AGB

Terms and conditions

The deliveries and services of Heli Austria GmbH/ Heli Tirol GmbH are based exclusively on the following general terms and conditions. These terms and conditions are an agreed upon component of all contracts with Heli Austria GmbH/ Heli Tirol GmbH. They shall also apply to any and all future contracts, even if no explicit reference has been made to their application. If these general terms and conditions do not correspond to those of a client, Heli Austria GmbH/ Heli Tirol GmbH will consider them to be of binding nature only if they have been confirmed by a written agreement during completion of the contract.

Any changes with regard to the terms and conditions and all additional agreements require the express written consent of Heli Austria GmbH/ Heli Tirol GmbH to be legally binding.

§ 1 – Proposals

Our proposals remain subject to change and are valid up to 90 days after the date of their issue. The quotes are prepared on the basis of the performance data of the specific helicopter at sea level and standard atmosphere.

The client is made aware that the performance data of a helicopter is dependent on the operating altitude relative to sea level and the prevailing temperature on the days of the flight. If these are higher than normal the permissible cargo is reduced in accordance with the aeronautical regulations. In case of doubt, the weight of the cargo as measured by the on-board scale of the helicopter shall be valid. Any information in brochures, other advertisements, in written and oral statements, etc., including prices, is subject to change.

§ 2 – Delivery and/or flight dates, delays, impossibility

Delivery and/or flight dates and deadlines start with the date stated in the booking confirmation. In case the client desires changes, the start of the delivery and/or flight dates and deadlines are determined by the date in the amended written confirmation which will be prepared immediately by Heli Austria GmbH/ Heli Tirol GmbH. In case of changes in the contract of performance or order confirmation (different take-off and/or landing locations, heavier cargo, etc.) the final price will be adjusted accordingly.

Paragraph 1 shall also apply to business people with the added provision that delivery and/ or flight dates are subject to change, unless they have been guaranteed in the written booking confirmation. In cases of force majeure such as war, mobilization, state of emergency or other events that are not the responsibility of Heli Austria GmbH/ Heli Tirol GmbH, and that limit or prevent it from performing its contractual obligations, its obligations shall be suspended for as long as the period of delay persists.

This shall also include events beyond the control of Heli Austria GmbH/ Heli Tirol GmbH, such as the denial of airspace, flight paths or foreign flyover rights by the responsible authorities, as well as adverse weather conditions, aviation accidents, engine failures, maintenance delays, unavailability of pilots, delays in fuel deliveries by the responsible supplier, etc. In the cases mentioned in paragraph 3, Heli Austria GmbH/ Heli Tirol GmbH shall do everything within its power to eliminate the impediments as quickly as possible, whereby the client shall provide any reasonable support.

However, should the impediment exceed a reasonable time frame, both contractual partners shall be entitled to withdraw from the contract. In that case, Heli Austria GmbH/ Heli Tirol GmbH shall charge for all services already rendered. In all cases listed in paragraph 3 and 4, a claim of compensation or further recourses against Heli Austria GmbH/ Heli Tirol GmbH by the client shall be excluded. If Heli Austria GmbH/ Heli Tirol GmbH is culpably responsible for a delay, the client is obliged to give it, in writing, a grace period of two weeks.

The client shall have the right of recourse only if the delay was caused by grossly negligent conduct of Heli Austria GmbH/ Heli Tirol GmbH. The same shall apply in the case of justifiable impossibility of service by Heli Austria GmbH/ Heli Tirol GmbH. Heli Austria GmbH/ Heli Tirol GmbH reserves the right to use a different type of helicopter as initially offered.

§ 3 - Authorizations, loading and unloading, transfer

The client hereby acknowledges that prior to the completion of the contract all required official authorizations must be obtained, such as take-off and landing clearances as well as any necessary special clearances for low-level flying, authorizations for the unloading and lowering of materials at off-field landing sites that are designated for the loading of persons or cargo, and the declaration of consent from the property owner/authorized signatory as required by law.

