GENERAL TERMS AND CONDITIONS OF SALE

[Version of 2022.09.14]
 
1. Definitions
 
Contract: means all the provisions contained in the Participant’s Reservation form for a Ticket and the General Terms and Conditions of Sale in force at the time of this Reservation, to which may be added the General Terms and Conditions of Flight in force on the date of the Zephalto stratospheric balloon trip.
 
Date of the flight: means the effective date of the flight.
 
Deposit or Reservation: means the payment of the deposit for reservation as well as the invoice issued by Zephalto or the Reseller upon payment of the reservation and giving the Participant access to exclusive advantages.
 
Flight window: means the indicative flight date announced by Zephalto in the form of a time window of several days 3 to 6 months before the flight.
 
General Conditions of flight: means the General Conditions of flight in force on the date of the Participant’s Zephalto stratospheric balloon trip.
 
General Terms and Conditions of Sale: means these General Terms and Conditions of Sale that the Participant declares to have read and that the Participant declares to have accepted prior to booking a Ticket with Zephalto or a Reseller.
 
Participant: means any person having a seat reserved by a paying Ticket on board a Zephalto stratospheric balloon.
 
Passenger: means any person on board the Zephalto stratospheric balloon.
 
Service: means the flight service in a Zephalto stratospheric balloon which is the subject of 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.
 
Ticket: means the paper or electronic document issued by Zephalto confirming to the Participant the taking into account of his/her seat on board a Zephalto stratospheric balloon and allowing the Participant to take part in a stratospheric balloon trip. This Ticket is only sent after full payment for the flight.
 
Zephalto: means Zephalto or any other company operating the stratospheric balloon on Zephalto behalf 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 the Reservation on its list of upcoming trips and undertakes to give the Participant the opportunity to confirm his/her seat by paying the balance of the purchase price of a Ticket.
 
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 of the stratospheric balloon in which Zephalto finds itself, this date could be brought forward or moved back and the Contract could be cancelled under the conditions stipulated in Article 8.
 
The Zephalto flight, which lasts an average of 6 hours, allows Passengers to reach an altitude of approximately 25 kilometers in a pressurized pod carried by the Zephalto stratospheric balloon.
 
The number of passengers per flight is a maximum of 8 people and a minimum of 2 people.
 
An indicative flight date will be 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 postponed to the next available flight, as specified in Article 8 of the General Terms and Conditions of Sale.
 
The flight being subject to meteorological and aerological hazards, Zephalto does not guarantee any circuit, route or flight over a particular site. The take-off location will vary according to the flight and the landing location can only be given as an indication. Zephalto is responsible for travel to the take-off and landing sites.
 
The pilot reserves the right to modify the place and time of the appointment for the flight for reasons of the flight’s safety or pleasure.
 
 
3. Prices
 
The Zephalto stratospheric balloon trip is invoiced at the price of €120,000.00 (including all taxes) per Participant.
 
A minimum Deposit of €5,000.00 (including all taxes) must be paid when booking the flight. Upon receipt of payment, an invoice will be issued for the Participant’s benefit. The balance of the price shall have to be paid within 30 days of Zephalto’s announcement of the Flight Window, failing which the Reservation shall be automatically cancelled and the Deposit shall not be refunded to the Participant.
 
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 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 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 quotation will be proposed to the Participant.
 
Prices may be modified and updated before any Reservation, at any time and without prior notice.The Reservation of €5,000.00 (including all taxes) entitles the Participant to exclusive benefits:
– An option to purchase a flight from 2024;
 
– A privileged relationship with our team to personalize his/her experience;
 
– Joining the Zephalto community entitles the Participant to support and preparation for his/her trip:
a minimum of one event per year between 2022 and 2024, (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 design of his/her Zephalto experience.
 
 
The Reservation Deposit is non-refundable, unless the cancellation is initiated by Zephalto.
 
 
4. Terms of payment
 
Tickets may be purchased online, over the phone or in person from Zephalto.
 
Before proceeding with the confirmation of his/her Reservation, the Participant shall be offered the opportunity to read 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 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/her Ticket by e-mail.
 
Tickets may also be purchased from a Reseller.
 
The Participant may choose to pay by credit card (only for the Deposit), bank transfer or check.
 
