Terms and conditions Balloonflightspecialist.co.uk

These terms and conditions apply to the Websites of Balloonflightspecialist.co.uk.

Balloonflightspecialist.co.uk's arrangement involves the use of the services offered by companies through this Website. Balloonflightspecialist.co.uk acts solely as an intermediary between the Customer and the Providers/Suppliers of services on the Website and in the Balloonflightspecialist.co.uk offer and is thus in no way involved in the provision of the services. Balloonflightspecialist.co.uk does not accept any liability due to a dispute between the Customer and Providers/Suppliers of services on the Balloonflightspecialist.co.uk website.

Article 1 Definitions & Applicability
1.1 Balloonflightspecialist.co.uk: The commercial enterprise, Balloonflightspecialist.co.uk, with its registered office in Breda (NL) and registered with the Chamber of Commerce under number 54205581.
1.2 Customer: The natural or legal person who has concluded an agreement with Balloonflightspecialist.co.uk for the provision of arrangements by Balloonflightspecialist.co.uk.
1.3 Website: The Website/Platform of Balloonflightspecialist.co.uk accessible via www.balloonflightspecialist.co.uk.
1.4 Activities/Experiences/Products and/or Services: everything offered by Providers/Suppliers via Balloonflightspecialist.co.uk.
1.5 Provider/Supplier: a party that provides its products and/or services via Balloonflightspecialist.co.uk.
1.6 In these terms and conditions the word 'in writing' can also be defined as documents produced in writing and transmitted by electronic means, which certainly includes e-mail and faxed documents.

Article 2 General provisions
2.1 Balloonflightspecialist.co.uk is authorised to amend the descriptions and explanations on its Website as well as the contents of these terms and conditions with immediate effect. All parties are subject to the amended conditions.
2.2 These conditions apply to all offers and all agreements of Balloonflightspecialist.co.uk.
2.3 Any purchasing conditions adopted by the customer are explicitly rejected and thus do not apply to agreements entered into with Balloonflightspecialist.co.uk.
2.4 In the event that one or more provisions of these terms and conditions are wholly or partially void or annulled, the remaining terms and conditions shall continue to apply in full.

Article 3 Quotations and offers
3.1 Balloonflightspecialist.co.uk offers and/or quotations are without obligation for both parties.
3.2 The contents of the website as well as the contents of all other Balloonflightspecialist.co.uk online publications have been assembled with the greatest care. Nevertheless, Balloonflightspecialist.co.uk can give no guarantees as to the nature, accuracy or content of this information. Balloonflightspecialist.co.uk is not liable for any inaccuracies or errors, or for the consequences of using the related information.

Article 4 Formation of an agreement
4.1 An agreement comes into being after the Customer has placed an order on the Website and the invoice amount has been transferred to Balloonflightspecialist.co.uk's account, either directly or via Balloonflightspecialist.co.uk's payment provider.
4.2 After placing an order with Balloonflightspecialist.co.uk by the Customer, the Customer receives a confirmation at the email address provided by the Customer.
4.3 By making an appointment for a specific date, the customer explicitly waives the right of withdrawal. In such circumstances, cancellation is no longer possible. In doing so, Customer also waives his/her right to be able to dissolve the agreement within the statutory reflection period. The right of withdrawal (right of annulment) as referred to in Article 6:230o of the Dutch Civil Code is therefore not applicable. The exception as referred to in article 6:230p sub d of the Civil Code is in fact applicable to the services of Balloonflightspecialist.co.uk.
4.4 The right of withdrawal does not apply to gift vouchers. The customer may not return or cancel gift vouchers that have previously been ordered in accordance with Article 6:230p of the Dutch Civil Code.

