Terms and conditions
Hot-R ballooning with their registered office in Barneveld
Chamber of Commerce central Gelderland 55059120.
ARTICLE 1. DEFINITIONS
CLIENT the natural or legal person with whom Hot-R ballooning has made an agreement. Contract terms are those contained in or attached to the voucher, which refer to some of these general conditions of carriage and to notices.
PASSENGER is any person, with the exception of crew members, who is or will be carried in a hot air balloon with the consent of the carrier.
FARE CONDITIONS are the arrangements and conditions applicable to a particular normal or special fare as determined by the Carrier or the Conditions of Carriage
VOUCHER is the document entitled "Boarding pass" issued by or on behalf of the carrier and of which certain conditions of the agreement, communications form part.
TRANSPORT is the carriage of passengers and/or baggage by hot air balloon, free of charge or against payment, including related transport services.
CARRIER includes Hot-R ballooning and the air carrier, other than Hot-R ballooning issuing the voucher and all air carriers that carry or undertake to carry the passenger under that voucher, or undertake to provide other services relating to such carriage. The context of these conditions indicates which carrier(s) is meant.
ARTICLE 2. SCOPE
(a) These conditions are the conditions of carriage of Hot-R ballooning referred to in the voucher. The conditions of carriage apply to passengers who are ballooning, on the basis of a voucher on which Hot-R ballooning is indicated as the carrier. They apply to all carriage of passengers and baggage and to the provision of services provided by the carrier against payment. Unless otherwise agreed, these terms and conditions also apply to free transport. These conditions take precedence over the "Terms of the Agreement" in the voucher. Carriage at special rates may also be subject to special conditions and/or fare conditions which take precedence over these conditions of carriage. The general conditions of carriage apply unless one or more of these provisions are declared inapplicable or amended in writing for a particular case.
(b) If the client has also referred to his General Terms and Conditions when concluding the agreement, these terms and conditions prevail over those of the client. All carriage is subject to the carrier's general conditions of carriage and fare conditions in force on the day on which the voucher is issued or, if this day cannot be determined, on the day of commencement of carriage as indicated on the voucher.
ARTICLE 3. VOUCHERS
- Voucher beginning of proof of contract of carriage: The voucher constitutes the beginning of proof of the contract of carriage between the carrier and the passenger whose name appears on the voucher.
- Conditions for valid vouchers: A voucher will only be issued after payment of the applicable fare or after a payment arrangement established by the carrier has been fulfilled. Entitlement to transport only exists on presentation of a valid voucher. Furthermore, there is no claim to transport if the voucher shown is damaged or shows changes that have not been made by Hot-R ballooning or its authorized agent.
- Irregularities in vouchers; lost or stolen vouchers: In the event of loss, theft or total or partial damage to a voucher, the passenger who nevertheless wishes to make the journey is obliged to purchase a new voucher. However, the Carrier may decide to replace such a voucher by issuing a new voucher.
- Voucher not transferable: A voucher is not transferable. If a voucher is presented by someone other than the person entitled to obtain transport or a refund, the carrier shall not be liable to this person entitled if the transport or refund was provided in good faith to the person who presented the voucher. Carrier shall have the right to require a passenger to identify himself.
- Validity period: A voucher issued at the normal fare entitles a balloon flight and is valid for a period of five years from the date of issue or a voucher issued at a special fare is valid only for the period and subject to the conditions indicated by carrier in its fare conditions.
- Extension of validity: If a passenger is prevented from travelling within the validity period of the voucher because carrier:
(a) is unable to provide space on the voyage at the time the passenger requests a reservation;
(b) cancels the voyage on which the passenger has a reservation;
(c) is unable to offer the reserved and already confirmed seat, the validity of that passenger's voucher will be extended until the carrier's next voyage on which a seat is available for the passenger.
- Issue of vouchers: The vouchers must be handed over to Hot-R ballooning before the start of the cruise.
- Service: Each voucher will be accepted for a flight on the date and for the arrangement for which has been booked. If a voucher have been issued without containing a reservation, a place will be reserved on request, with due observance of the ticket price and the availability of space on the relevant balloon flight.
- Booking Conditions
(a) Reservations are not confirmed until they are registered as "accepted" in the reservation system of carrier or its authorized agent.
(b) Special fares may be subject to conditions that limit or exclude the passenger's right to change or cancel reservations.
(c) order confirmation: If a written order confirmation should deviate from the order discussed and given orally with the client, the client is deemed to agree with the deviation if he has not informed us within five working days after the date of the order confirmation not to agree with the deviation.
