Heliflieger Germany GmbH
Terms and Conditions – General terms and conditions and customer information
- Scope, definitions
1.1. The Heliflieger Deutschland GmbH, entered in the commercial register of Munich under number HRB 215883 (hereinafter "HF"), sold at www.Heliflieger.com Vouchers for Helicopter Tours (“Tours”), other services and supplies. After the purchase, the specific redemption can also be made on a specific date via the website www.Heliflieger.com to be performed. Contractual partners as buyers of the vouchers (hereinafter "customers") can be both consumers and entrepreneurs.
- A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity.
- An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
- Participants in a sightseeing flight (hereinafter referred to as “participants”) can be either the buyer himself or the authorized holder of a voucher.
1.2. The sightseeing flights are carried out by authorized sightseeing flight companies, clubs (hereinafter "organizers" or "partners") or auxiliary persons (hereinafter "pilots") who, with the redemption of the voucher, are both the contractual and executing air freight carrier and organizer, while HF acts purely as an intermediary (see also 11.2. Liability).
1.3. These general terms and conditions apply to all contracts and appointments made by a customer or participant with HF with regard to the information on the website www.heliflieger.com or referring websites concludes vouchers and / or events. In addition, they also apply to contracts that are made without the involvement of a website. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
- Conclusion of contract
2.1. The products described on the HF website do not constitute binding offers on the part of HF, but serve to enable the customer to submit a binding offer.
2.2. When ordering vouchers, the customer can submit the offer using the online order form provided on the website. After placing a product in the shopping cart and entering their personal data in the online order form, the customer submits a legally binding contract offer in relation to the selected item by clicking the button that concludes the ordering process. Furthermore, the customer can also submit his offer by telephone, fax, e-mail or post. With the submission of the offer, these General Terms and Conditions are deemed to have been accepted.
2.3. HF can accept the offer of the customer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax, email, post), whereby the receipt of the order confirmation by the customer is decisive, or by sending the Requests customers to pay after placing their order. HF can also accept the customer's offer by HF sending the voucher by email or post within the aforementioned period, whereby the receipt of the voucher by the customer is decisive.
2.4. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent.
2.5. When submitting an offer via HF's online order form, the organizer saves the contract text and sends it to the customer in text form (e.g. email, fax or letter) after submitting his order along with the present GTC.
2.6. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the information provided by him for order processing, especially the e-mail address, is correct so that the e-mails sent by HF can be received at this address. In particular, the customer must ensure that all e-mails sent by HF or by third parties commissioned to process the order can be delivered and that spam or junk folders are regularly checked for incorrectly sorted e-mails.
2.7. Restrictions such as available dates, minimum number of participants or maximum body weight apply to certain offers. Weight restrictions may vary depending on location and helicopter type and are available on the website prior to booking and upon appointment booking/voucher redemption. The buyer undertakes to be responsible for the contractual obligations of all participants who have registered.
2.8. A flight time is usually given for flight offers. Either the time it takes for the engine to start up until it is ready for take-off and the time it takes to switch it off after the flight or for the passengers to board and disembark count towards the booked flight time. Depending on the type of helicopter and the situation, this so-called block time can be up to 3 to 5 minutes per switch-on or switch-off process.
2.9. In addition to physical goods such as key fobs, only vouchers with a certain nominal value in euros are sold. If the nominal value of the voucher is not noted directly on the voucher, the associated order confirmation, which shows the nominal value of the voucher, is part of the voucher. The voucher can only be redeemed for events that are carried out by HF itself or arranged by HF. If the voucher can only be redeemed for a specific event, this is specifically stated on the voucher.
2.10. If the buyer is a minor, the contract between the organizer and the minor customer requires the consent or approval of the legal representative of the minor. In this case HF reserves the right to make the conclusion of the contract dependent on the proof of a corresponding consent or approval.
2.11. Vouchers that were not purchased directly from HF but through another intermediary are only valid if the mediation has been successfully completed. This is the case when the customer has received the valid voucher and the corresponding amount has been received by HF.
- Right of Cancellation
3.1. If the customer's contractual declaration is aimed at acquiring a voucher and if the customer acts as a consumer when submitting his contractual declaration, he is entitled to a right of withdrawal with regard to his contractual declaration as follows:
Right of Cancellation
You can revoke your contract declaration within 14 days after the conclusion of the contract in writing (e.g. letter, fax, email) without giving any reason. To meet the cancellation deadline, it is sufficient to send the cancellation in good time. The revocation must be sent to:
Heliflieger Deutschland GmbH, Spiegelstr. 11, 81241 Munich, email: info @heliflieger.com
In the event of an effective cancellation, the services received on both sides must be granted back and any benefits (e.g. interest) drawn up must be surrendered. If you are unable to return or return the received performance and uses (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for the uses made, insofar as the use or the deterioration can be attributed to handling the item that goes beyond checking the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop, for example. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the thing to be returned does not exceed an amount of 40 euros or if you have not received the consideration or a higher price of the thing at the time of the cancellation have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
End of withdrawal
3.2. If the customer's contractual declaration is directed to the direct booking of a sightseeing flight, then there is no right of withdrawal according to § 312b (3) No. 6 BGB if HF undertakes to complete the sightseeing flight at a specific time or within a precisely specified period of time when the contract is concluded.
