Terms & Conditions

TERMS AND CONDITIONS

THE INTERNATIONAL BALLOON FLIGHT COMPANY (AUSTRALIA) PTY LTD ACN 094 948 919 TRADING AS BALLOON ALOFT, BYRON BAY BALLOONING OR HUNTER VALLEY BALLOONING 

1. Definitions 

In these Terms and Conditions:

1. Accessible Ticket means an Accessible Flexi Ticket or an Accessible Flight Voucher;
2. Associated Services means any ancillary services provided, or to be provided to the Passenger in connection with a Flight, including breakfast and accommodation packages;
3. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
4. Balloon Aloftmeans The International Balloon Flight Company (Australia) Pty Ltd ACN 094 948 919 trading as: 

   1. Balloon Aloft;

   2. Byron Bay Ballooning; or

   3. Hunter Valley Ballooning;

5. Booking means one or more Tickets purchased at the same time for one scheduled Flight date;
6. Corporate or Large Group Passenger Booking means a corporate group Booking or a group Booking of eight or more people; 
7. Customer means the person who makes a Booking or is otherwise named in a confirmation of Booking issued by Balloon Aloft as the purchaser of the Services;
8. Gift Voucher means an open-dated voucher issued by Balloon Aloft, which may be redeemed by the authorised holder for a Flight during its validity period;
9. Government Authority means any Federal, State or local government (including any local council), and any agency, department, directorate or instrumentality of any of them, including any independent regulator deriving power from statute;
10. Individual or Small Group Passenger Booking means an individual Booking or a group Booking of seven or less people;
11. Flight means the hot air balloon flight to be provided by Balloon Aloft and includes flight preparation activities, take-off, flight, landing and pack-up;
12. Partial Cancellation means a cancellation of less than all Passengers in a Booking;
13. Passenger means a person holding a Ticket and, where relevant, includes the Customer or a replacement passenger nominated under clause 4.8;
14. Passenger Details means information about a Passenger provided to Balloon Aloft, whether in the Booking process or otherwise;
15. Pilot means the pilot of a Flight;
16. Responsible Adult means a parent, legal guardian or person with parental responsibility for a Passenger under the age of 18 years;
17. Services means the provision of a Flight and transportation of the Passenger in any motor vehicle operated by Balloon Aloft in connection with the Flight, and unless the context requires otherwise, includes Associated Services; 
18. Terms and Conditions means these terms and conditions; and
19. Ticket means a ticket or voucher for a Flight.

2. Application of these Terms and Conditions

2.1 The Terms and Conditions govern all Services supplied by Balloon Aloft. The purchase of the Services by, or on behalf of, the Customer is conclusive evidence of the Customer’s acceptance that the Terms and Conditions apply and are binding on the Customer.

2.2 Certain statutory guarantees and warranties apply to the supply of goods or services provided to a person as a consumer, including under the Australian Consumer Law. The nature and application of these guarantees or warranties will depend on the circumstances.  Nothing in these Terms and Conditions excludes or restricts the application of such consumer laws, and these Terms and Conditions must be read down to the extent necessary for compliance with any law including consumer laws.  

2.3 Any reference in these Terms and Conditions to a Ticket being non-refundable must be read subject to clause 2.2, clause 5.4 and clause 7.6.

2.4 The Customer is responsible for ensuring that each Passenger, or person holding a Gift Voucher, in its Booking is made fully aware of, and complies with, these Terms and Conditions.

3. Tickets

3.1 Balloon Aloft offers the following Ticket types:

3.2 Each Ticket type is subject to specific conditions regarding rescheduling or cancellation by the Customer as set out in clause 4.

3.3 Each Passenger on a Flight must hold a valid Ticket. 

3.4 A Ticket is valid only when issued to the Customer and until the expiry date set out on the relevant Ticket and is issued subject to these Terms and Conditions. 

3.5 Subject to clauses 3.6 and 7.5, the expiry date for a Ticket is:

1. for a Flight Voucher, a VIP Exclusive Ticket or a Flexi Ticket, three (3) years from the original scheduled Flight date ; and 

2. for a Gift Voucher, three (3) years from the date of purchase, unless stated otherwise on the Ticket.

3.6 Unless otherwise stated on the Ticket, a six-month extension to the expiry date is available for a fee of $75 per Ticket. The extension must be requested, and the fee paid, not later than one (1) month before the original expiry date of Ticket.  Subject to clause 7.5, no further extensions will be permitted beyond this period. 

