Please take time to read our terms and conditions before ordering a Voucher. Please feel welcome to email 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).
o What these terms & conditions cover. These are the terms and conditions on which we supply vouchers and gift vouchers (Vouchers). The Vouchers provide the opportunity for you to book hot air balloon flight attempts (Flights) with us. You may order Vouchers which may be used to make such flight attempts in accordance with paragraph 4.
o If you do not agree with our terms & conditions, you have a right to cancel your purchase within 14 days, commencing on the day after you receive the Vouchers or order confirmation.
o If within 14 days of receipt you have made any flight date reservation, you are deemed to have accepted these terms.
o Why you should read them. These terms tell you who we are, how we will provide our services to you, how you and we may end or change the contract, what to do if there is a problem and other important information.
o Hot air ballooning is very weather dependent. By purchasing Vouchers you accept that flights are subject to change, cancellation and postponement on short or no notice. Meeting times for flights can vary by up to an hour earlier or later than the time stated, according to weather and operational conditions as required. Please ensure you account for a potential change of meeting time and leave enough time to be able to get to the launch site. In some cases flights may need to be rebooked many times. Although many passengers fly at their first attempt, it is more typical to have several flights cancelled due to unsuitable weather, before successfully flying.
o Information About Us, And How To Contact Us.
o We are Bailey Balloons Ltd, a company registered in England & Wales (company no 485946) Registered address is: 44 Ham green Bristol BS20 0HA, trading as South West Balloon Flights
South West Ballon Flights is an online service only so please contact us by emailing our service team at email@example.com
o If we have to contact you, we will email you using the details you provided to us in your order.
o When we use the word “write”, “writing” or “written” in these terms, we are including emails.
o Our Contract With You.
o Our acceptance of your order for Vouchers will take place when we send via email the Vouchers/order confirmation, at which point a contract will come into force between us.
o Booking A Flight.
Please contact us within three months of purchase, via the website https://www.southwestballoonflights.co.uk/login/ quoting the booking number from the Vouchers and the surname of the purchaser in order to book a flight attempt. Vouchers may be used by you, or gifted to a third party (Voucher Holder).
o Vouchers are valid for 9 months. The expiry date is shown on the Vouchers. Vouchers entitle you or the Voucher Holder to book hot air balloon flight attempts with us during the validity period. Within the validity period, Voucher Holders may make unlimited attempts to fly.
o Hot air balloon flights have no specified duration, but we endeavour to fly for at least one hour. In addition, please allow time for set up, pre-flight safety briefings, pack up after landing, and return to launch site by road. In total 3 to 4 hours.
o Advertised launch sites may be changed to an alternative location at a reasonable distance from the original site. Reason for use of an alternative site will only be for reasons out of our control, or for safety or legal reasons.
o Postponement By You.
o You may postpone your booked flight attempt, subject to the notice periods below. Any postponement must be made by telephone to our service team during our business hours. Emails or voicemail messages are not acceptable.
▪ At least seven working days before the flight attempt if the attempt is booked for a Tuesday to Saturday inclusive.
▪ At least seven working days before the flight attempt if the attempt is booked for a Sunday or Monday.
If you fail to give notice in accordance with this paragraph, or arrive late for your flight, you will invalidate your Vouchers.
Postponement Due to Covid-19
In the event that a passenger tests positive for Covid-19 or has been notified that they must self isolate with less than 7 days remaining until their booked flight date the following apply;
– Passengers MUST contact us as soon as they are notified they have to o isolate, giving as much notice as possible.
– We will require proof of the notification to isolate to be emailed to us, including proof of the time and date received. If passengers do not immediately contact us they will risk losing their flight vouchers.
-If passengers contact us after the flight has been called on, they will lose their flight vouchers.
