Flight Terms & conditions

The following conditions, provisions and terms ('Terms and Conditions') govern the relationship between Balloon Academy Trust trading as Balloon Adventures (ABN 85 073 897 856) ('the Operator’) and the Customer in connection with the supply of services.

1. Definitions
   • 1.1 'Contract' means all contracts entered into between the Operator and the Customer.
   • 1.2 'Customer' means the purchaser of the Services, whose details are set out in the Operator's confirmation correspondence, any Quote and/or invoice issued by the Operator and includes any person acting as agent or purporting to act as agent of the Customer or any other passenger.
   • 1.3 'Flight' means transportation in a hot air balloon and where applicable includes any transportation for the passenger in any motor vehicle owned or operated by or on behalf of the Operator.
   • 1.4 'Force Majeure Event' includes an act of God, war, civil disturbance, riot, lightning, cyclone, earthquake, fire, storm, flood, explosion, governmental action and any other cause, event or circumstance which is not reasonably within the control of either the Operator or the Customer.
   • 1.5 'Group Booking' means any booking made for 6 or more passengers on the same Flight.
   • 1.6 'Operator' means Balloon Academy Trust trading as Balloon Adventures (ABN 85 073 897 856) or any heir, executor, administrator, successor or assignee of the Operator.
   • 1.7 ‘Passenger’ means any person participating in a Flight under these Terms and Conditions.
   • 1.8 'Price' includes:
     • 1.8.1 The cost of the Services as specifically agreed between the Operator and the Customer including, but not limited to the Price as noted in any Quote issued the Operator; or
     • 1.8.2 In the absence of any prior agreement, the amount set by the Operator, which may be subject to change from time to time.
   • 1.9 'Quote' means any order form, written order, quotation, website price guide or any other form of quotation as provided to the Customer by the Operator in relation to the Services whether in hard copy or electronic form or other quotation as described in Clause 5.
   • 1.10 'Services' means the services offered by the Operator, including but not limited to the provision of hot air balloon flights to the public in accordance with these terms.
2. Engagement
   • 2.1 The Operator is private carrier and is not a common carrier.
   • 2.2 Orders will only be accepted by the Operator, and Services will only be supplied by the Operator, upon and subject to these Terms and Conditions.
   • 2.3 Any order placed by the Customer, whether orally or in writing, shall constitute an offer to contract upon these Terms and Conditions and no variation, whether contained in the Customer's order or otherwise shall apply unless the same is accepted and agreed to in writing by an officer of the Operator authorised to sign on its behalf.
   • 2.4 No order shall be binding on the Operator unless and until accepted or confirmed in writing by the Operator.
   • 2.5 Unless otherwise agreed to in writing by the Operator and notwithstanding any terms appearing in documentation provided by or on behalf of the Customer these Terms and Conditions shall be incorporated as express terms and conditions into all Contracts by the Operator to supply the Customer with Services.
   • 2.6 Any request by the Customer for the supply of Services shall constitute acceptance of these Terms and Conditions.
   • 2.7 Clerical errors are subject to correction and do not bind the Operator.
3. Operator Obligations, Liability and Rights
   • 3.1 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.
   • 3.2 Flights are generally held during sunrise and are generally of one (1) hour duration. The Operator will make all reasonable endeavours to ensure this can occur, however the Operator does not guarantee that all Flights will take place during sunrise or be of one (1) hour duration, as these standards may be affected by a number of unpredictable factors on the day of the Flight, including but not limited to weather conditions. The time, direction and duration of the Flight will be determined by the Operator, in its sole discretion, on the day of the Flight.
   • 3.3 The Operator may, at its sole discretion, determine where Flights will travel on any given day and may choose any flight path it deems appropriate on the day of the Flight, for reasons including but not limited to weather conditions and other safety factors.
   • 3.4 The Operator reserves the right to refuse, at its sole discretion, any Customer or Passenger the right to access Services or participate in a Flight, including on the day of the flight, for reasons including but not limited to:
     • 3.4.1 Where the Customer or Passenger is displaying unruly or disruptive behaviour in the opinion of the Operator;
     • 3.4.2 Where the Operator reasonably believes the Customer or Passenger is under the influence of drugs or alcohol;
     • 3.4.3 Where the Operator believes the Customer or Passenger poses a potential threat to themselves, the Operator or any other individuals involved in the Flight;
     • 3.4.4 Where the Customer or Passenger is in breach of is/her duties under these Terms and Conditions; and
     • 3.4.5 For any other reason the Operator deems fit and appropriate in the circumstances.
