Terms and Conditions
(translated with help of google translate, if something is not clear enough, please let us know 🙂 )
1. Scope, Definitions
1.1. Heliflieger Deutschland GmbH, registered in the commercial register Munich under number HRB 215883 (hereinafter “HF”), offers tour tickets (hereinafter “vouchers”) and value vouchers (see 2.9.) for helicopter tours (“tours”) and similar services for purchase. The tours are carried out by auxiliary staff (hereinafter “pilots”) or other tour operators (hereinafter referred to as “partners”). Vouchers will be issued without a fixed date – after the purchase of the value vouchers the redemption can be arranged also via the website www.Heliflieger.com. Contractual partners (hereinafter “customers”) can be both consumers and entrepreneurs.
1.2. Consumers within the meaning of these General Terms and Conditions are any natural person who enters into a legal transaction for a purpose which can not be attributed to their commercial or independent professional activity.
1.3. Entrepreneurs within the meaning of these General Terms and Conditions is any natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his independent professional or commercial activity.
1.4. Participants of a round trip (hereinafter “Participants”) can be both the customer and the entitled holder of a voucher.
1.5. These terms and conditions apply to all contracts and term agreements concluded by a customer or voucher holder with HF regarding the vouchers and / or events presented on the website at www.heliflieger.com. In addition, they apply to contracts made without the inclusion of the website www.heliflieger.com. This is without prejudice to the inclusion of the customer’s own conditions, unless otherwise agreed.
2. Conclusion of contract
2.1. The articles and / or events described on the website of HF are not binding offers from HF, but serve to provide a binding offer by the customer.
2.2. When ordering vouchers and / or value vouchers, the customer can submit the offer via the online order form provided on the website. The customer, after selecting a voucher and / or value voucher with the desired event and his personal data in the online order form, gives a legally binding offer with respect to the selected article by clicking the button closing the order process. In addition, the customer may also submit his offer by telephone, fax, e-mail or postal service. By submitting the offer these terms and conditions are accepted.
2.3. HF may accept the offer of the customer within five days by giving the customer a written order confirmation or an order confirmation in text form (fax, e-mail, postal), in which case the receipt of the order confirmation at the customer is decisive. HF may also accept the offer sending the voucher by e-mail or by post within the aforementioned deadline, whereby the reception of the voucher to the customer is decisive.
2.4. The period for accepting the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer.
2.5. When placing an offer via HF’s online order form, the contract text is stored by the organizer and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms.
2.6. Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the information specified 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, when using SPAM filters, the customer must ensure that all e-mails sent by HF or by third parties commissioned by the order processing department can be sent and are received.
2.7. Restrictions apply to certain offers, such as available dates, number of participants or maximum body weights. Persons with more than the maximum body weight for the respective round trip or voucher occupy an above-average capacity of the maximum permitted take-off weight. This would no longer be available for the other participants. For these persons, it is possible to book a further seat for themselves after consultation with HF. Depending on the location and type of helicopter, weight restrictions may vary and are mentioned before booking on the website and later on the voucher. The buyer also stands for the contractual obligations of all participants registered by him.
2.8. Certain tours are not offered in flight time, but in block time. In this case, either the time for starting the engine to be ready for departure and the switch-off after the flight or the boarding and disembarking of the passengers is included with the booked flight time. Depending on the helicopter type and the situation, the time is between 3 and 5 minutes.
2.9. There is a distinction between vouchers and value vouchers. Tickets / flight vouchers are offered for concrete tours with a clear description and a certain purchase price. In contrast, value vouchers only have a value in euros and do not include a specific service. With value vouchers, however, a concrete round trip can be paid for in the shopping cart. If the value of the purchased voucher is less than the value of the value voucher, any remaining balance will be forfeited.
2.10. If the buyer is a minor, the agreement between the organizer and the minor customer requires the consent of the minor’s legal representative. HF reserves the right to make the conclusion of the contract dependent on the proof of a corresponding consent or approval.
2.11. Vouchers which were not purchased directly from HF but by an intermediary are valid when the mediation has been successfully completed. This is the case when the customer has received the valid voucher and the corresponding purchase amount has been received by HF.
