Terms and Conditions of Sale

Revision date : January 2023

Nicolas Rodier, manager of the company BalloonRevolution-EvénementCiel, limited liability company with a capital of 20. 000 €, registered in the RCS of Tours under the number 494 443 963, and whose head office is located 7 rue de l'Ile d'Or - BP 373 - 37400 Amboise (hereinafter referred to as the "Company"), whose telephone number is 02 47 23 99 63, whose e-mail address is contact@balloonrevolution.com, and whose individual VAT number is FR 44 494 443 963 publishes a website for the online sale of tickets for hot-air balloon flights at the address http://www. balloonrevolution.com (hereinafter referred to as the "Site") for individuals and professional buyers (hereinafter referred to as the "Buyer"). The Company is approved in France by the Direction Générale de l'Aviation Civile for the public transport of passengers by order of July 18, 2011 and holds the air transport certificate n° FR.DEC.337 issued by the Direction de l'Aviation Civile DSAC-Ouest, as a passenger air carrier, the Company is also subject to the conditions stipulated in the Warsaw Convention.

The Company has taken out professional liability insurance with ALLIANZ IARD - 1 Cours Michelet - CS 351 92076 Paris-la-Défense cedex.

The Company reserves the right to modify, at any time and at its sole discretion, the present general terms and conditions of sale. The general terms and conditions in force are those present on the Site at the time the Buyer places his order. The placing of an order by the Buyer implies the irrevocable acceptance of these general conditions, which the Buyer acknowledges having read prior to placing his order.

By accepting the present general conditions of sale, the Buyer guarantees to be of legal age and to have full legal capacity to place an order on the Site.

1. Subject

The purpose of the present general terms of sale is to define the terms and conditions of sale to the Buyer, as well as the obligations of both parties.

These conditions are contracted by the buyer but the ticket can be passed on to someone else as a gift as long as we are informed. We consider that the owner of the ticket accepts our conditions of sale.

2. Entry into force / Duration

These general terms and conditions shall come into force upon the placing of the order by the Buyer and shall remain in force until the expiry of the rights and obligations of either party.

3. Hot Air Balloon tickets : description of products and services

The Buyer can order tickets for hot-air balloon flights:

  • 1. On the Company's Website
  • 2. At the Company's office, at the address : 7, rue de l'Ile d'Or - 37400 Amboise
  • 3. By telephone, at +33 (0) 2 47 23 99 63
  • 4. Through the Company's partners

The ticket will be valid for twelve (12) months from the date of issue, the flying season takes place from April the 1st to October the 31st of each year. In the event of cancellation of the flight due to weather conditions, the Buyer must select a new flight.

A minimum of three (3) flight attempts in twelve (12) months is required to qualify for a free one (1) year extension. If the Purchaser has made less than three (3) flight attempts within the twelve (12) months, the Company may extend the ticket for one (1) year at a cost of 35 euros per ticket upon written request to the Company's headquarters. The validity of the ticket will be extended for one year at no charge to any passenger who proves that his or her flight has been cancelled at least three (3) times by the Company due to bad weather conditions or any other safety reason.

All tickets issued by the company may not be resold.

Any ticket older than two (2) years is permanently expired for any reason.

Any request, for extension or otherwise, must be made before the expiration date of the ticket by written request to the Company's headquarters. After this date, the ticket will be lost.

NB: the flying season takes place from April the 1st to October the 31st in most locations. Free tickets: All free tickets cannot be extended, refunded, modified or resold.

The ticket includes:

  • 1. Travel by vehicle from the meeting point to the place of embarkation in the balloon;
  • 2. The preparation for the inflation of the balloon;
  • 3. The safety briefing;
  • 4. The balloon flight;
  • 5. Storing the balloon;
  • 6. The traditional toast of the balloonists ;
  • 7. The return to the meeting point by vehicle;
  • 8. Air transport liability insurance.

4. Order

The Buyer agrees to receive information about his order and its execution by e-mail.

