Skyview Ballooning Ltd Terms & Conditions (v05/18)
1. Cooling Off Period
Under the Consumer Contracts Regulations you have a right to cancel your contract within 14 days of purchase. To cancel you must notify us in writing or by e-mail of your wish to do so. You must then return to us the cancelled Voucher and information pack (unless you have received an e-voucher). We are not able to refund any postage costs. Upon valid cancellation a full refund for the cost of the Voucher will be given. If a flight date is booked or postponed within this 14 day period and a refund is requested there will be a 15% handling charge. This right applies only to the purchaser of the Voucher only. Otherwise, after 14 days, these Terms & Conditions are deemed to be accepted.
2. All Gift Vouchers
2.1 All Vouchers are valid for a period of 12 months from the date of purchase. If your Flight is not taken within this time you will lose the right to participate in a Flight except where the validity period of the Voucher has been extended under Clause 6.
2.2 It is your responsibility to check if your scheduled flight is to take place. You must telephone the Flight Confirmation Line on 01303 230 750, as instructed, to check that the Flight has not been cancelled due to adverse weather conditions or other event. It is the responsibility of the passenger to make contact to rebook a postponed flight.
2.3 All Vouchers are transferable to third parties and are valid as set out herein. The terms and conditions apply to the Buyer or the holder of a Voucher.
2.4 Vouchers can be exchanged for Skyview Ballooning Ltd merchandise at any time during their validity, up to and equal to the value of purchase, which is recorded by Skyview Ballooning Ltd.
3. Initial Contact
3.1 You are advised to make your initial contact with us as early as possible in order to secure your first booking. You should then try to make your first booking within three months of purchase. This is because ballooning is weather dependent and it may take more than one attempt for your flight to actually take place.
3.2 It is important that this provision is made known by the purchaser to any third party for whom the voucher is purchased as a gift. You will need to quote the booking number from the Voucher to make your first booking.
3.3 If this advice is not followed this may result in limited time for you to book a flight and could result in expiry of your voucher and the loss of your flight.
You may postpone your Flight reservation:-
4.1 Up to 36 hours before the meeting time for the Flight if the Flight is booked for a day between Tuesday to Saturday inclusive.
4.2 If the Flight is booked for a Sunday or Monday you must give us 72 hours notice of postponement.
4.3 Any postponement must be by telephone on 01303 812 812 during office hours (Mon-Fri, 10am – 3pm) – E mail or answerphone messages cancelling a flight are not acceptable.
4.4 If you do not give notice of postponement in accordance with this Clause 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 nor to any refund.
5. Flight Conditions
5.1 The Voucher will entitle you to participate in a Flight at a date to be arranged within 12 months of its purchase including, where appropriate, watching the preparation and inflation of the Balloon, approx an hours flight and arrangements to return you to the meeting point.
5.2 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 judgment of the Pilot or the company, conditions are not safe or the Flight would not be permitted under the Air Navigational Order. We will give you as much warning as operational procedures allow of the Flight postponement but this could be any time up to and including the moment of launch.
5.3 In the event of a Flight being cancelled due to adverse weather conditions or for any other reason by us, upon contacting our office, we will offer you alternative dates as soon as reasonably possible after the cancelled Flight.
5.4 We do not accept liability for any costs, expenses or damages consequential or otherwise the Buyer or Voucher Holder has or may incur if we have postponed or cancel any Flight for any reason.
5.5 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. We cannot guarantee that the Flight will follow any particular direction or land at a specific location or last for a specific length of time. However, if the flight duration is less than 30 mins due to safety reasons, the voucher holder will be offered another flight at no further cost.
5.6 If due to circumstances beyond our control, we have to withdraw or change any advertised launch site, an alternative location will be offered at a distance of no more than 20 miles from the original site.
6. Gift Voucher Extensions & Upgrades
6.1 Weather Insurance – If we have postponed your Flight on five or more occasions and the Voucher remains within the validity period, we will extend the Voucher to include the next three months of the flying season (April to October). If during this extended period a booked flight date is cancelled due to the weather on 2 more occasions the voucher will be extended again for a further 3 months of the flying season.
