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Version Date: Sunday, 24 July 2022

1.     Definitions

In these Terms and Conditions:

  1. Associated Services means any ancillary services provided, or to be provided to the Passenger in connection with the Services, including breakfast and accommodation packages.
  2. Beyond Ballooning means Aussie Aerostats Pty Ltd ACN 001 162 518.
  3. Booking means one or more Tickets purchased at the same time for one scheduled Flight date.
  4. CASA means the Civil Aviation Safety Authority; the Australian national Authority for the regulation of civil aviation.
  5. Corporate or Large Group Passenger Booking means a corporate Group Booking or a Group Booking of 10 or more people.
  6. Customer means the person who purchases Services to be supplied by Beyond Ballooning or the person identified on a Ticket to be supplied Services by Beyond Ballooning, as the context requires.
  7. Individual or Small Group Passenger Booking means a Booking of 3 people or less, booked at the same time, on the one scheduled flight date.
  8. Flight means the hot air balloon Flight to be provided by Beyond Ballooning and includes preparation activities, take-off, Flight, landing and pack-up.
  9. Group Passenger Booking means a Booking of 4 or more people, booked at the same time, on the one scheduled Flight date.
  10. Partial Cancellation means a cancellation of less than all Passengers in a Booking.
  11. Passenger means a person holding a Ticket and, where relevant, includes the Customer.
  12. Pilot means the duly qualified Pilot of a Flight.
  13. Responsible Adult means a parent, legal guardian or person with parental responsibility for a Passenger under the age of 18 years.
  14. Services means the provision of a Flight and transportation of the Customer in any motor vehicle operated by Beyond Ballooning in connection with the Flight; and/or any independent contractor supplying/delivering the Services under agreement with Beyond Ballooning.
  15. Terms and Conditions means these Terms and Conditions.

2.     Application of these Terms and Conditions

These Terms and Conditions govern all Services supplied by Beyond Ballooning. The purchase of the Services by, or on behalf of, the Customer is conclusive evidence of the Customer’s acceptance that the Terms and Conditions apply and are binding on the Customer.

3.     Prices

  1. All prices are in Australian dollars (AUD$), and include Goods & Services Tax (GST) at the current rate of 10%.
  2. Beyond Ballooning reserves the right to alter all itineraries and/or fare details, and choice of balloons.
  3. Beyond Ballooning reserves the right to change prices without notice.

4.     Bookings

  1. Full payment at time of Booking your Flight, will confirm your Booking. Separate Booking and payment provisions apply to Large Groups and customised events. These are specified on the Group Booking documentation.
  2. Passenger’s names, estimated weights in kilograms, email address and after-hours contact or mobile phone number will be required for Booking and Flight manifest purposes.

5.     Payment methods

  1. Payments can be made by valid credit card (MasterCard, Visa, Amex, Union Pay), bank direct deposit, PayPal or an approved voucher.
    1. Please note, to cover credit cards surcharges, wire transfers, bank and currency exchange rate fees, additional charges may apply.
    2. Surcharges are non-refundable.

6.     Flight Times, “Sunrise”, and Duration

  1. Beyond Ballooning operates balloon flights early in the morning as close to sunrise as possible, but specifically does NOT guarantee Passengers will be in the air at sunrise.
  2. Be aware that weather conditions or cloud may of course restrict to what degree the sun or sunrise is seen. Balloons travel with the wind, which determines their speed and direction.
  3. Pilots are required to operate in accordance with local, State and Federal regulatory frameworks, including CASA, with respect to hot air ballooning. Accordingly, the duration of the Flight may vary slightly at the Pilot’s discretion, as they make adjustments to environmental and regulatory influences.
  4. Beyond Ballooning endeavours to give each Passenger the best ballooning experience possible, subject to the daily wind and weather conditions. With Passenger’s safety always at the forefront of Pilot’s concern, a Flight altered in route, or landing earlier than anticipated, will be deemed as a completed Flight for that day provided the Flight is more than 40 minutes duration (One 60 minute Flight) or 20 minutes (One 30-minute Flight).