- Deadline for issuing vouchers: If a passenger has not insured the acquisition of a voucher for his reservation within the time limit set by the carrier, the carrier may cancel the reservation without prior notice.
(a) If the client cancels the reservation up to 14 days before the planned balloon flight, the client owes Hot-R ballooning an amount of 10% on the costs agreed for the assignment.
(b) In case of cancellation of the reservation within 14 days before the planned balloon flight, the client owes Hot-R ballooning the entire agreed amount.
(c) The client may change the date up to 14 days before the scheduled balloon flight. The costs of this are a maximum of € 10 per passenger per change.
(d) if a client leaves a place reserved for him unused, the client owes Hot-R ballooning the entire agreed amount.
- Personal data: To the extent permitted by applicable law, the passenger authorises carrier to retain all personal data provided to the carrier or its authorised agent, for the purpose of reserving transport, obtaining related services, investigating and preventing voucher fraud and providing this personal data to public authorities. Furthermore, the carrier is authorized to transmit this data for the aforementioned purposes to its own establishments, its authorized agents, other carriers, suppliers of related services or government authorities, in whichever country they may be established.
ARTICLE 4. RATES AND SURCHARGES
- General: Tariffs relate exclusively to transport from the place of departure to the landing point. The rates normally do not include ground transport between the landing place and place of departure . However, the Carrier may, at its sole discretion, provide such transport free of charge.
- Applicable rates: The applicable rates are those published by or on behalf of carrier or, if not so published, calculated in accordance with carrier's fare conditions for the voyage as indicated on voucher
- Offers: All offers made by Hot-Rballonvaarten are without obligation and are valid for a period of 14 days. If an offer has not been accepted within that period, Hot-Rballonvaarten is entitled to withdraw or change the offer already made. Verbal promises do not bind us, unless written confirmation has taken place.
- VAT: Prices include VAT, unless explicitly stated otherwise.
- Taxes: If the cost price of the execution of the assignment should increase for whatever reason, whether or not foreseen, we are entitled to pass on this increase, unless otherwise agreed. In this case, the client has the right to cancel the agreement.
- Currency: To the extent permitted by applicable law, fares may be paid in any currency acceptable to carrier. If payment is made in a currency other than that in which the rate is published in the country of payment, the exchange rate for such payment will be the purchase rate of the bank, which carrier uses in this regard on the day the voucher is issued.
Article 5. PAYMENT AND COLLECTION
- Payment for the balloon flight is made in advance, unless otherwise indicated.
- If it is agreed that payment of the balloon flight will take place afterwards, this must be done within fourteen days of the invoice date without discount or claim for compensation.
- In the event of non-payment or late payment, we have the right to dissolve the agreement, insofar as it has not yet been executed, without judicial intervention.
- In the event of non-payment or late payment of an invoice, the client owes a default interest of 1.5% per month of the total amount of the invoice since the due date, whereby a part of a month is calculated as a full month. Payments are first deducted from the interest due.
- We are also entitled to claim, in addition to the principal sum and the default interest from the client, all collection costs caused by non-payment, both judicial and extrajudicial, including the costs of legal assistance by third parties. Extrajudicial collection costs amount to 15% of the principal sum, with a minimum of € 500, - all this without prior summons being required.
ARTICLE 6. REFUNDS
(a) If, at the request of the passenger or by the carrier itself, the carriage is not performed in accordance with the contract of carriage, carrier shall refund the unused voucher in accordance with the following paragraphs of this article as well as the relevant fare conditions.
(b) (1) Subject to the provisions of this paragraph, the carrier has the right to issue a refund to either the person named in the voucher or the person who paid for the voucher. However, carrier reserves the right at all times to refund only to the person who originally paid for the voucher. (2) If a voucher has been paid for by someone other than the passenger whose name is mentioned in the voucher and the carrier has indicated on the voucher that a refund is subject to restrictions, carrier will only refund the person who pays for the voucher, or at his direction. (3) Except in the case of stolen or lost vouchers, refunds will only be granted upon issue to carrier of the vouchers (4) Refund granted to a person who issued vouchers and pretends to be the person to whom a refund can be granted within the meaning of the sub-paragraphs (a) or (b) of this paragraph, will be considered a valid refund. Carrier will then be released from the liability to issue a refund for the same voucher to someone other than that person. (5) A voucher issued at a special rate will only be refunded depending on the fare conditions.
