Terms &, Conditions

Important:

Please ensure that all members of your party have been made aware of the following conditions. These Terms and Conditions apply to the transaction detailed on this documentation. Your acceptance of these conditions is a term of supply of the Services. By paying for and accepting supply of the Service, you agree to be bound by these conditions. If you do not accept these conditions you should contact Picture This Ballooning immediately and prior to accepting supply of the Service.

1. Definitions

Service refers specifically to the hot air ballooning mentioned on this documentation and generally to the range of products offered by Picture This Ballooning, including accommodation and customised activities arranged by agreement. Service Operator refers to Picture This Ballooning or any independent contractor supplying/delivering the services to you under the terms of your Agreement with Picture This Ballooning.

2. Liability

Under no circumstances will Picture This Ballooning be liable for direct, indirect, consequential or incidental damages including but not limited to lost or damaged property, lost profits or savings or damages for disappointment. Picture This Ballooning may arrange for the hot air ballooning to be performed under a "code-sharing" arrangement, i.e. it may subcontract another ballooning company to provide you with your flight. In such instances, Picture This Ballooning accepts no liability in connection with such services or for any loss, injury, or damage to or in respect of any person or property. Picture This Ballooning reserves the right to alter contents of products and location when deemed necessary. Picture This Ballooning does however warrant providing services of equal nature and value.

3. Alteration and Cancellation of a Booking

In the unfortunate event you should have to cancel your booking, certain fees apply:

Any flight cancelled within 24 hours prior to flight date will not be refunded
Any flight cancelled within 48 hours prior to flight date will incur a booking fee of $50.00 per person booked.
More than 48 hours - Less $35 cancellation fee or full credit will held against the re booking of your flight.
You will lose up to 100% of the cost of your trip if you do not attend on your scheduled date. You may send someone else in your place if you wish - please notify us the name of any replacement person. You cannot receive a refund on any trips booked with a gift certificate. (See Section 4)

NB: Separate cancellation and alteration provisions apply to large groups and customised events. These are specified on the group booking documentation supplied. Picture This Ballooning reserves the right to amend these fees and notice periods. When special circumstances arise, some of these Terms and Conditions may be superseded by those published on your booking confirmation documentation.

4. Flight Tickets, Gift Certificates and Discounted Tickets

All Flight Tickets, Gift Certificates and Discounted Tickets are valid for 12 months from the initial date of purchase. Gift certificates are valid only when fully paid by the purchaser or distributor. Gift Certificates and Discounted Tickets cannot be redeemed for cash or refunded in part or full. Certificates are transferable to other individuals and are valid only for the period indicated thereon. Once the certificate has been redeemed (i.e. the trip date has been booked) all other terms relating to Alteration and Cancellation (see Section 3) apply, however the value remains non-refundable. Should you need to extend the validity of your flight ticket or gift certificate beyond the normal 12 months, reinstatement fees apply: $50 per person - 6 month extension, $100 per person - 12 month extension.

5. Weather, Mechanical, Staffing Other Safety Conditions

Hot air ballooning relies on suitable weather conditions in order to proceed safely. Information on specific weather considerations are provided for at the time of making the booking. Additionally, flights may be dependant on mechanical performance or staffing availability. When conditions are deemed by Picture This Ballooning to be unsuitable or unsafe to proceed, then trips may not go ahead on the scheduled date. Similarly a trip may be postponed due to less than minimum numbers being achieved. In the unfortunate event that a Service must be delayed, rescheduled or cancelled due to any of the above factors, Picture This Ballooning will hold payment in credit and offer alternative booking dates. Any request for refund will be treated as per cancellation terms listed in Section 3 above. Picture This Ballooning will not accept any liability for travel, accommodation, inconvenience or other costs incurred or lost through such cancellation. International, interstate and country visitors should factor the possibility of short notice cancellation into their plans. Weather conditions can also affect the duration and route of all flights in all locations. Picture This Ballooning endeavours to give each passenger the best ballooning experience possible subject to the daily wind and weather conditions. With passengers safety always at the forefront of pilots concern a flight altered in route, or landing earlier than anticipated, will be deemed as a completed flight for that day provided the flight is more than 30 minutes duration.

6. Rebooking Your Flight

If your flight has been cancelled due to inclement weather conditions, please contact our office as soon as possible to rebook. Payment received for your flight will be held in credit and applied to the rebooking. Rebooking must be done within 12 months of the first cancelled flight date. There will be no refunds for bookings held on our system for longer than 6 months. Reinstatement Fees apply.

7. Your Responsibility

(a) It is the responsibility of the passenger to ensure you have received booking confirmation details of your flight, please notify the Picture This Ballooning office immediately and prior to your flight date if you do not have this information. You are also required to follow the check-in procedure outlined in the information forwarded to you. If you do not make yourself available to be contacted by the duty pilot as required between 6.30 and 7.30 p.m on your listed contacted phone numbers, Picture This Ballooning cannot be held liable for the consequences of not checking in with your pilot regarding your flight

(b) In the interests of safety, you undertake to follow the advice 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 Picture This Ballooning, its owners, officers and employees for all losses 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 supply of the Services should you or a member of your party be under the influence of drugs or alcohol, nor should you take medication that could affect or impair your judgment at this time.

(c) 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 Picture This Ballooning, its owners, officers and employees against any incident related to your health occurring during or after supply of the Services.

(d) Personal belongings taken on board are at your own risk.

(e) Ballooning is an outdoor activity, and Picture This Ballooning cannot be held liable for damage to any clothing. Picture This Ballooning Pty. Ltd. ABN 33 187 311 750.

Terms and conditions subject to change without notice. January 2008