Terms of Service

As of May 2014

General

1. FlyTandem GmbH & Co KG, hereinafter called FlyTandem, organizes tandem paragliding flights and is also the organizer of the flights. Some of the flights are taken over by independent tandem pilots, in this case these tandem pilots are the organizers of the service and contractual partners of the passenger (passenger). The operator on the flight ticket, which must be completed before the tandem flight, is considered the organizer and contract partner. The flight ticket is also the invoice for the service.

2. FlyTandem is liable for the selection of a suitable and safety-conscious tandem pilot, but not for the performance (tandem flight) itself.

3. The transport of people in a tandem paraglider and all other services provided by FlyTandem are subject to Austrian law, in particular the provisions of aviation law, as well as the following conditions.

4. Before starting the flight, the passenger (in the case of children, a legal guardian or an adult accompanying person) must carefully read the contract of carriage and confirm it with his or her signature. Immediately before take-off, the passenger is instructed in the take-off procedures by the pilot. If the passenger does not understand this instruction or cannot follow it for any reason, he must inform the pilot immediately.

 

Insurance and Limitations of Liability

5. In favor of the tandem passenger and the items carried with him, a legally prescribed liability insurance has been taken out.

6. FlyTandem or the tandem pilot are only liable to pay compensation if the damage was caused intentionally or through gross negligence by an act or omission on the part of FlyTandem, or its people or persons it uses to fulfill the contract of carriage. In any case, liability does not exist if the carrier and his staff have taken all necessary measures to prevent the damage or if these measures could not be taken. The carrier's liability for the tandem passenger's items transported is limited to the amount of the insurance taken out for them. Any further claims can only be asserted in the event of willful intent or gross negligence.

7. The passenger is responsible for the shock-proof packaging of photo and film equipment and other valuables. The objects must be fastened in such a way that they cannot be lost during the flight. Pointed, sharp or glass objects, weapons, pressurized containers, explosives, detonators and pyrotechnic flares may not be taken on the flight.

8. FlyTandem is not liable for damage that occurs on the way to and from the landing site.

9. Exclusion or limitation of liability also apply mutatis mutandis in favor of the employees, independent tandem pilots and authorized representatives of FlyTandem.



Obligation to report health impairments

10. The passenger is obliged to inform FlyTandem and the tandem pilot if there is an increased risk for him due to his state of health or if he has restrictions in his movements as a result, which could lead to an increased risk of injury during take-off and landing.

11. In any case, the following must be reported:
- serious accidents within the last 12 months.
- Limitations in the musculoskeletal system.
- Serious diseases of the heart, spine, intervertebral discs, as well as high blood pressure, organ diseases or the like. It is serious as soon as one has been or is under medical treatment.
- has suffered from or is still suffering from mental or psychological defects (drug addiction, impaired consciousness or similar) within the last 12 months.
- has consumed alcohol within the last 12 hours.

12. If you are unclear about your fitness to fly, you are obliged to contact FlyTandem to find out about your fitness to fly.



equipment

13. The passenger undertakes to wear appropriate clothing (weatherproof and windproof, suitable for soiling), if possible sturdy shoes (reaching over the ankles) and gloves. FlyTandem undertakes to provide a helmet and flight equipment.



Dates and implementation

14. FlyTandem offers tandem flights all year round. Restrictions to this result from the weather and in the individual flight areas due to the operating times of the mountain railways. An online calendar is available at www.flytandem.at for appointment reservations. Further dates can be requested in a form on the homepage. Appointments can also be made by phone or email. FlyTandem is also happy to help you choose the flight area and time.

15. We expressly point out that, despite fixed dates, there is no entitlement to the implementation of the tandem flights, if this is the casethe weather conditions in the flight area do not permit. If the date is postponed or canceled at short notice, there is no claim to compensation, reimbursement or reimbursement of other expenses incurred. The right to catch up on the flight remains, however. FlyTandem tries very hard to give timely information about the feasibility of the flight.

16. Cancellations due to weather conditions do not require objective evidence, the subjective impression of the pilot responsible is sufficient.

17. The flight duration depends on various weather conditions, which means that no uniform flight time can be guaranteed.

18. The passenger is obliged to follow the instructions of the pilot during take-off and landing as well as during the flight.



Terms of payment / validity of the FlyTandem voucher

19. By placing an order, the customer of a voucher undertakes to pay the purchase price within 7 days without deduction after receipt of the voucher. When booking a tandem flight without a voucher, the flight price is payable in cash immediately after the flight has taken place.

20. Vouchers expire 36 months after the date of issue. Special regulations are possible in individual cases by arrangement. The voucher / tickets must be brought with you on the day of the flight and given to the pilot



Vouchers from sales partners

21. FlyTandem redeems vouchers from selected sales partners. The passenger is responsible for ensuring that the voucher is valid. In the event of an invalid voucher, FlyTandem is entitled to claim the flight price from the passenger.




Right of withdrawal

22. Claims for repayment of the purchase price exist according to the KSchG within 14 days after receipt of the voucher without giving reasons. It is sufficient to return the voucher within this period.

Sample form.pdf (92 KB)


Cancellation costs

23. The passenger can withdraw from the agreed event date at any time by sending an email to info@flytandem.at. Cancellations up to 4 days before the booked appointment are free of charge, from 3 days to 24 hours before cancellation costs of 50% will be charged. Vouchers and tickets become invalid when canceled and become valid again after receipt of the cancellation payment. A refund of the remaining purchase price is excluded. This also applies to vouchers and tickets from sales partners. For withdrawals within 24 hours, the cancellation costs are 100%. Vouchers and tickets are billed as "no show".



Right to use image and film material

24. The passenger expressly consents to the use of photos and film recordings made by FlyTandem or its pilots during or during the flight for advertising purposes, etc.



Risk instruction

25. We point out that when paragliding, even with the greatest care and optimal flight, accidents with significant consequences of injury (e.g. sprains, broken bones, cervical spine contusions, spinal column injuries, concussions, in extreme cases death, ...) cannot be ruled out. There is an increased risk during take-off and landing due to incorrect landing, occurrence or falls.



Final provisions

26. Austrian law applies exclusively to all disputes arising from this contract of carriage. The exclusive place of jurisdiction is the district or regional court responsible for 5101 Bergheim.

27. Should individual provisions of the General Terms and Conditions be ineffective, the effectiveness of all other points remains unaffected. In their place, an appropriate regulation should come into effect, which corresponds most closely to the ineffective provisions.