General Terms and Conditions
Bad Griesbach Balloon Port
1. General Information
The following General Terms and Conditions apply to all contracts, deliveries, and other services provided by Ballonhafen Bad Griesbach GmbH (hereinafter: Ballonhafen) to its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply. Any deviating regulations of the customer are hereby rejected. Ballonhafen only recognizes deviating conditions if they have been expressly agreed upon in writing. All ancillary agreements require written confirmation. These General Terms and Conditions also apply to future business relationships, even if they are not expressly agreed upon again.
Business relationships between Ballonhafen and its customers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Pfarrkirchen, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
2. Offer and Conclusion of Contract
Offers from Ballonhafen are non-binding. Deviations and technical changes compared to illustrations or descriptions are possible. The respective catalog or website loses its validity upon the publication of a new edition. Orders are only binding if we confirm them or if we fulfill them by sending the goods. The contract is concluded based on the customer’s order by filling out and confirming the web order form on the one hand, and the confirmation or execution of the order by Ballonhafen on the other.
3. Delivery and Payment
There is no minimum order quantity. All prices apply from Ballonhafen’s registered office and include the statutory VAT; costs for packaging and shipping are charged separately. Ballonhafen delivers via advance payment (direct debit, bank transfer). Unless otherwise agreed contractually, the purchase price is to be paid to Ballonhafen immediately after the conclusion of the contract. If the customer is in default of payment, they must pay default interest at a rate of 5% above the base interest rate of the Bundesbank, unless either the customer or Ballonhafen proves a lower or higher loss. Default interest is also due if the payment deadline is exceeded, even without a reminder.
Ordered goods are shipped by Ballonhafen as quickly as possible after receipt of the order. Unless otherwise agreed contractually, the ordered goods will be delivered to the address provided by the customer. Ballonhafen calculates packaging and shipping costs separately depending on the product and quantity. Shipping costs are shown in the order.
4. Delivery Times
Information regarding delivery times is non-binding unless a delivery date has been bindingly promised by Ballonhafen as an exception.
5. Return Policy and Right of Return
In the case of distance selling contracts, the customer, if they are a consumer, may return the received goods (vouchers) without giving reasons within two weeks by returning the goods.
Tickets and vouchers for balloon flights can only be returned within 2 weeks. After that, returns and refunds of the purchase price are excluded.
The right of return also applies to discounted goods and special sales promotions. A right of withdrawal does not exist alongside the right of return. The period for return begins at the earliest upon receipt of the goods (voucher) and this instruction. Timely dispatch of the goods (voucher) or the return request is sufficient to meet the deadline. To fulfill their duty to mitigate damages, the customer agrees to return the goods with sufficient postage. Unstamped shipments will not be accepted by Ballonhafen. In any case, the return is at the expense and risk of Ballonhafen. Returns should be sent to:
Ballonhafen Bad Griesbach
Hauptstraße 41
84371 Anzenkirchen
Germany
Consequences of return:
Ballonhafen undertakes to refund payments made within 30 days of the customer’s declaration or return of the goods. The following payments will be refunded to the customer: the price for the ordered goods (vouchers) and the postage and shipping costs incurred for the return, but not the initial shipping costs.
6. Transfer of Risk
The risk passes to the customer upon dispatch of the goods by Ballonhafen.
7. Retention of Title, Set-off, and Right of Retention
The delivered goods remain the property of Ballonhafen until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law, or an entrepreneur exercising their commercial or independent professional activity, this also applies to the ongoing business relationship until all claims to which Ballonhafen is entitled in connection with the contract have been settled.
The customer only has the right to set-off if their counterclaims have been recognized by Ballonhafen or legally established. The customer is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
8. Liability
Claims for damages outside of statutory warranty claims can only be asserted by the customer against Ballonhafen in the event of intent or gross negligence. This exclusion of liability does not apply to the culpable breach of cardinal obligations and/or essential contractual duties, nor does it apply if the damage is typically covered by liability insurance.
General Info and Safety Instructions:
- For meteorological reasons, we can only conduct balloon flights in the summer in the early morning or two to three hours before sunset.
- We offer the exclusive “Romance for Two” balloon flight during the morning hours.
- Winter can also be very, very charming for ballooning.
- Please make appointments by phone during usual office hours at: 08562-2184. You can book a flight at short notice, but you can also reserve a date further in advance.
- The meeting point for our balloon flights is at the bus stop in front of Hotel Maximilian in Bad Griesbach – Therme (unless otherwise agreed).
- In the event of unfavorable weather, we will offer you an alternative date.
- Passengers should be in good physical condition. Please inform the pilot of any heart or circulatory problems before the flight.
- After instruction from the pilot, you can help with laying out and setting up the balloon.
- Wear functional clothing that is allowed to get dirty. Sturdy footwear is mandatory, as we land on rough terrain or meadows.
- Bring your camera and plenty of film; there are great motifs during the balloon flight that you should capture.
- It is definitely not colder in the balloon basket than on the ground! Since we drift with the wind, we don’t feel any draft during the flight, so please only wear clothing appropriate for the season (e.g., for hiking).
- Don’t forget your passport or ID, as we also land in Austria.
- The flight lasts about 1½ hours, but you should allow a total of 3-4 hours until you return to the launch site. Our off-road vehicle will then take us all back to the starting point.
- Prices include the passenger insurance required by aviation law.
- In individual cases, Ballonhafen may use another aviation company that meets the same legal requirements of the Aviation Act (§ 20 Luft VG) to conduct the flight. In this case, the aviation company used assumes liability. The liability of the air carrier is based on existing aviation laws.
- Any damage or injuries must be reported immediately to the pilot or the operating aviation company.
9. Data Storage and Privacy
In accordance with § 28 BDSG, we inform you that the data necessary for processing business transactions is processed and stored using an EDP system in accordance with § 33 BDSG and, to the extent required for order fulfillment, may be shared with affiliated companies and delivery services or with banks for billing purposes. Personal data is, of course, treated confidentially. In accordance with § 26 I, 43 III BDSG, Ballonhafen hereby informs the customer of the storage of personal data.
Further information about the type, scope, location, and purpose of the collection, processing, and use of data for order fulfillment can be found in the Privacy Policy.
10. Communications
Insofar as the contracting parties communicate via electronic mail (email), they recognize the unlimited effectiveness of the declarations of intent transmitted in this way.
11. Place of Performance
The registered office of Ballonhafen is agreed upon as the place of performance for all mutual services under the contract.
12. Severability Clause
Should any provision of this agreement be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, another appropriate regulation shall apply by way of contract adjustment that comes closest economically to what the contracting parties would have wanted if they had been aware of the invalidity of the regulation.
