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CGV
GENERAL TERMS AND CONDITIONS OF SALE
(Version of 2023.04.18)
1. Definitions
Ticket: refers to the paper or electronic document issued by Zephalto confirming to the Participant that his or her place on board a Zephalto stratospheric balloon has been taken into account and allowing the Participant to take part in a stratospheric balloon trip. This ticket shall be transmitted upon full payment of the flight.
Deposit or Reservation: refers to the invoice issued by Zephalto upon payment of the reservation and giving the Participant access to exclusive benefits.
General Terms and Conditions of Sale: refers to these General Terms and Conditions of Sale, which the Participant declares to have read and accepted prior to booking a Ticket with Zephalto or a Reseller.
General Conditions of Flight: refers to the General Conditions of Flight in force on the date of the Zephalto stratospheric balloon trip by the Participant.
Contract: refers to all the provisions contained in the reservation form for a Ticket by the Participant and the General Terms and Conditions of Sale in force at the time of this reservation, to which are added, where applicable, the General Terms and Conditions of Flight in force on the date of the Zephalto stratospheric balloon trip.
Flight window: refers to the indicative flight date announced by Zephalto in the form of a time window of several days 3 to 6 months before the flight.
Date of the flight: refers to the effective date of the flight.
Participant: refers to any person with a seat reserved by a Ticket on board a Zephalto stratospheric balloon.
Service: refers to the flight service in a Zephalto stratospheric balloon that is the subject of the Contract as described in the General Terms and Conditions of Sale.
Reseller: refers to any company approved by Zephalto to market seats in a Zephalto stratospheric balloon on its behalf.
Zephalto: refers to Zephalto or any other company operating the stratospheric balloon on behalf of Zephalto on the date of the flight.
2. Minimum Service description
Zephalto offers a stratospheric balloon trip.
As soon as the Participant has paid the deposit, Zephalto shall record the date of your reservation on its list of future trips and shall undertake to give the Participant the opportunity to confirm his or her place by completing the purchase of a Ticket.
The Participant is informed that the first flight is currently scheduled to take place in 2025. Given the nature of the trips offered by Zephalto and the advanced stage of development in which Zephalto is involved, this date may be brought forward or moved back and the Contract may be cancelled.
The Zephalto flight, which lasts an average of 6 hours, allows passengers to reach an altitude of approximately 25 kilometers in a pressurized gondola carried by the Zephalto stratospheric balloon.
An indicative flight date is announced by Zephalto in the form of a Flight Window 3 to 6 months before the flight. As soon as possible, and no later than three weeks before the flight window, Zephalto shall inform the Participant of the flight window.
Upon receipt of the Flight Window, the Participant may request from Zephalto up to 30 days following the announcement of the Flight Window by Zephalto that his or her Ticket be postponed to the next available flight, as specified in Article 8 of the General Conditions of Sale.
As the flight is subject to meteorological and aerological hazards, Zephalto does not guarantee any circuit, route or flight over a particular site. The place of take-off will vary according to the flight and the place of landing can only be given as an indication.
The pilot reserves the right to modify the place and time of the flight for reasons of safety or pleasure.
The visuals displayed on Zephalto's website, social media accounts, or any other visual related by the press, are provided as an indication and are not contractual. are provided for indicative purposes only 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 design. These visuals may not accurately reflect the actual conditions of the flight due to factors such as the materials used, safety standards, etc. Therefore, passengers cannot rely on the photos presented to claim an identical or similar experience to that shown in the visuals.
3. Prices
The Zephalto stratospheric balloon trip is invoiced at a rate of €120,000 per Participant, including tax.
A minimum deposit of €10,000 including tax must be paid when booking the flight. Upon receipt of payment, an invoice will be issued to the Participant. The remainder of the price must be paid at the latest within 30 days following the announcement by Zephalto of the Flight Window, failing which the reservation is automatically cancelled and the deposit will not be refunded.
