GTC

General Terms and Conditions of the Salzkammergut Flying School

1. SCOPE OF APPLICATION

The following general terms and conditions apply to all offers for services provided by Flugschule Salzkammergut, Konrad-Lesiak-Platz 5, 5340 St. Gilgen. Flugschule Salzkammergut belongs to Salzburg OG, Bundesstraße 16, 5071 Wals-Himmelreich (FN 565751m, LG Salzburg), hereinafter referred to as FSS, which is used by its customers, hereinafter referred to as participants

2. SERVICES/EVENTS OF THE FSS

FSS offers the following paragliding services as part of its commercial activities:

1. Trainings
2. Further training
3. Trade, rental and leasing
4. Tandem flights

FSS undertakes to have the services it offers, hereinafter also referred to as events, carried out by persons (vicarious agents) who have the legally required training and sufficient experience.

3. GENERAL REQUIREMENTS FOR PARTICIPATION AND PARTICIPANTS

The services offered by the FSS assume that the participants are physically and mentally able to take part in the respective event, which is also confirmed with the registration.

If participants are not clear about this participation requirement, they must consult with the FSS to clarify this and are obliged to inform the FSS of all circumstances that could be relevant to the assessment.

Unless it is a tandem flight or basic training, participants must have a valid license to fly the aircraft they are piloting and any legal requirements for participation in the relevant event must be met, which is also guaranteed with the registration required for the respective event.

If participants use their own equipment, they must also ensure that the equipment they use is fit for purpose, complies with legal requirements and is suitable for the event in question.

Furthermore, participants must ensure that they are sufficiently familiar with the equipment they are using to be able to take part in the event. Participants are also responsible for ensuring that they have adequate insurance cover for the intended event, in particular statutory liability insurance, mountain cost insurance, international health and repatriation insurance, cancellation insurance, etc.

4. CONCLUSION OF CONTRACT

The contract for participation in the event is concluded upon written acceptance of the participant’s written registration by the FSS.

5. SCOPE OF SERVICE, SERVICE PERIOD, PLACE OF SERVICE PROVISION

The specific scope of the services to be provided by FSS is set out in the service description in the annual program, which is published by FSS in a brochure available at the FSS business premises and sent to customers by post, as well as on the homepage paragleiten. The annual program is hereinafter referred to as the annual program for short, whereby it is pointed out that events may change, so that in case of doubt, announcements on the homepage must be observed, as the printed version of the annual program is sent out at the beginning of each year and there is then no longer any possibility of taking current events into account, but on the homepage there is.

For all services offered by the FSS, however, it should be noted that travel to and from an event, as well as accommodation at the event location, are not part of the services offered, but must always be organized by the participant himself and on his own responsibility, whereby the meeting points are always announced in good time in advance.

The FSS reserves the right to offer participants a ride if there are free seats in the FSS vehicle.

However, such a ride is not part of the services to be provided by FSS, but may be provided free of charge, to which the participants have no legal claim, unless otherwise agreed individually.

In the event of the provision of services at a location that requires overnight accommodation away from home, FSS will, where possible, reserve appropriate accommodation, whereby the conclusion of a corresponding accommodation contract is the responsibility of the respective participant.

Participants are of course free to organize their own alternative accommodation, but must inform the FSS of this when registering.

5.1 Paragliding training

FSS paragliding training is carried out in accordance with the relevant legal requirements and includes both theoretical and practical training by authorized instructors, each of which ends with an examination.

At the request of the participants, the FSS will provide the flying equipment for the training; the participants only have to bring their own suitable clothing, shoes and protective equipment. These will be announced by the FSS before the start of the event. For the first five high-altitude flights, the necessary material will be provided free of charge; for the remaining high-altitude flights, a separate agreement must be made with the FSS.

5.2 Further training

The FSS training program consists of the following events:

1. a) Groundhandling training
2. b) Route authorization
3. c) Safety training
4. d) Tandem course
5. e) Private coaching
6. f) Hike&Fly
7. e) Travel

The cross-country license and the tandem course consist of theoretical and practical training, each of which must be completed with an examination during the event.

The services offered by the FSS are limited to familiarizing participants with the respective flight areas of the destination.

At least one flight instructor always takes part in FSS trips, who can also conduct individual training sessions with the participants should the need arise.

For these events, training courses and trips, participants must ensure that they meet the necessary legal requirements for participation; if there are any uncertainties in this regard, they can contact the FSS for further information.

During training courses and trips, participants must bring their own equipment and ensure that it is in airworthy condition and meets all technical and legal requirements.

In particular, participants must also ensure that adequate insurance cover is guaranteed at the venue of the event.