It is the client's responsibility to obtain the necessary special clearances from local authorities (municipalities, police) for any flights over densely populated areas and to coordinate such flights with the competent authority or department, and he shall pay all relating costs. Approvals by the aviation authority listed under a) will be obtained by Heli Austria GmbH/ Heli Tirol GmbH, the ones listed under b) and c) from local authorities are the responsibility of the client.

The client must secure the off-field landing sites in such a way as to prevent unauthorized access during flight operations. The off-field landing sites must be prepared according to the instructions of the staff of Heli Austria GmbH/ Heli Tirol GmbH, maintained during flight operations, and restored to their original condition after completion. The client shall assume all associated costs. If the landing/loading/unloading locations, chosen by the client, should prove unsuitable before or during operations and alternative sites must be selected, it shall be the responsibility of the client to pay for any costs accrued because of additional flying time or expenses.

The client shall be responsible for weighing the cargo, providing an itemized material list, getting it ready on time at the agreed upon landing site, and loading it into the appropriate containers made available by Heli Austria GmbH/ Heli Tirol GmbH. Other necessary equipment such as ropes, chains, buckets, nets, etc. will be made available by Heli Austria GmbH/ Heli Tirol GmbH. The cargo must be made ready in a way as to not exceed the maximum weight stated in the booking confirmation or determined by the pilot. In case of delays caused through fault of the client, he shall bear any extra costs incurred.

During installation and transport flights, heavy lifting flights of any kind, transports of concrete tanks or timber it is the responsibility of the client to provide its staff with the appropriate and adequate safety equipment (helmet, gloves, protective goggles, harnesses, high visibility safety clothing, etc.). In the event of non-adherence to these rules, Heli Austria GmbH/ Heli Tirol GmbH shall not be held liable for any detriments arising as a result.

§ 4 – Transfer of risk and insurance of helicopter flights

Heli Austria GmbH/ Heli Tirol GmbH shall assume the risk for transport flights as soon as the aircraft lifts off the ground with its cargo and up to the moment when said cargo is dropped off again. The client acknowledges the following insurance coverage per flight:

Cargo € 35.00 per kilogram

External loads € 35.00 per kilogram

Passengers € 365.000,00 per passenger

Luggage € 2,000.00 per passenger

If the client desires a higher insurance coverage it must be requested at least three days prior to the flight date. The client shall bear the additional costs. Passenger flights are subject to national laws and the provisions of the "Warsaw Agreement" as stated in paragraph 8.

§ 5 – Pricing

The prices quoted are net prices and do not include VAT. The VAT is listed separately on each invoice and the client is responsible for its payment. Any increases in salaries, wages, operating costs (especially fuel prices), government duties, fees, and taxes, etc. after the order confirmation or during job execution shall, if adequately documented, be charged separately as additional costs to the client. The same applies if the client changes the scope of a booking in such a way as to require additional expenditures from Heli Austria GmbH/ Heli Tirol GmbH, for example overnight stays and travel costs for its staff, etc.

Route charges (flights from the location of the aircraft to the location of the job booking) shall be paid by the client even if they are not specifically listed in the booking confirmation.

§6 – Delivery notes and flight reports

Heli Austria GmbH/ Heli Tirol GmbH shall deem all persons signing a delivery note and/or flight report to be authorized to accept the corresponding delivery and service. These persons shall be deemed authorized to confirm fulfillment of the specified delivery and service by signing the delivery note and/or flight report.

§ 7 – Liability

Any claims of liability against Heli Austria GmbH/ Heli Tirol GmbH must be reported without undue delay. If no timely notice is given, the delivery and/or service shall be deemed accepted. The complaint must be made in writing. Verbally expressed complaints, including the ones made by telephone, must be acknowledged in writing by Heli Austria GmbH/ Heli Tirol GmbH to be admissible. Crew members and ground staff are not authorized to accept claims. The claim shall be deemed timely for a legal assertion in court if it is received within three months.

