Hot Air Balloon Terms and Conditions of Travel Conditions of Travel and Use

All Passengers using the services of Hot Air do so under the following terms & conditions. By paying for and accepting supply of these services you agree to be bound by these conditions.

1. Operator

means Hot Air Pty Ltd ABN 97053836025
Trading as Hot Air Balloon Cairns, Hot Air Balloon Gold Coast, Hot Air Balloon Brisbane and Hot Air Balloon Port Douglas. Also Balloons over Brisbane and Fly Me To The Moon
Air Operators Certificate Number N541038

1.1 Substitute Operator :

Due to operational requirements on the morning of travel, you maybe flown by another CASA accredited balloon operator who will also provide your transfer. We will endeavour to give you as much notice as possible of such a change, but you may not know until you are being collected for your flight on the morning. Please be assured that any other operator we use will have full insurance as required by Australian Regulations and is carefully chosen by us to meet high standards of customer care and safety.

2. Fare Prices

Fare prices are in Australian Dollars for travel up to and including 31st March the year following and are calculated live in our system, They include GST where applicable. Prices change at least every year on 1st April for travel after that date or may change at any time based on prevailing market prices or changes by other package operators. Price changes may apply across certain dates and peak seasons or weekends and public holidays, or due to availability. Final pricing will be given at checkout based on the travel date selected.

2.1. Currency

Prices are charged in AUD and will be refunded if necessary in AUD, any currency fluctuation that takes place in the meantime is at the risk of the customer and will not be reimbursed by the Operator.

3. Alterations to Bookings

3.1. Bookings for 9 people or less :

alterations made MORE THAN 72 hours before travel (earlier than 04:00am, 3 days before travel, as logged on the Operator’s system audit) may be made without penalty. Alterations made less than 72 hours before travel will attract a AU$50 per person re-booking fee payable immediately upon rebooking direct to the Hot Air not your travel agent.

3.2. Bookings for 10 people or more :

alterations made more than 7 clear working days before travel (as logged in the Operator’s system audit) may be made without penalty. Alterations made less than 7 clear working days before travel will attract a full cancellation fee.

4. Cancellation and Deposit Policy

4.1. Bookings for 9 people or less :

cancellations made more than 72 hours before travel (earlier than 04:00am, 3 days before travel, as logged on the Operator’s system audit) may be made without penalty and a full refund will be given to the Customer. Cancellations made less than 72 hours before travel will attract a 100% cancellation fee and no refund at the Operator’s discretion. The Operator 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.

4.2. Bookings for 10 people or more :

cancellations made more than 7 clear working days before travel (as logged in the Operator’s system audit) may be made without penalty and a full refund will be given to the Customer. Cancellations made less than 7 clear working days before travel will attract a 100% cancellation fee. The Operator 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.

4.3. Weather Cancellations :

 

4.3.1. Bookings for 9 people or less :

cancellations made by the Operator due to inclement weather will entitle the customer to a full refund of the Fare Price. Please note that if the customer made the booking for travel through a booking agent all refunds of deposits and booking fees are to be obtained directly from the booking agent. Such booking agent may at their discretion retain a booking fees less than or equal to 100% of the price.

4.3.2. Bookings for 10 people or more :

a deposit equivalent to 10% of the Fare Price on the booking will be retained by Hot Air as a booking fee. Please note that if the customer made the booking for travel through a booking agent all refunds of deposits and booking fees are to be obtained directly from the booking agent. Such booking agent may at their discretion retain a booking fees less than or equal to 100% of the price.

4.3.3. Prize Bookings:

Each prize booking is different based on the community support that this firm extends. Prize tickets are not refundable, not transferable and the expiry date cannot be extended. Prize tickets are subject to availability. Please note that if the customer received the prize via a third party, that the conditions for this ticket are only valid and available from the Hot Air reservations office and all terms and conditions relating to Prize tickets can only be accessed through this channel, information relevant to Prize tickets is not available through any company operational staff nor through the fundraiser, charity or community channel.

 

4.4. Payment Policy :

 

4.4.1.

