Release (v07/04/2025)

The Belgian Balloon Club asbl (BBC), intra-community VAT number BE0419497680, using the belgianballoonclub.be trademark, whose registered office is located at Avenue Arthur Procès, 12 – 5000 NAMUR – publishes an online sales site for hot air balloon flights whose address is: www.belgianballoonclub.be for private buyers, hereinafter referred to as the  » Buyer« ». The Company is approved in Belgium by the Directorate General of Air Transport as an operator carrying out commercial operations with balloons.

The Company has taken out passenger and third-party insurance for all these balloons.

The Company reserves the right to modify, at any time and at its sole discretion, these General Terms and Conditions. The General Terms and Conditions in force are those present on the Site at the time the Buyer places his order. The placing of an online order by the Buyer implies the irrevocable acceptance of these General Terms and Conditions, which the Buyer acknowledges having read prior to placing his order online.

By accepting these General Terms and Conditions of Sale, the Buyer guarantees that he or she is of legal age and has full legal capacity to place an order on the Site.

Article 1: Purpose

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of sale online or via any other non-digital form to the Buyer as well as all the terms and conditions of boarding and flight, as well as all obligations of both parties, the Buyer and the BBC.

It is also intended to define the service expected by the BBC for the buyer following the order.

Article 2: Entry into force and duration

These General Terms and Conditions enter into force from the date the order is placed by the Buyer, and remain in force until the rights and obligations of either party are extinguished.

Article 3: Order

These terms and conditions can be downloaded from its website at the time of the order, which the Buyer accepts. He also agrees to receive information relating to his order and its execution by e-mail, or by digital generation following the online order.

The Buyer will receive an e-mail confirming the order, which serves as an acknowledgement of receipt of the order.

There are three types of online ordering:

Option A: purchase of a gift voucher of your choice.

A voucher – obtained by purchasing a gift voucher or following the cancellation of a flight – allows you to pay for a purchase on the site.

It can be used to « finance » the purchase of a type B or C flight or the purchase of other products on sale.

The validity for a first reservation of this gift voucher is two (2) years from the date of purchase. Once the voucher has been used, but validly cancelled for reasons beyond the buyer’s control (e.g. weather), it is extended by two (2) years by the generation of a new code from the cancellation of the flight for the same value.

In the event of cancellation for reasons beyond the buyer’s control, the voucher is refundable at any time upon written request by email (info@belgianballoonclub.be) on presentation of the buyer’s code and bank details, provided that no flight date reservation has already been set.

If the flight is cancelled, a new voucher is generated. This new voucher is refundable as long as it is not used.

In the case of an order higher than the amount of the gift voucher, the voucher in value will be deducted from the amount of the order.

Vouchers can be combined by entering several codes linked to several vouchers. Promotions are not cumulative.

Option B: purchase of a flight online with a fixed date based on a choice in the product catalogue (including flights) online:

The buyer will select a preferred date from the digital catalog. He will fill in the « passengers » form and make the online payment directly to the BBC account. The pilot will have the freedom to set in the morning or evening after coordination with the customers.

In the event of a cancellation outside the buyer’s control (e.g. weather), a new code is generated with a validity of two (2) years from the date of the cancelled flight by issuing a voucher of the same value in Euro.

In the event of a cancellation outside the buyer’s control, the purchase is refundable at any time before the flight by email to info@belgianballoonclub.be only to the account of the person who made the payment.

When choosing option B, the buyer will enter the « passengers » form and make the online payment directly to the BBC account.

Option C: purchase of a flight online without a fixed date on the online product catalogwith a pilot of your choice.

The purchaser’s choice for a defined pilot will be followed to the extent possible, but is not an obligation on the part of the BBC.

Each pilot will receive a personal code, which he can communicate to his passenger candidates. Instead of selecting a date from the online availability calendar, they will enter the driver code of their choice. The buyer will enter the « passengers » form as for option B and will make the online payment directly to the BBC account.

Passengers will be able to make proposals for dates or preferences, without guarantee. The pilot will organise the follow-up and propose dates by email or by any other means deemed appropriate (a dialogue must be established between the pilot and passengers).

The validity for a first reservation is two (2 ) years from the date of purchase.

A theft of this type is not linked to a « web store theft » entry. The designated pilot will manage the setting of the dates in dialogue with the customer.