3.7 A Flight Voucher, Flexi Ticket or VIP Exclusive Ticket may be transferred to another person with the written permission of the Customer.

3.8 A Gift Voucher may be transferred to another person with the written permission of the person named on the Gift Voucher.

3.9 An Accessible Ticket may be transferred to another person with the written permission of the Customer provided that if the person to whom the Ticket is transferred does not have limited mobility:

1. the Customer must notify Balloon Aloft; and

2. Balloon Aloft may replace the Accessible Ticket with a Flight Voucher or a Flexi Ticket.
   
   

4. Cancellations by the Customer, Alterations and Failure to Show

4.1 To the maximum extent permitted by law, Gift Vouchers and Flight Vouchers are non-refundable, including, subject to clauses 5.4 and 7.6 in the event of cancellation by Balloon Aloft in accordance with clause 7. Refunds may be available for Flexi Tickets and VIP Exclusive Tickets as set out in clauses 4.2, 4.3 and 4.4 and clause 7. Rescheduling may be available in certain circumstances and subject to certain conditions, as set out in clauses 4.5 and 4.6.

4.2 If a Customer cancels an Individual or Small Group Passenger Booking for a Flexi Ticket or VIP Exclusive Ticket:

1. within 72 hours of the scheduled Flight, they will not be eligible for a refund; or

2. more than 72 hours prior to the scheduled Flight, a refund of the Ticket price will be provided to the Customer with the prescribed cancellation fee deducted, as set out in the following table:

Notice Period	Cancellation Fee
Between 72 hours and 7 days prior to the scheduled Flight	$25 per Passenger
More than 7 days prior to the scheduled Flight	$25 per Booking

4.3 If a Customer cancels a Corporate or Large Group Passenger Booking for a Flexi Ticket or a VIP Exclusive Ticket:

1. within 14 days of the scheduled Flight, they will not be eligible for a refund; or

2. more than 14 days prior to the scheduled Flight, a refund of the Ticket price will be provided to the Customer with the prescribed cancellation fee deducted, as set out in the following table:

Notice Period	Cancellation Fee
Between 14 days and 21 days prior to the scheduled Flight	$25 per Passenger
More than 21 days prior to the scheduled Flight	$50 per Booking

4.4 For a Partial Cancellation of a Flexi Ticket or a VIP Exclusive Ticket, the cancellation fee to be deducted will be:

1. for a per Passenger cancellation fee, the per Passenger amount for each cancelled Passenger; and

2. for a per Booking cancellation fee, the per Booking fee for each separately notified cancellation of one or more Passengers, as set out in clauses 4.2 or 4.3 above.

4.5 A Flight date may be rescheduled by the Customer, regardless of the type of Ticket purchased, as follows:

1. for Individual or Small Group Passenger Bookings:

2. for Corporate or Large Group Passenger Bookings:

4.6 Rescheduling is subject to the availability of alternate Flights.

4.7 The Customer acknowledges that under no circumstances will a Ticket be refunded or a Flight date rescheduled if the Customer or any Passenger fails to show on the day of their scheduled Flight prior to the designated arrival time, including as a result of illness, compliance with an obligation to self-isolate, the imposition of a lock-down order or travel restrictions by any Government Authority on, or affecting, the Passenger in any manner or any other misadventure.  

4.8 Subject to clause 4.9, if a Passenger is unwell or otherwise unavailable for their Flight for any reason, the Passenger may send a replacement passenger in their place, so long as Balloon Aloft is notified of the name and estimated weight of the replacement passenger as soon as practicable prior to the scheduled Flight.

4.9 A notification of change of Passenger under clause 4.8 must be confirmed:

1. for a Flight Voucher or a Flexi Ticket, by the Customer in accordance with clause 3.7; or 

2. for a Gift Voucher, by the person named on the Gift Voucher in accordance with clause 3.8.

5. Gift Vouchers

5.1 Gift Vouchers are valid for three (3) years from the date of purchase and the Passenger must fly within that period unless:

1. the expiry date is extended in accordance with clause 3.6 or 7.5; or

2. the price of the Gift Voucher is discounted, in which case the expiry date will be the date stated on the Gift Voucher.