For the training courses and trips offered, it is assumed that the participants carry out the flight on their own responsibility, from the flight preparation to the take-off decision to the landing, whereby the take-off sequence can be specified by FS, whereby FSS and its employees ensure that the individual skills of the participants are increased and refined wherever possible.

5.3 Trade, rental and leasing

The current General Terms and Conditions of the partner company of FSS, Paragliding-Store OG (FN 489284k, LG Salzburg), which has its registered office at the same location as FSS and where these General Terms and Conditions are also displayed, apply to the commercial sector. When renting equipment, a contract is concluded free of charge on an individual basis, which is concluded by handing over the rental item to the borrower.

In the case of rental, a rental agreement for equipment is concluded on an individual basis, in which it is specified which equipment is provided for use, for what fee and for how long. The borrower is obliged to return the rental item after the agreed period and is liable for any damage that goes beyond normal wear and tear.

Unless otherwise agreed, the rent must be paid in advance.

In the case of rental and lending, the handover and return shall take place at the FSS business premises during business hours, unless otherwise agreed.

In the event of late return, the borrower/tenant undertakes to pay a usage fee amounting to twice the agreed rent, or in the absence of such a rent, a reasonable rent.

The borrower/lessee shall be liable for any damage resulting from improper use and undertakes to notify FSS immediately of any damage or irregularities.

The use of loaned and rented items is always at the user’s own risk; the hirer/borrower is obliged to ensure that all legal requirements necessary for use are met and that he is actually in a position to use the rented item properly, in particular that he has the necessary skills to do so and that the use is covered by his insurance.

5.4 The performance period for the service to be provided by FSS is also set out in the individual agreement or in the annual program, whereby FSS reserves the right to bring the performance period forward or back by 2 days if this occurs for reasons that are conducive to the safety or usefulness of the event, in particular due to weather conditions that cannot be influenced and are difficult to predict. Participants must therefore take precautions to ensure that they are able to attend such a minor postponement.

5.5 The place where the service is to be provided is also determined by the individual agreement or the annual program, whereby FSS reserves the right to change the place where the service is to be provided if this is done for reasons that are conducive to the safety or usefulness of the event, in particular due to weather conditions that cannot be influenced and are difficult to predict.

6. TANDEM FLIGHTS

FSS organize tandem paragliding flights. The flights are carried out by independent tandem pilots. The organizer and contractual partner is the company stated on the flight ticket. This flight ticket, which must be completed in full before the start of the tandem flight, also serves as an invoice for the service provided.

6.1 The flight school assumes liability for the careful selection of a suitable and safety-conscious tandem pilot. However, no liability is assumed for the performance of the tandem flight itself.

6.2 The transportation of persons in tandem paragliders and all other services provided by the flight school are subject exclusively to Austrian law, in particular the provisions of the Austrian Aviation Act and the following conditions.

6.3 Service description

The services of the tandem pilots include:

• Briefing on the tandem flight procedure
• Provision of the necessary equipment (harness, helmet, paraglider)
• Carrying out the tandem flight

Travel, meals and other personal expenses are not included.

6.4 Requirements for participants

6.4.1 Before boarding the flight, the passenger (in the case of minors, a legal guardian or an accompanying adult) is obliged to read the contract of carriage carefully and to confirm this by signing it.

6.4.2 Immediately before take-off, the pilot will give instructions on take-off procedures. If the passenger does not understand this briefing or is unable to follow the instructions for any reason, the pilot must be informed immediately.

6.4.3 The consent of a parent or legal guardian is required for minors.

6.4.4 Maximum weight: 120 kg

6.4.5 Good health (no cardiovascular diseases, no serious orthopaedic problems, no pregnancy).

6.4.5 Participants undertake to follow the pilot’s instructions.

6.5 Booking and payment

6.5.1 Bookings can be made via the website, by telephone or directly on site.

6.5.2 The fare is to be paid directly to the pilot.

6.5.3 Vouchers can be used as a means of payment, provided they are valid and have not expired.

6.6 Weather conditions

Tandem flights are heavily dependent on weather conditions. The decision as to whether a flight can be carried out lies solely with the pilot. If a flight is canceled due to weather conditions, an alternative date will be arranged. Cancellations due to weather conditions do not require objective evidence. The subjective impression of the pilot in charge is sufficient to cancel the flight.
The duration of the flight depends on various weather conditions, which means that no uniform flight time can be guaranteed.

6.7 Withdrawal and cancellation

6.7.1 The customer may cancel free of charge up to 48 hours before the scheduled flight date.

6.7.2 Cancellations made within 48 hours of the flight will incur a cancellation fee of 50% of the fare.

6.7.3 Cancellations within 24 hours will be charged at 100%. Vouchers and tickets will be charged as “no show”. In the event of a no-show without prior cancellation, the full fare will be charged.

