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CGV
GENERAL TERMS AND CONDITIONS
(Version of 2023.12.15)
1. Definitions
Ticket: means the paper or electronic document issued by Zephalto confirming the Participant's place on board a Zephalto stratospheric balloon and entitling the Participantto take part in a stratospheric balloon trip. This ticket is sent after fullpayment of the price of the flight.
Deposit: refers to the 1st payment following the purchase of a stratospheric balloon trip service.
Reservation: refers to the invoice issued by Zephalto after payment of the deposit.
General Terms andConditions of Sale: refers to these General Terms and Conditions of Sale,which the Participant declares to have read and accepted prior to booking aTicket with Zephalto or a Reseller.
General FlightConditions: means the General Flight Conditions in force on the date of theZephalto stratospheric balloon trip by the Participant.
Contract: refers toall the stipulations contained in the Ticket and the General Terms andConditions of Sale, to which are added, where applicable, the General Terms andConditions of Flight in force on the date of the Zephalto stratospheric balloon trip.
Flight Window: refers to the indicative flight date announced by Zephalto 3 to 6 months prior to the flight as a time window of several days.
Flight date: refers to the effective date of the flight.
Participant: refers to any person having a place reserved by a Ticket on board a Zephalto stratospheric balloon.
Service: refers to the Zephalto stratospheric balloon flight service covered by the Contract as described in the General Terms and Conditions of Sale.
Reseller: means any company approved by Zephalto to market seats in a Zephalto stratospheric balloon on its behalf.
Zephalto: means Zephalto or any other company operating the stratospheric balloon on behalf of Zephalto at the date of the flight.
2. Minimum service description
Zephalto offers a stratospheric balloon journey.
Upon payment of the deposit by the Participant, Zephalto registers the date of the reservation on the list of its forthcoming travels. It gives the opportunity to the Participant to confirm his or her place by completing the purchase of a Ticket.
The Zephalto flight, which lasts approximately 6 hours, allows passengers to reach an altitude of around 25 kilometers in a pressurized capsule carried by the Zephalto stratospheric balloon.
An indicative flight date is announced by Zephalto in the form of a Flight Window communicated 3 to6 months before the flight. Zephalto will inform the Participant of the flight date no later than three weeks before the flight.
Upon receipt of theFlight Window, the Participant may request Zephalto, up to 30 days following the announcement of the Flight Window, to reschedule his or her ticket for the next available flight, as specified in Article 8 of the General Terms andConditions of Sale.
As the flight is subject to meteorological and aerological contingencies, Zephalto does not guarantee any circuit, route or flight over a particular site. The take-off point will vary according to the flight dates, and the landing point can only be given as an indication.
The pilot reserves the right to change the meeting place and time for the flight, for reasons ofsafety or enjoyment of the flight.
The visuals presented on the Zephalto website, on its social networks, or any other press visual are provided as an indication and are not contractual. These visuals are intended to illustrate the stratospheric balloon journey and have been created by the architect in charge of the capsule's design. These visuals may not accurately reflect actual flight conditions due to factors such as the materials used, safety standards, etc. Consequently, passengers cannot rely on the photos presented to claim an identical or similar experience to that presented in the visuals.
3. Price
The Zephalto stratospheric balloon trip is invoiced at a rate of €170,000 (one hundred andseventy thousand euros, all taxes included) per Participant.
A non-cancellable, non-refundable deposit of 30%, i.e. €51,000 inc. tax (fifty-one thousand euros inc. tax) (except in the case of force majeure as defined below), must be paid when booking the flight. Upon receipt of the deposit, an invoice will be sentto the Participant. The balance of the price must be paid within 30 days of Zephalto's announcement of the Flight Window, failing which the reservation is automatically cancelled and the deposit non-refundable.
Cases of Force Majeure are events beyond the control of the Parties (external nature), which could not be reasonably foreseen at the time of payment of the deposit (unforeseeable nature), the effects of which cannot be avoided by appropriate measures(irresistible nature); for example: death of the Participant, natural disasters, closure of borders, health crisis.
