Silver Vouchers

VOUCHER PURCHASE AND VALIDITY

1. Hot air balloon flight vouchers are subject to these terms and conditions. The vouchers can be bought from us by telephone, fax, on line or using our standard booking form or from various retail outlets.
2. Subject to paragraphs 7 to 9, this voucher will entitle you to participate in a hot air balloon flight comprising:
   
   • a pre-flight briefing from the pilot
   • approximately 1 hour's flying time, subject to weather conditions and safety and legal compliance
   • drinks after the flight and an opportunity to discuss the flight with your pilot
   • your personalised commemorative certificate.
3. This voucher is valid for a period of 12 months from the date on which you buy it 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 it, unless you have booked flights on at least three occasions during the period and they have been postponed or cancelled by us or our pilot or the validity period of your voucher is extended under paragraphs 14, 17 or 21.
4. The purchase price of this voucher must be paid for in cash or by credit or debit card or cheque (with a valid bankers' card) when the voucher is bought. This voucher is not redeemable for cash.
5. The face value of this voucher may not necessarily reflect the purchase price paid due to any special offer that may be applicable.

VOUCHER REFUND

6. We will refund you the purchase price of this voucher (note clause 5) if you do not fly on 5 booked dates because the flights are cancelled under paragraph 19 and if you notify us in writing within 21 days of the date of the last attempt
   that you want a refund instead of flying. The refund will be made within 14 days after we receive your notification.

MERCHANDISE PACK

7. 7. You may, if you wish, instead of participating in a flight under paragraph 2 and provided that you have not booked or attempted to book a flight, choose to receive our merchandise pack, which comprises the following Virgin Balloon flights branded products: 2 champagne flutes, 2 mugs, 5 key rings, 5 pens, 1 baseball cap and 2 polo shirts (in either black or white and in a size of either medium, large or extra-large, subject to availability). If you do decide to receive that merchandise pack, we will pay for the postage and packing in sending it to you at an address within the United Kingdom.
   
8. If you do wish to receive the merchandise pack under paragraph 7, you must notify us of that by telephone or in writing within the 3 month period referred to in paragraph 12, in which case you will cease to be entitled to participate
   in a flight under paragraph 2 and your merchandise pack will be posted by us to you at the address within the United Kingdom that you give us at that time. We will use our reasonable endeavours to post it to you within 28 days after the
   date on which we receive your notification that you wish to receive a merchandise pack.
   
9. You must notify us in writing:
   
   (a) of any claim regarding the quantity or condition of goods comprised in the merchandise pack delivered or any damage to them within 5 days of delivery; and
   
   (b) of any claim regarding any defect which should be apparent on reasonable inspection within 15 days of delivery. Notification will not be valid if it is given on a delivery document and will only be effective if given within those time
   periods. If no such notice is given, so far as concerns those matters you will be deemed to have accepted those goods and that they comply with the contract.
   

BOOKING

10. When you contact us please quote the voucher number on this voucher.
    
11. The flight will start at one of the launch sites shown in the wallet accompanying this voucher, but we reserve the right to change, without notice, your booked site, time and date under paragraph 19. Flights can be taken between 1 March and 31 October each year, subject to weather conditions and any other period(s) decided by us. The pilot of the flight will decide the duration and direction of the flight and landing place, subject to safety and legal requirements.
    
12. You must telephone us within 3 months of the purchase date of your voucher (or of any other commencement date for your voucher agreed between you and us) to book the date on which you are to take your flight. That date should be
    within 6 months of the purchase date of your voucher or any other agreed commencement date for your voucher.
    
13. If you do not comply with paragraph 12, you may not be able to take your flight within the validity period of your voucher, although we will use our reasonable endeavours to arrange for you to do so during the validity period. The validity period will not be extended, nor will any refund be made, in these circumstances.
    
14. We will try to arrange for you to start your flight at your selected launch site on a date and at the time you choose. However, bookings will be subject to availability and may be changed by us without notice for reasons beyond our
    reasonable control. We will contact you if we do so to make another booking and will extend the validity period of your voucher if necessary.
    
15. YOU MUST BRING YOUR VOUCHER WITH YOU WHEN YOU COME FOR YOUR FLIGHT AND GIVE IT TO THE PILOT. FAILURE TO DO SO WILL RESULT IN NO FLIGHT BEING PROVIDED, AND YOU WILL NOT BE ENTITLED TO A REFUND OR TO RE-BOOK.
    

POSTPONEMENT BY YOU

16. You can postpone taking your flight after you have booked it provided you contact us to do so at least 15 working days before the booked date and re-book for an available date which is no later than 2 months after the date on which you request the postponement and is within the validity period of your voucher.
    
