Terms and Conditions
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T&Cs: Air Magic (Provider of Loire Montgolfières)

*1. Preamble:*

These general terms and conditions of sale govern the terms and conditions of hot-air balloon tickets sold by Air Magic, hereinafter referred to as "the Seller". These conditions apply to any person, hereinafter referred to as "the Customer", purchasing a ticket for a hot-air balloon flight.

*2. Services provided by other providers:*

Air Magic, as the service provider for balloon flights, is deemed to be an integral part of this contract. All Air Magic's general terms and conditions of sale, as specified in the contract between Air Magic and its service providers, apply to all services provided.
In addition, other third party providers may be engaged to provide flight services, and the terms and conditions of such third parties will also apply.

*3. Our tickets:*

Tickets include pick-up of passengers from the meeting point to the take-off site, preparation and inflation of the balloon, flight, folding of the balloon, toast and presentation of flight certificates, return to the meeting point and passenger transport insurance.

*4. General conditions and regulations:*

   - The General Terms and Conditions below

   - The applicable regulations, which are deemed to form an integral part of the present contract.

   - A flying season lasts 7 months, from April 1st to October 31st of the current year.

   - Flights are open to all, with no age limit, from 6 years old or 1m10 - provided you're in good physical shape and can get on and off the basket by yourself, and stay upright for an hour.

   - For safety reasons, pregnant persons are not allowed on board our baskets.

   - People with reduced mobility can board VISTA flights only.

- Tickets are valid for use in the Loire Valley and our take-off sites are decided by the pilots on the day of the flight. Our take-off sites include take-off from one of the following locations: Chenonceau, Amboise, Chaumont sur Loire, Cheverny, Chambord, Blois, Montrichard. The take-off location is subject to change depending on weather conditions, and the final decision on take-off rests with the pilot. We do our best to fly over the castles of the region, but this is never guaranteed, as the wind decides where the balloon will go.

*5. Prices:*

Our fares are valid from January 1, 2024 and are subject to change without notice. Our tickets are non-refundable unless you have chosen cancellation insurance (Option Liberté).

*6. Confirmation / Cancellation of Flights:*

Air Magic sends flight confirmation by SMS the day before your flight between 2:00 and 4:00 pm. This SMS will tell you if the flight has been confirmed = meeting place and time / if the flight is on hold / if the weather report is delayed or if the flight is cancelled.

We are not responsible for the poor reception of the SMS sent due to the proper functioning of operators or the wrong telephone number entered.

Air Magic or its service providers reserve the right to cancel a flight due to bad weather conditions, for safety reasons, if a pilot is unavailable, or if the number of passengers booked on a flight is insufficient. In this case, Air Magic or its service providers will not be held responsible for any expenses incurred by the passenger to reach the meeting point (travel, accommodation, catering).

If you have not received an update by at least 4:00 pm the day before your flight, please contact us.

*7. Ticket validity:*

Our hot-air balloon tickets are valid for 24 months from the date of purchase. If two bookings per flight season have been made during the validity period and cancelled by Air Magic or its suppliers, tickets at the end of their validity period will be extended by one flight season at no extra charge. If two bookings per flight season have not been made, the ticket may be extended for one year after payment of an additional extension fee of €50 per ticket, and this request must be made before the ticket's expiry date. Any ticket older than three years will be definitively expired.

*8. Booking:*

   - Either you've received a personalized link to connect directly to the calendar - if you haven't received one, you can request one by e-mail - info@airmagic.fr

   - By logging on to the AGENDA on the home page of our website www.airmagic.fr - by entering your order number and one of your tickets.

*9. Cancellation or postponement of Flights by the Passenger:*.

   - Postponement: In the event of a postponement on your part, please give us at least 3 days' notice. We remind you that a date set and then cancelled by the passenger cannot result in a free extension of the validity period.

   - Late postponement or no-show: In the event of late postponement (less than 3 days before the performance) or no-show at the meeting point at the scheduled time, the ticket will be considered as used.

*10. Regulations and Safety on Board our Aircraft:*

You must be in possession of your ticket to board our aircraft. To comply with safety regulations, you must be able to get on and off the basket without outside assistance. Pilots are the sole masters of the aircraft and have authority over all persons on board. They may at any time decide to disembark any person or load presenting a danger to the progress or safety of the flight. They may interrupt the flight at any time for safety reasons.

Please note that you will not receive a refund for this.

No refund will be made if the flight has lasted a minimum of 30 minutes.

*11. Modification of the Service:*

Air Magic or its service providers may, without notice, substitute other aircraft. They may modify the flight sites indicated on the ticket if necessary.

*12. In-flight photos:*

   - Service Description: In-flight photos are offered as a free service to passengers during their flight. These photos capture moments during the in-flight journey and are intended to be keepsakes.

   - Availability and Functionality: We make reasonable efforts to ensure that the in-flight camera system is operational and that photos are available to passengers. However, it is important to note that the availability of photos is subject to various factors, including, but not limited to, technical failures, human error or security considerations. We do not guarantee the uninterrupted availability of the in-flight photo service.

