Balloons Over Britain Ltd
Please take time to read our terms and conditions before ordering a Voucher. Do not hesitate to contact us on any point you require clarifying. Where stated herein, “working day” shall be taken to mean the period from 9 AM to 5 PM from Monday through to Friday inclusive (excluding Bank Holidays).
1) These terms and conditions govern the contract under which BALLOONS OVER BRITAIN Ltd (BOB) will supply Vouchers to the “purchaser” and BOB and its “Operators” will operate with the Voucher “user” whether that be the purchaser or another recipient of the Voucher. Unless specifically provided for herein, no third party shall have any rights under or in connection with these terms and conditions. These terms and conditions shall be construed, interpreted and applied in accordance with the Laws of England and Wales and subject to the jurisdiction of its courts. 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 shall not be affected and shall remain enforceable.
2) BOB acts as a disclosed agent for third party suppliers (Operators). BOB is not a balloon operator itself and is unable to give any guarantee as to the safety standards or performance of any Operator although all Operators are holders of a UK Civil Aviation Authority Air Operators Certificate (Balloons). BOB has no contractual liability to you (purchaser or user) as regards the provision of the ballooning experience although 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. BOB cannot accept any responsibility for any loss howsoever arising from BOB’s contract with the purchaser or user of a Voucher except in the case of death or personal injury caused by its negligence. If a dispute over the provision of the ballooning experience arises, then the user should attempt to resolve this with the Operator. If no resolution is achieved, BOB will then attempt to resolve the dispute between the two parties to mutual satisfaction.
3) 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 commercially licensed pilots who exercise due precautions to ensure safety. In purchasing one of our Vouchers, the purchaser and the user accepts the existence of an element of risk.
4) The user 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 in use and to safely sustain the possible hefty impact of a 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 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 of any flight booking made to avoid the possibility of them forfeiting the right to the activity (see Clause 23).
5) Operators welcome the participation of disabled people in their experiences though they recognize that to be able to participate safely in a hot air balloon flight, certain disabilities may present greater difficulties than others. Operators are committed to ensuring that customers with disabilities are given every opportunity to participate, so they require that users tell them about any disability or medical condition when making a flight booking even if they do not consider that it is a disability. Such information is needed to allow the Operator to respond to their duty of care for the user’s safety. Operators will be happy to provide information about the disabled facilities available on request although are unable to fly any person who is confined to a wheelchair as their baskets are not licenced for the carriage of passengers in wheelchairs.
6) Operators are not qualified to express an opinion concerning a user’s fitness to fly and the user must ensure that they are fit to fly. Users must not fly if they are suffering from any significant medical condition or have recently undergone surgery. Operators may ask users to provide a certificate of their fitness to fly from their doctor or medical specialist. It is necessary that users disclose any aspect of their medical or physical condition that could be considered to affect their safety or the safety of others. Users must not fly if pregnant or under the influence of alcohol and/or drugs.
7) A user must obey all reasonable instructions issued by any of the Operator’s representatives and take particular care to abide by any safety instructions given. The pilot has complete discretion under the Air Navigation Order as to whether to allow the user to take part in the flight and will refuse to allow the user to do so if in his/her opinion they would be a risk to the safe conduct of the flight, to the balloon, to other passengers or to themselves. In these circumstances user will forfeit their entitlement to a flight.
8) Operators will only fly children whose age is 8 years or over and whose height exceeds 4’ 6” (1.4m). A child under the age of 16 years will only be flown if accompanied by a parent or guardian or a responsible adult appointed by a parent or guardian. If the passenger is under 18, the written consent of a parent or guardian will be required.
9) Users should wear such appropriate clothing as is advised to them in the Operator’s supplied documentation.
10) In the interests of safety and operational requirements Operators cannot normally undertake the carriage of passengers whose weight exceeds 18 Stones (114 kg). Exceptions upon payment of a supplement may be possible but the purchaser must discuss this with BOB prior to purchase.
