Terms & Conditions | General terms and conditions of business
1. Scope, definitions
1.1 The sole proprietor, Stefanie Reiter, acts as an agent www.tandem-stubai.at (hereinafter referred to as TANDEM STUBAI) tandem paragliding flights. All flights are carried out by independent tandem pilots, including Stefanie Reiter, who are the organizers of the service and contractual partners of the passenger (passenger). The entrepreneur on the flight ticket, which must be filled out before the tandem flight, is considered the organizer and contractual partner. The flight ticket is also the invoice for the service. TANDEM STUBAI is purely a mediation platform.
1.2 The General Terms and Conditions of TANDEM STUBAI are accepted when booking (written or verbal) on www.tandem-stubai.at and when boarding a flight.
1.3 TANDEM STUBAI is not liable for the service (tandem flight). Liability lies with the independent tandem pilot who carries out the flight.
1.4 The transport of people in tandem paragliders and all other services provided by TANDEM STUBAI are subject to Austrian law, in particular the aviation regulations, as well as the following conditions.
1.5 Before starting the flight, the passenger (for children, a legal guardian or an adult accompanying person) must read the contract of carriage carefully and confirm it with his signature. Immediately before takeoff, the passenger is instructed in the takeoff procedures by the pilot. If the passenger does not understand this instruction or is unable to follow it for any reason, he or she must inform the pilot immediately.
2. Insurance and liability
2.1 The independent tandem pilots to whom TANDEM STUBAI mediates have taken out legally required liability insurance for the benefit of the tandem passenger and the items transported with him.
2.2 TANDEM STUBAI, or the tandem pilot, is only obliged to pay compensation if the damage was caused intentionally or through gross negligence by an act or omission by TANDEM STUBAI, or its employees or persons it uses to fulfill the transport contract. In any case, liability does not apply if the carrier and his employees took all necessary measures to prevent the damage or if these measures could not be taken. The carrier's liability for the tandem passenger's belongings is limited to the amount of the insurance taken out for them. Any claims beyond this can only be asserted in the event of intent or gross negligence.
2.3 The passenger is responsible for the shockproof packaging of photographic and film equipment as well as other valuables. The items must be secured in such a way that they cannot be lost during the flight. Pointed, sharp or glass objects, weapons, pressurized containers, explosives and detonators as well as pyrotechnic devices may not be taken on the flight.
2.4 TANDEM STUBAI is not liable for damage that occurs on the way to the take-off site and from the landing site.
2.5 Exclusion or limitation of liability also applies mutatis mutandis to the benefit of employees, self-employed tandem pilots and authorized representatives of TANDEM STUBAI.
3. Obligation to report health impairments
3.1 The passenger is obliged to inform TANDEM STUBAI 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 that could lead to an increased risk of injury during take-off and landing.
3.2 The following must be reported in any case:
– serious accidents within the last 12 months.
– Restrictions in the musculoskeletal system.
– Serious diseases of the heart, spine, intervertebral discs, as well as high blood pressure, organ problems or similar. It becomes serious as soon as you have been or are under medical treatment.
– has suffered 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.
3.3 If you are unclear about your flying suitability, you are obliged to contact TANDEM STUBAI to find out about your suitability.
4. Equipment
4.1 The passenger undertakes to wear appropriate clothing (weather and windproof, suitable for dirt), if possible sturdy shoes (reaching over the ankles) and gloves. TANDEM STUBAI undertakes to provide helmet and flight equipment.
5. Dates and implementation
5.1 TANDEM STUBAI offers tandem flights all year round. Restrictions arise due to the weather and in the individual flight areas due to the operating times of the mountain railways. An online calendar is available for appointment reservations www.tandem-stubai.at available. Further appointments can be requested using a form on the homepage. Appointments can also be arranged by telephone or email.
5.2 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 permit this. In the event of a postponement or short-term cancellation, there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred. However, the right to reschedule the flight remains. TANDEM STUBAI makes every effort to provide timely information about the feasibility of the flight.
5.3 Cancellations due to weather do not require objective evidence; the subjective impression of the pilot in charge is sufficient.
5.4 The flight duration depends on various weather conditions, which means that a uniform flight time cannot be guaranteed.
5.5 The pilot determines all details regarding the execution of the flight. He reserves the right to change the start time, change the take-off location or the flight area, deviate from the planned flight route or flight time, or cancel the flight plan if this is required by meteorological, technical, legal or other unforeseen reasons or if there is too great a risk for represent the people or third parties involved.
5.6 The passenger is obliged to follow the pilot's instructions during take-off and landing as well as during the flight.
6. Payment conditions and validity of vouchers
6.1 By placing an order, the person ordering a voucher undertakes to pay the purchase price either immediately via online payment or within 7 days without deductions after receiving the voucher. If you book a tandem flight without a voucher, the flight price must be paid in cash immediately after the flight has been completed.
6.2 Vouchers expire 36 months after the date of issue. Special regulations are possible in individual cases after consultation. The voucher must be brought with you on the day of the flight and given to the pilot.
6.3 TANDEM STUBAI redeems vouchers from selected sales partners. The passenger is responsible for ensuring that the voucher is valid. In the event of an invalid voucher, TANDEM STUBAI is entitled to claim the flight price from the passenger.
7. Withdrawal
7.1 According to the KSchG, claims for reimbursement of the purchase price exist within 14 days of receipt of the voucher without giving reasons. It is sufficient to return the voucher within this period.
8. Cancellation costs
8.1 The passenger can withdraw from the agreed event date at any time by sending an email to [email protected]. Cancellations up to 4 days before the booked date are possible free of charge; from 3 days up to 24 hours before, cancellation costs of 50% will be charged. Vouchers and tickets become invalid upon 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”.
9. Right of use of images and film material
9.1 The passenger expressly agrees to the use of the photos and film recordings taken by TANDEM STUBAI or its pilots during or from the flight for advertising purposes etc.
10. Risk information
10.1 We would like to point out that when paragliding, even with the greatest care and optimal flight, accidents with significant consequences for injuries (e.g. sprains, broken bones, cervical spine bruises, spinal injuries, concussions, in extreme cases death, etc.) cannot be ruled out. There is an increased risk during take-off and landing due to incorrect landing, stepping or falling.
11. Final Provisions
11.1 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 6020 Innsbruck.
11.2 If individual provisions of the General Terms and Conditions are ineffective, the effectiveness of all other points remains unaffected. It should be replaced by an appropriate regulation that most closely corresponds to the ineffective provisions.