▪ Postponement By Us/The Weather.
o Hot air balloon flights are dependent upon the weather conditions. It may be necessary to postpone a flight at any time if in the judgement of the pilot the conditions are not safe or the flight would not be permitted under the terms of the Air Navigation Order (or any other laws or regulations). We will use our reasonable endeavours to provide you with as much warning as operational procedures allow of any postponement, but this could be at any time up the moment of launch.
o We do not accept liability for any damages, costs, or expenses, consequential or otherwise that may be incurred for any changes, cancellations or postponements to any flights.
o Flights may have to be cancelled due to reasons beyond our control. These may include (but are not limited to) war, terrorism, disease (such as Foot & Mouth) or pandemic. In such cases, Voucher validity will be extended accordingly.
o Voucher Extensions.
o If, within the validity period of your Vouchers, we have to postpone your booked flight attempt on five or more occasions by the end of our season, we will automatically extend the validity period until the end of June of the following season.
o If you do not make the five attempts to fly as mentioned above, but would still like to extend the validity period for a further 9 months, you may do so by calling our service team and paying an extension fee of £50 per passenger.
o If a Voucher Holder is unable to fly during the validity period due to being pregnant, we will extend the validity period, adding the time lost to the expiry date as long the Voucher Holder provides a MAT B1 certificate and we are notified during the pregnancy.
o Non-refundable. Save as provided for in this paragraph 8, Vouchers are not refundable (except for our Refundable vouchers which are refundable less a £25 per passenger fee).
o Cooling Off Period. We will provide a full refund on Vouchers minus a £12.50 admin fee purchased direct from us, provided you notify us of your wish to cancel within 14 days of the date that the Vouchers were purchased. If you make a date booking for a flight attempt within this cooling off period, regardless of whether such date is within this period or later, we will be deemed to have provided a service and even in the event of a subsequent cancellation caused by weather, no refund will be made.
o Other Circumstances. We will refund the cost of the Vouchers less a handling fee of 40% in the following circumstances:
▪ you have a legal right to end the contract because of something we have done wrong; and
▪ where a medical condition prevents a Voucher Holder from flying, and which is not a pre-existing condition. You must notify us and supply a doctor’s certificate that the Voucher Holder will remain unable to fly at a future date beyond the validity period of the Vouchers. In these circumstances we will refund, less the 40% handling fee. This will also be the case in the event of the death of the Voucher Holder.
▪ Health & Safety and Pilot Rules.
o It is your responsibility to ensure that Voucher Holders are fit to fly, as the pilot is not qualified to express a medical opinion. Voucher Holders must not fly if they are suffering from any serious medical condition, or have recently undergone surgery, unless they have a doctor’s certificate confirming their fitness to fly. Voucher Holders must not fly if they are pregnant or under the influence of drugs or alcohol.
o Our paramount consideration is for your safety and the safety of other passengers and Voucher Holders participating in the flight. Voucher Holders must obey all requests and instructions issued by the pilot and ground crew, or any of our representatives, and take care to abide by all safety instructions given. The pilot has complete discretion as to whether to allow a Voucher Holder to take part in the flight, and will refuse to allow a Voucher Holder to do so if in his opinion they would be a danger to the aircraft, other passengers, Voucher Holders or themselves.
o The pilot has the ultimate responsibility for deciding the duration and conduct of any flight. We cannot guarantee that the flight will follow any particular direction or land at a specific location.
o You should wear appropriate clothing as is advised to you in advance of the flight such as sensible walking shoes, long trousers, long sleaves and a hat may be required.
o We will only fly children over the age of 7 years and whose height exceeds 1.4 metres. 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.
o Our Rights To End The Contract.
o We may end the contract if you break it. We may end the contract at any time by writing to you if:
▪ any payment has to be returned to you (through no fault of our own); or
▪ you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
▪ 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.
o If you have any questions or complaints about the services, please contact us using the details given in paragraph 2.
o Price & Payment.
o The price for the Vouchers will be the price set out in our price list in force at the date of your order, unless agreed otherwise.
o All Vouchers are bought on a pre-paid basis. Balance payments must be made at least 10 days prior to flight attempt.
o Our Responsibility For Loss Or Damage Suffered By You.
o We are not responsible to you for any loss or damage caused as a result of any changes, postponements and cancellations to flights. Without prejudice to the foregoing this might include: travel costs and time off work.
o We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
o We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
o How We May Use Your Personal Information.
o Other Important Terms.
o We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
o You may only transfer your rights or your obligations under these terms to another person with our written consent, such consent not to be unreasonably withheld or delayed.
o This contract is between you and us. No other person shall have any rights to enforce any of its terms.
o Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Vouchers may mean singular or plural vouchers or gift vouchers.
o If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.
These terms are governed by the laws of England and Wales.
Bailey Balloons Ltd Trading as South West Balloon Flights
Registered address: 44 Ham Green, Bristol BS20 0HA.
Company Registration Number: 4859466
VAT number: 822124079
Registered In England