7.     Weather, Mechanical, Staffing, and Other Safety Conditions

  1. Hot air ballooning relies on suitable weather conditions in order to proceed safely. Information on specific weather considerations is provided for at the time of making the Booking. Additionally, Flights may be dependent on mechanical performance or staffing availability.
  2. When conditions are deemed by Beyond Ballooning to be unsuitable or unsafe to proceed, then Flights may not proceed on the scheduled date. Similarly, a flight may be postponed due to less than minimum number of Passengers being achieved. It may be necessary to postpone a Flight at any time, if in Beyond Ballooning’s judgement the conditions are not suitable.
  3. Beyond Ballooning reserve the right to cancel a Flight at any time up to the moment of launch.
  4. Beyond Ballooning will not accept any liability for travel, accommodation, inconvenience or other costs incurred or lost through such cancellation. International, interstate and all other visitors should factor the possibility of short notice cancellation into their plans. Weather conditions can also affect the duration and route of all Flights in all locations.

8.     Passengers Responsibility

  1. It is the Passenger’s responsibility to advise Beyond Ballooning, no later than 48-hours prior to the scheduled balloon Flight, the Passenger’s names, estimated weights in kilograms and after hours contact or mobile phone number (to be switched on) for Flight manifest and contact purposes per 4(b)
  2. It is the Passenger’s responsibility to arrive at the designated meeting place prior to the advised meeting time. Customers should receive Booking confirmation of Flight details; please notify the Beyond Ballooning office immediately and prior to your Flight date if you do not have this information.
  3. In the interests of safety, Passengers undertake to follow the advice of the Pilot and ground crew, comply with any local codes of conduct and act sensibly and prudently at all times. Passengers also agree to indemnify Beyond Ballooning, its owners, officers and employees for all losses and/or damage arising from any act or default on your part or the part of a member of your Group. Under no circumstances at any time during supply of the Services should you or a member of your Group be under the influence of drugs or alcohol, nor should you take medication that could affect or impair your judgement at this time.
  4. Passengers should check with a medical practitioner if they have a pre-existing medical condition that may be affected by the physical nature of hot air ballooning. Passengers agree to indemnify Beyond Ballooning, its owners, officers and employees against any incident related to your health occurring during or after supply of the Services.
  5. Beyond Ballooning requires each Passenger to sign a standard Beyond Ballooning Passenger Registration Form (paper based or electronic) before the Flight. Passengers will be briefed and given safety instructions on the day. This includes take off & landing positions and emergency information.
  6. When signed, Passengers are operating under Aussie Aerostats Pty Ltd trading as Beyond Ballooning ABN 14 001 162 518. Air Operators Certificate Number S403672, issued by the Civil Aviation Safety Authority of Australia (CASA).
  7. Personal belongings are taken on board at the Passenger’s own risk.
  8. Ballooning is an outdoor adventure activity, and Beyond Ballooning cannot be held liable for damage to any clothing and/ or other personal property. Suitable clothing, a hat and fully enclosed sturdy footwear must be worn. No thongs or high heels allowed.

9.     Entry Restrictions

  1. Weight Notification; Beyond Ballooning will require, for Flight manifest purposes all Passengers’ names and their weights in kilograms. Maximum weight for an individual Passenger is 130 kilograms. Ref 4(b), 8(a)
  2. Minimum Age Requirement; Children are welcome and must be accompanied by a paying Responsible Adult. Children ages are between 7 to 14 years. Adult prices will apply from age 15 years and upwards. Infants are not permitted due to CASA regulations and guidelines.
  3. Disabled Passengers; are able to balloon, although limitations do apply due to CASA regulations. CASA requires that all Passengers are able to embark and disembark a balloon basket unassisted for safety reasons. No wheelchair facilities are available. Disabled persons participating in the balloon Flight do so at their own risk and the company accepts no liability for any damage or injury caused. As the Flight is for approximately one 60-minute duration, Passengers must be able to stand unaided for the duration of the Flight. (i.e., no additional aids such as seats, walkers, sticks or crutches are permitted in the basket). If in doubt, an able-bodied passenger (friend or relative) must accompany any “slightly infirm” Passenger/s.
  4. Pregnant Women; regrettably under CASA regulations and Beyond Ballooning’s Policy, are not allowed to fly if 12 or more weeks pregnant.
  5. Diving: Those persons diving the day or night before travel should check with a qualified dive master regarding their ballooning journey. Passengers diving the day or night before travel who participate in ballooning do so at their own risk, and the company accepts no liability for any damage or injury caused.

