Terms and Conditions

Terms and Conditions

Please take time to read our terms and conditions before ordering a Voucher. Please feel welcome to call us, should you wish to discuss any of our terms and conditions. We want you to buy from us with confidence.

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).

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 Bailey Balloons ltd trading as Aerosaurus Balloons & South West Balloon Flights excludes their liability), the enforceability of any other term or condition shall not be affected and shall remain enforceable.

Voucher Purchase

1) It is our intention that all the terms of the contract between us are contained in these terms and conditions and in the brochures and associated documents issued by us and in the information shown on our website(s). You will be bound by all these terms and conditions. If you wish to rely on a variation in these terms you should ensure that we agree the variations in writing. If you purchase a gift voucher through a booking agent or a hotel you should agree any variation in these terms with us and not the booking agent or the hotel.
2) The purchase of any voucher for a hot air balloon flight experience must be made over the phone, or via our website, which will include or provide access to our terms and conditions. Supplements may be applicable for flights from special events, such as balloon festivals, and special locations. 
3) Vouchers may be purchased by telephone, mail or electronically from our website. You should check the details and read the terms and conditions.
4) If you do not agree with our terms and conditions you have a right to cancel your purchase within 14 working days commencing on the working day after you receive the voucher. Cancellations must be notified to us in writing within 14 working days as specified above and all documents received must be returned.

5) Vouchers are a personalised item and you will incur a £12.00 administration charge per voucher if cancelled within the 14 working day ’cooling off’ period, otherwise an increased admin charge may be applied. Other non-personalised merchandise, such as sweatshirts, is fully refundable if returned in a re-saleable condition within 14 days. A “Balloon in a Box” is fully personalised and is therefore non-refundable.
6) If within 14 days of purchase you make a booking for a flight date you are deemed to have accepted these terms and conditions and the ‘cooling off’ period will cease.
7) Unless you cancel within the time stipulated you will be bound by all these terms and conditions.
8) This contract is made with you but you can give the flight experience (on the terms of this Contract) to someone else provided you tell us in writing. These Terms and Conditions will still apply and “you” in these terms and conditions will refer to that person.

9) Even if a flight date is booked, the flight cannot be taken until it has been paid for in full.



Our Obligations to you

10) The voucher will provide the opportunity for you to participate in a hot air balloon flight experience as defined in paragraph 10 above, for a period of 12 months from the purchase date, subject to complying with clause 24. The experience is participatory and includes the preparation and inflation of the balloon for flight, a flight in a hot air balloon and the recovery of the balloon at the end of the flight.
11) The voucher is not redeemable for cash.  As an alternative to a hot air balloon flight experience, you may during the 3 months following the purchase of the voucher and providing that you have not booked or attempted to book a flight, choose items from the company's range of merchandise and ballooning memorabilia including carriage to the face value of the voucher.
12) Launch sites may have practical or legal limitations on use, information on these will be provided with the flight information details. In circumstances where such limitations exist we reserve the right to change to a launch site most appropriate to the weather and operational conditions prevailing. We also reserve the right to change to another launch site where circumstances beyond our control require such a change.
13) 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. We cannot guarantee the duration of a flight or that it will follow any particular direction.
14) Hot Air balloon flights are completely dependent upon weather and weight loading, which is regulated by the Air Navigation Order. It may be necessary to postpone a flight at any time if in our judgment the conditions or weight loadings are not safe or if, for any other reason, the flight would not be permitted under the Air Navigation Order. We will give you as much warning as operational procedures allow of any postponement but in order to ensure your safety we reserve the right to postpone a flight at any time up to the moment of launch.  In the event of a flight being cancelled due to adverse weather conditions, or for any other reason, the current range of alternative dates will be available on enquiry to the booking office or on the company website(s).

a. All balloons are weight loaded and it is very important for accurate weights, especially in the summer months when the temperature is in excess of 20 degrees. If you are 18 stone or over you must pay a surcharge and take your balloon flight in the morning when it's cooler.  The warmer it is the less weight the balloon can lift, we would need to fly one less passenger in the basket to compensate for anyone who is 18 stone or more.