5.2 A Passenger holding a Gift Voucher must book a specific Flight.  Flight bookings are subject to availability. 

5.3 Balloon Aloft strongly recommends that Bookings be made well in advance of the Gift Voucher expiry date as it may take several attempts to fly before a successful Flight is achieved.

5.4 Gift Vouchers are subject to a 14 day ‘cooling off’ period from the date of purchase.  During this period, the purchaser of a Gift Voucher may cancel the Gift Voucher and obtain a refund of the purchase price provided that no Flight has been booked.

6. Accessible Tickets

6.1 All Accessible Tickets are subject to Flight availability.  Balloon Aloft is able to issue a limited number of Accessible Tickets for Passengers with limited mobility for selected Flights.  As not all of Balloon Aloft’s equipment is capable of accommodating limited mobility Passengers, Accessible Tickets are not available for every Flight. 

6.2 On Flights capable of accommodating Passengers with limited mobility, the number of Accessible Tickets will be restricted for the safety and comfort of all Passengers.

6.3 While Balloon Aloft’s pilot and crew will provide such assistance to each Passenger as they are reasonably able to, their primary focus is on ensuring the safety and comfort of all Passengers on the Flight. Accordingly, each Passenger holding an Accessible Ticket must be able to support themselves for the duration of the Flight, including for the purpose of entering and exiting the basket of the balloon, or be accompanied by a carer or support team, who each holds a valid Ticket for the Flight and who is willing and able to provide all required assistance to the Passenger.  

6.4 Except where expressly stated to the contrary, all of these Terms and Conditions apply to a Passenger holding an Accessible Ticket, and unless the context requires otherwise:

1. all Terms and Conditions applicable to Flight Vouchers apply to Accessible Flight Vouchers; and

2. all Terms and Conditions applicable to Flexi Tickets apply to Accessible Flexi Tickets.

7. Cancellation by Balloon Aloft

7.1 The Customer acknowledges that hot air ballooning is weather dependent. If Balloon Aloft considers, in its sole discretion, that weather conditions are unsuitable or unsafe to proceed, it may cancel a scheduled Flight at any time prior to launch.

7.2 Balloon Aloft may also cancel a scheduled Flight: 

1. in its sole discretion, due to lack of staff, mechanical issues, less than minimum Flight numbers being achieved or the existence of any other condition which may pose a risk to the safety of any person or property; or

2. to comply with any law or any order, directive, restriction, prohibition or regulation issued by any Government Authority.

7.3 The Customer is responsible for confirming if a scheduled Flight will proceed by following the check-in procedures, as set out in the Booking documentation. 

7.4 Balloon Aloft will use reasonable endeavours to notify the Customer as soon as reasonably practicable of any cancellation of a Flight which occurs after the check-in time stated in the Booking documentation using the Customer’s contact details provided in the Booking. 

7.5 If a scheduled Flight is cancelled by Balloon Aloft in accordance with clause 7.1 or 7.2, the expiry date identified on the relevant Ticket or Gift Voucher will automatically be extended: 

1. in the case of a cancellation under clause 7.1 or 7.2(a), by a period of one (1) month; or

2. in the case of a cancellation under clause 7.2(b), until one month after the later of: 

   1. the date from which Balloon Aloft reasonably determines that the law, order, directive, restriction, prohibition or regulation ceases to prevent Balloon Aloft from undertaking the Services; and

   2. the expiry date identified on the relevant Ticket or Gift Voucher, or until such later date as Balloon Aloft may notify the Customer in writing, and:

3. a Passenger holding a Flight Voucher or Gift Voucher must reschedule their Booking for a new Flight and complete the Flight within this extended period; and

4. a Passenger holding a Flexi Ticket or a VIP Exclusive Ticket may, before the end of this extended period:

   1. reschedule their Booking for a new Flight to be completed during this extended period; or

   2. cancel their Booking and obtain a refund.

7.6 If Balloon Aloft cancels a Passenger’s Flight under clause 7.1 or 7.2 on four or more occasions and the Passenger holds a Flight Voucher, Balloon Aloft will issue a refund to the Customer on request.

7.7 The cancellation of a Flight under clause 7.1 or 7.2 or the rescheduling or cancellation of a Booking under clauses 7.5(c) or 7.5(d) does not affect the application of these Terms and Conditions. In particular:

1. except as otherwise required by law and subject to clause 7.6, Flight Vouchers and Gift Vouchers remain non-refundable; and

2. the Terms and Conditions, including clauses 4 and 7, apply to any rescheduled Flight.

