T&C | Terms and Conditions
1. Scope, definitions
1.1 The sole proprietor, Stefanie Reiter, mediates on www.tandem-stubai.at (hereinafter referred to as TANDEM STUBAI) tandem paragliding flights. All flights are carried out by independent tandem pilots who are the organizers of the service and the contractual partner of the passenger. The operator of the flight ticket (= transport contract), 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 a pure brokerage platform.
1.2 The TANDEM STUBAI Terms and Conditions are accepted when booking (can be done in writing via the website or verbally by telephone) on www.tandem-stubai.at and when taking 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 persons in tandem paragliders and all other services provided by TANDEM STUBAI and the independent tandem pilot are subject to Austrian law, in particular the aviation law provisions, as well as the following conditions.
1.5 Before starting the flight, the passenger (or a parent or guardian or accompanying adult in the case of children) must read the General Terms and Conditions carefully and confirm them with their signature on the flight ticket. Immediately before take-off, the pilot will instruct the passenger on the take-off procedures. If the passenger does not understand these instructions or cannot follow them for any reason, they 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 is obliged to wear appropriate clothing (weatherproof, windproof, and dirt-resistant) and closed shoes (above the ankle, if possible). The tandem pilot arranged by TANDEM STUBAI is obliged to provide a helmet and flight equipment.
5. Dates and implementation
5.1 TANDEM STUBAI offers tandem flights year-round. Restrictions may arise due to weather conditions and the operating hours of the mountain railways in individual flight areas. A booking form is available for reservations. www.tandem-stubai.at Appointments can also be made by phone 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.
5.7 Written or verbal registration constitutes a legally binding contract. The scope of services and prices are set out in the current event descriptions and refer to one person. The cable car ride is not included in the prices.
5.8 When booking a tandem flight, the flight price must be paid in cash or by card immediately after the flight, unless the flight has already been paid for in advance via online payment.
5.9 Discount promotions cannot be combined. Only one discount can be applied per booking.
6. Payment conditions and validity of vouchers
6.1 By placing an order, the purchaser of a voucher undertakes to pay the purchase price by bank transfer immediately upon receipt of the voucher.
6.2 Vouchers expire 36 months after the date of issue.
6.3 A voucher cannot be redeemed for cash or returned. Vouchers are transferable.
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 may cancel the agreed event date at any time by sending an email to hallo@tandem-stubai.at. Cancellations up to 24 hours before the booked date are free of charge. For cancellations within 24 hours, the cancellation fee is 100% of the flight price. Vouchers become invalid upon cancellation by the customer. A refund of the remaining purchase price is excluded.
8.2 If a refund is issued for a previously made card payment, the originally paid amount might be refunded minus any transaction fees incurred. These fees are charged by the payment provider and may vary depending on the payment method. Therefore, a full refund of the total amount may not be possible.
9. Right of use of images and film material
9.1 The passenger expressly consents to the use of photos and videos taken by TANDEM STUBAI or its pilots during, before or after the flight for advertising purposes on social media, the TANDEM STUBAI website or similar.
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 All disputes arising from this contract of carriage shall be governed exclusively by Austrian law. The exclusive place of jurisdiction shall be the district or regional court responsible for 6070 Ampass.
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.