The term ‘flight’ in addition to transportation in a balloon shall where applicable include transportation for the passenger in any motor vehicle owned or operated by or on behalf of Balloon Adventures (herein called the Operator).
The Operator is a private carrier and is not a common carrier.
Flights shall be governed by such Conditions Regulations and Conventions as are in force in South Australia and the Operator shall be entitled to the benefit of every exclusion or limitation of liability permitted by such Conditions Regulations and Conventions or the law generally.
Subject to Clause 3, the Operator shall be under no liability to the Passenger, his/her personal representatives or dependents for his/her death or any loss, injury, damage or claims howsoever caused and either caused directly or indirectly to him/her or his/her belongings in respect of or arising out of the Flights or any other services or operations of the Operator, its agents, servants or representatives and the Passenger by acceptance of this Ticket for him/herself, his/her personal representatives and dependents hereby releases and discharges the Operator its agents servants or representatives from all claims against the Operator for compensation for death, loss, injury, damage, delay or claim of whatsoever nature or howsoever caused whether sustained on board the balloon or in any motor vehicle as aforesaid or in the course of any of the operations of flight, transportation, embarking or disembarking or otherwise, caused directly or indirectly to him/her or his/her belongings or to any other person who except for this condition, might have been entitled to make a claim, and whether caused or occasioned by act, neglect, negligence or default of the Operator, its servants or agents or representatives or otherwise howsoever.
The Operator reserves the right to cancel any flight for any reason whatsoever or to terminate any flight at any stage after the commencement thereof without compensation to the Passenger.
The Operator is hereby contracting as an agent for and on behalf of any agents servants or representatives of the Operator and the benefit of any exclusion or limitation of liability of the Operator under these conditions expressed or implied shall apply to the agents, servants, or representatives of the Operator who have no authority to alter, modify or waive any condition expressed or implied herein.
The conditions of this Ticket shall continue to apply despite any event, act, default, negligence, neglect of the Operator or its agents, servants or representatives which may be construed as a fundamental breach of this contract.
If any portion of these conditions is invalid or unenforceable the rest shall not thereby be affected.
The Operator will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
The conditions of this Ticket shall be construed according to and be governed by the laws of South Australia and any action against the Operator shall be brought only in a South Australian court.
Ballooning may involve some risks not found in everyday life. The Passenger, by acceptance of this Ticket, accepts those risks.
Plan A is to fly over the Barossa, but sometimes the weather conditions don’t allow that to happen, but we do have a Plan B, which is to fly over the Murray River. If plan B does not work, plan C is to go back home to bed. You accept the pilot’s decision on where to fly on the day.
