Terms & Conditions of Your Flight Voucher
Please read all our Terms and Conditions carefully before you use our website, as your use of it and any order you place for vouchers will be subject to these Terms and Conditions.
1.1. 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 2;
“We”, “us” or “our” means D.T.B. d.o.o., a company registered in Bosnia and Herzegovina with registration number 4272472450004 and whose registered office is at Masna luka bb, 88240 Posušje, BIH.
“You” or “your” means you as the user of our website and/or the buyer of any of the vouchers. The Terms and Conditions referred to in paragraph 12 will also apply to the holder of the voucher if purchased for other person.
1.2 Each voucher only entitles participation in one flight.
1.3 Nothing in these Terms and Conditions will affect any of your rights as a consumer under any applicable legislation.
1.4 The Contract may be cancelled by you in accordance with paragraph 13.
1.5 You must be at least 18 years of age and have legal capacity to buy any vouchers from us.
1.6 We reserve the right in our absolute discretion to refuse access to or change the content of our website or reject any order.
1.7 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.
1.8 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.
1.9 We only deliver digital vouchers.
1.10 Vouchers and other products ordered are subject to availability. If they are not in stock when you place your order, we will inform you of that as soon as reasonably practicable and refund or re-credit you for any amount you have paid or have been debited from your credit or bank debit card for any vouchers and other products.
2 ORDERS
2.1 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 13 or we have cancelled it under paragraph 14.
3 PRICE AND PAYMENT
3.1 The price of the vouchers will be the price displayed on our website when you place your order. However, errors may occur and incorrect prices for vouchers may be shown on our website. We will let you know if we discover any error in the price and 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 vouchers, a full refund will be made.
3.2 You must pay for your purchase by credit or debit card, or by PayPal. 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. If you pay by PayPal, you agree to be bound by any terms and conditions imposed by PayPal.
3.3 You will become the owner of any vouchers and other products you order on this website when the vouchers and other products are delivered. However, if you cancel the Contract in accordance with paragraph 13 of these Terms and Conditions, ownership of the vouchers and other products will revert to us on the date of cancellation.
3.4 If you fail to provide us with a correct e-mail or your e-mail will not accept delivery of your order we may terminate the Contract by notice to you and refund you the price of the vouchers and other products paid by you, as soon as possible but in any event within 14 days.
4 VOUCHER ENTITLEMENT AND VALIDITY
4.1 Subject to paragraph 4 and the type of voucher you purchase, your voucher will entitle you to participate in a hot air balloon flight as detailed below:
4.1.1 A pre-flight briefing from the pilot.
4.1.2 Participation in balloon set-up and inflation.
4.1.3 Approximately 1 hour’s flying time, subject to weather conditions, safety and legal compliance.
4.1.4 A bottle of water; a glass of sparkling wine or juice, after the flight.
4.1.5 Your personalised digital flight certificate.
4.1.6 Breakfast and small gifts (in private flight option only).
4.3 Your vouchers are valid for a period of 12 or 18 months, unless otherwise stated, from the date on which you buy them or from any other commencement date agreed between you and us. If your flight is not taken during that period, you will lose your right to take your flight, unless the validity period of your voucher is extended under paragraphs 8.2 or 9.2.
4.4 Your voucher is not redeemable for cash.
5 WEATHER REFUND OR EXCHANGE OPTIONS
5.1 All vouchers are refundable within the 14-days from the purchase.
5.2 Monetary Refund – you are entitled to a monetary refund for each voucher if you do not fly on three booked dates because the flights are cancelled by us or our pilot. We are only able to make a refund to the buyer of the vouchers.
5.3 We are only able to provide a refund or exchange if you have a voucher that was issued by us and, even though you are bound by the terms and conditions in this Contract, if you have a voucher that was issued by someone other than us you should refer to them for any potential refunds or exchanges.
6 GENERAL VOUCHER EXCHANGE
6.1 All valid vouchers can be redeemed for a flight, as stated on the voucher.
7 BOOKING
7.1 When you contact us please quote the voucher number and security code on your vouchers. As flight times vary, we will send you a flight confirmation email and WhatsApp / Viber / SMS message confirming the exact location and the exact time your flight is scheduled for. Please provide us with the valid contact number.
7.2 The flight will start at one of the launch sites shown on our website but we reserve the right to change, without notice, your booked site, time and date under paragraph 9. Flights can generally be taken between 15 April 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 of the flight and landing place, subject to safety and legal requirements.
7.3 We will accept only one flight booking per voucher unless your flight is cancelled or postponed.
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.
8 POSTPONEMENT BY YOU
8.1 You can postpone taking your flight after you have booked by cancelling your booking up to 3 days before the flight date, provided you contact us by email. In the event that you contact us to cancel your flight for medical reasons and you do not give us at least three working days’ notice as stipulated above, we may require you to supply us with such medical evidence of your inability to fly.
