General terms and conditions of business
1. Falken Air organizes and hosts paragliding tandem flights in Zell am See from the Schmittenhöhe and other flight areas. Some of the flights are taken over by independent tandem pilots, in this case these tandem pilots are the organizers of the service and contractual partners of the passenger (passenger). The entrepreneur/pilot on the flight ticket (contract of carriage), which must be filled out by each passenger before the tandem flight, is considered the organizer and contractual partner. Falken Air only offers the services of state-certified, experienced tandem pilots and the pilot is fully liable as a contractual partner of the tandem passenger. The tandem passenger fills out the flight ticket together with the Falken Air pilot when taking the gondola up to the Schmittenhöhe. In the same sense, this flight ticket is the bill.
2. All flight services provided by Falken Air or the independent pilots are subject to Austrian law, the aviation law provisions and the following conditions.
3. Before the flight begins, the passenger (or a parent or guardian or accompanying adult if children want to fly with us) must read the transport contract carefully and confirm it with their individual signature. Shortly before the tandem flight from the Schmittenhöhe begins, the passenger will receive instructions on the take-off procedures from the pilot. If the passenger does not understand this instruction or if further explanations are required, they must immediately inform the pilot of this uncertainty.
4. Obligation to report health restrictions: The passenger must report all physical restrictions to the pilot in advance. A passenger must be able to walk a few steps with the pilot as soon as the tandem flight begins. Heart conditions, seasickness, problems with the spine, intervertebral discs, psychological defects such as impaired consciousness, high blood pressure, etc. must be reported to the pilot. In addition, alcohol consumption within the last 12 hours must be reported. If the passenger has had a serious accident within the last 12 months, this event must also be reported to the provider Falken Air. If there is any uncertainty about fitness to fly, Falken Air undertakes to inform the passenger of all necessary requirements.
5. Insurance & Liability: In order to cover all passenger claims under the liability provisions of the Austrian Aviation Act, the respective pilot has taken out insurance. Liability is expressly excluded for claims that exceed the legally prescribed coverage amounts.
Items carried during the paragliding flight (such as cash, cell phones, cameras, glasses and other valuables) must be properly secured and stowed away. If these items are lost or damaged, Falken Air assumes no liability. Falken Air pilots cannot be held responsible for any damage or accidents that occur on the way to the take-off points and from the agreed meeting point.
Exclusion or limitation of liability also applies mutatis mutandis in favor of the tandem pilots and Falken Air's authorized representatives. Falken Air pilots are only obliged to pay compensation if the damage was caused by a grossly negligent or intentional act/omission on the part of the tandem pilot. Falken Air's liability is limited to the items brought by the passenger up to the amount of the insurance taken out for them. Claims that go beyond this can only be asserted in the event of intent or gross negligence.
6. Equipment: The passenger undertakes to undertake the tandem flight only wearing appropriate clothing (weatherproof and windproof clothing, suitable for dirt), ankle-high, sturdy hiking boots, gloves and sunglasses. Each Falken Air pilot provides a protective helmet and the necessary flight equipment.
7. Date & payment: Falken Air offers tandem flights from the Schmittenhöhe in Zell am See all year round. The passenger declares that participation in a tandem flight is solely for personal interest. The cost of travel to the airport must be borne by the tandem passenger themselves. The costs for mountain railway rides and the like are not included in the ticket price. All other travel costs that may arise due to weather conditions are also not included in the price. If fixed dates are not adhered to, the entire fee for the flight must be paid.
The pilot determines the flight and is always responsible for the execution of the flight. We expressly point out that, despite fixed dates, there is no entitlement to the tandem flights being carried out if the prevailing weather conditions in the flight area do not permit this. In the event of a postponement or a short-term cancellation, there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred. However, the right to reschedule the flight remains.
Cancellations due to weather do not have to be proven - the professional assessment of the pilot in charge is sufficient.
The flight duration listed is an estimate. This flight duration may vary. The flight route, landing site and flight times can be changed at any time, primarily for safety or operational reasons, without the passenger being entitled to compensation.
When booking a tandem flight, the flight price must be paid in cash to the pilot immediately after the flight has been completed. A voucher can also be used to pay the flight price. If you pay for the flight or voucher via PayPal, the buyer bears the transaction costs.
8. Validity of the purchased vouchers: The person who orders the voucher from Falken Air on the website using the form undertakes by placing the order to pay the purchase price within 7 days (without deductions) after receiving the voucher.
Purchased vouchers expire 36 months after the date of issue. All vouchers are value vouchers and price changes must be paid on the day of validation. Special arrangements are possible on a case-by-case basis. The preferred means of payment (voucher or cash) must be brought along on the day of the flight and handed over to the pilot. Paragliding vouchers can only be redeemed in the Zell am See flying area. Any remaining balance after redeeming vouchers cannot be redeemed in cash.
Right of withdrawal: 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 to Falken Air within this period.
9. Cancellation costs: The passenger can cancel at any time from the agreed flight date by email info@falkenair.com resign. Cancellations up to 4 days before the booked date are 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 not possible. For all cancellations within 24 hours the cancellation fee is 100%.
10. Right to use images and film material: The passenger agrees that all photos and video recordings taken during the tandem flight may be used by Falken Air without restriction. The copyright lies with Falken Air.
11. Risk information: We would like to point out that with tandem paragliding, even with the greatest care, accidents with significant consequences for injuries (e.g. sprains, broken bones, spinal injuries, concussions, in extreme cases death, etc.) cannot be ruled out. There is an increased risk, especially during take-off and landing, due to incorrect landing, stepping or falling.
12. Final provisions: By signing the flight ticket, a contract is created between the passenger and the respective independent pilot. No contract is created with Falken Air, unless it concerns the owner and pilot Josef Nindl personally as a pilot. In the latter case, disputes are subject exclusively to Austrian law. The place of jurisdiction is the district or regional court responsible for 5700 Zell am See. Should parts of one of these provisions of Falken Air be invalid, the validity of the remaining provisions shall remain unaffected.