Terms of Service
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1. General
Parataxi Gastein, Lois Grugger, Paragliding Gastein tandem flights undertakes to carry the person named in the registration or in the voucher as a passenger in the two-seater paraglider. Some of the flights are taken over by self-employed tandem pilots, in this case these tandem pilots are the organizers of the service and contractual partners of the air passenger (passenger). The entrepreneur on the flight ticket, which must be filled out before the tandem flight, is considered to be the organizer and contractual partner. The flight ticket is also the invoice for the service.
Parataxi Gastein, Lois Grugger is liable for the selection of a suitable and safety-conscious tandem pilot, but not for the service (tandem flight) itself. as well as the following conditions. Before boarding the flight, the passenger (in the case of children, a legal guardian or an accompanying adult) must read the contract of carriage carefully and confirm it with his signature. Immediately before take-off, the pilot instructs the passenger on the take-off procedures. If the passenger does not understand this instruction or cannot follow it for any reason, he must inform the pilot immediately. The necessary flight equipment will be provided. The following terms and conditions apply, changes require written confirmation by Parataxi Gastein, Lois Grugger. The conditions are recognized by sending a registration/order, paying the invoice amount, verbally issuing a transport order and/or signing/redeeming the voucher and when boarding the flight. The voucher customer expressly undertakes to inform the voucher recipient of the general terms and conditions and conditions of carriage.
The passenger expressly declares that they are physically and mentally healthy, that they do not have any heart or circulatory diseases, balance disorders, nervous disorders or other diseases, including chronic ones, and that they feel able to cope with the stresses of the flight. If there is any uncertainty about his fitness to fly, the passenger is obliged to have his fitness confirmed by a doctor. He undertakes to cancel the flight if there is no theoretical instruction or if he has not understood it in whole or in part. He undertakes to cancel the flight if he is under the influence of alcohol, drugs or medication. The passenger undertakes to wear appropriate clothing (weather and windproof, suitable for dirt), sturdy shoes (reaching above the ankles) and gloves.
The legally required flight equipment is provided by the pilot. In the case of underage passengers, the signatures of both legal guardians or the legal representative(s) are required. The passenger undertakes to follow the pilot's instructions unconditionally and immediately and, in particular, to run with the pilot at a reasonable speed during take-off until he is expressly requested by the pilot to stop running. A willingness to walk is also required when landing. This is for your own safety. In particular, failure to follow the theoretical briefing and instructions during take-off, flight and landing can endanger passengers and pilots. Failure to follow the pilot's instructions may exclude the passenger from flight operations. In the event of an infringement, the right to carriage expires without the right to a refund of the flight fee. The passenger is liable for damage to the equipment, pilot or third parties caused by failure to follow the instructions of the pilot.
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2. Appointment / weather
The date of the flight will be coordinated with the passenger at short notice and agreed depending on suitable weather conditions. We expressly point out that, despite fixed dates, there is no entitlement to transport if the weather conditions or other factors do not permit this. In the event of a postponement or cancellation, there is no right to compensation, reimbursement or reimbursement of other expenses incurred. The decision as to whether a planned flight will take place rests solely with the pilot. However, the right to catch up the flight remains. The details of the execution of the flight are determined by the pilot. The respective pilot is always responsible for the execution of the flight. The pilot has the right to cancel the flight if he considers the passenger unsuitable or if he considers the external conditions (weather, wind, terrain, material) to be unsuitable. Getting to the airport is the responsibility of the passenger. The costs for cable car rides and the like are not included in the flight fee for the flight offer.
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3. Liability and Insurance
The passenger acts at his own risk. We expressly point out that participation in flight operations can result in an increased risk to the health, life and property of the passenger! Especially when starting, we are also moving in alpine terrain, with all the associated dangers!
The pilot's liability begins with the connection of the passenger to the aircraft during take-off and ends with the disconnection of the passenger/aircraft after landing. The pilot assumes no liability for any damage that occurs before or after the flight.
The passenger is liable for damage to the passenger, third parties and things caused by simple negligence on the part of the passenger, and the pilot's liability is excluded. The exclusion of liability applies regardless of the reason for the claim, the cause and course of the damage, as well as the type and amount of the damage. It applies to accidental damage and other damage to health, personal injury and property damage, material and immaterial damage and consequential damage. It does not apply if an insurance company pays for the damage without recourse to the pilot. It is also expressly the case that liability exists for any type of claim up to the amount of the legally prescribed or legally defined sums insured. Insurance protection exists within the framework of the prescribed insurance by the pilot. Statutory liability insurance has been taken out for the benefit of the tandem passenger and the items transported with him.