If payment is not made at the time of booking, credit card details are needed to secure the booking and final payment needs to be made at least three days prior to travel

4.4.2.

In order to hold a confirmed space for more than 9 people Hot Air will require a minimum 10% deposit at the time of booking. This is refundable subject to the cancellation policy above.

4.4.3.

For Bookings requiring exclusive use, or greater than 20 people, prepayment of 50% of the final price will be required 3 weeks prior to departure. Final numbers are required 7 days prior to travel and will be invoiced on that basis. Fail to Loads will be charged based on the pax numbers advised and invoiced 7 days before travel.

4.4.4

Hot Air Pty Ltd or associated entities (the Operator), take no responsibility for the accuracy or validity of any credit card that is used in conjunction with a transaction that is undertaken by a travel agent, tour desk or other such person or entity (the Agent) that has entered into an agreement or transaction between that said Agent and another person wanting to participate on one of the tours the Operator offers.  

5. Quotes

Quotes for special events, incentives, private charters, and specific requirements and incentives will be valid for 7 days from the date issued. The Operator reserves the right to re-quote based on any changes to quote requirements. A deposit will be required with confirmation which may vary from the above, please ask.

6. Booking Processing and Payment :

Bookings for travel with the Operator may be made by telephone, facsimile, email, live chat or on the website. Once your booking is confirmed the Operator will issue you with a booking confirmation reference number. Your booking is not confirmed unless a confirmation reference number has been issued. Bookings not paid for by 72 prior to travel will be cancelled by the Operator.

7. Safety Requirements for Travel

7.1.

Hot Air ballooning is an outdoor adventure activity using rural properties that can be uneven or overgrown for take off and landing. Please come dressed as if you were taking a bushwalk with appropriate clothing and sturdy enclosed footwear. While the flight is gentle, landings can be bumpy and the basket may occasionally lay on its side with passengers lying horizontal for a short time. Please ask if you have any concerns. The packing up tasks at the end of the flight are optional and we would appreciate your assistance in these enjoyable activities. However, they do involve some lifting and participation is entirely voluntary. Passengers that are less able bodied are invited to stand back and take pictures of the fun.

7.2. General Mobility :

It is a Civil Aviation Safety Authority (CASA) and company requirement that Passengers flying with the Operator must be able to climb INTO the basket unaided, so that in the event of an emergency Passengers are also able to climb out of the basket unaided. The side of the basket is approx. 1.2 metres high with two footholds for passengers to use like a ladder when climbing into the basket. The Operator’s staff will be in attendance to supervise Passengers climbing into the basket but are not allowed to actively assist Passengers into the basket. The Pilot in command will make the final decision on whether a passenger is able to climb into the basket unaided and therefore travel on the balloon flight. In the event that the Pilot refuses to allow a passenger to board on this basis the Passenger will be given a partial refund through their booking agent or by Hot Air if they booked directly with the Operator.

7.3. Disabled Passengers :

The Operator recommends that disabled persons seek medical advice before participating in a balloon flight. Civil Aviation Safety Authority rules prohibit certain disabled persons for safety reasons. As stated above the Passenger must be able to climb in and out of the basket unaided in order to participate in the balloon flight. Disabled Passengers participating in the balloon flight do so at the own risk and the Operator accepts no liability for any damage or injury caused.

7.4. Pregnant Persons :

Passengers who suspect they may be pregnant should check with their doctor before travel. Pregnant passengers are permitted to fly with the Operator up to 3 months (less than 13 weeks) of their pregnancy term.

Pregnant persons beyond 3 months (13 weeks or more) of pregnancy are not permitted to fly.

7.5. Scuba Diving :

The Operator will not carry passengers who have participated in a scuba dive the night before their balloon flight. Passengers diving the day before travel should check with a qualified dive master as to the safety of the passenger in participating in the balloon flight. The Operator usually does not fly above 4,500 feet altitude and most flights are around 2,500 feet altitude. Passengers diving the day before travel who participate in the balloon journey do so at their own risk and the Operator accepts no liability for any damage or injury caused.