3. Right of withdrawal
3.1. If the contract offer by the customer based on the purchase of a ticket and / or value of the voucher and the customer is in charge of his contract as a consumer, he has a right to withdraw regarding his contract under the following conditions:
Conditions of withdrawal – Right of withdrawal
You can withdraw from your contract in writing (eg. Letter, fax, e-mail) within 14 days without giving reasons or
– if the goods are delivered before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our obligations under Article 246 § 2 in connection with § 1 section 1 and 2 EGBGB and our obligations according to § 312g section 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To safeguard the withdrawal period it is sufficient to send the revocation or item. The revocation must be sent to:
Heliflieger Deutschland GmbH, Packenreiterstr. 37, 81247 München, E-Mail: email@example.com
Consequences of withdrawal
In the case of an effective revocation the mutually received benefits are to be returned and any benefits (eg. interest). If you can not fully or in part return the items or service received (eg benefits), or return them only in deteriorated condition, you have to pay us compensation. For the deterioration and derived benefits, you have to pay compensation only if deterioration is due to handling the item in an extent beyond the examination of properties and functioning of the item. “Examination of properties and functioning” means the testing and trying of out the goods, as it is possible and common in a shop. Parcels are returned at our risk. You have to bear the cost of returning the goods if the delivered goods are as ordered and the price of the order price does not exceed an amount of 40 euros or if at higher price and at the time of cancellation you have not provided the contractually agreed payment or partial payment. Otherwise, the return is free for you. Items not suitable for parcel service will be collected 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 its reception.
End of revocation explanation
3.2. If the contract by the customer is the direct booking a scenic flight, there is according to § 312b para. 3 no. 6 BGB no right of withdrawal if the seller upon conclusion obligates to provide the flight on a specific date or within a specific period.
4. Prices and terms of payment
4.1. The prices are final prices and contain the statutory value-added tax. Each buyer will receive an invoice with the indicated value-added tax by e-mail.
4.2. HF offers various payment options, which are indicated on the website. Money transfers must be free of charge for HF.
4.3. The advance payment is always considered as agreed, that is, the payment is due immediately after conclusion of the contract and prior to the flight, unless otherwise agreed.
4.4. Arrears occurs automatically 14 days after invoicing and without a reminder, unless otherwise agreed.
4.5. For passenger transport flights, 8 € net passenger tax per person and flight section will be charged. Tour flights (start at A and landing also at A) are not valid as transport flights. Passenger transport flights are flight sections ending at a different location (A to B).
4.6. Waiting times for the aircraft and the pilot amount to a lump sum of at least € 100 net per hour, unless otherwise agreed.
5. Delivery of vouchers
5.1. The delivery of vouchers is made in electronic form by e-mail or – at the special request of the customer – in printed form on the dispatch route to the delivery address indicated by the customer. The shipping costs are based on the chosen shipping form.
5.2. If the transport company sends the returned ticket back to HF, as it was not possible to deliver it to the customer, the customer bears the costs for unsuccessful dispatch. This shall not apply if the customer exercises his right of withdrawal by refusing acceptance if he is not responsible for the circumstance which led to the impossibility of service or if he was temporarily prevented from accepting the offered service, unless the Organizer announced delivery a reasonable time before.
5.3. In principle, the risk of accidental loss and the accidental deterioration of the goods sold will be transferred to the customer or a person authorized to receive the goods. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of the purchase of the goods will be transferred to a suitable transport person at the place of business of the organizer upon delivery of the goods.
5.4. Lost vouchers will not be replaced.
5.5. 5.1 to 5.4 shall apply mutatis mutandis to value vouchers.
6. Payment, content and validity of vouchers
6.1. Vouchers and value vouchers are redeemable until the end of the third year after the year of purchase.
6.2. Vouchers can only be redeemed for the services marked in the voucher. Changes can be requested. The redemption takes place as described on the voucher.
6.3. Vouchers can be given in payment for another high-value service within the validity period. For the circulation and reissue of the ticket €20, – processing fee will be charged.
6.4. Value vouchers can be entered in the shopping cart as payment.
6.5. HF reserves the right to the following: If vouchers are not redeemed within the first year from the date of issuance, redemption may be made at a later date within the limitation period pursuant to section 6.1. A price increase in the meantime is passed on to the customer or a processing flat rate of 15% of the original list price is required for each subsequent year. In such a case, the customer may, instead of paying the lump sum or the price increase, the existing voucher value for a higher-value ticket as per clause 6.3. Or in accordance with section 10.1. withdraw from the purchase. The customer is allowed proof that a claim to the processing fee or price increase was not incurred at all or that the costs were considerably lower.
