General Terms and Conditions and Conditions of Carriage
by Karin Limbach – Tandemflug Salzkammergut
1. Karin Limbach – Tandemflug Salzkammergut, hereinafter KL organizes paragliding tandem 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 organizer of the service and contractual partner of the passenger (passenger). The operator on the flight ticket, which must be completed before the tandem flight, is considered the organizer and contractual partner. The flight ticket is also the invoice for the service.
2. If the tandem pilot who issues the flight ticket differs from Karin Limbach, KL is liable for the selection of a suitable and safety-conscious tandem pilot, but not for the service (tandem flight) itself.
3. The transport of people in a tandem paraglider and all other services provided by KL 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 briefed on the take-off procedures by the pilot. If the passenger does not understand this instruction or is unable to 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. KL or the tandem pilot are only obliged to pay compensation if the damage was caused intentionally or through gross negligence by an act or omission on the part of FSS, 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 is limited to the amount of the insurance taken out for the tandem passenger’s transported items. Any further claims can only be asserted in the event of willful intent or gross negligence.
7. The passenger himself 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. KL is not liable for any damage that occurs on the way to and from the launch site.
9. Exclusion or limitation of liability also apply accordingly in favor of employees, self-employed tandem pilots and authorized representatives of KL.
Obligation to report health impairments
10. The passenger is obliged to inform KL 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 undergoing medical treatment.
– has suffered from mental or psychological defects (drug addiction, impaired consciousness or the like) within the last 12 months or is still suffering from them.
– has consumed alcohol within the last 12 hours.
12. If there is any uncertainty about his or her fitness to fly, the passenger is obliged to have his fitness confirmed by a doctor.
13. The passenger undertakes to wear appropriate clothing (weatherproof and windproof, insensitive to dirt), shoes that are as strong as possible (ankle-high with treaded soles). KL undertakes to provide a helmet and flight equipment.
Dates and implementation
14. KLoffers tandem flights yearly between april and november. Restrictions to this result primarily from the weather and and snow conditions and the operating times of the cable car. An online calendar is available for appointment reservations at www.tandemflug-salzkammergut.at. Appointments can also be made by phone or email.
15. We expressly point out that despite fixed dates, there is no entitlement to carry out the tandem flights if the weather conditions in the flight area do not allow this. In the event of a postponement or short-term cancellation, there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred. The right to catch up on the flight remains, however. KL makes every effort to provide 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 voucher
19. By ordering a voucher, the customer 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 price of the flight is payable in cash immediately upon completion of the flight.
20. Vouchers are valid for 24 months after the date of issue. Expired vouchers are recognized in their original value. If necessary, an additional charge must be added to the current price. The vouchers / tickets must be brought along on the day of the flight and handed over to the pilot.
Right of withdrawal
21. As a consumer, you have the right to revoke your contractual declaration within 7 working days of receipt of the voucher without giving reasons in an informal text form (e.g. letter, email to email@example.com) and by returning the voucher. A later revocation is not possible. To meet the cancellation deadline, it is sufficient to send the cancellation and the voucher in good time. The buyer has to bear the costs of the return. In the event of cancellation, the purchase price will be reimbursed to the buyer in cash. The right of withdrawal does not apply if the voucher has already been redeemed.
22. The passenger can withdraw from the agreed event date at any time by sending an email to firstname.lastname@example.org. Cancellations up to 48 hours before the booked appointment are free of charge, from 48 hours 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
23. By completing the flight ticket, the passenger may agree to the use of the photos and film recordings made by KL or its pilots during or during the flight for advertising purposes, etc.
24. We point out that when paragliding, even with the greatest care and optimal flight, accidents with considerable 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.
25. 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 4866 Unterach am Attersee.
26. Should individual provisions of the GTC be ineffective, the effectiveness of all other points remains unaffected. In their place, an appropriate regulation should come into play that most closely corresponds to the ineffective provisions.