   - Refund and Compensation Policy: In the event of failure of the in-flight camera system or if photos are unavailable for any reason, including but not limited to technical problems, human error or safety concerns, no refund or compensation will be provided to the passenger. The in-flight photo service is provided free of charge, and there is no monetary exchange for its use. Passengers understand and accept that unforeseen circumstances may arise, resulting in the unavailability of the service.

   - Passenger Understanding: By using the in-flight photo service, passengers acknowledge and accept the inherent risks associated with the service, including the possibility of technical failures or other problems that may result in the unavailability of photos.

*13. Conditions for the Protection of Image Rights:*

   - Service Description: Air Magic and its partners offer a hot-air ballooning service in France, during which photos are taken of customers during the ballooning experience.

   - Image Rights: Customers acknowledge and agree that photographs may be taken of them during their participation in the balloon service. By accepting these conditions, customers grant Air Magic and its partners the right to use images taken during the service for promotional, advertising and commercial purposes. Customers understand that images may be used in a variety of media, including but not limited to websites, social networks, brochures, advertisements and other promotional materials. Customers' participation in the hot air balloon service implies their tacit consent that images may be taken and used in accordance with these terms. Customers may expressly refuse to be photographed by informing Air Magic staff prior to the start of the service. Customer images will only be used to promote the services of Air Magic and its partners. No customer images will be sold or transferred to third parties for commercial purposes without the customer's prior consent. Customers' personal information will be treated in accordance with French data protection legislation. Customers may request that their images no longer be used for promotional purposes at any time by contacting Air Magic. Air Magic and its partners will not be held responsible for any misuse or unauthorized use of images by third parties. Customers understand and accept the risks associated with publishing images on publicly accessible platforms. Air Magic and its partners reserve the right to modify the present conditions at any time, with immediate effect and without prior notice.

*14. Limitation of Liability:*

   - Our liability for any problems with the in-flight photo service is limited to the provision of the service as available. We will not be liable for any incidental, indirect or consequential damages resulting from the unavailability of in-flight photos, including but not limited to loss of enjoyment, loss of data or loss of profits. We reserve the right to suspend or terminate the in-flight photo service at any time and for any reason without notice to passengers. We also reserve the right to modify these conditions of sale without notice. These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. By using the in-flight photo service, passengers agree to abide by these terms of sale and acknowledge that they have read, understood and accepted the terms set forth herein.

*15. Insurance:*

Air Magic uses service providers who are covered by a civil liability insurance contract with ATLANTAS for passenger flights carried out for remuneration.

*16. Warsaw Convention:*

Passengers embarking on a journey are advised that the provisions of the treaty known as the Warsaw Convention may be applicable to their entire journey. Notice: To passengers concerning limitation of liability. The carrier's liability to passengers for death or personal injury is limited to a maximum of €100,000 per passenger. Additional protection can be obtained by taking out an insurance policy with an insurance company. For further information, please consult your carrier or insurance company. Notice: Limitation of liability for baggage or personal effects. Our insurers do not accept liability for items carried by passengers, nor for damage to clothing, self-inflicted injuries or suicide. Further information can be obtained from the carrier.

*18. Sharing of Personal Data :

Customers acknowledge and agree that Air Magic may share their personal data with its partners to ensure the smooth operation of balloon flights. Personal data shared may include, but is not limited to, information such as name, telephone number, e-mail address and specific flight preferences.

Use of Personal Data :

Customers' personal data will only be used in connection with the provision of ballooning services and to ensure an optimal customer experience. Air Magic's partners may only use customers' personal data for the specific purposes agreed with Air Magic and in compliance with applicable data protection legislation.

Customer consent :

The sharing of customers' personal data with Air Magic's partners is carried out with the customer's prior consent. Customers have the right to refuse the sharing of their personal data by explicitly informing Air Magic before booking their flight.

Data Protection :

Air Magic and its partners are committed to protecting customers' personal data against unauthorized access, loss or disclosure. Personal data will be kept only as long as is necessary to achieve the purposes for which it was collected, in accordance with the legal provisions in force.

Limited liability :

Air Magic and its partners will not be held responsible for any misuse or unauthorized use of personal data by third parties. Customers understand and accept the risks associated with sharing their personal data in connection with the provision of hot air balloon services.

*19. JURISDICTION
In the event of litigation, the competent court will be that of CHARTRES.

Air Magic Legal Notice  

 Company name: EIRL AIRMAGIC  

 Address: 9 place d'Arbout 28130 BOUGLAINVAL 

 Siret number: 424 217 396 00060 

 VAT number: FR28 424217396 

EIRL AIRMAGIC has been approved since 2003 by the French Civil Aviation Authority to operate and transport passengers in hot-air balloons.

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EIRL AIRMAGIC is covered for all its aviation activities by civil liability insurance with ATLANTAS SARL 9 Bd Guist'hau-B.P.51013. 44010 NANTES cedex Tél. 02 51 7238 38 fax 02 51 72 38 85