General terms and conditions of business
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. 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. 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 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: 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.
Any items carried during a paragliding flight (such as cash, cell phones, cameras, glasses and other valuables) must be properly secured or stowed away. Falken Air accepts no liability if these items are lost or damaged. Falken Air pilots cannot be held responsible for any damage or accidents that occur on the way to the take-off points or from the agreed meeting point.
Exclusion or limitation of liability also applies mutatis mutandis to the benefit of tandem pilots and Falken Air's authorized representatives. Falken Air pilots are only liable for damages 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. Dates & Payment: Falken Air offers tandem flights all year round from the Schmittenhöhe in Zell am See. The passenger declares that participation in a tandem flight is purely for personal reasons. The costs for travel to the airfield are to 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 kept, 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 conditions do not need to be proven – the professional assessment of the responsible pilot is sufficient.
The flight duration stated is an estimate. This flight duration may vary. The flight route, landing site and flight times may be changed at any time, particularly for safety or operational reasons, without the passenger having any right to compensation.
When booking a tandem flight, the flight price must be paid in cash to the pilot immediately after the flight. A voucher can also be used to pay the flight price. If the flight or voucher is paid for 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 to pay the purchase price within 7 days (without deduction) 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 in full on the day of validation. Special arrangements are possible on a case-by-case basis. Your preferred payment method (voucher or cash) must be brought with you on the day of your flight and handed over to the pilot. 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 upon request. Like all vouchers, vouchers cannot be exchanged or redeemed for cash if they are/have not been used. Any remaining balance after redeeming vouchers cannot be redeemed for cash but remains valid.
Right of withdrawal: According to the Consumer Protection Act, you have the right to claim reimbursement of the purchase price within 14 days of receiving the voucher without giving any reasons. It is sufficient to return the voucher to Falken Air within this period.
9. Cancellation fees: The passenger can cancel at any time from the agreed flight date by email to info@falkenair.com Cancellations up to 4 days before the booked date are free of charge; cancellations between 3 days and 24 hours before the date will incur a cancellation fee of 501 TP3T. Vouchers and tickets become invalid upon cancellation and become valid again upon 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 1001 TP3T.
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 holds the copyright.
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: 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.