6.6. Vouchers are transferable. HF and / or the partner can deliver with exempting effect to the respective holder (for example, a recipient), which redeems the voucher to him. This does not apply if HF or the partner has knowledge or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.
6.7. HF and / or the partner reserve the right to refuse the redemption of the voucher against the respective holder if the latter does not have the necessary eligibility to participate or suitability according to clause 5.
6.8. The aforementioned provisions shall apply mutatis mutandis to the redemption of value voucher coupons.
7. Term agreement, change or failure of the event
7.1. The voucher holder can make his / her request bindingly via the menu item “appointments” on the website www.Heliflieger.com or the contact indicated on the voucher. The communication regarding the date of the flight takes place via email. The holder of the voucher is obliged to check his emails on a regular basis, especially during the phase before the scheduled flight date. He is free to inquire about the planning stage by email or by telephone at regular business hours. There is no claim to a flight date outside the offered dates. Offered dates are continually updated and can be changed.
7.2. In addition to his or her contact details, the voucher holder also truthfully submits his / her body weight during the term agreement. If the voucher holder submits other participants for the event, he / she undertakes to also stand for the contractual obligations and truthful information of all participants registered by him / her. This especially includes the current body weight of the participants.
7.3. Tours in general take place with a full helicopter – depending on the helicopter used in the respective location there is space for one to six passengers (plus pilot). Furthermore, the date depends on the availability of the aircraft, the pilot and the weather – see also section 7.6. The participant will be notified as soon as possible of the date and at which time. Any special appointment requests will be considered where possible.
7.4. A booked flight date can be changed up to max. 10 days prior to the agreed flight date. 10 to 4 days prior to the agreed flight date, a cancellation or rebooking of the date is possible for a fee of 40% of the voucher value. 4 to 0 days before the appointment, a cancellation or rebooking of the appointment is no longer possible.
7.5. HF or the partner reserves the right to change the time, place and / or content of the event, provided that the change is reasonable for the customer, taking into account the interests of HF and the partner. Reasonable changes in performance are necessary, which become necessary after the conclusion of the contract and have not been contravened by HF or partners in good faith. HF and / or partners will provide the customer with timely information in the event of a change in the time, place and / or content of the event.
7.6. HF shall not be liable for cases of technical malfunctions on the aircraft or the equipment required. In the event of disruption of performance at the agreed time, HF shall cease to be compulsory. The same shall also apply in cases of force majeure, the non-availability of a helicopter or the agreed airfield or the illness of the pilot. HF reserves the right to exchange a previously agreed location for another reasonable location or cancel the appointment completely. HF and / or partners will endeavor to make a replacement date in the event of a failure.
8. Dates, entitlement to participate in round-trips
8.1. Travel to the place of departure is the responsibility of the participant. The costs of the journey or, if necessary, the accommodation are to be borne by the participant and can not be reimbursed even if the flight is delayed or cancelled at short notice.
8.2. The participant must appear punctually at the agreed flight date. If the participant does not appear at the agreed flight date or with a considerable delay, HF or the partner can also refuse the performance of the flight on another date, but is nevertheless entitled to demand the full airfare price from the participant, The voucher is forfeited. A considerable delay of the participant is particularly the case if HF or the partner can no longer perform the flight without disturbing the sequence of the already agreed flight times afterwards.
8.3. Persons who have more than the body weight than submitted before the departure can be excluded from the flight for safety reasons and the ticket is forfeited. The same applies to participants who do not have the physical and mental fitness to participate in a round trip. The necessary physical suitability is lacking especially in the case of cardiac or circulatory diseases, disturbances of balance, nervous disorders or other, also chronic diseases, which significantly impair the ability to do the tour.
8.4. HF and / or the pilot reserve the right to refuse the execution of the round trip at its own discretion, if it has reasonable doubts about the flight ability of the participant due to the specific circumstances of the individual case. This applies, for example, to participants who do intentionally or negligently not obey the flight crew, are aggressive or are under the influence of alcohol, drugs or medication. These can be excluded from the flight and the voucher is forfeited.
8.5. HF and / or the pilot also reserve the right to make the participation of the tour dependent, at its own discretion, subject to the submission of a medical certificate confirming the flight ability of the participant if, due to the specific circumstances of the individual case, he has reasonable doubts as to the flight ability of the participant .
8.6. If the participant is a minor, the consent or approval by the legal representative of the minor is required for the participation. HF or the pilot reserves the right to make the participation dependent on the proof of a corresponding consent or approval.