7.6. Medical Conditions :

Passengers with medical conditions should check with an appropriately qualified medical professional their suitability to fly prior to booking and advise our staff when booking. As the entire tour last more than 4 hours, passengers are advised to carry any necessary medication with them. Persons with medical conditions participating in the balloon flight and pack up activities do so at their own risk and the Operator accepts no liability for any damage or injury caused.

7.7. Alcohol and Drugs :

At no time will a passenger be allowed to fly if their judgement is impaired by alcohol, drugs, or prescription medicine. Passengers not able to fly may at the discretion of the Operator be given a partial refund through their booking agent or by Hot Air if they booked directly with the Operator.

7.8. Carriage at Pilot’s Discretion :

The pilot in charge of the balloon has absolute discretion in deciding whether a passenger will fly or not. Such decisions are made in the best interest of the safety of the passengers and crew and the Operator accepts no liability for any inconvenience or damage caused. Passengers not able to fly may at the discretion of the Operator or travel agent be given a partial refund through their booking agent or by Hot Air if they booked directly with the Operator.

7.9. Facemasks as a condition of travel:

Government and health authorities mandates for the wearing of face masks regularly change. You should familiarise yourself with this advice prior to travel. 

7.10. Refusal of carriage - danger to self, aircraft or other people

At our discretion we may refuse carriage to any person(s) where we reasonably believe their mental or physical state may be a danger to themselves, the aircraft or any person associated with it, regardless of holding a valid booking, and at any time.

Where notice of refusal of carriage is provided in writing prior to travel, the notice will outline the period of travel for which refusal extends, and expressly state that no other person will be permitted to book a ticket for the person(s) to whom the refusal applies. 

7.10.1 Refusal of carriage - not meeting Public Health measures

Guests who cannot or are unwilling to provide evidence of meeting requirements of Public Health measures where requested may be denied travel.

8. Minimum Age Requirement

Children must be a minimum of THREE years old to travel on the balloon flight and children up to the age of TWELVE years old must be accompanied by a responsible adult on the balloon flight. Children aged THIRTEEN to SEVENTEEN years old can travel on the balloon flight by themselves, but must be accompanied by a responsible adult for the rest of the tour including bus transfers. Children less then THREE years old may travel with their parents on the tour, but must remain on the ground in the company of at least one responsible adult at all times. Adult prices will apply from THIRTEEN (13) years old.

9. Extra Levy

A compulsory additional Aviation Insurance Levy applies to all passengers regardless of age and it will usually be collected on the day of travel. If you are paying directly to Hot Air over the phone or internet we will pre charge it leaving nothing to pay on the day of travel. The current rate for this levy is AU$30 per person and is marked as an additional included cost on all Hot Air Balloon flight tours and packages.

9.1 Peak Season Surcharge and Variable Pricing by Date of Travel :

Prices displayed are the lowest available, and are only available on some days, hence a peak season or seasonal surcharge may be applied once the date is selected in the shopping cart. This applies ot times such as weekends public holidays, Chinese New Year and Christmas. Actual dates can be given by the operator or can be seen by selecting you date of travel in the checkout cart.

10. Flight Times, "Sunrise" and Duration

Hot Air 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. Be aware that weather conditions or cloud may of course affect to what degree the sun or sunrise is seen. Balloons travel with the wind, which governs their speed and direction. 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 at the pilot’s discretion, as they make adjustments to environmental and regulatory influences. 

11. Private Charter :

The private charter of balloons will be subject to the total of the passengers’ weight. Individual weights of each passenger must be supplied at the time of booking so that we may check the correct weight and balance will be present for the balloon on the day.    Quotes are available from the Operator for specific group sizes. Please provide each passenger’s approximate body weight upon request for the quotation. Luxury products and Tour codes beginning with LX do not include a private charter balloon.

