General terms and conditions of business
1. Tandem Paragliding: 1. Falken Air organizes and runs paragliding tandem flights in Zell am See from the Schmittenhöhe and other flying areas. Some of the flights are carried out by independent tandem pilots, in which case these tandem pilots are the organizer of the service and the contractual partner of the passenger. The organizer and contractual partner is the entrepreneur/pilot on the flight ticket (transportation contract), which must be filled out by each passenger before the tandem flight. Falken Air only offers the services of state-certified, experienced tandem pilots and the pilot is fully liable as the 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. This flight ticket is also the invoice.
1.1. Ballooning: 1.1. Falken Air also arranges balloon flights with Flaggl Ballooning GmbH. In this case, Flaggl Ballooning GmbH is the organizer of the service and the passenger's contractual partner. The operator/pilot is designated as the organizer and contractual partner on the flight ticket (carriage contract), which is issued to the passenger before the flight.
2. Right: 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. Contract of carriage: 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: 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 its takeoff process. 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 the passenger's fitness to fly, Falken Air undertakes to inform the passenger of all the necessary requirements.
5. Insurance & Liability: To cover all passenger claims under the liability provisions of Austrian Aviation Law, the respective pilot has taken out insurance. Claims exceeding the legally prescribed coverage amounts are expressly excluded. Any items carried during a paragliding flight (such as cash, cell phones, cameras, glasses, and other valuables) must be properly secured and stowed. Falken Air assumes no liability for any loss or damage to these items. Falken Air pilots cannot be held liable for damages or accidents that occur en route to the launch sites and from the agreed meeting point. Exclusions or limitations of liability also apply mutatis mutandis to the tandem pilots and Falken Air's authorized representatives. Falken Air pilots are only liable for damages caused by a grossly negligent or intentional act/omission on the part of the tandem pilot. Falken Air's liability is limited to the passenger's belongings up to the amount of the insurance policy taken out for them. Claims beyond this can only be asserted in cases of intent or gross negligence.
6. Equipment: 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 year-round from the Schmittenhöhe in Zell am See. The passenger declares that participation in a tandem flight is solely for personal interest. The tandem passenger is responsible for the travel costs to the flight site. The costs for cable car rides and similar activities are not included in the ticket price. Any additional travel costs that may arise due to weather conditions are also not included in the price. If the passenger misses a fixed date, the full flight fee must be paid. The pilot determines the flight arrangements and is always responsible for the flight execution. We expressly point out that, despite fixed dates, there is no right to the tandem flight being performed if the prevailing weather conditions in the flight area do not permit this. In the event of a postponement or last-minute cancellation, there is no right to compensation, reimbursement, or reimbursement of other expenses incurred. However, the right to reschedule the flight remains. Weather-related cancellations do not need to be proven; the professional assessment of the commanding pilot is sufficient. The stated flight duration is an estimate. This flight duration may vary. The flight route, landing site, and flight times may be changed at any time for safety or operational reasons, without the passenger having any right to compensation. When booking a tandem flight, the flight price must be paid to the pilot immediately after the flight in cash or by another agreed payment method. Falken Air reserves the right to request the full flight price via a payment link up to 48 hours before the flight departure. A voucher can also be used to pay the flight price. When paying for the flight or voucher via PayPal, the buyer bears the transaction costs. If flights are canceled due to weather conditions, advance payments will be fully refunded. However, cable car tickets cannot be refunded.
8. Validity of purchased vouchers: The person who orders the voucher from Falken Air via the website using the form undertakes to pay the purchase price within 48 hours (without deductions) of receiving the voucher. Purchased vouchers expire 36 months from the date of issue. All vouchers are value vouchers, and price changes must be paid on the day of validation. The voucher must be brought digitally or printed out and handed to the pilot on the day of the flight. Paragliding vouchers can only be redeemed in the Zell am See flying area and only when the flying area is in operation. Vouchers for other flying areas are only available on request. Vouchers are non-exchangeable and cannot be redeemed for cash if they are not used. Any remaining balance after redeeming vouchers cannot be redeemed for cash but remains valid. Right of withdrawal: According to the Consumer Protection Act (KSchG), claims for reimbursement of the purchase price exist within 14 days of receiving the voucher without stating reasons. Simply returning the voucher to Falken Air within this period is sufficient.
9. Cancellation conditions: The passenger can cancel the flight at any time by writing to info@falkenair.com Cancellations up to 4 days before the booked date are free of charge. Cancellations made between 3 days and 24 hours before the scheduled date will incur a cancellation fee of 501,000 euros. For all cancellations within 24 hours, the cancellation fee is 1001,000 euros, and the full amount must be paid. This also applies to early departure, illness, accidents, and the like; the amount due will be charged without exception. We recommend cancellation insurance if necessary.
10. Right to use images and film material: The passenger agrees that all photos and videos taken during the tandem flight may be used by Falken Air without restriction. Falken Air retains the copyright.
11. Risk information: 11. Risk information: We would like to point out that even with the greatest care, accidents with serious injuries (e.g. sprains, broken bones, spinal injuries, concussions, in extreme cases death, etc.) cannot be ruled out during tandem paragliding. There is an increased risk, especially during take-off and landing, due to incorrect landing, stepping or falls.
12. Final provisions: 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.