General Terms and Conditions and Conditions of Carriage for Hot Air Balloon Passenger Flights

Last updated: 15 September 2025

1. Booking – Contract of Carriage

Upon issuance and acceptance of a balloon flight ticket or voucher, a contract for the performance of a balloon flight for one or more persons (“Balloon Flight Booking”) is concluded between the client and Air-Sky GmbH, hereinafter referred to as the “Air Carrier”. The client does not have to be identical with the person to be transported, hereinafter referred to as the “Passenger”.

An aviation law contract of carriage within the meaning of Sections 20, 44, 45 et seq. of the German Air Traffic Act (LuftVG) is concluded between Air-Sky GmbH and the Passenger upon agreement of the flight date.

Only persons with whom a contract of carriage has been concluded will be transported. The conclusion of the contract may be informal and may also be made verbally. By accepting the contract, the client, and by accepting the contract of carriage, the Passenger, acknowledge these General Terms and Conditions and Conditions of Carriage.

2. Period for Performance of the Flight

Air-Sky GmbH undertakes to carry out the flight within a reasonable period, generally within 12 months from the booking date, or to offer acceptable dates to the Passenger.

If this is not successful, regardless of the reason, Air-Sky GmbH will keep capacity available for a total period of three years from the booking date and will endeavor to agree on a flight date. The ticket/voucher and the paid fare shall expire if a flight date cannot be agreed upon and carried out within this three-year period. Retention of the fare compensates for the provision of capacity.

Air-Sky GmbH may also fulfill its obligation to perform the flight by commissioning another aviation company. The Passenger shall be informed accordingly.

3. Duration of the Balloon Flight

The duration of the balloon flight depends on weather conditions and landing possibilities. A standard flight duration of 60–75 minutes is intended. If this duration is reduced by more than 25%, the Passenger may demand a proportional refund of the fare, measured against the standard flight duration, or a new flight date. The stated flight times may also be exceeded.

4. Payment – Prices – Excess Weight

Tickets or vouchers must be paid for in advance or immediately upon receipt and are only valid after payment. The prices published on the aeroballonsport.de website apply.

If the Passenger has a body weight exceeding 120 kg, this must be communicated at the time of booking, at the latest when arranging the flight date. In such cases, a surcharge of up to 100% may be charged.

5. Price Adjustment for Vouchers

The prices for our balloon flights are based on the costs applicable at the time of voucher purchase, in particular for personnel, fuel, insurance, and regulatory requirements. As these costs may fluctuate, Air-Sky GmbH reserves the right to adjust the price of the service included in the voucher if a period of more than 12 months elapses between the purchase of the voucher and its redemption. Statutory consumer rights remain unaffected.

6. Cancellation – Refund

The balloon flight booking may only be cancelled in writing by the client, not by the Passenger. In this case, the ticket or voucher must be returned and the fare will be refunded less a cancellation fee of 15%. This does not apply to bookings made through a professional intermediary (online portal). In such cases, the flight may only be cancelled by the Passenger by providing us with the voucher or voucher code purchased from the intermediary for settlement purposes. In the event of cancellation, 55% of our fare will be refunded.

For fare refunds pursuant to Sections 3 and 10 of these Terms, 70% of our fare shall be used as the basis.

7. Transfer of Tickets – Expiry After Flight

Tickets and vouchers are transferable without the consent of Air-Sky GmbH, provided they are not free promotional vouchers issued by Air-Sky GmbH. The new ticket/voucher holder must notify us of the transfer immediately (address, telephone number, age, and weight of the new Passenger).

Upon completion of the flight, tickets/vouchers lose their validity, even if they are not invalidated or collected.

8. Fixed-Date Bookings

If the booking is made for a fixed date, the fare is due upon commencement of the flight. The booking expires without formal cancellation if the flight cannot be carried out. Advance payments and reimbursement of costs in the event of non-performance may be agreed in advance. Conversion to a booking without a fixed date is possible.

9. Scheduling of Flight Dates

The arrangement of flight dates is the responsibility of both Air-Sky GmbH and the Passenger. Scheduling is carried out via the website. Air-Sky GmbH will initially propose dates.

If more than three reasonable dates are unsuccessfully proposed and/or the Passenger cannot be reached by telephone or only rarely, the responsibility for arranging a flight date lies with the Passenger, although Air-Sky GmbH may continue to propose dates.

Agreed dates may be cancelled by Air-Sky GmbH for organizational reasons up to 6 hours before the scheduled time, or for weather reasons up to immediately before takeoff. Passengers may cancel an agreed date without stating reasons until 9:00 p.m. on the day before the flight.

In the event of later cancellation, the ticket/voucher shall expire unless the seat can be reassigned.

