General Terms and Conditions

General

1. The contractual partners are the operating airline Holly Ballon owened by Ballon Service Schmidle Gerhardt GmbH and the respective client and, after the first appointment, the passenger. The client is responsible for ensuring that the passenger he/she has registered is aware of the General Terms and Conditions and the Conditions of Carriage.

2. Only service vouchers are sold and referred to as "vouchers." The respective value of the voucher is shown on the invoice or can be requested at any time.

3. Cancellation of the order is only possible within 10 days of the purchase/invoice date and against return of the original vouchers. We will charge a processing fee of CHF 50 per person for canceling the order. The fee paid for the balloon flight cannot be refunded after 10 days of the invoice date. By not making use of the 10-day right of return, the buyer agrees to the terms of the contract. If the original vouchers are not returned, the purchase contract remains active and the invoice amount remains due.

4. The prices are valid for the balloon flight, personal insurance and transfer with the escort vehicle.

5. The voucher is payable immediately in accordance with the terms of payment stated on the invoice. The voucher is only valid once payment has been made in full and the passenger can make an appointment for the balloon flight. Participation in a balloon flight without a paid ticket is excluded. If the balloon flight is taken with an unpaid voucher, the passenger automatically becomes the debtor and must pay the amount in cash on the spot. If the balloon flight has taken place but the voucher has not been paid for, the passenger automatically becomes the debtor and must pay the invoice sent to him/her immediately.

6. The vouchers issued are valid for 2 years from the date of issue. The voucher is transferable to another person. The carrier reserves the right to extend the voucher. However, the extension must be requested before the ticket expires for a fee (inflation) of 15 % of the value of each ticket.

7. Claims for damages due to weather-related, technical, failure to reach the required number of participants or illness-related (pilot absences) flight cancellations on the day before/day of the date or at the launch site are excluded. If the required minimum number of participants is not reached, a flight can be canceled up to 1 day before the balloon flight or if the required number of participants does not appear at the launch site. Passengers will be informed immediately that the flight cannot take place and will be offered a rebooking free of charge.

8. Should reasons beyond the control of Holly Ballon require a shorter journey time, the journey shall be deemed to have been carried out in accordance with the contract.

9. If a guest has lost the voucher, they can request a replacement voucher. As it is very time-consuming to monitor the voucher to ensure that it is not used illegally, we will have to charge you CHF 200 per voucher.

Health / Clothing

10. We generally assume that our passengers have no physical limitations or health problems. You should be able to stand for the duration of the balloon flight and hover at an altitude of at least 2000 m and help to pack and unpack the balloon. The basket wall is approx. 1.20 m high. The basket wall has a foot-wide opening in which you can place your foot and swing into the basket with your other leg. 
Exclusion: Alcohol (10 hours) and drug consumption (24 hours) are prohibited before the balloon ride.

11. Let us know at the time of booking if you have any health restrictions.

12. In case of cardiovascular problems, consult your doctor first.

13. We strongly advise pregnant women from the 4th month onwards not to take a balloon flight.

14. Clothing: Temperatures are usually similar to those on the ground. Nevertheless, take a sweater and a light jacket with you, you can always take them off. Make sure your shoulders are covered. Footwear should be sturdy and comfortable (trainers/hiking boots) -– Flip-flops and strappy sandals are not accepted!

Our passenger

15. During the season from May to October, the passenger independently arranges a take-off date with Holly Ballon. The passenger is free to make the reservation either via our reservation form or by calling 056/667 27 08 (during office hours). If the date is postponed for weather-related reasons, the passenger will be asked to make a new appointment. Postponements do not constitute grounds for withdrawal and claims for damages of any kind are excluded.

16. The passenger has no right to choose a special advertising balloon or pilot. However, we try to fulfill all wishes.

17. The passenger is responsible for arriving at the meeting point or launch site on time. Our pilots are instructed to wait a maximum of 10 minutes and then drive with the passengers from the meeting point to the launch site. We cannot offer a cab service to or from public transportation. No-shows or late cancellations (48 hours before the agreed date) are the responsibility of the passenger. We will charge you CHF 200 for the empty space reserved for you. After receiving the invoice amount, you can make a new reservation.

18. When you make your reservation, we will let you know when we will definitely call you on the day of the balloon flight to let you know whether the balloon flight will take place and exactly when we will meet. If you do not receive a call from us within 30 minutes of the agreed time, please call us to inquire about the balloon flight. This is often due to technical problems with cell phones (dead battery, no reception, wrong number). If your space remain empty due to absence, we will have to charge you CHF 200.00 per person to cover our costs.

