Terms and conditions of sale

PREAMBLE All transport and other services provided by Beaune-Montgolfière are governed by : – The General Terms and Conditions of Sale (GTCS) – The applicable prices – The applicable regulations, which are deemed to form an integral part of these terms and conditions. Air Bourgogne Montgolfière specializes in passenger air transport, and holds an Air Carrier Certificate (N° 5110Z) issued by the Direction Générale de l’Aviation Civile (DGAC), and is registered with the Centre National des Professionnels et Partenaires de l’Aérostation (CNPPA). 1/ CONDITIONS OF SALE The subscriber of the order declares that he/she is aware of and accepts the general sales conditions. The order implies acceptance of these conditions, both for the subscriber and for the passengers named on his/her order. These conditions are contracted by the purchaser, but the ticket may be passed on to someone else as a gift, provided that we are informed of this. We then consider that the owner of the ticket accepts our conditions of sale. If you buy a ticket through one of our intermediaries, our conditions apply. 2/ RATES Our rates are valid from January 1, 2022 and are subject to change at any time without notice. Our rates include air and ground transportation liability insurance for a fee, as well as flight performance. Rates do not include accommodation and catering, or transportation to the meeting point. Tickets are valid for 1 year from the date of purchase. If the validity date is exceeded, the ticket will be cancelled. However, an extension of the ticket for a further year may be offered at a cost of 100 euros (€100). 3/ FORMULAS a) “Discovery Flight” ticket This formula requires passengers to choose a date to validate their booking, which they must specify on the order form after consulting Beaune-Montgolfière’s availabilities. Passengers are contacted by telephone two days before the scheduled flight date for a weather check. If the flight is maintained, the passenger will be contacted again the day before the flight for a new weather briefing and confirmation of the meeting time. The decision to postpone the flight due to weather conditions rests solely with Beaune-Montgolfière, and only as often as the safety of the flight is in question. When the flight has to be postponed due to weather conditions, the passenger will have to choose another date to schedule the flight, in agreement with Beaune Montgolfière’s availability. The passenger can postpone the flight on his own initiative up to a maximum of 2 times. b) “Exclusive Duo Flight” ticket This formula, like the “discovery flight”, requires passengers to choose a date to validate their booking, which they must specify on the order form after consulting Beaune-Montgolfière’s availabilities. Passengers are contacted by telephone two days before the scheduled flight date for a weather check. If the flight is to take place, passengers will be contacted again the day before the flight for a new weather briefing and confirmation of the meeting time. The decision to postpone a flight due to weather conditions rests solely with Beaune Montgolfière, and only as often as the safety of the flight is in question. When the flight has to be postponed due to weather conditions, passengers will have to choose another date to schedule the flight, in accordance with Beaune Montgolfière’s availability. c) Night Flight ticket The specific nature of this flight implies unreserved acceptance of the conditions proposed by Beaune-Montgolfière. The timetable for this flight imposes strict attendance at the time and place set by Beaune-Montgolfière. Any delay of more than 15 minutes, ¼ of an hour, without having previously notified Beaune-Montgolfière by phone, may result in the cancellation of the flight, and the financial loss of the flight. Unless Beaune-Montgolfière has been informed by telephone of the possible delay, at the latest 15 minutes before the scheduled time, ¼ hour, before the time of this appointment, the flight may be delayed and maintained. Any “NO-SHOW”, i.e. non-attendance without justification, will result in the loss of the entire ticket, with no recourse to financial or other compensation. If passengers have taken out cancellation insurance and paid the full price of their ticket before the flight, and if they are notified at least 72 hours before the flight and at most 24 hours before the flight, “night flight” tickets may be refunded in full, less the cost of cancellation insurance. Under no circumstances can Beaune-Montgolfière be held responsible for the absence of stars, the moon during the night, or the sun at dawn. Beaune-Montgolfière undertakes to take all meteorological measures and information, but cannot be held responsible in the event of cloud formation or the presence of mist or fog preventing any visibility whatsoever. As meteorology is not an exact science, passengers must accept the possibility of this eventuality. 4/ INSURANCE Risks are covered for amounts comparable to those required by the Montreal Convention. Objects carried by passengers are not covered by our insurers, nor is damage to your clothing, suicide or intentional injury. It is the passenger’s responsibility to take out additional insurance if necessary. Medical conditions: We are not qualified to judge the fitness of our passengers for a flight. It is up to them to seek advice from the appropriate people in case of doubt. We regret that we are unable to embark pregnant women over 3 months pregnant. NB: Carrycots are not equipped with seats. Children: We do not accept children under the age of 6 and/or less than 1.30m tall. All children under 12 must be accompanied by an adult responsible for them. It is the contractor’s responsibility to inform us of the child’s exact age. 5/ DISPUTES Any dispute, contestation, failure to pay or difficulty of any kind relating to our services will be subject to the jurisdiction of the Commercial Court of Beaune, with the sole exception of cases subject to the rules of public order jurisdiction. 