   • 3.5 In the event any Customer or Passenger is refused access to a Flight under clause 3.4 herein, no refund will be provided, the Flight will not be rescheduled and any gift voucher used to pay for the Flight will be forfeited in its entirety. The Operator accepts no liability for any inconvenience or loss caused if any Flight or Services are refused on these grounds.
   • 3.6 The Customer and all Passengers participate in any Flight at their own risk. The Operator accepts no liability for any direct, indirect, special, unforeseen or consequential loss, damage or injury incurred during or as a result of any Flight.
   • 3.7 All personal belongings are carried during a Flight at the risk of the Customer and the Operator accepts no liability for any direct, indirect, special, unforeseen or consequential loss, damage or injury to such personal items incurred during or as a result of the flight.
   • 3.8 All other warranties, liabilities and obligations imposed under statute are expressly excluded but only to the extent that this exclusion does not contravene the Australian Consumer Law or cause any part of these Terms and Conditions to be void.
   • 3.9 The Operator shall not be liable to the Customer for any statements, representations, guarantees, conditions or warranties not expressly contained in these Terms and Conditions.
   • 3.10 The Operator shall not be liable for any breach of any provision of any contract between them and a Customer arising from a Force Majeure Event or any other cause that is or was beyond the reasonable control of the Operator.
4. Customer Obligations, Liability and Rights
   • 4.1 Where Passengers other than the Customer are to participate in a Flight, the Customer agrees to advise all Passengers under the Customer’s order of their obligations under these Terms and Conditions and in entering into the Contract, warrants that all Passengers under the Customer’s booking are aware of and agree to abide by these Terms and Conditions.
   • 4.2 The Customer will provide the Operator reasonable assistance as the Operator may request to enable the Operator to comply with its obligations under these Terms and Conditions and in relation to the provision of Services.
   • 4.3 The Customer acknowledges and agrees that any requests for refunds will require management review and be at the sole discretion of the Operator and no refunds are available once Services have been provided.
   • 4.4 The Customer acknowledges and agrees that these Terms and Conditions take precedence over any terms or conditions which may be contained in any document provided by the Customer.
   • 4.5 The Customer’s rights under these Terms and Conditions are not assignable or transferable.
   • 4.6 The Customer acknowledges that all purchases made by the Customer from the Operator are made relying solely upon the Customer’s own skill and judgment.
   • 4.7 The Customer acknowledges that the Operator has the sole discretion in accordance with these Terms and Conditions to determine the timing, duration, direction and path of any Flight, up to and including on the day of the Flight.
   • 4.8 The Customer and Passengers accept the inherent risks of ballooning which may result in death, loss or injury and acknowledges that they take part in any Flight at their sole risk.
   • 4.9 The Customer and Passengers agree to comply with all safety requirements communicated by the Operator, both within these Terms and Conditions and otherwise, and agrees to ensure all Passengers under the Customer’s booking also can comply with such safety requirements.
   • 4.10 For the avoidance of doubt, if any Passenger is unable to comply with any safety requirement of the Operator, the Operator may refuse the Customer or Passenger access to a Flight, in which case the Operator shall determine in its sole discretion whether the Customer or Passenger’s Flight will be refunded or rescheduled.
   • 4.11 The Customer and Passengers must abide by the following safety requirements when participating in a Flight:
     1. 4.11.1 Passengers must wear appropriate clothing and enclosed footwear.
     2. 4.11.2 Passengers must be able to climb in and out of the balloon vessel unaided.
     3. 4.11.3 No person who is pregnant is permitted to take part in a Flight.
     4. 4.11.4 Passengers must not have taken part in any scuba diving or similar activity within twenty-four (24) hours of their Flight.
     5. 4.11.5 Passengers must not be under the influence of any drugs or alcohol at the time of their Flight.
     6. 4.11.6 Passengers must be able to show they meet any relevant Public Health requirements at the time, including but not limited to Covid-19 restrictions.
     7. 4.11.7 The Customer and Passengers acknowledges that the Operator, in its sole direction, may refuse a Customer or Passenger access to a Flight in accordance with these Terms and Conditions.