- Refund for involuntary waiving of carriage: If the carrier refuses carriage due to the circumstances stated in article 8, paragraph 1 (with the exception of the point (g), the refund will consist of the following amount: if the voucher is completely unused, an amount equal to the rate paid
- Refund for voluntary renunciation of carriage: If a passenger requires a refund of his ticket due to voluntary renunciation of carriage, this will not be honoured.
- Right to refuse a refund: Vervoerder is fully entitled to refuse a refund.
- Currency: All refunds will be subject to the government laws, regulations, rules and guidelines of the country where the voucher was originally purchased and of the country where the refund is made. Subject to the foregoing, refunds will normally be made in the currency in which the voucher was paid, but may also be made in another currency.
- Those who make a refund
(a) Refunds for voluntary renunciation of carriage will only be granted by the carrier who originally issued the voucher or by his agent, if authorized to do so.
(b) Refunds for involuntary renunciation of carriage will only be granted by the carrier that originally issued the voucher.
ARTICLE 7. CHECK IN
- The passenger must report to the carrier at the agreed location within the deadline specified by the carrier. If a passenger does not arrive at the agreed location on time, or appears without the required vouchers, carrier has the right to cancel the seat reserved for the passenger and carrier will not delay the flight. If the passenger does not comply with the provisions of this article, the carrier shall not be liable for any loss or expense incurred by the passenger as a result.
ARTICLE 8. REFUSAL AND RESTRICTION OF CARRIAGE
- Right to refuse carriage Carrier may refuse carriage or continuation of carriage for reasons of order and safety, or if, in carrier's reasonable opinion, such measure is necessary:
(a) to comply with any applicable laws, regulations or orders of any state or country from which, to or over which is flown;
(b) because the passenger's conduct, age, mental or physical condition is, or reasonably appears to be, such that: (1) special assistance is required that carrier cannot provide; (2) it causes inconvenience or is offensive to other passengers; or (3) it poses a danger or risk to himself or to other persons or property;
(c) because the passenger has not complied with the reasonable instructions given by the carrier to ensure safe, efficient and comfortable transport for all passengers or to be able to fulfil its obligations towards other passengers;
(d) because the passenger has made statements which cast doubt on the safe carriage of that person;
(e) because the applicable fare or surcharges or charges due have not been paid, or payment arrangements agreed between the carrier and the passenger have not been complied with;
(f) because the passenger does not appear with the required travel documents; or
(g) because i. the voucher presented by the passenger: (1) appears to be invalid; (2) does not appear to have been lawfully acquired or purchased from a person other than carrier or its authorised agent; (3) has been reported as lost or stolen, fraudulent or otherwise suspicious; (4) appears to be a forged voucher; (5) changes appear to have been made by a person other than carrier or its authorized agent, or that are damaged, in which case carrier reserves the right to take such a voucher, or; ii. the person showing the voucher cannot prove that he is the person whose name is indicated in the "van" or "voor" box, in which cases the carrier reserves the right to withhold such a voucher.
(h) because the passenger has previously committed one or more of the above acts or omissions and the carrier has reason to believe that repetition will occur.
(i) because the Carrier has informed the Passenger in advance in writing that he will no longer be carried by the Carrier. Notwithstanding the right to compensation of a passenger who has been unlawfully refused carriage or who has been unjustly removed during the journey, the passenger who has been refused carriage or who has been removed during the journey for any of the reasons stated in paragraph 1 of this article, with the exception of the reasons stated in paragraph 1(g), right to a refund for involuntary renunciation of transport, as stipulated below in article 6 paragraph 2.
- Unaccompanied children, passengers with a disability, pregnant women, the sick and other passengers requiring special assistance shall be carried only with the prior consent of the carrier. After obtaining permission, these passengers will not still be refused by the carrier on the grounds of this same inferior validity and / or required extra care.