11) Mobile phones must be switched off onboard and no smoking is permitted onboard or within 50 metres of the balloon.
12) The Operator will carry insurance cover for any legal liability they may be found to have for any injury the user may sustain, or for damage sustained on their belongings during the course of flight, or during embarkation or disembarkation. However, UK law in some circumstances sets maximum limits on the legal liability to the user that they might regard as inadequate to compensate for any loss, whether for death or personal injury or damage to their personal belongings. The combined single limit third party and occupant liability and passenger effects insurance cover for each of the Operator’s balloons is in accordance with current European Legislation covering air transport. Operators can provide further details upon request and if the user does not then consider that the amount of insurance cover would be adequate to compensate them for any loss, whether for death, personal injury or damage to their belongings, then they should take out their own additional cover. Operators will not be liable for any loss or damage to equipment and effects brought with the user on the flight nor for death or personal injury above the level of their insurance cover unless it has been caused by their recklessness.
13) Operators cannot supervise vehicles parked at the meeting venue for a flight. Vehicles and their contents are left at the user’s own risk and no liability is accepted for any loss or damage to their vehicle or contents unless it is due to the Operators negligence.
Voucher Registration, Name Changes and Upgrades
14) Vouchers are made valid for the user to undertake a hot air balloon flight up to 12 months from the date of purchase (the ‘initial validity period’) as denoted by the ‘expiry date’ on the Voucher. Upon receiving the Voucher, the user should contact the Operator providing flights at their chosen location and ‘register’ the Voucher. The user is advised to do this no more than 3 months after receiving the Voucher although may do so at anytime up until the expiry date – although an extension fee payment may then be required to use the Voucher after its expiry date (see Clause 26). The user is advised to make a flight booking upon registering the Voucher or as early as possible thereafter.
15) Voucher registration may be made by telephone, mail, email or, where available, the Operator’s website facility. The Operator will then send documentation by post or email which will include a confirmation letter and appropriate details about their balloon flights and booking arrangements, all of which the user must read. If so requested in the letter, the user must sign and return any included booking form to the Operator and/or, if so requested, the Voucher. It is the user’s responsibility to ensure that, if so requested, the Voucher is received prior to the expiry date on that Voucher and at least 7 days prior to any flight date booked at the time of registration. Any such booking for a flight date may be cancelled by the Operator anytime beforehand if the user fails to meet these registration criteria.
16) The user may give the balloon flight experience to someone else provided they inform the Operator in writing and the Operator agrees that the new user is suited to undertake the experience. These terms and conditions will then continue to apply to that replacement user as if they were the original user.
17) BOB sells a range of Vouchers each with their own launch site options and time of day or days of week options. These details will be provided with the Voucher although BOB reserves the right to alter or change these options at any time for operational reasons and restrictions. The purchaser or user may upgrade restricted types of Vouchers to enable them to undertake their activity with less restriction. Details of such upgrade options and payment fees are available on request from the Operator or BOB. Such payments are non-refundable. Supplements may be applicable for flights from special events, such as balloon festivals, and special locations.
Booking Flights, Prior Check-In, Cancelling Flights and Changing Locations
18) The Operator will provide the opportunity for the user to book dates to undertake a hot air balloon flight experience during their main ‘flying season’ (which is typically mid-March to late October) provided the user’s booking with the Operator remains valid.
19) No guarantee can be made as to availability of the balloon flight activity on any particular day unless this is confirmed at the time of purchase.
20) The experience is participatory and includes the preparation and inflation of the balloon for flight, a flight in a hot air balloon, the recovery of the balloon at the end of the flight, a toast with champagne and provision of a flight certificate. It is intended that the balloon will be in the air for approximately one hour but the pilot has absolute responsibility for deciding the duration and conduct of any flight and the appropriate time and place of any landing. The Operator cannot guarantee the duration of a flight or that it will follow any particular direction.
