Terms of Use

1.Introduction

1.1.These terms of use, together with the Privacy Policy (collectively, the "Terms of Use") set out the terms on which 99 Hot Air Balloons. (a Delaware corporation, together with certain specified affiliates and subsidiaries: "99 Hot Air Balloons", "we", "us, "our") provides services (the "Services") through 99 Hot Air Balloons's booking platform (the "Platform") as may be made available through our website (99hotairballoons.com, together with all related domains, mobile properties and related applications, collectively referred to as the "Website") and over the telephone. When we refer to "you", we mean any person that accesses or uses the Services. 99 Hot Air Balloons is not a travel or tour agency, nor is it a supplier of tours, activities or experiences. When you make a booking, you are using the Platform to contract with third party suppliers.

1.2.These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of any tour, ticket, attraction, activity and/or experience (described in these Terms of Use as an "Experience") that is advertised on the Website and is made available by a third party supplier (each, a "Product").

1.3.By using or accessing the Services, by booking a Product ("Book", "Booking"), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.

1.4.We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.

1.5.THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

2.Use of the Services

2.1.As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete.

2.2.We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

2.3.In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 99 Hot Air Balloons does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

3.Electronic Communications

3.1.When you use the 99 Hot Air Balloons Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from marketing-related e-mails by emailing [email protected], however we may continue to send you non-marketing messages, such as messages related to any upcoming Bookings.

4.Links to Third Party Websites

4.1.The Website may contain hyperlinks to websites operated by parties other than99 Hot Air Balloons ("Third Party Sites". Such hyperlinks are provided for your reference only. Their presence on the Website does not signify any endorsement by 99 Hot Air Balloons of the material on such Third Party Sites nor any association with their operators.

5.Products and Booking Reservations

5.1.99 Hot Air Balloons provides the Platform through which you can enter into a contract with a third party supplier of a Product ("Supplier"). 99 Hot Air Balloons is not a supplier of any Product, and your contract for supply of any Product you Book will be directly between you and the applicable Supplier. In respect of each Booking, 99 Hot Air Balloons acts as a disclosed agent on behalf of the Supplier, meaning that a Product listing represents an invitation to you to make an offer to a Supplier, and that we are free to accept or reject such offer on behalf of that Supplier. These Terms of Use govern your use of the Services, which includes your use of the Platform through which you may make such an offer to a Supplier. However, the provision of the Product you Book will be subject to the terms and conditions displayed on the Website in respect of such Product, any information made available to you during the Booking process, and the terms and conditions of the Supplier with whom you have a legal contract for the supply of the Product.

5.2.If you make a Booking, you agree to review and be bound by the applicable Supplier's terms and conditions and any other rules or policies related to the Product (the "Supplier Terms"). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these Terms of Use in respect of your legal relationship with 99 Hot Air Balloons, these Terms of Use shall prevail. Your interactions with Suppliers are at your own risk. 99 Hot Air Balloons will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Supplier.

5.3.99 Hot Air Balloons is not a travel agency and does not provide or own any Experiences. Although 99 Hot Air Balloons provides the Website with information about Products and facilitates Bookings, such actions do not in any way constitute 99 Hot Air Balloons's sponsorship or approval of such Suppliers, or any affiliation between 99 Hot Air Balloons and any Supplier. Although 99 Hot Air Balloons Members may rate and review particular Products based on their own experiences, 99 Hot Air Balloons does not endorse or recommend any Products. You agree that 99 Hot Air Balloons is not responsible for the accuracy or completeness of information it obtains from Suppliers and/or that is displayed on the Website.

5.4.By making a Booking, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product, and that all information you supply is true and accurate. You further agree that you will use the Platform to make only legitimate Bookings for you and/or others for whom you are legally authorized to act.

5.5.99 Hot Air Balloons uses SimplyBook.me Ltd, a third party provider, for placing and administering all booking procedures. All booking information input will be stored on SimplyBook.me Ltd servers.

6.Pricing

6.1.The price of each Product will be quoted on a per-person basis, unless otherwise specified.

6.2.Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by 99 Hot Air Balloons.

6.3.Price quotations are subject to change without notice, until a Booking has been made.

6.4.Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

6.5.Inclusions are determined by the Supplier. Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.

7.Payments

7.1.When you make a Booking, 99 Hot Air Balloons collects your payment information and processes your payment as described in Section 14. In doing so, 99 Hot Air Balloons acts as the limited payment collection agent of the Supplier, collecting your payment for the applicable Product(s) on behalf of such Supplier. Full payment by credit or debit card is required to make a Booking, unless otherwise specified. The payee will be listed as SOCIAL CATALYST LTD on your statement.

