Airtopia Ballooning

Additional Information

Frequently Asked Questions

Airtopia Ballooning Terms and
ConditionsUnder the terms of this agreement the Flight Provider will provide a
Flight to the holder of a valid Flight Voucher (the ‘Flight Voucher
holder’ or ‘You’), that is a Flight Voucher which is in date or which has been
extended in accordance with the Terms and Conditions herein. These terms and
conditions apply to the Buyer or the holder of a Flight Voucher.1        
Flight Vouchers1.1    
Flight vouchers are: -1.2    
transferable to third parties and are open dated.1.3    
non refundable except where the Flight Provider is notified by the
Buyer or Flight Voucher Holder of cancellation within 7 days of the purchase of
the Flight Voucher.1.4    
valid for a period of 24 months from the date of purchase. The
valid until date is shown on the front of the voucher.  If your Flight is not taken before the valid
until date you will lose the right to participate in a Flight except where the
validity period of the Voucher has been extended.1.5    
extendable by 12 months if the Flight Voucher Holder becomes pregnant
during the validity of the flight voucher. 2     
Cooling Off Period

         2.1  A full refund for the cost of the Flight
Voucher can be obtained from the Flight Provider where the Flight Provider is
notified by the Buyer or Flight Voucher Holder of the cancellation within 7
days of the purchase of the Flight Voucher (the Cooling Off Period). Refunds
will only be made to the Buyer of the Flight Voucher.  Refunds to third parties are not permitted.

         2.2   Notice must be
received by the Flight Provider by 5pm on the seventh day after the purchase
(the Cooling Off Period).  3      Extensions3.1    
The validity of the flight voucher may be extended by the Flight
Provider if an event outside the control of the Flight Provider such as Foot
and Mouth Disease or Avian Flu or other event which makes the provision of the
flight either impossible or undesirable.  The extension is at the sole
discretion of the Flight Provider. The Voucher Holder will be advised of any
extension of the Flight Voucher when they contact the Flight Provider either to
book or confirm the Flight.3.2    
Where a medical reason prevents you flying you must notify the Flight
Provider of the reason preventing you from taking your Flight at least one
month before the expiry date of the Flight Voucher and supply a doctor’s
certificate confirming the length of the Flight Voucher holders incapacity. The
validity of the flight voucher will be extended to cover the period of such
incapacity. 4      
Postponement4.1     You may postpone
your flight reservation: –         4.1.1  up to 36 hours before the meeting time for
the flight if the flight is booked for a day between Tuesday to                  Saturday
inclusive and up to 72 hours before the meeting time for the flight if the
flight is booked for a                   Sunday or Monday.        4.1.2  if you do not give notice of postponement in
accordance with Clause 4 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.5      Fitness to fly

        5.1    The Flight
Provider is 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        5.2  
                The Flight
Provider’s 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 the Flight Providers 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.  6      Flight Conditions

        6.1    The Flight Voucher will entitle
you to participate in a Flight at a date to be arranged within 24 months of its
purchase.

        6.2    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
judgement of the Pilot or the Flight Provider conditions are not safe or the
Flight would not be permitted under the Air Navigational Order. The Flight
Provider will give you as much warning as operational procedures allow of the
Flight postponement.

        6.3    In order to ensure the safety of
the Balloon and its passengers, the Pilot and Flight Provider reserve the right
to postpone a Flight at any time up to and including the moment of
launch. 

        6.4    In the
event of a Flight being cancelled due to adverse weather conditions or for any
other reason by the Flight Provider except in the event of an occurrence
outlined in Clause 10, alternative dates will be offered as soon as reasonably
possible after the cancelled Flight. 6.5   
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.  The
Flight Provider cannot guarantee that the Flight will follow any particular          direction or land at a specific
location or last for a specific length of time.7      Insurance                The Flight Provider carries 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. The Flight Provider
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 the recklessness of the Pilot or the Flight
Provider.8      Additional Provisions

        8.1                   The Flight Provider does not
accept liability for any costs or expenses or damages consequential or
otherwise the Buyer or Voucher Holder has or may incur if the Flight Provider
has postponed or cancelled any Flight for any reason.        8.2                   The Flight Provider reserves the
right to change launch sites if the wind direction or airspace restrictions
prevent safe flight on your chosen day.  In this instance the Flight will
be transferred to the nearest alternative site of the original launch site.        8.3   The Flight Provider
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.        8.4                   All passengers should wear
appropriate clothing as is advised to you in advance of the Flight and as
further detailed in the Flight Providers brochure.8.5     The Flight
Provider will not allow smoking on board the Balloon or within close proximity
to the Balloon.9      Law and Jurisdiction                The Contract is governed by English Law
and subject to the jurisdiction of the courts of England and Wales.*10    Force
Majeure*                In the occurrence of
an event outside of the control of the Flight Provider including war, act of
God (such as flood, earthquake), civil unrest or terrorism make the contract
impossible to perform then the contract will be rescinded without any further
obligation by either party.11    Third Party Act                  For the purposes of sub
section 1 (1)(6) of the Contracts (Rights of Third Parties) Act 1999 the
parties hereto agree that they do not intend any term of this agreement to be
enforceable by a third party except to the extent that the third party has any
right or remedy that exists apart from that Act.12    Notices                Receipt of notification is deemed to take
place within 48 hours of being posted by 1st class post or on the
same day when sent by e-mail (during normal office hours) and the next working
day when sent out of normal office hours (normal office hours being 9.00 a.m. –
5.00 p.m. weekdays, excluding public holidays). Where notice is given in person
to the Flight Provider receipt of notification will be deemed to take place at
the time of receipt