Préambule :

Ballons du Léman :

Ballons du Léman (BDL) is a Société à Responsabilité Limitée (Sàrl) with share capital of CHF 21,000 whose purpose is :

All activities and services relating to the air transport of people in hot-air balloons, and the marketing, assembly, maintenance and repair of equipment and accessories in this field.

It is registered in the Commercial Register under number CH-550-1099126-9 and its IDE/TVA number is CHE-221.019.182.

The head office is located at Champ-Vionnet, 8, 1304 Cossonay.

Ballons du Léman is a company approved by the Federal Office of Civil Aviation for passenger transport under declaration CH – BAL BB 8036.

The means of contact are :

Mail to postal address: Champ-Vionnet, 8, 1304 Cossonay
Telephone number on website: www.ballons-du-leman.ch
E-mail address: booking@ballons-du-leman.ch
Website: www.ballons-du-leman.ch

Below: “BDL

Buyer:

Any individual or legal entity wishing to purchase a physical or dematerialized product from BDL or one of its sales partners. By placing an order, the purchaser declares that he/she has read and fully accepts these General Terms and Conditions of Sale (GTCS).

The purchaser shall include any person in possession of a credit note, ticket or other recognized document entitling him/her to board a hot-air balloon operated by BDL or a partner company.

The terms customers, beneficiaries and passengers are associated with the term buyer.

All purchasers/passengers shall be deemed to have accepted BDL’s GTC.

Hereinafter: “the buyer

Application of the General Terms and Conditions :

The current General Terms and Conditions of Sale are those published on our website under the heading “General Terms and Conditions of Sale”. The purchaser shall have read the General Terms and Conditions of Sale prior to any purchase or order from BDL. Placing an order implies irrevocable and unconditional acceptance of the GTCS. The purchaser shall pass on the GTC to any other beneficiary of a Flight ticket or BDL product.

BDL reserves the right to modify these GTC at any time and at its sole discretion.

By accepting these GTC, the purchaser warrants that he/she is of legal age and has full legal capacity to make a purchase. The purchaser also accepts BDL’s limits of liability.

Object :

The purpose of these General Terms and Conditions is to define the terms and conditions of sale to the buyer and the obligations of both parties.

These conditions are contracted by the purchaser, but as the ticket(s) are not nominative, they may be passed on to a third party. BDL must be notified of ticket holders. BDL shall assume that the ticket holder has been informed of our General Terms and Conditions by the purchaser and that the ticket holder accepts our General Terms and Conditions.

The GTC come into force from the date of purchase/order by the buyer and apply until the end of the rights and obligations of either party.

The descriptions, information, estimated durations and potential sites overflown are communicated with the greatest possible accuracy, but are only indicative and non-contractual. The purchaser acknowledges that the execution of a hot-air balloon flight is subject to numerous factors beyond BDL’s control, including weather conditions, wind conditions, local geography, safety zones, flight restrictions and any operational or regulatory constraints.

These GTC constitute the entire agreement between BDL and the purchaser and shall prevail over any previous document.

Product description :

The products for sale are described and defined on the BDL website.

Balloon flights include at least :

Safety briefing
Hot-air balloon Flight
Taxes
Air transport liability insurance

Also included in the Flight ticket:

Welcoming passengers
The opportunity to take part in flight preparations
A flight diploma
*A surprise souvenir gift depending on the flight
The balloonist’s toast
Shuttle to return to our launch site
CO2 offsetting

The content of the experience may vary depending on the product chosen. In certain cases, the purchaser may waive part of the services without financial compensation to the purchaser.

The gift certificate is a document whose value is defined on the document called “gift certificate”. Gift vouchers may be exchanged by the recipient for Flight tickets or other products sold by BDL, up to the value of the gift voucher. Gift vouchers may be accumulated.

The experiences and types of Flight covered by these GCS are those presented on the Website and indicated as being carried out and marketed by BDL. In particular, they include various types of hot-air balloon flights. The types of Flight are offered subject to availability and the conditions necessary for their proper execution. BDL reserves the right to modify, suspend or withdraw any type of flight or flight region at any time and without notice.

