General terms and conditions for Tandemflights with – „Next Outdoor Generation“

General

1. The individual entrepreneur Christoph Kurz and Outdoor Kaiserwinkl GmbH, offer, under the name of “Next Generation Outdoor – NOG”, tandem paragliding flights . Basically, the two said individual entrepreneurs carry out the flights by themselves and thus occur as operators and contractors . Flights, although booked on NOG but not carried out by Mr. Kurz or Outdoor Kaiserwinkl GmbH, can be taken over by independent tandem pilots . In this case, these tandem pilots are organizers and contractors of the passenger. The organizer and contractor is the pilot (entrepreneurs ) applicable on the flight ticket . It is obligatory for these tickets to be filled in before the tandem flight . It shall be construed as a bill and also as an acknowledgment for all the following contractual terms (insurance, etc.).

Terms and Conditions

2. Only Austrian law, particularly the aviation regulations, is valid.
3. Prior to the flight the passenger (with children – a legal guardian or an adult traveling companion of the children) must read the Contract and take note with his signature as a confirmation.
4. By sending the registration / order form or by oral agreement, the specified terms and conditions are thus accepted.

Insurance – Limitation of Liability

5. As required by law, every passenger is insured against liability for tandem paragliding flight.
6. Liability of tandem pilots is only given when the damage occurs through an act or omission that was caused deliberately or by negligence of the pilot.
7. The passenger is liable itself and any liability for any damage is excluded for the transportation of fragile or easily damaged items (mobile phone, camera, etc. for example).
8. All items are stowed or fixed so that a loss is impossible during flight and a danger to humans, animals and goods can be excluded. The possession of explosive or fire hazardous items is prohibited.
9. For all damages / accidents that will occur on the way to the launch site and the landing area, the pilots also assume no liability.
10. The exclusion or limitation of liability shall apply mutatis mutandis also in favor of the employee or officials of the pilots.

Health status of the passenger

11. In general only fit and healthy people are allowed to participate in a tandem paragliding flight! The following diseases or conditions are grounds for exclusion:
    • cardiovascular diseases
    • middle ear disease
    • pregnancy
    • alcohol or drug use
    • any other disease or infirmity affecting the airworthiness
12. Each passenger is obliged to point out of a possible issue leading to exclusion, with omission liability extinguished by the operator (the pilot). Each tandem pilot has the right to refuse, when concerns arise regarding the safety of the person hoping to participate.

Equipment

13. The passenger should wear clothing and footwear appropriate to the weather conditions on the day. Sturdy footwear is a necessity along with windproof and warm clothing. It is also noted that there may be a chance of getting dirty, but no claims can be derived from it.
14. The flight equipment and the helmet will be supplied by the organizer.

Dates and time of the flight

15. It is expressly pointed out that, despite firmly agreed deadlines, weather or wind conditions may lead to the flight being rescheduled or canceled at the flying area. In such cases no right to compensation consists of any expenses. The entitlement to a subsequent flight remains.
16. The flight path and the intended landing site can for safety and other important reasons be changed at any time and subject without entitlement to any compensation.
17. The flight time depends on weather conditions and wind conditions at the day of the flight. There can therefore be no fixed flight time guarantees.
18. The passenger is obliged during takeoff and landing and during the flight to make sure to follow the instructions of the pilot 

Payment / validity of the voucher

19. If you book a tandem flight without a voucher the fare must be paid immediately after execution of the flight in cash.
20. The purchaser of a voucher must transfer the designated amount within 7 days after receipt of the voucher. The voucher must be handed to the pilot before the flight.
21. Vouchers expire 24 months after the date of issue. Special arrangements are available upon request in individual cases.

Withdrawal / cancellation fees

22. Claims for reimbursement of the purchase price made ​​by the Consumer Protection Act within 14 days after receipt of the voucher without giving reasons. It is sufficient to return the voucher within this period.
23. The passenger may withdraw at any time from the agreed date by mail to “info@tandem-paragleiten.tirol“. Resignations to 24 hours before the flight date won’t be charged. For resignations within the 24 hour period, the client will be charged 100 %.

Usage rights of images and footage

24. The passenger expressly agrees to “Next Generation Outdoor “, that the air photos and film footage can be used for promotional purposes.

Risk disclosure

25. It should be noted that, even with the greatest of care and optimal flight progress, certain injuries (bruises, sprains, fractures, cervical bruises, spinal injuries, concussions, in extreme cases death) cannot be ruled out when paragliding. There is an increased risk during takeoff and landing by incorrect impact, footing or falls.

Final statement

26. For all disputes arising from this contract of carriage Austrian law applies exclusively. Jurisdiction is the district court Kitzbühel.
27. No employee or representative of the pilot has the right to amend, modify or discontinue provision of this Agreement. If any provision of this Agreement is held invalid, the validity of the remaining provisions shall not be affected.
28. If any provision of the Terms is invalid, the validity in all other respects shall remain unaffected. In its place is an appropriate provision which corresponds to the invalid provisions as closely.