Terms & Conditions

Please read the content of these Terms & Conditions carefully as your use of it and any order you place for vouchers will be subject to them. You should print out a copy of them and any order that you place for future reference.

1. 1. GENERAL
      
      1. In these Terms and Conditions:
         • ‘CONTRACT’ means the contract between you and us for the sale and purchase of the vouchers ordered by you using our website.
         • ‘VOUCHERS’ means the hot air balloon flight voucher or vouchers you have ordered in accordance with paragraph#3.
         • ‘WORKING DAY’ means any day except a Saturday or Sunday or public or Bank Holiday in Catalonia or Spain.
         • ‘WE’, ‘US’ o ‘OUR’means MONTGOLFIÈRES DES PYRÉNÉES, SAS, trading as Barcelona Balloon Flights, a company registered in Barcelona, Spain with VAT number FR45878721265 and whose registered office is at 11, Rue du Torrent 66760 Bourg-Madame, France.
         • ‘YOU’ o ‘YOUR’ means you as the user of our website and/or the buyer of any of the vouchers and, if you give the vouchers to someone else before you receive the flight and inform us in writing that you have done so and of that person’s name, address and telephone number, that other person. The Terms and Conditions will apply to that other person.
      2. Each voucher only entitles one person to participate in the flight, or otherwise if it is mentioned on the same ticket.
      3. Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.
      4. The Contract may be cancelled by you in accordance with paragraph 13.
      5. You must be at least 18 years of age and have legal capacity to buy any vouchers from us.
      6. We reserve the right in our absolute discretion to refuse access to or change the content of our website, reject any order or terminate any account you may open with us.
      7. We may change the Terms and Conditions relating to the sale of our vouchers from time to time, although those applicable when you place your order will apply to the Contract. If we do so, we will post the changes on our website. You will be responsible for reading these Terms and Conditions each time you use this website, and your continued use of it will confirm your agreement to be bound by the terms and conditions which apply when you use the website or place any order with us.
      8. If you are not an individual, you confirm that you have full power and authority to bind any business on whose behalf you place any order.
      9. All Password Details and other information you supply on this website must be accurate and complete. We may in our absolute discretion withdraw all Password Details. Your Password Details are exclusive to you, cannot be transferred to anyone else and must be treated as strictly confidential at all times. If you become aware of any misuse of your Password Details or have any concerns regarding them, you must inform us immediately at https://www.barcelonaballoonflights.com/contact/.
   2. ORDERS
      
      1. Any order you place to buy any vouchers featured on our website is your offer to us to buy the vouchers. We may send you an email, to the email address you provide in your order, acknowledging your offer and confirming details of your order. However, that email will not be acceptance of your order.
   3. PRICE AND PAYMENT
      
      1. The price of the vouchers you order will be the price for them displayed on our website when you place your order for them. Prices include IVA, where chargeable, at the applicable current rates. However, errors may occur and incorrect prices for vouchers you have ordered may be shown on our website. We will let you know if we discover any error in the price of those vouchers and give you the option of confirming your order, at the correct price, or cancelling it. If we cannot contact you, the order will be treated as having been cancelled. If it is cancelled and you have paid for the vouchers, a full refund will be made.
      2. You must pay the purchase price for the vouchers by credit or bank transfer. If you pay by credit card, you undertake that all details that you provide to us will be correct, that the credit card used belongs to the person submitting the order and that there are sufficient funds or credit facilities to cover the sums payable. We reserve the right to obtain validation of any credit card details before accepting any order.
   4. DELIVERY
      
      1. The vouchers will be sent via email to the email address you provide when you place your order. It is your responsibility to print the vouchers and show them to the pilot on the day of your flight. The reception time of the email with the vouchers may vary and is subject to the confirmation of credit card payment or bank transfer.
   5. VOUCHER ENTITLEMENT AND VALIDITY
      
