GTC

FlyTandem - General terms and conditions

 May 2014

General position

1. Wolfgang Wimmer - Fly Tandem, hereinafter named "Fly Tandem", is the organizer of paraglider tandem flights which he partly also carries through personally. Part of these flights are also carried through by independent tandem pilots in which case such tandem pilots act as responsible partners under contract of their respective customers (passengers). The organizer or company mentioned on the respective ticket - to be issued prior to the tandem flight - is also the organizer and contract partner for such flight. The flight ticket is at the same time also the invoice for the services rendered.

2. In case the tandem pilot who issues the flight ticket is not Wolfgang Wimmer - Fly Tandem, "Fly Tandem" will be responsible for the choice of a suitable and safety conscientious  tandem pilot but will not be liable for the performance of the tandem flights as such.

3. The transportation of persons via tandem paraglider and all other services provided by "Fly Tandem" are subject to Austrian law, specifically to the regulations governing aviation as well as to the conditions stated hereafter.

4. Prior to the flight, the passenger (in the case of children an authorized caregiver or an adult accompanying the child) is expected to carefully read the contract of transportation and to confirm the same with his or her signature. Immediately prior to the start of the flight, the passenger will be instructed by the pilot as to the start procedures. Should the passenger be unable to understand, or, for any reasons, not be capable of following these instructions, he or she must inform the pilot immediately.


Restrictions on insurance and liability

5. For the benefit of the tandem passenger and his belongings transported during the flight, a liability insurance is to be taken out.

6. "Fly Tandem" or the tandem pilot are only liable for compensation in the case of damage caused by a willful misconduct or gross negligence on the part of "Fly Tandem" , their employees or persons in charge of  complying with the contract of transportation. On the other hand, there exists no case of liability if all the necessary measures to prevent such damages have been met by the organizer and his subordinates or in the case where it was not reasonably possible to take such measures. The liability of the flight organizer for the tandem passenger´s belongings transported during the flight is restricted to the extent of the insurance carried for this purpose. Any claim exceeding such amount can only be met in the case of willful misconduct or gross negligence.

7. The shock-proof packaging of photo and film material or other objects of value transported during the flight remains entirely in the responsibility of the tandem passenger. Such objects are to be fastened in a safe way to avoid loss during the flight. During the flight it is prohibited to bring along any sharp or glass objects, weapons, containers under pressure, explosives, inflammable matter or pyrotechnical flares.

8. "Fly Tandem" is not liable for any damages incurred on the way to the start point of the flight nor from the point of landing.

9. Exemption or limitation of liability also applies for the above-mentioned conditions in the case of employees, independent tandem pilots and authorized representatives of "Fly Tandem".


Obligation to notify any health problems and limitations

10. The passenger must notify "Fly Tandem" and the tandem pilot, if there is any increased risk due to a certain health condition or a case of limited mobility due to such a condition which could lead to an increased risk of injury during start and landing.

11. Obligatory notification in the case of: - serious accidents within the last 12 months. - cases of impairment as to physical mobility. - serious heart problems, problems of the spine, slipped disc, high blood pressure and any organic ailment or the like. A serious condition is considered one that requires or required medical treatment. - any psychological problems (drug abuse, loss of conscience or similar problems) which occurred within the last 12 months. - any intake of alcohol within the last 12 hours.

12. Should there be any doubts as to his or her fitness to fly, "Fly Tandem" must be consulted in order to establish whether the passenger is considered fit to fly or not.

Equipment

13. The passenger is responsible to dress adequately for the flight (weather and windproof clothing that can withstand getting dirty), sturdy footwear (protecting the ankles) is recommended as well as gloves. "Fly Tandem" is responsible for supplying helmet and flight equipment.

Flight management and timing

14. "Fly Tandem" offers flights throughout the year. There are certain restrictions due to weather conditions and in certain flight regions due to the operating schedules of cable cars etc. For the reservation of flights an on-line calendar is available under www.flytandem.at  Further possible dates for flights can be requested via a specific form listed on the homepage of "Fly Tandem". Similarly, reservation dates can be agreed upon via telephone or e-mail. "Fly Tandem" will gladly assist in the choice of flight region and most suitable hour of the day for such flight.

15. We expressly point out that there exists no claim to carry out a tandem flight if the weather situation within the flight region does not permit it, despite the fact that fixed dates have previously been agreed upon. In the case of changes in the flight schedules or short-term cancellations, there are no claims possible for damages, re-imbursements or compensation for other expenses incurred. However, there always remains the claim for a postponed flight. "Fly Tandem" always makes an effort to communicate in due course whether or not a flight can take place.

16. Cancellations due to weather conditions do not require any objective proof but depend entirely on the subjective judgement of the pilot in charge.

17. The duration of the flight depends on the different weather influences which consequently do not allow to guarantee the precise duration of the flight.

18. The passenger must follow the instructions of the pilot at the start and landing as well as throughout the flight.

Terms of payment / validity of vouchers

19. The person ordering a flight voucher, with such order, is responsible for the payment of the purchase price without any discount within 7 days after receipt of the voucher. In the case of a reservation of a tandem flight without a voucher, the price of the flight is to be paid in cash immediately after completion of the flight.

20. Vouchers can only be redeemed within 36 months of the date of issue. Special arrangements in individual cases are possible after express agreement. On the day of the flight, the vouchers/tickets must be handed over to the pilot.


There remains the right of revocation

21. According to the Austrian Consumer Protection Act (KSchG), any claims for re-imbursement of the purchase price will be accepted within 14 days after receipt of the voucher without any questions asked as to reasons for the cancellation. It is sufficient to return such vouchers within this time limit.

Cancellation fees

22. The passenger can any time change the date of flight formerly agreed upon but has to notify "Fly Tandem" via e-mail info(kwfat)flytandem(kwfdot)at prior to such date. Cancellations prior to 4 days of the agreed date are possible and free of charge, however, after 3 days until 24 hours prior to the agreed date, cancellation fees of 50 % (of purchase price) are being charged. Vouchers and tickets become invalid with such a cancellation but will again obtain validity upon payment of the cancellation fee. Re-imbursement of the remaining purchase price, however, will not be possible. This also applies for vouchers and tickets issued by the partners of "Fly Tandem". For cancellations within 24 hours the cancellation fee is 100 %. Vouchers and tickets in such case are treated as "no show".


Right of possible use of photo and film material

23. The passenger expressly agrees to the right of  "Fly Tandem" to use photo and film material taken during the flight by "Fly Tandem" or its pilots for their advertising purposes or the like.

Instruction relating to risks

24. We have to stress that in the course of paragliding - even with the utmost care and optimal course of flight - accidents with serious injuries cannot be completely avoided (such as sprains, broken bones, sprains to the cervical vertebras, damage to the spine, concussion, and in the extreme case even death…) There exists a high risk of injury during start and landing due to faulty take off, touch down or falls.


Conclusive terms

25. For all litigation arising from this contract of transportation, Austrian law will apply exclusively. The exclusive place of jurisdiction lies with the Bezirksgericht or Landesgericht (regional court) competent for 5142 Eggelsberg.

26. Should some of the general terms and conditions not be applicable, this would not affect the validity of all the remaining points. They would be replaced by an adequate solution which would come closest to the terms and conditions not applicable.



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