GTC - General Terms and Conditions

Managing director: Leonardo Cardenas Rey

E-Mail:info@gerlitzenparagliding.com

Tel: +43 660 9385511

General

1. Leonardo Cardenas Rey = Gerlitzen Paragliding, organizes and runs tandem paragliding flights. Some of the flights are taken over by independent tandem pilots, in thiscase these tandem pilots are the service organizer and contractual partner of the passenger. The operator/pilot on the flight ticket (contract of transportation), which must be completed by each passenger 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 Leonardo C. Rey -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. With this, the passenger confirms that he has read, understood and acknowledged these provisions of the contract of transportation and these GTC. 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.

 

5. Provisions of the transport contract:

       5.1. Generally

  • The pilot determines all the details of the conduct of the flight. He reserves the right to change the take-off time, change the take-off location, deviate from the planned flight route or flight time, or cancel the flight project if meteorological, technical, legal or other unforeseen reasons require it.
    5.2. Conditions of participation:

  • The passenger assures mental and physical health and is of normal athletic and agile condition.

  • The passenger is obliged to inform Leonardo C. Rey - Gerlitzen Paragliding and the pilot if there is an increased risk of injuries during take-off, flight and landing due to their state of health.
    The following are to be reported: Limitations in the musculoskeletal system, cardiovascular diseases, nerve diseases, injuries to the spine, as well as high blood pressure, organ diseases or mental or psychological defects.

  • If you are unclear about your fitness to fly, you are obliged to inform yourself about the fitness from Leonardo C. Rey - Gerlitzen Paragliding and the pilots.

  • The passenger automatically withdraws from the contract if he is under the influence of alcohol, medication or drugs.

  • The passenger confirms that his or her body weight is between a minimum of 25 kg and a maximum of 120 kg.

  • The passenger must contribute to the success of a safe tandem flight. He is obliged to follow the instructions of the pilot unconditionally and immediately during take-off preparation, take-off, flight and landing. Especially during take-off, the passenger must run until the paraglider takes off and may only stop running after the pilot has requested it. The passenger is obliged to inform the pilot if he has not fully or partially understood the theoretical take-off instruction by the pilot or if he cannot follow it for any reason.

  • The passenger is strongly advised to wear sturdy shoes with a good profile, as well as suitable clothing (weatherproof, windproof, tearproof, suitable for soiling). The pilot provides the necessary flight equipment (helmet, passenger harness) for the passenger.

  • For safety reasons, the passenger is not allowed to take any objects with them during the flight. Because of this, you are not allowed to use your own camera. Passengers are responsible for other valuables they have brought with them. The items must be fastened in such a way that they cannot be lost during the flight.
    5.3. Liability conditions:

  • The passenger acts at his own risk. He is advised that participation can result in an increased risk to health, life and property.

  • Statutory liability insurance has been taken out for the benefit of the passenger.

  • The pilot's performance begins at take-off with the connection of the passenger to the glider system and ends with the disconnection of this connection after landing.

  • The passenger is liable for any damage to the passenger or the persons involved, property or third parties, which results from simple negligence on the part of the passenger or from his failure to follow the instructions of the pilot. The pilot's liability is excluded here.

  • Leonardo C. Rey - Gerlitzen Paragliding, or the pilot (named in the contract of transportation) is only liable to pay compensation if the damage was caused intentionally or through gross negligence by an act or omission on the part of the pilot. In any case, liability is not given if the pilot took all necessary measures to prevent the damage or if these measures could not be taken. The pilot's liability is limited to the amount of the insurance taken out for the items carried by the passenger. Any further claims can only be asserted in the event of willful intent or gross negligence.

  • Leonardo C. Rey - Gerlitzen Paragliding or the pilot assumes no liability for any personal injury or property damage that could occur during the transport / way from the landing site / meeting point to the mountain railway, the way to the take-off site or during the instructions / take-off preparations there.

  • Exclusion or limitation of liability also apply in favor of the employees, independent tandem pilots and authorized representatives of Gerlitzen Paragliding - Leonardo C. Rey.

  • The flight is subject to change. Violation of the pilot's instructions, non-fulfillment or incorrect information about one or more parts of the contract can lead to the loss of insurance cover and to the endangerment of the health and property of the persons involved and third parties. In these cases the pilot is entitled to exclude the passenger from participation. This means that the entitlement to the service expires. The flight fee is due in full and there is no entitlement to a refund.

Dates and implementation
6. Leonardo C. Rey - Gerlitzen Paragliding offers tandem flights all year round. Restrictions result from the weather and the operating times of the mountain railways. Appointments can be made by phone, email or using the booking form.
7. We would like to 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. Leonardo C. Rey - Gerlitzen Paragliding endeavors to inform in good time about the feasibility of the flight.
8. Cancellations due to weather conditions do not require objective evidence, the subjective impression of the pilot in charge is sufficient.
9. The flight duration depends on various weather conditions, which means that no uniform flight time can be guaranteed. The information on the duration of the flight of approx. 10 - 30 minutes is therefore a plan guide value. The duration can vary widely and depends on the weather and maneuvers.
10. The passenger is obliged to follow the instructions of the pilot during take-off and landing as well as during the flight.

Prices
11. The prices stated on the website and the invoice are tax-free according to paragraph (§ 6 Abs. 1 Z 27 UStG) small business sector.
12. Price change: On March 14th, 2022 the prices valid until then were updated. For bookings, tickets and vouchers purchased before this date ( vouchers valid for 2 years) the previous stated price applies and this is not subject to any price changes.

Terms of payment and default, validity of the vouchers
13. By ordering a voucher, the person ordering a voucher undertakes to pay the purchase price within 7 days of receipt of the voucher without any deductions.
14. Vouchers expire 24 months after the date of issue. Special regulations are possible in individual cases by arrangement. The vouchers / tickets must be brought with you on the day of the flight and handed over to the pilot.
15. If the voucher is redeemed later than 24 months, the difference between the voucher value and the price currently indicated on the website must be paid.
16. Payment can be made either: In cash on site or by invoice or card payment when ordering a voucher on the website at our usual conditions.
When paying by invoice: within 7 working days of receipt of the voucher without deduction. You may have to bear any costs that may arise as a result of the transfer.
17. 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. A reminder fee of EUR 2.50 will be charged for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.

Cancellation costs
18. The passenger can withdraw from the agreed event date at any time by email to info@gerlitzenparagliding.com or by phone or WhatsApp message to +43 660 9385511. Withdrawals up to 2 days before the booked appointment are free of charge, from 1 day to 12 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 12 hours, the cancellation costs are 100%. Vouchers and tickets are billed as "no show".

Right to use image and film material
19. The passenger expressly consents to the use of photos and films made by Leonardo C. Rey - Gerlitzen Paragliding or its pilots during the flight for advertising purposes, etc.

Risk instruction
20. We would like to 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. 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.

Final provisions
21. Austrian law applies exclusively to all disputes arising from the contract of carriage and these terms and conditions.
22. Should individual provisions of the AGB / BB be ineffective, the effectiveness of all other points remains unaffected.
In their place, an appropriate regulation should come into effect, which corresponds most closely to the ineffective provisions.