General terms

GENERAL TERMS AND CONDITIONS OF SERVICE

30th October, 2019

This purchase and sale agreement ( “Agreement”) is between a Public Company Oreivystės centras , company code 224008580, VAT code LT240085811, registration address Pylimo g. 45-12, 01137 Vilnius, business address J. Dobkevičiaus g. 6, 02189 Vilnius, phone number 8652 00510, email info@ballooning.lt, website address www.ballooning.lt (“Service Provider”)  and a natural or legal person who has ordered one or more services of the Service Provider (“Customer”).

OBJECT OF THE AGREEMENT

1.1. This Agreement establishes a relationship between the Service Provider and the Customer (“Parties”) regarding the terms of booking, purchasing, provision of services and payment.

1.2. Under this Agreement, the Service Provider is obligated to provide the Customer with the service(s) booked and the Customer is obligated to pay the purchase price for the services provided following the order established in this Agreement.

1.3. The Customer confirms that he is familiar with the service descriptions and the applicable requirements (including, but not limited to, age, health condition, pregnancy) listed by the Service Provider. The Customer must meet the requirements if he or she wishes to use the service. The Customer is aware that the Service Provider may refuse to provide the service chosen by the Customer who does not meet the requirements for the provision of the service. In that case, the money for the service booked or purchased is not refunded.

1.4. When booking or purchasing a service, the Customer is aware that the Service Provider may refuse to provide the service booked if the provision of that service could endanger the health, life or cause any other damage to the Customer.

1.5. The services provided by the Service Provider may endanger health and life. When booking or purchasing a service, the Customer is aware of all the health risks and dangers associated with the services provided by the Service Provider.

1.6.         Included in the price of a service are:

1.6.1.      meeting the passengers at the agreed meeting place,

1.6.2.      a transfer to a launch site,

1.6.3.      a safety briefing,

1.6.4.      a flight of at least 45 minutes,

1.6.5.      a “Baptism” ceremony and a flight certificate,

1.6.7.      a glass of sparkling beverage,

1.6.8.      a transfer from the landing site to the meeting place,

1.6.9.      a Passenger insurance.

1.7.      Not included in the price of a service are:

 1.7.1. passengers’ arrival to the meeting place,

1.7.2. accommodation, meals or any other expenses experienced by the Customer in preparation for the Service,

1.7.3.   pick up and return services from the hotel or other accommodation. This service can be booked for an additional fee.

1.8. Limitations

1.8.1. Services are not provided to children under the age of 6, unless otherwise specifically agreed by the Service Provider.

1.8.2. Children from 6 to 14 years of age must be accompanied by an adult.

1.8.3. A person with any major health problems or who in the last 3 years underwent a major spinal, leg, heart, joint surgery should consult their GP or other qualified specialists before using the service.

1.8.4. Services are not provided to pregnant women, who are more than 3 months pregnant, unless otherwise specifically agreed with the Service Provider.

1.8.5. Services are not provided to people who are under the influence of alcohol, drugs, or other psychotropic substances.

1.8.6. Services are not provided to the Customer’s/passenger’s pets unless it was explicitly authorized by the Service Provider.

1.8.7.  Customer/passengers with reduced mobility should always consult with their GP or other qualified specialists before booking any services.

1.8.8. It is the responsibility of the customer/passengers to meet the official age and health requirements of the company.

1.8.9. The Service Provider is not qualified to decide whether or not the passengers are fit to fly in a hot air balloon. In case the Customer/passengers are unsure if their medical condition allows them to fly in a hot air balloon, the Customer/passengers should consult with their GP or other qualified specialist and /or service provider before the flight.

1.8.10. There is a surcharge for passengers weighing more than 100 kg.

PRICE OF THE SERVICES, BOOKING PROCEDURE AND PAYMENT

2.1. Services provided by the Service Provider with their prices are described in the Website www.ballooning.lt. (“Website”). There is a surcharge for passengers weighing more than 100 kg.

2.2. The Customer can order desired service by:

2.1.1. calling +370 652 00510 or +370 699 89990,

2.1.2. emailing info@ballooning.lt,

2.1.3. filling in a form on the Website  www.ballooning.lt,

2.1.4. contacting the partners of the Service Provider (tourism information centres, hotels, travel agencies, event organizers, ticket distribution systems and etc.)

