Terms & Conditions

SUNSHINE COAST BALLOONING
Terms and Conditions of Sale

1. What Things Mean

The following expressions are used in these Terms and have the meanings given them:

Booking System refers to Our on-line or manual system that is used to manage Our provision of Flights and which gathers all of the prospective Passenger information necessary to facilitate a safe Flight. 

Flight means a balloon flight provided by Us to You or other Passengers and includes everything that We provide that is necessary or ancillary to that flight. 

Passenger is a person who is taken on a Flight by Us. 

Terms refers to these terms and conditions of sale. 

We, Us, Our or similar expression refers to Sunshine Coast Ballooning. 

You, Your or similar expression refers to you, our customer, who enters into this contract. 

In these Terms, the above expressions may be modified to indicate the plural (e.g.: Flight, Flights). 

2. Preliminary Matters

We provide Flights to Passengers in accordance with the Civil Aviation Act 1988, associated regulations, orders and standards, which are regulated by the Civil Aviation Safety Authority. 

By entering into a contract with Us on these Terms,  You acknowledge, agree and accept as follows: 

• You have read, understood and accept these Terms. 
• You understand any and all fees and charges associated with purchase.
• You understand that if purchased, a Flight – Standard Ticket is a rebookable only discounted product.  Gift vouchers are redeemed for Standard Tickets.
• You understand 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.
• You understand that pregnant women are unable to fly, and have an obligation to inform Us accordingly.
• You understand that Passengers are unable to fly if they have had recent surgery (in the past three months before the planned Flight), and that Passengers must not have any hip/back/knee problems or broken bones, that would preclude them from participating in a physical adventure activity such as Hot Air Ballooning.

• For their safety, all Passengers must at all times promptly comply with Our advice and instructions before, during and after a Flight. 
• Minimum age limits apply to Passengers – children must be at least eight 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.

We may need to and reserve the right to change / modify the Terms contained herein at any time without notification.  It is the responsibility of You or other Passengers to regularly check and review the Terms, and by continued acceptance of the booking, shall constitute acceptance of any such amended Terms.

If You or other Passengers do not accept these conditions, then You or other Passengers shall NOT enter into any agreement, and rather contact / inform Sunshine Coast Ballooning immediately and prior to purchasing or accepting or consuming any Service.

3. Booking a Flight

You may book a Flight for Yourself and other Passengers via our Booking System.  Our acceptance of Your proposed booking occurs only after all of the following have happened: 

• You have provided all the Passenger information required by our Booking System.  

• You have paid for the Flight in full.
• We have sent to You written confirmation of Your booking.  It is Your responsibility to ensure receipt of the booking confirmation and flight details – please notify Us immediately and prior to the Flight if this information has not been received. 

Different Flight product types are offered with differing characteristics so You can choose what suits Your situation best:

• Flight – Standard Ticket is a rebookable only ticket (discounted product).  Gift Vouchers are redeemed for Standard Tickets.
• Flight – Flexi Ticket is a refundable and rebookable product (full priced product).
• Private Exclusive Flight (couples or groups, including proposals) OR customised events/packages. 

If eligible to receive a refund (depending product type chosen to purchase as outlined above), the refund amount applicable is excluding non refundable fees (as outlined in clause 4, 6, 7 in these Terms).

Private Exclusive Flight (couples or groups, including proposals) OR customised events/packages have additional cancellation, alteration and refund conditions.  For these bookings:

• The booking is non-refundable if cancellation by You is less than 30 days prior to flight date.
• No changes to the booking by You are permitted within 30 days prior to the flight date.

We will make every reasonable effort to accommodate Your preferences as to Flight dates. 

You acknowledge and agree as follows: 

• For obvious safety reasons,  Our ability to provide a Flight on any given day depends on weather conditions and other safety considerations. 

• Weather forecasting is not always reliable or accurate. Conditions can and do change, often at short notice and in unpredictable ways.
• We 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 in the possibility of short notice cancellation.
• We book out well in advance (at least 2-3+ months ahead, more for weekends and holiday periods).  This availability timeframe should be noted and taken into consideration both when booking initially, and also for rescheduling if the Flight is cancelled due to weather conditions or any other factor.
• Accordingly, we cannot and do not offer any assurance that Passengers will be able to take a Flight on Your or their preferred date or dates. 
• You and other Passengers should note and accept before purchase, that the reasonable timeframe to expect a flight service is dependent on finite Flight availability, which varies across weather seasons and with other variables, but at times may be several months in advance.
• When offered a place on the standby list, there may or may not be any Flight date options that become available for You and other Passengers to take up (being on the standby list does not in any way guarantee that a Flight place will become available).  If a standby place becomes available, You will be notified by Us.
• We do not refund tickets on a change of mind decision – whether prior to the first attempted Flight, or following multiple cancellations due to inclement weather or other conditions.
• You and other Passengers accept and understand that ballooning is a wind and weather dependent activity governed by strict aviation safety regulations.  You agree to make as many attempts as possible to reschedule your flight if it is cancelled by Us due to weather conditions or any other safety variable (if you choose to cancel your booking after this, conditions and fees will apply as per outlined in clause 4,6 and 7 of  these Terms).  If you do not agree to this, please contact Us within 24 hours of making your booking order.

4. Prices and Payment

Our prices are published via Our Booking System or are available upon request.  Our prices change from time to time. 

All payments made to Us are subject to the following non-refundable fees: 

• A booking administration fee of the greater of $50 or 15% of the total price of the Flights booked.
• Bank or financial institution fees or charges on debit or credit card payments. 
• Additional alteration, cancellation or reinstatement fees (as outlined in clause 6 and 7 of these Terms).

