This version is applicable to tickets that are sold from August 2023.
Terms & Conditions of the use of our website www.bruges-ballooning.com, www.brugesballooning.com and your Balloon Flight tickets.
Please read all of our Terms and Conditions carefully before you use our website as your use of it and any order you place will be subject to these.
1 GENERAL
1.1. In these Terms and Conditions:-
“Contract” means the agreement between you and us for the sale and purchase of the tickets ordered by you using our website; by purchasing a ticket on our website you underwrite a such agreement. By our sending you your e-ticket we underwrite a such agreement with you.
“Tickets or e-tickets” mean the hot air balloon flight tickets or e-tickets you have ordered; these are only issued by us and are numbered. Every e-ticket is unique and refers to a certain flight for a certain number of people on well determined dates, mentioned on that e-ticket.
“open ticket” means a ticket that can be used for any flight on any date, subject to availability. An open ticket has 1 year of validity and is not refundable.
“We”, “us” or “our” means Real Ballooning BVBA, trading as Bruges Ballooning and www.bruges-ballooning.com. Our certificate of of aerial work has number 729 and our headquarters are at Pachtgoedstraat 9, 9220 Moerzeke, Belgium. Our VAT and business number is 0471.771.178.
“You” or “your” means you as the user of our website and/or the buyer of any of the tickets and, if you give the tickets 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 referred to in paragraph 14 will apply to that other person.
“Centre of Bruges” means all the area comprised within the Ring road R30, including the R30 itself.
1.2 Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.
1.3 You must be at least 18 years of age and have legal capacity to buy any tickets from us.
1.4 We reserve the right to refuse access to or change the content of our website, or to reject any order, at our discretion.
1.5 We may change these Terms and Conditions as time goes by, 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.
1.6 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.
2 TICKET PRICE AND PAYMENT
2.1 The price of the tickets you order will be the price for them displayed on our website when you place your order for them. Prices include VAT, where chargeable, at the applicable current rates. However, errors may occur and incorrect prices for tickets you have ordered may be shown on our website. If we discover any error in the price of tickets you bought, we will 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 tickets, a full refund will be made.
2.2 You must pay the purchase price for the tickets by credit card, or by European 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.
2.3 You will become the owner of any tickets you order on this website when the tickets are delivered. However, if you cancel the Contract in accordance with paragraph 15 of these Terms and Conditions, ownership of the tickets will revert to us on the date of cancellation.
2.4 All tickets that have to be sent to any other country than Belgium, will be sent by email. All sent tickets will be regarded as received by the recipient. At clients’s request, a certain ticket can be sent again.
3 TICKET ENTITLEMENT AND VALIDITY
Your ticket will entitle you to participate in a hot air balloon flight as detailed:
3.1 Full pre-flight safety briefing from the pilot.
3.2 More than 1 hour of flying time. Under extreme circumstances, weather conditions and safety and legal compliances, flying time may be shorter. If flying time is shorter than 40′ however, 1/3 of the paid amount per ticket will be refunded.
3.3 Different drinks after the flight, and an opportunity to discuss the flight with your pilot.
3.4 Your personalised commemorative certificate.
3.5 You will be entitled to fly only on the days and at the times detailed on your ticket.
3.6 Your ticket is not redeemable for cash.
3.7 Your ticket is not personal and can be handed over the other persons.
3.8 Your ticket is valid for the flight dates mentioned on the ticket. You may choose different flight dates if our planning permits.
3.9 If we have not been able to provide you a flight on your chosen flight date nor on the spare dates you provided, mentioned on your ticket, you can choose either to postpone your flight, or to get a 100% refund, as stated in paragraph 7
4 TICKET REFUND
4.1 If you have purchased a ticket and only if we cancel all flights, that are mentioned on your ticket, including alternative slots indicated by you at the time of purchase, we will refund you 100% of the paid amount by the same payment means you completed the purchase with. This refund will be done by the same means of payment as the original incoming payment.
4.2 We are not able to provide a refund if you have purchased your tickets from a non-authorised reseller, unless you received a valid e-ticket from us.