2.3.  When booking/purchasing a service, the Customer must provide the Service Provider with  the following information:

2.3.1. Name of a desired service,

2.3.2. A desired service location;

2.3.3. A desired date(s) and indication of the time (morning or evening),

2.3.4. Number of passengers,

2.3.5. Gender, name, surname, weight of every passenger,

2.3.6. Phone number and/or email address of at least one passenger,

2.3.7. If a service is gifted to another person, the name, surname and address (if the Customer asks to send the Gift Certificate directly) of that person. In addition, the following information can be collected: on what occasion our service was gifted, special wishes to go with the Certificate, the name and surname of the person who bought the gift.

2.3.8.  Payment information (the vendor of the ticket held, ticket number, type, value, date and method of purchase, validity period/expiration date, method of a future payment or the payment already made (credit or debit card, bank transfer, cash)), amount, date.

2.3.9. In addition, the following information may be collected: passengers’ ages, countries of arrival, languages spoken, places of residence (only the location without the exact address), other information that is voluntarily provided by the Inquirer/Customer/Passenger (e.g. has the passenger already flown in a hot air balloon). If a pick-up service is booked, the name, address and room number of the hotel or other accommodation are collected.

2.4. The Customer has a right to choose a payment method and pay for the services using one or several of the following methods:

2.4.1.     using credit/debit card through the Website  www.ballooning.com when the service is booked in advance,

2.4.2.    using credit/debit card at the Service location,

2.4.3.    via a bank transfer to the bank account specified by the Service Provider,

2.4.4.    in cash at the office of the Service Provider or at the location of the Service.

PROCEDURE OF THE PROVISION OF THE SERVICES

3.1.   Booking Confirmation

3.1.1. Service Provider confirms the services booked by the Customer via a text message or an email using a phone number or email address specified by the Customer.

3.1.2. Together with the booking confirmation a description of services booked is sent. It includes a planned date and time (morning or evening) of service, expected location and a number of passengers.

3.1.3. Whenever possible, together with the booking confirmation Flight Safety Instructions and other Useful Information are sent.

3.1.4. Booking Confirmation also includes further actions that the Customer or Service Provider should take (when, who and how should initiate the communication regarding the specificities of the provision of the selected service).

3.2.       Decision on the execution of the flight

3.2.1. The Service Provider shall make a preliminary decision whether to fly or not 24 hours before the specified flight time,  taking into consideration meteorological forecasts, limitations of the air traffic control services, its own organizational and technical capabilities. The Customer is informed about the decision via a phone call, text message or an e-mail.

3.2.2. The Service Provider, taking into consideration meteorological forecasts, limitations of the air traffic control services, its own organizational and technical capabilities, shall make a final decision regarding the flight (whether it will take place or not, where and when should the passenger arrive) no fewer than 3 hours before the agreed flight time. The Customer is informed about the decision via a phone call, text message or an e-mail.

3.2.3. When confirming the flight, the Service Provider informs the Customer/passengers about where and when they should arrive and how to identify their hot air balloon or pilot. If the Customer/passengers have ordered a pick-up service, they are informed where and when the Service Provider’s car will arrive.

3.3.       Meeting/flight location

3.3.1. Main flight locations offered by the Service Provider are described in the Website www.ballooning.lt („Website“).

3.3.2. Specific flight location is decided by the Service Provider taking into consideration the Customer’s/passenger’s wishes, meteorological forecast and actual meteorological situations, the procedures and restrictions established by the air traffic control services and other authorities. Flight location is chosen primarily based on flight safety. Even if the Customer/passengers have booked a flight over a specific location, the Service Provider may suggest flying over a different location.

3.3.3. Meeting place is decided by the Service Provider taking into consideration the launch site, the wishes of Customer/passengers, anticipated and actual traffic situation, possibility to access the site, park and safely leave the cars of the Service Provider, the Customer and passengers. The main factor when deciding the meeting place is convenience.

3.3.4. After making a preliminary decision regarding the flight as stipulated in the clause 3.2.1. the Service Provider informs the Customer/passengers about the flight location, meeting place and time.

3.3.5. If the preliminary flight location is not acceptable to the Customer/passengers, they have a right to cancel their participation in a flight, but shall do that no later than 1 hour from the time the information from the Service Provider has been received.

3.3.6. If the Customer/passenger do not cancel their participation in the flight following the rules provided in the clause 3.3.5., a meeting place and time specified by the Service Provider are obligatory for the Customer/passengers. In the event of the Customer/passengers being late for more than 15 minutes or a no-show, the Service Provider has a right to cancel the flight or carry it out without the Customer/passengers. In this case,  it is considered that the service has been properly provided and the deposit or the money paid for the service is not refunded. If the Customer/passengers have not paid for the service, the Service Provider has a right to ask the Customer/passengers to pay the entire price for the services booked.

