| 21. |
We do not accept liability for any costs or expenses
you incur if we have to postpone any flight where the
reason for the postponement is beyond our control. |
| 22. |
We cannot supervise vehicles parked at the meeting
point for a flight and vehicles and their contents are
left at your risk and no liability is accepted for any
loss or damage to your vehicle or contents unless it
is due to our negligence. |
| 23. |
“Balloon in a Box” orders are sent by Royal
Mail Special Delivery Service and are guaranteed for
delivery before 12.30 PM on Monday to Fridays only.
Saturday deliveries are possible but are not guaranteed.
The limit of our liability in the case of a failed or
damaged delivery shall be no more than the original
purchase price of the “Balloon in a Box”. |
Your obligations to us
|
| 24. |
You must contact us within 3 months of the purchase
date shown on the voucher to discuss booking your flight.
This booking must be for a date within 9 months of the
purchase date. If you do not do so and do not take your
flight within the validity period, the voucher will
expire at the end of its validity period and you will
lose your entitlement to a flight. We will not make
any refund in these circumstances. It is the responsibility
of the passenger to make contact to re-book a postponed
flight in order that the operator has the opportunity
to complete the contract. |
| 25. |
Your gift voucher is valid for a period of 12 months
from the date upon which it was bought. If your flight
is not taken within that time, you will lose your entitlement
to a balloon flight unless you have booked flights on
eight occasions during the main flying season which
have had to be postponed for normal operational reasons
or the validity period of the gift voucher has been
extended for some other reason under these Terms and
Conditions. |
| 26. |
If you have not met the conditions outlined in clauses
24 & 25 and you contact us in writing
before your voucher expires we will provide you with
the opportunity to fly for a further 12 months from
the original expiry date of your voucher at a cost of
£30 per person. |
| 27. |
If payment was not made in full when the voucher was
purchased the balance must be paid ten days before the
first date for which you book your flight. |
| 28. |
Before your appointed flight reservation you must
telephone our flight information/weather line in accordance
with our instructions to check that the flight has not
been affected by adverse weather conditions or in any
other way. |
| 29. |
You may postpone or change your flight reservation
with the following notice, provided that you do so by
telephone during the working day:-
| - |
At least two full working days before
the meeting time for the flight if your flight
is booked for a day between Tuesday to Saturday
inclusive; |
| - |
At least three full working days before
the meeting time for the flight if your flight
is booked for a Sunday or Monday; |
A message left on an out-of-hours answering machine
that is sent by fax, or by e-mail is not acceptable
as a method of postponement. |
| 30. |
If you do not give notice of postponement in accordance
with clause 29 above or do not attend in time
to take part in your booked flight, you will have lost
your entitlement to a balloon flight. |
General
|
| 31. |
Ballooning activities intrinsically involve the possibility
of physical risks greater than those encountered in
daily life, even though they are conducted under the
supervision of commercial pilots who exercise all due
precautions to ensure safety. By taking part in such
ballooning activities passengers are understood to be
fully aware of these risks. |
| 32. |
We welcome the participation of disabled people in
our experiences, though we recognize that to be able
to participate safely in a Hot Air Balloon Flight certain
disabilities may present greater difficulties than others.
We are committed to ensuring that customers with disabilities
are given every opportunity to participate, so we require
that you tell us about any disability or medical condition,
even if YOU do not consider that it is a disability,
at the time of ordering. Such information is needed
to allow us to respond to our duty of care for your
safety. This enables us to do our best to meet the participant's
particular needs if possible. We will be happy to provide
information about the disabled facilities available
at specific venues on request. We are unable to fly
any person who is confined to a wheelchair, as our baskets
are not licensed for the carriage of passengers in wheelchairs. |
| 33. |
We are not qualified to express an opinion concerning
your fitness to fly and you must ensure that you are
fit to fly. You must not fly if you are suffering from
any significant medical condition, or have recently
undergone surgery. We may ask you to provide a certificate
of your fitness to fly from your doctor or specialist.
It is necessary that you disclose any aspect of your
medical or physical condition that could be considered
to affect your safety or the safety of others. You must
not fly if you are pregnant or under the influence of
alcohol and/or drugs. |
| 34. |
Our paramount consideration is your safety and the
safety of others participating in the flight and you
must obey all requests and instructions issued by any
of our 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 you to take part in the flight and will refuse
to allow you to do so if in his/her opinion you would
be a risk to the safe conduct of the flight, to the
balloon, to other passengers or to yourself. In these
circumstances you will lose your entitlement to a flight. |
| 35. |
We will only fly children over the age of 8 years
and whose height exceeds 4’ 6” (1.4m). A child
under the age of 16 years will only be flown if accompanied
by a responsible adult appointed by the parent(s) or
guardian. |
| 36. |
You should wear such appropriate clothing as is advised
to you in advance of the flight and as further detailed
in the brochures and associated literature supplied
to you. |
| 37. |
In the interests of safety and operational requirements
we cannot undertake the carriage of passengers whose
declared weight exceeds 18 stones (114 kg). |
| 38. |
Smoking is not permitted within 50 metres of any
part of the balloon nor on board. |
| 39. |
If we are unable to provide the service for whatever
reason then we may terminate the contract. We cannot
be held liable for any of the client’s losses or
cost of whatever nature that result from the cancellation. |
| 40. |
The Cotswold Balloon Company Ltd reserves the right
to change these terms from time to time without reference
to customers. |
| 41. |
Unless specifically provided for in these Terms &
Conditions, no third party shall have any rights under
or in connection with these Terms and Conditions. |
| 42. |
You consent to us processing data provided by you
and relating to you 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. |
| 43. |
The provisions of these terms and conditions 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 any other provisions
or the remainder of the relevant provision. |
| 44. |
This agreement shall be construed, interpreted and
applied in accordance with the Laws of England and Wales
and subject to the jurisdiction of its courts. |
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EDITION V4.05 250806 |
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