5 PRACTICAL ARRANGEMENTS
5.1 To check that your flight has not been delayed or cancelled, you must telephone the information number given on your e-ticket at the specified time. You may be advised of different meeting times by telephone or email. If we choose to change the meeting time of one flight by 2 hours or more, you have the right to not assist to that one flight, and we will fully refund you, unless you have more availability as shown on your e-ticket.
5.2 SHOW UP. The flight will start with us picking you up from a certain spot within the centre of Bruges. This may be your place of stay in Bruges. All the area comprised within the Ring road R30, including the R30 itself, is considered as “centre”. Pick-up time will be communicated to you by telephone only, at the time of you calling us to obtain the latest information about the flight. You should be available at the meeting point, at the communicated meeting time. We cannot afford to wait as meteorological conditions may change very fast, so that a delayed take-off may jeopardize the safety of that flight. We are also bound to clearances and practical arrangements that do not permit delays. In case you do not show up at the meeting time and place, we will regard this as a not participation to the flight.
The pilot of the flight will decide the duration and direction of the flight and landing place, subject to safety and legal requirements.
5.3 If you do not participate in your flight on the booked date then, unless you have postponed it in accordance with paragraph 6.1, you will not be entitled to re-book or to any refund.
5.4 After the flight, we will take you back to the centre of Bruges, or as the case may be, to your place of stay.
5.5 The duration of the complete event is dependant on many circumstances. The standard duration is 3 hours, but weather, unforeseen difficulties upon landing (e.g. difficult access to terrain) may prolong the activity. We cannot be held accountable for any damage that would result in your late return to Bruges. However we will do everything it takes to ensure your swift return to Bruges’ centre.
5.6 CANCELING: 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.
5.7 If your flight, and all flights on the on your e-ticket mentioned alternative available slots, are cancelled under paragraph 5.5 you can either re-book for another flight within our possibilities and as long as our planning permits, or request the full refund of your paid price for that flight. If it is not possible to take your flight during that period, we will extend it for such further period as we in our reasonable discretion decide.
6 POSTPONEMENT BY YOU
You can easily postpone taking your flight after you have booked it only if you contact us to do so by giving us at least 10 working days notice in writing or by email before the booked date and re-book for an available date.
7 THE FLIGHT AND HEALTH AND SAFETY
7.1 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.
7.2 If you are pregnant and want to participate in the flight, you must show a doctor’s note stating that you are fit to do so. Without this, the pilot has the right to refuse you on that flight.
7.3 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 nor will you be able to re-book your flight.
7.4 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 and if you are accompanied by a responsible adult.
7.5 You must also be at least 110 cm 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 tickets within 30 days of the date of refusal but will have no further liability to you arising from your not having your flight.
7.6 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 e-ticket confirmation mail. 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.
7.7 If the flight has to be cut short because your pilot refuses to allow you to continue with your flight under paragraph 7.6, you must immediately vacate the balloon on landing. We will have no liability to you in relation to that refusal, and you will be liable for any loss, damage, cost, expense or liability we incur arising from the curtailment of the flight. That will include any liability we incur to any other passengers on the flight arising from the curtailment, including the cost and loss of providing them with another hot air balloon flight free of charge.
8 LIABILITY
8.1 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.
8.2 To the fullest extent permitted by law, we will not be liable in any way (including for breach of contract) for any financial loss, liability, damage, costs or expenses arising directly in the natural and ordinary course or indirectly from or in connection with the Contract or the ticket sold to you, unless it is caused by our negligence.
8.3 In the interests of safety, you undertake to follow the instruction of the pilot and ground crew, comply with any local codes of conduct and act sensibly and prudently at all times. You also agree to indemnify us for all loses and/or damage arising from any act or default on your part or the part of a member of your party. Under no circumstances at any time during the ballooning activity, you or a member of your party be under the influence of drugs or alcohol, nor should you take medication that could effect or impair your judgment at this time.
8.4 Check with your medical practitioner if you have a pre-existing medical condition that may be affected by the physical nature of hot air ballooning. You agree to indemnify us against any incident related to your health occurring during or after the balloon flight.
8.5 If you are pregnant, you are obliged to tell us before the flight. We may choose not fly pregnant ladies, the disabled, or people recovering from major operations.See 7.2 as well.