In the event of a postponement, the dialogue will continue with the pilot. If there is a request for a refund, the pilot (or whoever receives the request) will initiate the request for a refund with the BBC.

Article 4: Withdrawal

The withdrawal is an exclusive choice of the buyer and is therefore not a cancellation of a scheduled flight as a result of conditions beyond the buyer’s control.

The Buyer has a right of withdrawal of seven (7) days from the date of purchase.

The Buyer may exercise their right of withdrawal by sending an email to info@belgianballoonclub.be specifying: the Buyer’s surnames, first names, address, order number and account number (if payment by card). The account holder’s name must match the buyer’s name.

The Company shall proceed to the refund of the Buyer within twenty (20) calendar days of the written request for reimbursement to the bank account used for payment (if payment by credit card, the Buyer’s account number must be mentioned).

Article 5: Payment

The price of the services offered for sale is indicated in euros including VAT. The Company reserves the right to change its rates at any time. The rate applicable to the Buyer will be the rate in force at the time of validation of the order and its payment.

The full payment must be made when ordering the service. The process and follow-up of the order will not be triggered without payment.

Article 6: Cancellation of a flight

The flight may be cancelled by the Company, either by the Buyer under specific conditions.

Flight cancellation by the Company:

Hot air balloon flying is totally dependent on the weather and aviation regulations. The Company, at the decision of its pilot, reserves the right to change the take-off site but also to cancel a flight until the time of take-off, for various reasons including, in particular, adverse weather conditions, unfavorable wind directions, technical incident involving the safety of passengers as well as that of its pilot or the flight ban decreed by the authority.

When the cancellation of a flight is due to the Company’s decision for weather, flight safety or regulatory reasons, a voucher for the value paid for seats on the cancelled flight will be sent to the Buyer to reschedule their flight. Buyer may not claim any other costs as compensation.

The Buyer may request a refund as long as the flight is not confirmed.

Cancellation of the flight by the buyer after the seven (7) day withdrawal period

a) Cancellation by the individual buyer : in the event of cancellation of the flight by the Buyer within eight (8) calendar days prior to the scheduled date of the flight or in the event of the Buyer’s non-presence on the day of the flight, the order will be considered to have been consummated. The buyer will only be reimbursed if he or she presents a medical certificate or proof of first-degree family death.

b) Cancellation for groups (10 people and more): if the cancellation by the Buyer occurs more than 30 days before the flight, the total amount will be refunded if the flight is postponed by decision of the group or refunded at 90% if cancellation without flight postponement. If the group flight is cancelled between 29 days and 9 days before the flight and without postponement, the order will be refunded at 50%. Orders will be definitively acquired by the Company if the cancellation is made within 8 days before the flight, except in cases of force majeure.

The cancellation request is only made by email to the pilot’s address AND info@belgianballoonclub.be.

Two cases for cancellations and refund requests are to be considered:

Unused voucher : an email is to be sent to info@belgianbaloonclub.be with the voucher reference and the Buyer’s information.

Flight booked. In this case, for each order placed on this flight, a voucher will be generated by the system following the pilot’s action and sent to the buyer.

« Flight of Choice » : The pilot responsible for the flight will inform these co-pilots of the cancellation. He will negotiate with the sponsor to postpone the flight. If not possible, then the pilot in charge of the flight will inform the treasurer to initiate the refund

Article 7: Boarding conditions

The Buyer must present his reservation to the pilot before the flight. The identity of the Buyer and his/her group, if any, will be checked before boarding.

Minor passengers who are not accompanied by a parent or legal guardian must present and give parental authorization to participate in the flight.

The Company’s pilots are the only masters on board and as such they have authority over all the people on board. They have the right to refuse to board or disembark any person among the passengers who could present a danger to the safety, health or good order of the aircraft. The order will then be considered to have been consumed.

A few organizational points will be taken into consideration by the pilot:

• The pilot reserves the right to distribute passengers from the same group if he deems it appropriate for weight reasons or to keep minors accompanied by a parent together.
• The pilot(s) retain the right to distribute large groups among several balloons according to technical needs.
• The names of the passengers on the order may differ from those who come on the flight, but they must be notified three (3) days before the flight and the total weight cannot exceed the original weight at the time of the order. The surnames, first names and weight must be identified and accurate before boarding.
• In the event of a long delay of passengers or passengers, the pilot takes off without the offending customer and the latter is not reimbursed. If the pilot believes that it is too late to take off safely for all passengers, he can cancel the flight and there will be no refund, neither for the late passenger or passengers who refuse to take off without the offending passenger. The pilot remains the only judge to decide on a cancellation without refund.
• Passengers may be held liable for damage to other persons, the balloon, the vehicle, equipment and/or for inappropriate behaviour or behaviour deliberately not following the pilot’s instructions.