4.1 Placement of the order

In order to place an order, the Buyer must follow the following steps: - The Buyer will have to proceed to the choice of the product or service wished then to click on "Reserve" then on "Continue my Order" if he wishes to validate the order or "Continue my purchases" if he wishes to add articles.

  • The Buyer must select the desired product or service and then click on “Book”.
  • On the "Passengers" page, the Buyer must fill in the following fields Civil status, surname, first name and weight of each of the purchased flight ticket holders
  • The Buyer will have to check the box if the order is a gift or not
  • Then the Buyer will have to accept the general conditions of sale by checking the box "I have read the general conditions of sale and the Warsaw Convention Conditions".
  • The Buyer then clicks on "pay a deposit" or "pay my order in full"..
  • On the "Payment" page, a summary of the order is displayed. The Buyer will then have to choose his/her payment method
  • Then the Buyer will proceed to the payment.
  • On the "Confirmation" page, the Buyer has again a summary of his order and will have the possibility to print this order.

 

For information

  • The Buyer guarantees to the Company the veracity of the information communicated when placing the order,
  • The Buyer is informed that in the event of prolonged inactivity during the connection, it is possible that the selection of the chosen flights will no longer be guaranteed. In this case, the Buyer will have to restart the process from the beginning.
  • The Buyer is informed that he/she is responsible for all telecommunication costs incurred in accessing the Internet.
  • Should an error in the Buyer's data entry lead to a delay in the delivery of the tickets ordered, The company shall in no way be held responsible.

4.2 Confirmation of the order

The Buyer will receive an email confirming the order, as an acknowledgement of receipt of the order. The confirmation of the order will be sent to the email address provided by the Buyer (subject to a valid email address), and will be considered as final validation of the order. The Buyer will not be able to go back to modify the order once the order has been confirmed by the Company by e-mail.

4.3 Delivery

The tickets will be delivered to the address given by the Buyer when placing the order. The place of delivery may be located in Metropolitan France, in the DOM, the TOM. The Buyer can opt for a delivery by email of electronic tickets, without shipping costs.

We guarantee to send your flight tickets by simple postal mail or by e-mail within minutes of your payment (subject to a valid e-mail address).

5 Withdrawal

5.1 No right of withdrawal for the sale of balloon flight tickets:

As the Company carries out a passenger transport activity, the Buyer will not have a right of withdrawal, in accordance with the provisions of 5° and 9° of the I of the article L.121-16-1 of the French Consumer Code. The contract will be considered final at the time of confirmation of the order by sending an e-mail from the Company to the Buyer.

6. Payment

The price of the services offered for sale is indicated in euros, including VAT and air transport liability insurance. The Company reserves the right to modify its rates and its partners at all times. The rate applicable to the Buyer will be the rate in force at the time of validation of the order.

Payment must be made by the Buyer using the following methods of payment: Credit card (Visa, American Express, Mastercard), Bank transfer or check, Holiday checks.

For individual customers:

  • "Gift", "Romantic" and "Destination" tickets, full payment must be made at the time of purchase of the ticket(s). Non-refundable tickets except in the event of weather cancellation with no possibility of postponement (see paragraph § 9-1).
  • "Discovery Flight" and "VIP Flight" tickets, payment of a fifty (50) percent deposit at the time of booking, the balance must be paid in full by the day of the flight.
  • For the "Romantic Discovery" and "Romantic VIP" packages, full payment must be made at the time of ticket purchase. The reservation of the accommodation is independent of the reservation of the balloon flight. In case of cancellation of the flight due to weather conditions, the night's accommodation must be used. Only the flight part can be refunded (see paragraph § 9-1).

For group customers:

  • For a minimum of ten (10) persons, the payment can be spread over time with a deposit of fifty (50) percent at the time of booking, the balance having to be paid in full at least fifteen (15) days before the flight. The final number of participants will be determined at this date and will be invoiced in full.