3.3. If the customer completes an online appointment registration within the revocation period or specifies a specific date request when booking, the customer voluntarily gives up his right of revocation early.
- Prices and terms of payment
4.1. The prices given for physical products are final prices and include statutory sales tax. On request, customers will receive an invoice with sales tax by email. Vouchers can be redeemed for all products and are exempt from VAT.
4.2. HF offers various payment options, which are stated on the website. Transfers must be made free of charge.
4.3. Payment in advance is always agreed, ie payment is due immediately after conclusion of the contract and before the flight, unless otherwise agreed.
4.4. Default occurs automatically and without reminder 14 days after booking confirmation or invoicing, unless otherwise agreed. A reminder fee of €5 per reminder will be charged for private customers in addition to the interest on arrears. A flat rate of €40 is charged for business customers in accordance with Section 288 (5) of the German Civil Code.
4.5. For passenger transport flights with a flight start at location A and the destination at location B, the applicable passenger tax (currently € 8 net) will be charged per person and flight segment. Sightseeing flights (start at A and landing also at A) do not count as transport flights. Passenger transport flights are flight segments that end at a different place than they started (A to B).
4.6. Waiting times for aircraft and pilots are a flat rate of at least € 100 per hour or part thereof unless otherwise agreed.
- Delivery of vouchers
5.1. Vouchers are delivered in electronic form by email or - at the customer's special request - in printed form by dispatch to the delivery address specified by the customer. The specified shipping costs apply depending on the shipping method selected. The voucher is deemed to have been delivered upon delivery by email.
5.2. If the transport company sends the postal item back to HF because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the organizer had announced the service to him a reasonable amount of time in advance.
5.3. In principle, the risk of accidental loss and accidental deterioration of the thing sold passes to the customer or a person authorized to receive it. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a mail order purchase is transferred to a suitable transport person when the item is delivered to the organizer's place of business.
5.4. Lost vouchers will not be replaced.
- Validity and redemption of vouchers
6.1. Vouchers are redeemable up to the end of the third year following the year of purchase, after which they expire. The redemption takes place as described on the voucher. Payouts are excluded.
6.2. Before expiry, the validity of vouchers can be extended for 20% of the face value for 6 months. The renewal including receipt of payment must be completed before the expiry date of the voucher. After the expiration date, an extension is no longer possible.
6.3. The voucher holder is aware that these may be events that are usually offered from April to October and are also dependent on the weather and technology. He also acknowledges that he must take care of booking an appointment to redeem the voucher in good time during the season in which the voucher is valid. If the time at which the redemption request is received is so close to the end of the validity period - specifically after September 15 before the end of the period - that no appointment can be offered at the relevant location within the validity period due to seasonal reasons, the owner has the option of submitting a request under 6.2 . to follow the procedure described.
6.4. Mediation: If HF does not carry out the event itself, by redeeming the voucher, HF concludes a contract for the implementation of a specific event with the selected organizer on behalf of the voucher holder and uses the value of the voucher to be redeemed as a means of payment on behalf of the voucher holder. HF reserves the right to change the organizer later if this is necessary taking into account the overall circumstances and is reasonable for the voucher holder.
6.5. If the holder of a voucher relating to a specific event would like to redeem the voucher for another event, an amended voucher must be issued for presentation to the organizer on the day of the event. HF reserves the right to charge a processing fee of EUR 20,00 for this. However, the voucher holder is permitted to prove that a corresponding effort was not incurred at all or that it is significantly lower than the flat rate.
6.6. If the value of the voucher exceeds the valid price for the selected event at the time of redemption, the remaining value remains redeemable until the end of the validity period of the voucher. If the value of the voucher is not sufficient to cover the price valid at the time of redemption for the selected event, the difference can be paid with another payment method or a cheaper event can be selected. This also applies if the event planned at the time the voucher was purchased is no longer offered at the time the voucher is redeemed.
6.7. In the event of a return requested by the customer, which can be granted on a case-by-case basis purely as a gesture of goodwill, a processing fee of 40% of the purchase price will be retained. The customer is permitted to prove that a claim for the flat-rate processing fee, damages or similar did not arise at all or that the costs were significantly lower.