Article 5 Use of Voucher
5.1 Balloonflightspecialist.co.uk may grant a Voucher representing the then current value of the booked activity. Should the value be increased in the meantime, the customer is obliged to pay the difference.
5.2 The Balloonflightspecialist.co.uk voucher can be redeemed at Balloonflightspecialist.co.uk up until the expiry date recorded on the Voucher and in Balloonflightspecialist.co.uk's records.
5.3 Vouchers will not be accepted by Balloonflightspecialist.co.uk if:
- the expiry date of the Voucher has already passed;
- a service is temporarily unavailable due to circumstances beyond the control of a Provider/Supplier;
5.4 It is not possible to exchange the previously ordered Voucher(s) for money. It is possible to exchange the Voucher(s) for another Voucher(s) or one or more Vouchers for another activity.
5.5 The expiry date of the Voucher is set at one year after the Voucher has been issued to Customer. The Voucher must be redeemed within one year. This excludes situations where Balloonflightspecialist.co.uk and the Customer have expressly agreed otherwise in writing.
5.6 Vouchers for which the expiry date has expired cease to be valid. Balloonflightspecialist.co.uk does not replace Vouchers for which the expiry date has expired.
5.7 Vouchers are delivered to the address provided by the Customer. The Customer is responsible for providing correct information. Balloonflightspecialist.co.uk shall only deliver the Voucher once unless expressly agreed otherwise in writing between Balloonflightspecialist.co.uk and the Customer.
5.8 In case the Customer has any questions and/or comments directly regarding the operation of the Voucher, the Customer may contact Balloonflightspecialist.co.uk. The contact details can be found on the Balloonflightspecialist.co.uk website.
5.9 Should the Customer have any questions and/or comments regarding the services offered by the provider/supplier of Balloonflightspecialist.co.uk, the Customer must contact the provider/supplier directly. Balloonflightspecialist.co.uk is not directly involved in the provision of services by Providers/Suppliers and is therefore unable to help the Customer with complaints and/or questions of the Customer concerning the provision of services by the Provider/Supplier.
5.10. Customers can turn to the respective Provider with complaints regarding the execution of an agreement by a Provider.
5.11. Complaints about the manner of offering and delivery of the Vouchers as such can be addressed by the Customer to Balloonflightspecialist.co.uk. Balloonflightspecialist.co.uk shall, following a complaint as referred to in this article, provide a substantive response as soon as possible, but in any case within 14 days.
5.12 Vouchers are non-refundable without giving a valid reason. Weather or force majeure can never be a reason for a refund, even if cancellation insurance has been taken out. This does not apply if specific cancellation insurance policies are in place where the exception is mentioned in the terms and conditions specifically.
5.13 If an activity is no longer available, Balloonflightspecialist.co.uk allows the customer (provided the Voucher has not been redeemed) to redeem the value of the activity (and spend it freely) on another activity or activities on the Balloonflightspecialist.co.uk websites.
5.14 Should Balloonflightspecialist.co.uk nevertheless decide to apply a refund, then this refund will always be issued to the person who made payment.

Article 6 Customer’s obligations
6.1 Customer must ensure that all information Balloonflightspecialist.co.uk may request when placing an order is complete, correct and up to date.
6.2 Any changes in the Customer's information must be reported immediately to Balloonflightspecialist.co.uk.
6.3 If Balloonflightspecialist.co.uk is held liable for damages which may have arisen as a result of the Customer having provided Balloonflightspecialist.co.uk with incorrect data, the Customer is required to compensate Balloonflightspecialist.co.uk for the damages incurred.
6.4 Balloonflightspecialist.co.uk is entitled to disagree with a customer's order at all times without stating reasons.
6.5 Balloonflightspecialist.co.uk shall dispatch the order immediately after receiving payment. In the event of an order not being delivered within 3 working days, the customer must indicate this within 1 week. After 1 week, the order will not be redelivered and no complaints are possible.

Article 7 Price & Payment
7.1 Payment can be made as follows:
during the formation of an agreement by means of electronic payments (including iDEAL and credit cards)
or; by means of a preliminary transfer to Balloonflightspecialist.co.uk's account.
7.2 Potential invoicing inaccuracies are to be reported immediately to Balloonflightspecialist.co.uk by the customer, after which Balloonflightspecialist.co.uk will correct the amount. Inaccuracies in the invoicing do not exempt the Customer from any payment obligations or other obligations laid down in these conditions.
7.3 If, for whatever reason, Balloonflightspecialist.co.uk receives an incorrect amount from the Customer, the Customer has its (legal) right to reverse this payment. This does not release the Customer from her payment obligation.

