Terms

TERMS & CONDITIONS
Flights are operated by ‘Balloon Team Italia S.r.l.’
Balloon Team Italia is a Italian based Commercial ballooning company.

Balloon Team Italia is duly authorized and certified by the Italian Civil Aviation Authority ENAC to operate in Italy; Commercial Balloon Flight Operator, COA n. I-148B
 
These Terms and Conditions  apply to all hot air balloon flights operated by Balloon Team Italia Srl.
Balloon Team Italia Srl is a parent company of Tuscany Ballooning Sas.

Definitions used:
You: The person who buys the hot air balloon ticket and who accept the Terms and Conditions of Balloon Team Italia.
We (our/ourselves/us): Balloon Team Italia Group
Ticket: The confirmation of flight details, including the Reservation Confirmation, as well as the conditions of contract and the Boarding Pass issued;
Art. 1: If you purchase a hot air balloon ticket you accept our Terms & Conditions.
Art. 2: Applicability
2.1 General These Terms and Conditions of Balloon Team Italia apply to all flights performed by us subject to Articles 2.2.
2.2 Overriding Laws. Should the Terms and Conditions of Balloon Team Italia or any part of them be inconsistent with any compulsory laws, which apply to our contract of carriage, those laws will apply.

Art. 3: Validity
3.1 Tickets and/or Confirmation of Reservation are not transferable and not refundable and are valid for a maximum of 2 years from issue date (unless 3.2 is applied). If your flight is not taken within that time, you will lose your entitlement to a balloon flight.
3.2 A ticket is only valid for the Passenger(s) named and the flight specified in the reservation originally made or as subsequently changed and accepted by us (Art. 3.3).
3.3 This contract is made with you but you can transfer the flight experience (on the terms of this Contract) to someone else provided you inform us in writing providing name and weight of other person. These Terms and Conditions will still apply and “you” in these terms and conditions will refer to that person.

Art. 4: Fares.
4.1 General. Fares apply only from the takeoff airfield to the landing location and subsequent ground transfer back to the takeoff location, meeting point or nearby other transport service. Fares do not include any other ground transport services.
The duration of the flight depends solely from meteorological and safety conditions during flight. Only the Pilot in command has the authority to decide the duration of the flight which is variable and not predictable. The decision of the Pilot in command is binding.
4.2 Tariffs. Fares will be calculated in accordance with our tariffs in effect on the date of your reservation for the flight concerned. Should you wish to change your flight, there may be additional payments due. article 5.2 4.3 Currency. Fares, taxes and charges are payable in the currency in which the price is published (Euro) unless otherwise agreed by us.

Art. 5 Reservations.
5.1 Reservation requirements.  A reservation for a particular flight is confirmed by the issuance of a Booking Reservation Confirmation. There is need to reconfirm a flight prior to date of flight; the evening before flight passengers must contact Tuscany Ballooning sas by telephone or email to reconfirm weather conditions, time and meeting / takeoff location.
5.2 Changes. Once the reservation is confirmed changes of Name or flight type are possible up to 2 days before flight (according to space availability). Some charges or different tariff may apply.
5.3 Payment. Fares, plus eventual taxes and charges relating to your reservation, must be paid in full upon confirmation of reservation, or balance payment the latest the morning of flight. If such sums have not been paid in full when a reservation is confirmed or before boarding, we may cancel the reservation prior to check-in and no refund will occur.
5.4 Data protection. You acknowledge that your personal data has been given to us for the following purposes: making a reservation for carriage and providing you with confirmation of that reservation, execution of trip formalities ev. including communication to competent authorities. For these purposes, you authorize us to retain and use your personal data and to transmit it to our offices.
5.5 Balloon basket space.  You agree to accept any space that may be allotted or is otherwise made available on the flight.
5.6 No refun. The Fares and credit card charges will not be refunded by us if you fail to use the basket space for which a reservation was made.

Art. 6 Passengers
6.1 Pregnant Women. We do not accept pregnant women on board.
6.2 Children. We do not accept unaccompanied minors. Minors shall be accompanied by a passenger aged 18 years of age at least or by a family member of 16 years of age at least.
6.3 Passengers with health problems. Passengers with health problems should consult their physician about possible health consequences of a balloon flight, ie. a hard landing or high altitude flight. Passengers with back problems or who have had recent surgery; Passengers with a by-pass or hearth problems should not fly.
6.4 Right to refuse carriage. We may refuse to carry you on our flights, if we determine in the exercise of our reasonable discretion that: (a) such action is necessary for safety reasons; (b) such action is necessary in order to comply with any applicable laws, regulations or provisions; (c) your current state, including the influence of alcohol or drugs, present a hazard to yourself, to other passengers or our crew; (d) obvious health condition; (e) you have committed misconduct on a previous flight; (f) you have not paid the applicable fare (g) if you’re not able to keep a correct landing position (bend knees and keep the hands on the handles). We may ask you to provide a certificate of your fitness to fly from your doctor or specialist. It is necessary that you disclose any aspect of your medical or physical condition that could be considered to affect your safety or the safety of others.

