Terms and Conditions - Sunshine Coast Ballooning

1. General Information

Sunshine Coast Ballooning (the business) is a balloon transport operation and a specialised balloon operator. The following Terms and Conditions (T&Cs) form the basis for all agreements / contracts and transactions with customers and booked passengers.

It is the responsibility of all persons dealing with the business to ensure that they are aware of and agree to those T&Cs before entering into any contract / agreement / transaction. Should a person enter into an agreement with the business she / he / they are also entering and accepting the T&C’s on behalf and for all members of their party (e.g. booked passengers) and each and every person entering into an agreement also agree that they have informed any / every member of their party and made them aware of such conditions and have obtained conﬁrmation of all members of their party and authorisation to enter into the agreement on their behalf.

These Terms and Conditions apply to and are not limited to those transactions detailed in this document. The acceptance of these conditions is a term of supply of the Services. By paying for and entering into an agreement for supply of the Service, the person(s) entering into such an agreement accept the T&Cs and are bound by these conditions. Sunshine Coast Ballooning may need to and reserves the right to change / modify the Terms and Conditions contained herein at any time without notiﬁcation, and it is the responsibility of the customer / passenger / participant to regularly check and review the Terms and Conditions, and by continued acceptance of their booking, shall constitute acceptance of any such amended Terms and Conditions.

If a person does not accept these conditions they shall NOT enter into any agreement and rather contact / inform Sunshine Coast Ballooning immediately and prior to accepting or consuming any Service.

Regardless of who does enter into any agreement with the business for the supply of service, each and every person wanting to consume such services also has to provide personal information as required by law (civil aviation act and regulations) before they can participate in the activities and consume the services. Failure or unwillingness to do so and / or lack of knowledge (prior information) does not give grounds for claims to refunds or compensation.
All persons are responsible for their own health and safety and must not adversely affect the health and safety of others.

By entering into an agreement for the supply of services (booking), it is deemed to be understood by all passengers planning to partake in a ﬂight:

That they have read, understood and accepted these T&Cs
That for safety reasons, all passengers must be able to get into and out of the basket unaided, and hold a standing position comfortably for the ﬂight duration (approximately one hour). No additional aids such as seats, walkers, sticks, crutches or ladders are permitted or available in the basket or to get into the basket. No wheelchair access is available.
That pregnant women are unable to partake in the ﬂight and have an obligation to inform the administration / pilot accordingly.
That passengers have had no recent surgery (in the past three months before the planned ﬂight), no hip/back/knee problems, and no broken bones, which would preclude them from participating in a physical adventure activity such as hot air ballooning.

In the interest of safety and to comply with the relevant legislation, all persons must follow reasonable instructions given by authorised personnel. Failure to do so may lead to the exclusion of participants / persons / guests / customers without the need for explanation AND without giving grounds for regress / refund / claims.

2. Definitions

2.1 Service(s)

refers to all services provided by the business including but not limited to: the provision of a ﬂight and transportation of the customer / passenger in any motor vehicle operated by the business in connection with the Flight;

2.2 Flight

speciﬁcally refers to the activity of hot air ballooning, including all activities associated with hot air ballooning, which includes but is not limited to transport, ground activities, provision of hospitality and customised activities arranged by agreement;

2.3 Service Operator

refers to Sunshine Coast Ballooning (the business), or any independent contractor supplying / delivering the services to the customer under the agreement with Sunshine Coast Ballooning;

2.4 Booking

means one or more tickets purchased at the same time for one scheduled ﬂight date;

2.5 Customer(s)

refers to a natural persons or other businesses who purchases (or has purchased) the services to be supplied by the business or the person identiﬁed on a ticket to be supplied the services by the business, as the context requires;

2.6 Passenger(s) / Participant(s)

refers to a natural person wanting to participate in and or consume a booked service, typically holding a ticket and potentially including a customer. Passenger also refers to any person forming part of the group or party of a ﬂying passenger, especially those who participate in any ground activities e.g. meetings, brieﬁngs, setup, travel, pack-up, breakfast;

2.7 Responsible Adult

means a parent, legal guardian or person with parental responsibility for a passenger under the age of 18 years.