21) The user will be provided with a telephone number and a ‘weather check-in’ period in which to call prior to a booked flight to check whether the flight has been called on or cancelled. The Operator does not accept any responsibility for any loss or cost incurred as a result of the user’s failure to ‘check-in’ per the provided instructions. Hot air balloon flights are highly weather dependent. It may be necessary to cancel a flight at any time if in the Operator’s judgement the conditions are not safe or the flight would not be permitted under the Air Navigation Order. The Operator will give users as much cancellation notice as circumstances allow but they reserve the right to cancel a flight at any time up to the moment of launch. In the event of a flight being cancelled, a range of alternative dates will be made available to the user on their enquiry to the Operator’s booking office or on their website. It is the user’s responsibility to ensure that they start early enough and make sufficient booking attempts during their booking validity period to give the Operator a reasonable chance of providing the user with the balloon flight experience given its weather dependency.
22) The Operator accepts no liability for any costs or expenses the user incurs if any booked flight is cancelled.
23) The user may cancel their flight booking provided that they do so during the working day and at least two full working days before the meeting time for the flight if their flight is booked for a day between Tuesday to Saturday inclusive or at least three full working days before the meeting time for the flight if their flight is booked for a Sunday or Monday. The user should request the cancellation by telephoning and speaking to the Operator directly. If the user instead leaves a message on the Operator’s answerphone or chooses to use email, then the cancellation will only have been accepted if the user receives an acceptance response back from the Operator, thus confirming that the cancellation request has been received. If the user does not give notice of cancellation in accordance with this clause or does not attend in time to take part in your booked flight (and the user must arrive at the launchsite in time for the pilot to provide them with a pre-inflation safety briefing), the user will forfeit their entitlement to a balloon flight. We recommend that you insure yourself against events that may result in you failing to attend in time.
24) Flights may be booked for locations listed in the supplied documentation which will provide details of meeting locations for these locations. The Operator reserves the right to notify a change of the meeting venue to another location at anytime up to and including the ‘weather check-in’ period where operational circumstances or weather conditions require such a change.
25) If at anytime the user wishes to undertake their balloon flight experience at a location provided by another Operator, then the user must inform the current Operator in writing whereupon they will transfer your details and booking history to that other Operator and these terms and conditions shall continue to apply with the other Operator.
26) If an Operator has had to cancel a user’s booked flights on five or more occasions during the Operator’s flying season (see Clause 18) and during the initial validity period, and the user remains unflown by the end of this period, the Operator will extend without charge the validity period by a further 12 months. If an Operator has had to cancel the user’s booked flights on five or more occasions during such further 12 month extension periods, again the Operator will extend without charge the validity period by a further 12 months, and so on. If the user has not met this condition but they contact the Operator before the booking expiry date, the Operator will provide the user with the opportunity to fly for a further 12 months from the expiry date at a cost of £50 per person. This payment is non-refundable.
27) If all flights are suspended due to operational restrictions beyond BOB’s or the Operator’s reasonable control, the validity period will be extended by the period of such restrictions. Neither BOB or Operators can be held liable for any losses or cost of whatever nature that result from the suspension of any flights in accordance with this clause and by adding this extension period to a voucher, BOB’s contract may be not be regarded as being frustrated.
28) If the user is pregnant, the Operator will extend the validity period by twelve months provided the user notifies the Operator in writing, and with supporting medical documentation, during their pregnancy and prior to the user’s booking expiry date. This extension will apply also to the user’s partner if they are booked in with the user.
29) If the user’s booking validity period expires and is not extended by the Operator or the user according to clauses 26, 27 or 28, then the user will forfeit their entitlement to the balloon flight experience.
