General Terms and Conditions
Ticket: refers to the paper or electronic document issued by Zephalto confirming to the Participant that his/her reservation for a place onboard a Zephalto stratospheric balloon has been taken into account and enables the Participant to take part in a stratospheric balloon trip. The Ticket mentions the flight number assigned to the Participant in the list of the next scheduled flights.
General Terms and Conditions of Sale: refers to the present General Terms and Conditions of Sale which the Participant declares that he/she is aware of and has 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 in which the Participant takes part.
Contract: refers to all the stipulations contained in the reservation form for a Ticket filled by the Participant and the General Terms and Conditions of Sale in force at the time of the reservation, to which are added, where applicable, the General 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.
Participant: means any person with a place reserved by a Ticket on board a Zephalto stratospheric balloon.
Service: refers to the flight in a Zephalto stratospheric balloon which is the subject-matter of the Contract, as described in the General Terms and Conditions of Sale.
Reseller: means any company approved by Zephalto to market Tickets 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. Minimal Description of the Service
Zephalto organizes stratospheric balloon trips.
Upon payment of the deposit by the Participant, Zephalto undertakes to grant the Participant a Ticket on the next available flight and to inform the Participant of the number of this flight.
The Participant is informed that the first flight is currently scheduled to take place in 2024.
The Participant is informed that the first flight is currently scheduled to take place in 2024. 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 capsule 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 date of the flight, Zephalto will inform the Participant of the date of the flight.
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/her Ticket be carried over to the next available flight, as specified in Article 8 of the General Terms and Conditions of Sale.
As the flight is subject to meteorological and aerospace hazards, Zephalto does not guarantee any circuit, route, or flight over a particular site. The take-off site 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 location and time of the flight for reasons of safety or passenger comfort.
The Zephalto stratospheric balloon trip is invoiced at a rate of €120,000 (incl. VAT) per Participant.
A minimum deposit of €5,000 must be paid when booking the flight. As soon as the deposit is received, a Ticket is issued to the Participant mentioning the flight number. The remainder of the price must be paid within 30 days of Zephalto’s announcement of the Flight Window, failing which the Ticket will be cancelled by operation of law.
The Service includes the reception of the Participants at the take-off site (and, if necessary, their transfer from the indicated site to the final take-off site), the preparation of the flight, and a trip in a Zephalto stratospheric balloon.
Other additional services are offered by Zephalto and are governed by the General Terms and Conditions of Sale. Zephalto or the Reseller shall provide appropriate information on these additional services. The Participant is also informed that he/she may submit requests for specific services to Zephalto: these requests will be reviewed by Zephalto and, if they can be carried out, a specific estimate will be proposed to the Participant.
Rates may be modified and updated before any reservation is made, at any time, and without prior notice.
4. Terms of Payment
Tickets may be purchased online, by telephone, or in person from Zephalto
Before confirming the reservation, the Participant is offered the opportunity to review the General Terms and Conditions of Sale, which he/she must adhere to, to check the details and price of his/her order, to correct any errors or to cancel his/her order. The Participant will receive by e-mail the confirmation of the payment of the deposit and his/her Ticket, indicating the flight number in which the Participant may take part.
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 the payment by post mail. The reservation will be considered valid after receipt, cashing, and verification by Zephalto of the payment with its banking institution (estimated delay of 10 days).
5. Obligations of the Participant
The obligations of the Participant during the flight will 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 neither be refunded nor performed at a later date.
The Participant undertakes to present an official identity document before the flight corresponding to the identity given to Zephalto at the time of booking the flight.
The Participant commits, from the time of his/her arrival at the takeoff site, to follow the rules presented by Zephalto, and to observe the instructions given during the preliminary preparation phase.
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 preflight 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 even a risk to himself/herself, the other Participants, the crew, or the property
- The Participant has compromised safety, 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/she is the person named on the Ticket.
6. Medical Fitness
Unless express authorization by Zephalto, children under the age of 6, pregnant women, or anyone with a serious medical condition may not participate in a Zephalto stratospheric balloon flight.
Any child under 12 years old 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 used.
7. Right of Withdrawal
In accordance with Articles L. 221-18 and following of the French Consumer Code, any Participant with consumer status has a period of fourteen days to exercise his/her right of withdrawal from the Contract if it has been concluded remotely, by phone, or off-premises.
This right of withdrawal does not apply when the Service is offered according to the Participant’s specifications.
The Participant may cancel the Contract up to 30 days following the announcement of the Flight Window by Zephalto. In this case, Zephalto shall reimburse the Participant for the price of the Ticket, excluding the amount of the deposit.
Within the same period, the Participant may ask Zephalto to have the 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 neither be refunded nor performed at a later date.
If Zephalto is unable to provide the Service, it will immediately inform the Participant and refund the price of the Ticket within 30 days of this cancellation. In this case, Zephalto shall not owe the Participant any further compensation.
9. Delay or Non-Execution 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 authorization, health instructions, or insufficient number of passengers. In this case, 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 to reach the meeting place or for accommodation.
Zephalto commits 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 preventing 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 caps and Zephalto’s overall liability 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 above these caps and for damages for which Zephalto’s liability is excluded.
11. Intellectual Property
The Participant is not authorized to sell or use for advertising or commercial purposes any recordings 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 Statute relating to information technology, files, and freedoms dated 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 Service 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 it 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 which may relate to the Service.
The Participant has the right to access, rectify, delete, and port his/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, litigation or claim arising from or related to the conclusion, validity, interpretation or performance of the Contract and the General Terms and Conditions of Sale is subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Montpellier.