ARTICLE 9. TIMETABLE, CANCELLATION OF FLIGHTS, REPLACEMENT
- Carrier shall make every effort to carry the Passenger. However, in case of circumstances beyond the control of the carrier (such as: weather conditions, air traffic management situations, certain mechanical defects, riots, civil uprisings, embargoes, wars, hostilities, disturbances of order, international tensions, government regulations, regulations or claims, unforeseeable shortages of labor, fuel or facilities, strikes or labor disputes at carrier or others, all current, threatening and ( carrier is entitled to cancel or delay a voyage without prior notice. If, as a result of these circumstances, the carrier cancels or delays a voyage, is unable to provide an already confirmed seat, to transport the passenger on one of its other voyages, on which space is available. Hot-R ballooning has the right to cancel the balloon flight if the weather conditions do not allow a balloon flight. In this case, no compensation or refund of funds will take place, but a new date will be planned in consultation. We reserve the right at any time to postpone the execution of the balloon flight at the last minute, or to cancel it altogether, if circumstances prevent a safe execution of the balloon flight due to external factors or, in our opinion, a performance of the flight entails too great a risk to safety. Because ballooning is highly dependent on meteorological conditions, no right can be derived from any size or duration of the performance specified by us. Such a statement is at all times approximately indicated and based on ideal circumstances. If the scope or duration is shorter, the assignment is deemed to have been carried out in full
- Except in the case of intent or gross negligence, carrier is not liable for errors and omissions in the timetable or other published schedules and/or for communications from employees, agents or representatives of the carrier regarding the dates, departure/arrival times or execution of flying.
- Contractual carrier is entitled to have the transport carried out by another actual carrier and/ or with another hot air balloon without prior notice.
- The risk for expenses already incurred for transport to the place of execution of the assignment is if cases as referred to in article 8 paragraph 1 occur for the client.
ARTICLE 10. BEHAVIOUR ON BOARD THE BALLOON
- If the behaviour of a passenger on board a hot air balloon endangers or threatens to endanger one or more persons or property or the hot air balloon itself, if a passenger hinders the crew in the performance of its duties, does not comply with the instructions of the crew to ensure the safety of the hot air balloon or the safety, efficient and comfortable carriage of passengers or behaves in such a way that other passengers can reasonably object to it, the carrier may take such measures as it deems necessary to prevent the continuation of such behaviour, including coercion.
- For safety reasons, carrier may restrict or prohibit the use on board of electronic equipment, including portable telephones, laptop computers, portable recorders, portable radios, CD players, electronic games, remote control toys, scanners, walkie-talkies and other equipment operating through an antenna, with the exception of hearing aids and pacemakers for the heart.
- Smoking on board is prohibited.
- The client is obliged to follow orders from the pilot and crew of the balloon insofar as these orders relate to the execution of the balloon flight. This applies both before, during and after the balloon flight.
ARTICLE 11. CARRIER'S ADDITIONAL SERVICES
- If, at the time of conclusion of the contract of carriage, the carrier agrees to arrange also the provision of additional services, the carrier shall be liable to the passenger only in connection with these services, insofar as the carrier has been negligent in arranging the provision of these services.
- Carrier shall not be liable for transport services performed by third parties not designated by carrier for this purpose. In cases where the Carrier itself maintains and operates transport services for its passengers, these Conditions of Carriage shall apply to them. The passenger will be charged the applicable surcharges for the use of these services provided by the carrier itself.
ARTICLE 12. ADMINISTRATIVE FORMALITIES
- General: The passenger is responsible for the possession of all required travel documents and for compliance with all laws, guidelines, regulations, orders and travel regulations of the countries from which, over and to which they are flown. Carrier shall not be liable for the consequences for the passenger arising from the lack of the required documents or failure to comply with the above laws, directives, ordinances, assignments, regulations, rules or instructions.
- Travel documents: Upon request, the passenger shall present to the Carrier or its employees, agents or representatives all entry and exit documents, medical certificates and other documents required by the laws, rules, regulations, orders or regulations of the countries concerned and shall authorise carrier to make copies thereof or otherwise copy the data contained in the relevant documents. Carrier reserves the right to refuse carriage to any passenger who does not comply with applicable laws, rules, regulations, commands and regulations or whose documents do not appear to be in order, or who does not authorize that carrier to make copies thereof or otherwise copy the data contained in the relevant documents.
- Passenger's liability for fines, detention costs, etc. If the carrier is obliged to pay or pay a fine or deposit, or incurs expenses because the passenger has not complied with the laws, directives, regulations, orders and travel regulations of the countries concerned or because the passenger has not presented the required documents, the passenger shall reimburse the carrier for all monies paid and expenses incurred in this respect. The Carrier shall be entitled to use for such expenses the monies paid to carrier for unused carriage or other funds of the passenger available to the carrier, or may refuse carriage if the passenger does not reimburse the monies and expenses incurred by carrier. Carrier will provide information to the best of its knowledge regarding any government laws, directives, ordinances or requirements that may result. that carrier makes the above payments, but accepts no liability with respect to such information provided, except in the case of gross negligence or intent.
