I. General provisions
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The company ADS ballooning, s.r.o., ID No.: 36 187 321, with its registered office at Jačmenná 10, 040 01 Košice, registered in the Commercial Register of the District Court Košice I, sec. 10626/V (hereinafter referred to as the “Operator”) is authorised for special operation and sightseeing flights by hot air balloons (hereinafter referred to as the “Services”).
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These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the contractual relations and define the rights and obligations between ADS ballooning and the customer of the service or a third party for whose benefit the service is ordered or who uses the service (hereinafter referred to as the “client”). All such contractual relations are governed by the General Binding Laws of the Slovak Republic and these GTC.
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These GTC are published on the website of the operator – www.balon.sk.
II. Establishment of the contractual relationship
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The contractual relationship between the operator and the client is established by the payment of a deposit or the full purchase price of the service.
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By ordering the service, the client agrees that his/her personal data will be stored by the operator in accordance with the relevant data protection laws. The Operator hereby undertakes to use this data only for its own use and not to resell it to third parties.
III. Withdrawal from the contract
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When purchasing a balloon ticket service via the Internet, the client has the right to withdraw from the contract without giving any reason within 14 days from the day following the date of conclusion of the contract, unless the proper provision of the service has occurred earlier.
After the aforementioned deadline, the client is entitled to withdraw from the contract only if, despite the duly concluded contract, there has been another serious breach of contract by the operator and the remedy has not been carried out despite the client’s prior written notice within a reasonable period left to the operator for this purpose.
Withdrawal from the contract will invalidate the ticket.
The Client is not entitled to withdraw from the contract after the ticket has expired, unless otherwise stated in the GTC. -
If the client withdraws from the contract, the operator shall refund the payment without undue delay, at the latest within 14 days from the date of receipt of the client’s notice of withdrawal from the contract. The operator shall preferably use the method used by the client for payment for the services, unless compelling circumstances prevent this or unless the operator and the client have agreed otherwise.
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In order to exercise the right of withdrawal, the client must inform the operator of his withdrawal from the contract in the form of a unilateral legal act (letter sent by post or e-mail).
IV. Subject matter of the contract
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The subject of the contract is the operator’s obligation to provide the client with a balloon flight under the terms and conditions set out in the order and order confirmation and under the terms and conditions set out in these GTC.
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The balloon flight includes a flight of about 1 hour and the baptism of the first years with the issuance of a baptism certificate of the airman.
The duration of the flight may be shortened or extended by the decision of the pilot or the balloon commander, depending on the meteorological and local conditions, without any compensation for the price. -
The client is entitled to use the balloon flight service:
- only upon presentation of a valid ticket, proof of payment or a valid certificate / voucher to an intermediary company that has a cooperation agreement with the operator,
- during the validity period of the ticket – unless otherwise agreed by the parties,
- on the terms and conditions published in the specific offer and/or on the ticket. The Client takes the purchased flight at his/her own risk.
V. Price of balloon flight
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The price list for balloon flights is always available on the operator’s website – www.balon.sk. The price of the balloon flight is always indicated on the tax document or on the advance invoice, depending on the specific contract. The price is always inclusive of the applicable VAT rate.
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The client is obliged to pay the full price of the balloon flight to the operator no later than 24 hours before the date of the flight, unless otherwise agreed.
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The price for the balloon flight can only be paid by the client by the methods indicated on the operator’s website www.balon.sk. Payment in cash is possible only upon personal collection at the operator’s headquarters.
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The price for the balloon flight outside the balloon flight itself includes: baptism of the first-born, transport by escort vehicle from the landing site back to the launch site and statutory insurance for passengers.
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If the client claims a discount on the price of the balloon flight, he/she is obliged to notify the operator in advance when booking. If he fails to do so, the operator may not accept the discount. Individual discounts for balloon flights cannot be combined and/or aggregated with other discounts.
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The ticket price is calculated per person up to 120 kg. If the weight exceeds the specified weight, there is a 50% increase to the price of the purchased ticket.
VI. Ticket
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The client can order a balloon flight / ticket via the e-shop on the website www.balon.sk, by phone, e-mail, in person at the operator’s headquarters, or can purchase a voucher from the contracted dealers.
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The ticket can be picked up by the client in person at the operator’s headquarters or at the contractual partners, it can be sent to the client electronically by e-mail or by post. The Operator is not responsible for any delays caused by distribution.
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The ticket entitles the client to a balloon flight at the location specified in the ticket. Additional change of the launch location is possible, upon agreement with the operator.
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The ticket is non-refundable. In exceptional cases, the ticket can be cancelled. The cancellation fee is 50% of the ticket price. In this case, the money will be paid to the buyer.
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The ticket is transferable unless otherwise agreed by the parties. In the event that the client appoints a substitute person for him/her for the balloon flight, the operator shall not charge any additional fees.