BDL shall not be held liable in the event of any error, omission or discrepancy between the description on the Website and the service actually provided, provided that the latter remains consistent with the general nature of the service. BDL undertakes to use all reasonable endeavors to adhere to the times advertised and to offer trajectories as close as possible to those indicated.

Due to the diversity of its flight zones and the specific aerological conditions of each sector, some flights may be cancelled even when the general weather conditions appear favorable. BDL cannot be held responsible for such decisions, which are based exclusively on safety and aeronautical feasibility.

Derivative products such as books, promotional items, mugs, clothing and others are offered while stocks last. In the event of unavailability of a requested product, the buyer will be informed by e-mail or telephone. In this case, the unavailable product will be cancelled, and a credit note or refund may be offered, with the remainder of the order remaining firm and definitive. Products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation. Photographs of products are not contractual.
In the event of contradiction between the present article and another article of this contract, the present article will apply to the purchase of derived products.

Product order:

The buyer may place an order for one or more hot-air balloon Flight tickets or other items sold on the site through :

The website
By phone
By e-mail
BDL’s partner companies

The buyer can choose the method of payment for the order on the website.

We accept the following methods of payment:

By credit or debit card
By bank transfer
By Twint

Payment is received on receipt of order.

How to buy on the BDL website :

Buyer selects product and quantity
Buyer adds selection to basket
The buyer validates his order in the basket
The buyer indicates his billing address
The buyer can leave a comment
The buyer chooses his method of payment
The buyer accepts the General Terms and Conditions of Sale
The buyer orders
The buyer proceeds to payment if he has chosen to pay by credit card or Twint.

If the buyer chooses another payment method, he will receive the payment details by e-mail.

Invoices and e-tickets are sent by e-mail, unless the customer chooses otherwise and requests postal delivery.

Prices are quoted in Swiss francs (CHF) and include VAT and liability insurance. They do not include any shipping costs. Prices are valid on the day the order is placed.

BDL reserves the right to modify fares without prior notice. In the event of an increase between the time of the buyer’s order and the time of the flight, BDL may require the buyer to pay the difference in price.

For groups of at least twelve (12) people, payment may be staggered over time, with a deposit of fifty (50%) percent payable at the time of booking. The balance must be paid in full at least fifteen (15) days before the flight. The final number of participants will be determined on this date, and will serve as the basis for final invoicing.

For Corporate flights and Captive flights, a quotation will be sent. This must be returned to us signed by the purchaser by e-mail. If the purchaser returns the quotation without signing it but reserving a date for the service, this constitutes acceptance of the quotation and these GTC.

The purchaser will receive an e-mail confirming receipt of the order.
Confirmation of the order will be sent to the e-mail address provided by the purchaser (subject to a valid e-mail address) during the purchasing phase, and will constitute final validation of the order.

Orders placed by telephone are deemed to accept the T&Cs in the same way as an order placed via our website.

The purchaser warrants to BDL the accuracy of the information provided at the time of placing the order and undertakes to update the data concerning him or her so that it is always accurate.

Validation of the order by clicking when payment is made online implies acceptance of the terms and conditions of sale, acknowledgement of full knowledge of them, and waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions. The click, combined with the authentication and non-repudiation procedure and the protection of all messages, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature throughout Switzerland. All the data supplied and the recorded validation shall constitute proof of the transaction. It is the customer’s responsibility to ensure that his contact details, and those of any beneficiaries, are accurate, and that they allow him to receive the various order and delivery information.
The customer is hereby informed that, in accordance with Article 402 CO and Article 466 CO of the Swiss Code of Obligations, and in view of the buyer’s duty to fulfil the obligations entered into on his behalf, the order or commitment to pay given by means of a payment card is irrevocable. By confirming payment, the customer gives a definitive and irrevocable order.

Payment may only be stopped in the event of loss, flight or fraudulent use of the card or the data linked to its use, or in the event of the beneficiary’s receivership or liquidation.

The buyer is informed that in the event of prolonged inactivity during the connection, it is possible that the selection of flights, packs or products chosen is no longer guaranteed. In this case, the buyer will have to restart the process from the beginning.

The purchaser is informed that he/she is responsible for all telecommunication costs incurred in accessing the Internet.

BDL shall not be held liable for any delay in the delivery of tickets due to an error in the purchaser’s data entry.