Voucher Refunds and ‘Options to Change’
30) The purchaser only may request a refund on any Voucher, subject to a £10.00 + VAT administration charge per passenger, within 14 days of the day after receipt of the Voucher, provided it was purchased directly from BOB and providing that if the balloon flight date has been booked, the refund request is made at least 7 working days prior to that booked date, and providing that when doing so, all supplied literature, Vouchers and any included ‘merchandise items’ are immediately then returned by Recorded Delivery and received by BOB. Refunds are made within 30 days of receipt. If any such ‘merchandise item’ is returned in a non-saleable condition, or not included with the returned Voucher, then the refund amount will be reduced by the full sale price of that merchandise item. Thereafter, all Vouchers are non-refundable except as specified in Clause 32. If the purchase was made by credit/debit card, then the refund will be credited to the same card. To obtain such a refund or opt to take ‘Options to Change’ in Clause 32, the purchaser must contact BOB and additionally inform the Operator if the user has already registered with an Operator or has a booked flight with an Operator.
31) Refunds are not available solely on any ‘merchandise item’ unless it has been received in faulty or significantly damaged condition.
32) Where the Voucher is an Anytime Premium voucher, then it is refundable, subject to a £10+VAT administration fee per passenger and less any intermediary selling Agent’s commission fee, only if the user has not flown on 5 or more booked dates within the initial validity period due to the booked flights being cancelled by the Operator and only if the user is, and has been throughout, in full compliance with these terms and conditions and if the purchaser notifies us in writing within 21 days of the date of the last flight attempt by the user that they want a refund instead of the user flying. Alternatively, in such circumstances,or for medically certified reasons (full details available on request), the user may then opt to instead use their Anytime Premium Voucher to participate in one of a range of other experience activities (known as ‘Options to Change’) where these have been offered at the time of purchase. 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 Anytime Premium Voucher unless BOB has extended the voucher for reasons of pregnancy, illness or any other reason that BOB decides is appropriate. Thereafter, the Voucher is treated as if it were an Anytime Voucher as regards the application of these terms and conditions.
Limits of Liability
33) The information provided by BOB for each experience or activity is given in good faith and is consistent with the information supplied by its Operators. However, there may be changes in the exact arrangements on the day or during the course of the validity period of the booking. Information provided should therefore be taken as a guide only. Photographs used are illustrative and not necessarily of the actual equipment in use at any particular location.
34) Should a particular preferred advertised location become unavailable whilst other locations remain available, BOB will endeavour to find an acceptable alternative location for the user 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.
35) Theprovided Voucher is evidence of payment for a hot air balloon flight. Each Voucher will show a personal booking reference number. This number must be quoted when communicating with BOB. Vouchers and the personal booking reference numbers (whether issued by BOB on its Vouchers or another number by an Operator), must be kept safely and securely. BOB and its Operators will take no responsibility for any loss the purchaser or user may incur as a result of impersonation or identity fraud.
36) BOB’ s liability for any claim of breach of obligation regarding any single Voucher or experience or activity shall not exceed the price of that single voucher, experience or activity.
37) The contract between the purchaser or user 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.
38) 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 balloon flight experience 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. Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights the 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 purchaser or user for death or personal injury resulting from the negligence of BOB or that of the employees or agents of BOB.
39) In no circumstances will BOB be liable to the purchaser or user for any direct, indirect, consequential, special or other damage howsoever resulting. Such damage shall include (without limitation) loss of profits and interruption to business. BOB shall have no liability to the user for any damage or any delay to the balloon flight 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.
40) BOB reserves the right to change these terms and conditions from time to time without notification. Current terms and conditions are available on BOB’s websites: http://www.balloonsoverbritain.co.uk and http://www.balloonsoverbritain.com
41) The text, illustrations and pictures used in all BOB promotional literature, printed or on its websites, are protected by copyright and must not be copied in whole or in part without the express permission of BOB.
42) The purchaser and user undertake that any requested data relating to them that they give to BOB or the Operator is correct.
43) The purchaser and user consents to BOB and the Operator processing data provided by them and relating to them in accordance with The Data Protection Act 1998 and for this data to be held on computer files and used for the purposes of administration, accounting and marketing.
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.