6.8. Vouchers are transferrable. HF or the partner can make payments to the respective owner (e.g. a recipient) who redeems the voucher with liberating effect. This does not apply if HF or the partner has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective owner.
6.9. HF reserves the right to refuse the redemption of a voucher to the respective holder if the holder does not have the necessary entitlement to participate or suitability according to Section 8.
- Appointment agreement, initiation, change or cancellation of the event
7.1. The voucher holder can make his redemption request binding via the menu item "Date" or "Redeemment" on the website www.Heliflieger.com or the contact options specified in the voucher or communicated by e-mail. Communication regarding the flight date usually takes place via e-mail. The voucher holder undertakes to regularly check his e-mails in this regard, especially in the phase before the envisaged date. He is free to inquire about the planning status by e-mail or telephone during normal business hours. There is no entitlement to an appointment outside of the offered dates. Offered dates are constantly updated and can be postponed.
7.2. When arranging an appointment, the voucher holder has a special duty of care in that the information he/she has provided must be correct, such as tour duration, type or data of the participants. Incorrect information when registering is at the expense of the voucher holder if they are not discovered or corrected up to 14 days before the flight date. If the voucher holder registers other participants for an event, he undertakes to be responsible for the contractual obligations and truthful information of these participants. This includes, above all, the current body weight including clothing. If the original registration was made some time ago or if the applicant changes the registered participants after a registration has already taken place, the applicant is obliged to proactively communicate changed weight information. The weight information given by the participants can be checked on site at reasonable discretion for safety reasons.
7.3. Helicopter flights usually only take place with a fully occupied helicopter - depending on the helicopter used at the respective location, there is space for one to six passengers (plus pilot). Furthermore, the date depends on the availability of aircraft, pilot and suitable weather - see also Section 7.6. The participant will be informed as early as possible whether and at what time the appointment will take place. Date and time requests communicated at the time of registration will be taken into account as far as possible.
7.4. The organizer reserves the right to change the time, place and/or content of the event, provided that the change is reasonable for the participant, taking into account the interests of the organizer. The organizer will inform the participant in good time in the event of a change in time, place and/or content of the event.
7.5. The organizer is not liable for cases of technical faults on the aircraft or required equipment. If disruptions prevent a service at the agreed time, the obligation to perform does not apply. The same applies in cases of force majeure, the unavailability of a helicopter or the agreed airport or the illness of the pilot. HF reserves the right to exchange a previously agreed location for another reasonable location or to cancel the appointment completely. In the event of cancellation, the organizer will endeavor to offer an alternative date as soon as possible.
7.6. It is up to the voucher holder or participant to try to find a new appointment within the validity period or an extension after cancellation of an agreed appointment - point 6.3. Shall apply accordingly.
- Adherence to deadlines, authorization to participate in sightseeing flights
8.1. The journey to the place of departure is the responsibility of the participant. The costs for travel, accommodation or other expenses are to be borne by the participant and cannot be reimbursed even if the flight is postponed at short notice.
8.2. An agreed appointment can be canceled or rebooked free of charge up to 14 days in advance. 14 or fewer days before the appointment, cancellation or rebooking of the appointment is no longer possible for whatever reason. In this case, the participant can register a suitable replacement participant, otherwise the voucher is deemed to have expired.
8.3. The participant must appear on time or at least 30 minutes before the agreed flight date. If the participant does not appear on the agreed date or is significantly late, this is considered a “no-show” and the voucher has expired. A significant delay occurs in particular if the organizer can no longer carry out the flight without disrupting the course of other subsequent appointments.
8.4. For safety reasons, people who weigh more than the body weight stated on registration before departure can be excluded from the flight and a suitable replacement person can be named instead. Otherwise the voucher is forfeited. The same applies to participants who do not have the physical or mental fitness to take part in a sightseeing flight. The necessary physical aptitude is lacking, especially in the case of heart or circulatory diseases, balance disorders, nerve diseases or other diseases, including chronic diseases, which significantly impair the ability to fly.
8.5. The organizer reserves the right to refuse to carry out the sightseeing flight at his reasonable discretion if he has justified doubts about the participant's ability to fly due to the specific circumstances of the individual case. This applies, for example, to participants who intentionally or negligently do not obey the flight crew, who are aggressive or who are under the influence of alcohol, drugs or medication. You can be excluded from the flight and the voucher is forfeited if no suitable replacement person can be found on site.
8.6. The organizer also reserves the right, at its reasonable discretion, to make the sightseeing flight dependent on the submission of a medical certificate confirming the participant's ability to fly if he has justified doubts about the participant's ability to fly due to the specific circumstances of the individual case.