- Customs control: If required, the passenger will be present at customs or other government officials' checks and will provide all requested cooperation. The Carrier shall not be liable to the passenger for any loss or damage suffered by him as a result of the passenger's failure to comply with these requirements. If the carrier suffers damage because the passenger has not complied with these requirements, the passenger will compensate the carrier for this.
- Government regulations Carrier shall not be liable if it refuses to carry a passenger because it determines that the laws, government guidelines, ordinances or assignments that it believes or reasonably believes to be applicable, are mandatory, except in the case of intent or gross negligence on the part of carrier.
ARTICLE 13. LIABILITY
(a) The carrier's liability shall under no circumstances exceed the amount of proven damage. Carrier is not liable for indirect, incidental or consequential damages.
(b) In the event of the passenger's joint fault, the carrier's liability shall be governed by the provisions of the applicable law relating to joint guilt.
(c) Carrier shall only be liable for damages occurring on its own navigation. A carrier issuing a voucher for the voyages of another carrier is acting only as an agent of such carrier.
(d) Carrier shall not be liable for damages resulting from carrier's compliance with laws or government regulations, orders or requirements, or for passenger's failure to comply with these rules.
(e) Any exclusion or limitation of carrier's liability shall also apply to and benefit agents, subordinates and representatives of carrier and any person whose hot air balloon is used by carrier, as well as the agents, subordinates and representatives of that person. The total amount of damages that can be recovered from carrier and from such agents, subordinates, representatives shall not exceed the amount of carrier's liability limits.
(f) Unless expressly provided otherwise, no provision in these Conditions of Carriage shall override any exclusion or limitation of carrier's liability under applicable law.
(g) Hot-R ballooning is not liable for the damage suffered due to the non-fulfilment or insufficient fulfilment of any obligation arising from the agreement, unless the damage is due to intent or gross negligence, or otherwise under Dutch law or in traffic in the Netherlands prevailing views for his account.
(h) Any liability for whatever reason is at all times limited to the invoice amount relating to the agreement in respect of which we are held liable.
(i) Our liability can never go beyond the amount for which our insurer provides cover, possibly increased by the amount invoiced by us for the assignment.
(j) By participating in balloon flights or other activities offered by us, participants assume the risk at their own expense. The participants in the balloon rides are also obliged to comply at all times with instructions given by employees of ours. If the participants do not comply with the instructions, we are never liable for any damage whatsoever.
- Damage for personal injury or death
(a) Hot-R ballooning reserves the right to all defenses that belong to it under any applicable law with regard to such a claim. With regard to third parties, Hot-R ballooning reserves all rights without any limitation to recover the damage, including the right to demand a contribution or to claim indemnification and compensation.
(b) Nothing in these Conditions of Carriage shall be construed as affecting the rights of Hot-Rballooning in respect of any claim brought by, on behalf of, or in respect of any person who has intentionally caused damage resulting in the death, injury or other bodily injury of a passenger.
(c) If a passenger is carried whose age or mental or physical condition is such that it may pose a threat or risk to himself, Hot-R ballooning will not be liable for his illness, injury, or death provided that the damage is the result of that condition.
- Damage to baggage.
(a) The Carrier shall not be liable for injury for damage to a passenger's baggage/property
(b) Carrier shall not be liable for injury to a passenger or for damage to a passenger's baggage caused by property contained in that baggage, unless carrier has caused such damage through its gross negligence or intent. Any passenger whose property causes damage to another passenger or his baggage or to the carriage of the carrier shall indemnify the carrier for all costs and damages incurred as a result thereof.
ARTICLE 14. COMPLAINTS & LEGAL CLAIMS
- Any right to compensation shall lapse if no legal action is brought within 1 year from the date on which the carriage ended. The method of calculating the limitation period is determined by the applicable law of the court where the case is brought.
- In event that a client has a complaint about the execution of the agreement, the complaint must be submitted immediately in writing to Hot-R ballooning. Complaints that are not submitted within eight days will no longer be processed.
- Complaints do not entitle you to suspension of payment.
ARTICLE 15. AMENDMENT AND SETTING ASIDE
- No agent, employee or representative of carrier shall have the authority to modify, weaken or override any provision of these Conditions of Carriage.
(a) In the event that previous provisions are (partially) null and void, the other provisions shall remain in full force and effect.
(b) Hot-R ballooning is at all times entitled to change or adjust these general terms and conditions.