Article 8: Flight conditions

As the flight is entirely subject to weather and regulatory conditions, the Company does not guarantee any circuit or route. The average flight time is one hour. The pilot reserves the right to change the duration, distance, place of departure, meeting time and everything related to the flight. Missions are carried out according to Visual Flight Rules (VFR).

The passenger must bring appropriate clothing and footwear. Heels are prohibited. Caps are recommended. Only small personal belongings are accepted on board (cameras, handbag) to the exclusion of any luggage. The passenger will have to comply with the safety rules that will be given to him by the pilot during a briefing before boarding. As such, it is strictly forbidden to smoke around and in the hot air balloon during the operations of inflation, flight and storage of the balloon. Flight and boarding conditions may be reviewed in accordance with the legislation in force at the time of the flight, as a result of new or extraordinary requirements.

The pilot reserves the right to cancel the flight on the take-off field when the actual weather conditions do not allow it, such as without limitation, a higher temperature or wind than announced or for any other reason of which the pilot is the sole judge.

Article 9: Restrictions on boarding

The Corporation is not qualified to judge the physical condition and fitness of passengers for the flight. They can seek advice from their doctor.

Passengers with serious medical problems or who have undergone surgery will not be accepted in the basket without a medical certificate declaring them fit for hot air balloon flights. The gondolas are not equipped with seats. The question of fitness to fly and, if necessary, the need for a medical certificate will be asked during the briefing before boarding.

In case of concealment or non-declaration, such as without being exhaustive a pregnancy, wearing of a prosthesis, recent or future operation, recent fracture …) the responsibility of the Club, the pilot, the other passengers and any person taking part in the activity cannot be engaged for any complication whatsoever. In addition, the BBC, the pilot and any person involved in this flight will be entitled to claim damages from the person at fault in the event of consequences or incidents having an impact on passengers or pilots.

For safety reasons, the following persons are not allowed on the flights:

• Pregnant women.
• Children whose height is less than 1.20 meters.
• A (child) under the age of 18 cannot fly alone, he or she must always be accompanied by an adult person with authority over him or her (parents, older and adult siblings, or legal guardian). If this is not the case, and no parents are present at take-off, written parental authorization will be required.
• Anyone under the influence of alcohol, drugs, any other illicit substance
• Anyone who behaves inappropriately by the pilot
• Anyone with prostheses without medical authorization.
• Animals.
  If, on the other hand, you want to take an assistance dog in the carrycot to help you with your disability, the dog is allowed to travel with you free of charge. Please note that in order to be allowed to travel in the cabin, assistance dogs must have completed qualifying training and possess a valid certificate. »
  
  
  
• People with disabilities must be accompanied by an able-bodied adult. The company must be informed of the type of disability in order to ensure that the operations are properly implemented.

• The person who wears shoes that are inappropriate for a flight. Flat shoes are mandatory. Only the pilot is judged in the event of a discussion.

Article 10: Insurance

The Company is covered for passengers (bizarre formulation: passengers are covered by insurance taken out by the Company) from the beginning of the inflation until the deflation of the hot air balloon. The insurance costs covering passengers are included in the price of the service.

Risks in terms of passenger air transport are covered for amounts comparable to those required by the Montreal Convention, and in accordance with the EU785/2004 regulation.

Items taken by passengers are not covered by the Company’s insurance, nor are any damage to clothing, or in the event of intentional injury or suicide, except in cases of proven fault on the part of the Company. The passenger must therefore be particularly vigilant about his personal belongings. Passengers are however free to take out additional insurance if they deem it necessary. The use of phones is allowed but not for making calls during the flight.

Article 11: Geographical boundaries

The online sale of the products presented on the BBC website is reserved for Buyers for flights organised and carried out in Belgium.