Upon payment of the balance of the price, the Participant receives his/her Ticket.
The Service includes welcoming the Participant at the take-off site, flight preparation, a trip in a Zephalto stratospheric balloon and a landing ceremony.
The Participant is also informed that he/she may submit requests for specific services to Zephalto:these requests will be studied by Zephalto and, if their realization ispossible, a specific offer will be proposed to the Participant.
Zephalto may have to postpone or delay the trip in the event of meteorological, regulatory, technical or technological contingencies, for example. Several postponements may be ordered within a maximum period of 3 years from the date of the flight window communicated.
Zephalto will not pay any compensation to the Participant for a postponement.
4. Terms of payment
Tickets may be purchased by telephone, in person from Zephalto (contact@zephalto.com) or from a reseller.
Prior to confirmation, the Participant must read and accept the General Terms and Conditions of Sale.The Participant must check the terms and price of his/her order, correct any errors or cancel the order.
The Participant will receive confirmation of payment of the deposit by e-mail at the same time as his/her invoice.
After payment in full for the trip, the Participant will receive his/her Ticket by e-mail.
The Participant may choose to pay by credit card or bank transfer.
5. Obligations of the Participant
The obligations of theParticipant during the flight are specified in detail in the General Conditions of Flight. The Participant undertakes to accept the General Conditions ofFlight applicable on the date of the flight, as sent to him by Zephalto no later than 30 days before the flight. If the Participant fail to comply with theGeneral Flight Conditions without reasonable justification, the Ticket will be cancelled, the price will remain due in full, and the Service will not be refunded or postponed.
The Participant undertakes to present before the flight an official identity document corresponding to the identity given to Zephalto when booking the flight.
Upon arrival at the launch area, the Participant undertakes to follow the rules and regulations presented to him/her by Zephalto, and to comply with the instructions given to him/her during the pre-flight preparation phase.
The Participant undertakes to take part in the preparation and training activities scheduled prior to the flight.
During the flight, the pilot is the only one in charge on board. The pilot may decide at any time to interrupt the flight for safety reasons. It is imperative that participants follow the pilot's instructions, particularly during the take-off and landing phases.
Smoking is strictly forbidden on board the stratospheric balloon.
Zephalto may at any time refuse to take the Participant on board, or prevent the Participant from taking part in on-board activities, if one or more of the following cases has occurred or is likely to occur:
- The Participant has not complied with the applicable regulations, the rules presented by Zephalto or the instructions of Zephalto's crew or personnel;
- The participant did not show up on time to attend the pre-flight meeting as scheduled;
- The participant's flight could jeopardize the safety, health or comfort of other participants or the crew, in particular if the participant uses intimidation, aggressive or insulting behavior or language towards ground staff, other participants or the crew;
- The participant's physical or mental condition, including a condition caused by the consumption of alcohol or the use of narcotics or medication, could present a danger or risk to himself/herself, other participants, the crew or property;
- The participant has compromised safety, good order and/or discipline prior to the flight, and Zephalto has reason to believe that such behavior may occur again;
- The passenger is unable to prove that he/she is the person named on the ticket.
6. Medical fitness
Unless an exemption is granted, children under 6 years of age, women more than seven months pregnant, people on respiratory assistance or anyone suffering from a serious medical condition may not take part in a Zephalto stratospheric balloon flight.
Children under 12 must be accompanied by an adult.
Persons with special medical conditions or reduced mobility will be discussed on a case-by-case basis with Zephalto's medical council to validate or not their presence onboard.
The pilot reserves the right to refuse boarding at any time to anyone under the influence of drugs or alcohol, or suffering from physical or mental incapacity. In this case, theTicket will be considered consumed.
As the Celeste capsule is a closed space with no possibility of ventilation during the flight, the Participant authorizes duly authorized Zephalto personnel to perform a pre-flight COVID or flu test. If the test is positive, the flight may be postponed.
7. Right of withdrawal
In accordance withArticles L. 221-18 et seq. of the French Consumer Code, any Participant with consumer status has a period of fourteen days in which to exercise his or herright to withdraw from the Contract if it has been concluded remotely, following telephone canvassing or off-premises.
