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GENERAL TERMS AND CONDITIONS

FOR PASSENGER FLIGHTS

As of April 2026

 

Alpenflug GmbH & Co KG
FN 26511m, LG Salzburg
Kapruner Straße 15, A-5700 Zell am See
Telephone +43 664 8628328
E-Mail office@alpenflug.at
VAT ID No: ATU 33723003
hereinafter also: „ALPENFLUG“

1. Validity

1.1 These General Terms and Conditions ("GTC") apply to all services provided by ALPENFLUG, in particular passenger flights with airplanes and helicopters (hereinafter collectively referred to as aircraft) as well as vouchers for these passenger flights.

1.2 They form an integral part of all contracts between ALPENFLUG and customers (hereinafter referred to as the "CLIENT").

1.3 Individual contractual agreements take precedence over the regulations in these GTC.

1.4 Side agreements, assurances, or amendments to these GTC must be made in writing, as must any waiver of this written form requirement.

1.5 Any conflicting terms and conditions of the CLIENT shall only be effective if they are agreed to in writing by ALPENFLUG – acts of contract performance by ALPENFLUG shall not be deemed consent and/or confirmation.

1.6 Employees of ALPENFLUG are not authorized to make promises that deviate from these GTC or to conclude agreements.

1.7 The GTC remain valid for all contracts between ALPENFLUG and its CLIENTS until new GTC are announced.

1.8 ALPENFLUG is entitled to adapt the GTC to the current legal situation should this be or become necessary due to changes in the law.

1.9 In the case of contracts for a fixed or indefinite period (continuing obligations), the CLIENT has the right to terminate the contract extraordinarily (prematurely) with immediate effect in the event of significant changes to the GTC to the detriment of the CLIENT.

1.10 The content of offers or order confirmations from ALPENFLUG must be checked by the CLIENT. The CLIENT is obliged to immediately report any discrepancies from the message transmitted by them; otherwise, the transaction shall be concluded with the content confirmed by ALPENFLUG.

1.11 The GTC can be accessed and downloaded at Alpenflug GTC.

1.12 For consumer transactions within the meaning of § 1 KSchG (Consumer Protection Act), these GTC apply in accordance with Point 18.

2. Conclusion of Contract via the ALPENFLUG Webshop

2.1 The presentation of services in the webshop does not constitute a binding offer by ALPENFLUG to conclude a contract.

2.2 The purchase of a voucher via the webshop takes place in the following steps: selection of the voucher, quantity and data entry, clicking the "ORDER" button, entering personal data and billing address. After confirming the GTC and clicking the "binding order" button, the CLIENT is redirected to the payment page. The contract becomes legally effective upon payment. The voucher can be printed out by the customer and will be sent via e-mail.

2.3 The purchase of a flight ticket via the webshop takes place by selecting the flight, clicking "BOOK", and filling out the form (flight route, CLIENT data, passenger data, flight data). After confirmation of the GTC and payment via the payment page ("Pay now / order subject to payment"), the contract is concluded.

2.4 Flight tickets for helicopter flights cannot be purchased via the webshop. A non-binding inquiry can be made for this purpose via the "CONTACT REQUEST" form.

3. Offer

3.1 Offers from ALPENFLUG are always subject to change and limited until the 90th day after the date of issue.

3.2 Offers are created on the basis of the performance data of the aircraft at sea level under normal atmospheric conditions. The transportable payload is reduced at higher temperatures or altitudes in accordance with flight technical regulations.

3.3 Information in brochures and advertising is non-binding. ALPENFLUG reserves the right to use a different type of aircraft than the one offered.

4. Passengers

4.1 Every person must be in possession of a valid flight ticket. A contract of carriage is established through the purchase.

4.2 The passenger must personally fulfill/present all official travel formalities and documents.

4.3 The transport of dangerous goods (explosive, fire-hazardous, radioactive, pressurized) is prohibited.

5. Prices, VAT, Price Changes, Costs

5.1 Prices are net prices for entrepreneurs and gross prices for consumers. VAT is to be borne by the CLIENT.

5.2 If cost items such as fuel prices, wages, or government levies increase after the order confirmation, these additional costs shall be reimbursed by the CLIENT.

5.3 Costs for overflights as well as landing and airport fees and the bad weather risk for landings outside the home base shall be borne by the CLIENT.

6. Payment, Due Date, Security Deposits, Default

6.1 Webshop services are payable immediately. Other invoices are payable within 14 days without deduction.

6.2 In the event of default, default interest (pursuant to § 456 UGB for entrepreneurs; 4% p.a. for consumers) as well as necessary dunning and collection costs will be charged.

7. Appointments, Default by ALPENFLUG, Cancellation

7.1 Appointments begin as specified in the confirmation. Changes require written confirmation.

7.2 ALPENFLUG may cancel appointments for safety reasons (weather, technology, pilot unavailability). A replacement date will be offered; if no agreement is reached, a refund will be issued. Further claims (except in cases of intent/gross negligence) are excluded.