In case of a justified complaint, Heli Austria GmbH/ Heli Tirol GmbH shall replace the delivered and/or transported goods. However, it has also the option of reimbursing the client for the reduced market value of such goods. In cases where Heli Austria GmbH/ Heli Tirol GmbH is also responsible for the delivery of the goods, the flight costs shall be reimbursed as well. No further damage claims may be asserted.

The client shall be liable for any damages/loss to the aircraft or to third parties during the transport or the drop of hazardous materials, or other objects, regardless if this is part of the ordered job or necessary for some other reason.

§ 8 Passenger services: taxi, sightseeing and combined (helicopter and fixed-wing airplane) flights

The purchase of a flight ticket shall create a transport agreement between the passenger and Heli Austria GmbH/ Heli Tirol GmbH. Any person on a flight with Heli Austria GmbH/ Heli Tirol GmbH must have a valid ticket, no exceptions allowed. Any ticket holder on domestic flights shall be insured against accidents to the full amount in accordance with national laws and on international flights according to the provisions of the "Warsaw Agreement". The accompanying luggage carried on the aircraft shall also be insured to the full amount required by law. Any further liability shall be excluded.

The insurance coverage of passengers with a valid ticket shall amount to € 41,000.00 in the event of death and € 40,000.00 in the event of permanent invalidity based on the statutory per-seat-accident insurance rates, and

€ 2,000.00 for their luggage. The air carrier shall not be liable for fragile or perishable items. The carrying of explosive or flammable, radioactive or pressurized items is forbidden.

Heli Austria GmbH/ Heli Tirol GmbH shall not be liable for any damage resulting from compliance with applicable laws and flight regulations, government regulations or directives, or any damage due to the passenger's fault, and not for damages incurred on the way to or from the aircraft.

The passenger shall comply with all government travel regulations and be responsible to carry with him all required documents, including any necessary entry and departure permits.

The client shall bear all costs and additional expenses for landings at locations other than Heli Austria GmbH/ Heli Tirol GmbH home locations, such as landing and airport fees, hangar fees, food and lodging of the crew as well as costs due to bad weather (e.g. re-routing flights to alternate locations).

§9 – Payment

1. Payments shall be due within 14 days of invoicing without deduction. Bills of exchange and checks shall be accepted only as payment. If the client is in default an interest rate of 4% above the discount interest rate of the Austrian National Bank shall be added without a reminder.

2. In the event of payment by bill of acceptance any note charges and expenses shall be borne by the client. Furthermore, if the client falls in arrears of payment, any accepted bills of exchange or checks shall become due for immediate payment without any recourse to protest.

If after a booking Heli Austria GmbH/ Heli Tirol GmbH should become aware of facts that cast serious doubt on the creditworthiness of the client, Heli Austria GmbH/ Heli Tirol GmbH shall be entitled to rescind the booking and/or require prepayment or a security deposit. If the booking is already in the process of being carried out, Heli Austria GmbH/ Heli Tirol GmbH shall have the right to immediately suspend its services and demand payment. Regarding the unfulfilled portion of the booking it shall have the right to either demand a security deposit or to rescind the contract.

§10 – Offset

The client shall be entitled to assert offsetting claims only insofar as such claims have been acknowledged in writing and/or affirmed in a court of law.

§11 – Place of performance and jurisdiction

The place of performance and jurisdiction for all bookings made with Heli Austria GmbH/ Heli Tirol GmbH shall be St. Johann im Pongau. But Heli Austria GmbH/ Heli Tirol GmbH shall not be precluded from pursuing possible legal action within the jurisdiction of the client.

The parties expressly agree that the agreement between them shall be subject exclusively to Austrian law.

§ 12 – Miscellaneous

Should any of the provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

The legally binding version of these terms and conditions is the German version. If versions in other languages contain contradictions, misunderstandings, or errors due to translation, the German version shall be valid in case of doubt.

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