7.2.The value of your Booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Platform, and the final amount charged to you. 99 Hot Air Balloons recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.

8.Modifications or Cancellations by You

8.1.Once a Product has been purchased, your Booking cannot be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such Product.

8.2.The standard cancellation policy allows you to request a change to and/or cancel a Booking up until 72 hours before the start time of the Booking; or if the Experience does not have an explicit start time, the deadline to request a change or to cancel will generally be 11:59pm, three days before the start date. Timings are calculated in accordance with the time zone of the Experience.

8.3.If any Product is designated as 'All Sales Final' or with materially similar messaging (which includes but is not limited to all group bookings booked through 99 Hot Air Balloons, it is non-refundable, and it will not be possible to change or cancel it after making a Booking.

8.4.All Change Requests shall be processed by 99 Hot Air Balloons subject to the availability and agreement of the applicable Supplier. 99 Hot Air Balloons does not guarantee the success of any Change Request. To the extent the Supplier is unwilling or unable to accept such Change Request, then your right to a refund (if any) shall be governed by the cancellation terms of your Booking.

8.5.If you make a Booking using a promotion code, or if you accept a discount or special-offer price during the check-out process, you may invalidate your discount or special-offer price by making a Change Request after Booking.

8.6.No refunds are available once an Experience has commenced, or in respect of any Product's package, accommodation, meals or any other services that have started to be utilized.

9.Passports, Visas & Insurance

9.1.When you make a Booking, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

9.2.For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a Booking and before your departure.99 Hot Air Balloons accepts no liability in connection with any person who is refused entry onto a flight or into any country, including countries such person may just be passing through en route to their destination.

9.3.As visa and health requirements are subject to change without notice, 99 Hot Air Balloons recommends that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

9.4.99 Hot Air Balloons strongly recommends that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.

9.5.Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. 99 Hot Air Balloons urges customers to investigate and review travel prohibitions, warnings and announcements by destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

9.6.99 Hot Air Balloons DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND 99 Hot Air Balloons IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

10.Our Liability

10.1.PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS 99 Hot Air Balloons'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

10.2.THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, AND SERVICES PROVIDED BY 99 Hot Air Balloons MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO RESERVATION AVAILABILITY AND PRICING ERRORS. 9OHAB DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, 99 Hot Air Balloons EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR ON BOOKINGS MADE UNDER AN INCORRECT PRICE.

10.3.99 Hot Air Balloons MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND OTHER SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY 99 Hot Air Balloons. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY SORT. 99 Hot Air Balloons DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 99 Hot Air Balloons HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

10.4.IN NO EVENT SHALL 99 Hot Air Balloons (OR ANY OF THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PRODUCT OR A BOOKING, OR YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF 99 Hot Air Balloons HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5.If 99 Hot Air Balloons is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a Booking or use of a Product, then99 Hot Air Balloons liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to 99 Hot Air Balloons in respect of the Booking giving rise to the claim, or (b) one hundred dollars (US $100.00).

10.6.The limitation of liability set forth in this Section 18 reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of 99 Hot Air Balloons.

11.Your Liability

11.1.You agree to defend and indemnify 99 Hot Air Balloons and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: a. your breach of these Terms of Use or the documents referenced herein; b. your violation of any law, rule, regulation or guideline; c. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; d. your use of the Services (including the Website); e. your Booking or use of any Product; or f. your negligence or willful misconduct.

12.99 Hot Air Balloons Tickets

12.1.You will receive a 99 Hot Air Balloons-branded ticket (or, alternatively a voucher from the Supplier) (in each case, a "Ticket") for each Product you you Book, with such Ticket being issued on behalf of the applicable Supplier. In order to access and print your Ticket, you will be directed to a secure webpage hosted by 99 Hot Air Balloons that contains a link to your Ticket. Certain Bookings will result in your being provided with an electronic Ticket as well as or instead of a paper Ticket.

12.2.You must provide the original, authentic Ticket to the applicable Supplier in order to redeem your Product. Your Booking cannot be honored or redeemed without presenting a valid Ticket. Ensure you read the terms and conditions relating to your Booking in order to understand what will be required by the Supplier by way of Ticket presentation.

12.3.For security purposes, when redeeming your Ticket you must present a valid photo ID and sign the Ticket.