Art. 7 Conduct aboard aircraft
7.1 Should you behave aboard aircraft so as to endanger the aircraft or any person or any property, or fail to comply with any instructions of the crew, or use threatening, abusive or insulting words towards our crew or other passengers, or act in an inappropriate, threatening or insulting manner towards our crew or other passengers, we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint.
7.2 For safety and security reasons, smoking is prohibited aboard or within 50 metres of any part of the balloon.
7.3 Weapon, ammunition or dangerous goods are not allowed on board the balloons.
7.4 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 under the Air Navigation Order as to whether to allow you to take part in the flight and will refuse to allow you to do so if in his/her opinion you would be a risk to the safe conduct of the flight, to the balloon, to other passengers or to yourself. In these circumstances you will lose your entitlement to a flight.
Art. 8: “Check-in” and administrative formality
8.1 Confirmation of flight. The evening before scheduled flight passengers must contact us by telephone or email to confirm weather conditions, time and meeting / takeoff location.
8.2 “Check-in” deadlines. You must arrive at the meeting point/takeoff field sufficiently in advance of the scheduled flight departure time to permit completion of boarding procedures. Should you arrive late for the specifically agreed meeting time and/or appear not ready to travel, we may refuse to carry you and we are not liable for any losses or expenses ensuing from your failure to comply with the provisions of this Article. Should we refuse you due to your late presentation for boarding, you will not be entitled to a refund or a transfer to another flight.
8.3 Requirement for check-in. On check-in you are required to be able to present a Booking Reference (Confirmation or Ticket or Name) of your flight which you have reserved with us.

Art. 9: Damages
9.1 Personal Damage. Balloon Team Italia carries Insurance cover for any legal liability we may be found to have to you for any injury you may sustain or for damage sustained by your belongings, during the course of flight or during embarkation or disembarkation. In all cases, compensation is not due or is due to a lesser extent if the operator demonstrates that the injured passenger is responsible for the damage or contributed to by negligence, wrongful act or omission.
9.2 Personal Belongings Damage. We are not responsible for any damage caused on your personal belongings; such as mobile phones, photo camera. 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.

Art. 10 Weight. Total weight of passengers in Kg must be communicated upon reservation. Persons that exceed 105 kg special conditions or a supplement on the price may apply.
Art. 11 Choice of Law. Unless otherwise provided by any applicable Law, this contract of carriage shall be governed by Italian Law.
11.1 Choice of Jurisdiction Unless otherwise provided by any applicable Law, any dispute arising out of this contract of carriage shall be subject to the exclusive jurisdiction of the Italian courts.

Art. 12 The Offered Service
12.1 The ticket will provide the opportunity for you to participate in a hot air balloon flight experience, on the set or alternative (if applicable) date.
12.2 The experience includes a flight in a hot air balloon, Prosecco breakfast or Prosecco toast upon landing, transport from landing site to launch site if other means of transport has not been agreed upon.
12.3 The hot air balloon flight duration is of approximately 1 hour, more or less, depending on wind and weather conditions and at the pilots discretion. The pilot has absolute decisional power over the duration and conduct of flight and appropriate time and place of landing. We cannot guarantee the exact one hour duration of a flight or that the hot air balloon will follow any particular direction.
12.4 Hot air balloon flights are very dependent upon the weather and are regulated by the current 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.
Art 13. Refund. The refund will be done to the person that purchased the ticket if Art 14.3 applies
Art. 14 Cancellation.
14.1 If the Pilot has to cancel for security reasons, due to adverse wind and/or weather or technical reasons, your flight will be rescheduled to the next mutually convenient day.
14.2 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.
14.3 If there is no alternative date, in the event of final cancellation due to bad weather, there will be no charge.
14.4 You may cancel your flight with no penalty by contacting us on the phone or via email at until 5 days before your flight is booked (unless other conditions apply). Messages left on the phone, or by fax are not valid.
14.5 If you do not give notice of cancellation in accordance with clause 14.4 above or do not attend in time to take part in your booked flight, you will have lost your entitlement to a balloon flight.
Art. 15 Risk. Ballooning activities intrinsically involve the possibility of physical risks greater than those encountered in daily life, even though they are conducted under the supervision of commercial pilots who exercise all due precautions to ensure safety. By taking part in such ballooning activities passengers are understood to be fully aware of these risks.
Art. 16 Clothing. You should wear such appropriate clothing as is advised to you in advance of the flight and as further detailed in the mail that will be supplied to you
Art. 17 Balloon Team Italia reserves the right to change these terms from time to time without reference to customers.
Art. 18 You accept that Balloon Team Italia will keep your personal data confidential and for internal use only, see clause 5.4