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Terms of Sales

The present conditions of sale are concluded on the one hand by the SARL Compagnie des Ballons with a capital of 20 000 euros whose head office is located at 45 route de sasserot in la Balme de Sillingy (74), registered in the register of commerce and companies of ANNECY, under the number SIREN 530 333 475 00016 hereafter called “Compagnie des Ballons” and on the other hand, by any person or entity wishing to proceed to a purchase via the Internet site of “Compagnie des Ballons” hereafter called “the purchaser”.

Subject

The present general conditions of sale are deemed to be known and accepted by the passengers of the balloon company. The order implies acceptance of these conditions. The present conditions of sale aim at defining the contractual relations between Compagnie des Ballons and the buyer and the conditions applicable to any purchase made through the Compagnie des Ballons’ commercial site. The acquisition of a good or a service through the present site implies an acceptance without reserve by the buyer of the present conditions of sale. These conditions of sale will prevail over any other general or particular conditions not expressly approved by Compagnie des Ballons. Compagnie des Ballons reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.

Article 1 – Characteristics of the goods and services offered

The products and services offered are those listed on the website of Compagnie des Ballons.

Article 2 – Prices

The prices appearing on the site are prices including VAT in euro taking into account the VAT applicable on the day of the order; any change of the rate could be reflected on the price of the products or services. Compagnie des Ballons reserves the right to modify its prices at any time, it being understood however that the price appearing on the site on the day of the order will be the only one applicable to the buyer. The prices indicated include the aeronautical civil liability insurance as well as the order processing and delivery costs.

Article 3 – Formulas

The different flight formulas are defined on the company’s website. The company undertakes to carry out the services in accordance with the published description. These are fixed between the order and the realization. These formulas can be modified or no longer be proposed for any reason whatsoever. These can evolve according to the possibilities and with the agreement of the provider.

Article 4 – Reservations

In order for the reservation to be taken into account, customers must either pay the full price of the service, or pay a deposit by check or any other means of payment. The balance must be paid before the flight.

Article 5 – Confirmations

Customers must contact the company to verify the possibility of flying and validate the meeting place the day before the flight between 5:30 and 7:00 pm. If the customer does not show up or if he shows up after the deadline for boarding, the service will be considered completed and no postponement or refund will be possible.

Article 6 – Cancellations / postponement

Due to the company:

In case of unfavorable weather conditions, the pilot can decide at any time to cancel the flight. He is the sole judge of this decision. The tickets can be

– Either postponed to a later date, customers will have to book again on the company’s website,

– Or cancelled, the deposit will be refunded without any fees.

In the case of a gift ticket, it will be postponed for the entire period of validity of the ticket but will not be refunded under any circumstances. In case of cancellation at the take-off site, any expenses incurred by the customer will not be refunded by the company.

Due to the customer:

In the case of a gift ticket, no cancellation is possible. In the case of other tickets, if the cancellation occurs

– 20 days or more from the date booked, the deposit will be returned with a 10 € deduction for administrative costs,

– From 10 days to 19 days, 80% of the deposit will be returned,

– From 3 days to 9 days, 50% of the deposit will be returned,

– After 72 hours, the flight will be deemed to have taken place and the deposit will not be returned.

Article 7 – Flight conditions

Depending on the weather conditions, flights may be delayed or cancelled. The pilot is the sole judge of the flight departure.

Article 8 – Modifications of the service

For any reason whatsoever, the company can modify at any time the place of meeting or takeoff and will remain master of the choice of the balloon used for the flight.

Article 9 – Rules on board

The pilot is the only master on board the balloon. He has the right to take any decision to postpone or cancel the flight. He can decide at any time to interrupt a service for safety reasons. A service will be considered as completed if it is longer than 40 minutes of flight. As captain, he can reserve the right not to embark a passenger if his presence could represent a risk for himself, for the rest of the passengers or for the crew.

Article 10 – Insurance

The company Compagnie des Ballons has taken out a civil liability insurance policy covering aeronautical risks (Montreal Convention) with the company SAAM VERSPIEREN GROUP for the following amount of guarantees:

  1. The guarantee provided is in accordance with the regulation 785/2004 relating to the limits of liability towards third parties and passengers
  2. The maximum limits of coverage including acts of war and terrorism, hijacking, acts of sabotage, illegal seizures, social movements are:

– Liability towards passengers: 250,000 SDR per passenger

– Liability towards third parties: 3,000,000 SDR

The company cannot be held responsible for any damage to passengers’ personal belongings, for any reason whatsoever.