Upon payment of the balance of the price, the Participant shall receive his/her Ticket.
The Service includes the reception of the Participant at the place of take-off (and if necessary their transfer from the indicated place to the final place of take-off), the preparation of the flight and a trip in a Zephalto stratospheric balloon.
Other complementary services (accommodation, etc.) are offered by Zephalto and governed by the General Terms and Conditions of Sale. Zephalto or the Reseller shall provide appropriate information on these additional services and they shall be invoiced in addition. 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 they can be carried out, a specific estimate will be proposed to the Participant.
Prices may be modified and updated before any reservation, at any time and without notice.
The reservation of €10,000 including tax entitles the Participant to exclusive benefits:
- An option to purchase a flight from 2025;
- A privileged relationship with our team to personalize your experience;
- Joining the Zephalto community entitles you to support and preparation for your trip : an event between 2023 and 2025, (exclusive "Behind the Scenes" meetings, exceptional event with other passengers on the same flight, family event, event with the Zephalto community, etc.);
- Privileges (exclusive information, gifts, etc.);
- Participation in the creation and personalization of your Zephalto experience.
The reservation deposit entitles you to a seat on a flight in 2025. Zephalto may have to postpone or delay the trip in the event of meteorological, regulatory, technical or technological hazards for example. Several postponements may be ordered within a maximum of 3 years.
If Zephalto is unable to provide a flight within this period, the reservation deposit will be refunded to the Participant.
Zephalto shall not be liable to the Participant for any compensation.
4. Terms of payment
Tickets may be purchased online, by telephone or in person from Zephalto.
Before proceeding with confirmation, the Participant is offered the opportunity to read the General Terms and Conditions of Sale, to which he/she must adhere, to check the details and price of his/her order, to correct any errors or to cancel his/her order.
The Participant will receive confirmation by e-mail of the payment of the deposit made at the same time as the invoice.
Upon payment of the trip in full, the Participant will receive his or her Ticket by e-mail.
Tickets may also be purchased from a Reseller.
The Participant may choose to pay by credit card, bank transfer or check.
In the case of payment by check, the Participant must send his payment by mail. The reservation will be considered valid after receipt, cashing and verification of the payment with the banking institution (estimated delay of 10 days).
5. Obligations of the Participant
The obligations of the Participant during the flight shall be specified in detail in the General Conditions of Flight. The Participant undertakes to accept the General Conditions of Flight applicable on the date of the flight as transmitted to him/her by Zephalto no later than 30 days before the flight. If the Participant refuses to accept the General Conditions of Flight without reasonable justification, the Ticket shall be cancelled, the price shall remain due in full and the Service shall not be refunded or performed at a later date.
The Participant undertakes to present before the flight an official identity document corresponding to the identity given to Zephalto at the time of booking the flight.
The Participant undertakes, from the time of arrival at the launch area, to follow the rules presented to him/her by Zephalto, and to observe the instructions given to him/her during the preliminary preparation phase.
The Participant undertakes to stay in the accommodation provided by Zephalto and to take part in the preparation and training activities planned during his stay.
During the flight, the pilot is the sole master on board. The pilot may decide at any time to interrupt the flight for safety reasons. Participants must respect the instructions given by the pilot, especially during the take-off and landing phases.
Smoking is strictly prohibited on board the stratospheric balloon.
Zephalto may at any time refuse to take the Participant on board or, where applicable, prevent him/her from taking part in the activities on board, if one or more of the following cases has or is likely to occur:
- The Participant has not complied with the applicable regulations, the rules presented by Zephalto or the instructions of the crew or Zephalto personnel;
- The Participant did not show up in time to attend the pre-flight briefing according to the indicated schedule;
- The Participant's flight could jeopardize the safety, health or comfort of other Participants or the crew, particularly 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 drugs or medication, could present a danger or risk to him or 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 conduct may occur again;
- The passenger is unable to prove that he or she is the person named on the Ticket.