3. Liability

Any form of aviation has some residual risk due to unforeseen circumstances. Despite the best efforts and all care taken in the preparation and execution of the activities, this risk can not be eliminated to zero, and all persons getting involved in the ballooning activities (on the ground and in the air) are deemed to understand and accept this risk.

The business operates under a CASA issued Air Operator Certiﬁcate and is bound and limited by the applicable legal framework. Its liability extends only to the applicable law unless otherwise agreed in writing by the general manager of the business.

The customer and each passenger acknowledges and agrees that Sunshine Coast Ballooning 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.

Sunshine Coast Ballooning (the business) 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 (Consumer Guarantees), 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 Sunshine Coast Ballooning was reckless in performing the services.

Under no circumstances will Sunshine Coast 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.

4. Booking a Flight

We operate 7 days per week depending on weather and other conditions allowing the safe operation and provision of the services.

Flight bookings can be made in person, on specialist online electronic booking platforms, over the telephone or via email.

A booking is only deemed to be accepted when a conﬁrmation has been issued to the booking person / party and paid in full. Typically the following conditions are to be fulﬁlled for a booking conﬁrmation to be issued:

A product / service has been selected
A payment has been made and funds have been received (full upfront payment is required to secure the booking)
The relevant and required information has been provided
Each booking and the agreed date for the provision of the service is conﬁrmed individually and that date is conﬁrmed and underlies the speciﬁc conditions under Section 5 of this agreement
Prices are available from Sunshine Coast Ballooning upon request. We reserve the right to change prices without notice. Payments made by credit card attract a non-refundable bank fee surcharge.
Flights are conﬁrmed the day before the ﬂight via text once ﬁnal weather checks have been completed, and it is the customer’s / passenger’s responsibility to respond to their conﬁrmation text. If no response is received, an additional text and an email will be sent. Failure to respond by 6pm the day before the ﬂight may result in a cancellation of the booking.
If any customer / passenger / participant fails to turn up to the ﬂight meeting point on time the morning of a ﬂight, the passenger / participant is classed as a no-show and 100% of full payment will be forfeited and no refund or reschedule will be available.

5. Alteration, Cancellation and Third Party Bookings

If a customer / passenger cancels, modiﬁes or otherwise alters a booking and / or the booked passengers do not show for the agreed date and time, certain fees & conditions apply as of the below list:

Within 72 hours prior to a ﬂight no changes are permitted – passengers are advised to make their own insurance provisions in case of circumstances affecting their ability and availability to participate – including being unwell and unable to ﬂy due to illness.
Under no circumstances will bookings / ﬂights be refunded or rescheduled if passengers cancel or do not show for their scheduled service / ballooning experience on the morning of the scheduled ﬂight.
Between 72 hours and 7 days prior to a booked ﬂight – to reschedule a weekday, weekend or Public Holiday ﬂight, a $150 per passenger rebooking fee will be charged.
Group Bookings, Proposals, Private Flights OR customised Events/Packages have additional cancellation, alteration & refund conditions. They alter depending on the number of passengers and the date booked. For these bookings, the booking is non-refundable if cancellation is less than 30 days prior to ﬂight date. No changes to the booking are permitted within 30 days prior to the ﬂight date. Sunshine Coast 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 the booking conﬁrmation documentation.
A customer will lose the full cost / payment of a booking / ﬂight if the booked passenger fails to show up for their conﬁrmed booking / ﬂight. A conﬁrmed passenger may nominate another person to consume the service in their place under certain conditions and if the business agrees to this change of person. One key condition of such a replacement is that the nominated replacement passenger has / does agree to and complies with all conditions (T&Cs) and is willing to provide all required information and assistance. The originally booked person shall be responsible to request the alteration, provide the required information and receive written conﬁrmation and acceptance of the business.
A refund cannot be received on any gift vouchers or bookings using a gift voucher (refer Section 6).
Important Note: It is also considered a cancellation if a person wishes to alter or re-schedule a conﬁrmed ﬂight date.

