Voucher Purchase Terms & Conditions.
Please take time to read our terms and conditions before ordering a Voucher. Do not hesitate to contact us on any point you require clarifying. Where stated herein, “working day” shall be taken to mean the period from 9 AM to 5 PM from Monday through to Friday inclusive (excluding Bank Holidays).
1) These terms and conditions govern the contract under which Airsports Sussex (AS) will supply Vouchers to the “purchaser” whether that be the purchaser or another recipient of the Voucher. Unless specifically provided for herein, no third party shall have any rights under or in connection with these terms and conditions. These terms and conditions shall be construed, interpreted and applied in accordance with the Laws of England and Wales and subject to the jurisdiction of its courts. If any part of these terms and conditions is unenforceable (including any provision in which AS excludes their liability), the enforceability of any other term or condition shall not be affected and shall remain enforceable.
2) AS acts as a disclosed agent for third party suppliers (Pilots). AS is not a pilot itself and is unable to give any guarantee as to the safety standards or performance of any Pilot although all Pilots are holders of a BHPA Dual Pilots licence. AS has no contractual liability to you (purchaser or user) as regards the provision of the hang gliding experience. AS cannot accept any responsibility for any loss howsoever arising from AS’s contract with the purchaser or user of a Voucher. If a dispute over the provision of the hang gliding experience arises, then the user should attempt to resolve this with the Pilot. If no resolution is achieved, AS will then attempt to resolve the dispute between the two parties to mutual satisfaction.
3) A tandem hang gliding flight activity intrinsically involves the possibility of physical risks greater than those encountered in daily life although the activity is conducted under the supervision of licensed pilots who exercise due precautions to ensure safety. In purchasing one of our Vouchers, the purchaser and the user accepts the existence of an element of risk.
4) The user must be medically and physically fit enough to undertake the whole activity which includes the need to be agile enough to run on take off and landing and to safely sustain the possible hefty impact. If the user has any doubts about their medical or physical fitness, they should consult their doctor. The user should always seek advice from a doctor if there is any known heart or other medical complaint (e.g. neck or back problems) which may be aggravated by this activity. The user should not fly if suffering from a heavy cold and must not fly if pregnant. It is incumbent on the user to notify AS of their possible inability to undertake the activity sufficiently in advance of any flight booking made to avoid the possibility of them forfeiting the right to the activity (see Clause 20).
5) AS welcomes the participation of disabled people in their experiences though they recognize that to be able to participate safely in a tandem hang gliding flight, certain disabilities may present greater difficulties than others. AS is committed to ensuring that customers with disabilities are given every opportunity to participate, so they require that users tell them about any disability or medical condition when making a flight booking even if they do not consider that it is a disability. Such information is needed to allow AS to respond to its duty of care for the user’s safety. AS will be happy to discuss the disabled facilities available on request.
6) AS is not qualified to express an opinion concerning a user’s fitness to fly and the user must ensure that they are fit to fly. Users must not fly if they are suffering from any significant medical condition or have recently undergone surgery. AS may ask users to provide a certificate of their fitness to fly from their doctor or medical specialist. It is necessary that users disclose any aspect of their medical or physical condition that could be considered to affect their safety or the safety of others. Users must not fly if pregnant or under the influence of alcohol and/or drugs.
7) A user must obey all reasonable instructions issued by any of AS representatives and take particular care to abide by any safety instructions given. The pilot has complete discretion as to whether to allow the user to take part in the flight and will refuse to allow the user to do so if in his/her opinion they would be a risk to the safe conduct of the flight, to the glider, to the pilot or to themselves. In these circumstances the user will forfeit their entitlement to a flight.
8) Operators will only fly children whose age is 8 years or over. A child under the age of 16 years will only be flown if accompanied on the hill by a parent or guardian or a responsible adult appointed by a parent or guardian. If the passenger is under 18, the written consent of a parent or guardian will be required.
9) Users should wear such appropriate clothing as is advised to them in the AS supplied documentation.
10) In the interests of safety and operational requirements Pilots cannot normally undertake the carriage of passengers whose weight exceeds 100kg or is less than 20kg.
11) Mobile phones must be switched off during the flight procedure and no smoking is permitted with in 30 meters of the glider.
12) Third party insurance is provided by the compulsory BHPA daily membership for an Air Experience flight which is a training aid in the process of learning to fly a hang glider. However this sets maximum limits on the legal liability to the user that they might regard as inadequate to compensate for any loss, whether for death or personal injury or damage to their personal belongings. AS can provide further details upon request and if the user does not then consider that the amount of insurance cover would be adequate to compensate them for any loss, whether for death, personal injury or damage to their belongings, then they should take out their own additional cover. AS will not be liable for any loss or damage to equipment and effects brought with the user on the flight nor for death or personal injury above the level of their insurance cover unless it has been caused by their recklessness.
13) Operators cannot supervise vehicles parked at the meeting venue for a flight. Vehicles and their contents are left at the user’s own risk and no liability is accepted for any loss or damage to their vehicle or contents unless it is due to the Operators negligence.
14) Vouchers are made valid for the user to undertake a tandem hang gliding flight up to 12 months from the date of purchase (the ‘initial validity period’) as denoted by the ‘expiry date’ on the Voucher. An extension fee payment may then be required to use the Voucher after its expiry date (see Clause 22). The user is advised to make a flight booking as soon as possible after the purchase of the voucher.
Booking Flights, Prior Check-In, Cancelling Flights
15) AS will provide the opportunity for the user to book dates to undertake a tandem hang gliding flight provided the user’s voucher remains valid.
