GTC - General Terms and Conditions
Managing director: Leonardo Cardenas Rey
Tel: +43 660 9385511
1. Leonardo Cardenas Rey = Gerlitzen Paragliding, organizes tandem paragliding flights. Some of the flights are taken over by independent tandem pilots, in which case these tandem pilots are the service organizer and contractual partner of the passenger. The operator on the flight ticket (contract of transportation), which must be completed before the tandem flight, is considered the organizer and contractual partner.
2. If the flight is not operated by Leonardo Cardenas Rey - Gerlitzen Paragliding, the entrepreneur (pilot) named on the ticket is liable. Leonardo Cardenas Rey - Gerlitzen Paragliding is liable for the selection of a suitable pilot, but not for the performance (tandem flight) itself.
3. The transportation of people with the tandem paraglider by Gerlitzen Paragliding is subject to Austrian law, in particular the provisions of the aviation law.
4. Before starting the flight, the passenger (in the case of children a legal guardian or an adult accompanying person) must read the contract of transportation and confirm it with his signature. Every passenger receives instruction before the start. If the passenger does not understand this instruction or cannot follow it for any reason, he must inform the pilot of this.
5. The passenger is obliged to notify Gerlitzen Paragliding and the tandem pilot if there is an increased risk of injuries during take-off and landing due to his state of health.
The following are to be reported: restrictions on the musculoskeletal system, serious diseases of the heart, spine, as well as high blood pressure, organ disorders or the like, mental or psychological defects, drug or alcohol abuse.
6. If it is unclear about its fitness to fly, there is an obligation to find out about its suitability from Gerlitzen Paragliding.
-The specification of the duration of the flight of up to 30 minutes is a guide value. The duration can vary and depends on the weather and maneuvers. Good weather conditions (thermals) allow a long flight. Flying different maneuvers shortens the flight time.
Insurance and limitations of liability
7. A legally required liability insurance has been taken out for the benefit of the tandem passenger and the items carried with him.
8. Gerlitzen Paragliding or the tandem pilot is only obliged to pay compensation if the damage was caused intentionally or through gross negligence as a result of an act or omission by Gerlitzen Paragliding, or its persons, whom it uses to fulfill the transport contract. In any case, liability does not exist if the carrier and his / her person have taken all necessary measures to prevent the damage or if these measures could not be taken. The carrier's liability for the items of the tandem passenger carried is limited to the amount of the insurance taken out for it. Any further claims can only be made in the event of intent or gross negligence.
9. The passenger is responsible for any valuables they bring with them. The objects are to be fastened in such a way that loss during the flight can be excluded. Pointed, sharp or glass objects, weapons, pressurized containers, explosives and detonators as well as pyrotechnic lighting sets must not be taken on the flight.
10. Gerlitzen Paragliding is not liable for damage that occurs on the way to and from the landing site.
11. Exclusion or limitation of liability also apply mutatis mutandis in favor of the employees, independent tandem pilots and authorized representatives of Gerlitzen Paragliding.
12. The passenger undertakes to wear weather-appropriate clothing (weather and wind resistant, suitable for pollution), sturdy shoes and gloves. Gerlitzen Paragliding is committed to providing helmets and flight equipment.
Dates and implementation
13. Gerlitzen Paragliding offers tandem flights all year round. Restrictions result from the weather and the operating times of the mountain gondola. Appointments can be made by phone, email or via the booking formula.
14. We would like to point out that, despite fixed appointments, there is no entitlement to 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. However, the right to catch up on the flight remains. Gerlitzen Paragliding endeavors to provide timely information about the feasibility of the flight.
15. Weather-related cancellations do not require objective evidence, the subjective impression of the pilot in charge is sufficient.
16. The flight duration depends on various weather influences, which means that no uniform flight time can be guaranteed.
17. The passenger is obliged to follow the pilot's instructions at take-off and landing as well as during the flight.
18. The prices mentioned on the website and the transportation contract are tax-free according to paragraph (§ 6 Abs. 1 Z 27 UStG) small business area.
Terms of payment, delay, validity vouchers
19a. By ordering a voucher, the customer undertakes to pay the purchase price within 7 days of receipt of the voucher without deduction.
19b. Vouchers expire 24 months after the date of issue. Special regulations are possible in individual cases by arrangement. The vouchers / tickets must be brought along on the day of the flight and handed over to the pilot.
19c. If the voucher is redeemed later than 24 months, the difference between the voucher value and the current stated price on the website must be paid.
20a.Payment can be made either in cash on site or by invoice or credit card when purchasing a voucher on your usual terms
When paying by invoice: within 7 working days after receipt of the goods without deduction. You may have to bear the costs that may arise as a result of the transfer.
20.b.If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the default occurs, unless a lower or higher damage is proven in individual cases.
21. The passenger can withdraw from the agreed appointment at any time by email to email@example.com, or via Whatsapp-Message to +43 660 9385511. Withdrawals up to 2 days before the booked date are possible free of charge, from 1 day to 12 hours in advance cancellation costs of 50% will be charged. Vouchers and tickets become invalid with a 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 the sales partners. For cancellations within 12 hours, the cancellation fee is 100%. Vouchers and tickets are billed as "no show".
Right of use of image and film material
22. The passenger expressly agrees to the use of photos and films taken by Leonardo C. Rey - Gerlitzen Paragliding or other pilots during the flight for advertising purposes etc.
23. We would like to point out that when paragliding, even with the greatest care and optimal flight, accidents with considerable 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 takeoff and landing due to incorrect occurrence, occurrence or falls. We try to keep this risk as low as possible. The passenger is therefore obliged to follow the instructions of the pilot when taking off, landing and during the flight and confirms that he is in good physical and mental condition.
24.Before the start of the flight, the passenger signs the invoice including the contract of carriage. In doing so, the passenger confirms that he has read, understood and acknowledged these General Terms and Conditions. This means that an air transport contract is concluded between the passenger and the pilot. The statutory provisions in Austria for commercial passenger transport also apply to this tandem flight as agreed. We hereby specifically refer to point 23 again.
25. Austrian law applies exclusively to all disputes arising from this contract of transport.
26. Should individual provisions of the AGB / BB be ineffective, the effectiveness remains unaffected in all other points.
In its place, there should be an appropriate regulation that most closely corresponds to the ineffective provisions.