6. Medical fitness
Unless exempted, children under 6 years of age, pregnant women over seven months or anyone with a serious medical condition may not participate in a Zephalto stratospheric balloon flight.
Any child under the age of 12 must be accompanied by an adult.
At any time, the pilot reserves the right to refuse to embark any person under the influence of drugs or alcohol or suffering from a physical or mental incapacity. In this case, the Ticket will be considered as consumed.
7. Right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, any Participant with consumer status has a period of fourteen days to exercise his or her right of withdrawal from the Contract if it is concluded remotely, following a telephone canvass or off-premises.
This right of withdrawal does not apply when the Service is made to the Participant's specifications.
8. Cancellation
The Participant may cancel the Contract up to 30 days following the announcement of the Flight Window by Zephalto. In this case, Zephalto shall refund the Participant the price of the Ticket but not the amount of the reservation.
Within the same period, the Participant may ask Zephalto to have his or her Ticket carried over to the next available flight. In the latter case, Zephalto shall update the Participant's Ticket and provide the new flight number.
In the event of cancellation by the Participant after the expiry of the 30-day period following the announcement of the Flight Window by Zephalto or, in the event of the Participant's absence on the day and at the time set for the flight, the Ticket shall be cancelled, the price shall remain due in full and the Service shall not be reimbursed or performed at a later date.
9. Delay or non-performance of the flight
Zephalto reserves the right to postpone the date of the flight until the last moment in the following cases: poor weather conditions, unsatisfactory safety conditions, air traffic constraints, technical imperatives, lack of administrative authorisation, health instructions or insufficient numbers of passengers. In this case, a new flight date will be set by Zephalto as explained in Article 2 of the General Conditions of Sale.
Under no circumstances shall Zephalto be held responsible for expenses incurred by the Participant to reach the meeting place or for accommodation.
10. Responsibility
Zephalto undertakes to make its best efforts to guarantee the comfort and safety of Participants in stratospheric balloon flights.
The stratospheric balloon trip will be considered fully completed when the flight has lasted a minimum of 4 hours and has reached a minimum altitude of 20 kilometers. If these two criteria are not met during the flight, the Participant will be invited to participate in a new flight, scheduled in accordance with the General Terms and Conditions of Sale, to the exclusion of any other request or claim on the part of the Participant.
The performance of its obligations by Zephalto shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance of the Service. Zephalto shall notify the Participant of the occurrence of such an event as soon as possible.
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 the Participant's failure to comply with them, or for any event beyond Zephalto's control, including, but not limited to, any damage resulting from weather or atmospheric conditions.
Zephalto shall not be liable for any damage to the Participant's personal effects, including clothing.
Each passenger is insured by Zephalto for civil liability of the air carrier for payment in accordance with European regulations, within the limits of the compensation amounts provided for by European regulations and the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention). Zephalto shall not be liable for more than 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 third party in order to be insured beyond these ceilings and for damages for which Zephalto's liability is excluded.
11. Intellectual property rights
The Participant is not authorised to sell or use for advertising or commercial purposes the images taken by him/her or by a third party on the premises of Zephalto or during the flight.
12. Personal data
In accordance with Regulation (EU) 2016/679 of 27 April 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 law relating to information technology, files and freedoms of 6 January 1978, Zephalto shall set up processing of the Participant's personal data in accordance 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 or transferred outside the territory of the European Union and the United Kingdom if this is not absolutely necessary for the performance of the Service. It will only be kept for the time necessary to provide the Service and until the expiration of the statute of limitations for any legal action that may concern it.
The Participant has the right to access, rectify, delete and port his or her data. He/she also has the right to file a complaint with the competent supervisory authorities.
13. Applicable law and mediation and jurisdiction clauses
The Contract and the General Terms and Conditions of Sale are subject to 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 the Court of Appeal of Paris.