General Terms and Conditions of Business and Carriage Tandem Paragliding
Managers: Manuel/Daniel Hacksteiner
Phone: +43 677 62010313
e-mail: t andem.paragliding@gmx.at
General
1. Manuel/Daniel Hacksteiner – Tandem Paragliding, organizes and hosts tandem paragliding flights. Some of the flights are taken over by self-employed tandem pilots, in this case these tandem pilots are the organizers of the service and contractual partners of the air passenger (passenger). The contractor on the flight ticket (contract of carriage), which must be completed before the tandem flight, is deemed to be the organizer and contractual partner.
2. If the flight is not operated by Manuel/Daniel Hacksteiner Tandem Paragliding, the entrepreneur (pilot) named on the ticket is liable. Tandem Paragliding itself is liable for the selection of a suitable pilot, but not for the performance (tandem flight) itself.
3. The carriage of persons with the tandem paraglider by Tandem Paragliding is subject to Austrian law, in particular the provisions of aviation law.
4. Before boarding the flight, the passenger (in the case of children, a legal guardian or an accompanying adult) must read the contract of carriage and confirm it with his signature. Before take-off, each passenger receives a briefing. If the passenger does not understand this instruction or cannot follow it for any reason, he must inform the pilot.
5. The passenger is obliged to inform Tandem Paragliding and the tandem pilot if there is an increased risk of injury during take-off and landing due to their state of health.
The following must be reported: restrictions in the musculoskeletal system, serious diseases of the heart, spine, high blood pressure, organ diseases or similar, mental or psychological defects, drug or alcohol abuse.
6. If there is any uncertainty about his fitness to fly, there is an obligation to contact Tandem Paragliding to find out about his fitness.
Insurance and Limitations of Liability
7. Statutory liability insurance has been taken out for the benefit of the tandem passenger and the objects transported with him.
8. Tandem Paragliding or the tandem pilot is only obliged to compensate if the damage was caused intentionally or through gross negligence by an act or omission of Tandem Paragliding or its persons, whom it uses to fulfill the contract of carriage. In any case, there is no liability if the carrier and his persons have taken all necessary measures to prevent damage or if these measures could not be taken. The liability of the carrier for the items carried by the tandem passenger is limited to the amount of the insurance taken out for them. Claims going beyond this can only be asserted in the event of intent or gross negligence.
9. Passengers are responsible for their own valuables. The items are to be secured in such a way that loss during the flight can be ruled out. Pointed, sharp or glass objects, weapons, pressurized containers, explosives and detonators as well as pyrotechnic flares may not be taken on the flight.
10. Tandem Paragliding is not liable for damage that occurs on the way to the launch site and from the landing site.
11. Exclusion or limitation of liability also apply in favor of employees, self-employed tandem pilots and authorized persons of Tandem Paragliding.
gear
12. The passenger undertakes to wear clothing appropriate to the weather (weatherproof and windproof, suitable for dirt), sturdy shoes and gloves. Tandem Paragliding undertakes to provide helmet and flight equipment.
Dates and execution
13. Tandem Paragliding offers tandem flights all year round. Restrictions result from the weather and the operating times of the mountain railways. Appointments can be made by phone or email.
14. We would like to point out that, despite fixed dates, there is no right to carry out the tandem flights if the weather conditions in the flight area do not permit this. In the event of a postponement or short-term failure, there is no right to compensation, reimbursement or reimbursement of other expenses incurred. However, the right to catch up the flight remains. Tandem Paragliding endeavors to provide timely information about the feasibility of the flight.
15. Weather-related cancellations do not require any objective evidence, the subjective impression of the responsible pilot is sufficient.
16. The duration of the flight depends on various weather conditions, which means that no uniform flight time can be guaranteed.
17. The passenger is obliged to follow the instructions of the pilot during take-off and landing as well as during the flight.
Prices
18. The prices stated on the product pages are tax-free according to Paragraph (§ 6 Abs. 1 Z 27 UStG) small business area.
Terms of payment, default, validity of vouchers
19. By placing the order, the person ordering a voucher undertakes to pay the purchase price without deduction within 7 days of receipt of the voucher.
20. Vouchers expire 24 months after the date of issue. Special regulations are possible by arrangement in individual cases. The vouchers / tickets must be brought with you on the day of the flight and handed over to the pilot.
21. Payment can be made either: in cash on site, by invoice or credit card
on your usual terms.
When paying by invoice: Within 7 working days after receipt of the goods without deduction. You may have to bear any costs that may arise as a result of the transfer.
22. If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the delay has occurred, unless a lower or higher damage can be proven in the individual case.
right of withdrawal
23. Claims for repayment of the purchase price exist according to the KSchG within 14 calendar days after ordering without giving reasons. It is sufficient to return the voucher within this period.
The right of withdrawal exists in principle, but does not apply if (§ 18 Para. 1 Z 1 and Z 11 FAGG) the service has been provided in full if the service was started at the express request of the consumer before the end of the withdrawal period. In addition, the consumer must confirm that he is aware of the loss of the right of withdrawal at the moment of full performance.
cancellation costs
24. The passenger can withdraw from the agreed event date at any time by sending an email to tandem.paragliding@gmx.at. Cancellations up to 4 days before the booked date are possible free of charge, from 3 days to 24 hours before cancellation costs of 50% will be charged. Vouchers and tickets become invalid with a cancellation and become valid again after receipt of the cancellation payment. A refund of the remaining purchase price is excluded. This also applies to vouchers or tickets from sales partners. For cancellations within 24 hours, the cancellation fee is 100%. Vouchers and tickets are billed as "no show".
Right of use of image and film material
25. The passenger expressly agrees to the use of the photos and film recordings made by Tandem Paragliding or its pilots during the flight for advertising purposes etc.
Risk Advice
26. We would like to point out that accidents with serious injuries (e.g. sprains, broken bones, contusion of the cervical spine, spinal injuries, concussions, in extreme cases death,...) cannot be ruled out when paragliding, even with the utmost care and an optimal course of the flight. There is an increased risk during take-off and landing due to improper landing, treading or falling.
Final Provisions
27. Austrian law applies exclusively to all disputes arising from this contract of carriage.
28. Should individual provisions of the AGB/BB be ineffective, the effectiveness of all other points remains unaffected.
They should be replaced by an appropriate provision that most closely corresponds to the ineffective provisions.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.