10. Additional Booking Information

  1. Standard Ballooning Program: Please allow 3.5 – 4.5 hours for the balloon activity program, which includes the inflation, Flight, deflation and pack up, Flight program transportation, and a restaurant breakfast (if included in fare). Flight program, times and duration may vary slightly at the Pilot’s discretion.
  2. All Ballooning Packages advertised on Beyond Ballooning website, brochures and fliers include an approximately one 60-minute Flight.
  3. Days of Operation: Beyond Ballooning operate daily, at sunrise, all year around subject to suitable weather, sufficient passenger numbers, mechanical performance, and staffing availability.
  4. Minimum Numbers: In the event that minimum numbers are not met, Beyond Ballooning reserve the right to reschedule your balloon Flight for a later date.
  5. Group Passenger Bookings: Refers to a Booking of 4 or more people booked at the same time in the one scheduled Flight date.
    1. Group discounts (when applicable) will only apply to direct Bookings and with payment direct to Beyond Ballooning.
    2. Group discounts maybe wavered for exclusive Group Bookings from alternative and negotiated launch sites located over 50kms from the pre-nominated meeting point.
  • Exclusive Group Bookings at alternative launch sites or regional centres may incur additional charges for associated travel, accommodation, and/or staffing costs.
  1. Separate Cancellation and Alteration provisions may apply to Large Groups and customised events. These are specified on the Group Booking documentation supplied
  2. Group discounts do not apply to the purchase of gift certificates.

11. Cancellation by Beyond Ballooning

  1. The Customer acknowledges that hot air ballooning is weather dependent. If Beyond Ballooning considers, in its sole discretion, that weather conditions are unsuitable or unsafe to proceed, it may cancel a scheduled Flight at any time prior to launch.
  2. Beyond Ballooning may also, in its sole discretion, cancel a scheduled Flight due to lack of staff, mechanical issues, less than minimum Flight numbers being achieved or the existence of any other condition which may pose a risk to safety.
  3. The Customer is responsible for confirming if a scheduled Flight will proceed by following the check-in procedures, as set out in the Booking documentation.
  4. Beyond Ballooning will use reasonable endeavours to notify the Customer as soon as reasonably practicable of any cancellation of a Flight which occurs after the check-in time stated in the Booking documentation using the Customer’s contact details provided in the Booking
  5. The Pilot may terminate a Flight at any time if they determine, in their absolute discretion, that there is, or there is reasonably likely to be:
  6. an adverse change in the weather conditions;
  7. an onboard emergency;
  • a risk of material damage to the balloon or any other property;
  1. any other circumstance presenting a risk to the safety of Passengers, Beyond Ballooning personnel or any other person.
  2. If your Flight has been cancelled by Beyond Ballooning due to unsuitable weather or Flight safety conditions, please contact our Booking office as soon as possible to rebook. Your Booking details will go into “open dated” status in our Bookings system, and the validity date is automatically extended for 12months.
  3. Beyond Ballooning requires that you contact us within 90-days to arrange another Flight. If the rescheduling of the Flight exceeds 90-days, and if there is a price difference since the initial Booking date, an adjustment and additional fare payment may be necessary.
  4. Rebooking must be done within 12-months of the cancelled Flight date. If rebooking the Flight is not possible due to special circumstances such as travel arrangements or medical issues, special provision may be given at the discretion of Beyond Ballooning.
  5. There will be no refunds for Bookings held on our system for longer than 12-months from last cancellation.
  6. Refunds may incur a $25.00 administration fee.
  7. You cannot receive a refund on any trips booked with a gift certificate.
  8. If your Flight Booking or travel voucher has not been purchased directly from Beyond Ballooning, but from another party such as a travel Booking agent, tour operator or online experience Booking service, then that parties’ conditions of purchase will also apply.
  9. If a Flight is terminated after take-off and the total duration of the Flight is 39 minutes or less (as determined by Beyond Ballooning), the Flight will be deemed incomplete and the Passenger will be entitled to reschedule their Flight, regardless of the type of Ticket purchased.
    1. The rescheduled Flight is non-transferable to any other person.
    2. To the maximum extent permitted by law, the Passenger will not be entitled to any refund for the terminated Flight.
  • Rescheduling is subject to Flight availability and must be taken within the original validity period of the Ticket or Voucher.
  1. If a Flight is rescheduled in accordance with clause 11(f), the Passenger acknowledges that any Associated Services already received by the Passenger in connection with the terminated Flight will not be re-supplied to the Passenger.
  2. Beyond Ballooning will not be liable for any direct or indirect costs incurred by the Customer or any Passenger in relation to the cancellation or termination of a Flight, including any travel, accommodation or other expenses incurred by any Customer or Passenger or the inability of the Passenger to book a suitable replacement Flight.