VII. Ticket validity
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The validity of the ticket is 1 year from the date of sale to the client. If the balloon flight is purchased as part of a promotion published by the operator, the launch location and/or the validity of the ticket may be limited.
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The validity of vouchers purchased from the operator’s contractual partners is limited in accordance with the terms and conditions of the contractual partners.
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If no flight dates have been booked during the validity period of the ticket, the ticket will be forfeited at the end of the validity period and can no longer be redeemed or extended.
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The validity of the ticket can be extended by the operator in exceptional cases, which the operator will confirm by mail or in writing. The extension of the validity of the ticket is subject to the booking of a minimum of three flight dates by the client during the validity period of the ticket. If the price of the ticket has changed in the meantime, the operator may claim the difference in price upon renewal.
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If a flight duly booked under these terms and conditions is not operated due to inclement weather on the flight, the operator shall offer the client an alternative date within the validity period of the ticket, if this is possible for capacity reasons, or extend the validity of the ticket for the necessary time. The client may book an alternative flight date during the validity period of the ticket or within the extended validity period.
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If the client does not show up for the flight according to these GTC, or if he/she does not cancel the reservation at least 48 hours before the flight, the ticket will be forfeited and he/she will not be entitled to a refund of the ticket price or to any compensation from the operator.
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The ticket is transferable.
VIII. Booking a flight date
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The date of the flight will be arranged with the operator after the conclusion of the contract / payment for the balloon flight:
- via the booking form on the operator’s website,
- by calling the operator’s telephone number for balloon flight bookings, which is indicated on the operator’s website and/or on the ticket,
- by e-mail to the operator’s e-mail addresses indicated on the operator’s website and/or on the ticket.
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The operator will confirm the reservation of the balloon flight date to the client by phone, SMS or e-mail.
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The booked date will be confirmed afterwards depending on the weather forecast or balloon capacity (if applicable).
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The operator may cancel the date of the balloon flight also on the day of the launch if the current weather conditions are not suitable for a safe flight. The pilot or balloon commander decides on the basis of expert information. The client hereby acknowledges that precipitation, excessive wind, bad wind direction, poor visibility, weather warnings as well as the decision of the Air Traffic Controller preclude the flight.
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The operator decides on the starting point. The Client hereby acknowledges that the take-off point may change due to current meteorological conditions, safety considerations, the decision of the Air Traffic Controller, applicable aviation regulations and conditions.
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If the balloon flight does not take place on the agreed date due to unsuitable weather conditions or if the balloon is not full (if applicable), the client will sign up for another flight date.
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If the client is unable to take part in the flight on the agreed date for serious reasons, he/she shall notify the operator of this fact at least 24 hours before the flight is scheduled to take place. If the client fails to do so, he/she shall be obliged to designate a substitute for him/her or forfeit the ticket.
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In the event that the operator discovers that at least 24 hours prior to the flight the full purchase price for the balloon flight has not been paid and the parties have not agreed otherwise, the operator shall be entitled to cancel the agreed date without refund.
IX. Restrictions
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Health restriction
1.1. For safety reasons, pregnant women, children under 130 cm and persons who cannot stand during the entire flight are not allowed to take part in the balloon flight. Clients under 15 years of age may only fly accompanied by a legal guardian or an adult who will take responsibility for the client, with the written consent of the legal guardian. Clients aged 15-18 years may fly with the written consent of a legal guardian.
1.2. If the client has regular and serious health problems, or if he/she is being treated for heart disease, circulatory or respiratory diseases or reduced mobility, the operator recommends that the client consult a doctor.
1.3 The operator, through the pilot or balloon commander, may refuse the flight if the client(s) is suspected of being under the influence of alcohol, drugs or other intoxicants. -
Weight restrictions
2.1.A client with a weight of more than 120 kg is obliged to notify the operator of the operator before booking the flight date, who will reduce the capacity by one person for the flight in question. At the same time, the client will pay 50% of the price of the ticket already purchased.
2.2. The operator may require information about the weight of the passenger, which is necessary for the preparation of the balloon and the safe execution of the flight. -
Important information and warnings
3.1 In the interest of a smooth and safe flight, all instructions of the pilot or balloon commander must be respected.
3.2 If the client agrees, he/she may participate with the pilot and the balloon crew in the preparation for the flight and in the post-landing activities of the balloon.
3..3 During the transport to the launch site, during the flight and before landing, the pilot will instruct the client on how to behave.
3.4 The operator points out that only clients have a seat in the accompanying vehicle. Friends or family members may follow the escort vehicle in their own car. -
Clothing and luggage
4.1 Comfortable sports clothing and sturdy shoes are recommended. Clothing and footwear may become soiled during flight and landing.
4.2. If clothing and footwear is inappropriate for the flight, the pilot may exclude the client from the flight.
4.3 Photography and filming during the balloon flight is permitted for home video purposes only. Commercial filming and photographic documentation may only be carried out under the conditions set out in advance and separately by the operator.