15) If we have to postpone your flight on 5 or more occasions during the main flying season which is April to October and your voucher is then valid for a period of less than two months we will extend the validity period of the voucher to include the next three months of the main flying season. If this extends the validity of the voucher into the main flying season of the next year, the voucher will also be valid for the intervening months. If the validity period of your voucher expires and you have not tried to fly on at least 5 occasions during the main flying season we will extend the validity period by a further 12 calendar months from the date of expiry for a fee of £70 per person or for £35 per person for 3 months provided that this payment is made within 30 days following the expiry of the voucher. The provision of an extension does not affect your statutory rights and the standard Terms and Conditions apply. Extension fees are non-refundable.
16) If flights are suspended due to operational restrictions beyond the Company’s control, validity of reservations will be extended by the period of such restrictions. We cannot be held liable for any of the client’s losses or cost of whatever nature that result from the suspension of any flights in accordance with this clause. 
17) A voucher is non-refundable save as specified in clauses 4 and 5 and the following exceptional circumstances, provided you meet the conditions of clauses 21 and 22 we will make you a refund less our reasonable administration costs (see clause 18) in the following circumstances: -
(i) If we agreed in writing at the time of the gift voucher purchase that the flight must be taken on a specified date or within a specified period of time of not more than one month from the purchase date and we were unable to fly at the time.
(ii) If at least one month before the end of validity you supply a doctor’s certificate showing that you were unfit to fly and will remain unfit for the duration of the validity period.
(iii) If you die during the validity period of the voucher.
18) As an alternative to a hot air balloon flight experience as defined in paragraph 10. above, you may choose items from the company's range of merchandise and ballooning memorabilia including carriage to the purchase value of the voucher, provided that the voucher is valid and you have not booked any flight date(s).
19) Refunds, in any other circumstances, are at our discretion and any request for a refund must be made in writing. Refunds will not be made to the user or any third party. Refunds are always made to the person who purchased the experience, and if originally purchased by credit card, the refund will be credited to the same card. If the card has expired you will need to request a refund in writing, quoting details of a new credit card.
20) All refunds will incur an administration fee of 40% of the price paid, except as specified in clauses 4 and 5. This percentage represents a reasonable aggregate of our administration costs per passenger. These inherently involve the provision of the full range of facilities needed to service the requirements of the balloon flight and the provision of these facilities is part of the contract.
21) If the Flight Provider has agreed with the Buyer at the time of the purchase that the Flight can be taken on a single specified date or within a specified period of not more than one month’s duration and if the Flight Provider is unable to provide the agreed flight, then the Flight Provider will refund the Voucher cost less a £25.00 per person handling fee. For group flights and flights from specific locations, a higher handling fee may be negotiated by the Flight Provider and agreed in writing at the time of booking. 
22) If you are unable to fly during the validity period of your voucher because you are pregnant we will extend the validity period by nine months provided we have been notified in writing during the first four months of the pregnancy.
23) We carry insurance cover for any legal liability we may be found to have to you for any injury you may sustain, or for damage sustained by your belongings during the course of flight, or during embarkation or disembarkation. However English law in some circumstances sets maximum limits on our legal liability to you that you might regard as inadequate to compensate for any loss, whether for death or personal injury or damage to your personal belongings.
The combined single limit third party and occupant liability and passenger effects insurance cover for each of the company’s balloons is in accordance with current European Legislation covering air transport.
We can provide further details upon request and 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 out your own additional cover. We will not be liable for any loss or damage to equipment and effects brought with you on the flight nor for death or personal injury above the level of our insurance cover unless it has been caused by our recklessness.
24) 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.
25) 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.
26) “Balloon in a Box” orders are sent by Royal Mail First Class.  Special Delivery Services are available on request and for an additional charge, these are guaranteed for delivery before 1.30 PM on Monday to Fridays only. Saturday deliveries are possible but are not guaranteed and may incur an additional cost. 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


27) 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 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.

28) 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 five 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.
29) If you have not met the conditions outlined in clauses 21 & 22 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 £70 per person or for a period of 3 months at a cost of £35 per person.
30) 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.
30) It is essential that all passengers telephone our weather line and flight confirmation line prior to your flight as per times on your e-mailed confirmation sheet, so that you do not incur any undue expense, by arriving at the launch site only to find the flight cancelled. Many times it is a beautiful warm sunny day but the wind is beyond our safe flight limitations.

31) Please be advised you will be asked to read and agree to a health statement and waiver in the launch field prior to your flight.
32) The Flight Provider does not except liability for any costs or expenses or damages consequential or otherwise the Buyer or the Voucher Holder has or may incur if the Flight Provider has postponed or cancelled the flight, even in the launch field, for any reason.

33) You may postpone or change your flight reservation with the following notice, provided that you do so by telephone during the working day:-
a. At least five full working days before the meeting time for the flight.
b. You must receive acceptance of your cancellation from us to ensure that you have been removed from the flight.  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.

c. Please note the following: Passengers cancelling at the last minute can jeopardize the whole flight by making the loading too light for the balloon to fly within its safety margins. Failure to turn up for your flight when confirmed has the potential to cause immense disappointment to others and you would therefore lose your voucher. We do need 5 working days’ cancellation notice to either attempt to fill the space or schedule a smaller balloon if available.

34) If you do not give sufficient notice of postponement in accordance with clause 29 above or do not attend in time to take part in your booked flight, you will not be entitled to reschedule your flight nor will you be entitled to any refund.


General


35) 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.
36) 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.
37) 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.
38) 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.
39) We will only fly children over the age of 7 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.
40) 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.
41) In the interests of safety and operational requirements we cannot undertake the carriage of passengers whose declared weight exceeds 18 stones (114 kg). However, under special circumstances we can offer a morning flight to persons who weigh in excess of 18 stone, there will be an additional fee of £50 per person for each person over 18 stone.
42) Smoking is not permitted within 50 metres of any part of the balloon nor on board.
43) 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.

Bailey Balloons reserves the right to change these terms from time to time without reference to customers. Current terms and conditions are always available on the company’s website.
Unless specifically provided for in these Terms & Conditions, no third party shall have any rights under or in connection with these Terms and Conditions.
44) 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.
45) We shall not be liable for any consequential or indirect loss or loss of profit suffered by you in relation to the services supplied. Our total liability to you for any default act or omission in connection with this agreement and the provision of the services shall be limited to the price paid. No warranties, representation, guarantees and proposals, oral or written, or other term or condition of whatever nature not contained and recorded in this document shall be of any force or effect or binding on us. Nothing in this clause shall exclude our liability for death or injury.
45) 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.

46) If we do not hear from you within 14 days (as stated above) then we consider these Terms & Conditions to have been accepted.

These terms and conditions are, with permitted changes, the standard terms and conditions of the hot air ballooning industry as agreed with the Office of Fair Trading.