10. Physical Fitness

The Passenger undertakes to inform Air-Sky GmbH or the pilot of any health complaints or physical or mental impairments that could affect the flight, in particular the landing, when arranging the date, at the latest before the flight commences.

Air-Sky GmbH and the pilot are entitled to refuse carriage if there are justified concerns, even if physical impairments were not disclosed but only observed.

There is no obligation to transport pregnant women, children under the age of 10, or persons shorter than 1.20 m; however, carriage may be agreed.

For persons over 80 years of age, the physical demands of the flight must be discussed personally with Air-Sky GmbH or the pilot prior to the flight. A ticket-holding accompanying person must be named. Air-Sky GmbH does not provide senior or childcare services.

11. Body Weight

The Passenger is obliged to state their body weight no later than when arranging the flight date. At high air temperatures, there may still be a risk of overloading. In such cases, takeoff will be cancelled on site for weather-related reasons.

If overloading occurs because a Passenger did not disclose or incorrectly disclosed their body weight, their carriage may be refused. A replacement date must be arranged with that Passenger.

12. Refusal of Carriage

Persons who are intoxicated or under the influence of other intoxicating substances will not be transported. This also applies to persons who refuse to follow the instructions of the responsible pilot.

In such cases, Air-Sky GmbH is released from its contractual obligations and there is no entitlement to a refund of the fare.

13. Authority of the Pilot

During takeoff, the flight, landing, and the assembly and disassembly of the balloon, the responsible pilot and crew members are authorized to take and order all measures suitable to maintain safety and order. All persons involved must comply with the necessary instructions.

The pilot decides on the launch site, launch time, flight altitude, flight duration, and landing site.

14. Passenger Assistance

Passengers shall assist, to a reasonable extent and according to their physical capabilities, with the work necessary for assembling and disassembling the balloon and for its recovery after landing. Instructions will be given by the pilot.

15. Clothing – Carrying of Items

Passengers must wear suitable clothing covering the entire body, in particular sturdy, flat, outdoor-appropriate footwear. Larger items (cameras, binoculars) may only be taken on board with the pilot’s consent and only in suitable containers. They must be securely stowed before landing.

16. Prohibitions

From the beginning of assembly until the end of disassembly, smoking and alcohol consumption are prohibited for all persons involved. Animals, weapons, hazardous substances, and radio equipment may not be taken on board. Dropping objects is prohibited. Photography on board is prohibited during takeoff and landing phases.

17. Liability – Compensation – Insurance

The liability of the Air Carrier arising from the contract of carriage is governed by Sections 44 et seq. of the German Air Traffic Act (LuftVG). Accordingly, there is an obligation to compensate for all personal injuries suffered by the Passenger when boarding or disembarking or during the flight.

Liability for personal injury exceeding 113,100 SDR per person pursuant to Section 45 LuftVG shall only apply if the Air Carrier or its personnel caused the damage through unlawful and culpable action or omission, or if the damage was not caused exclusively by a third party in the same manner.

Liability for delayed passenger carriage pursuant to Section 46 LuftVG is excluded due to the specific nature of balloon flights.

For items carried or worn by the Passenger, the Air Carrier shall only be liable pursuant to Section 47 LuftVG if the damage was caused culpably, and even then only up to an amount of 1,131 SDR per Passenger. SDR refers to the value of a Special Drawing Right of the International Monetary Fund in euros.

The liability insurance of the aviation company is maintained at least at the level of the statutory minimum coverage.

18. Grossly Negligent Ignorance of a Physical or Mental Condition

In the event of grossly negligent ignorance of an illness or disability, no liability shall be assumed for any resulting damages.

19. Return Transport from the Landing Site

Unless otherwise agreed, return transport from the landing site to the original meeting point is provided using vehicles of Air-Sky GmbH on a voluntary basis and without any liability.

20. Cooperation of the Injured Party

Damages and claims for compensation must be reported to the Air Carrier without delay. The injured party is obliged, insofar as reasonable, to do everything possible to reduce or eliminate the damage. If contributory negligence on the part of the injured party was involved in the occurrence of the damage, Section 254 of the German Civil Code (BGB) shall apply.

21. Final Clause

Amendments to the conditions of carriage must be made in writing. In disputes arising from the contract of carriage, the jurisdiction provisions of the German Air Traffic Act apply. In all other cases, the place of jurisdiction shall be the registered office of Air-Sky GmbH, unless mandatory statutory provisions provide otherwise.

Provider:
Air-Sky GmbH
Flugplatz Oerlinghausen
Stukenbrocker Weg 43
33813 Oerlinghausen
Germany

Registered aviation company: DE.NW.BOP.236
Phone: +49 5202 99 55 200
Email: info@aeroballonsport.de

Aeroballonsport – Fly with us.