X. Insurance
- Each passenger is insured in accordance with applicable law.
- Insurance claims and injuries must be reported immediately to the pilot/balloon master or operator.
XI. Execution of the flight by another company
- In individual cases, the operator may entrust the flight to another supplier company that also operates hot air balloon flights and meets the same legal requirements of the Civil Aviation Act. The liability in this case shall be assumed by the entrusted company and the pilot.
XII. Termination of the Contract
- In the event that the client does not use the balloon flight before the expiry of the ticket, the contract will be terminated without any right to a refund of the purchase price paid.
- The contract will be terminated before the expiry of the ticket validity period without any right to a refund of the purchase price paid if:
- the client fails to show up on the agreed date for the balloon flight without apology or justification,
- cancels the agreed flight less than 48 hours before the flight without appointing a replacement,
- the client is excluded from the flight by the pilot due to suspicion of being under the influence of alcohol, drugs or other substances.
XIII. Application of liability for defects
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The operator is responsible for ensuring that the service is provided in a manner that complies with the requirements of generally binding legislation. The Client is entitled to complain about any defective performance in the manner specified in the GTC.
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A valid and effective contract between the client and the provider is a prerequisite for a claim. The client is entitled to make a complaint about the ordered services with the responsible person or in writing at the operator’s registered office, electronically at the e-mail address balon@balon.sk or by phone at 0911 166 333.
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In the complaint, the client shall indicate in particular the name and surname, ticket number and describe in detail the nature of the defect complained of. The client is also entitled to provide additional information that will help the investigation of his/her complaint, as well as his/her preferred method of complaint handling.
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The Client is obliged to claim the services immediately after delivery of the defective performance. Immediately upon receipt of the ticket (invoice), the Client is also obliged to check the data contained therein. Defects that are not pointed out by the client even within 14 days from the date on which the client could have identified them, the operator is not obliged to take them into account and the client loses the right to a change or compensation.
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The possibility of complaint does not apply to services that have not been duly ordered, paid for and/or booked.
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Orders are non-binding for the operator until they are paid and confirmed by the operator. The client is not entitled to any compensation from the order.
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The operator is not liable for the actions of the client that led to the fact that the services could not be properly provided, in particular, it is not liable for the late booking of the date of the service, which prevented its provision, as well as for other obstacles that led to the cancellation of the reservation by the client.
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In the event that the provision of the booked service is cancelled due to technical failure, adverse weather and the associated risk to the safe provision of the service, the client is entitled to make a new booking at a date within the validity period of the ticket.
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If the provision of the ordered service is denied or interrupted for reasons on the part of the client, in particular if the client is found to be under the influence of alcohol, drugs or other substances that make the provision of the service unsafe for the client or third parties, or if it turns out that the client does not meet the requirements necessary for the provision of the service (in particular height, age, weight, etc.), the client is not entitled to compensation.
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The operator shall investigate the content of the complaint as soon as possible, but at the latest within 30 days from the date of receipt of the complaint, and shall issue a confirmation to the client of the receipt of the complaint. The Operator shall then inform the Client without delay of the outcome of the complaint as well as of any possible compensation options.
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In the event that the complaint is accepted, unless otherwise stated in the GTC, the client has the priority right to the immediate removal of the defect by providing a new date for the use of the ordered services. In the event of a repeated justified complaint, and also in cases where the operator and the client expressly agree, the client is entitled to withdraw from the contract with the operator and demand a refund of the price paid.
XIV. Privacy Policy
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By placing an order, the client gives the operator explicit consent to the application of the GTC and also to the processing of personal data about the client, which the client has provided in accordance with Act 122/2013 Coll. on the protection of personal data, as amended.
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Personal data in the scope of name, surname, residential address, telephone number, e-mail address, age, weight, medical capacity are collected exclusively for the purposes specified in the contract and the GTC, while the controller processes only such personal data that correspond in their scope and content to the purpose of their processing and are necessary to achieve it.
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The personal and billing data necessary for communication with the client will be used exclusively for the purposes of the ordering system, for the purposes of internal analyses and analyses used to evaluate the system.
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The Client has the right to request corrections and modifications to the personal data concerning him/her, as well as the right to request their destruction or deletion from the Controller’s databases, at the earliest, however, after the expiry of the validity of the ticket.
XV. Final Provisions
- The legal relations between the client and the operator are governed by the law of the Slovak Republic.
- If any provision of the GTC or the Contract becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions thereof.
- The Operator reserves the right to change the GTC, which are effective for clients from the moment of their publication on the Operator’s website.
- By placing an order, the client accepts without reservation all provisions of the GTC, including all terms and conditions relating to price, etc., unless otherwise demonstrably agreed in a particular case.
- The GTC are valid with effect from 1.1.2025.