If We have offered and accepted a special or discounted booking for a Flight or Gift Voucher, such special offer is subject to the following: 

• The offer:
• is valid only for the initial period stated;
• must be claimed via our Booking System at the time of booking a Flight; and
• is not available in conjunction with any of Our pre-existing discounted or seasonal special offers.
• The payment for the offer is not refundable.
• We may, at our absolute discretion, agree to the transfer of a special or discounted booking to other prospective Passengers. 

5. Gift Vouchers

Gift vouchers are valid only for the period stated on the voucher, or for 3 years after issue if no such period is stated. 

You or a Passenger holding a gift voucher must fly within the time limit of the gift voucher expiry date.  It is Your or the Passenger’s responsibility to make as many attempts as necessary to fly before the voucher expiry.

You or a Passenger, holding a gift voucher, must book a Flight via our Booking System in accordance with clause 3 of these Terms and claim the benefit of the gift voucher at the time of booking. 

Payments for gift vouchers are not refundable.  We may, in our absolute discretion, agree to the transfer of a gift voucher.  Transferred gift vouchers retain the original expiry date.

6. If You Alter or Cancel a Flight Booking

The following will apply if You wish to alter the date of a scheduled Flight or cancel a Flight booking: 

• Alteration or cancellation 7 or more days prior to a scheduled Flight – Changes are permitted to be made.
• Alteration or cancellation between 72 hours and 7 days prior to a scheduled Flight – A fee of $150 per Passenger will be payable by You for any changes. 

• Alteration or cancellation within 72 hours of a scheduled Flight – Your payment for the proposed Flight or Flights will be forfeit to Us.  No refund or rescheduling is permitted.
• If applicable, We will hold payment in credit and offer alternative rescheduling dates (or refund if relevant to Your particular product type – as per clause 3), with any refund being subject to non-refundable fees (as per clause 4).  Refund, rescheduling or reinstatement timeframes and fees are as per clause 7 in these Terms.
• You may nominate an alternative Passenger to attend a scheduled Flight.  We will not charge any additional fee for such Passenger substitution. 

7. If We Alter or Cancel a Scheduled Flight

We may, in our absolute discretion, alter, delay, reschedule or cancel a scheduled Flight for safety considerations including as may arise due to apparent or forecast weather conditions, or any other relevant influencing factors.  This does not form the basis of a claim for any compensation.

If We alter or cancel a scheduled Flight, and You or Your Passengers have not required or caused that alteration or cancellation, the following will apply: 

• We will hold payment in credit and offer alternative rescheduling dates (or refund if relevant to Your particular product type You have chosen to purchase (as per clause 3, product types), with any refund being subject to non-refundable fees (as per clause 4).
• If eligible to receive a refund, the amount refundable to You is the price You paid for the scheduled Flight (less the non-refundable fee amounts set out in clause 4 in these Terms), and will be refunded to You within 14 business days.  To receive a refund in this instance if eligible, a request for a refund must be received in writing within 5 calendar days of the cancelled flight date (otherwise no refund is permitted, only a reschedule or a transfer into a gift voucher/s).
• We will endeavour, in consultation with You, to provide You or your Passengers with a rescheduled Flight. 
• Rescheduling must be done within 12 months of the cancelled flight date – this timeframe can be extended by an additional 12 months if necessary with a $150pp reinstatement fee payable.  Reinstatement fees are strictly non-refundable.

8. Flight Confirmation and Attendance by Passengers

We will send You a text or email on the day before the Flight.  Our text will advise the Flight schedule and ask You to confirm that You and the Passengers, for whom you have booked the Flight, will attend. 

If You fail to send the required Flight confirmation (by 6pm the day before the flight), and / or You (or any Passengers) fail to attend for the scheduled Flight on time): 

• We may cancel Your booking and the Flight.
• Your payment for the Flight will be forfeit to Us.  No refund or rescheduling is permitted.

Your payment for a Flight will also be forfeit to Us if You or a Passenger decides, for whatever reason, not to take a Flight at the scheduled time.  No refund or rescheduling is permitted. 

9. Re-fly

On very rare occasions, We may consider a Flight to be of poor quality.  This can happen due to unexpected atmospheric or weather conditions that become apparent to Us during a Flight.  In such a case We may, in our absolute discretion, offer You or affected Passengers an additional Flight, to take place at a later date, at a discounted price or free of charge. 

10. Liability

You acknowledge that hot air ballooning involves inherent risks, including but not limited to changing weather conditions, rough landings, and other operational factors.  Subject to these Terms, We may cancel or reschedule a flight at any time, including due to weather or safety concerns, and accept no liability for any resulting costs or losses – direct, indirect, consequential or incidental damages including but not limited to lost profits or savings, or damages for disappointment.

To the extent permitted by law, the We are not liable for any loss, damage, injury, or death arising from participation in Flights provided by Us.  This includes, without limitation, loss or damage to Your personal belongings.

Nothing in these Terms excludes any rights that You may have under the Competition and Consumer Act 2010 (Cth) or other applicable consumer laws.  Where permitted, We limit our liability to resupplying the Flight, or refunding to You the cost of doing so (depending on the product You have chosen to purchase).

11. Privacy

We will deal with Your information, and that applicable to all Passengers, in accordance with the Information Privacy Act 2009.

12. Photographs, Filming, Media

We may take photographs or videos during the Flight for promotional purposes.  We may provide copies of these to Passengers after a Flight.  

We may use any media obtained during the Flight in any form and for any commercial purpose. 

13. Subcontracting

We may subcontract the provision of any Flight or associated service. 

14. Governing Law

The laws of Queensland apply to these Terms.