3.3.7. A scheduled meeting and/or flight location may be changed by the Service Provider for objective reasons (actual meteorological conditions, limitations of air traffic control services and of other authorities) even after the flight has been confirmed. In this case, changes to the meeting and/or flight location are obligatory for the Customer/passengers

3.4.       Time of the provision of the Services

3.4.1. Hot air ballooning season statistically starts on April 1^st (+/- 15 days) and runs until October 15^th (+/- 15 days). Under favourable weather conditions and at a Service Provider’s initiative, flights may be continued off-season.

3.4.2. In summer, flights are usually conducted in the morning (5.00 – 9.00) before the start of thermals (vertical air currents), and in the evening (18.00 – 21.00) when the thermals stop. In autumn and spring, morning flights start later (8:00 a.m.), and evening flights start earlier (4:00 p.m.). In winter, flights can take place during the day.

3.4.3. Preliminary meeting and flight times are:

3.4.4. Preliminary meeting time is 1 hour before the start of the flight.

3.4.5. The specific meeting location and flight time are decided by the Service Provider after taking into account the meteorological conditions, restrictions established by the air traffic control services and other authorities. Flight time is always chosen after considering the safety of the flight.

3.4.6. The Customer understands that even after the flight has been confirmed, the Service Provider may delay the flight or move it to a later date for safety reasons. In that case, the expenses (such as accommodation, travel expenses and etc.) experienced by the Customer/passengers are not compensated.

3.5.       Meteorological Conditions

3.5.1. The Service Provider operates under the visual flight rules only if the latest meteorological information indicates that the meteorological conditions for the entire duration of the flight along the route will be in accordance with the requirements of the balloon manufacturer’s visual flight rules.

3.5.2. The Service Provider has a right to cancel or terminate a flight that has already started for safety reasons at any time if:

3.5.2.1.     it is raining heavily or there is a high chance of heavy rain;

3.5.2.2.     anticipated and actual wind with gusts are stronger than 7,5 m/s (15 knots),

3.5.2.3.     atmospheric convection (thermals) has started or hasn’t yet finished;

3.5.2.4.     it is foggy (except local radiation fog, no thicker than 5 meters) or when there is a probability of such fog forming during the flight;

3.5.2.5.     there is a storm forecasted or there are dangerous storm clouds in (or close to) the flight area.

3.5.3. The Customer understands that, even after the confirmation, the flight may be cancelled by the Service Provider at the meeting place or launch for safety reasons and the expenses experienced by the Customer/passengers (accommodation, travel to a meeting place, etc.) are not compensated.

3.6.       Flight Cancellation

3.6.1. The Customer has a right to cancel his/her participation in the flight free of charge no later than:

• 24 hours before the start of the flight, if the Customer has booked 1-3 places in the balloon,
• 48 hours before the start of the flight, if the Customer has booked 4-10 places in the balloon,
• 72 hours before the start of the flight, if the Customer has booked more than 10 places in the balloon.

3.6.2. If a Customer cancels his or her participation in the flight later than provided for in the clause 3.6.1. but no later than 12 hours before the scheduled start of the flight, 80% of the price paid shall be refunded to the Customer/Passengers. If the service fee was not paid in advance, the Service Provider has a right to ask the Customer to compensate for the losses experienced. In this case, the loss is equal to the 20% of the value of the services booked.

3.6.3. If a Customer cancels his or her participation in the flight later than 12 hours before the start of the flight and after the flight had been confirmed by the Service Provider, it is considered that the service has been properly provided and the money paid for the service is not refunded. If the Customer/passengers have not paid for the flight in advance, the Service Provider has a right to ask the Customer to compensate for the losses. In this case, the loss is equal to the 100% of the value of the services booked.

3.6.4. The Service Provider has a right to cancel the flight of one or all hot air balloons, or the participation of one or more persons at any time, if that is required for safety reasons. In this case, the Service Provider proposes an alternative date to the Customer/passengers.

GIFT CERTIFICATE

 4 .1. Gift Certificate Definition

4.1.1. Gift Certificate –  is a document transferred form the Service Provider to the Customer that confirms that the Customer or another person chosen by the Customer has a right to the specific service indicated in the certificate.

4.1.2. A Gift Certificate can be presented in digital or paper format.

4.1.3. A Gift Certificate contains its number, the name of the service chosen, Customer’s preferred place of service, the number of passenger to whom the certificate applies, the date or purchase and expiry of the certificate, the Service Provider’s contacts and further instructions.