11.1 Luxury Products LX Tour Code :

Luxury products (Tour Codes beginning with LX) do NOT include a private charter balloon. The Luxury Hot air Balloon tour and Private Hot Air Balloon trips are based on a costing of a minimum of two passengers and are subject to availability of operational resources, balloons and vehicles which may change at the last moment. For one Person only, travel is possible but an extra charge on top of the standard price quoted on our website (which is priced on 2 people minimum in the vehicle)  will be levied, quoted upon application for just one person to travel on the luxury or private charter products.

12. Days of Operation :

Hot Air balloon rides are operated by Hot Air daily all year round (subject to weather conditions and passenger loadings) excluding New Years Day and Christmas Day.  Hot Air reserves the right to alter flight and pick up availability at any time.  Passengers are asked to confirm on the afternoon before that their tour will be operating and to ensure we have a mobile phone contact for them.

13. Minimum Numbers :

Our normal balloon tours depart daily and we accept bookings for just one person (excluding Brisbane and Port Douglas tours).  The Luxury Hot air Balloon tour Charter Hot Air Balloons are based on a minimum of two passengers and are subject to availability of operational resources, balloons and vehicles which may change at the last moment. An extra charge on top of the standard price quoted on our website (which is priced on 2 people minimum in the vehicle)  will be levied, quoted upon application for just one person to travel on the luxury or private charter products.

14. Aviation Insurance

Aviation Insurance in Australia is governed by the Civil Aviation (Carriers’ Liability) Act 1964 (Qld). The Operator’s Certificate of compliance and currency may be viewed HERE. Further details may be found at the Civil Aviation Safety Authority (CASA) website.

15. No Warranty :

The Operator does not warrant the accuracy, completeness, suitability, or reliability of any information, service, or product listed on the Operator’s website.

16. Itineraries, Pickup and Drop Off Times

The times given in brochures, this website, emails, over the phone or other means are approximate and subject to change depending on the time of year and your exact pickup location. They may be earlier or later than those described. A closer time can be given to you upon reconfirmation with us the day before travel. Some small delays may ensue on the morning of travel if people to be collected before you are late arriving or there are traffic hold ups, which are out of our control. All efforts will be made to contact you if we are going to be more than 20 minutes after your scheduled pickup time. Call us on (07) 4039 9900 for Cairns or 07 5636 1508 for Gold Coast if you have a concern about your pickup being late.  The time you are returned from your tour is entirely dependent on how the morning unfolds and can vary for a number of reasons, outside the Operators control.  The Operator accepts no responsibility for any delay in returning passengers to their pick up location, connecting tour or departure point.

17. Disclaimer

17.1.

All passengers participate in a Hot Air Balloon tour at their own risk. The Operator does not accept any liability for any loss, claim, injury, or any direct, indirect, incidental, special, or consequential damage which may arise out of or is in any way connected with the Passenger’s participation in the Hot Air balloon tour.

17.2.

Under no circumstances shall the Operator be liable for any loss, claim, or any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or savings) which arises out of or is in any way connected with the use of any information, any listing of any data on the Operator’s website, or any delay or inability to use this website based on tort, contract, strict liability, or otherwise.

18. Jurisdiction

The laws of Queensland apply in relation to these terms and conditions and the Operator’s business.

19. Third Party Websites

This website may contain links to other websites maintained by third parties. The Operator is not responsible for and does not operate or control any information or services provided on such third party websites. The links are provided solely for convenience and do not constitute an endorsement by the Operator.

20. Condition Changes :

The Operator reserves the right to amend the terms and conditions contained herein at any time. Visitors to the site shall be responsible for reviewing such term and conditions regularly.

21. Photographs, Filming and Media

During your Hot Air Balloon tour, Hot Air may take photos and/or film on a daily basis as a service to all our passengers. By booking a tour with Hot Air, you agree to assign all copyright in such photos and/or film to Hot Air. You acknowledge and agree that Hot Air has the right to use these photos and/or films in any reasonable manner, without any obligation to compensate or notify you. This includes the use of these photos and/or films in any medium, such as for marketing and promotional purposes. If you have any concerns or objections, please contact Hot Air prior to booking your tour.

21.1 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.

21.2 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 cases the pilot or crew will prioritise these primary tasks and photos will not be taken.

