Terms and conditions
France Montgolfières Balloon Company Terms & Conditions
1. Tickets may be bought online, by telephone or in person at our booking office or from one of our appointed agents.
2. This contract is made with you but you can give the France Montgolfières balloon flight experience to someone else as a gift provided you inform us when you make the booking. These Terms & Conditions will refer to that person, the balloon passenger.
3. It is our intention that all terms of the contract between us are contained in these terms and conditions. If you purchase a ticket through an agent or a hotel you agree to these terms with us and not with the agent or the hotel. If you do not agree to be bound by these terms and conditions you should contact us immediately.
Our obligations to you:
1. The ticket will entitle you to a flight to be arranged within 12 months of purchase and includes:
• Preparation and inflation of the balloon for flight
• A flight in a hot air balloon
• A celebratory balloonist toast after the flight
• The recovery of the passengers, balloon and the return to the rendezvous point.
2. Our prices:
All our prices unless otherwise mentioned are valid for the season and are per person, (except the Billet Couple which is per-two people), include VAT and insurance
3. Flight cancellation:
a) Hot Air balloon fights are completely dependent on weather and only the pilot has authority to decide whether a flight goes ahead. We reserve the right to cancel a flight due to unsuitable weather conditions at any time up to the moment of take-off, or if the balloon does not have a sufficient number of passengers. We do not accept liability for any costs or expenses you incur if we have to cancel a flight.
b) Every ticket unless otherwise mentioned is valid for 7 month (April until October). France Montgolfières extends the validity to one year, in order to cover a full flying year regardless the date of purchase. The accommodation in the Prestige Packages cannot be cancelled even if the flight does not take place. c) The ticket “Maxi Choice,” with the supplementary cancellation insurance, is the only reimbursable ticket. The cancellation insurance itself will not be reimbursed. All reimbursement requests must be made before the expiration date of the ticket.
4. Boarding policy:
Clients must be in possession of a valid ticket issued by France Montgolfières Balloon Company in order to board our balloons. As a passenger flight operator, we are bound by the conditions of the Warsaw Convention. Our pilots have final responsibility for each flight and have complete discretion as to whether to allow you to board the balloon. You will be refused boarding if in the pilot’s opinion you would be a risk to the balloon or to the passengers or to yourself. The ticket will be considered used.
5. Flight policy:
As balloon flights are weather dependent, we cannot guarantee a flight will follow any particular direction. It is our intention that the balloon will be in the air for approximately 1 hour but the pilot has ultimate responsibility for deciding the duration, the meeting point, the take-off site and conduct of any flight and the appropriate time and place of any landing. Flights are undertaken within the limitations of VFR (Visual Flight Rules), as defined by the regulations of the French Civil Aviation Authority (DGAC) France Montgolfières Balloon Company is fully licensed by the French Civil Aviation Authority for the commercial transport of passengers by decree of December 2nd 1997.
6. Litigation: The exclusive place of jurisdiction for all litigation resulting from this contract or our services is our place of business headquarters.
Civil liability insurance is included in the price ticket for each passenger. The level of insurance is in accordance with international agreements covering air transportation required by the Warsaw Convention. We will not be liable for any loss or damage to equipment and personal effects including clothing brought with you on the flight nor for death or personal injury above the level of our insurance coverage. If you do not consider 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 insurance.
In each of our flight regions, we reserve the right to sub-contract flights to companies under contract with France Montgolfières Balloon Company. All our partner companies are licensed by the French Civil Aviation Authority.
Your obligations to us:
1. Your ticket: Your ticket is valid for twelve months from date of issue in order to cover a full flying season(April until October). You must make a minimum of 4 attempts to confirm your flight date with our central reservation office within this period otherwise your ticket will automatically expire. If you have made fewer than 4 attempts and your ticket expires you will be able to renew it for an extra year at an additional charge of €35 per ticket. All tickets older than 2 years are considered invalid. Any demand of extension must be made before expiration of the ticket. Beyond the expiry date the ticket is invalid. Please note that the flying season lasts from April – October. Tickets free of charge: Any ticket free of charge cannot be extended, reimbursed or modified.
a) Individual clients –Full payment must be made when the ticket is purchased. If full payment was not made when the ticket was purchased the balance must be made 10 days prior to the first date for which you have booked your flight.
b) Groups - of 10 people or more, ticket bookings must be confirmed by email or fax together with a 30% deposit. The balance of the total price is due, at latest, 15 days before the flight date. Total price due will be based on the number of participants listed at 15 days prior to flight date.