4.1.4. A Gift Certificate does not include a name (unless stated differently in the Certificate), thus the owner of a Certificate can pass it to another person. In that case, all the obligations of the Service Provider shall pass to another person and the new holder of the Certificate shall acquire the rights and obligations indicated in these terms and conditions.

4.2.       Purchase of a Gift Certificate

4.2.1. A Gift Certificate can be purchased:

4.2.1.1. E-ticket online at www.ballooning.lt,

4.2.1.2. Paper ticket at the Service Provider’s office if an appointment is made in advance,

4.2.1.3. E-ticket or a paper ticket by contacting the Service Provider by phone +370 652 00510 or by e-mail and agreeing on the delivery of the coupon (by e-mail, mail or in person).

4.2.1.4. E-ticket or paper ticket by contacting Service Provider’s Partners (www.dovanusala.lt, www.laisvalaikiodovanos.lt)

4.2.2. The Customer may pay for the gift certificate using the methods specified in the clause 2.4.

4.3. Validity of a Gift Certificate

4.3.1. A Gift Certificate is valid for 12 (twelve) months from the date of purchase (unless a different validity period is agreed in advance and explicitly stated on the gift certificate). The Customer confirms that he/she clearly understands that hot air balloon flights are a seasonal activity that is dependent on meteorological conditions and lasts between the beginning of April and the middle of October. A Gift Certificate which expires in the off-season period must be used by the end of the current season. If a Customer does not use the Gift Certificate within its validity period, the money for the unused Certificate is not refunded.

4.3.2. Validity period specified on the Certificate may be prolonged and (or) renewed if the Customer proves that Certificate could not be used for objective reasons and/or a planned flight had been cancelled no fewer than 7 times by the Service Provider within the validity period of the Certificate:

• for 1 month – for no additional fee,
• for 3 months – with an additional fee of 20% of the Certificate value based on the prices valid at the time of the renewal,
• for 6 months – with an additional fee of 50% of the Certificate value based on the prices valid at the time of the renewal.

4.3.3. The validity period of a Gift Certificate cannot be extended if the Customer has refused to fly for 7 or more times after the registration.

4.3.4. The services specified in the Certificate are provided in accordance with the clauses 2.1 – 3.6 of these terms.

4.4.       Refund of a Gift Certificate

4.4.1. Gift certificates are non-refundable.

4.5.       Exchange of a Gift Certificate

4.5.1. During the validity period of a Gift Certificate, a Customer has a right to exchange the purchased Gift Certificate for another service that is cheaper, of the same value or more expensive. If a more expensive Gift Certificate is exchanged for a cheaper one, the difference in price is non-refundable. If a cheaper Gift Certificate is exchanged for a more expensive one, the Customer has to cover the difference. In any case, an administrative fee of EUR 10 per change shall apply.

4.5.2. The validity period of a new Gift Certificate remains the same as the validity period of the previous Gift Certificate.

RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1.       Customer Rights :

5.1.1. To demand a proper provision of the Services as it is stipulated in the service descriptions, Gift Certificate and these rules,

5.1.2. To receive timely and accurate information about the Service/flight location, meeting  time and place,

5.1.3. To cancel the flight if the Service Provider changed the flight location fewer than 8 hours before the scheduled flight time,

5.1.4. To bring on board a camera, camcorder or other necessary personal items that weigh up to 3kg (unless agreed differently with the Service Provider).

5.1.5. To transfer your right to the Service to another person (Service Provider has to be notified in advance). By transferring his or her rights to third parties, the Customer has to guarantee that the person to whom the rights are transferred, will duly comply with the obligations stipulated in this Agreement.

5.2.       Customer Obligations:

5.2.1. To provide the Service Provider with a correct and complete information, laid down in the clause 2.3., particularly about the weight of the passengers and about any health conditions that may pose a threat to the Customer or other passengers,

5.2.2. To arrive on time to the location designated by the Service Provider for the provision of Services,

5.2.3. To arrive to a meeting/service location sober, not under the influence of drugs or other psychotropic substances. Not to consume alcoholic drinks (except when it is a part of the Service or when a permission is given by the Service Provider), psychotropic substances, smoke,

5.2.4. To bring a ticket, booking confirmation or another proof of the purchase of the service to a meeting/service location,

5.2.5. To get acquainted with the information about the preparation for the flight and safety instructions, which must be signed, sent by the Service Provider,

5.2.6. To pay attention when the Service is being provided, listen to the instructions from the pilot and/or ground crew, especially during the pre-flight safety briefing and during the flight.

