GENERAL TERMS AND CONDITIONS

Air To Air Balloon Safaris - As from August 2021

  1. Our Quoted Rates Include VAT at the CURRENT RATE of 15% and may be commissionable to approved, bona fide Travel Agents, Tour Operators, Destination Management Companies and Conference Organizers at confidential contracted percentages.
  2. If any element of the tour is cancelled by the passenger or agent, or if a participant does not arrive at the agreed location at the specified time to take up any particular element of a booking, that element will also be considered as “cancelled by the passenger” and any prepayment will be forfeited.
  3. If the flight is cancelled by us for safety reasons (such as bad weather) the flight can either be re booked dependent on the Terms and Conditions applicable to the package booked.
  4. Pilots will always endeavor to conduct flights for the full duration as published, subject to a paramount consideration for safety as well as passenger comfort and convenience, respect for the community and environment in general, but a duration of 45 minutes may be considered “about an hour”. If the flight is more than 20 minutes less than the published duration, in the interests of fair business practice, passengers may qualify for refunds or flights at a future date, as described in our “Short Flight Refund Policy”.
  5. Should any element of any tour package be postponed or cancelled, this will not affect the commitment of any party in the agreement to the supplying and charging for, or receiving and paying for, the other elements of the package on the original dates and times unless otherwise agreed in writing.
  6.  Refunds, if applicable, will only be made on irrevocably cleared effects and only via the same channels or medium as the prepayment has been made, and only to the same company, legal entity or person who effected them. Because each party in the chain of processing a booking may have individual agreements with the next, so this process is reversed in the processing of refunds unless expressly requested in writing by the prior party in that chain.
  7. Unless, a private booking for 2 people on a private flight in a 2 passenger balloon, or otherwise stated, a minimum of 4 Full Fare Paying Passengers or 4 full passenger fares, is required to justify a Flight Departure, but these can be from 4 individual sources.
  8. FLIGHTS AND SERVICES will only be considered as having been CONFIRMED by the client on our receipt of FULL PREPAYMENT (or the furnishing of the required irrevocable guarantees) either,
    8.1 On booking
    8.2 A minimum period as most recently outlined in writing or contract, unless a waiver has been given in writing by ourselves in relation to any particular booking or series of bookings.
    8.3 Additionally, Standby Flights must be reciprocally confirmed between 6 pm and 8 pm the evening prior.
  9. An Invoice will be e-mailed to the purchaser on request and the original will be mailed.
  10. ACCOUNTS must be PAID immediately on presentation unless otherwise agreed in writing.
  11. On effecting payment by a bank deposit or transfer, the client is required to urgently e-mail us a copy of the relevant transaction documentation to the address given with our banking details.
  12. The first bookings paid for, will receive precedence over others unless otherwise expressly stated in writing by us (the Supplier). The greater the delays in the client’s upkeep of any agreed payment schedule, the less precedence that client’s booking will receive over other bookings currently on file.
  13. The onus rests with the client to ensure delivery of any payment, and the client must therefore reaffirm the delivery of payment with us (the supplier) should he/she not receive acknowledgement, or relative communication from us, within 2 business days of it being effected.
  14. Overdue accounts will bear interest at the rate of two-and-a-half-per-cent per month or the legally allowed maximum as defined by the Usury Act (South Africa).
  15. Waivers, concessions or indulgences may be considered on the merit of the individual situation and will have effect only when confirmed by us (the Supplier) in writing. Any indulgence that we may grant the Client shall not constitute a waiver of any past or future rights of the Supplier.
  16. Fitness: Participants must be nimble enough to climb in and out of the 1350 mm high basket without assistance from anyone else, be able to jump unassisted from a height of 60cm and stand for the duration of the flight – (approx. one hour unless stated otherwise). If these conditions of fitness cannot be met, special conditions will apply which may allow for frail, disabled or challenged passengers.
  17. Passengers who are, at the time of the flight, pregnant will not be allowed to continue on the flight due to the nature of hot air balloon rides and safety concerns associated in events of landing or emergency situations.
  18. Children below the age of 7, or 1.3 m, will not be allowed to board the air hot balloon. Due to the nature of hot air balloon rides and safety concerns associated in events of landing or emergency situations. Under no circumstances will the carrier allow the parents or accompanying adults to take responsibility of the child in question and insist on participation of a child. It is the right of the pilot in command to refuse flight should these conditions not be met.
  19. No animals, pets, birds, are allowed on company property, vehicles and balloons except bona fide trained guide dogs.
  20. Every reasonable care to ensure accuracy has been taken in the translation of these conditions into other languages. Should any dispute of meaning or interpretation of these conditions arise when published in any other language than English, the English text and meaning will apply.

CONDITIONS FOR THE CARRIAGE

  1. The Carriage of passengers and their luggage is subject to Special Conditions and Regulations of the Carrier/s displayed for inspection at their booking offices, insofar as the Conditions and Regulations are not inconsistent with the Conditions and Provisions referred to or stated below.
  2. IMPORTANT NOTICE TO INTERNATIONAL PASSENGERS:
    "Passengers on a journey including an ultimate destination or stop in a country other than the country of departure, are advised that the Warsaw Convention may be applicable. The Warsaw Convention governs and, in most cases, limits the liability of carriers or death or personal injury and in respect of loss or damage to baggage and personal effects."
  3. In all cases in which the carriage is not governed by the said Convention, carriage is only accepted at the passenger's risk and upon the specific condition that the Carrier's servants and agents shall be under no liability for any damage of any kind whether caused or occasioned during carriage by air or in connection with auxiliary services incidental to the carriage by air or whether or not caused or occasioned by the act, omission, neglect, gross neglect or admission by default of the carrier/s, their servants or agents. The passenger hereby indemnifies the Carrier/s against any claims or claims for compensation for any damage, loss or injury whether sustained on board the aircraft or in the course of any of the operation of flight embarking or disembarking caused directly or indirectly to him or his belongings which indemnity shall extend to the passenger's dependents, estate or any person whomsoever.
  4. The Carrier/s are not obliged to accept luggage or baggage with a "special Declaration of Value".
  5. Delivery of baggage will be made to the bearer of the baggage ticket.
  6. In the event of the Conditions and Regulations stated or referred above or any part thereof relating to the exclusion of limitation of liability the Carrier/s being contrary to the law of Sate or territory in the Court of which an action is brought, the liability of the Carrier/s shall be excluded or limited insofar as the law permits, and the Carrier/s shall be entitled to the benefit of every exclusion or limitation of liability permitted by such law.
  7. Any action against the Carrier/s shall be brought only in the Court of State or territory in which the principal place of business of the Carrier/s is issued.

The CARRIER, hereby warrants that it is insured in accordance with the Regulations promulgated in terms of the AIR SERVICES LICENSING ACT; 1991 (Act No. 115 of 1990) and more specifically REGULATION 5 thereof.

PASSENGERS AND THEIR BAGGAGE

Must not contain compressed gases (aerosols, oxygen bottles), explosives (fireworks, ammunition), flammable solids or liquids (sanitizer, lighter fuel, matches), radioactive materials, oxidising material (bleach, corrosive acids, alkalis, mercury, wet cell batteries), magnetized material, poisons and infectious material, briefcases with alarm devices, medicines and toilet articles for use on board are exempt from these restrictions.