5. Quotes
   • 5.1 All Quotes are to be treated as estimates only and in accordance with Clause 5.5 of these Terms and Conditions are subject to withdrawal, correction, or alteration at any time before acceptance by the Customer unless stated otherwise.
   • 5.2 Subject to Clause 5.1 all Quotes supplied by the Operator are valid for (7) days from the date the Quote is provided and thereafter are subject to confirmation in writing by the Operator unless otherwise stipulated on the Quote.
   • 5.3 Any estimate or Quote does not constitute an offer by the Operator and may be altered or withdrawn without notice.
   • 5.4 A Quote will only become binding on the Operator once the Operator has provided notice in writing to the Customer that the Operator has accepted the Customer's order.
   • 5.5 The Operator is entitled to vary or withdraw any Quote previously provided to a Customer.
6. Pricing and Payment
   • 6.1 The price charged for the Services shall be the Operator's price ruling at the date the Services are supplied unless otherwise agreed in writing by the Operator.
   • 6.2 Prices are charged in AUD and will be refunded if necessary in AUD. Any currency fluctuations that may occur in the intervening period are at the risk of the Customer.
   • 6.3 Pricing does not include GST. GST will be charged at the rate current at the time the Services are supplied and in accordance with clause 7.
   • 6.4 Should there be any variation in details or any other item or matter on which the Quote or invoice is based the Operator reserves the right to revise and amend the Contract price accordingly.
   • 6.5 Clerical errors in computations, typing or otherwise, including on any catalogue, quotation, acceptance, offer, invoice, or credit note of the Operator, shall be subject to correction.
   • 6.6 The Operator reserves the right to cancel any discounted rates or special offers at any time.
   • 6.7 Any invoice issued to the Customer by the Operator, unless otherwise specifically negotiated and agreed, is payable not later than seven (7) days from the date of the invoice and in any event prior to any Flight the subject of the invoice taking place.
   • 6.8 Payment is required to be made in full prior to any Services being provided and may be non-refundable in accordance with Clause 8.
   • 6.9 The Operator may, in its sole discretion, seek and recover from the Customer and the Customer agrees to pay:
     • 6.9.1 Interest on all overdue invoices at a rate of interest two percent (2%) per annum greater than the Cash Rate Target set by the Reserve Bank of Australia as at the date of the overdue invoice; and
     • 6.9.2 Any costs, fees or expenses incurred in collecting or attempting to collect any amounts that are not paid by the Customer by the due date and/or costs, fees or expenses incurred by the Operator in exercising any other rights, powers or remedies, including but not limited to debt collection agency's expenses and solicitors fees on a full indemnity basis.
   • 6.10 Amounts received by the Operator may be applied first against interest, charges and expenses before being applied to any outstanding invoices.
   • 6.11 The Customer shall be liable for, and expressly undertakes to pay, all fees (including an Administration Fee in an amount to be set from time to time by the Operator) for all costs incurred as a result of any cheque or electronic banking transaction being dishonoured for whatever reason.
   • 6.12 If the Customer has provided direct debit details to the Operator, it consents and agrees to the Operator using those direct debit details to pay any accounts including those accounts that have been outstanding for more than thirty (30) days.
7. GST
   • 7.1 If any Service supplied by the Operator is subject to Goods and Services Tax ('GST'), the Customer must, unless the price expressly states that GST is included, pay the relevant GST amount in addition to the specified price.
   • 7.2 The Customer shall reimburse the Operator for all taxes, excises, duties or other charges that the Operator may be required to pay to any Government or Statutory authority (Local, State or Federal) upon Goods or Services or related to the sale, production, transportation or delivery of Goods or Services.
8. Cancellations, Alterations and Refunds
   • 8.1 In the event of any cancellation or rescheduling of a Flight for any reason, the Operator will not reimburse the Customer or any other person for any consequential loss incurred, including but not limited to accommodation, travel or other expenses.
   • 8.2 In the event the Operator cancels a Customer’s Flight for any reason, the Customer is entitled to a full refund of monies paid for that Flight or to reschedule the flight subject to availability and minimum passenger numbers on other Flights. If the Customer elects to reschedule a Flight cancelled by the Operator under these Terms and Conditions, the new Flight time must be within twelve (12) months of the date of the original scheduled Flight or the Customer will be required to pay any price increases at the time of the new Flight. If a gift voucher was used for the booking of a cancelled Flight, the Customer is not entitled to a cash refund and must reschedule the flight for a date prior to the expiry date of the gift voucher or the gift voucher will be forfeited.
