Ballooning Network Ltd (trading as Bath Balloons)
TERMS AND CONDITIONS 2018 v1.11 November
These Terms and Conditions do not affect your statutory rights.
If you do not agree to be bound by these 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, providing there has been no flight booked (even if cancelled), which voids the cooling off period. Your cancellation must be made in writing and you must return the voucher or vouchers. If you do not cancel your purchase within this time period then you will be bound by all the Terms and Conditions. If you book a flight date within 14 days of purchase you are deemed to have accepted these Terms and Conditions.
This contract is made with you but you can give the flight to someone else, provided you inform us in writing or by email. These Terms and Conditions will still apply, and “you”, in the rest of these Terms and Conditions will refer to that person. Prices & fees (incl. VAT) may be subject to change without notice.
Your Voucher The gift voucher entitles you to participate in a hot air balloon flight experience at a date to be arranged. This experience will include the preparation and inflation of the balloon, a flight in a hot air balloon and the recovery of the balloon at the end of the flight.
Expiry And Refunds
Extensions And Upgrades Once purchased some types of voucher may be extended or upgraded, (Non-refundable vouchers can only be ‘upgraded’ to refundable within 14 days of purchase). Upgrades will be subject to an additional fee (please note: upgrades or extension fees are non-refundable). You cannot upgrade to use vouchers at the Bristol Balloon Fiesta which has its own voucher product, not valid at a subsequent year’s fiesta. In some cases we will extend the validity of the voucher for free, e.g. if you are unable to fly due to pregnancy (usually a 12 month free extension). In all cases you must request an extension in writing, or email, before voucher expiry. Vouchers near to expiry may be extended for a further year on payment of an extension fee.
If We Are Unable To Fly Our main flying season is from March to the end of October (Exclusive flights are available all year round). Flying is normally suspended completely during the period from November to February as ground conditions are usually too wet to fly large passenger balloons.
If we are forced to suspend flying for a prolonged period during our main flying season, due to restrictions imposed on us which are totally outside of our control, we will extend the validity of the voucher by the period of the restriction. We will also extend the validity of the voucher by an additional 10 days each time we are forced to postpone your flight during our main flying season e.g. due to bad weather. The more times you try to fly during our flying season the more times we will extend your voucher.
All flights are subject to the availability of a pilot and crew. If either of these become unavailable for a flight it may not be possible to proceed with the flight if alternative qualified persons are not available. If we do need to postpone your flight you must contact us again to rearrange another, allowing sufficient time for us to complete your flight before the expiry date of the voucher. We do not accept liability unless directly caused by our negligence for any costs or expenses you incur if we have to postpone any flight, where the reason for the postponement is beyond our control. You must telephone to check that the flight has not been affected by adverse weather conditions in accordance with our instructions.
Booking Your Flight Please quote your voucher number when booking your flight (you can only book one flight at a time). Once you have booked a date you can still make an alteration provided you speak to us during office hours and give us four complete working days notice, excluding Saturdays, Sundays and Bank Holidays. We are not able to accept an out of hour’s voicemail message, email or text as an acceptable method of postponement.
If you do not give adequate notice of postponement as indicated above, or do not attend on time to take part in your booked flight, you will not be entitled to a re-scheduled flight or any refund. You are responsible for your travel arrangements to and from the meeting place and we do not accept liability for delays in your travel arrangements. We will dispatch meeting arrangements prior to your flight by first class post or email, but delays in their receipt will not be deemed a breach of contract.
About Your Flight Hot air balloon flights are completely dependent upon the weather and are regulated by the Air Navigation Order. If, in our judgement, the conditions are not safe, or the flight would not be permitted under the Air Navigation Order, we may postpone a flight at any time. If we do we will give you as much warning as our operational procedures will allow, but in order to ensure your safety we reserve the right to postpone a flight at any time up to the moment of launch. Participation in a flight may also include assisting with the inflation and packing away afterwards.
Every flight is different. We plan for the balloon to be in the air for approximately one hour, but the pilot has the ultimate responsibility for deciding the duration and conduct of any flight and the appropriate time and place of landing. We cannot guarantee that a flight will be from any particular launch site, be in any particular direction, cover any particular distance or be at any particular height. The pilot, according to availability and weather conditions, will select which take off site to use. The pictures in our brochures, websites and other media are used for illustration purposes only and the balloon and other equipment used may vary. No smoking or vaping in or near any balloon or vehicle.
Your Fitness To Fly The decision as to whether you are physically fit enough to fly is your responsibility and we are not qualified to express a medical opinion confirming your fitness one way or the other. You must not fly if you are suffering from any serious medical conditions or have recently undergone surgery unless you have a certificate of your fitness to fly from your doctor. If you are in any doubt please consult your medical practitioner. Usually access to a balloon basket entails the use of inbuilt access footholds, if you have any serious mobility issues please contact us to discuss your requirements. We regret that we cannot fly those using wheelchairs, bottled oxygen, those with epilepsy or with severe hearth conditions including untreated high blood pressure.
You must not fly if you are pregnant or under the influence of alcohol or drugs. If in our, or the pilot's, reasonable opinion you are under the influence of alcohol or illegal drugs when arriving for your flight you will not be allowed to take part. No refund will be payable in these circumstances, nor will you be able to re-book your flight. Our paramount consideration is your safety and the safety of others participating in the flight and you must obey all requests and safety instructions issued by any of our representatives.
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 their opinion, you would be a risk to the balloon, to other passengers or to yourself. If you have any doubts please contact us prior to booking. You should wear such appropriate clothing as detailed in our meeting arrangements document.
Children We are can fly children between the ages of 9 and 16 provided they are over 4ft 6 inches/137 cm tall and are accompanied on the flight by a responsible adult.
Insurance And Liability We carry insurance cover against the risk of injury or damage to passengers and their belongings during the course of our flights in accordance with European Aviation Safety Agency Directive, should you require detailed information regarding insurance please contact the booking office. 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.
We cannot supervise vehicles parked at the meeting place. Vehicles and their contents are left at your own risk and no liability is accepted for any loss or damage to your vehicle or contents unless it is due to our negligence. Voucher orders, for delivery by post, are sent by first class post (Monday to Friday). If a ‘Balloon in a Box’ has been ordered it will be sent by Special Delivery and require a signature upon delivery. The limit of our liability in the case of a failed or damaged delivery shall be the maximum of the original purchase price of the ‘Balloon in a Box’.
About These Terms And Conditions These do not apply to complimentary vouchers, which have their own separate Terms and Conditions.
The ‘Master’ copy of our terms and conditions can be found on the relevant website page, and with additional terms to specific voucher products stated in the voucher sales information. If you have any reason to complain about a flight or our service, please write to or e-mail us at the address below (Detailed complaints cannot not be accepted by telephone).
Advice on our Complaints Procedure can be found on the FAQ page of our websites. It is our intention that all the terms of the contract between us are contained in these Terms and Conditions, associated documents and electronic media issued by us. If you wish to rely upon any variation in these terms you should ensure that the variations are agreed in writing. English law will have exclusive jurisdiction in disputes.
GDPR If you have any concerns regarding the security and use of any ‘personal’ data/information in connection with your flight or booking please contact us. If you withdraw consent for us to use your data to manage a booking you may be deemed to have cancelled your contract, as we cannot contact you.
Ballooning Network Ltd, trading as Ballooning Network, Bristol BalloonsTM & Bath Balloons
23-51 Winterstoke Road, Bristol BS3 2NP 01225 466888 firstname.lastname@example.org
Registered in England and Wales No. 4129672 VAT No. 771251932