      1. The voucher will entitle you to participate in a hot air balloon flight as detailed in the table below comprising:
         • A pre-flight briefing from the pilot.
         • Approximately 1 hour’s flying time, subject to weather conditions and safety and legal compliance.
         • Champagne after the flight and an opportunity to discuss the flight with your pilot.
         • A personalized FLIGHT CERTIFICATE.
      2. You will be entitled to fly only on the days and at the times detailed against the voucher or by email at the time of confirming your flight subject to our availability. In the case of not being able to match your date and location requirements you will be offered an alternative date and location or your voucher will be subject to a validity extension to help you enjoy the flight.
      3. Your vouchers are valid for a period of 12 months from the date on which you buy them or from any other commencement date agreed between you and us. If your flight is not taken during that period, you will lose your right to take it, unless the validity period of your voucher is extended by us.
      4.  Your voucher or package is not redeemable for cash.
      5.  The face value of your voucher may not necessarily reflect the purchase price paid due to certain special offers during the year.
   6. WEATHER REFUND OR EXCHANGE OPTIONS
      
      1. All vouchers are non-refundable unless otherwise specified on the voucher.
         REFUND OPTIONS: 

          

         • Maximum Refund –You are entitled to a monetary refund if you do not fly on seven booked dates because the flights are cancelled by us or our pilot. The following conditions apply to this refund:
           – You must notify us in writing that you want a refund instead of flying, within 21 days of the date booked for the last flight attempt.
           – We will deduct a 10€ handling fee per voucher
           – We are only able to make a refund to the buyer of the vouchers unless you decide to proceed with the extension of the validity of the vouchers.
         • Partial Refund – You are entitled to a monetary refund equal to two thirds (66.7%) of the amount paid for each voucher if you do not fly on three booked dates because the flights are cancelled by us or our pilot. If you decide to take this early opt-out, the following conditions apply:
           – You must notify us in writing that you want an early opt-out instead of flying, within 21 days of the date booked for the last flight attempt.
           – We are only able to make a refund to the buyer of the vouchers unless you decide to proceed with the extension of the validity of the vouchers.
           We are not able to provide a refund or exchange if you have purchased your vouchers from someone other than us.
   7. BOOKING
      
      1. When you contact us please quote the voucher number and security code on your vouchers. As flight times vary, we will send you a flight confirmation email confirming the time you must call the flight line to confirm the weather progress, time and meeting point of your flight.
      2. The flight will start at one of the launch sites shown in your vouchers or on our website but we reserve the right to change, without notice, your booked site, time and date. Flights can be taken 1st January and 31st December each year, subject to weather conditions and any other period(s) decided by us. The pilot of the flight will decide the duration and direction of the flight and landing place, subject to safety and legal requirements.
      3. We will try to arrange for you to start your flight at your selected launch site on the date you choose. You may only fly at the times detailed for your voucher unless you pay such additional sum as we require to upgrade to a different voucher type. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our reasonable control.
      4. You must bring your vouchers with you when you come for your flight and give them to the pilot. Failure to do so will result in no flight being provided, and you will not be entitled to a refund or to re-book.
   8. CANCELLATION OR POSTPONEMENT BY YOU
      
      1. You can postpone taking your flight after you have booked by cancelling your booking up to 3 working days before the flight date provided you contact us by email or telephone before the booked date and re-book for an available date within the validity period of your vouchers. In the event that you contact us to cancel your flight for medical reasons and you do not give us at least three working days’ notice as stipulated above we may require you to supply us with such medical evidence of your inability to fly as we may request.
      2. If you are unable to take part in your flight during the validity period of the vouchers because you are pregnant, we will extend the validity period by 1 year from the baby’s due date provided that before the expiry of the validity period of your vouchers supply us with a copy of a valid document relating to your pregnancy.
      3. If you do not participate in your flight on the booked date then, unless you have postponed it in accordance with paragraph 8.1 or paragraph 8.2 and the provisions in those paragraphs concerning postponement apply, you will not be entitled to re-book or to any refund. This will not apply if you do not participate because of any cancellation or postponement under paragraph 9.
   9. CANCELLATION OR POSTPONEMENT BY US OR THE PILOT
      