The validation of the order by clicking when the payment is made implies the acceptance of the general terms of sale and the renunciation to prevail oneself of one's own conditions of purchase or of other conditions. The click associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature on the whole French territory. All the data provided and the recorded validation will be worth proof of the transaction. It is up to the customer to make sure that his coordinates as well as those of his possible beneficiaries, are exact and that they allow to receive the various information of order and delivery. The order is to be carried out as soon as possible and at the latest within 72 working hours after the effective reception of the payment (unless otherwise requested by the customer). The customer will be notified by e-mail as soon as possible.

The customer is informed that in accordance with article L132-2 of the Monetary and Financial Code, the order or the commitment to pay, given by means of a payment card is irrevocable. The payment can only be stopped in the event of loss, theft or fraudulent use of the card or of the data linked to its use, or in the event of the beneficiary's receivership or judicial liquidation.

7. Disputes

Any dispute, contestation, failure to settle or difficulty of any kind relating to our services will be subject to the jurisdiction of the Courts of Tours, with the sole exception of cases subject to the rules of public order jurisdiction.

However, if necessary, according to the article R631-3 of the code of the consumption: The consumer can seize, either one of the territorially competent jurisdictions under the terms of the code of the civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or of the occurrence of the harmful fact.

7.1 Mediator

The suppliers of services related to travel, tourism, accommodation, leisure and transport have internal complaint handling structures to which customers should turn in the event of a dispute. However, when they persist, disputes arising from contracts concluded between the professional and the consumer may be the subject of optional mediation free of charge for the consumer.

How to contact a Mediator: "The consumer must seize the internal service to the company, competent for the settlement of disputes in case of disputes. In the absence of a satisfactory response or in the absence of a response within 60 days, the customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details and procedures for referral are available on its website: www.mtv.travel.

8. Flight reservation and confirmation

8.1 Flight reservation

The flight may be booked, subject to availability:

  • 1. From the shop on our website www.balloonrevolution.com
  • 2. By e-mail to contact@ballonrevolution.com
  • 3. By post, to the address 7 rue de l'Ile d'Or - BP 373 - 37400 Amboise

The Company will confirm the reservation by e-mail.

Each seat must be reserved by the Buyer. The ticket is nominative and valid for twelve (12) months from the date of issue, the flying season is from April the 1st to October the 31st of each year. During this period, the Buyer must make a minimum of three (3) flight attempts, confirmed in writing to our central reservation office. Otherwise, the ticket will be definitively lost. The validity of the ticket will be extended for one year at no charge for any passenger who proves that his/her flight has been cancelled at least three (3) times by the Company due to bad weather conditions or any other safety reason. If the Buyer has made less than three (3) flight attempts during these twelve (12) months, the Company may extend the ticket for one (1) year at a cost of 35 Euros per ticket upon written request. Any ticket older than two (2) years is permanently expired for any reason whatsoever.

8.2 Flight confirmation

The Passenger must contact the Company by telephone or e-mail, using the contact details specified on the flight ticket, in order to obtain confirmation of the time and place of the planned meeting and the feasibility of the flight according to the weather conditions. In case of weather uncertainty, the passenger will be asked to contact the Company again later.

 

Flight confirmation D -1

  • You will receive an SMS the day before the flight or the same day at the latest to confirm your appointment, depending on the weather. If you do not receive the text message, please contact us on +33 2 47 23 99 63.
  • For any confirmation required more than 2 days in advance, please contact us by e-mail only
  • Morning flight: the day before the flight between 9 am & 6 pm
  • Evening flight: on the same day between 9 am & 2 pm

Otherwise, the Passenger will be considered as not present and will not be registered on the boarding list. If the flight cannot take place, it will be postponed to another date of the customer's choice, subject to availability.

Passengers may change the date of their flight free of charge until the third day before the date of the flight (72 hours), subject to availability for the new date chosen.