 
In the case of payment by check, the Participant must send his/her payment by mail. The reservation will be considered valid after receipt, cashing and verification of the payment with the banking institution (estimated time of 10 days).
 
 
5. Obligations of the Participant
 
The obligations that the Participant must respect 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 they will be 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 later.
 
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 to provide a medical certificate declaring his/her physical fitness to perform the flight.
 
The Participant undertakes, from the time of his/her arrival at the launch area, to follow the rules presented to him/her by Zephalto, and to observe the instructions that will be given to him during the preliminary preparation phase.
 
The Participant undertakes to stay in the accommodation provided by Zephalto as well as to participate in the preparation and training activities planned during his/her 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. The Participants must respect the instructions given by the pilot, especially during the take-off and landing phases.
 
It is strictly forbidden to smoke on board the stratospheric balloon.
 
Zephalto may at any time refuse to board the Participant or, if necessary, 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 times indicated;
 
– The Participant’s flight could endanger 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 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 conduct may recur;
 
– The Participant is unable to prove that he or she is the person named on the Ticket.
 
 
If the Participant fails to comply with any of the undertakings and/or obligations set out in Article 5, the Ticket shall be cancelled and the full cost of the Ticket (deposit and balance) shall be payable by the defaulting Participant.
 
 
6. Physical fitness to fly
 
Only Participants who have provided Zephalto with a certificate of medical fitness dated less than 8 days ago may take part in a Zephalto stratospheric balloon flight. The consequences of not presenting this certificate are dealt with in article 5.
 
Except for derogation, children under 6 years old 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 consumed.
 
 
7. Withdrawal right
 
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 whether it is concluded remotely, following a cold calling or off-premise.
 
This right of withdrawal is not applicable when the Service is made to the Participant’s specifications.
 
 
8. Cancelation
 
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 less the amount of the Reservation Deposit, which shall be retained by Zephalto.
 
Within the same period, the Participant may ask Zephalto to have his/her Ticket carried over to a 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 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 later.
 
If Zephalto is unable to provide the Service, it shall immediately inform the Participant and refund the price of the Ticket including the Deposit within30 days of this cancellation. In this case, no other compensation shall be due by Zephalto to the Participant.
 
 
9. Delay or non-performance of the flight
 
Until the last moment, Zephalto reserves the right to postpone the date of the flight in the following cases: bad weather conditions, unsatisfactory safety conditions, air traffic constraints, technical requirements, lack of administrative authorization, 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 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.
 
 
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 shall be considered fully realized 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 shall 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 resulting from Zephalto’s compliance with government laws, decisions, instructions or regulations or from the Participant’s failure to comply with them, or from any fact beyond Zephalto’s control, including, in particular, any damage resulting from weather or atmospheric conditions.
 
Zephalto, except in the case of proven gross negligence, shall not incur any liability for damage to personal effects, including the Participant’s 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
 
Except with the prior written authorization from Zephalto, the Participant, including in the context of his/her professional activities, is not authorized to sell or use and/or exploit for advertising or commercial purposes, images (such as photos and/or videos) taken by him/her or by a third party on the premises of Zephalto or during the flight.
 
In the event that a Participant communicates, on a private basis, images (such as photos and/or videos) taken by himself/herself for by a third party on the premises of Zephalto or during the flight, he/she undertakes not to transmit them to a third party by any means whatsoever, without having informed the said third party of his/her obligation which binds him/her to Zephalto not to sell or use and/or exploit such images for advertising or commercial purposes.
 
In the event of non-compliance with the obligations of this article by a Participant, Zephalto reserves the right trough legal action to require payment of damage sas well as the withdrawal and/or deletion of the images concerned.
 
 
12. Personal data
 
In accordance with Regulation (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 the law relating to information technology, files and freedoms of January 6, 1978, Zephalto shall implement the 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 deadline of the limitation period for any legal action that may concern it.
 
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 – Disputes
 
The Contract and the General Terms and Conditions of Sale shall be governed and construed in accordance with the laws of France.
 
Any dispute, difference or claim arising from or related to the conclusion, validity, interpretation or performance of the Contract and the General Terms and Conditions of Sale shall be subject to the exclusive juridiction of the courts within the juridiction of the Paris Court of Appeal.
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