Booking, Flight ticket & Liability

1. VIP-paragliding, is a trade name of the Austrian one-man company of the Dutch, Austrian licensed, tandem pilot Hans Jolmer Smit. The official company name is Hans Jolmer Smit e.U. VIP-paragliding. The official company number is FN 641757 k (Austrian Firmenbuch). Based in Kaprun, he develops, sells, organises and hosts tandem paragliding experiences in the tourist region of Zell am See Kaprun from the Schmittenhöhe, as well as in several other Austrian flying areas.

2. Bookings can be made through the company website VIP-paragliding.com, via telephone or WhatsApp, but also via booking partners such as GetYourGuide.com, Tripadvisor, Manama, Jochen Schweizer, My Days etc..

3. VIP-paragliding’s obligations pertain to the conception and the the logistics of these experiences, but not the execution of the paragliding tandem flights. The sole and exclusive contract concerning the execution of the tandem flight is the flight ticket (contract of carriage) as signed by both the pilot (Smit or external) and the passenger (or their guardian) shortly before the performance of the flight.

4. There is no entitlement to fly on the booked time slots if the weather conditions in the flight area do not permit this. Cancellations due to weather conditions do not have to be proven in detail – the yes / no professional assessment of Smit or the external pilot in charge is sufficient. In the event of cancellation down payments will be refunded (directly or via the cancellation policy of a booking partner) and vouchers will retain their full value. However there is no entitlement to compensation, reimbursement or reimbursement of other expenses incurred, such as the costs of a mountain trip with the cable car. Also see our full cancellation policy.

5. The flight duration quoted is an estimate. This flight duration may vary. The flight route, landing site and flight times may be changed at any time, if safety and/or the health of the passenger requires it. The passenger/customer in this case is not entitled to compensation, although a pilot may freely decide to give the passenger a small compensation if a flight has been shortened.

6. The passenger can always upgrade the flight to a longer and higher tandem flight during the flight. In that case the pilot will loudly and clearly communicate the price of the upgrade when the passenger is ready to make a decision.

7. In case the customer has opted for payment after the flight, the flight price as indicated on the flight ticket must be paid immediately after the flight directly to the pilot (not to VIP-paragliding). Likewise an upgrade chosen during the flight must be paid immediately after the flight directly to the pilot (not to VIP-paragliding).

8. The tandem flights are performed by Smit himself or passed on to independent (freelance) tandem pilots. In the latter case, these external tandem pilots are the contractual partner of the passenger, as is also stipulated in writing on (the back of) the flight ticket that is always signed by both pilot and passenger shortly before each tandem flight. It is always this pilot/signatory who is fully liable for any injuries to the tandem flight passenger or or damages to his/her possessions.

9. VIP-paragliding receives a commission for the tandem flights that he/she has brought in but which have been carried out by other pilots and which are also paid by the customer/passenger directly to these pilots. For these commissions, VIP-paragliding sends each external pilot a monthly invoice (if they have received flights). The signed flight ticket is legally the bill (invoice) from the pilot to the customer/passenger for their booked tandem flights, regardless whether Smit or an external pilot is the actual pilot and issuer of said ticket.

10. VIP-paragliding and Smit are excluded from any liability related to flights performed by external pilots. However VIP-paragliding does check license, test flight status, glider checks, insurance and medical of each tandem pilot it cooperates with once a year. This check of the status of each pilot is part of our quality & safety policy, yet it still does not make VIP-paragliding liable for the actions or neglects of the external pilots. Each independent pilot is 100% responsible for adhering to all tandem paragliding rules and standards as maintained by the Austrian Aeroclub, for proper legal set-up of their freelance business and for the proper and safe execution of their tandem flights.

11. If VIP-paragliding connects the passenger to an external pilot, the passenger can ask the external pilot for information about their terms and conditions and their insurance etc..

12. VIP-paragliding can never be held liable for any damage or accidents/injuries occurring on the way to the agreed meeting point, during the use of a cableway, taxi or bus nor while walking to the launch site. Neither when the customer/passenger reaches the launch site on ski’s in winter, even if VIP-paragliding proposed this.

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14. In case Smit is your pilot the following specific terms & conditions apply (roughly the same conditions are upheld by other pilots, yet this is outside of the purview and responsibility of VIP-paragliding):

1. before the start of the flight, the passenger (or a legal guardian or an accompanying adult if children wish to fly tandem) should read the contract of carriage on the backside of the ticket, as he or she confirms this by signing it. The meaning of the contract is also briefly explained verbally. In the event of speech problems or hearing impairment, at least one accompanying person should make the necessary information clear to the passenger.
2. the passenger must notify the pilot in advance of any relevant physical or mental limitations. If it is unclear whether the passenger is fit to fly, Smit undertakes to inform the passenger very clearly about all relevant safety aspects.
3. Smit has taken out liability insurance to cover all claims of the passenger in accordance with the liability provisions of the Austrian Aviation Act (as is also the case for external pilots). There is an express exclusion of liability for claims that exceed the amount of cover. Smit’s current liability insurance from AXA covers damages up to 1.500.000 euro. No claims beyond this amount shall be made.
4. Items carried during the paragliding flight (such as cash, cell phones, cameras, glasses and other valuables) must be properly secured or stowed away. The pilot will assist in doing this, yet will not assume any liability especially when abnormally expensive or breakable items are to be transported (Gucci bag, Rolex etc.).
5. The passenger undertakes to start the tandem flight only with appropriate clothing: (weather and windproof clothing, suitable for dirt), ankle-high hiking boots or good sports shoes. Gloves and sunglasses are optional. Smit is expressly not liable for soiling of or damages to any of the passengers items, especially not when abnormally expensive shoes or clothes are worn. Smit provides a safety helmet and the normal flight equipment.

15. All services provided by VIP-paragliding / Smit are subject to Austrian law. Disputes concerning bookings and/or execution of tandem flights by Smit as pilot shall be governed exclusively by Austrian law. The place of jurisdiction is the district or regional court responsible for 5700 Zell am See.

16. Should parts of one of these provisions be invalid, this shall not affect the validity of the remaining provisions.