General business and transport terms and conditions
General transport conditions
Daniel Kofler–Gleitschirm-Tandemflug.com organises and pilots tandem paraglider flights. The company uses only self-employed, experienced, state-licensed tandem pilots who are themselves the entrepreneurs responsible for the execution of the flights and are, as such, the contractual partners of the tandem passengers. Each tandem pilot who carries out a flight is the legally responsible contractual partner.
The liability, responsibility and all services performed are the sole responsibility of the state-tested, licensed pilots who have been booked by Gleitschirm-Tandemflug.com.
The transportation of persons in tandem paragliders and all other services performed by Gleitschirm-Tandemflug.com are subject to Austrian law, especially the air traffic regulations as well as the following conditions.
Before the start of the flight, the TandemTandem passenger (in the case of a child, a legal guardian or an adult escort) must carefully read the transportation contract and confirm his agreement with his signature. Immediately before take-off, the TandemTandempassenger will receive instructions from the pilot about the take-off procedure. If the TandemTandem passenger does not understand the instructions or is unable, for some other reason, to follow the instructions, he must inform the pilot immediately.
Booking and payment
The TandemTandem passenger declares hereby that his participation in a paragliding tandem flight is only because of his personal interest. The expenses for the travel to the airport shall be borne by the TandemTandem passenger. The cost of the mountain lift and similar items are not included in the flight fee. All other travel expenses that arise from weather conditions are, likewise, not included in the price. If the passenger is not present at the agreed-upon departure time for the flight, the entire fee for the flight must be paid by him.
The execution and course of the flight will be determined by the pilot. The pilot is also always responsible for the successful completion of the flight.
Please note that, even in the case of an agreed-upon flight time, the passenger has no right to demand the completion of the tandem flight if the weather conditions in the flight area will not allow this to be done safely. In the case of delay of take-off, there will be no right to claim damages, refunds, or the reimbursement of any other costs. The passenger, however, does retain a claim to reimbursement for the price of the flight.
Cancellations on account of weather conditions do not require an objective justification– the subjective impression of the responsible pilot is sufficient.
The flight duration is always dependant on weather conditions and the desired style or type of flight. Because of that, it is not possible to guarantee a standardised flight time. The flight route, the landing place and the flight time may be changed at any time on account of safety or operational considerations. The TandemTandem passenger does not have any claim for compensation of any kind as a result of such changes.
Risk instruction and flying capability of them TandemTandem passenger
In spite of all appropriate precautions, accidents can occur in paragliding. Our highest goal is to minimise this risk as much as possible. The passenger must immediately follow the instructions of the pilot at all times. The passenger will receive a theoretical introduction before take-off. If these instructions are not followed during the take-off, flight, and landing, the safety of the pilot and passenger can be endangered.
The pilot can also refuse to allow the passenger to participate in flight operations if the passenger ignores his instructions. If the passenger acts in contravention of these requirements, he no longer has any claim on completion of the tandem flight, and any claim for refund of the flight fees is thereby void. In the case of personal injury caused by not following instructions, the passenger bears the liability. For intentional or grossly negligent damage to the pilot’s equipment or the property of a third party, the liability will be borne by the passenger.
The passenger declares herewith explicityly that he is physically and mentally healthy and confirms that he considers himself to be capable of handling the stresses of the flight. If there is any uncertainty about the passenger’s flight capability, the passenger must, without fail, notify the tandem pilot before the flight.
The pilot must be informed before the flight in the case of:
- Limitations on the passenger’s ability to move freely.
- Unhealthy conditions of the heart, back or blood pressure
- Susceptibility to seasickness
- Spiritual or mental defects/malfunctions (drug addiction, consciousness impairments or similar conditions) within the last 12 months
- Alcohol consumption and use of strong medications within the last 12 hours
- In the case of uncertainty about the passenger’s fitness for flight, Gleitschirm-Tandemflug.com is obliged to inform the tandem passenger about all necessary requirements.
The tandem passenger is obliged to be dressed for the paraglider tandem flight in suitable clothing (weather- and wind resistent, can get dirty), ankel-high, solid hiking boots, gloves and sunglasses.
The pilots of Gleitschirm-Tandemflug.com will provide tandem flight helmets and flying equipment.
To satisfy all claims of passengers according to the liability regulations of the Austrian Air Traffic law, Gleitschirm-Tandemflug.com has taken out an insurance policy with “AIR&MORE Versicherungsagentur für Flugsport”. Gleitschirm-Tandemflug.com disclaims all liability for claims that are greater than the legally specified coverage amounts.
Articles brought along on tandem flights (specifically money, cellphones, cameras, glasses and other valuable items) must be secured/stored appropriately. Gleitschirm-Tandemflug.com assumes no liability if such items are lost or damaged.
The tandem pilots of Gleitschirm-Tandemflug.com cannot be held responsible for damages or accidents that occur on the way to and from the take-off site and agreed-upon meeting places.
Exclusion from or limitation of liability apply, accordingly, for employees, self-employed tandem pilots and representatives of Gleitschirm-Tandemflug.com
A damage compensation obligation for pilots of Gleitschirm-Tandemflug.com only exists insofar as damages are caused by grossly negligent or intentional actions/omissions on the part of the tandem pilot. The liability of the carrier is limited to the objects accompanying the passenger up to the maximum amount covered by the contracted insurance policy. Claims that exceed this amount will only be valid in the case of intent or gross negligence.
Right to use of photo and video material
The passenger agrees that all photos and video recordings made during the tandem flight can be used by Gleitschirm-Tandemflug.com without limitations. The copyright for such material belongs to Gleitschirm-Tandemflug.com
Gift certificate-terms of payment and validity
By ordering a tandem flight gift certificate, the buyer undertakes a binding obligation to pay the price of purchase. The price must be paid within seven days after receiving the gift certificate without deductions of any kind. When booking a tandem flight without a gift certificate, the flight price must be paid in cash immediately after completion of the flight.
Gift certificates expire two years after the date of issue. Special arrangements can be agreed upon in individual cases. Passengers will bring the gift certificates/tickets with them on the day of the flight and turn them over to the pilot.
Cancellation rights and costs
According to the KSchG (Austrian customer protection law), claims for refunds of the purchase price can be made within 14 days after receiving the gift certificate without stating a reason. Therefor, please return the gift certificate within this time period.
The flight guest can, at any time, cancel an agreed upon event date by email to firstname.lastname@example.org . Cancellation is free of charge up until 3 days before the scheduled date. Cancellations between 2 days and 24 hours before the scheduled date are charged for 50% of the purchase price. Gift certificates and tickets are invalid after a cancellation and become valid again after receipt of the cancellation payment/ The remaining purchase price will not be refunded under any circumstances. That applies also to gift certificates or tickets from resellers/distribution partners. For cancellations within 24 hours, the cancellation fee will be 100%.
If parts of this Terms and Conditions of Business for Gleitschirm-Tandemflug.com are invalid, this will not affect the validity of the remaining provisions of the T&C. An invalid provision will be replaced by the provision that comes closest to the content and intent of the original provision.
By paying the invoice amount, by orally agreeing to a transportation order or by buying a flight ticket, the TandemTandem passenger has entered into an air carrier contract with the relevant tandem pilot of Gleitschirm-Tandemflug.com. This contract is subject to Austrian law. The court of jurisdiction and place of fulfillment of all obligations is Lienz in East Tyrol.