These Terms and Conditions govern
your use of the Virgin Balloon Flights website (Virgin
Balloon Flights Site) and your relationship with Virgin
Balloon Flights (virginballoonflights.co.uk, we or us).
Please read them carefully as they affect your rights
and liabilities under the law. If you do not agree to
these Terms and Conditions, please do not register for
or use the Virgin Balloon Flights Site.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY
RIGHTS.
1. Use of the Virgin Balloon Flights Site
The Virgin Balloon Flights Site is provided to you
free of charge for your personal use subject to these
Terms and Conditions. By using the Virgin Balloon
Flights Site you agree to be bound by these Terms
and Conditions.
2. Amendments
We may update these Terms and Conditions from time
to time and any changes will be notified to you via
a suitable announcement on the Virgin Balloon Flights
Site. The changes will apply to the use of the Virgin
Balloon Flights Site after we have given notice. If
you do not wish to accept the new Terms and Conditions
you should not continue to use the Virgin Balloon
Flights Site. If you continue to use the Virgin Balloon
Flights Site after the date on which the change comes
into effect, your use of the Virgin Balloon Flights
Site indicates your agreement to be bound by the new
Terms and Conditions.
3. Customer Registration
You must ensure that the details provided by you on
customer registration or at any time are correct and
complete.
You must inform us immediately of any changes to
the information that you provided when registering
by updating your personal details. You can update
your personal details by sending an email, including
your email address and your account name to sales@virginballoonflights.co.uk.
4. Password and security
When you register to use the Virgin Balloon Flights
Site you will be asked to create a password. You must
keep this password confidential and must not disclose
it or share it with anyone. You will be responsible
for all activities and orders that occur or are submitted
under your password. If you know or suspect that someone
else knows your password you should notify us by contacting
us by telephone 0870 420 7300 or by email to sales@virginballoonflights.co.uk
immediately.
If Virgin Balloon Flights has reason to believe that
there is likely to be a breach of security or misuse
of the Virgin Balloon Flights Site, we may require
you to change your password or we may suspend your
account in accordance with paragraph 13 below.
5. Excluded Services
The services provided by the Virgin Balloon Flights
Site do not include the provision of computer or other
necessary equipment to access the Virgin Balloon Flights
Site. To use the Virgin Balloon Flights site you will
require Internet connectivity and appropriate telecommunication
links. We shall not be liable for any telephone or
other costs that you may incur.
6. Intellectual property
The content of the Virgin Balloon Flights Site is
protected by copyright, trade marks, database and
other intellectual property rights. You may retrieve
and display the content of the Virgin Balloon Flights
Site on a computer screen, store such content in electronic
form on disk (but not any server or other storage
device connected to a network) or print one copy of
such content for your own personal, non-commercial
use, provided you keep intact all and any copyright
and proprietary notices. You may not otherwise reproduce,
modify, copy or distribute or use for commercial purposes
any of the materials or content on the Virgin Balloon
Flights Site without written permission from Virgin
Balloon Flights.
No licence is granted to you in these Terms and Conditions
to use any trade mark of Virgin Balloon Flights or
any affiliated companies.
7. Limitations
You may not use the Virgin Balloon Flights Site for
any of the following purposes:
- disseminating any unlawful, harassing, libellous,
abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material
- transmitting material that encourages conduct that
constitutes a criminal offence, results in civil liability
or otherwise breaches any relevant laws, regulations
or code of practice
- gaining unauthorised access to other computer systems
-
interfering with any other person's use or enjoyment
of the Virgin Balloon Flights Site
- breaching any laws concerning the use of public telecommunications
networks
- interfering or disrupting networks or web sites connected
to the Virgin Balloon Flights Site
- making, transmitting or storing electronic copies
of materials protected by copyright without the permission
of the owner
Virgin Balloon Flights reserves the right to refuse
to post material on the Virgin Balloon Flights Site
or to remove material already posted on the Virgin
Balloon Flights Site.
You will indemnify us against all losses, liabilities,
costs and expenses reasonably suffered or incurred
by us, all damages awarded against us under any judgment
by a court of competent jurisdiction and all settlements
sums paid by us as a result of any settlement agreed
by us arising out or in connection with:
- any claim by any third party that the use of the
Virgin Balloon Flights Site by you is defamatory,
offensive or abusive, or of an obscene or pornographic
nature, or is illegal or constitutes a breach of any
applicable law, regulation or code of practice;
- any claim by any third party that the use of the Virgin
Balloon Flights Site by you infringes that third party's
copyright or other intellectual property rights of
whatever nature; and
- any fines or penalties imposed by any regulatory,
advertising or trading body or authority in connection
with the use of the Virgin Balloon Flights Site by
you.
8. Availability of the Virgin Balloon Flights Site
Although Virgin Balloon Flights aims to offer you
the best service possible, Virgin Balloon Flights
makes no promise that the services at the Virgin Balloon
Flights Site will meet your requirements. Virgin Balloon
Flights cannot guarantee that the service will be
fault free. If a fault occurs in the service you should
report it to sales@virginballoonflights.co.uk and
we will attempt to correct the fault as soon as we
reasonably can.
