- 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” mean the hot air balloon flight voucher or vouchers you have ordered in accordance with paragraph 3;”We”, “us” or “our” means Abyssinia Ballooning, a company registered in Ethiopia, Addis Ababa. “Working day” means any day except a Sunday or public Holiday in Ethiopia. “You” or “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 referred to in paragraph 14 will apply to that other person.
- Each voucher only entitles one person to participate in the flight.
- Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.
- The Contract may be cancelled by you in accordance with paragraph.
- You must be at least 18 years of age and have legal capacity to buy any vouchers from us.
- 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.
- 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.
- 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.
- We only deliver vouchers by post to delivery addresses in mainland Ethiopia. In case you reside outside Ethiopia we will send you a voucher by e-mail and you will receive the original voucher before the flight takes place.
- 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. There will be a legally binding contract between you and us for us to sell and you to buy the vouchers referred to in your order on dispatch to you of the vouchers ordered, unless we have notified you that your order is not accepted or you have cancelled it under paragraph 15 or we have cancelled it under paragraph 9.1.
PRICE AND PAYMENT
- 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 VAT, 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. 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.
- Unless we otherwise agree in writing, all prices for vouchers shown on the website are for delivery of the vouchers to you at your address stated in your order.Residents outside Ethiopia will receive an e-voucher.
- You must pay the purchase price for the vouchers by credit or debit card, or cash. If you pay by debit or credit card, you undertake that all details that you provide to us will be correct, that the credit or debit 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 or debit card details before accepting any order.
- You will become the owner of any vouchers you order on this website when the vouchers are delivered. However, if you cancel the Contract in accordance with paragraph 15 of these Terms and Conditions, ownership of the vouchers will revert to us on the date of cancellation.
- We will deliver the vouchers to the delivery address stated in your order. Estimated delivery times are given in working days. We will use our reasonable endeavors to deliver the vouchers in accordance with those estimated delivery times but will not be liable for any loss or damage suffered by you, nor will you have any right to terminate the Contract, as a result of any reasonable or unavoidable delay in delivery.
- If you request that we deliver your voucher or vouchers by express or special delivery, all vouchers must be signed for on delivery by someone who is at least 18 years old. Extra costs will apply.
- You will become responsible for the loss or destruction of or any damage to the vouchers after they have been delivered to the delivery address in your order or to you.
VOUCHER ENTITLEMENT AND VALIDITY
- Subject to paragraph 8 and the type of voucher or package you purchase, your voucher or package will entitle you to participate in a hot air balloon flight, 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.* breakfast * Your personalized commemorative certificate *Passenger insurances * Transport back to the launch field.
- You will be entitled to fly only on any date that we offer in our flight schedule
- Your vouchers are valid for a period of 12 months
- The face value of your voucher or package may not necessarily reflect the purchase price paid due to certain special offers during the year.
- Vouchers are not refundable in case the weather doesn’t permit us to fly.
- When the weather is unsafe or of insufficient quality to fly we will offer you several new dates to re-plan your flight.
- In case these dates are not possible for you we will give you a refund of 50% of the purchase price.
- When you contact us please quote the voucher number on your vouchers. As flight times vary, we will send you a flight confirmation letter confirming the time you must call the flight line to confirm the time of your flight.If the weather is not suitable for flying you can rebook the flight to a different date free of charge.
- The flight will start at one of the launch sites shown on our website and brochure. We reserve the right to change, without notice, your booked site, time and date under paragraph 9.1. Flights can be taken between 1 January and 31 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.
- We will accept only one flight booking per voucher unless your flight is cancelled in accordance with paragraph 11 or postponed in accordance with paragraph 9.7.4 We will try to arrange for you to start your flight at your selected launch site on the date you choose. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our reasonable control.
- 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.
POSTPONEMENT OR CANCELLATION BY YOU
- If you postpone taking your flight after you have booked or you cancel your flight 7 days before the flight date we will charge 20% of the voucher price as administration cost. If you postpone within 7 days we charge 100% of the voucher.
- 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 9 months from the baby’s due date provided that before the expiry of the validity period of your vouchers you contact us in writing or by email or fax.
- 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 9.1.
CANCELLATION OR POSTPONEMENT BY US OR THE PILOT
- 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.
- 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 letter specifies. You may be advised of different times by telephone, fax or email.
- Provided you have booked a flight on at least one occasion during the initial validity period of your voucher and the flight has been postponed or cancelled by us or the pilot (9.1), we will automatically extend your validity period to be a minimum of 6 months from your last cancellation under paragraph 9.1.
THE FLIGHT AND HEALTH AND SAFETY
- 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.
- 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.
- When you take part in flight you must be at least 12 years old or, if you are less than 12 years old, you will only be allowed to participate at pilot’s discretion and if you are accompanied by a responsible adult.
- You must also be at least 4′ 6″ 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 but will have no further liability to you arising from your not having your flight.10.4 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. 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.
- 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.
- 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 voucher or merchandise sold to you, unless it is caused by our negligence.
- In particular, but without limitation, we will not be liable for any loss of or damage to your motor vehicle or any of your other property when it or you are at any launch site or are receiving your flight, unless it is caused by our negligence.
- The passenger will be required to sign a Passenger Release Form with which the passenger releases Abyssinia Ballooning from all risk involved with the balloon flight. Abyssinia Ballooning cannot be held liable for any risk such as damages to property, injury or death or any other risk.
GOVERNING LAW AND JURISDICTION
The laws of Ethiopia 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 Ethiopia
2.You may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without our prior written consent. We will be free to transfer all of our rights and/or obligations in relation to the Contract provided that does not adversely affect you.
3.If you or we do not strictly enforce our respective rights, that will not in any way affect any of your or, as the case may be, our rights in respect of the Contract.
4.Any notice or claim under the Contract must be done in writing.