Terms of Service
Florian Hasenauer - Fly'n Soul, hereinafter referred to as Fly'n Soul, is the organiser of paragliding tandem flights. Some of the flights are taken over by independent tandem pilots, in which case these tandem pilots are the service organiser and contractual partner of the passenger (passenger). The operator and contractual partner is the entrepreneur who is named on the flight ticket to be filled out before the tandem flight. The flight ticket is also an invoice for the service.
If the tandem pilot who issues the flight ticket and carries out the flight differs from Florian Hasenauer, Fly'n Soul is liable for the selection of a suitable and safety-conscious tandem pilot, but not for the performance (tandem flight) itself.
The transportation of people in tandem paragliders and all other services that Fly'n Soul provides are subject to Austrian law, in particular the aviation law provisions, as well as the following conditions.
Before starting the flight, the passenger (in the case of children a legal guardian or an adult accompanying person) must read the contract of carriage carefully and confirm it with his signature. Immediately before take-off, the pilot is instructed by the pilot in 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.
INSURANCE AND LIMITATION OF LIABILITY
Statutory liability insurance has been taken out for the benefit of the tandem passenger and the items carried with them.
Fly'n Soul or the tandem pilot is only obliged to pay compensation if the damage was caused intentionally or through gross negligence by an act or omission by Fly'n Soul or the respective pilot. In any case, liability is not given if the carrier and his vicarious agents have taken all necessary measures to prevent the damage or if such measures could not be taken. The liability of the carrier is limited to the amount of insurance taken out for the items carried by the tandem passenger. Any further claims can only be made in the event of intent or gross negligence.
The passenger is responsible for the shockproof packaging of photographic and film equipment as well as other valuables. The objects are to be fastened in such a way that loss during the flight can be excluded. Pointed, sharp or glass objects, weapons, pressurized containers, explosives and detonators as well as pyrotechnic lighting sets must not be taken on the flight.
Fly'n Soul is not liable for damage that occurs on the way to the take-off and from the landing site.
Exclusion or limitation of liability also applies mutatis mutandis in favor of the employees, independent tandem pilots and authorized representatives of Fly'n Soul.
REPORTING OBLIGATIONS OF HEALTH DISORDERS
The passenger is obliged to inform Fly'n Soul and the tandem pilots of impairments to their state of health that result in an increased risk (e.g. cardiovascular diseases) or restrictions in their mobility, which could lead to an increased risk of injury during take-off and landing.
In any case, the following must be reported:
Serious accidents within the past 12 months
Serious diseases of the heart, spine, intervertebral discs, high blood pressure, organ problems or the like. A disease is considered serious as soon as you are or are under medical treatment for it.
Mental or psychological impairments (drug addiction, impaired consciousness or similar) within the past 12 months
Alcohol consumption within the last 12 hours before the flight.
If it is not clear about your own health suitability for flight, you have to inform yourself at Fly'n Soul about the suitability.
The passenger agrees to wear appropriate clothing (weatherproof and windproof, suitable for soiling), if possible sturdy shoes (reaching over the ankles) and gloves.
DATES AND IMPLEMENTATION
Fly'n Soul offers tandem flights all year round. Restrictions may arise due to the weather and in the individual flight areas due to the operating times of the mountain railways. An online calendar is available at for making reservations. Appointments can also be made by phone or email.
We expressly point out that despite fixed appointments, there is no entitlement to carry out the tandem flights if the weather conditions in the flight area do not allow this. In the event of a postponement or short-term cancellation, there is no entitlement to compensation or reimbursement of other expenses incurred, but there is a right to catch up on the flight. Fly'n Soul endeavors to provide timely information about the feasibility of the flight.
Cancellations due to weather conditions do not require objective evidence; the subjective impression of the pilot in charge is sufficient.
The flight duration depends on various weather influences, which means that a uniform flight time cannot be guaranteed.
The passenger is obliged to follow the pilot's instructions when taking off and landing as well as during the flight.
PAYMENT CONDITIONS / VALIDITY VOUCHER
By ordering the voucher, the purchaser undertakes to pay the purchase price within 7 days without deduction after receiving the voucher. When booking a tandem flight without a voucher, the flight price is payable in cash immediately after the flight has been carried out.
Vouchers expire 36 months after the date of issue. Special arrangements are possible after consultation in individual cases. The voucher must be brought along on the day of the flight and handed over to the pilot.
RIGHT OF WITHDRAWAL
According to the KSchG, claims for repayment of the purchase price exist within 14 days after receipt of the voucher without giving any reason. It is sufficient to return the voucher within this period.
The passenger can withdraw from the agreed event date at any time by email to email@example.com. Withdrawals up to 4 days before the booked date are possible free of charge, from 3 days to 24 hours in advance cancellation costs of 50% will be charged. With the cancellation, any vouchers or tickets already issued will become invalid. A refund of the remaining purchase price is excluded. This also applies to vouchers or tickets from the sales partners. For cancellations within 24 hours, the cancellation fee is 100%.
RIGHT TO USE PICTURE AND FILM MATERIAL
The passenger expressly agrees to the use of the photos and film recordings made by Fly'n Soul or its pilots of the flight, which can also be clearly shown to the passenger, for their own advertising purposes.
We would like to point out that paragliding accidents cannot be ruled out. Even with the greatest care accidents with possibly significant injuries (e.g. sprains, broken bones, cervical spine bruises, spinal injuries, concussions, in extreme cases death) might occur. There is an increased risk during take-off and landing.