6/ RESERVATION Reservations are taken into account upon payment. Tickets entitle the holder to the service, which includes preparation of the hot-air balloon, the flight in a hot-air balloon known as “Montgolfière” and the return to the meeting point by vehicle. Our prices include civil liability insurance for land and air transport. All payments imply acceptance of these terms and conditions of sale. 7/ BOARDING CONDITIONS No one has the right to board without a valid ticket. A valid ticket can only be issued after full payment of the corresponding price, possibly increased by the price of the insurance taken out. Only the ticket issued by Beaune-Montgolfière will be accepted for boarding. As an air carrier, Beaune-Montgolfière is subject to the rules and limitations of liability laid down by the Montreal Convention and any convention modifying it, applicable in France. Our pilots are the sole masters on board, and as such have authority over all persons on board. They have the right to refuse boarding or to disembark any person or any part of the load which may present a danger or a lack of safety to persons (on the ground or) on board, such as pregnant women, young children or persons with a physical or psychological handicap which may impair flight. Beaune-Montgolfière cannot be held responsible in the event of an incident occurring without the persons in charge having been duly informed (in writing) of these handicaps. The pilot is the sole judge as to whether or not he can take on board a passenger with a medical condition described and recorded in writing in the flight ticket reservation. The information given by passengers, surname, first name, weight, age and state of health must be accurate. Any false declaration may result in cancellation of the ticket without compensation. 8/ FLIGHT CONFIRMATION Passengers must inform themselves of the time and place of their flight, and then contact Beaune-Montgolfière to confirm their flight at the latest the day before between 5 and 7 p.m. for the next morning’s flight, and the same day between 12 and 2 p.m. for the evening’s flight. Cancellation by Beaune-Montgolfière Beaune-Montgolfière reserves the right to cancel a flight due to bad weather conditions, insufficient safety conditions or insufficient passengers. In the extreme case that the flight has to be cancelled on the same day, Beaune-Montgolfière cannot be held responsible for any expenses incurred by customers to get to the meeting point (accommodation, catering and travel). 9/ SERVICE MODIFICATION Beaune-Montgolfière may, for any safety reason or in the interest of the flight, change the launch site or balloon. 10/ CANCELLATION OF RESERVATION OR PASSENGER’S NON-ATTENDANCE Without confirmation of the passenger’s participation (text message, e-mail) with his/her name and ticket number, within 48 hours of the date chosen and pre-booked by him/her (the passenger), his/her seat can no longer be held and will be assigned to another passenger without any possibility of reimbursement. 11/ AUTHORIZATION TO PUBLISH PHOTOS During the flight, photos may be taken and published on the site. In case of refusal, please contact Beaune-Montgolfière. 12/ IMAGE DISTRIBUTION RIGHTS The Beaune-Montgolfière team offers “souvenir” photos of the flight to its passengers and reserves the right to display them on its website “Beaune-Montgolfiere.com”, FaceBook, Trip Advisor and any other site that may be used to promote hot-air balloon flights. Beaune-Montgolfière does not sell, rent or lease the images taken by its team to any third party. Passengers whose faces appear accept their distribution without recourse against Beaune-Montgolfière. Acceptance of the GCS includes this agreement. Nevertheless, Beaune-Montgolfière may withdraw any image deemed inappropriate by a customer without the latter being able to claim anything in terms of compensation or retribution. This request to remove an image must be made in writing by recorded delivery to Beaune-Montgolfière, which undertakes to remove it as soon as possible. 13/ CANCELLATION BY THE PASSENGER Cancellation of participation in a scheduled flight must be made at least 72 hours before the scheduled time of departure in order to benefit from a postponement. The flight ticket is valid for one year. Beaune-Montgolfière offers a “guarantee-annualtion” to its passengers. The guarantee is nominative. This insurance option is offered to visitors who are unable to reschedule their flight (due to geographical distance or any other medical problem, etc.). Any cancellation made between 72 hours and the scheduled meeting time will result in the cancellation of the ticket, except for those who have taken out cancellation insurance. This insurance provides a full refund of the ticket price (if paid in full beforehand) if the flight cannot take place due to weather conditions or Beaune-Montgolfière’s fault, without the passenger being able to claim any financial or other compensation. In the event of flight impossibility, the passenger will be offered another date for the flight, and in the event of refusal will be reimbursed the ticket price paid within a maximum of 15 days. Ballooning is totally dependent on the weather. The company reserves the right to change the take-off site, or to cancel a flight up to the moment of take-off, due to bad weather conditions, unfavorable wind directions, a technical incident endangering the safety of the passengers and the pilot, or if there is not a minimum of 4 passengers registered in total. The Company is not liable for any costs incurred by its customers in the event of cancellation of a flight by the Company. When a flight is cancelled at the Company’s discretion for weather or flight safety reasons, the passenger must rebook for another flight, in accordance with these General Terms and Conditions, and may not be reimbursed for the cost of his or her ticket, which is exchangeable only, unless he or she has purchased a ticket with a weather cancellation option. a) Cancellation for individual customers: in the event of cancellation by the customer within 7 days prior to the flight or in the event of non-attendance by the customer on the day of the flight, the ticket will be deemed to have been used up. b) Cancellation for groups : If the cancellation is made 15 days before the flight, only 50% will be refunded. Tickets are forfeited to Art Montgolfières if the cancellation is made within 7 days of the flight. The ticket with weather cancellation option is the only refundable ticket in the event of flight cancellation for weather or flight safety reasons. It can be reimbursed on written request to the Company’s office, at the Company’s address: Air Bourgogne Montgolfiere 15 rue du moulin landin 21190 MEURSAULT.