Article 12: Subcontractors

The company reserves the right to use subcontractors to carry out hot air balloon flights. This subcontracting does not affect the Company’s liability to its passengers as a result of ordering on its website. The subcontractor complies with the regulations in force and is fully responsible for the execution of the flight.

Article 13: Personal data

The Company collects and processes the personal data of Buyers, in its capacity as data controller.

The data is collected and processed to enable the Company to carry out customer follow-up, to enable the online transaction, to execute the contract, and to comply with its legal obligations.

The Company will communicate the Buyer’s data, necessary for the processing of the order, to the service providers executing all or part of the order. Personal data may be communicated to the judicial authorities at their express request.

The Buyer has the right to request from the Company access to his/her personal data, the rectification or erasure thereof, or a limitation of processing, the right to object to the processing and the right to the portability of his/her data, by sending a request to the following address: info@belgianballoonclub.be.

The Buyer has the right to define directives relating to the fate of his personal data post-mortem. The Company implements appropriate technical and organizational measures to ensure an adequate level of security of the data collected. The Company undertakes not to give or sell any data of its customers or prospects to third parties in accordance with GDPR requirements.

All passengers give an implied right to the general photos taken during the flight, unless the passenger explicitly prohibits it. Photos of minors will never be used by the Company.

The Buyer guarantees the Company the veracity of the information communicated on the Site.

Article 14: Intellectual property

The BBC Website and its content, in particular trademarks, logos, images, drawings, models, texts, photographs, graphic charters and databases, are the exclusive and complete property of the Company. Any reproduction, representation, distribution, exploitation, commercialization or use of any of the elements present on the Site, including photos, or of all or part of the Site, is strictly prohibited.

The Buyer shall refrain from any act of counterfeiting, unfair competition or parasitic competition with regard to the Company.

Article 15: Hypertext link

The insertion of a hypertext link to the « www.BelgianBalloonclub.be » site must point only to the home page of the Site.

Article 16: Force majeure

The Company’s obligations will be suspended in the event of force majeure, without the Buyer being able to hold the Company liable.

In addition to those usually retained by the case law of the Belgian Courts and Tribunals, the following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the Belgian Courts and Tribunals: total or partial strikes, internal or external to the company, in particular postal services, lock-outs, bad weather, epidemics, earthquakes, fires, storms, floods, water damage, flight bans or restrictions, Blocking of telecommunications means, blocking of the Internet, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, pandemics and any other case beyond the express will of the parties preventing the normal performance of this contract.

In the event of force majeure, the Company is entitled to cancel all scheduled flights against full refund of the amount.

Article 17: Limitations of the Internet

The Buyer acknowledges that it is aware of the characteristics and limits of the Internet, the possible presence of viruses, and the possible misuse of the Buyer’s data due to acts of piracy, for which the Company cannot be held responsible.

The same applies in the event of difficulties in accessing the Site or malfunctions of the Site, in particular related to acts of piracy. The Company reserves the right to interrupt services as part of maintenance operations.

Article 18: Agreement of evidence

The Buyer acknowledges and accepts that the information contained in the Company’s or its partners’ computer systems has the same probative value as paper documents, with regard to the placing of the order by the Buyer and the acceptance of these general terms and conditions.

Article 19: Independence of the provisions of the general terms and conditions

If any provision of these Terms and Conditions is declared null and void or unenforceable by a court decision or the application of a law or regulation, the rest of the provisions of these Terms and Conditions shall remain in force.

If these General Terms and Conditions are to be translated, in the event of any doubt as to the interpretation or validity of their versions translated into another language, the French version shall prevail.

Article 20: Applicable law

These General Terms and Conditions are subject to Belgian law with its registered office in Namur in French.

The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply in connection with this contract.

Article 21: Dispute resolution

The parties are obliged to have recourse, in the event of a dispute, to a consumer dispute mediation procedure, and then, in the event of non-resolution, to appeal to a court.

The Client must follow the procedure for referring the matter to the mediator detailed on the latter’s website.

A dispute cannot be examined by a consumer mediator when:

a) The Buyer does not prove that it has previously attempted to resolve its dispute directly with the Company by means of a written complaint;

b) The dispute has been previously examined or is being examined by another mediator or by a court;

c) The Buyer has submitted its request to the mediator within a period of more than one year from its written complaint to the Company;

d) The dispute does not fall within the scope of the mediator’s competence.