5.2.7. During the provision of the service the Customer/passengers are prohibited from carrying a firearm (unless (a) it is required for the safety of the passengers and the crew, (b) the person is authorized to carry a firearm and performs official bodyguard functions and (c) such flight has been pre-arranged with the Service Provider), any explosives, pyrotechnic articles or other items/ materials prohibited by civil aviation rules.

5.2.8. Do not smoke in the hot air balloon ant closer than 30 meters from it at all phases of a flight,

5.2.9. Pay to the Service Provider for the services that were or will be provided.

5.3. Service Provider Rights:

5.3.1. To demand accurate and complete information laid down in the clause 2.3. from the Customer/passengers,

5.3.2. To confirm, move to an earlier time, postpone, delay or cancel the flight, change the meeting location and flight site if that is necessary to ensure a safe flight,

5.3.3. To provide legitimate and reasonable instruction and requirements to the passengers and the accompanying people during the provision of the Service.

5.3.4. To refuse to provide Services to a Customer/passenger if:

5.3.4.1. at the time of booking, the Customer has provided the Service Provider with false, inaccurate, misleading or incomplete information, in particular regarding the number of passengers, their weights and health/pregnancy status,

5.3.4.2. the Customer/passenger does not possess a ticket, booking confirmation or any other proof that the Customer/passenger has a right to use the specific service,

5.3.4.3. the passenger is more than 15 minutes late or does not arrive to the meeting location,

5.3.4.4. the passenger is aggressive, does not listen, does not hear and understand the flight safety information provided to him or her, does not follow the legitimate instructions or requests of the Service Provider,

5.3.4.5. is under the influence of alcohol, drugs or psychotropic substances.

5.4. Responsibilities of the Service Provider:

5.4.1. To provide the Customer with quality services, as stipulated in the service descriptions and these rules.

5.4.2. To comply with safety requirements when providing services as required by the European Commission Regulation (EU) 2018/395 and other legal acts.

5.4.3. Make the maximum effort to provide the Customer with the selected service  within 30 (thirty) days from the first contact regarding the provision of the service to the extent that can be influenced by the Service Provider.

5.4.2.    To comply with the requirements of legal protection and confidentiality of personal data.

PERSONAL DATA PROCESSING

6.1.       Customer’s personal data shall be processed in accordance with the Privacy Policy approved by the Service Provider.

LIABILITY OF THE PARTIES

7.1. The Parties shall be liable for the failure to fulfil or improper fulfilment of their obligations in accordance with the laws of the Republic of Lithuania.

7.2. . The Service Provider does not guarantee the provision of the service chosen by the Customer on a particular day chosen by the Customer.

7.3. The Service Provider does not guarantee the provision of the Service if the Customer has provided false, inaccurate, misleading or not all the required data to the Service Provider at the time of booking.

7.4. The Service Provider shall not be liable for any damage to the property of the Customer / Passengers during the provision of the Service, unless the damage to the property has been caused directly by the Service Provider.

CONFIDENTIALITY

8.1. The Service Provider undertakes to keep confidential the information provided by the Customer (unless the service chosen by the Customer is provided by third parties). These obligations do not apply when the disclosure of the Customer’s data is necessary in the cases provided for in the legal acts of the Republic of Lithuania.

PASSENGER INSURANCE

9.1. According to the requirements of the EU Regulation Art. 2027/97, 889/2002, 785/2004, and 2018/395, each passenger place on the balloon is insured by the Service Provider for the duration of the Service at a minimum amount of SDR 250,000 (approximately EUR 250,000). The insurance is included in the price of the service.

9.2. Insurance does not apply to the Customer’s/passenger’s items that are lost or damaged during the provision of the Services.

OTHER TERMS

10.1.      The parties shall resolve any disputes arising from the implementation of this Agreement through negotiations. If any of the disputes arising from the implementation of this Agreement are not resolved within 30 days from the date of submission of the written notice, they shall be settled in the court of the Republic of Lithuania according to the procedures established by the legal acts of the Republic of Lithuania.

10.2. The Customer may submit a request/complaint regarding the Service Provider’s services to the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, phone number +370 5 262 67 51, fax +370 5 279 1466, website www.vvtat.lt) as well as for the territorial offices of the State Consumer Rights Protection Authority or to complete the application form on the EGS platform http://ec.europa.eu/odr/.