16) No guarantee can be made as to availability of the hang gliding flight activity on any particular day.
17) The experience is participatory and includes the preparation of the user and equipment, a flight and debrief. It is intended that the glider will be in the air for approximately 15 minutes but the pilot has absolute responsibility for deciding the duration and conduct of any flight and the appropriate time and place of any landing. AS cannot guarantee the duration of a flight or that it will follow any particular direction.
18) The user will be provided with a telephone number and a ‘weather check-in’ period in which to call prior to a booked flight to check whether the flight has been called on or cancelled. AS does not accept any responsibility for any loss or cost incurred as a result of the user’s failure to ‘check-in’ per the provided instructions. Tandem hang gliding flights are highly weather dependent. It may be necessary to cancel a flight at any time if in the pilots judgement the conditions are not safe. AS will give users as much cancellation notice as circumstances allow but they reserve the right to cancel a flight at any time up to the moment of launch. In the event of a flight being cancelled, a range of alternative dates will be made available to the user on their enquiry to the AS website. It is the user’s responsibility to ensure that they start early enough and make sufficient booking attempts during their booking validity period to give the AS a reasonable chance of providing the user with the tandem hang gliding experience given its weather dependency.
19) AS accepts no liability for any costs or expenses the user incurs if any booked flight is cancelled.
20) The user may cancel their flight booking provided that they do so during the working day and at least two full working days before the meeting time for the flight if their flight is booked for a day between Tuesday to Saturday inclusive or at least three full working days before the meeting time for the flight if their flight is booked for a Sunday or Monday. The user should request the cancellation by telephoning and speaking to AS. If the user instead leaves a message on the AS answerphone or chooses to use email, then the cancellation will only have been accepted if the user receives an acceptance response back from AS, thus confirming that the cancellation request has been received. If the user does not give notice of cancellation in accordance with this clause or does not attend in time to take part in the booked flight (and the user must arrive at the meeting location in time for the pilot to provide them with a preflight safety briefing), the user will forfeit their entitlement to a hang gliding flight. We recommend that you insure yourself against events that may result in you failing to attend in time.
21) AS reserves the right to notify a change of the meeting venue to another location at anytime up to and including the ‘weather check-in’ period where operational circumstances or weather conditions require such a change.
22) If AS has had to cancel a user’s booked flights on five or more occasions during the initial validity period, and the user remains unflown by the end of this period, AS will extend without charge the validity period by a further 12 months. If AS has had to cancel the user’s booked flights on five or more occasions during such further 12 month extension periods, again AS will extend without charge the validity period by a further 12 months, and so on. If the user has not met this condition but they contact AS before the booking expiry date, AS will provide the user with the opportunity to fly for a further 12 months from the expiry date at a cost of £50 per person. This payment is non-refundable.
23) If all flights are suspended due to operational restrictions beyond AS’s reasonable control, the validity period will be extended by the period of such restrictions. AS can not be held liable for any losses or cost of whatever nature that result from the suspension of any flights in accordance with this clause and by adding this extension period to a voucher, AS’s contract may be not be regarded as being frustrated.
24) If the user is pregnant, AS will extend the validity period by twelve months provided the user notifies AS in writing, and with supporting medical documentation, during their pregnancy and prior to the user’s booking expiry date. This extension will apply also to the user’s partner if they are booked in with the user.
25) If the user’s booking validity period expires and is not extended by AS according to clauses 22, 23 and 24 then the user will forfeit their entitlement to the hang gliding flight experience.
26) Vouchers are non-refundable by the user once purchased.
Limits of Liability
27) The information provided by AS for each flight is given in good faith and is consistent with the information supplied by its Pilots. However, there may be changes in the exact arrangements on the day or during the course of the validity period of the booking. Information provided should therefore be taken as a guide only. Photographs used are illustrative and not necessarily of the actual equipment in use at any particular location.
28) Should a particular preferred advertised location become unavailable whilst other locations remain available, AS will endeavor to find an acceptable alternative location for the user at no extra cost. Failing this, AS reserves the right to give a full refund to the purchaser. This will be the limit of AS’s liability and AS will not be liable for any other costs incurred by the purchaser, user or their companions, such as travel or accommodation.
29) The provided Voucher is evidence of payment for a tandem hang gliding flight. Each Voucher will show a personal booking reference number. This number must be quoted when communicating with AS. Vouchers and the personal booking reference numbers must be kept safely and securely. AS will take no responsibility for any loss the purchaser or user may incur as a result of impersonation or identity fraud.
30) AS’ s liability for any claim of breach of obligation regarding any single Voucher or experience or activity shall not exceed the price of that single voucher, experience or activity.
31) The contract between the purchaser or user and AS does not create any right enforceable by any person under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
32) Neither AS nor any of its Directors, employees or other representatives will be liable for any loss or damage arising out of, or in connection with, the hang gliding flight experience or this contract. This is a comprehensive liability that applies to all kinds of damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights the purchaser or user may have as a consumer under local law or other statutory rights which may not be excluded.
33) In no circumstances will AS be liable to the purchaser or user for any direct, indirect, consequential, special or other damage howsoever resulting. Such damage shall include (without limitation) loss of profits and interruption to business. AS shall have no liability to the user for any damage or any delay to the hang gliding flight caused by any event or circumstance beyond the reasonable control of AS including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
34) AS reserves the right to change these terms and conditions from time to time without notification. Current terms and conditions are available on the AS website. Airsportssussex@gmail.com
35) The purchaser and user undertake that any requested data relating to them that they give to AS or the Pilot is correct.