6.2 If the Voucher holder has not followed the advice set out in Clause 3 but would still like to fly, provided they contact us in writing or by e-mail before the Voucher expires, they may purchase a further years validity from the original expiry date at a cost of £50.00 per passenger.
6.3 The validity of the Voucher may be extended by us if an event outside our control, such as Foot and Mouth Disease, makes the provision of the Flight impossible. The extension will be for the same period as the duration of the restriction. The Voucher Holder will be advised of any extension when they contact us either to book or confirm their Flight.
6.4 If you are unable to fly during the validity period of your Voucher because you are pregnant we will extend the validity period by twelve months.
6.5 You can upgrade your Voucher at any time during its validity. The cost will be the difference between the original purchase price of the Voucher and the price of the desired Voucher at the time of upgrade.
Vouchers are not refundable except in the following events:-
7.1 Where proven medical reason prevents you flying you must notify us, as in Clause 4, of the reason preventing you from taking your Flight and supply a doctor’s certificate that you will remain unfit and unable to fly at a future date beyond the validity period. In these circumstances we will refund the cost of the flight less a 15% handling charge. This will also be the case in the event of the death of the Voucher holder.
8. Fitness to fly
8.1 We are 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.
8.2 Our 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 our 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. If you are refused to fly at the time of meeting you will not be able to rearrange your flight date and no refund will be given.
8.3 As detailed in the Air Navigation Order, our balloons are loaded according to weight and it is important that you provide us with an accurate weight (fully clothed) when booking a flight. We carry weighing scales and reserve the right to weigh any passenger at the launch site prior to take off. If you have underestimated your weight you may not be permitted to fly. You will not be able to rearrange your flight, your Voucher will be invalid and no refund will be given.
8.4 If you weigh over 18 stone then you must purchase a weight supplement voucher at £80 per passenger prior to booking a date for your flight. If on the day of your flight you weigh over 18 stone and have not purchased a weight supplement voucher, you must do so prior to take off or you will not be permitted to fly. You will not be able to rearrange your flight; your Voucher will be invalid and no refund will be given.
In the event of a dispute arising between the Voucher Holder and ourselves the matter is to be referred to the committee for the time being of the British Association of Balloon Operators who, acting as an arbitrator, will determine the matter. The costs of the referral (if any) to be determined in the ruling.
10. Additional Provisions
10.1 We 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.
10.2 In circumstances where the Voucher has been purchased from a source other than direct from ourselves, any rights, remedies or actions relating to that purchase will be against the seller and not us. Our Terms and Conditions regarding the flight itself will still be applicable.
10.3 You should wear such appropriate clothing as is advised to you in advance of the flight and as further detailed in our information pack.
10.4 Balloons in a box are fully personalised and are non refundable under any circumstances. Where the Royal Mail Special Delivery service has been used, we cannot guarantee delivery. The limit of liability in the case of a failed or damaged delay shall be the maximum of the original purchase price of the balloon in a box. Pre flight gift packs can be returned within 7 days from the date of postage to you (as evidenced by Royal Mail Proof of Postage) for a full refund, minus a £7 restocking charge. They must be in their original condition and unused. Where the Royal Mail Special Delivery service has been used, we cannot guarantee delivery. The limit of liability in the case of failed or damaged delay of a Pre flight gift pack shall be the postage cost only.
10.5 In flight photography is not guaranteed on all flights. Once USB’s are ordered, they are fully personalised and are non refundable under any circumstances.
10.6 Vehicles parked at the meeting point for a flight and their contents are left at your risk and we accept no liability for any loss or damage to your vehicle or its contents.
We carry 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 to a maximum limit of £1 million. If you do not consider that the amount of insurance cover would be adequate to compensate you for any loss whether for death, personal injury or damage to your belongings you should take independent advice to arrange additional cover. We 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 our recklessness or lack of duty of care.