Article 11 – Purchase of tickets

The purchase of tickets is done via our website or through resellers duly accredited by the company.

Article 12 – Dress code

Appropriate clothing is recommended: sports or hiking clothes and shoes, cap, …. The company compagnie des ballons will not be responsible in any way for any damage caused to clothing or any other accessory lost or damaged during the service.

Article 13 – Sites and routes

The places of take-off will be defined by the pilot to offer the customer the best flight in optimal safety conditions. The routes are subject to the strength and direction of the wind, they can not be planned in advance.

Article 14 – Medical fitness

Due to the nature of the proposed activity, travelers must be in good general health. Pregnant women are not allowed to fly on board our gondolas.

Article 15 – Transport tickets

Tickets must be presented to the pilot before the flight. A passenger without a ticket will not be allowed to board the balloon. This ticket serves as proof of insurance for the passenger. In case of a group ticket allowing to benefit from a tariff advantage, the passengers must present themselves together.

Article 16 – Payment method

Payment for services can be made online on the website www.compagniedesballons.com, by check, by bank transfer or in cash, the balance being paid at the latest on the day of the service. Only euros are accepted.

Article 17 – Subcontracting

The company Compagnie des Ballons can subcontract its services. It will inform the customer at the latest the day before the service.

Article 18 – Children

Children are considered as such from 8 to 12 years old included in the date of order. Children under 8 years old cannot be accepted on board the balloons. Each child must be supervised by at least one adult who will be responsible for them.

Article 19 – Ticket validity

– Gift ticket: this ticket is valid for 1 year from the date of issue.

– Ticket ready to fly: These are valid for a maximum of 4 flight proposals. If the customer does not wish to embark after the 4th proposal, the ticket will be automatically cancelled and the deposit will not be refunded.

Article 20 – Online sales

Article 20-1 – Orders

The buyer, who wishes to buy a product or a service must

– Fill in the identification form on which he will indicate all the requested details,

– fill in the online order form giving all the references of the chosen products or services,

– validate his order after having checked it,

– make the payment in accordance with the conditions provided,

– confirm the order and payment.

The confirmation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The seller will communicate by e-mail confirmation of the order recorded.

Article 20-2 – Withdrawal

Buyers, non-professional individuals, have a withdrawal period of seven days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for the cost of return.

Article 20-3 – Terms of payment

The price is due at the time of order. Payments will be made by credit card; they will be made through the secure system of Société Générale which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by a software and that no third party can take cognizance of it during transport on the network. The buyer’s account will only be debited when the available products or services are shipped and only for the amount of the products or services sent or downloaded. At the request of the buyer, he will be sent a paper invoice showing the VAT.

Article 20-4 – Deliveries

Deliveries are made to the address indicated in the order form. The risks are the responsibility of the buyer from the moment the products have left the premises of Compagnie des Ballons.

Article 20-5 – Responsibility

The seller, in the process of selling online, is only bound by an obligation of means; His responsibility can not be engaged for damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or other unintended problems.

Article 20-6 – Intellectual property

All the elements of the site www.compagniedesballons.com are and remain the intellectual and exclusive property of Compagnie des Ballons. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site whether they are software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of Compagnie des Ballons.

Article 20-7 – Right of reproduction

Any right of reproduction of the brand, the image or the photos published on the website is prohibited.

Article 20-8 – Personal data

In accordance with the law relating to data processing, the files and freedoms of January 6, 1978, the information with personal character relating to the purchasers could be the subject of an automated treatment. Compagnie des Ballons reserves the right to collect information on the purchasers including by using cookies, and, if it wishes it, to transmit to commercial partners the collected information. The buyers can oppose the disclosure of their details by notifying Compagnie des Ballons. In the same way, the users have a right of access and of correction of the data concerning them, in accordance with the law of January 6, 1978. The automated processing of information, including the management of email addresses of users of the site has been declared to the CNIL on August 8, 2014 registered under number 1786921v0

Article 20-9 – Archiving – Proof

Compagnie des Ballons will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers of Compagnie des Ballons will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 21 – Settlement of disputes

The amicable settlement of any dispute will be privileged. The present conditions of sale are subject to French law. In the event of a dispute, jurisdiction is given to the competent courts of ANNECY, notwithstanding multiple defendants or the introduction of third parties.

January 1st, 2020