Terms and Conditions

Effective Date: September 12, 2023

Introduction

Welcome to Ava Easy Fly (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website www.avaeasyfly.com and the services we offer, including hot air balloon rides and related activities (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.

For any questions or concerns, please contact us at:

• Address: 2049 Coit Rd #300, Plano, TX 75075
• Phone: +1 (972) 758-9588
• Email: [email protected]
• Company: Sunshine Travel LLC

Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a minor aged 7 and above, you agree to supervise and be responsible for their actions.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on our website. We encourage you to review these Terms periodically. Your continued use of the Services after any changes constitutes acceptance of those changes.

Our Services

Hot Air Balloon Rides

We offer various hot air balloon experiences, including but not limited to:

• Romantic & Private Rides
• Family & Group Rides
• Corporate & Special Event Rides
• Shared Rides

Booking and Availability

All bookings are subject to availability and weather conditions. We reserve the right to reschedule or cancel flights for safety reasons.

Booking and Payment

Reservation Process

• Online Booking: Reservations can be made through our website using our secure booking system.
• Payment: Full payment is required at the time of booking to secure your reservation.

Pricing

All prices are listed in U.S. dollars and are subject to change without notice. Prices include applicable taxes unless stated otherwise.

Cancellation and Refund Policy

Customer Cancellations

• More than 72 Hours Notice: Full refund or reschedule without penalty.
• Less than 72 Hours Notice: No refund, but rescheduling may be available at our discretion.

Company Cancellations

If we cancel a flight due to weather conditions or other unforeseen circumstances:

• Rescheduling: We will offer to reschedule your flight at no additional cost.
• Refunds: If rescheduling is not possible, a full refund will be provided.

User Responsibilities

Accurate Information

You agree to provide accurate and complete information during the booking process and to update such information as necessary.

Compliance with Policies

• Safety Instructions: You must follow all safety instructions provided by our staff and pilots.
• Conduct: Any disruptive or unsafe behavior may result in the termination of your flight without a refund.

Health and Medical Conditions

• Fitness to Fly: You represent that you are physically fit to participate in hot air balloon activities.
• Medical Conditions: You must inform us of any medical conditions that may affect your ability to safely participate.

Safety Policy

Weather Conditions

All flights are weather-dependent. Decisions regarding flight safety are at the sole discretion of the pilot.

Age and Weight Restrictions

• Minimum Age: Passengers must be at least 7 years old.
• Weight Limitations: Weight restrictions may apply; please contact us for details.

Prohibited Items

Weapons, hazardous materials, and illegal substances are strictly prohibited.

Intellectual Property Rights

Ownership

All content on our website, including text, graphics, logos, and images, is the property of Ava Easy Fly or our content suppliers and is protected by U.S. and international copyright laws.

Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes.

Restrictions

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Limitation of Liability

To the fullest extent permitted by law:

• No Liability for Indirect Damages: We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services.
• Maximum Liability: Our total liability to you for all claims arising from or related to the Services shall not exceed the amounts you have paid to us in the past twelve (12) months.

Indemnification

You agree to indemnify and hold harmless Ava Easy Fly, Sunshine Travel LLC, and their employees, agents, and affiliates from any claims, damages, losses, or expenses arising out of your use of the Services or breach of these Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, for the resolution of any disputes.

Dispute Resolution

Arbitration

Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit or class-wide arbitration.

Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, or governmental regulations.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Ava Easy Fly concerning the Services and supersede all prior agreements.

Contact Information

For any questions about these Terms, please contact us:

• Address: 2049 Coit Rd #300, Plano, TX 75075
• Phone: +1 (972) 758-9588
• Email: [email protected]
• Company: Sunshine Travel LLC