| Eastern Ballon Rides' Terms and Conditions | ||
| Please read the following terms and conditions carefully, thay have been compiled with assistance from the British Association of Balloon Operators to help ensure that all our guests have an enjoyable ballooning experience. | ||
I. |
Eastern Balloon Rides require full payment
to make a reservation or purchase a voucher. |
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2. |
This contract is made with you but you
can give the flight experience to someone else provided you tell us. These Terms and Conditions will still apply and "you" in the rest ot these Terms and Conditions will refer to that person. |
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3. |
It is our intention that all the terms
of the contract between us are contained in these terms and conditions and in the brochure and associated documents issued by us. If you wish to rely upon any variation in these terms you should ensure that the variations are agreed by us in writing. If you purchase a 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. |
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Our obligations to you: |
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1. |
The voucher/ticket will entitle you to
participate in a hot air balloon flight experience at a date, to be arranged, within 12 months of its purchase. |
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2. |
The voucher is not redeemable for cash. |
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3. |
Hot air balloon flights
are completely dependant upon the weather and are regulated by the Air Navigation Order. It may be necessary to postpone a flight at any time if in our judgement the conditions are not safe or 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 safety we reserve the right to postpone a flight at any time up to the moment of launch. |
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4. |
It is intended that the
balloon will be in the air for approximately 1 hour but the pilot has
ultimate responsibility for deciding the duration and conduct of any flight and the appropriate time and place of any landing. We cannot guarantee that a flight will follow any particular direction. Due to the Geography of Essex with reference to the coast, its estuaries and Stantead controlled airspace it is not possible to guarantee any particular launch site on any particular day. |
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5. |
If we have to postpone
your flight on five or more occasions we will extend the validity period
of your voucher/ticket to include the next month of the main flying season and providing you make at least two attempts to fly in that month it will continue to be extended month by month. 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. |
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6. |
We will make you a refund
less our reasonable administration costs (see Clause 8 ) in the following
circumstances. If it is certified by a doctor that there is no possibility that you will be or were medically fit to fly ( other than by reason of pregnancy) during the validity period of your voucher. If we have agreed in writing at the time of the 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 and we are unable to fly at that time. |
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7. |
If you are unable to fly
during the validity period of your voucher because you are pregnant we
will |
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8. |
Our administration costs
are forty per cent of the voucher/ticket price. |
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9. |
We carry limited insurance
cover against the risk of any injury or damage to passengers and their belongings during the course of our flights in accordance with international agreements covering air transport. The level of cover varies from time to time as a result of currency fluctuations and you may not consider it adequate. 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 the death or personal injury above the level of our insurance cover unless it has been caused by our recklessness. |
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I0. |
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. |
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11. |
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. |
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Your obligation
to Eastern Ballon Rides: |
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1.
| Your voucher is valid tor
a period of 12 months from the date upon which it is bought. If your |
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2. |
You must contact us within
3 months of purchase date shown on the voucher, quoting the booking number on the voucher to make a first booking for your flight which must be for a date within 9 months of the purchase date and in the main flying season. If you do not do so and do not take your flight within the validity period of the voucher the voucher will expire at the end of its validity period and you will lose the right to a flight. We will not make any refund in these circumstances. |
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3. |
You must telephone the flight
information line to check that your flight is going ahead, after 10.30pm
the evening before a morning flight or late in the afternoon the same day of an evening flight. |
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4. |
You may postpone your flight
up to 3 days before the meeting time for the flight which you have booked if your flight has been booked for a day between Wednesday and Saturday inclusive and up to 4 days before the meeting time for the flight which you have booked if your flight has been booked between Sunday and Tuesday. |
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5. |
If you do not give notice
of postponement in accordance with paragraph 4 above or do not attend in time to take part in your booked flight, you will not be entitled to a re-scheduled flight nor to any refund. ie. if you fall sick and you are unable to give notice as paragraph 4 above send a relation or friend in your place or if your car breaks down on the way to the launch site call a taxi. |
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6. |
We are not qualified to
express an opinion confirming that you are fit to fly and you must 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 of your fitness to fly from your doctor. You must not fly if you are pregnant or under the influence of excess alcohol or non-prescription drugs. |
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7. |
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 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 risk to the balloon to other passengers or to yourself. It is contrary to the Air Navigation Order for a person to drink or be drunk in a balloon. Smoking is not allowed on board or within the close proximity of the balloon. |
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8. |
A child under the age of
15 years will only be flown if accompanied by a responsible adult. | |
9. |
You should wear such appropriate
clothing as is advised to you in advance of the flight and as is further detailed in our brochure. |
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| Eastern Ballon Rides 2004 |
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