6. Gift Vouchers

Gift vouchers are valid only when fully paid by the purchaser, customer or distributor. Gift vouchers cannot be redeemed for cash or refunded in part or full.

A passenger holding a gift voucher must book a ﬂight. Flight bookings are subject to availability.

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

the expiry date is extended by the business; or
the price of the gift voucher is discounted or it is a special issue, in which case the expiry date will be the date stated on the gift voucher.

Vouchers are transferable to other individuals and are valid only for the period indicated thereon. Once the voucher has been redeemed (i.e. the trip date has been booked), all other terms relating to alteration and cancellation (see Section 5) apply, however the value remains non-refundable.

7. Discounted Bookings

Any discounts or special offers are only available on the full recommended retail price, and are not valid in conjunction with any pre-existing discounts or seasonal specials.

Any discounts / coupons / promo codes need to be presented at the time of booking. No amount will be refunded if a discount / coupon is presented after initial booking.

Any bookings made using a discount or special offer are strictly non-refundable.

Bookings are transferable to other individuals and are valid only for the period indicated thereon. All terms relating to alteration and cancellation (see Section 5) apply, however the value remains non-refundable. Should you need to extend the validity of your booking beyond its validity date, booking reinstatement fees per passenger apply: $150 per extension period.

8. Weather, Safety & Other Conditions

Hot air ballooning requires suitable weather conditions to be undertaken safely and provide an enjoyable customer experience. In this regard it is most different to other forms of aviation.

It is the responsibility of Sunshine Coast Ballooning to take ALL conditions under consideration before undertaking any ﬂights. Such decisions are at the sole discretion of the business.

When conditions are deemed unsuitable, ﬂights do not go ahead on the scheduled date and need to be rescheduled. This does not form the basis of a claim for any compensation.

The business will use reasonable endeavours to notify the customer as soon as reasonably practicable of any cancellation of a ﬂight using the customer’s contact details provided in the booking.

In the event that a service must be delayed, rescheduled, postponed or cancelled due to any of the relevant inﬂuencing factors (including not meeting minimum passenger number requirements for a particular ﬂight date), Sunshine Coast Ballooning will hold payment in credit and offer alternative booking dates, or refund if relevant to that particular booking type. Sunshine Coast Ballooning, will not accept any liability for travel, accommodation, inconvenience or other costs incurred or lost through such events.

International, interstate and country visitors should factor the possibility of short notice cancellation.

9. Rebooking Your Flight and Receiving a Refund

If a ﬂight has been cancelled by the business due to any of the above described weather / safety / other factors, please contact the ofﬁce as soon as possible to rebook.

Payment received for the ﬂight will be held in credit and applied to the rebooking. If eligible to receive a refund, the full payment received (excluding non-refundable credit card transaction fees) will be refunded.

Rebooking must be done within 12 months of the ﬁrst cancelled ﬂight date. Rebooking a ﬂight date is subject to availability. Should the validity of the rebooking need to extend beyond the 12 months, reinstatement fees apply: $150 per passenger (for a 12 month extension). Reinstatement period is from the date of expiry. Reinstatement fees are strictly non-refundable.

10. Re-fly

On very rare occasions, a ﬂight may be deemed by the pilot in command to be of poor quality. This may be a ﬂight that is either shorter than normal or may experience poor visibility. The pilot may offer to re-ﬂy all passengers free of charge or at a discounted rate – these are a privilege and not a right i.e. passengers cannot declare short ﬂights or poor visibility to request a re-ﬂy.

Any free of charge re-ﬂy can only be taken midweek by the passenger on the original ﬂight. These re-ﬂy offers are not transferable, and all bookings are to be made through the ofﬁce in person, via phone or email.

11. Participant / Passenger Responsibility

Every person participating in hot air ballooning activities (ground / ﬂight / pre / post) are deemed to do so at their own risk. Any form of aviation is, by nature of the activity, associated with a number of risks. While Sunshine Coast Ballooning follows all relevant acts / regulations and its own rigorous safety systems, there are a number of aspects that are well outside the control of the business. Therefore, every person participating in any of the company’s activities needs to act reasonably and within their limits and the law. All persons also have the obligation to inform themselves about the nature of the activities / services and follow reasonable instructions given for the purpose to keep everyone involved safe and compliant.

