Terms and conditions

Article 1: GENERAL
a) These general terms and conditions apply to the provision of services and to all passenger voyages, unless one or more of these provisions are declared inapplicable or amended in writing for a specific case.
b) Agreements are only concluded after written confirmation. Complaints regarding the content of such confirmation must reach us within eight days of the date of the confirmation.
c) If the client also referred to their General Terms and Conditions upon conclusion of the agreement, these terms and conditions prevail over those of the client.

Article 2: OFFERS AND PRICES
a) All offers made by PBN members are non-binding and valid for a period of 14 days. If an offer is not accepted within that period, we are entitled to withdraw or amend the offer already made. Verbal commitments are not binding unless confirmed in writing.
b) Prices are exclusive of VAT, unless expressly stated otherwise. c) Gift vouchers for hot air balloon rides are valid for a maximum of one year and, unless otherwise agreed, expire after that period.
d) If the written order confirmation deviates from the order verbally discussed and specified with the client, the client is deemed to have accepted the deviation unless they notify us of their disagreement within five business days of the date of the order confirmation.
e) If the cost of carrying out the order increases due to any cause, whether foreseeable or not, we are entitled to pass on this increase, unless otherwise agreed. In this case, the client has the right to cancel the agreement.

Article 3: CANCELLATIONS AND CHANGES
a) If the client cancels the agreement up to 14 days before the scheduled hot air balloon flight, the client is liable for a 10% fee on the agreed-upon costs for the order.
b) In the event of cancellation within 14 days before the scheduled hot air balloon flight, the client is liable for the entire agreed-upon amount. c) The client can change the date of the scheduled balloon flight up to 14 days before the scheduled flight. The cost of this change will be a maximum of 25 euros per passenger per change.
d) We reserve the right to cancel the balloon flight if weather conditions do not permit a balloon flight. In this case, no compensation or refund will be provided, but a new date will be scheduled in consultation.

Article 4: LIABILITY
a) We are not liable for any damages suffered due to the failure or insufficient fulfillment of any obligation arising from the agreement, unless the damage is due to intent or gross negligence, or is otherwise attributable to us under Dutch law or prevailing standards in the Netherlands.
b) Any liability, for whatever reason, is always limited to the invoice amount relating to the agreement for which we are held liable.
c) Our liability can never exceed the amount covered by our insurer, possibly increased by the amount invoiced by us for the assignment. d) By participating in hot air balloon rides or other activities offered by us, participants accept their own risk. Furthermore, participants in hot air balloon rides are required to adhere to the instructions given to them by our employees at all times. If participants fail to comply with these instructions, we are never liable for any damage whatsoever.

Article 5: EXECUTION OF THE AGREEMENT
a) All passenger flights will be conducted in accordance with our established code of conduct and safety.
b) Unless otherwise agreed upon entering into the agreement, the method of execution of the agreement is at our discretion. We will act to the best of our knowledge and ability and in accordance with the methods customary in the performance of such activities.
c) We reserve the right to postpone the balloon flight at the last minute, or cancel it entirely, if external circumstances prevent the safe execution of the balloon flight or if, in our opinion, the flight poses too great a risk to safety.
d) The client bears the risk for any expenses already incurred for transport to the location of the assignment in the event of situations such as those mentioned in point 5c).
e) The client bears the risk of the client’s failure to appear or delay in participating in the execution of an assignment. f) Because ballooning is highly dependent on meteorological conditions, no rights can be derived from any scope or duration of the service specified by us. Such specifications are always approximate and based on ideal conditions. If the scope or duration is shorter, the order is deemed to have been fully completed.
g) The client is obligated to follow orders from the pilot and crew of the balloon insofar as these orders relate to the execution of the balloon flight. This applies before, during, and after the balloon flight.

Article 6: PAYMENTS & COLLECTION
a) Payment for the balloon flight is made in advance, unless otherwise indicated.
b) If it is agreed that payment for the balloon flight will be made afterwards, this must be done within fourteen days of the invoice date, without discount or claim for compensation.
c) In the event of non-payment or late payment, we reserve the right to terminate the agreement, insofar as it has not yet been performed, without judicial intervention. d) In the event of non-payment or late payment of an invoice, the client owes default interest of 1.5% per month of the total invoice amount from the due date, with part of a month being considered a full month. Payments will first be deducted from the interest due.
e) In addition to the principal amount and default interest, we are also entitled to claim from the client all collection costs incurred as a result of non-payment, both judicial and extrajudicial, including the costs of legal assistance by third parties. Extrajudicial collection costs amount to 15% of the principal amount, with a minimum of €125, without prior notice being required.

Article 7: COMPLAINTS
a) If a client has a complaint about the performance of the agreement, the complaint must be submitted immediately in writing to the relevant PBN member. Complaints not submitted within eight days will not be considered. b) If the complaint is not satisfactorily resolved, the client must submit the complaint to the PBN board within fourteen days.
c) Complaints do not entitle the client to suspend payment.

Article 9: OTHER PROVISIONS
a) If any of the preceding provisions are (partially) invalid, the remaining provisions remain fully in force.
b) We reserve the right to amend or modify these general terms and conditions at any time.

These general terms and conditions were filed with the Chamber of Commerce and Industry in Utrecht on 3 April 1997. File number 4840.