12. Rebooking Your Flight OR Receiving a Refund

  1. If your Flight has been cancelled due to unsuitable weather conditions, please contact our office on 1300 468 247 as soon as possible to rebook or request a refund (if applicable).
  2. Payment received for your Flight will be held in credit and applied to the rebooking. Rebooking must be done within 12-months of the cancelled Flight date.
  3. Rebooking a Flight date is subject to availability. There will be no refunds for any Bookings held on our system for longer than 6-months.
  4. You cannot receive a refund on any trips booked with a gift certificate.

13. Alteration & Cancellation of a Booking

In the event you should have to alter, cancel or miss your Booking, fees may apply:

  1. Individual Passenger Booking (1 – 3 Passengers)

Alteration to Flight date, Passenger numbers;

  1. Any Booking altered greater than 36-hours prior to the Flight date will incur a fee of $25.00 per Passenger and is non-refundable.
  2. Any Booking altered within 36-hours prior to the Flight date will incur a fee of $50.00 per Passenger and is non-refundable.
  • Any Booking altered within 72-hours will be at the discretion of Beyond Ballooning and dependent upon Flight availability.

Cancellation with a refund request:

  1. Any Booking cancelled within 72-hours prior to Flight date will forfeit the full fare per Passenger and will not be refunded.
  2. Any Booking cancelled outside of 72-hours of Flight date will incur a cancellation fee of $50.00 per Passenger.

Missed Flight:

  1. If you fail to show up for your Flight or do not arrive in time for the Flight and you miss your scheduled Flight date; the full Flight fare (100%) is forfeited and no rebooking or refund will be made. You may send someone else in your place if you wish—please notify us the name and estimated weight of any replacement Passenger (this is at the sole discretion of Beyond Ballooning).

Beyond Ballooning has the right to retain all deposits received up to the amount of the cancellation fee and invoices will be issued for any further amounts outstanding. If holding a credit card for security and you alter, cancel or miss the Flight, the credit card will be debited and/or invoices will be issued for any further amounts outstanding.

  • You cannot receive a refund on any trips booked with a gift certificate.
  • A request to cancel or alter a Booking after 12pm the day before the Flight date will be at the sole discretion of Beyond Ballooning.
  1. Group Passenger Booking (4 or more Passengers)

Alteration to Flight date, Passenger numbers;

  1. Any Booking altered greater than 36-hours prior to the Flight date will incur a fee of $25.00 per Passenger and is non-refundable.
  2. Any Booking altered within 36-hours prior to the Flight date will incur a fee of $50.00 per Passenger and is non-refundable.
  • Any Booking altered within 7-days will be at the discretion of Beyond Ballooning and dependent upon Flight availability.

Cancellation with a refund request:

  1. Any Booking cancelled within 7-days prior to Flight date will forfeit the full fare per Passenger and will not be refunded.
  2. Any Booking cancelled outside of 7-days of Flight date will incur a cancellation fee of $50.00 per Passenger.

Missed Flight:

  1. If you or any member of your Group, fails to show up for the Flight or do not arrive in time for the Flight and miss the scheduled Flight date; the full Flight fare (100%) is forfeited and no rebook or refund will be made. You may send someone else in your place if you wish—please notify us the name and estimated weight of any replacement Passenger (this is at the sole discretion of Beyond Ballooning).