Parataxi Gastein or the tandem pilot is only obliged to compensate if the damage was caused intentionally or through gross negligence by an act or omission of Parataxi Gastein, or its people or persons it uses to fulfill the contract of carriage. In any case, there is no liability if the carrier and his staff have taken all necessary measures to prevent 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 this purpose. Claims going beyond this can only be asserted in the event of intent or gross negligence.
The passenger is responsible for the shockproof packaging of photo and film equipment and other valuables. The items are to be secured in such a way that loss during the flight can be ruled out. Pointed, sharp or glass objects, weapons, pressurized containers, explosives and detonators as well as pyrotechnic flares may not be taken on the flight.
Parataxi Gastein is not liable for damage that occurs on the way to the launch site and from the landing site.
Exclusion or limitation of liability also apply in favor of the self-employed tandem pilots
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4. Flight booking / redemption of flight voucher
A flight can be booked verbally or in writing at any time via the channels offered (by telephone, by email, via the website or directly). Parataxi Gastein will carry out the service specified at the time of booking with you on the agreed date.
A flight voucher entitles you or the person you designate to book a paragliding tandem flight for one person after full payment within the validity period, regardless of the current price of the flight.
For two or more people, a corresponding number of vouchers must be bought and redeemed or flights booked by telephone/directly/by email. A value voucher can also be issued instead of a flight voucher. A voucher entitles you to choose a specific tandem flight from the offer on the Paragliding-Gastein homepage. If the price of the selected tandem flight is lower than the value of the voucher, the purchaser will receive a new voucher for the difference. If the price of the selected flight is higher, the difference must be paid later. A payment of the difference is excluded.
5. Payment
By verbal/written commitment or booking via the website, the passenger undertakes to make a binding payment. The flight fee is payable without deduction. When booking or reserving a passenger flight (by placing an order in writing or verbally), the fee is payable to the pilot immediately after the flight has taken place. The booking will be confirmed by Parataxi Gastein in writing, by telephone or by email.
If a voucher is booked, it will be sent to the customer immediately with the invoice. The payment of the purchase price of a voucher including shipping and/or packaging costs is made on account or by direct bank transfer and is to be paid within the payment period specified on the invoice. If the full purchase price is not paid within the payment period, you will receive a payment reminder from Parataxi Gastein. This payment reminder/warning puts you in default. From this point in time you have to pay the statutory interest on arrears and any damage incurred as a result of the delay. If the reminder is not sent, the statutory claims regarding the consequences of the default in payment shall apply. Delivery will be made to the person and address you specify. Our delivery times are usually 2-5 working days and are extended in the event of strikes and cases of force majeure for the duration of the delay. Without prejudice to any legal rights you may have, we ask you to check the voucher for accuracy upon receipt and to inform Parataxi Gastein immediately of any discrepancies or changes.
Vouchers expire 5 years after the date of issue. Special regulations are possible by arrangement in individual cases. The voucher must be brought with you on the day of the flight and handed over to the pilot.
In the event of non-compliance with fixed appointments, the entire fee must be paid. The pilot may refuse boarding in the event of an excessive delay if subsequent flights are endangered by the delay.
6. Withdrawal by the passenger / cancellation policy
As a consumer, you have the right to revoke your contractual declaration within 14 days of receipt of the goods (e.g. voucher) in text form (e.g. letter, fax, e-mail) without giving reasons or by returning the goods. A later revocation is not possible. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. In the event of cancellation, the purchase price will be refunded to the buyer without cash, excluding postage, packaging and processing fees. This requires the customer to provide their account details. The right of withdrawal does not exist if the voucher has already been redeemed.
Parataxi Gastein can refuse the repayment until Parataxi Gastein has received the voucher back.
After booking a flight with Parataxi Gastein (whether in writing or verbally), the customer can cancel his booking at any time if Parataxi Gastein is informed.
The voucher to be redeemed expires if fixed dates are not observed.
7. Final Provisions
Should individual provisions of the General Terms and Conditions be ineffective, the effectiveness of all other points remains unaffected. They should be replaced by an appropriate provision that most closely corresponds to the ineffective provisions. Austrian law applies exclusively to all disputes arising from this contract of carriage.
The exclusive place of jurisdiction is the district or regional court responsible for 5600 St Johann.
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To contact us, please send an email to:
Parataxi Gastein
Lois Grugger
Mühlbachstrasse 14
5632 Dorfgastein