After these 3 days (72 hours), any cancellation will be impossible except : - For health problems with presentation of a medical certificate - For professional problems with a certificate from the employer

9. Cancellation of a flight

9.1 Cancellation of a flight by the Company

The balloon flight is totally dependent on the weather. The Company, on the decision of its pilot, reserves the right to change the take-off site but also to cancel a flight until the moment of take-off, due to bad weather conditions, unfavourable wind directions, technical incident questioning the safety of the passengers as well as that of its pilot or if there is not a minimum of passengers registered.

The Company is not liable for any costs incurred by its customers in the event of cancellation of a flight by the Company.

If a flight is cancelled at the Company's discretion for weather or flight safety reasons, the passenger must rebook for another flight in accordance with these terms and conditions, and will not be entitled to a refund. If no other date is available, the passenger may request a refund, subject to a handling fee of twenty (20) euros per ticket (request to be made in writing before the end of the ticket's validity).

9.2 Cancellation of a flight by the passenger

  • Cancellation for individual customers: in the event of cancellation by the customer within 72 hours prior to the flight or in the event of non-attendance by the customer on the day of the flight, the ticket will be considered as having been used up.
  • Cancellation for group customers: the deposit or the tickets will be fully refunded to the customer in case of cancellation up to 45 days before the flight. If the cancellation occurs between 45 and 15 days before the flight only 50% of the value of the flight will be returned. The deposit will be definitively acquired by BalloonRévolution-EvénementCiel if the cancellation is made within 15 days before the flight.

10. Regulation on board the balloons

No one has the right to board one of the Company's hot-air balloons without a valid and nominative flight ticket. The related invoice must be paid in advance by the passenger, a third party or a partner agency.

As a passenger air carrier, BalloonRévolution-EvénementCiel is subject to the conditions stipulated in the Warsaw Convention. The pilots of BalloonRévolution-EvénementCiel are the only masters on board and, as such, they have authority over all the people on board. They have the faculty to refuse to embark or disembark any person among the passengers who could present a danger for the safety, the health or the good order of the aircraft. The tickets will then be considered consumed.

11. Flight conditions

As the flight is entirely subject to the weather, the Company does not guarantee any circuit or route. The average duration of a flight is one hour. Any flight exceeding 30 minutes is considered to have been completed. The pilot reserves the right to modify the duration, the place of departure, the time of meeting and all that concerns the flight. The missions are carried out in VFR flight (visual flight, as defined by the regulations of the Direction Générale de l'Aviation Civile). BalloonRevolution-SkyEvent is approved by the civil aviation for the public transport of passengers by order of July 18, 2011.

The passenger must bring adequate clothing and shoes adapted to the activity. Heeled shoes are forbidden. Caps are recommended. Only small personal effects are accepted on board (cameras, handbag), excluding any luggage. The Passenger has been informed of the weather conditions required for ballooning, light wind and absence of stormy conditions and accepts the constraints.

We recommend hiking clothes and flat walking shoes that are practical and provide good support and protection for the feet. The passenger will have to submit to the safety rules which are reminded to him by the Pilot before the boarding. It is strictly forbidden to smoke around and in the balloon during the inflation, flight and storage operations.

12. Restrictions

The Company is not qualified to judge the physical condition and aptitude of passengers for flight. It is the passenger's responsibility to seek advice from the appropriate authority. You may not fly if you have a serious medical condition or if you have just undergone surgery without a medical certificate certifying your good health.

The pods are not equipped with seats. The following people are not allowed to fly: - Pregnant women; - Children under the age of six or under 1.20m; - Any person under the influence of alcohol or drugs.

Children under the age of twelve (12) must be accompanied by an adult (minimum of one adult for every four (4) children). It is the responsibility of the accompanying adults to communicate the exact age of the child. Persons with disabilities must be accompanied by an able-bodied adult, as the balloons are not equipped with a door to accommodate persons with reduced mobility. Animals are not allowed on the flight.