21.3 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 back up systems in place, such failure may result in a loss of data.

21.4 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 21.2 and 21.3.

22. Copyright : 

The compilation of the information contained herein is the copyrighted work of the Operator 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 website sold without the express written consent of the Operator and where necessary other information providers. The Operator consents to Travel Agents selling the Operator’s products to use the material in their promotion of Australia, Queensland, Cairns, and the Operator directly by downloading from this website. Product and company names mentioned herein may be the trademarks or registered trademarks of their respective owners.

23. Personal Items :

All personal items are carried at the risk of the Passenger. Bags and backpacks may not be carried on the balloon due to weight and safety restrictions, do not bring large bags on our tour.

We strongly advise you NOT to bring valuables or Passports or identity documentation on our tour at all. But instead you should leave behind at home or in your hotel for safe keeping. You are specifically advised there are no secure facilities for storing personal items, while on tour.
Hot Air and/or its employees accepts no responsibility, nor are we liable for,  any act of omission whatsoever (whether inside or outside their control) for any tour which may result in any loss, damage, detention, diversion or theft in regard to personal belongings, and will be exempt from liability in respect of direct or indirect or consequential loss or damage, irregularity, travel delay,  itinerary alteration omission or extension, we accept no liability for additional expenses whatsoever. Nor will we accept liability for inconvenience or any other event beyond our control including loss of other services, any acts of God, acts of government or other authorities, delays, strikes or cancellation or changes in itinerary or schedules whatsoever, howsoever by whosoever caused.

You are specifically advised that you should have your own travel insurance, or home insurance for any loses incurred by any theft or loss on our tour and that we will accept no liability in that regard.

24. Gift Vouchers

All gift vouchers purchased directly with Hot Air Balloon from the 1st November 2019 are valid for 3 YEARS from the initial date of issue. Gift vouchers purchased prior to 1st November 2019 are valid as stated on the voucher at the time of purchase. If you wish to extend the voucher passed the validity date, if appropriate this can be done for a further 60 days by paying an extension fee of AU$25 per person. Gift Vouchers purchased directly with Hot Air are fully transferable and will only be refunded to the purchaser (this is for valid vouchers only).ALL donated or contra vouchers are ONLY valid as stated on the voucher and may not be extended past the expiration date.

25. Failure to Load

If you fail to show for your tour for whatever reason, you will not receive a refund as we will have held a firm seat for you and turned away other bookings to do so.  You may rebook a tour for another day in this instance for a fee of $50 nett per person immediately payable at the time of rebooking direct to Hot Air not your travel agent .   The Operator recommends travel insurance by taken out by all passengers.

26. Payment Methods

Payment can be made by :

26.1.

Cash, direct deposit, AU$ travellers cheques, Visa card, Mastercard, PayPal or Alipay. Payment by Amex or JCB card will attract a 2.5% surcharge for processing and this surcharge is non-refundable in the event of a trip cancellation. 

26.1.1 Credit Card Verification for Prepaid Bookings

To ensure the security and integrity of credit card transactions, Customer's who have prepaid tickets purchased directly with Hot Air MUST present the credit card used for payment to our Hot Air team on the day of travel. This is to verify and match with our records. Failure to produce the original credit card will result in denial of carriage. 

26.2. Credit Card Declined :

If your credit card payment or PayPal or other payment method cannot be authorised by the Operator earlier than 3 days prior to travel, our system will automatically cancel your reservation. The Operator will attempt to contact the Customer to obtain another form of payment. However, if the Operator cannot contact the Customer the Customer’s booking will not be held. The Customer will know that the Operator has obtained a correctly authorised payment and made a booking once the Customer receives their booking confirmation reference number and not before.

26.3. Travel Agents Voucher :

If your travel agent gives you a voucher, its acceptance by us as a means of paying for your service depends upon your agents’ continuing good credit status with Hot Air. We reserve the right to ask you for full cash payment on the day of travel if we are unable to get satisfactory responses to our payment enquiries and credit checks of your travel agent.


Updated 07 Sept 2023