Beyond Ballooning has the right to retain all deposits received up to the amount of the cancellation fee and invoices will be issued for any further amounts outstanding. If holding a credit card for security and you alter, cancel or miss the Flight, the credit card will be debited and/or invoices will be issued for any further amounts outstanding.

  • You cannot receive a refund on any trips booked with a gift certificate.
  • A request to cancel or alter a Booking after 12pm the day before the Flight date will be at the sole discretion of Beyond Ballooning.

Note: Separate cancellation and Alteration provisions apply to Large Groups and customised events. These are specified on the Group Booking documentation supplied. Beyond Ballooning reserves the right to amend these fees and notice periods. When special circumstances arise, some of these Terms and Conditions may be superseded by those published on your Booking confirmation documentation.

 

  1. Cancellations due to Force Majeure
    1. If Bookings are altered/cancelled prior to your Flight due to a Force Majeure related event; including but not limited to a government order, pandemic, epidemic etc. you will not be granted a refund but you may re-book within 12-months of the cancellation date.
    2. Failure to provide any requested verification/s may result in the relevant fees being charged.

14. Photographs, Filming and Media

  1. As part of your Flight: Beyond Ballooning advises that photos and/or film are taken daily as a service to all our Passengers on the morning. By travelling with Beyond Ballooning, you are accepting that you assign all copyright in such photos and/or film to Beyond Ballooning and acknowledge that Beyond Ballooning has and reserves the right to use such photos and/or films in any medium and in any reasonable manner whatsoever without payment or notification to you.
  2. Images as documented proof: Photos and/or video may be misinterpreted and are not in themselves taken to form a true and complete representation of any given scenario.
  3. Priority of photography within balloon operations: Photos are taken by the Pilot and support crew as part of balloon operations and fall secondarily to CASA safety requirements and operational Standard Operating Procedures. In some instances, the Pilot and/or crew will prioritise these primary tasks and photos will not be taken.
  4. Photography equipment limitations: Similarly, due to the outdoor environment within which our operation occurs, photographic equipment failure may occur. Whilst we take precautions against such failure and endeavour to have redundancy systems in place, such failure may result in a loss of data.
  5. Photos offered in good faith where available: Photos included as part of any package are offered in good faith, and offered on the proviso that photos are available. No discount, refund or compensation will be provided in the event that photos are not available due to the aforementioned scenarios under 14(c-d).

15. Beyond Ballooning Gift Certificates/Vouchers Purchase and Use

  1. A Beyond Ballooning Gift Certificate/Voucher is non-refundable.
  2. Gift Certificates are valid only when fully paid by the Customer or distributor.
  3. Gift Certificates are transferable to other individuals and are valid only for the period indicated thereon.
  4. Gift Certificates cannot be redeemed for cash or refunded in part or full.
  5. Once the Gift Certificate has been redeemed (i.e., the Flight date has been booked) all other terms relating to Alteration and Cancellation apply, however the value remains non-refundable.
  6. Beyond Ballooning Gift Certificate and Voucher holders are bound by all Beyond Ballooning conditions of travel and use including Flight cancellation policies.
  7. Beyond Ballooning accepts no responsibility for lost, stolen or fraudulent Gift Certificates or Vouchers. It is the holder’s responsibility to ensure the safe keeping of the voucher or gift certificate. Beyond Ballooning operates with a ‘No Voucher—No Flight’ Policy.
  8. A Gift Certificate/Voucher, is an open dated balloon Flight, valid for 12-months (unless otherwise stated) from the date of purchase, and as per the expiry date nominated on the Gift Certificate or Voucher.
  9. Gift Certificates are issued in accordance with the Fair-Trading Act 1987 and Australian Consumer Law (ACL).
  10. Hot Air Balloon Flights are a weather dependant activity and may be cancelled. It is the gift voucher holder’s responsibility to make as many attempts as possible to achieve a successful launch before the expiry date.
  11. Gift Certificates/Vouchers must be booked and used before the expiry date specified on the voucher.
  12. Gift Certificate/Voucher extensions are only granted under special circumstances, and only at the discretion of Beyond Ballooning. Please note, extensions attract administration fees, so it is in the holder’s interest to not let the Certificate/Voucher expire.
  13. Should the need to extend the validity of a Gift Certificate beyond the nominated Voucher expiry date, extension fees may apply:
    1. If your Gift Certificate/Voucher has not yet expired, and you cannot take the Flight before the expiry date, Beyond Ballooning can extend your Voucher for an administration fee of $15 per month per Passenger per Voucher for a maximum of 2-months only.
    2. If your Gift Certificate/Voucher has already expired and you contact us within 60-days (2 months) of its expiry date, Beyond Ballooning can extend your Voucher for an administration fee of $30 per person per Voucher for one month only.
  14. If your Gift Certificate/Voucher or travel voucher has not been purchased directly from Beyond Ballooning, but from another party such as an online experience booking service, a travel booking agent or tour operator, then that parties’ conditions of purchase will also apply.