This right of with drawal does not apply when the Service is made according to the Participant's specifications.
8. Cancellation
The Participant may cancel the Contract up to 30 days following the announcement of the FlightWindow by Zephalto. In this case, Zephalto will refund the Participant theprice of the Ticket but will retain the amount of the deposit.
Within the same period, the Participant may ask Zephalto to transfer the Ticket to the next available flight. In the latter case, Zephalto will update the Participant's Ticket and inform him/her of the new flight number.
In the event of cancellation by the Participant after the expiry of the period of 30 days following the announcement of the Flight Window by Zephalto or, in the event of absence of the Participant on the day and at the time fixed for the flight, theTicket will be cancelled, the price will remain due in full and the Service will not be reimbursed or performed at a later date.
9. Flight delay or non-performance
Until the last moment, Zephalto reserves the right to postpone the date of the flight for legitimate reasons and in particular in the following cases: poor weather conditions, unsatisfactory safety conditions, air traffic constraints, technical imperatives, lack of administrative authorizations, health instructions or insufficient number of passengers. In such cases, a new flight date will be set by Zephalto as explained in Article 2 of the General Terms and Conditions of Sale.
Under no circumstances shall Zephalto be held responsible for expenses incurred by the Participant in travelling to the meeting place or for accommodation.
10. Liability
Zephalto undertakes to make its best efforts to guarantee the comfort and safety of Participants in stratospheric balloon flights.
The stratospheric balloon journey will be considered fully completed when the flight has lasted a minimum of 4 hours and has reached the minimum altitude of 20 kilometers. If these two criteria are not met during the flight, the Participant will be invited to take part in a new flight, scheduled in application of the GeneralTerms and Conditions of Sale, to the exclusion of any other request or claim onthe part of the Participant.
The performance of Zephalto's obligations shall be suspended in the event of a fortuitous event or force majeure which prevents the Service from being performed. Zephalto will notify the Participant of the occurrence of such an event as soon as it becomes aware of it.
Zephalto shall not be liable for any damage caused to the Participant as a result of Zephalto's compliance with government laws, decisions, instructions or regulations or theParticipant's failure to observe them, or as a result of any event beyond Zephalto's control, including in particular any damage resulting from weather or atmospheric conditions.
Zephalto shall not beliable for any damage to personal effects, including the Participant's clothing.
Each Participant is insured by Zephalto for air carrier liability in accordance with European regulations, within the limits of the compensation amounts provided for byEuropean regulations and the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention). Zephalto's liability shall not exceed the highest of these compensation amounts, and shall in no case exceed twice the price of the flight paid by the Participant.
The Participant is hereby informed that he/she may take out additional insurance with a thirdparty in order to be insured above these ceilings and for damages for whichZephalto's liability is excluded.
11. Intellectual property rights
The Participant is not authorized to sell or use for advertising or commercial purposes any images taken by him/her or by a third party on Zephalto’s premises or during the flight.
12. Personal data
In accordance withRegulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and with the French Data Protection Act of January 6, 1978, Zephalto sets up the processing of the Participant's personal data in compliance with the regulations for the sole purpose of being able to provide the Provision under the Contract.
This data will not be communicated to third-party companies, nor transferred outside the EuropeanUnion and the United Kingdom unless absolutely necessary for the provision of the Service. It will only be kept for as long as is necessary to provide the Service and until the expiry of the statute of limitations for any legal action thatmay concern it.
The Participant has the right to access, rectify, delete and port his or her personal data. They also have the right to lodge a complaint with the competent supervisory authorities.
13. Applicable law and mediation and jurisdiction clauses
The Contract and theGeneral Terms and Conditions of Sale are governed by French law.
Any dispute, difference or claim arising from or related to the conclusion, validity, interpretation or execution of the Contract and the General Terms and Conditions of Sale is subject to the exclusive jurisdiction of the courts of the jurisdiction of theCourt of Appeal of Paris.
14. Legal Information
The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.