c) The payment online of your order automatically validates your agreement with our Sales Terms and Conditions and that you have read and understand these conditions and that you renounce any other sales terms and conditions. By ordering online and following the authorisation procedures constitutes an electronic signature. This electronic signature has the same value between the two parties as a handwritten signature and is valid for all of France. All of the information furnished, validated and registered by the client at the time of purchase is proof of the transaction. It is the client’s responsibility to insure that all the pertinent information required concerning his order or that of a third party’s, in the case of a gift, is correct in order that he or they may receive all the relevant information in return concerning the order and delivery of the goods purchased. The purchase is valid and may be used as soon as possible or at the most 72 hours after payment (excepting special request by the client) and according to the hereby Terms and Conditions. The reception of the order is notified to the client by email as soon as possible.
d) The client is hereby informed that according the French law (L-132-2 of the Monetary and Financial Code) the payment order done by credit card is irrevocable. The client may cancel the order only in the case of loss, theft, fraudulent use of the card or in the case of bankruptcy of the beneficiary.
3. Reservation: Each passenger in our balloons must be booked in advance via our booking office.
4. Flight confirmation:
In order to confirm your flight, you must telephone the contact number (details are found on the ticket confirmation letter) between 24 hours and 12 hours prior the scheduled take-off time, to confirm weather conditions are suitable for flying and to reconfirm the meeting point and time.
The ticket “maxi Choice” with the supplementary cancellation insurance is the only reimbursable ticket. The cancellation insurance itself will not be reimbursed. All requests for reimbursement must be made before expiration of the ticket.
a) Individual clients - you may cancel your flight up to 72 hours prior to take-off time provided you re-schedule your flight within one month of cancellation. If you cancel within 72 hours of flying time or are not present at the scheduled take-off site you are not entitled to a rescheduled flight or a refund. The ticket will be invalid.
b) Groups - the deposit is refundable in full if cancellation is made up to 30 days prior to the flight. If a cancellation is made 15 – 30 days prior to the flight date 50% of the deposit will be refunded however, if less than 15 days notice of cancellation is given the total amount is retained by France Montgolfières Balloon Company except if the tickets have cancellation insurance (available on request).
6. Medical conditions:
We are not qualified to confirm your fitness to fly. It is your responsibility to ensure 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 been issued with a doctor’s certificate stating you are fit to fly. You must not fly if you are pregnant or under the influence of drink or drugs. The baskets are not equipped with seats.
7. Children :
We will not fly children under the age of 6 years or shorter than 1m20. A child under the age of 12 years must be accompanied by a responsible adult. It is your responsibility to inform us of the age of the child passenger.
You should wear appropriate clothing as is advised in our flight information.
9. Delivery: delivery is made to the address indicated by the client on the order form. The delivery time is that of the transporter. If the delivery time exceeds 30 days from the purchase for which the French Hot Ari balloon Co. is responsible the ticket may be cancelled and the client reimbursed.
10. Retraction, guarantees, modifications and cancellations: in accordance to the French Consumer’s code L-121-18, clients have 14 days to retract their purchase made via internet. Any clause by which the client renounces his right to retract his purchase is null and void. The 14 day delay begins the day the client receives his purchase after which time the sale is considered definitive. Should the client request a refund, he simply needs to send an email accompanied with bank details and the same postal address as on the original order form as well as the Refund Request Form which may be downloaded from our site. The refund will be made within 14 days of our receiving notification by the consumer. According to the Law - L 121-18, proof of a retraction request rests on the client. We are not required to refund any supplementary postal or other charges should the client requests a refund mode other than the standard we normally use. In accordance with L-121-28 of the French Consumer’s Code the right to retract does not apply to leisure activities which require a date or a predetermined period. Therefore, at the moment where the client makes a reservation for the activity the right to retract ceases.
11. Freedom of information law of 6 January 1978: in accordance with the Freedom of information law, all personal data concerning the purchaser may not be automatically (electronically) utilised. The purchaser has the right to request the deletion or rectification of all or some of the data concerning them. The data requested by us is necessary for the processing of our clients orders and are obligatory, however this data will not be sold or exchanged with any other third party.
12. Storage and proof: We are obliged to store our invoices and order forms for a period of 10 years according to the French law 1369-4 and 1348 of the French Civil Code.
13. The Client declares to have had the possibility to verify the details of his order and the total price and to have corrected any errors before finalising his order.
France Montgolfières – 4 bis rue du Saussis 21140 SEMUR EN AUXOIS Tél : (33) 3 80 97 38 61 Fax (33) 3 80 97 37 42