Dematerialized orders are shipped automatically as soon as the order is placed, if the buyer has chosen the default “electronic ticket” option, and within 72 hours at the latest. All other orders are sent by post within 72 hours. Postal charges, except for gift bags sent within Europe, are at the buyer’s expense.

Withdrawal/Refunds:

As BDL is a passenger air transport company, the purchaser does not benefit from a right of withdrawal for Flight ticket purchases. Once the order has been placed, it is firm and final. Tickets are non-refundable.

For derived and materialized products, the buyer may exercise his right of withdrawal for fourteen (14) days from the date of his order. This only applies to derivative and materialized products, and not to flight tickets and gift vouchers, as stipulated by the Hamon Law. The purchaser may exercise this right of withdrawal in respect of derivative and materialized products, excluding flight tickets and gift vouchers, by writing to BDL to this effect before the date of the aforementioned fourteen (14) day period. The purchaser shall return the derivative and materialized products to BDL without undue delay and at the latest within fourteen (14) days of sending the company its decision to withdraw, and shall bear the postal costs of returning the products. The purchaser undertakes to package the products in such a way that they cannot be damaged during transport, and shall assume full responsibility therefor.
BDL shall refund the purchaser once it has received the products in good condition.

Validity of BDL products :

BDL Flight tickets are valid for 24 months from the date of issue. During this period of validity, the purchaser may take out the option of extending the ticket for a further 24 months at the rate shown on the website. Any request for extension must be made in writing to BDL’s e-mail address before the ticket’s expiry date. Any ticket that has not been extended before the end of its validity period will be considered expired.

Some promotional offers may have limited validity.

Tickets are valid for the chosen flight region. If no region is specified at the time of purchase, tickets are valid for all flight regions listed on the BDL website. BDL may, where applicable, offer the purchaser the possibility of obtaining a Flight ticket from a partner company.

If the purchaser of the ticket has had more than three (3) flight cancellations for weather reasons, BDL may, on a commercial basis, extend the flight ticket by 6 months, the purchaser must make a written request to the e-mail address. Without these three (3) reservations, an extension may be purchased on the BDL website, if the ticket is still valid.

Free tickets cannot be extended, refunded, modified or resold.

Gift vouchers may be valid for less than 24 months. The validity date is shown on the voucher. It is not possible to extend the validity of gift vouchers beyond their expiry date. The purchaser must convert the voucher into a purchase (ticket or other product) before its expiry date. Gift vouchers are non-refundable.

Flight tickets and gift vouchers must be paid in full before the flight.

Tickets from partners such as Cadeaux24, IdéeCadeau, MyDays, Sport-Découverte, SmartBox, WonderBox, QoQa or others :

The tickets or vouchers issued by our partners have specific rules of use and validity. Our General Terms and Conditions apply in their entirety as carrier, except for the validity periods of tickets or vouchers and the means of booking flights. The partner’s terms and conditions apply as a seller.

In the event of a validity problem, the purchaser must contact the ticket/ticket/flight voucher partner from whom the purchaser purchased the ticket/ticket/flight voucher.

Book a flight date:

The Flight can be booked by the buyer subject to availability for the desired region and flight date.

Bookings are made primarily via the website, under the heading “Plan my flight”. The buyer can book his Flight in three (3) different ways:

On the BDL website: “Plan my flight”.
By e-mail
By phone

Confirmation of the date and region of the Flight will be sent by e-mail to the address provided by the purchaser, except in the case of a reservation made directly by telephone. BDL cannot be held responsible for any errors made when booking by telephone.

Should the purchaser require a specific Flight date, he/she shall inform BDL by e-mail. BDL shall endeavor to accommodate the purchaser’s wishes as far as possible, depending on its schedule.

The purchaser may change his/her Flight reservation free of charge up to 168 hours (7 days) before the flight. The buyer will have to set a new flight date at the time of the change, subject to availability for the new flight date. Less than 168 hours before the flight and up to 72 hours before the flight, the buyer may change the flight date by purchasing the “last-minute change” extension on the website. No changes to the flight date will be accepted less than 72 hours before the flight.

Flight region:

The Flight regions mentioned on the site are indicative and non-contractual. BDL reserves the right to modify them without prior notice.