   • 8.3 The following rules apply to all bookings that are not Group Bookings:
     • 8.3.1 The Customer may reschedule or cancel their flight free of charge with more than seven (7) days’ notice prior to the scheduled Flight. In such circumstances, the Customer will be entitled to a full refund, or if the flight was booked using a gift voucher, the Customer will not be entitled to a cash refund but may reschedule a new Flight for a date prior to the expiry date of the gift voucher.
     • 8.3.2 The Customer may cancel or reschedule a flight with between forty-eight (48) hours and seven (7) days’ notice prior to the scheduled Flight, provided that the Customer pays a fee of $50 per Passenger per flight. This rescheduling fee is not refundable under any circumstances.
     • 8.3.3 The Customer may not reschedule or cancel a Flight within forty-eight (48) hours of the scheduled Flight. In such circumstances, the Customer will not be entitled to a full refund, or if the Flight was booked using a gift voucher, the Customer will will not be entitled to a refund or rescheduling, and any gift voucher used to book the flight will be forfeited.
   • 8.4 The following rules apply to the rescheduling of Group Bookings:
     • 8.4.1 The Customer may reschedule or cancel a Flight free of charge with more than fourteen (14) days’ notice prior to the scheduled Flight. In such circumstances, the Customer will be entitled to a full refund, or if the Flight was booked using a gift voucher, the Customer will not be entitled to a cash refund but may reschedule a new Flight for a date prior to the expiry date of the gift voucher.
     • 8.4.2 The Customer may cancel or reschedule a Flight with between seven (7) and fourteen (14) days’ notice prior to the scheduled Flight, provided that the Customer pays a fee of $50 per Passenger per Flight for any rescheduling. This rescheduling fee is not refundable under any circumstances.
     • 8.4.3 The Customer may not cancel or reschedule a Flight within seven (7) days of the Flight. Any Customer who cancels or attempts to reschedule a flight within seven (7) days of the Flight will not be entitled to a refund or rescheduling, and any gift voucher used to book the flight will be forfeited.

9. Gift Vouchers
   • 9.1 Gift vouchers are not refundable under any circumstances.
   • 9.2 Gift vouchers are valid for three (3) years from the date of purchase.
   • 9.3 Flights booked with a gift voucher must be taken within three (3) years from the date of purchase of the gift voucher.
   • 9.4 If a Flight booked using a gift voucher is cancelled under these Terms and Conditions for any reason by the Operator or the Customer, and for whatever reason (including but not limited to Customer or Operator availability or cancellation of any future flights by the Customer or Operator) the Customer is unable to take the Flight for a date within the three (3) year expiry of the gift voucher, the following provisions will apply:
     • 9.4.1 The Customer may elect to have the gift voucher extended for a period of twelve (12) months from the original expiry date, which will convert the gift voucher into a voucher for the dollar value of the original voucher, rather than a voucher for a Flight.
     • 9.4.2 The Customer will be required to pay the difference between the cost of any flight they wish to book using the voucher and the dollar value of the gift voucher.
     • 9.4.3 No refunds will be issued for any unused portion of a gift voucher value.
     • 9.4.4 If the Customer elects to extend the gift voucher in accordance with this clause 9.4 and for whatever reason (including but not limited to Customer or Operator availability or cancellation of any future flights by the Customer or Operator) the Customer is unable to redeem the voucher value within the twelve (12) month extension period, no further extensions will be provided and the gift voucher will be forfeited.

10. Miscellaneous
    • 10.1 If any provision of these Terms and Conditions is held to be unenforceable or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and Conditions and these Terms and Conditions will otherwise remain in full force.
    • 10.2 The provision of any Services subject to these Terms and Conditions shall be subject to the exclusive jurisdiction of the laws of the State of South Australia, Australia. The parties submit all disputes arising between them to the courts in the State of South Australia and in any court in the said state competent to hear appeals from those courts of first instance.
    • 10.3 The failure by the Operator to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Operator's right to subsequently enforce that provision.
    • 10.4 The Terms and Conditions is the entire agreement between the parties regarding the purchase of any Service and supersedes all previous negotiations, commitments and agreements about Services.