General Terms and Conditions of Business and Carriage

Managing Director: Markus Dobernig

Phone: +43 676 5822547
e-mail: info@tandem-air.at

General information

1. Markus Dobernig – Tandem-Air, organizes and arranges tandem paragliding flights.
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 operator on the flight ticket (contract of carriage), which must be completed before the tandem flight, is deemed to be the organizer and contractual partner.

2. if the flight is not operated by Markus Dobernig Tandem-Air, the operator (pilot) named on the ticket is liable. Tandem-Air itself is liable for the selection of a suitable pilot, but not for the service (tandem flight) itself.

3. the transportation of persons by tandem paraglider by Tandem-Air is subject to Austrian law, in particular the provisions of aviation law.

4. before the start of the flight, the passenger (in the case of children, a legal guardian or an accompanying adult) must read through the contract of carriage and confirm it with their signature.
Before take-off, each passenger will receive a briefing.
If the passenger does not understand this briefing or is unable to follow it for any reason, he/she must inform the pilot.

5. the passenger is obliged to inform Tandem-Air and the tandem pilot if there is an increased risk of injury during take-off and landing due to their state of health.
: Restrictions in the musculoskeletal system, serious illnesses of the heart, spine, as well as high blood pressure, organ disorders or similar, mental or psychological defects, drug or alcohol abuse.

6. if it is unclear whether the pilot is fit to fly, there is an obligation to obtain information from Tandem-Air about their fitness to fly.

Insurance and limitation of liability

7. statutory liability insurance has been taken out in favor of the tandem passenger and the items transported with him.

8 Tandem-Air or the tandem pilot shall only be liable for compensation if the damage was caused intentionally or through gross negligence by an act or omission on the part of Tandem-Air or the persons it uses to fulfill the contract of carriage.
In any case, liability shall not apply if the carrier and its persons have taken all necessary measures to prevent the damage or if these measures could not be taken.
The carrier’s liability for the items carried by the tandem passenger is limited to the amount of the insurance taken out for them.
Any further claims can only be asserted in the event of intent or gross negligence.

9 Passengers are responsible for any valuables they bring with them.
Items must be secured in such a way that they cannot be lost during the flight.
Pointed, sharp or glass objects, weapons, pressurized containers, explosives, detonators and pyrotechnic flares may not be taken on the flight.

10 Tandem-Air is not liable for damage that occurs on the way to and from the launch site.

11. exclusion or limitation of liability shall also apply mutatis mutandis in favor of the employees, independent tandem pilots and authorized representatives of Tandem-Air.

Equipment

12. the passenger undertakes to wear clothing adapted to the weather conditions (weather and windproof, suitable for dirt), sturdy shoes and gloves. Tandem-Air undertakes to provide a helmet and flying equipment.

Dates and implementation

13 Tandem-Air offers tandem flights all year round.
Restrictions are due to the weather and the operating times of the mountain railroads.
Appointments can be arranged by telephone or e-mail.

14. we would like to point out that despite firmly agreed dates, there is no entitlement to carry out the tandem flights if the weather conditions in the flight area do not permit this.
In the event of postponement or cancellation at short notice, there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred.
However, the right to reschedule the flight remains unaffected. Tandem-Air will endeavor to inform you in good time 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 conditions, which means that a uniform flight time cannot be guaranteed.

17 The passenger is obliged to follow the pilot’s instructions during take-off and landing as well as during the flight.

Prices

18 The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs.
the respective shipping costs.

Terms of payment, default, validity of vouchers

19. by placing an order, the purchaser of a voucher undertakes to pay the purchase price within 7 days of receipt of the voucher without deduction.

20. vouchers expire 24 months after the date of issue.
Special arrangements are possible by arrangement in individual cases.
The vouchers / tickets must be brought along on the day of the flight and handed over to the pilot.