Your access to the Virgin Balloon Flights Site may
be occasionally restricted to allow for repairs, maintenance
or the introduction of new facilities or services.
Virgin Balloon Flights will attempt to restore the
service as soon as it reasonably can.
9. Virgin Balloon Flights' right to suspend or cancel
your registration
Virgin Balloon Flights may suspend or cancel your
registration immediately at our reasonable discretion
or if you breach any of your obligations under these
Terms and Conditions.
You can cancel this agreement at any time by informing
us in writing. If you do so, you must stop using the
Virgin Balloon Flights Site.
The suspension or cancellation of your registration
and your right to use the Virgin Balloon Flights Site
shall not affect either party's rights or liabilities.
Paragraphs 6, 7 and 10 of these Terms and Conditions
shall survive cancellation.
10. Virgin Balloon Flights' liability
The Virgin Balloon Flights Site is provided by Virgin
Balloon Flights without any warranties or guarantees.
You must bear the risks associated with the use of
the Internet.
The Virgin Balloon Flights Site provides content
from other Internet sites or resources and while Virgin
Balloon Flights tries to ensure that material included
on the Virgin Balloon Flights Site is correct, reputable
and of high quality, it cannot accept responsibility
if this is not the case. Virgin Balloon Flights will
not be responsible for any errors or omissions or
for the results obtained from the use of such information
or for any technical problems you may experience with
the Virgin Balloon Flights Site. If Virgin Balloon
Flights is informed of any inaccuracies in the material
on the Site we will attempt to correct the inaccuracies
as soon as we reasonably can.
In particular, we disclaim all liabilities in connection
with the following:
- incompatibility of the Virgin Balloon Flights Site
with any of your equipment, software or telecommunications
links
- technical problems including errors or interruptions
of the Virgin Balloon Flights Site
- unsuitability, unreliability or inaccuracy of the
Virgin Balloon Flights Site
- inadequacy of the Virgin Balloon Flights site to meet
your requirements
To the full extent allowed by applicable law, you
agree that we will not be liable to you/or any third
party for any consequential or incidental damages
(including but not limited to loss of revenue, loss
of profits, loss of anticipated savings, wasted expenditure,
loss of privacy and loss of data) or any other indirect,
special or punitive damages whatsoever that arise
out of or are related to the Virgin Balloon Flights
Site.
Nothing in this paragraph applies to Virgin Balloon
Flights' liability in respect of products sold through
the Online Shop.
Nothing in these Terms and Conditions shall exclude
Virgin Balloon Flights liability for personal injury
or death caused by its negligence.
Our acceptance of an order takes place on despatch
of the order, at which point the purchase contract
will be made and you will be charged for your order.
11. Third Party Websites
As a convenience to Virgin Balloon Flights' customers,
the Virgin Balloon Flights Site includes links to
other web sites or material which are beyond its control.
Virgin Balloon Flights is not responsible for content
on the Internet or World Wide Web or any other site
outside the Virgin Balloon Flights Site.
12. Advertising and Sponsorship
Part of the Virgin Balloon Flights Site may contain
advertising and sponsorship. Advertisers and Sponsors
are responsible for ensuring that material submitted
for inclusion on the Virgin Balloon Flights Site complies
with relevant laws and codes. We will not be responsible
for any error or inaccuracy in advertising and sponsorship
material.
13. Applicable Law
These Terms and Conditions shall be governed by and
construed in accordance with the laws of England and
any disputes will be decided only by the English courts.
14. International Use
Virgin Balloon Flights makes no promise that materials
on the Virgin Balloon Flights Site are appropriate
or available for use in locations outside the United
Kingdom, and accessing the Virgin Balloon Flights
Site from territories where its contents are illegal
or unlawful is prohibited. If you choose to access
this site from locations outside the United Kingdom,
you do so on your own initiative and are responsible
for compliance with local laws.
15. Expiry Date on Payment Card
Please ensure that the expiry date of your payment
card is after the anticipated despatch date of your
order. Payment is taken at the point of despatch for
goods and in the event that the payment card has expired
we will be unable to take payment and fulfil your
order.
16. Miscellaneous
You may not assign, sub-license or otherwise transfer
any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is
found to be invalid by any court having competent
jurisdiction, the invalidity of that provision will
not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain
in full force and effect.
If you breach these Terms and Conditions and Virgin
Balloon Flights ignores this, Virgin Balloon Flights
will still be entitled to use its rights and remedies
at a later date or in any other situation where you
breach the Terms and Conditions.
Virgin Balloon Flights shall not be responsible for
any breach of these Terms and Conditions caused by
circumstances beyond its control.
A person who is not a party to these Terms and Conditions
shall have no right under the Contract (Rights of
Third Parties) Act 1999 to enforce any term of these
Terms and Conditions but this shall not affect any
right or remedy of a third party which exists or is
available apart from that Act.
The Virgin Balloon Flights is owned and operated
by AirXcite Limited, a company registered in England
and Wales whose registered office is at 1/1, Wembley
Commercial Centre, East Lane, Wembley, Middlesex HA9
7UR.
If you have any queries please contact sales@virginballoonflights.co.uk
Company Registration No. 03487563
VAT No. 710309285