Flight confirmation/cancellation by BDL:

For morning flights:

The day before the flight, the purchaser will receive confirmation of the flight by e-mail to the address given in the booking. If there is no news, the purchaser must contact BDL in accordance with the instructions written on the ticket.

For evening flights :

On the day of the flight, the purchaser will receive confirmation of the flight by e-mail to the address given in the booking. If no news is received, the purchaser must contact BDL in accordance with the instructions written on the ticket.

The flight confirmation e-mail contains the date, time and meeting place for the buyer if the flight is confirmed.

In the event of cancellation, the buyer must book a new flight date.

In addition to e-mail, BDL may also send an SMS confirmation to the number provided by the purchaser at the time of booking the Flight date.

It is the buyer’s responsibility to contact BDL by telephone if he/she has not received a confirmation/cancellation for his/her flight. The purchaser must call BDL the day before for morning flights and the day of the flight for day flights.

It is the buyer’s responsibility to be on time for the appointment. BDL cannot guarantee to wait for latecomers, in order to ensure the smooth running of the activity and out of respect for other purchasers present on time at the meeting point. Should the buyer fail to show up at the meeting point, the flight ticket will be automatically and irrevocably cancelled. In this case, the flight ticket shall be deemed to have been used. BDL is not liable for any costs incurred by its customers in the event of cancellation of a Flight by BDL.

For captive flights, BDL will keep the buyer informed of the weather conditions on the day of the flight. In the event that the weather conditions do not permit the captive flight validated by the purchaser at the time of ordering, the purchaser shall have the option of cancelling the captive flight without incurring any charges other than the handling fee. If BDL travels to the location agreed with the purchaser for the captive flight, a flat-rate charge will be applied in accordance with the quote. If BDL travels to the location agreed with the purchaser for the captive flight, the service will be invoiced in accordance with the quote.

Flight cancellation by buyer :

Cancellation for individual customers: The purchaser may modify his/her Flight reservation free of charge up to 168 hours (7 days) before the flight. In the event of cancellation by the buyer less than 168 hours (7 days) and more than 72 hours before the flight, the buyer must purchase the “last-minute change” extension on the website in order to change the date of the flight. In the event of cancellation within 72 hours or in the event of non-attendance on the day of the flight, the ticket will be considered as having been used.

Cancellation for groups : More than 12 passengers or more than one hot-air balloon: in the event of cancellation up to 30 days before the flight, the deposit will be refunded in full, excluding any handling fees. If cancellation occurs between 15 and 30 days before the Flight, only 50% will be refunded. The deposit is forfeited to BDL if the cancellation is made within 15 days of the flight. In the event of a refund, a deduction will be made for administrative costs.

Flight cancellation after flight confirmation:

Hot-air balloon flights are totally dependent on the weather. BDL, at its pilot’s discretion, reserves the right to change the take-off site, and also to cancel a flight up to the moment of take-off, due to bad weather conditions, unfavorable wind directions, technical incidents endangering the safety of the passengers as well as that of its pilot, or if there is not a minimum number of passengers registered.
BDL is not liable for any costs incurred by its customers in the event of cancellation of a flight by BDL, and no compensation may be claimed from BDL or its partners. In the event of cancellation, if the ticket has less than three (3) months of validity remaining, BDL may commercially extend the ticket for a period of between three (3) and six (6) months.
If a flight is cancelled at BDL’s discretion for weather or flight safety reasons, the passenger must rebook for another flight, in accordance with these GTC, and shall not be entitled to any refund of the ticket price, unless the “weather cancellation insurance” option has been purchased with the ticket.

Boarding and restrictions:

No person shall board a hot-air balloon operated by BDL or one of its partners without a valid flight ticket. The purchaser/passenger shall declare his/her identity to BDL. BDL shall be in possession of the identity and weight of each passenger prior to boarding. The related invoice must be paid in advance by the purchaser, a third party or a partner agency.
As a passenger air carrier, BDL is subject to the conditions stipulated in the Warsaw Convention. Pilots in command of hot-air balloons operated on behalf of BDL are the sole masters on board, in accordance with the Tokyo Convention, and as such have authority over all persons on board. They have the right to refuse to embark or disembark any passenger who might present a danger to the safety, health or good order of the aircraft. Boarding will be forbidden to any person who is under the influence of alcohol or drugs, or who presents a risk.