7.3 Cancellation scale: Up to 28 days before the date free of charge; 27-21 days: 50% fee; from 20 days or no-show: 100% fee. Rebookings are possible free of charge up to 21 days in advance.

8. Permits and Off-field Landing Sites

8.1 All necessary official permits must be available. ALPENFLUG obtains aviation authority permits; the CLIENT is responsible for declarations of consent from landowners and local special permits.

8.2 The CLIENT must secure off-field landing sites and prepare them according to instructions. Additional costs resulting from unsuitable sites shall be borne by the CLIENT.

9. Warranty

9.1 The period is 3 months from acceptance (does not apply to consumers). ALPENFLUG chooses between improvement, replacement, or price reduction.

10. Compensation/Liability

10.1 Liability during transport is governed by the Montreal Convention, Regulation (EC) No. 889/2002, and the Aviation Act.

10.2 Outside of transport, ALPENFLUG is only liable to entrepreneurs in cases of intent and gross negligence. Towards consumers, liability for slight negligence is excluded, except in the case of personal injury or breaches of primary obligations.

11. Insurance

11.1 The insurance amounts result from the legal provisions (Regulation (EC) No. 785/2004).

12. Force Majeure

12.1 In the event of unforeseeable events (natural disasters, strikes, official orders, etc.), ALPENFLUG is released from performance. Claims due to force majeure are excluded.

13. Set-off

13.1 Set-off is only permitted for claims that have been recognized in writing or established by a court of law (note special regulations for consumers).

14. Vicarious Agents

14.1 ALPENFLUG may have obligations performed by third parties.

15. Data Protection

15.1 The parties comply with the provisions of the GDPR and the DSG (Data Protection Act). Details at: www.alpenflug.at/de/datenschutz.

16. Jurisdiction and Law

16.1 The place of jurisdiction is St. Johann im Pongau. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.

17. Partial Invalidity

17.1 Should any provisions be ineffective, the remaining provisions shall remain effective.

18. Non-application for Consumers

18.1 For consumers, provisions apply only insofar as they do not contradict mandatory law (KSchG, FAGG). Certain clauses (e.g., duty to report defects, exclusion of warranty) are not applicable to consumers.

19. Right of Withdrawal

19.1 Pursuant to § 1 Para. 3 FAGG, the FAGG (Distance and Off-Premises Contracts Act) does not apply to contracts for passenger transport; therefore, a right of withdrawal under the FAGG does not exist.


ANNEX 1: LIABILITY INFORMATION

Information according to Art. 6 of Regulation (EC) No. 889/2002 of the European Parliament and of the Council of 13 May 2002

Liability of air carriers for passengers and their baggage

Compensation in the event of death or bodily injury

There are no maximum amounts for liability in the event of death or bodily injury of passengers. For damages up to an amount of 151,880 SDR, the air carrier cannot raise objections against claims for damages. Claims exceeding this amount can be averted by the air carrier by proving that it acted neither negligently nor otherwise culpably.

Advance payments

If a passenger is killed or injured, the air carrier must make an advance payment within 15 days of the identification of the person entitled to compensation in order to cover immediate economic needs. In the event of death, this advance payment shall be no less than 16,000 SDR.

Delays in the transport of passengers

The air carrier is liable for damage caused by delay in the transport of passengers, unless it has taken all reasonable measures to avoid the damage or it was impossible to take such measures. Liability for damage caused by delay in the transport of passengers is limited to 6,303 SDR.

Delays in the transport of baggage

The air carrier is liable for damage caused by delay in the transport of baggage, unless it has taken all reasonable measures to avoid the damage or it was impossible to take such measures. Liability for damage caused by delay in the transport of baggage is limited to 1,519 SDR.

Destruction, loss, or damage to baggage

The air carrier is liable for the destruction, loss, or damage of baggage up to an amount of 1,519 SDR. In the case of checked baggage, strict liability applies unless the baggage was already defective beforehand. In the case of unchecked baggage, the air carrier is only liable for culpable behavior.

Higher liability limit for baggage

A higher liability limit applies if the passenger makes a special declaration at the latest during check-in and pays a supplementary fee.

Complaints regarding baggage

In the event of damage, delay, loss, or destruction of baggage, the passenger must notify the air carrier in writing as soon as possible. In the event of damage to checked baggage, the passenger must provide written notification within seven days, and in the case of delayed baggage, within 21 days after it has been made available to them.

Liability of the contractual and the operating air carrier

If the operating air carrier is not identical to the contractual air carrier, the passenger may address their notification or claim for damages to either company. If the name or code of an air carrier is indicated on the flight ticket, that carrier is the contracting air carrier.

Time limits for action

Court actions for damages must be brought within two years, starting from the day of arrival of the aircraft or the day on which the aircraft should have arrived.

Basis of this information

These provisions are based on the Montreal Convention of 28 May 1999, which was implemented in the European Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and by national legislation.

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