19. Due to weather conditions (wind direction), the starting/meeting point may be changed at short notice. You will be informed of this when you receive confirmation by telephone. The new starting point/meeting point is always in the region in which you have booked. A change of starting point does not constitute a withdrawal, claims for damages of any kind are excluded. Each passenger is responsible for arriving at the meeting point on time.

20. Accompanying persons are not allowed to travel in our vehicles.

21. The voucher must be brought to the start and handed to the pilot. Without this voucher, a fee of CHF 50 per person (processing fee) will be charged on site. The passenger must provide their name, address and telephone number and send the voucher to Holly Ballon within 5 days, after which an invoice will be issued.

22. Passengers without vouchers pay cash on the spot.

23. You will be informed by telephone whether the balloon flight will be carried out (cancellation due to weather conditions). We need about 30 minutes to notify all our passengers. Please understand if you are not the first to be called.

24. Expired and invalid vouchers cannot be redeemed.

25. In the event of a weather-related cancellation, the passenger has the option of booking a new date immediately. However, this must take place within the validity period of the voucher. If more than 6 dates are postponed due to weather conditions within the validity period, the voucher will be extended by 12 months.

26. Photography and filming is permitted, but we cannot accept any liability for cameras, glasses and video equipment etc. Passengers are responsible for their own safekeeping during the entire balloon flight, including rigging, take-off and landing as well as the car rides to the launch site and from the landing site back to the meeting point.

27. During the launch preparations, the launch itself, during the balloon flight and especially during the landing, the balloon pilot will give you instructions for your personal behavior. All instructions given by the balloon pilot must be followed in the interests of safety and a smooth flight.

28. Place of performance and jurisdiction for all claims or legal disputes arising from the contractual relationship is the registered office of Ballon Service Schmidle Gerhardt GmbH. Should individual parts of these terms and conditions be or become invalid, all other parts shall remain unaffected.

Insurance Conditions of Transport

Before takeoff, you will be asked to sign the passenger list on the balloon flight ticket.

There, you will sign the following text:

Conditions of transport 
Carriage on the basis of this title of transport is subject to the liability provisions stipulated in the Ordinance on Air Transport (OATr) of August 17, 2005 for domestic and international transportation that is applicable at the time of travel and, where applicable, to the Montreal Convention of May 28, 1999 and the EU Ordinance no. 785/2004 of April 21, 2004. These pieces of legislation govern the liability of air carriers for death or bodily injury of a passenger, for the loss or damage of baggage and for delay. Liability may be limited.

1. For losses up to 151 880 Special Drawing Rights (SDR) the liability may not be excluded or limited. Beyond this, the air carrier may exempt itself from liability under certain grounds for exoneration, defined by the legislation. For death or bodily injury, an advance payment is due for each passenger within 15 days from the date of identification of natural persons entitled to such compensation. In the event of death, at least 16,000 SDR are due.

2. Liability for destruction, loss, damage, or delay to baggage, is limited to 1519 SDR per passenger.

3. Liability for delayed travel is limited to 6303 SDR per passenger.

4. Benefits paid to persons entitled to compensation for damages from any passenger accident insurance policies the air carrier or aircraft owner may have taken out, and advance payments that the air carrier may be obligated to make under the applicable liability provisions must be credited in full against liability claims.

Jurisdiction agreement in respect of passengers / Applicable law 
Any claims against the carrier, the aircraft operator or owner, their respective shareholders, members, directors, agents or employees, or the successors of any of these persons of entities (the “protected parties”), for personal injury or death in connection with this carriage, however founded, shall be governed by the laws of Switzerland, without regard to its conflicts of laws provisions. Except for cases subject to the Montreal Convention (“MC”), any such claims shall be in the exclusive jurisdiction of the Swiss courts of the defendant’s or of the claimant’s domicile. Whenever the MC applies, Swiss law shall determine damages recoverable under article 17 MC.

The passenger hereby acknowledges that damages recoverable under Swiss law in case of personal injury or death may be lower than damages recoverable in some other juristictions under similar circumstances. Any of the protected parties may avail itself of this clause. The undersigned passenger acknowledges he/she has read, understood and approved the therms hereof, which shall be binding upon himself/herself and his/her successors.

Release declaration by the flight passenger versus the pilot of an aircraft 
The undersigned flight passenger hereby declares voluntarily that he/she waives any claims for damages or demands for satisfaction versus the named pilot in connection with the described flight. The flight passenger is aware of the implications of this release declaration.

Status: May 2025