Dangerous goods are not allowed on board. Alcoholic beverages are forbidden on board, unless agreed by BDL.

BDL personnel are not qualified to judge the passenger’s physical condition and fitness to participate in the Flight, except for the points mentioned above. In the event of a serious medical problem, or if the purchaser has just undergone surgery, a medical certificate is required. The purchaser must consult his or her doctor if he or she is convalescing, has a prosthesis (knee, hip, ankle, etc.), backache or neck pain.

Heeled shoes are forbidden.

Pregnant women and children under 1.10 m (except for privatized Premium flights, minimum height 0.90 m) are unfortunately not allowed on board.

Children under 16 must be accompanied by an adult. Children between 16 and 18 must have parental consent. No adult may have more than six (6) children under the age of 16 under his or her responsibility.

For Passengers with Reduced Mobility (PRM), we invite the purchaser to inform us of his or her needs in order to ensure a successful Flight. BDL may accept passengers with reduced mobility (PRM) in certain cases and under certain conditions, which are analyzed on a case-by-case basis, taking into account the passenger’s needs to ensure a successful experience. BDL may require PRM passengers to be accompanied. BDL cannot guarantee transfers between the vehicle and the basket. All transfers during transitions are the sole responsibility of the PRM passenger. In the case of flights for PRM passengers, certain wind restrictions may apply. We recommend that disabled passengers be accompanied on their flight. The purchaser must be able to get in and out of the gondola alone, if unaccompanied. Some of our gondolas are equipped with doors. Some of our gondolas are adapted for PRMs and have an adapted wheelchair.

It is the passenger’s responsibility to seek advice before the Flight, and BDL cannot be held responsible for any costs incurred in the event of the passenger disembarking. If a passenger is disembarked by the captain, the ticket will be considered as used.

Flight conditions:

As the Flight is entirely subject to weather conditions, BDL or its partners do not guarantee any circuit or route. The average duration of a Flight is one hour. The pilot reserves the right to modify the duration, departure point, rendezvous time and any other aspect of the flight. Missions are carried out under VFR (visual flight rules). Passengers must wear appropriate clothing and footwear. Heeled shoes are forbidden. Only small personal effects are accepted on board (cameras, handbag), to the exclusion of any luggage.
We recommend hiking clothes and flat walking shoes that are practical, hold and protect the feet well. Passengers are reminded of the safety rules during the pre-boarding briefing. Smoking is strictly forbidden in and around the balloon during inflation, flight and storage.

Transport and declaration insurance:

Passengers are insured in accordance with the terms and conditions of the Montreal Convention. BDL’s liability to passengers for death or personal injury is limited. For damages up to 113,100 Special Drawing Rights (SDR), liability cannot be excluded or limited. Above this amount, the carrier may be exempted from liability for certain release reasons laid down by law. In the event of death or bodily injury, an advance must be paid per passenger within fifteen days of identification of the natural persons entitled to compensation. In the event of death, the advance payment may not be less than 16,000 SDRs. The amounts in force at the date of drafting the GTC are subject to change in accordance with international regulations. BDL’s insurance policies are underwritten in Europe by approved insurance companies. Objects carried by passengers are not covered by BDL’s insurance, nor is damage to clothing, voluntary injury or suicide, except in the event of proven fault on the part of BDL. The purchaser must therefore be particularly careful with his or her personal belongings. Passengers are, however, free to take out additional insurance if they deem it necessary.

By accepting these terms and conditions, the purchaser/passenger acknowledges that hot-air balloon flight involves inherent risks. The passenger undertakes to respect the safety instructions and to follow the instructions of the pilot and BDL’s qualified personnel. The liability of BDL, its pilots and its staff is limited in accordance with the legal and regulatory provisions in force and the amounts of insurance taken out by the company.

Furthermore, the purchaser certifies that, by accepting the T&Cs, he/she does not suffer from any disability/psychiatric or psychic disorder, uncontrolled chronic illness or injury of any kind that would result in an inability to board the basket or complete the Flight in complete safety for myself and the other passengers.

