1. Terms and Conditions
The terms of the agreement between Tourism and Public Relations Services Limited a company registered in Tanzania (Registered. No. 13211) trading as Serengeti Balloon Safaris (‘T&PRS’ ‘we’ or ‘us’) and you (the ‘passenger’) are contained in these Terms and Conditions. No other terms and conditions shall apply unless accepted by us in writing.
2. Invoicing arrangements
Bookings made by passengers and intermediaries shall be invoiced by T&PRS.
3. Formation of Contract
Except in the case of bookings referred to in condition 2.3, an agreement is made when the booking is accepted by T&PRS who will acknowledge such acceptance by issuing a flight voucher naming each passenger. In the case of bookings referred to in condition 2.3, an agreement is made on receipt by us of payment of the ticket price by either credit/debit card or cash and of a counterfoil ticket signed by each passenger accepting these terms and condition (see condition 5).
4. Governing Law
The agreement between you and us shall be governed by and construed in all respects in accordance with Tanzanian law and the courts of Tanzania shall have exclusive jurisdiction in respect of any dispute, suit, action arbitration or proceedings which may arise out of or in connection with this agreement.
5. Flight vouchers and flight tickets
Flight vouchers will be exchanged for flight tickets which will be issued to each passenger who must sign a counterfoil ticket before taking part in their flight to acknowledge that they have read these terms and conditions and to confirm that the representations contained in Condition 10 are true. In addition to the balloon flight we provide transport from your lodge or camp to our launch site and from the landing point to the breakfast site, ‘Out of Africa’ style breakfast, and return transport to the rendezvous point.
6. Flight duration and direction
Our balloon flights are normally in the air for approximately one hour but the pilot has responsibility for deciding the duration of any flight and the appropriate time and place of any landing. We cannot guarantee that a flight will be for any particular duration or follow any particular direction. No refunds will be given for flights of less than one hour.
7.1 While the conditions are usually suitable it may be necessary (and we reserve the right) to cancel a flight if in our judgement the conditions are not safe or if there are other reasons outside our control which prevent such flight taking place.
7.2 You may cancel your flight reservation by notice in writing received by us no later than forty eight hours before 10 am on the date your flight is booked by email: email@example.com or by letter addressed to PO Box 12116, Arusha, United Republic of Tanzania.
If we cancel in accordance with condition 7.1 you will be entitled to a full refund.
If you cancel in accordance with condition 7.2
a) 14 days prior to flight – no fees charged.
b) 13 days – 7 days – 50% charged.
c) 6 days – 48 hours – 75% charged.
d) Less than 48 hours – 100% charged.
e) No show – 100% charged.
If you do not give notice of cancellation in accordance with condition 7.2, you will not be entitled to any refund. No refund shall be given if, as a consequence of any representation or misrepresentation referred to in condition 10.
9. Risk and Liability
Ballooning necessarily involves risks which are greater than those normally encountered even though our flights are conducted by experienced commercial pilots who exercise all due care and skill to ensure your safety. By taking part you are understood to be fully aware of these risks and you acknowledge that except to the extent provided in the Regulations you have no claim whatsoever against T&PRS for death or personal injury howsoever caused unless we fail to exercise due care and skill in the performance of our obligations. Our liability, and the liability of our employees, servants and or agents acting within the scope of their duties, for death or injury and for destruction or loss of or damage to baggage and for delay in relation to the balloon flight, is limited by the Montreal Convention 1999 and to the Tanzanian Civil Aviation Carriage by Air Regulations 2008 (‘the Regulations’). We do not accept liability for any loss or expenses you incur if your return to the rendezvous point is later than expected or if we have to cancel any flight, where the reason for the cancellation is beyond our control. If we incur any cost on your behalf which is recoverable from your insurers you will reimburse us.
10. Your representations to us
By making a booking you represent that at the time you take your flight you will not be suffering from any serious medical condition; and that you have not recently undergone surgery; and that you will not be pregnant; and that you will not be under the influence of alcohol and/or drugs; and that your weight does not exceed nineteen stone (120 kg). You will not be permitted to take part in the flight if any of these representations are untrue. Passengers whose weight does exceed eighteen stone may be permitted to fly on payment of a 100% surcharge subject to prior agreement.
11. Safety instructions
In the interests of your safety and the safety of other passengers you must obey all requests and instructions issued by any of our pilots and ground staff and take particular care to abide by any safety instructions given. The pilot has complete discretion as to whether to allow you to take part in the flight and will refuse to allow you to do so if in his opinion you would be a risk to the balloon, to other passengers or to yourself. In these circumstances you will not be entitled to a refund or to take part in a rescheduled flight.
We will only fly children over the age of 7 years whose height exceeds 1.4 metres. A person under the age of 18 years (a ‘minor’) will only be flown if accompanied by a responsible adult appointed by the parent(s) or guardian who must sign the counterfoil ticket on their behalf to confirm the representations in Condition 10 and to indemnify us, our agents and employees against any claim made by or on behalf of that minor which could not have been made if such person had been of full age and had signed the counterfoil ticket themselves, in the event that any of the agreements referred to in condition 10 are untrue.