21 Payment can be made either in cash on site, by invoice, Paypal or credit card
at your usual conditions.
When paying by invoice: Within 7 working days after receipt of the goods without deduction.
You may have to bear any costs that may arise as a result of the transfer.

22 If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate.
You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after default has occurred, unless lower or higher damages are proven in individual cases.

Right of withdrawal

23. claims for repayment of the purchase price exist under the KSchG within 14 calendar days of ordering without giving reasons.
It is sufficient to return the voucher within this period.
The right of withdrawal exists in principle, but does not apply in the case of (Section 18 (1) Z 1 and Z 11 FAGG) complete provision of the service if the service was started at the express request of the consumer before the expiry of the withdrawal period.
In addition, the consumer must confirm that he is aware of the loss of the right of withdrawal at the time of complete fulfillment.

Cancellation costs

24. the passenger can cancel the agreed event date at any time by sending an email to info@tandem-air.at.
Cancellations up to 4 days before the booked date are free of charge, from 3 days to 24 hours before the booked date a cancellation fee of 50% will be charged.
Vouchers and tickets will become invalid with a cancellation and will be 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.
Cancellations within 24 hours are subject to a cancellation fee of 100%.
Vouchers and tickets will be charged as “no show”.

Right of use of image and film material

25. the passenger expressly agrees to the use of photos and film recordings made by Tandem-Air or its pilots during the flight for advertising purposes etc.

Risk information

26 We would like to point out that even with the greatest care and optimal flight progression, accidents with significant injury consequences (e.g. sprains, broken bones, cervical spine contusions, spinal injuries, concussions, in extreme cases death, etc.) cannot be ruled out when paragliding.
There is an increased risk during take-off and landing as a result of incorrect landing, landing or falling.

Final provisions

27 Austrian law shall apply exclusively to all disputes arising from this contract of carriage.

28 Should individual provisions of the GTC/BTB be invalid, this shall not affect the validity of the remaining provisions.
They shall be replaced by an appropriate provision that comes as close as possible to the invalid provision.
Place of jurisdiction Klagenfurt
[gzd_complaints]

Privacy policy

Declaration on the duty to inform
(privacy policy)

The protection of your personal data is of particular concern to us.
We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003).
In this data protection information, we inform you about the most important aspects of data processing on our website.
Contact us

If you contact us using the form on the website or by e-mail, the data you provide will be stored by us for six months for the purpose of processing the inquiry and in the event of follow-up questions.
We will not pass on this data without your consent.

Data storage
We would like to point out that for the purpose of simplifying the shopping process and for subsequent contract processing, the webshop operator stores the IP data of the connection owner in the context of cookies, as well as the name, address and credit card number of the buyer.
In addition, the following data is also stored by us for the purpose of contract processing: Your e-mail address.
The data provided by you is required to fulfill the contract or to carry out pre-contractual measures.
We cannot conclude the contract with you without this data.
Data will not be transmitted to third parties, with the exception of the transmission of credit card data to the processing bank institutes / payment service providers for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfil our tax obligations.
After the purchase process has been canceled, the data stored by us will be deleted.
If a contract is concluded, all data from the contractual relationship will be stored until the expiry of the retention period under tax law (7 years).
The data name, address, purchased goods and date of purchase will also be stored until the expiry of product liability (10 years).
Data processing is carried out on the basis of the legal provisions of § 96 para. 3 TKG and Art. 6 para. 1 lit a (consent) and/or lit b (necessary for contract fulfillment) of the GDPR.

Cookies
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They do not cause any damage.
Some cookies remain stored on your end device until you delete them.
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Your rights
In principle, you have the rights to information, correction, deletion, restriction, data portability, revocation and objection.
If you believe that the processing of your data violates data protection law or your data protection rights have been violated in any other way, you can lodge a complaint with the supervisory authority.
In Austria, this is the data protection authority.
You can reach us at the following contact details:
Markus Dobernig Tandem-air Tel.: +43676 58 22 547 or info@tandem-air.at