General Terms and Conditions
of Travel for the "HighFlyer Betriebsgesellschaft mbH" captive balloon in Hamburg
1. The following contractual terms apply for the use and travel with the captive balloon and
the user shall inform himself of the contents of same prior to embarking on a balloon flight.
For this purpose these contractual terms are displayed in a visible position at the ticket office for the purchase of passenger tickets.
Upon purchasing a ticket these contractual terms are deemed as being agreed. Objections can only be made prior to entering the gondola and lead to exclusion from the flight and refund of the ticket purchase price, in so far as there is a satisfactory reason for the objection.
2. Parents are generally liable for their children. In the case of minors under the age of 12 and persons, who cannot effectively enter into a contract, travel is only possible when accompanied by a contractually capable carer, who accepts these contractual terms for themselves and for the persons in their care.
3. Tickets and vouchers are valid for one year from the date of purchase of the ticket/voucher or from the date of dispatch, unless a different expiry date is explicitly marked on the ticket or voucher.
4. A balloon flight takes on average a total of 10-15 minutes and reaches a height of 150m. Prior to embarking on such a balloon flight, every passenger shall inform themselves about possible health risks and obstacles at their own expense and shall explain same prior to the purchase of a ticket so that a decision can be made in respect of a possible exclusion from the flight in due time.
5. From the time of entering the marked grounds surrounding the captive balloon up until the time of leaving same there is a total ban on smoking and the consumption of alcohol and narcotics.
A violation of same leads to exclusion from participating in the captive balloon flight and the authority of supervisory staff to an immediate removal and ban from the area with no right to refund of the purchase price, in so far as same has already been paid.
Should the suspicion of prior alcohol and/or narcotic consumption exist, the supervisory staff shall make a decision in respect of the exclusion from participating in the balloon flight.
6. Upon participation in a balloon flight, each passenger is responsible for their own appropriate attire according to weather conditions.
7. Cameras, video cameras and/or binoculars for private use are permitted on the balloon flight, however no luggage, knives or other dangerous items are permitted and same shall be declared upon purchase of a ticket and handed in for safekeeping until the cessation of the balloon flight.
8. To participate in a balloon flight, passengers shall comply with instructions from the pilot and staff accompanying the flight.
A violation of instructions from the pilot or from staff accompanying the flight can lead to exclusion from participating in the balloon flight or, should this instruction violation occur during the balloon flight, same shall lead to its discontinuance.
Accordingly the instigator shall be liable for any damages of other participants or of the Highflyer Betriebsgesellschaft mbH caused by his uninstructed behaviour.
9. The Highflyer Betriebsgesellschaft mbH cannot exclude captive balloon flight restrictions dependent on weather conditions. In this respect a decision is made by the relevant pilot at his discretion.
10. Liability of the Highflyer Betriebsgesellschaft mbH and its staff for any eventual personal or property damages claims is limited according to the terms of compulsory insurance pursuant to the Air Traffic Act (LuftVG). Further liability in respect of balloon flight participants is excluded.
11. Place of performance and Court of jurisdiction for any eventual claims and disputes arising from the Travel Agreement with the Highflyer Betriebsgesellschaft mbH is Hamburg.
Hamburg, 12.12.2005