8.2 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 by email.
8.3 If you do not participate in your flight on the booked date, unless you have postponed it in accordance with this paragraph 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.
9 CANCELLATION, RELOCATIONS OR POSTPONEMENT BY US OR THE PILOT
9.1 The pilot, may at 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.
9.2 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 the pilot, we will automatically extend your validity period to be a minimum of 6 months from the last cancellation. If your flight on any booked date is cancelled, you must book a new date and time within your vouchers’ validity period.
9.3 The pilot, may at their discretion decide to use a back-up site within reasonable distance of the original site in order for the flight to be able to take place. Reason for the use of the backup site will be given by the pilot and such reasons could be matters beyond our or their reasonable control, or for safety or legal reasons. Such reasons can vary from the wind being in the wrong direction to occasions where launch sites become temporarily or permanently unusable. You will be required to attend the flight at the back-up site, or you may lose your right to fly.
10 THE FLIGHT AND HEALTH AND SAFETY
10.1 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.
10.2 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 continue your flight. No refund will be payable in these circumstances and you will not be able to re-book your flight.
10.3 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
– If you are accompanied by a responsible adult
– You are least 8 years old and a minimum of 120 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 vouchers within 14 days of the date of refusal but will have no further liability to you arising from you 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. You must also wear appropriate clothing as outlined in your booking confirmation letter. 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
– 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.
10.5 If the flight has to be cut short because your pilot refuses to allow you to continue with your flight, 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.
11 LIABILITY
11.1 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, natural disasters, pandemics or failure of any equipment.
11.2 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 voucher or gift extra merchandise sold to you, unless it is caused by our negligence.
11.3 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.
12 TERMS AND CONDITIONS OF CONTRACT
12.1 These Terms and Conditions, and those set out in the wallet accompanying vouchers or attached as a PDF file to the voucher email, and any brochures relating to hot air balloon flights issued by us which are current at the time you buy your vouchers, contain all of the Terms and Conditions of the Contract between you and us in relation to the vouchers 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 those Terms and Conditions. No variations to any of these Terms and Conditions or any of those other documents will be valid unless agreed to in writing by us and you.
12.2 If you have not seen on our website or received a copy of the Terms and Conditions in the voucher wallet and brochures referred to in paragraph 12.1, before you purchased your vouchers, unless you notify us in writing within 14 days of the purchase date of the vouchers that any of those Terms and Conditions is not accepted by you, you will be deemed to have accepted all of them. If you notify us that any one or more of those Terms and Conditions are not accepted and you and we cannot agree how they are to be modified, you or we may elect to terminate the Contract with immediate effect by giving the other party notice by email. In that case, the vouchers will no longer be valid, and, if you return them to us within 30 days of the termination date, we will reimburse the purchase price of the vouchers within 14 days of us receiving them.
13 YOUR RIGHT OF CANCELLATION
13.1 You have the right to cancel the Contract in respect of all (or some) of the vouchers you have agreed to buy direct from us under the Contract at any time up to the end of the 14th day after you receive the vouchers, subject to paragraph 13.2.
13.2 The Contract cannot be cancelled, nor any refund provided if you have used the vouchers to book onto a flight within 14 days of purchase and that flight has gone ahead. If that flight is cancelled, your 14-day right to cancel period resumes in accordance with paragraph 13.1.
13.3 To exercise your right of cancellation, you must give us, within the period stated in paragraph 13.1, written notice of cancellation by sending it by email to the relevant address or email address shown in the Contact Us section of our website, giving details of the vouchers (or the vouchers in respect of which the Contract is cancelled).
13.4 If you cancel the Contract in whole or part in accordance with paragraph 13.1, we will re-credit to your credit or bank debit card or refund you as soon as possible, and in any event within 14 days of receipt of the notice of cancellation, any sum debited by us to your card or paid by you for the vouchers in respect of which the Contract is cancelled.
14 CANCELLATION BY US
14.1 We reserve the right to cancel the Contract between us if:
14.1.1 We have insufficient vouchers to meet your order;
14.1.2 One or more of the vouchers or other products you ordered was listed at an incorrect price due to a typographical error.
14.2 If we do cancel your Contract we will notify you by email and will re-credit to your account any sum deducted by us from your original method of payment as soon as possible, but in any event within 14 days of your order. We will not be obliged to offer any additional compensation, for example for disappointment suffered.
15 GOVERNING LAW AND JURISDICTION
The laws of Federation of Bosnia and Herzegovina 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 Federation of Bosnia and Herzegovina.
16 INTELLECTUAL PROPERTY
16.1 All copyright, trademarks 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.
16.2 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.
16.3 You must not use our website for any unlawful purpose or activity.