Article 8 Liability
8.1 Balloonflightspecialist.co.uk operates as a platform and solely offers support to customers wanting to use the services offered by the supplier/supplier through Balloonflightspecialist.co.uk. Balloonflightspecialist.co.uk is explicitly not involved directly in the conclusion of an agreement between a customer and Provider/Supplier. Balloonflightspecialist.co.uk can under no circumstances be held liable for damage arising from an agreement between the Provider/Supplier and the Customer.
8.2 Any liability of Balloonflightspecialist.co.uk and/or its employees is limited to the delivery of the Balloonflightspecialist.co.uk package ordered and paid for by the buyer. Any liability of Balloonflightspecialist.co.uk exceeding that provided for in this article is excluded.
8.3 If agreements between the customer and a provider/supplier are not met by one of the parties, Balloonflightspecialist.co.uk is never liable for this. Customers and Providers/Suppliers themselves are responsible for complying with all legal obligations applicable when entering into an agreement with third parties. If required, Balloonflightspecialist.co.uk will mediate in the event of a conflict.
8.4 The liability of Balloonflightspecialist.co.uk for attributable shortcomings in meeting an agreement arises only if the customer immediately and properly puts Balloonflightspecialist.co.uk in default in writing, giving Balloonflightspecialist.co.uk a reasonable period of no more than 14 days to remedy the shortcoming and Balloonflightspecialist.co.uk remains attributably in default of meeting its obligations even after this period.
8.5 Balloonflightspecialist.co.uk is in no way responsible for incorrect or incomplete data on the Balloonflightspecialist.co.uk website.
8.6 In the unlikely event that Balloonflightspecialist.co.uk is held liable, Balloonflightspecialist.co.uk's liability will be limited to the sum that is paid out under the applicable insurance policy in the relevant case, plus the amount of the excess payable by Balloonflightspecialist.co.uk under that insurance policy in the relevant case.
8.7 If, with the exception of that stipulated in article 8.6, no payment is made under the aforementioned insurance for whatever reason, the liability of Balloonflightspecialist.co.uk is confined to a maximum of the invoiced value of the order, or to that section of the order to which the liability relates.
8.8 Any possible claims for compensation by the Customer against Balloonflightspecialist.co.uk can only relate to any direct damage suffered by the Customer as a result of a service provided by Balloonflightspecialist.co.uk, except if the damage is directly attributable to intent or gross negligence on the part of Balloonflightspecialist.co.uk, its board of directors and/or managerial staff.
8.9 Direct damage includes exclusively: the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage within the meaning of these conditions, the possible reasonable costs made to ensure that Balloonflightspecialist.co.uk's inadequate performance complies with the agreement, insofar as these can be attributed to Balloonflightspecialist.co.uk and any reasonable costs incurred to prevent or limit the damage, insofar as the Customer demonstrates that these costs have resulted in the limitation of direct damage as referred to in this article.
8.10 Balloonflightspecialist.co.uk is in no case liable for the following damages: Consequential damage, lost profit, missed savings and damage due to business stagnation.
8.11 Should the Balloonflightspecialist.co.uk Web site refer via a hyperlink to a third-party Web site, Balloonflightspecialist.co.uk is in no way liable for the use of and the content of the relevant Web site.
8.12 The use of Websites as referred to in 8.11 is subject to the conditions of use and/or privacy rules of the relevant Website.
8.13 Balloonflightspecialist.co.uk is not liable for taking invalid Balloonflightspecialist.co.uk vouchers. This includes vouchers not issued by Balloonflightspecialist.co.uk.
8.14 Balloonflightspecialist.co.uk is authorised to render its systems wholly or partly inoperative for a limited time as part of (replacement) maintenance, whereby no compensation or costs will be due to the customer.

Article 9 Force majeure
9.1 Balloonflightspecialist.co.uk is not obliged to fulfil any obligation in respect of the Customer if Balloonflightspecialist.co.uk is obstructed in doing so as a result of a situation that cannot be attributed to its fault, nor for its account by virtue of the law, a legal act or generally accepted views.
9.2 Balloonflightspecialist.co.uk may postpone the obligations arising from the agreement during the period of force majeure.

Article 10 Intellectual property rights
10.1 The contents of the Balloonflightspecialist.co.uk Website, including but not limited to: the texts, images, design, photos, visual and/or audio material, formats, brands and domain names, are the property of Balloonflightspecialist.co.uk and are subject to copyright and intellectual or industrial property rights under applicable law. Website customers are not permitted to reproduce or make available the Balloonflightspecialist.co.uk Website or any part thereof without Balloonflightspecialist.co.uk's permission.
10.2 All intellectual or industrial property rights belong exclusively to Balloonflightspecialist.co.uk or its licensors.

Article 11 Personal details
11.1 All information and other personal data provided by the Customer is used by Balloonflightspecialist.co.uk solely within the framework of the services to be provided by Balloonflightspecialist.co.uk.
11.2 With regard to the processing and administration of personal data sent by you to Balloonflightspecialist.co.uk, Balloonflightspecialist.co.uk complies with all laws and regulations for the protection of your personal data.
11.3 Upon visiting the Balloonflightspecialist.co.uk website, Balloonflightspecialist.co.uk collects general visitor data. Such visitor data is used to measure the number of visitors, viewed pages, average visit duration and any registrations. Cookies are used to record this visitor data. These cookies contain only data that are used to identify the customer.

Article 12 Use of the Websites
12.1 Despite the fact that the information on the Websites has been compiled with the utmost care and Balloonflightspecialist.co.uk endeavours to ensure that this information is as up to date, complete and accurate as possible, no rights can be derived from the Website. Rates and conditions may be subject to change. Balloonflightspecialist.co.uk accepts no liability for possible errors and shortcomings on the Website. Changes and rectifications are therefore reserved.
12.2 Regular additions and/or changes are made to the information on the website. Balloonflightspecialist.co.uk reserves the right to make any changes with immediate effect and without any notification.
12.3 Balloonflightspecialist.co.uk excludes all liability regarding any direct or indirect damage, of any kind whatsoever, arising from or in any way related to the Website.

Article 13 Applicable law & disputes
13.1 All legal relationships to which Balloonflightspecialist.co.uk is a party are governed exclusively by Dutch law.
13.2 The customer and Balloonflightspecialist.co.uk shall appeal to the courts only after making every effort to settle a dispute by mutual agreement.