16. Liability

  1. Under no circumstances will Beyond Ballooning be liable for direct, indirect, consequential or incidental damages including but not limited to lost or damaged property, lost profits or savings or damages for disappointment.
  2. Beyond Ballooning may arrange for the hot air ballooning to be performed under a ‘code-sharing’ arrangement, i.e., it may subcontract another ballooning company to provide you with your Flight.
    1. In such instances, Beyond Ballooning accepts no liability in connection with such Services or for any loss, injury, or damage to or in respect of any person or property.
  3. Beyond Ballooning reserves the right to alter contents of products and location when deemed necessary. Beyond Ballooning does, however, warrant providing Services of equal nature and value.
  4. All transactions involving Beyond Ballooning are deemed to be made directly with the respective vendors of the products and Services selected.
    1. For the ballooning sector this will be Aussie Aerostats Pty Ltd trading as Beyond Ballooning ABN 14 001 162 518. Air Operators Certificate Number S403672.
  5. For non-ballooning products/packages will be with third-parties as stated. Beyond Ballooning is not the principal or agent for the vendors and package partners and shall not be involved in any claim or dispute or be liable for any loss or damage that may arise in relation to such transactions. Beyond Ballooning does not warrant the accuracy, completeness, suitability or reliability of any information, service or product listed on the Beyond Ballooning website.
  6. Under no circumstances, including negligence, shall Beyond Ballooning be liable for any loss, claim, or any direct, indirect, incidental, special or consequential damages (including but not limited to lost profits or lost savings) which arises out of or is in any way connected with the use of any information, any listing of any data at Beyond Ballooning or any delay or inability to use this web site whether based on tort, contract, strict liability or otherwise.
  7. Jurisdiction In states or jurisdictions where exclusion or limitation of liability for direct or consequential or incidental damages are not allowed, Beyond Ballooning’s liability shall be limited to the greatest extent as may be permitted by law and all use is governed by the prevailing law in New South Wales, Australia and this is implicitly acknowledged.
  8. The Beyond Ballooning web site may contain links to other sites maintained by third-parties. Beyond Ballooning is not responsible for and does not operate or control any information or Services provided on such third-party sites.
    1. Links are provided solely for convenience and do not constitute an endorsement by Beyond Ballooning.
  9. Beyond Ballooning reserves the right to revise the Terms and Conditions contained herein. Visitors to the site shall be responsible for reviewing such Terms and Conditions regularly and the continued use of the web site following changes made shall constitute acceptance of such amended Terms and Conditions.
  10. The compilation of the information contained herein is copyrighted and may not be modified, copied, distributed, transmitted, displayed, reproduced, published, licensed, used to create derivative works from, transferred, or any information, Services or products obtained from this web site sold without the express written consent of Beyond Ballooning, and where necessary, other information providers.
  11. Travel and Booking Agents selling Beyond Ballooning product are explicitly allowed to use the material in their promotion of Australia, New South Wales and Beyond Ballooning directly by downloading from this site.
  12. Product and company names mentioned herein may be the trademarks or registered trademarks of their respective owners.

 

Quicktranz Pty Ltd ATF SW & JK Allen Family Trust   ABN 20 407 373 409

Aussie Aerostats Pty Ltd ABN 14 001 162 518

Trading as Beyond Ballooning

Air Operators Certificate S403672

PO Box 455 CESSNOCK NSW 2325