General terms and conditions
1. VIP-paragliding.com, is a trade name of the Austrian one-man company of the Dutch, Austrian licensed, tandem pilot Hans Jolmer Smit. Based in Kaprun, he organises and hosts paragliding tandem flights in the tourist region of Zell am See Kaprun from the Schmittenhöhe, as well as in several other Austrian flying areas.
2. the tandem flights are made by Smit himself or passed on to independent (freelance) tandem pilots. In the latter case, these external tandem pilots are the organizer of the service and the contractual partner of the passenger, as will also be stipulated in writing on a flight ticket (contract of carriage) signed by both the pilot and passenger before each tandem flight. It is always the pilot who is fully liable as the contractual partner of the tandem flight passenger.
3. vip-paragliding.com receives a commission for the tandem flights that he/she has brought in but which have been carried out by and are paid directly to other pilots. For these commissions, he sends the other pilots a monthly collective invoice (if they have received flights). For tandem flights carried out by himself, the signed flight ticket is also the invoice to the end customer (passenger).
4. although VIP-paragliding.com is excluded from any liability related to flights performed by others, VIP-paragliding.com does check license, test flight status, glider checks, insurance and medical of each tandem pilot it cooperates with once a year. However, this never results in any liability for VIP-paragliding.com: each independent pilot is 100% responsible for the proper execution of his or her own flights, as well as for ensuring that his own independence is maintained, for example by the fact that each pilot also carries out flights sold by themselves or flights for other providers.
5. all flight services provided by VIP-paragliding.com are subject to Austrian law, the provisions of aviation law. In case Hajo Smit is your pilot the following conditions apply (and roughly the same conditions are upheld by other pilots, which need however to be checked on their flight tickets and/or websites):
6. 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 each 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.
7. 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, VIP-paragliding.com undertakes to inform the passenger very clearly about all relevant safety aspects.
8) VIP-paragliding.com has taken out 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 legally prescribed amounts of cover.
9. items carried during the paragliding flight (such as cash, cell phones, cameras, glasses and other valuables) must be properly secured or stowed away. VIP-paragliding.com is not liable if damage occurs to such objects during the flight.
10. VIP-paragliding.com cannot be held responsible for any damage or accidents that occur on the way to the launch sites and from the agreed meeting point. Also not when we ski to the launch site in winter.
11. the passenger undertakes to start the tandem flight only with appropriate clothing (weather and windproof clothing, suitable for dirt), ankle-high, sturdy hiking boots, gloves and sunglasses. VIP-Paragliding is expressly not liable for soiling. VIP-paragliding.com provides a safety helmet and the flight equipment.
12. the costs for cable car rides are not included in the ticket price, but the usual cab costs between the landing site and the cable car are. Special cab trips are not included in the price.
13. if fixed dates are not kept without timely cancellation, the entire fee for the flight must be paid. Up to 48 hours before the flight, the flight can be canceled without further ado, by phone, Whatsapp or e-mail. Any advance payments are then refunded to the customer. The flight can be canceled up to 24 hours before the flight, by phone, WhatsApp or e-mail, but half of the amount must be paid. The customer is sent a payment link via WhatsApp or e-mail. After 24 hours before the flight, the full amount must still be paid if you cancel by phone, WhatsApp, e-mail or in person. The customer is sent a payment link via WhatsApp or e-mail.
14. there is no entitlement to carry out the tandem flights even on the agreed dates if the prevailing weather conditions in the flight area do not permit this. Cancellations due to weather conditions do not have to be proven – the professional assessment of the pilot in charge is sufficient. In the event of postponement or short notice on the part of the pilot, deposits will of course be refunded immediately and vouchers will retain their full value. Furthermore, 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. However, the right to make up the flight remains unaffected.
15 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, primarily for safety or operational reasons, without the passenger being entitled to compensation.
16. when booking a tandem flight, the flight price must be paid immediately after the flight by card or cash to the pilot. Or by submitting a voucher issued by VIP-paragliding (printed or digital).
17 Purchased vouchers expire 36 months after the date of issue. All vouchers are value vouchers and price changes must be paid on the day of validation.
18. right of withdrawal: Claims for repayment of the purchase price exist according to the KSchG within 14 days after receipt of the voucher without giving reasons. It is sufficient to return the voucher to VIP-paragliding.com (printed or digital) within this period.
10. all photo and video recordings made during the tandem flight by VIP-paragliding.com, on which the passenger is clearly recognizable, automatically and completely belong to the passenger. the passenger may publish these on social media without restriction even if the pilot is clearly recognizable. On the tickets that are issued, or via Whatsapp or email, the passenger can give VIP-paragliding.com the right to use recordings for social media and other promotional purposes.
11. risk information: We would like to point out that even with the greatest care, accidents with serious injuries (e.g. sprains, broken bones, spinal injuries, concussions, in extreme cases death, etc.) cannot be ruled out when tandem paragliding. There is an increased risk, particularly during take-off and landing, due to incorrect landing, stepping or falling.
12. Final provisions: By signing a flight ticket after booking with VIP-paragliding.com, a contract is created between the passenger and the respective pilot. There is no contract with VIP-paragliding.com, unless it concerns the pilot Hajo Smit as the owner of the one-man company. In the latter case, disputes shall be governed exclusively by Austrian law. The place of jurisdiction is the district or regional court responsible for 5700 Zell am See.
13. Should parts of one of these provisions of VIP-paragliding.com be invalid, this shall not affect the validity of the remaining provisions.
14. If the passenger is connected to another external pilot by VIP-paragliding.com, the passenger must obtain information from this pilot about their general terms and conditions regarding everything directly related to the execution of the flight and their place of jurisdiction, etc. The terms and conditions concerning cancellation etc. that are not directly related to the performance of the flight, apply to all passengers who book via VIP-paragliding.com, even if their flight was (scheduled to be) performed by an external pilot.