7.8 The Pilot may terminate a flight at any time if they determine, in their absolute discretion, that there is, or there is reasonably likely to be:

1. an adverse change in the weather conditions;

2. an onboard emergency;

3. a risk of material damage to the balloon or any other property;

4. any other circumstance presenting a risk to the safety of Passengers, Balloon Aloft personnel or any other person.

7.9 If a Flight is terminated after take-off and the total duration of the Flight is 39 minutes or less (as determined by Balloon Aloft), the Flight will be deemed incomplete and the Passenger will be entitled to reschedule their Flight, regardless of the type of Ticket purchased. The rescheduled Flight is non-transferable to any other person. To the maximum extent permitted by law, the Passenger will not be entitled to any refund for the terminated flight. Rescheduling is subject to Flight availability and must be taken within: 

1. the original validity period of the Ticket; or

2. 30 days after the termination of the Flight,

whichever expires later.

7.10 If a Flight is rescheduled in accordance with clause 7.9, the Passenger acknowledges that any Associated Services already received by the Passenger in connection with the terminated flight will not be re-supplied to the Passenger. 

7.11 Balloon Aloft will not be liable for any direct or indirect costs incurred by the Customer or any Passenger in relation to the cancellation or termination of a Flight in accordance with this clause 7, including any travel, accommodation or other expenses incurred by any Customer or Passenger or the inability of the Passenger to book a suitable replacement Flight. Balloon Aloft recommends that each Passenger take out suitable travel insurance to cover the risk of cancellation.

8. Customer Responsibilities

8.1 The Customer and each Passenger acknowledges that it is responsible for:

1. making as many attempts as is necessary to undertake a Flight prior to the expiry of their Ticket;

2. ensuring they have received their Booking documentation (Booking Confirmation) prior to the Flight date and that all details in the Booking Confirmation are accurate, including Passenger details, contact details, the Flight date and the Flight location;

3. complying with the check-in procedures set out in the Booking Confirmation prior to the flight;

4. taking out suitable travel insurance (if required);

5. following the instructions of the Pilot and ground crew, complying with any local codes of conduct and acting sensibly and prudently at all times;

6. not being under the influence of drugs or alcohol during the Flight or taking any medication that could impair their judgement during the Flight;

7. ensuring they do not fly if they are pregnant or have any pre-existing medical conditions that may be detrimentally affected by hot air ballooning or which may pose a risk to other Passengers or Balloon Aloft personnel; and 

8. any personal belongings brought on the Flight, including cameras, phones, clothing or attire. 

8.2 The Customer must use all reasonable endeavours to: 

1. ensure that all Passenger Details provided to Balloon Aloft about each Passenger in the Booking process are accurate and complete; and

2. notify, or ensure that the relevant Passenger notifies, Balloon Aloft of any changes to Passenger Details of any Passenger between the time of Booking and the Flight.

8.3 To the maximum extent permitted by law, Balloon Aloft will not be responsible for the consequences of any failure or delay by the Customer or a Passenger in performing their obligations under these Terms and Conditions.

9 Liability 

9.1 This clause 9 must be read subject to clause 2.2.

9.2 The Customer and each Passenger acknowledges and agrees that Balloon Aloft will not be liable for, and the Customer and each Passenger waives any right it has to claim, any loss not arising naturally according to the usual course of things, damages for disappointment, any loss of income, loss of profit or anticipated savings arising under or in connection with the supply of Services, whether in contract, tort (including negligence), under statute, in equity or otherwise.

9.3 Balloon Aloft will not be liable to the Customer or any Passenger, or their personal representatives or dependants for any illness, personal injury or death which occurs in connection with a failure to comply with the statutory consumer guarantees contained in the Australian Consumer Law , being guarantees as to performance of the services with due care and skill, fitness for purpose of the services and time for performing the supply. This exclusion of liability will not apply to the extent that Balloon Aloft was reckless in performing the Services.

10. Insurance and Licencing

10.1 Balloon Aloft holds compulsory carriers’ liability insurance for personal injury liability of up to $925,000 per Passenger and third party liability insurance of at least $5,000,000 for any one event.