13. Insurance

The Company is covered for passengers during their balloon flight, in accordance with the Civil Aviation Authorities, by the insurance company LLOYS'S of London, policy n°CAL 2019-30438, represented by the broker ASSUAERO and in Professional Civil Liability with the insurance company ALLIANZ IARD, represented by the broker Sébastien Labesse

The insurance costs covering passengers under the civil liability related to aircraft are included in the ticket price. Risks are covered for amounts comparable to those required by the Warsaw Convention for air transport of passengers.

Objects carried by passengers are not covered by the Company's insurance, nor is damage to clothing, or in the case of self-inflicted injury or suicide, except in the case of proven fault on the part of the Company. The Buyer should therefore be particularly careful with his/her personal belongings. However, passengers are free to take out additional insurance if they deem it necessary.

14. Subcontractors

The Company reserves the right to use subcontractors to carry out the balloon flights. All subcontractors are approved by the French Civil Aviation Authority.

15. Provisions of the French law "Informatique et Libertés" on personal data

In accordance with the French law " Informatique et Libertés " of January 6, 1978, the Buyer has the right to access, rectify and delete data concerning him/her, by sending a written request to the following address BalloonRevolution-EvénementCiel, 7 rue de l'Ile d'Or - BP 373 - 37400 Amboise.

The Company reserves the right to send to the Buyer a newsletter as well as commercial offers of the Company or will inform him of special operations organized by the Company by electronic mail sent to the address informed by the Buyer on the Site. If the Buyer no longer wishes to receive such offers, he/she may oppose them at any time by sending an e-mail to: contact@balloonrevolution.com requesting the deletion of his/her address.

The Buyer is invited to correct or update the data concerning him/her that are inaccurate, incomplete or obsolete, failing which his/her order may not be taken into account or honored within the deadlines, and the Company shall not be held liable in this respect.

16. Intellectual property

The Site and its content, including trademarks, logos, images, drawings, models, texts, photographs, graphic charts, databases are the exclusive property, full and complete, of the Company BalloonRevolution-SkyEvent. Any reproduction, representation, diffusion, exploitation, marketing, use of one of the elements present on the Site, or of all or part of the Site, is strictly prohibited.

The Buyer is forbidden any act of counterfeiting, unfair or parasitic competition towards the Company.

17. Hypertext link

The insertion of a hypertext link to the Site requires the prior written consent of the Company. In any case, the link must point only to the home page of the Site.

18. Force majeure

The Company's obligations shall be suspended in the event of force majeure, without the Buyer being able to engage the Company's liability. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the Jurisprudence of the French Courts and Tribunals: total or partial strikes, internal or external to the Company, including postal services, lockouts, bad weather, epidemics, earthquakes, fire, storms, floods, water damage, blocking of telecommunications, blocking of the Internet, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, and any other event beyond the express control of the parties preventing the normal performance of this contract.

19. Limitations of the Internet

The Buyer acknowledges having knowledge of the characteristics and limits of the Internet, the possible presence of viruses, and the possible detour of the Buyer's data due to acts of piracy, for which the Company shall not be liable. The same applies in the event of difficulties in accessing the Site or malfunctions of the Site, in particular due to acts of piracy. The Company reserves the right to interrupt services as part of maintenance operations.

20. Agreement of proof

The Buyer acknowledges and accepts that the information contained in the Company's computer systems has the same evidential value as paper documents, with regard to the placing of the order by the Buyer and the acceptance of these general conditions.

21. Independence of the provisions of the terms and conditions

If any provision of these terms and conditions is held to be invalid or unenforceable by reason of a court decision or the application of any law or regulation, the remaining provisions of these terms and conditions shall remain in full force and effect.

If these terms and conditions are translated, in case of doubt as to the interpretation or validity of the translated versions in another language, the French version shall prevail.

22. Applicable law

The present general conditions are subject to French law.

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Agréée par la direction Générale de l'Aviation Civile pour le transport public des passagers

Fédaration Française d'Aerostation DGAC Atout France CNPPA EASA