8.6 Personal belongings are taken at your own risk.
8.7 Ballooning is an outdoor adventure activity, We cannot be held liable for damage to clothing.
8.8 We carry Air Carriers Liability Insurance up to € 6,000,000 combined single limit legal liability.
9 TERMS AND CONDITIONS OF CONTRACT
9.1 These Terms and Conditions contain all of the terms and conditions of the Contract between you and us in relation to the tickets 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 these terms and conditions. No exceptional terms and conditions will be valid unless agreed to in writing by us and you.
9.2 If you have made an on-line booking, you will be deemed to have accepted all of these terms and conditions. If you find out, after receiving your ticket, that you cannot agree, you should write us within 5 days after your receiving the ticket and we will try to agree on exceptional terms and conditions of executing the contract. If we cannot agree, your right to cancellation as in paragraph 10 is applicable.
10 YOUR RIGHT OF CANCELLATION
10.1 You have the right to cancel the Contract in respect of any tickets you have agreed to buy under the Contract at any time up to the end of the 7th working day after issuing your ticket. The date of issue is that date of us sending you the ticket. If the flight is closer than 7 days after your receiving the ticket, the terms in paragraphs 10.1.2 tot 10.1.4 apply.
10.2 If you wish to cancel your flight, 20 days or more before the first date of flight, as listed on your ticket, we will refund you the paid amount less € 20,00 per person on the ticket.
10.3 If you wish to cancel your flight, 7 days or more, but less than 20 days before the first date of flight, as listed on your ticket, we will refund you the paid amount less € 40,00 per person on the ticket.
10.4 If you wish to cancel your flight, less than 7 days before the first date of flight, as listed on your ticket, there is no refund.
10.5 To exercise your right of cancellation, you must give us, within the period stated in paragraph 15.1, written notice of cancellation by delivering it at or sending it by post or email to the relevant address or email address shown in http://www.bruges-ballooning.com/en/contact stating your wish to cancel with the numbers of the tickets and your name.
10.6 If you do not wish to cancel, but only change dates, or switch your e-ticket for an open ticket (validity one year), you can do so without any costs, by contacting us by post or email to the relevant address or email address shown in http://www.bruges-ballooning.com/en/contact.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the Contract between us if:
11.1.1 We have insufficient demand for that certain flight where the contract refers to, to make this flight economically viable.
11.1.2 We feel that weather conditions are not favourable to ensure a good quality flight, within all safety standards with regards to take-off and landing, as well as in-flight conditions.
11.2 If we do cancel your Contract we will notify you by email or telephone, if closer than 48hours before the flight. No costs will have to be paid by you, and any already paid amounts will be refunded within 5 days. We will not be obliged to offer any additional compensation for example for disappointment suffered.
12 GOVERNING LAW AND JURISDICTION
The laws of Belgium will apply to the contract and all claims and legal proceedings arising in connection with it will be subject to the exclusive jurisdiction of the Court of Dendermonde.
13 INTELLECTUAL PROPERTY WEBSITE
13.1 All copyright and other intellectual property rights in or relating to the design of this website and its contents and all materials made available as part of your use of this website will continue to belong to us or, as appropriate, the third parties who licence us to use them. You are only allowed to use this website and its contents and those materials as expressly authorised by us or those third parties.
13.2 The contents of and the materials available through this website may only be used by you for your personal use in connection with your use of this site, and you may not copy, reproduce or commercially exploit any such materials or contents, although you may download such materials or contents strictly for the purpose of your use of this website.
13.3 You must not use our website for any unlawful purpose or activity.
14 MISCELLANEOUS
14.1 These Terms and Conditions, together with our current website prices, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the tickets to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any tickets offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14.2 The provisions of the Contract are all separately applicable, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction that will not affect the other provisions or the remainder of the relevant provision.
14.3 Our not strictly enforcing of our respective rights, will not in any way affect our rights, or your rights, in respect of the Contract.
14.4 Any complaint or claim must be in writing to Real Ballooning, Pachtgoedstraat 9, 9220 MOERZEKE, Belgium.