17. If you are unable to take part in your flight during the validity period of the voucher because you are pregnant, we will extend the period by 9 months from the date on which you first notify us that you are pregnant.
    
18. If you do not participate in your flight on the booked date then, unless you have postponed it in accordance with paragraph 16or paragraph 17 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 under
    paragraph 19.
    

CANCELLATION OR POSTPONEMENT BY US OR THE PILOT

19. We or your pilot may at our or his discretion cancel your flight for any booked date or alter its time without notice because of matters beyond our or his 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.
    
20. To check that your flight has not been delayed or cancelled, you must telephone the booking confirmation telephone number given on your booking confirmation letter after 8:00pm on the evening before the booked date for an a.m. flight or during the morning of the booked date for a p.m. flight. You may be advised of different times to telephone.
    
21. If your flight on any booked date is cancelled under paragraph 19, unless you decide to receive a refund in accordance with paragraphs 5 and 6, you must re-book for a date and time within your voucher's
    validity period. If it is not possible to take your flight during that period, we will extend it for such further
    period as we in our reasonable discretion decide.

THE FLIGHT AND HEALTH AND SAFETY

22. 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.
    
23. 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, as the case may be, continue your flight. No refund will be payable in these circumstances nor will you be able to re-book your flight.
    
24. When you take part in your flight you must be at least 7 years old and, if you are not then 16 years old, you will only be allowed to participate at your pilot's discretion and if you are accompanied by a responsible adult. You must also be at least 4' 6'' tall to be able to see over the balloon basket. If your pilot does not allow you to take part in these circumstances, we will refund the purchase price of your voucher within 30 days of the date of refusal but will have no further liability to you arising from your not having your flight.
    
25. 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 or 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.
    
26. If the flight has to be cut short because your pilot refuses to allow you to continue with your flight under paragraph 25, 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. That will include any liability we incur to any other passengers on the flight arising from the curtailment, including the cost and loss of providing them with another hot air balloon flight free of charge.

LIABILITY

27. 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 or failure of any equipment.
    
28. 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.

INTERPRETATION

29. In these terms and conditions and the accompanying AirXcite' voucher wallet:
    
    (a) "We/us" means AirXciteLimited of Unit 1, Wembley Commercial Centre, East Lane, Wembley, Middlesex HA9 7UR.
    
    (b) "You" means the original purchaser of this voucher or, if he/she gives this voucher to someone else before he/she receives the flight and informs us in writing that he/she has done so and of that person's name, address and telephone number, that other person. The terms and conditions referred to in paragraph 30 will apply to that other person. This voucher only entitles one person to participate in the flight.

TERMS AND CONDITIONS OF CONTRACT

30. These terms and conditions and those set out in the accompanying voucher wallet and any brochures relating to hot air balloon flights issued by us which are current at the time you buy your voucher contain all of the terms and
    conditions of the contract between you and us in relation to this voucher 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 variation 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.
    
31. If you have not received a copy of the terms and conditions referred to in paragraph 30 before you purchased your voucher then, unless you notify us in writing within 14 days of the voucher purchase date that any of those terms and conditions is not accepted by you, you will be deemed to have accepted all of them. If you do 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 written notice. In that case, the voucher will no longer be valid and, if you return it to us within 30 days of the termination date, we will reimburse the purchase price of the voucher within 30 days of our receiving it.

MISCELLANEOUS

32. Nothing in these terms and conditions or the voucher wallet or any brochure issued by us will affect any of your legal rights as a consumer under any applicable legislation.
    
33. The provisions of these terms and conditions are separate, and if any provision or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that will not affect any other provisions or the
    remainder of the relevant provision.
    
34. If you or we do not promptly enforce our rights in relation to the contract, that will not in any way affect any of our or your rights in respect of the contract, and any waiver of any breach of the contract by you or us must be agreed to
    in writing by whichever of you or us is granting the waiver.
    
35. The laws of England and Wales will apply to the contract and all claims and proceedings arising in connection with it will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
    
36. Any notice to be given under the contract must be in writing and will be effectively given if it is handed to you (if you are an individual) or is personally delivered or sent to you by pre-paid first class post at the address which you have given us. Any notice from you to us will be effectively served if it is personally delivered or sent by pre-paid first class post to us at Unit 1, Wembley Commercial Centre, East Lane, Wembley, Middlesex HA9 7UR or any other address we notify to you.

AirXciteLimited
Registered in England under Company no. 03487563
Registered office: Unit 1, Wembley Commercial Centre, East Lane, Wembley, Middlesex HA9 7UR.