Subcontracting of services:

Under certain conditions and in certain cases, BDL’s services may be performed by one or more subcontractors accredited by BDL. The purchaser will be informed of this prior to the flight. Subcontractors guarantee the same safety conditions and meet the same regulatory requirements. Flight conditions remain identical for the purchaser.

Personal data:

BDL collects and processes buyers’ personal data in its capacity as data controller. The data is collected and processed to enable BDL to follow up with the client, to enable the online transaction, to execute the contract and to comply with its legal obligations. The purchaser warrants to BDL the accuracy of the information provided on the Site. BDL reserves the right to send the purchaser or any person who has communicated his/her e-mail address a newsletter or offers relating to the services offered on the Site, by e-mail, sent to the address provided by the purchaser on the Site or by any other means. Should the purchaser no longer wish to receive newsletters or offers, he or she may object at any time by sending an e-mail to BDL. BDL shall not disclose the purchaser’s contact details to any third party. Only authorized persons have access to BDL’s data. BDL is subject to RGPD rules.

Intellectual property and hypertext links :

The Site and its contents, in particular trademarks, logos, images, drawings, models, texts, photographs, graphic charts and databases, are the full and exclusive property of BDL. Any reproduction, representation, distribution, exploitation, commercialization or use of any of the elements present on the Site, or of all or part of the Site, is strictly forbidden.
The purchaser shall refrain from any act of infringement, unfair competition or parasitism against BDL.

The insertion of a hypertext link to the Site requires the prior written consent of BDL. In any event, the link must point solely to the home page of the BDL Site.

Convention de preuve et droit à l’image:

The purchaser acknowledges and accepts that the information contained in BDL’s computer systems shall have the same evidential value as paper documents, with regard to the placing of the order by the purchaser and the acceptance of these general terms and conditions.

BDL may take photographs during the ballooning experience.
The purchaser acknowledges and accepts that photographs may be taken of him/her during participation in the ballooning service. By accepting these conditions, the purchaser explicitly grants BDL and its partners the right to use the images taken during the service for promotional, advertising and commercial purposes. The buyer accepts that the images may be used on various media, such as websites, social networks, brochures, advertisements and any other promotional material. His participation in the service implies his explicit consent that images may be taken and used in accordance with these conditions. The purchaser may expressly refuse to be photographed by informing BDL staff prior to the commencement of the service.

Force Majeure:

BDL’s obligations shall be suspended in the event of force majeure, without the purchaser being able to hold BDL liable.
The following are expressly deemed to be cases of force majeure or fortuitous events, in addition to those usually accepted by the Swiss Courts and Tribunals: total or partial strikes, whether internal or external to BDL, in particular postal service strikes, lock-outs, bad weather, epidemics, earthquakes, fires, storms, floods, water damage, blockage of telecommunications, blockage of the Internet, governmental or legal restrictions, legal or regulatory changes to forms of marketing, and any other event beyond the express control of the parties preventing the normal performance of this contract.

Mediator:

In the event of any dispute between BDL and the purchaser, the parties shall endeavor to resolve such dispute amicably. In accordance with the Swiss Code of Civil Procedure (CPC art. 213-218), mediation is encouraged as a means of resolving disputes.

Where disputes arising from contracts concluded between the professional and the consumer persist after attempts at internal resolution, they may be the subject of optional mediation.

How to contact a mediator :

Consumers can contact the following bodies:

Swiss Travel Federation (FSV) and its mediation service for disputes specific to the tourism sector
Cantonal consumer affairs offices of the consumer’s canton of residence

Foundation for Consumer Protection (FRC)
Swiss Federation of Mediation Associations (FSM) with a network of accredited private mediators

Depending on the nature of the dispute, these bodies can refer you to qualified mediators.

Litigation :

Any dispute, contestation, failure to pay or difficulty of any kind relating to our services will be subject to the jurisdiction of the court, with the sole exception of cases subject to the rules of public order jurisdiction.

Should any provision of these terms and conditions be declared null and void or inapplicable as a result of a court decision or the application of a law or regulation, the remaining provisions of these terms and conditions shall remain in force. In the event of doubt as to the interpretation or validity of versions translated into another language, the French language version shall prevail.

Terms & Conditions