      1. We or your pilot may at our or their discretion cancel your flight for any booked date or alter its time without notice because of matters beyond our or their reasonable control, for example adverse weather conditions, or for safety or legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.
      2. To check that your flight has not been delayed or cancelled, you must telephone the flight line information number given on your booking confirmation at the time the booking confirmation email specifies.
      3. Provided you have booked a flight on at least one occasion during the first 12 months of the validity period of your voucher and the flight has been postponed or cancelled by us or the pilot, we will automatically extend your validity period to be 1 year from your last cancellation.
   10. THE FLIGHT AND HEALTH AND SAFETY
       
       1. You must satisfy yourself that you are fit to participate in your flight and that you are not suffering from any illness or other medical condition or disability which might prevent you from participating or might be affected by your participation. You must take appropriate medical advice for this purpose.
       2. You must not be under the influence of alcohol or illegal drugs whilst participating in your flight. If in our or the pilot’s reasonable opinion you are under the influence, you will not be allowed to take part in or, as the case may be, continue your flight. No refund will be payable in these circumstances neither will you be able to re-book your flight.
       3. When you take part in your flight you must be at least 16 years old or, if you are less than 16 years old, you will only be allowed to participate:
          • At your pilot’s discretion.
          • If you are accompanied by a responsible adult:  You must also be at least 1,20m tall to be able to see over the balloon basket and take a safe landing position. If your pilot does not allow you to take part in these circumstances, we will refund the purchase price of your vouchers within 30 days of the date of refusal.
       4. Hot air balloon flights are potentially hazardous. You must comply with all requests from and instructions given by the pilot when participating in your flight especially any given in relation to the health and safety of yourself and others. You must also wear appropriate clothing as outlined in your booking confirmation email. Your pilot may not allow you to participate in your flight or may stop you from participating if you do not comply with his instructions or requests or fail to wear appropriate clothing or if he reasonably considers that your participation may harm you or anyone else. Your pilot may also discontinue the flight at any time if in the pilot’s opinion to continue would or might be dangerous or contrary to any health or safety legislation or rules. You will have no right to any refund or to re-book in any of these circumstances.
   11. LIABILITY
       
       1. We will not be in breach of the Contract between you and us in relation to your flight or otherwise be liable to you for any delay in performing or any failure to perform any of our obligations under the Contract if it is caused by any circumstances or event beyond our or any pilot’s reasonable control, including by way of example any strike or industrial dispute, inclement weather or failure of any equipment.
   12. TERMS AND CONDITIONS OF CONTRACT
       
       1. These Terms and Conditions contain all of the terms and conditions of the Contract between you and us in relation to the vouchers and your flight. You must satisfy yourself therefore that all statements or terms and conditions relating to the Contract on which you are relying are contained in those terms and conditions. No variations to any of these terms and conditions or any of those other documents will be valid unless agreed to in writing by us and you.
       2. If you have not received a copy of the terms and conditions before you purchased your vouchers then, unless you notify us in writing within 14 days of the purchase date of the vouchers that any of those terms and conditions is not accepted by you, you will be deemed to have accepted all of them. If you do notify us that any one or more of those terms and conditions are not accepted and you and we cannot agree how they are to be modified, you or we may elect to terminate the Contract with immediate effect by giving the other party notice in writing or by email or fax. In that case, the vouchers will no longer be valid, and, if you return them to us within 30 days of the termination date, we will reimburse the purchase price of the vouchers within 30 days of our receiving them.
   13. YOUR RIGHT OF CANCELLATION
       
       1. You have the right to cancel the Contract in respect of all [or some] of the vouchers you have agreed to buy under the Contract at any time up to the end of the fourteenth day after you receive the vouchers. As long as this is done at least 72 hours before the first scheduled date of your flight.
       2. To exercise your right of cancellation, you must give us, within the period stated in paragraph 13.1, written notice of cancellation by email to the relevant email address shown in website giving details of the vouchers (or the vouchers in respect of which the Contract is cancelled).
   14. CANCELLATION BY US
       
       1. Notwithstanding paragraph 3.1, we reserve the right to cancel the Contract between us if:
          • One or more of the vouchers you ordered was listed at an incorrect price due to a typographical error or an error in pricing information.
       2. If we do cancel your Contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for example for disappointment suffered.
   15. GOVERNING LAW AND JURISDICTION
       1. The laws of France will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the non-exclusive jurisdiction of the Courts of Perpignan.