8.7. Depending on the place where the event takes place, further special requirememts may have to be considered. HF and / or the respective pilot will point this out during the appointment agreement process.
9. Flight of the participant
9.1. The participant is obliged to follow the instructions of the ground crew and the pilot in all phases of the flight. Seat allocation is dependent on some factors and is performed by the pilot. There is no entitlement to a specific seat, such as the seat next to the pilot, unless a “co-pilot seat guarantee” has been purchased, if offered at the selected location. However, this seat (or the tour as a whole) can be refused for safety reasons if the participant is unsuitable for the reasons of section 8.
9.2. Clause 9.1 applies to the redemption of value vouchers with the provison that the voucher loses its validity and can not be redeemed by the participant.
9.3. The participants may only be in the field of view of the pilot, approach the helicopter from the front or leave it forwards. The doors of the helicopter are closed by the pilot or ground crew. This is intended to prevent damage caused by the powerful slamming of the doors, which are constructed in light-weight construction. Participants must be fastened and fastened during the flight.
9.4. All damage to the helicopter caused by the participant is at his expense. This also includes the necessary costs for cleaning contaminants such as vomit. Parents are responsible for your children even in sudden and unexpected vomiting. For such cases, a cleaning fee of at least € 250, – will be charged, plus any other costs incurred, such as loss of use. The customer is, however, allowed proof that a claim for the compensation was not incurred at all or that the damage is significantly lower than the lump sum.
9.5. The flight is carried out with at least sufficient or better weather conditions. The assessment of the weather conditions is always done to the best of our knowledge. However, since the weather can never be estimated 100% reliably, changes in the weather can occur during the flight and require a change of flight path.
9.6. The flight duration can vary due to wind or current traffic conditions. Therefore, flight durations for round trips can only be approximated. Tours with deviations of up to 10% shorter or longer of the stated flight durations are counted as delivered as owed.
10. Withdrawal and reimbursement
10.1. HF does not reimburse any vouchers after expiry of the withdrawal period pursuant to Section 3, even if appointments had to be canceled or postponed repeatedly. If, for any reason, a reimbursement is mandated, HF will charge a fee of at least 40% of the voucher value. Reimbursement shall be made exclusively to the original purchaser, unless a written declaration of assignment exists.
10.2. If a fixed date or period has been agreed for a round trip before or at the time of booking, and if this flight can not take place for reasons that are not the customer’s option, HF provides a money-back guarantee. In such a case, the purchaser shall be refunded the purchase price less an expense allowance. The sum depends on the fees of the payment method chosen by the customer. Depending on the chosen payment method, it is 3-5% of the purchase price, but at least € 20 per booking.
10.3. Customers who are not private tour customers based on vouchers but have contracted individual flights, can withdraw from the contract at any time before the start of the flight. If the client exercises his right to rescind the contract and no other agreements have been made, he is obliged to pay the following compensation to HF:
– More than 48 hours before the flight date: 50% of the expected order value
– Less than 48 hours before the flight date or no show or after launching the aircraft for the positioning flight: 100% of the expected order value
10.4. Decisive for the passage of the deadlines is the receipt of the withdrawal declaration at HF.
10.5. The customer is, however, allowed proof that a claim for compensation was not incurred at all or that the compensation is substantially lower than the lump sum.
10.6. Clauses 10.1 to 10.2 do not limit the statutory right of revocation pursuant to section 3.1.
HF shall be liable to the customer from all contractual, statutory, also tortious, claims for damages and expenses as follows:
11.1. HF is liable for all legal grounds
• in cases of intent or gross negligence,
• in case of negligent or intentional injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is stipulated,
• due to mandatory liability such as the Product Liability Act.
11.2. If HF is negligently a major contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unrestricted liability according to clause 11.1. Significant contractual obligations are the obligations imposed on the contracting party by its content to achieve the purpose of the contract, the fulfillment of which allows the proper execution of the contract at first and on which the customer may regularly rely.
11.3. Furthermore, HF is not liable.
12. Applicable law, jurisdiction
12.1. For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12.2. If the customer acts as a merchant, a legal person of public law or a public-law special fund domiciled in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
12.3. Should one of the above provisions or parts thereof be or become invalid, HF and customer or participants agree that the TOS remain valid and that the invalid part shall be replaced by a provision which, if possible, aims to fulfil the purpose of the invalid part.