Hot Air 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
Air Operators Certificate Number N541038
1.1Substitute 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 2013 and include GST where applicable. Prices change every year on 1st April for travel after that date.
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$25 per person re-booking fee.
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 AU$25 per person re-booking 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.
4.4. Deposit 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 48 hours prior to travel and will be invoiced on that basis. Fail to Loads will be charged.
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, 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 : The Operator recommends that pregnant persons do not fly in a hot air balloon and will not carry passengers who are pregnant. Passengers who suspect they may be pregnant should check with their doctor before travel.
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 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.
8. Minimum Age Requirement : Children must be a minimum of FOUR 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 FOUR years old may travel with their parents on the tour, but must remain on the ground in the company of at least one parent while the other parent takes the balloon flight and in this situation the parents have the option to fly on successive balloon flights when available. Adult prices will apply from FOURTEEN 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 during breakfast. 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.
10. Flight Times and Duration : Hot Air operates balloon flights early in the morning as close to sunrise as possible, but does not guarantee passengers will be in the air at sunrise. Balloons travel with the wind, which governs their speed and direction. Accordingly, the duration of the flight may vary slightly at the pilot’s discretion.
10.1. 30 Minute Flight - Passengers on tours such as Gold30, C30, and PD30 will enjoy approximately 30 minutes of ballooning, which could be the first flight or the second flight of the morning. First flight seats are subject to availability and require an additional payment. Actual flight time may be more or less than 30 minutes and there will be no refund if the flight is less than 30 minutes. All Packages advertised on this website include a 30 minute flight. By special request packages may be available with 60 minute flights at an additional charge.
10.2. One Hour Flight – Passengers on tours offering a one hour flight such as the GC60, C60, PD60, and LX60 will enjoy approximately 60 minutes of ballooning. The flight time may be offered as two separate, sequential 30 minute flights taken one directly after the other with a short changeover in between the two flights, or as a continuous 60 minute flight, depending on operational restrictions. Continuous 60 minute flights may have to be loaded with upgraded 30 minute passengers if there are insufficient 60 minute passengers to allow the balloon to fly. In such circumstances, 60 minute passengers have the option of flying with the upgraded passengers or shortening their flight to 30 minutes and receiving a refund back to the 30 minute price. Please let the crew know prior to loading which option you prefer.
11. Private Charter : The private charter of balloons will be subject to the total of the passengers’ weight. 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 do not include a private charter.
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.
13. Minimum Numbers : Our normal balloon tours depart daily and we accept bookings for just one person (excluding Brisbane tours). The Luxury Hot air Balloon tour Charter Hot Air Balloons are based on a minimum of two passengers and are subject to availability.
14. 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 our Duty Manager on 0438 711 770 for Cairns or 0438 392 808 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.
17.1. 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 : As part of your Hot Air Balloon tour, Hot Air advises that photos and/or film are taken daily as a service to all our passengers on the morning. By travelling with Hot Air you are accepting that you assign all copyright in such photos and/or film to Hot Air & acknowledge that Hot Air has & reserves the right to use such photos and/or films in any medium & in any reasonable manner whatsoever without payment or notification to you.
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.
24. Gift Vouchers : All gift vouchers are valid for 12 months from initial date of purchase and are fully transferable within that period. Gift vouchers are not refundable in part or full and cannot be redeemed for cash. If you wish to extend the validity of your voucher, this can be done for a further 6 months by paying an extension fee of AU$25 per person.
25. Failure to Load : If you fail to show for your tour for whatever reason, you will not receive a refund. You may rebook your tour for an additional fee of AU$25 per person. The Operator recommends travel insurance by taken out by all passengers.
26. Payment Methods : Payment can be made by :
26.1. Cash, direct deposit, AU$ travellers cheques, Visa card, or Mastercard. Payment by Amex or JCB card will attract a 4% surcharge for processing and this surcharge is non-refundable in the event of a trip cancellation.
26.2. Credit Card Declined : If your credit card payment 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 1st June, 2012