10.2 Balloon Aloft holds Air Operators Certificate S572815-08 issued by the Civil Aviation Safety Authority.


11. Privacy

Balloon Aloft will deal with personal information in accordance with its published privacy policy. This policy is available on request or on Balloon Aloft’s website.

12. Safety and boarding restrictions

12.1 Balloon Aloft must comply with the Civil Aviation and Safety Authority (CASA) regulations, as well as its own internal Balloon Aloft operations manual. 

12.2 Unless a Passenger holds an Accessible Ticket, Balloon Aloft will not fly any Passenger who is unable to embark or disembark the balloon basket unassisted. The balloon basket is approximately 1.2 metres high, with two footholds for use when climbing into the basket. Balloon Aloft staff will be in attendance to supervise Passengers climbing into the basket but may not assist anyone to enter the basket.

12.3 The Customer acknowledges that, except for Passengers holding an Accessible Ticket, there are no wheelchair facilities available for the duration of the supply of Services and no aids such as seats, walkers, sticks or crutches permitted in the balloon basket.  Balloon Aloft recommends that any person with a medical condition consult their doctor prior to participating in a Flight. Balloon Aloft may refuse to fly any Passenger whom it considers, in its sole discretion, will be unable to stand unaided for the duration of a Flight, unless the Passenger holds an Accessible Ticket.

12.4 Balloon Aloft will not knowingly fly any Passenger who is pregnant. Flight landings may be rough, and the balloon basket may be dragged on its side for several metres. Balloon Aloft will not be liable for any claim, loss or damage for any injury caused to a pregnant Passenger arising from or in connection with the supply of Services.

12.5 Balloon Aloft will not fly any Passenger:

1. younger than seven (7) years of age; or

2. not tall enough to see out of the balloon basket without assistance. The balloon basket is approximately 1.2 metres high. For the avoidance of doubt, no person may be lifted or held off the floor of the balloon basket during the Flight.  

12.6 A Passenger aged under 16 years of age must be accompanied by a paying Responsible Adult Passenger on the Flight.

12.7 Subject to the above boarding restrictions, a Passenger between 16 or 17 years of age may fly without a Responsible Adult Passenger, subject to a Responsible Adult signing a waiver on their behalf prior to the Flight.

12.8 The Pilot may, in their sole discretion, refuse to board a Passenger, including a Passenger holding an Accessibility Ticket, if they reasonably believe the Passenger presents a risk to the safety of any person or enjoyment of the Flight by any Passenger or does not otherwise meet all of the requirements set out in this clause 12. 

12.9 Balloon Aloft reserves the right to deny boarding of any Passenger who does not provide a duly executed waiver in accordance with clause 14.

12.10 To the maximum extent permitted by law, Balloon Aloft will not give any refund, permit any rescheduling of the Booking or otherwise be liable for any direct or indirect costs incurred by the Customer or any Passenger in connection with a refusal to board a Passenger in accordance with this clause 12.

13. Photographs, filming and media

13.1 Balloon Aloft may take photographs or videos during the Flight for promotional purposes or for purchase by Passengers after the Flight. Photographs taken during the Flight may be viewed, and are available for purchase, on the Balloon Aloft website.

13.2 The Customer and each Passenger acknowledges that Balloon Aloft may use any media obtained during the Flight in any form and for any commercial purpose, including advertising, social media or promotions, without obtaining their prior consent. 

13.3 Although all images which appear on the Balloon Aloft website are genuine images of Balloon Aloft flights, they are for illustrative purposes only and may not be an exact representation of the Services to be provided, as individual Flight experiences may vary. 

14. Waiver form

14.1 Balloon Aloft requires each Passenger to sign a waiver prior to the supply of Services. The waiver document will form part of each Passenger’s contract with Balloon Aloft. This document is available on request or on Balloon Aloft’s website. 

14.2 A Responsible Adult will also be required to sign a waiver on behalf of each accompanying person under the age of 18 years.

15. Subcontracting and Assignment

15. Balloon Aloft reserves the right to subcontract any part of the supply of Services without the Customer’s consent. Any subcontractor appointed by Balloon Aloft will have the benefit of these Terms and Conditions.

15.2 Balloon Aloft may assign its rights or novate its rights or obligations under these Terms and Conditions (in whole or in part) to any person without the consent of the Customer.

16. Governing Law and Jurisdiction

The Terms and Conditions will be governed by and construed in accordance with the laws in force in the State of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.