For gift voucher holders – the participant / passenger must ﬂy within the time limit of the gift voucher or rebooking date. If the weather is unsuitable or if there is no availability, the participant / passenger may have to try again. It is the participant’s / passenger’s responsibility to make as many attempts as necessary to ﬂy or the voucher may expire.

It is the participant’s / passenger’s responsibility to ensure receipt of booking conﬁrmation details of the ﬂight; please notify the Sunshine Coast Ballooning ofﬁce immediately and prior to the ﬂight date if this information has not been received.

In the interests of safety, the participant / passenger agrees to follow any advice / instructions of the pilot and ground crew, comply with any local codes of conduct and act sensibly and prudently at all times. Failure to follow instructions may lead to exclusion from the activity without compensation. The participant / passenger also agrees to indemnify Sunshine Coast Ballooning, its owners, ofﬁcers and employees for all losses and/or damage arising from any act or default on the participant’s / passenger’s part or the part of a member of the participant’s / passenger’s party as well as unforeseen circumstance and other aspects / situations outside of the control of Sunshine Coast Ballooning. Under no circumstances at any time during the supply of the Services should the participant / passenger or a member of the participant’s / passenger’s party be under the inﬂuenceof drugs or alcohol, nor should the participant / passenger take medication that could affect or impair the participant’s / passenger’s judgement at this time.

All participants / passengers in hot air ballooning activities are to be of good health and in the condition to undertake the ﬂight / ground activities. If unsure, check with a medical practitioner if a pre-existing medical condition is present that may be affected by the physical nature of hot air ballooning. By participating the participant / passenger agrees to indemnify Sunshine Coast Ballooning, its owners, ofﬁcers and employees against any incident related to the participant’s / passenger’s health occurring during or after supply of the Services.

Diving – Persons diving the day or night before a balloon ﬂight should check with a qualiﬁed dive master regarding their ﬂight. Passengers who participate in ballooning after diving the day or night before do so at their own risk, and Sunshine Coast Ballooning accepts no liability for any damage or injury caused.

Minimum age limits apply to passengers – children must be at least eight (8) years of age to ﬂy. Adult prices apply to children 13 years and older. Children under 18 years of age must be accompanied on the ﬂight by a responsible (named) adult / guardian.

Personal belongings are taken on board the balloon or left in Sunshine Coast Ballooning vehicles at the participant’s / passenger’s own risk.

Hot air ballooning is an outdoor adventure activity, and Sunshine Coast Ballooning takes no responsibility for damage to any clothing, jewellery or other personal items.

Anyone in the participant’s / passenger’s party is participating at their own responsibility. Whether that is family members, friends, children, infants or pets. Please make sure the nature of the activity and their responsibilities are understood. The participant / passenger and party must also follow reasonable instructions given by authorised persons.

12. Third Party Bookings / Commitments

These terms and conditions apply to all customers and passengers booked no matter whether the booking was made directly or through a booking agent / agency / travel organiser.

Sunshine Coast Ballooning does not accept any statements, responsibilities or service offers made by others.

13. Privacy

The business will deal with personal information in accordance with its published Privacy policy.

14. Photographs, Filming and Media

The business may take photographs or videos during the ﬂight for promotional purposes, and these are made available to passengers after the ﬂight.

The customer and each passenger acknowledges that the business may use any media obtained during the ﬂight in any form and for any commercial purpose, including advertising, social media or promotions, accepting these T&Cs is deemed as consent.

Although all images which appear on the website are genuine images of balloon 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.

15. Acceptance of Terms and Conditions

By accepting these terms and conditions upon booking, a passenger / participant / customer accepts that they form the basis of each passenger’s contract with Sunshine Coast Ballooning.

A Responsible Adult will be required to accompany a person under the age of 18 years.

16. Subcontracting and Assignment

The Business reserves the right to subcontract any part of the supply of services without separate information of the customer. Any subcontractor appointed by the business will have the beneﬁt of these terms and conditions.

Sunshine Coast Ballooning 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.

17. 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 Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.