General Terms and Conditions / Contract of Carriage

General

1.1 Peter Reinalter (Tandem Paragliding Tirol) organizes paragliding tandem flights. In this sense, he is the carrier and the contracting party (contract of carriage).

1.2 The transportation of persons in a tandem paraglider and all other services provided by Peter Reinalter are subject to Austrian law, in particular the provisions of aviation law, as well as the following conditions.

1.3 Before starting the flight, the passenger (in the case of children, a legal guardian or an adult accompanying person) must read through these General Terms and Conditions and confirm that he or she meets the health requirements for participation in the event, in particular in the sports and outdoor activities.

1.4 Immediately before take-off, the passenger will be instructed by the pilot in the take-off procedures. If the passenger does not understand this briefing or cannot follow it for any reason, he/she must inform the pilot immediately.

Insurance and limitations of liability

2.1 A liability insurance policy required by law has been taken out for the benefit of the tandem passenger and the goods transported with him.

2.2 The carrier is only liable to pay compensation if the damage was caused by an act or omission of Peter Reinalter (Tandem Paragliding Tirol) or persons he uses to fulfill the contract of carriage, intentionally or by gross negligence. In any case, there is no liability if all necessary measures to prevent the damage were taken by the carrier and the independent pilots, or if these measures could not be taken. The liability of the carrier for the goods carried by the tandem passenger is limited to the amount of the insurance taken out for this purpose. Further claims can only be asserted in case of intent or gross negligence.

2.3 The passenger is responsible for the shockproof packaging of photographic and film equipment and other valuables carried on board. The items must be secured in such a way that loss during the flight can be ruled out. Pointed, sharp or glass objects, weapons, pressurized containers, explosives, detonators and pyrotechnic flares may not be taken on the flight.

2.4 Peter Reinalter (Tandem Paragliding Tirol) is not liable for damages that occur on the way to and from the launch site.

2.5 Exclusion or limitation of liability shall apply mutatis mutandis also in favor of the employees, independent tandem pilots and authorized representatives of Peter Reinalter (Tandem Paragliding Tirol).

Obligation to report health impairments

3.1 The passenger is obliged to inform Peter Reinalter (Tandem Paragliding Tirol) and the respective 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.

3.2 In any case, the following must be reported:
– 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 disease or the like. “Serious” means as soon as you have been or are receiving medical treatment.
– Has suffered or is still suffering from mental or psychological defects within the last 12 months.
– consumed alcohol within the last 12 hours.

3.3 In case of uncertainty about the flying fitness, there is the obligation to inform Peter Reinalter (Tandem Paragliding Tirol) about the fitness.

Equipment

4.1 The passenger undertakes to wear appropriate clothing (weatherproof and windproof, suitable for pollution), if possible sturdy shoes (reaching above the ankles) and gloves.

4.2 Peter Reinalter (Tandem Paragliding Tirol) agrees to provide helmet and flight equipment.

Dates and implementation

5.1 Peter Reinalter (Tandem Paragliding Tirol) offers tandem flights all year round. Restrictions to this arise from the weather and in the individual flight areas due to the operating times of the mountain railroads.

5.2 Peter Reinalter (Tandem Paragliding Tirol) expressly points out that despite firmly agreed dates, there is no claim to the execution of the tandem flights if the weather conditions at the flight area do not allow this. In the event of postponement or cancellation at short notice, there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred. However, the right to make up the flight remains. Peter Reinalter (Tandem Paragliding Tirol) is very keen to give timely information about the feasibility of the flight.

5.3 Weather-related cancellations do not require objective evidence, the subjective impression of the pilot in charge is sufficient.

5.4 Should the tandem flight not be able to take place on the agreed date due to weather conditions or for other reasons, tandem passengers must take care themselves to arrange a new possible date with their pilot. Compensation for any travel or accommodation costs incurred cannot be provided as a matter of principle.

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

5.6 The passenger is obliged to follow the pilot’s instructions during take-off and landing as well as during the flight.

Terms of payment, validity of vouchers & cancellations

6.1 The written or oral registration constitutes a legally binding contract. Scope of services and prices can be found in the respective valid event descriptions and refer to one person.

6.2 When booking a tandem flight or a voucher, the purchase price must be paid immediately. In case of booking by telephone or verbally, the fare is payable immediately after the flight has taken place.

6.3 The validity period of all vouchers is three years from the date of issue. Beyond that, the validity period can be extended only with agreement (reason, possible price change, offer availability, etc.). Resale or cash redemption of a voucher is not possible. A return of the vouchers is not possible.

6.4 Vouchers to be redeemed must be brought along on the day of the flight and presented to the pilot.

6.5 Claims for repayment of the purchase price exist according to the KSchG within 14 days after receipt of the voucher or tickets of the distribution partners without giving reasons. It is sufficient to return the voucher or cancellation within this period.

6.6 Cancellation of the contract by the participant is free of charge until the day before the event, cancellation on the day of the event will incur 100% cancellation fees.

Right of use of image and film material

7.1 The passenger agrees to a possible use of the photos and film recordings made by Peter Reinalter (Tandem Paragliding Tirol) or his pilots during or from the flight for advertising purposes etc..

7.2 Texts, images and graphics both printed and on this website may only be used with the express permission of the owners.

Risk instruction

8. although a tandem flight is generally a harmless and safe affair, it is confirmed to have been informed about the possible accident risks of the tandem flight, in particular that even with the greatest care and optimal flight course, especially during take-off and landing, incorrect emergence, appearance or falls, accidents with not insignificant injury consequences (e.g. sprains, column injuries, concussions, fractures, etc.) can happen. This general risk of injury during the take-off, flight and landing phases can be increased by wind-related influence, which can lead to a bumpy flight and also to a hard landing. Finally, the passenger is also aware that the extreme risk is that a crash can also lead to death.

Final provisions

9.1 Austrian law shall apply exclusively to all disputes arising from this contract of carriage. The exclusive place of jurisdiction is the district or regional court responsible for 6170 Zirl.

9.2 Should individual provisions of the GTC be invalid, the validity of all other points shall remain unaffected. They shall be replaced by an appropriate provision that most closely corresponds to the invalid provisions.