6.8 Liability

6.8.1 The flight school is only liable for intent and gross negligence. Liability for slight negligence is excluded, provided that no essential contractual obligations are affected.

6.8.2 The participant flies at his/her own risk. By booking, the participant confirms that he/she is aware of and accepts the risks of paragliding.

6.8.3 The flight school accepts no liability for personal items that are lost or damaged during the flight.

6.9 Insurance

There is liability insurance for the tandem flights carried out. It is recommended that you take out your own accident insurance.

7. PARTICIPANTS’ DUTY TO COOPERATE

By registering for an FSS service, participants undertake to contribute to the success of the respective event to the best of their ability.

In particular, this duty to cooperate includes a duty to provide information. Participants shall inform the FSS staff in full of any circumstances and perceptions that may be relevant to the event in question, in particular any irregularities. This applies to them personally as well as to other participants, the material and aircraft used and the entire environment.

Participants also undertake to follow the instructions of the FSS staff at all times, as flying is associated with numerous dangers which can only be correctly assessed by the FSS staff if a complete information base is available.

The participants undertake to do everything in their power and level of training to ensure that the event runs as safely as possible for all participants. In the event of repeated non-compliance with instructions, FSS may exclude participants from further participation in an event without the participant being entitled to a refund or reduction of the fee.

8. FEES/PRICES & TERMS OF PAYMENT

The prices for each event will be announced in the annual program. These prices cover the services to be provided by the FSS.

At the same time as the registration, a deposit of € 100,–, which is to be credited against the fee, must be paid, either by bank transfer to an account to be specified by the FSS or in the form of a cash payment to the FSS.

Payment of the remaining fee must be received by the FSS no later than 14 days before the start of the event.

9. REVOCATION AND CANCELLATION/WITHDRAWAL

Contracts can be revoked by the participants in writing within 14 days of the declaration of acceptance by FSS.

In the event of a later withdrawal/cancellation, the following fees will be charged:

• Up to 30 days before the agreed start of the event: € 70 cancellation fee
• 29 to 20 days before the start of the event: 50% of the agreed event price
• 19 to 14 days before the start of the event: 75% of the agreed event price
• 13 to 0 days before the start of the event: 100% of the agreed event price

Any cancellation or withdrawal costs relating to accommodation at the event location or the means of transportation are naturally not affected by this regulation and must be agreed directly with the respective contractual partner (accommodation or transportation company).

The FSS points out that such cancellation costs can be covered by taking out cancellation cost insurance and recommends taking out such an insurance policy.

The FSS reserves the right to cancel an event if the weather conditions are not likely to allow the event to take place or if the minimum number of 6 participants is not reached.

In this case, the payments already made for other events will be retained as a credit and can be used by the participants or third parties for other events.

10. LIABILITY/WEATHER

The liability of the FSS and its vicarious agents for damages to the participating person for slight negligence is excluded. With their written registration, participants confirm that they are aware that paragliding is a high-risk sport that requires a high degree of personal responsibility and discipline.

Since the weather cannot be predicted with the necessary certainty, it is also not possible to guarantee that the desired or planned flights can actually be carried out.

In particular, no guarantee can be given that a certain number or quality of flights or flight hours or a certain training objective can be achieved.

12. PHOTOGRAPHS, VIDEO RECORDINGS, COPYRIGHT CLAIMS

Photographs and video recordings are made by the FSS and other event participants during the events.

By registering for an event, participants declare that they consent to the publication and forwarding of photographs and video recordings taken during an FSS event to other participants at the event and that they may only revoke this consent if there are serious reasons for doing so, whereby the revocation will be made in writing.

Photographs and video recordings made during FSS events may be reworked and altered by the FSS and the other participants at will and, in the case of publication on the Internet, in particular on social media platforms, it is not necessary to name the author.

Photographs and video recordings made by the FSS and passed on to participants against payment or free of charge may only be used for private purposes; in this respect, only a license to use the work in the sense of copyright law is granted.

Any other use, in particular any disclosure to third parties, modification or processing of the files and image carriers requires the express consent of FSS.

13. DATA PROTECTION LAW

FSS processes and stores participants’ personal data for its business purposes and is expressly authorized to do so by the participants.

14. JURISDICTION/APPLICABLE LAW

For disputes arising from a contractual relationship, as well as for disputes concerning a contractual relationship, the contracting parties agree that the local court in the city of Salzburg shall have exclusive jurisdiction.

Austrian law shall apply exclusively to agreements concluded in accordance with these terms and conditions.