8.7. If the participant is a minor, the consent or approval of the legal representative of the minor is required for participation. In this case, the organizer reserves the right to make participation dependent on proof of corresponding consent or approval.
8.8. Depending on the location of the event, other local peculiarities may have to be taken into account. The organizer will point this out when making the appointment.
- Flight execution, obligations of the participant
9.1. The participant is obliged to follow the instructions of the ground staff and the pilot in all phases of the flight. The seat allocation depends on a number of factors and is carried out by the pilot or organizer. There is no entitlement to a specific seat, such as next to the pilot, unless a “co-pilot seat” has been purchased, if offered at the chosen location. Nevertheless, this seat (or carriage in general) can be refused for safety reasons if the participant is unsuitable within the meaning of Section 8.
9.2. Section 9.1 applies to the redemption of vouchers with the proviso that the voucher loses its validity and can no longer be redeemed by the participant.
9.3. All participants must remain in the pilot's field of vision at all times, may only approach or exit the helicopter from the front. The helicopter's doors are closed by the pilot or ground crew. This is to avoid damage caused by slamming the doors too forcefully. Participants must buckle up and remain buckled throughout the flight.
9.4. All damage to the helicopter caused by the participant is at his own expense. This also includes the necessary costs for cleaning contaminants such as vomit. Parents are liable for their children even if they suddenly and unexpectedly vomit. In such cases, a cleaning fee of at least € 250 is agreed, plus any other costs such as loss of use. However, the customer is allowed to prove that no claim to compensation has arisen at all or that the damage is significantly lower than the lump sum.
9.5. The flight will be carried out in at least sufficient weather conditions. The assessment of the weather is always made to the best of our knowledge and belief. However, since the weather can never be estimated 100% reliably by nature, weather changes can also occur during the flight and make it necessary to change the flight route or the landing site.
9.6. The flight time may vary due to wind or current traffic conditions. Therefore flight times for sightseeing flights can only be approximate. Flights are deemed to have been carried out as owed in the event of deviations of up to 15% of the specified flight time downwards or upwards.
9.7. Since we are very interested in the consistently high quality of our services and continued high customer satisfaction, we need individual opinions from participants after an event has taken place. For this purpose, the participant allows us to contact us by e-mail with a request to submit an evaluation, which can optionally be published anonymously. The participant agrees to this from Heliflieger.com to be contacted directly or by a commissioned relevant review portal by email.
- Withdrawal and reimbursement
10.1. HF will not refund any vouchers after the cancellation period in accordance with Section 3 or if the right of cancellation is relinquished early when registering for an appointment within the cancellation period - even if appointments have had to be repeatedly canceled or postponed.
10.2. If a fixed date or period of time was agreed for a sightseeing flight before or at the time of booking and this flight cannot take place for reasons that are not the customer's, and the place of residence is more than 150km as the crow flies from the place of departure, HF offers a money-back guarantee . In such a case, the purchaser can be refunded the purchase price minus an expense allowance (“holiday regulation”). You still have the option of flying at a later point in time or rebooking to another location within the period of validity.
10.3. The administration fee depends on the fees for the payment method chosen by the customer. Depending on the payment method selected, it is 5% of the purchase price, but at least €30 per booking.
10.4. Clients who have ordered individual flights or who are not private voucher buyers can withdraw from the contract at any time before the start of the flight, unless otherwise agreed in the order confirmation or in the offer. If the client exercises his right of withdrawal and no other agreements have been made, the following flat-rate compensation is due:
- Generally in the case of cancellation: 10% of the commissioned or expected order value
- More than 48 hours before the flight date: 50% of the expected order value
- Less than 48 hours before the flight date or in the event of a no-show or after the aircraft has taken off to the ready-to-use location: 100% of the expected order value
10.5. The receipt of the declaration of withdrawal by HF during normal office hours is decisive for the running of the deadlines.
10.6. However, the customer is allowed to prove that no claim to compensation has arisen at all or that the compensation is significantly lower than the lump sum.
10.7. Sections 10.1 to 10.2 do not limit the statutory right of withdrawal according to section 3.1.
11.1. If HF negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with statutory provisions. Significant contractual obligations are obligations that the contract imposes on HF in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
11.2. HF is only liable as an intermediary for the mediation process and under no circumstances as a contractual or executing air freight carrier or organizer.
11.3. Otherwise HF is not liable.
12. Applicable law, place of jurisdiction
12.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
12.2. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to appeal to the court at the customer's registered office.
12.3. Should one of the above provisions or parts thereof be or become invalid, HF and the customer or participant agree that the general terms and conditions continue to apply and that the invalid part is to be replaced by a provision that, if possible, corresponds to the one with the leads to invalid part pursued target.