavours to give accurate and detailed information about its hot air balloon flight activities. However, there may be changes in the exact arrangements on the day or during the course of the validity period of the voucher. These descriptions should therefore be taken as a guide only and do not form part of the contract. Photographs used are illustrative and not necessarily of the actual equipment in use at any particular location.

eVouchers

1. BOB's eVouchers can be used by the holder as part payment towards the purchase of a full price BOB gift pack.
2. BOB's eVouchers are valid until the expiry date printed on the voucher.
3. Any defaced or damaged eVoucher is invalid. The risk of theft or other loss of an eVoucherfor any reason is borne by the eVoucher's holder. BOB gift packs purchased with eVouchers are subject to these terms and conditions.

General

1. The text, illustrations and pictures used in all BOB promotional literature are protected by copyright and must not be copied in whole or in part without the express permission of BOB.
2. Neither BOB nor any of its Directors, employees or other representatives will be liable for any loss or damage arising out of, or in connection with, the activity or this contract. This is a comprehensive liability that applies to all kinds of damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.
3. Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights the Customer (purchaser or user) may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the liability of BOB to the Customer for death or personal injury resulting from the negligence of BOB or that of the employees or agents of BOB.
4. In no circumstances will BOB be liable to the Customer for any direct, indirect, consequential, special or other damage howsoever resulting. Such damage shall include (without limitation) loss of profits and interruption to business.
5. BOB shall have no liability to the user for any damage or any delay to the activity caused by any event or circumstance beyond the reasonable control of BOB including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6. If any part of these terms and conditions is unenforceable (including any provision in which BOB excludes their liability), the enforceability of any other term or condition will not be affected and shall remain enforceable.
7. This Contract shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes arising in respect of this Contract.
8. BOB reserves the right to change these terms and conditions from time to time without reference to Customers. Current terms and conditions are available on BOB's websites: http://www.balloonsoverbritain.co.uk and http://www.balloonsoverbritain.com
9. In these terms and conditions and any voucher or other literature supplied by BOB, "we" or "us" or "BOB" means "Balloons Over Britain Limited", Company No: 3125674 whose registered office is Bank House, Broad Street, Spalding, Lincolnshire PE11 1TB and whose correspondence address is Southbrook House, Southbrook, Whimple, Exeter, Devon, EX5 2PG and "you" means either the purchaser, the user(s) or both of a Gift Voucher as relevant.

Data Protection Act and Privacy Policy

BOB is registered as a Data Controller under the terms of the Data Protection Act and complies with the eight principles of the Data Protection Act 1998 that require that data is: fairly and lawfully processed; processed for limited purposes; adequate, relevant and not excessive; accurate; not kept longer than necessary; processed in accordance with the data subject's rights; secure; not transferred outside the EU without adequate protection.

BOB is committed to ensuring that Customer privacy is protected. This Privacy Policy explains how BOB uses the information it collects about you, how you can instruct BOB if you prefer to limit the use of that information and procedures that BOB has in place to safeguard your privacy. When you complete the Purchase Form, BOB needs to know your name, postal address, email address, telephone number, credit/debit card number, expiry date and CCV. BOB gathers this information so that it may arrange your activity and process your payment. BOB may also use information and statistics for the purposes of monitoring the success of the service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you. You may from time to time wish us to provide you with information about our service or any other service or products including those of third parties that we think may be of interest to you. If you would rather not receive this information please let BOB know. We always keep your information confidential. The internal procedures of BOB carefully cover the storage, access and disclosure of your information. By purchasing a BOB Gift Voucher, you consent to the use of information as set out in this policy. If BOB changes its Privacy Policy, it will notify you. Continued use of the service will signify that you agree to any such changes.

When you complete the Application Form we need to know your name, postal address, email address, telephone number, credit/debit card number and expiry date. We gather this information so that we may arrange your experience and process your payment.

We may also use information and statistics for the purposes of monitoring the success of the service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you. You may from time to time wish us to provide you with information about our service or any other service or products including those of third parties that we think may be of interest to you. If you would rather not receive this information please state as such.