Terms and conditions

Preamble

  1. The terms and conditions apply after submission of a personal, telephone or written order by Peak Helicopter Service GmbH.
  2. The law of the Republic of Austria, excluding international private law, is agreed. The jurisdiction is St. Johann im Pongau.
  3. For the contractual relationship between the company Peak Helicopter Service GmbH and the passenger or agency, customers are subject exclusively to these terms and conditions. Agreements that deviate from these require the written consent / approval of Peak Helicopter Service GmbH.

Order and Conclusions

  1. Orders can be taken verbally, by phone or in writing. An explicit written confirmation from Peak Helicopter GmbH is not required for the beginning of a valid contract, although written confirmation can be provided if requested by either of the two parties. The contract arises between the passenger or agency customer and Peak Helicopter Service GmbH upon acceptance of the booking or order and in any case upon completion of the order.
  2. Quotations on the part of Helicopter Service GmbH are always non-binding and, unless otherwise stated or agreed, limited until the 30th day after the date of the offer.
  3. The contract may be transferred to another person, provided they meet the personal requirements set out in section §2.4 below. This must be notified in writing to Peak Helicopter Service GmbH at least 24 hours before the flight.
  4. The minimum age for child passengers not accompanied on board by a parent or guardian is 12 years, with a minimum height of 150 cm. Written permission from a parent or guardian is required. For the transport of younger children, over 3 years, a corresponding child seat is required. For babies and children under 3 years a helicopter flight is not recommended.
  5. The maximum weight of each Passenger / Customer may not exceed 120 kilograms, including clothing and carry-on baggage. Each passenger is allowed one piece of hand luggage (55 cm x 40 cm x 20 cm). For other pieces of baggage, the maximum dimensions, other than those requested and agreed in advance, are 70 cm x 40 cm x 30 cm (softcase) and 25 kilograms. Since each helicopter has a maximum take-off weight, the passenger weights, baggage weights and baggage dimensions (if applicable) must be communicated to Peak Helicopter before the flight starts. Should it be ascertained before the start that the information is incorrect and therefore the take-off weight is above the limit or the luggage compartment is too small, Peak Helicopter GmbH reserves the right to refuse to carry out the flight.
  6. In the absence of prior agreement, in cases where the Passenger does not arrive at the airfield for take-off, booking confirmations and tickets lose their validity without any claim for repayment of the fare paid. In case of withdrawal or cancellation §4.4 applies.

Liability / Insurance / Compensation

  1. The helicopters of Peak Helicopter Service GmbH are covered by air XX liability insurance. This includes claims with owner, passenger, baggage and freight liability.
  2. For all claims of any kind, Peak Helicopter Service GmbH is only liable for the risks and sums covered by the insurance. Peak Helicopter Service GmbH is in no case liable for any further claims.
  3. Unless otherwise agreed, Peak Helicopter Service GmbH shall not be liable for items brought on board by the passenger / customer unless Peak Helicopter Service GmbH has caused damage or destruction of the items through willful or grossly negligent action.
  4. Claims for compensation for damages of any kind, including damages that are not incurred in directly from the service, for example delay, prevention of service for any reason, positive breach of contract, culpa in contract and tort, are excluded, unless the damage is intentional or caused by gross negligence and to the extent that the exclusion of compensation claims does not prevent or endanger the completion of the contract.
  5. Liability for non-standard (consequential) damages is excluded. This also applies to gross negligence.
  6. Insofar as damage caused by Peak Helicopter Service GmbH is not caused intentionally or through gross negligence, the liability is limited to 30% of the agreed fare.
  7. If Peak Helicopter Service GmbH is guilty of gross negligence, liability for damage is limited to the amount of the fare.
  8. Claims for damages under the Product Liability Act remain unaffected.

Payment

  1. Unless otherwise agreed, full payment for bookings or tickets must be made no later than 48 hours prior to departure, otherwise there is no obligation to carry out the flight.
  2. The payment can be made by phone or by email with the disclosure of your credit card details and a secure payment link via credit / debit card, bank transfer or PayPal. After receipt of payment you will receive your ticket as a PDF file. The full name and passport number are required for issuing the ticket.
  3. The prices include all taxes and fees.
  4. In case of cancellation, the following amounts will be charged:
  • More than 48 hours before the flight date 40% of the fare
  • Less than 48 hours before the flight date 100% of the fare.
  • If the reason for cancellation is related to Covid-19 restrictions no charges will apply

The Flight

  1. With the completion of the contract, the passenger / customer receives the right to a onetime helicopter flight on the booked flight route or for the booked flight duration.
  2. The passengers must arrive at the helicopter at least 15 minutes before the agreed starting time. In case of late arrival there is no guarantee that the helicopter will be available. In case of no-show the right to the booked flight expires. There is no entitlement to reimbursement and any resulting losses in this case. In this case also §5.9 applies.
  3. All passengers must present their passport or identity card upon request. The pilot reserves the right to scan the passengers or their baggage with a metal detector if he deems it necessary.
  4. In the event that the flight has to be cancelled or delayed on account of technical problems, bad weather conditions or unexpected restriction by the authorities, the passenger / customer will be informed suitably. All flights are carried out under visual flight rules. If the weather conditions are poor and consequently do not allow a safe visual flight, the pilot can cancel the flight at short notice. In these cases a new appointment will be arranged / confirmed in agreement with the passenger / customer, or alternatively the total ticket price will be reimbursed. There is no claim to possible resulting losses.
  5. The passenger / customer must fully comply with the instructions of the pilot. For damage to the helicopter due to negligence or mild negligence on the part of the passenger / customer, the passenger / customer is fully liable.
  6. Passengers under the influence of alcohol or drugs will be refused flight without replacement. Passengers who violate the pilot's instructions may be excluded from the flight. A refund of the fare is excluded in any of these cases.
  7. Peak Helicopter accepts no liability for passengers' personal belongings and luggage. Passengers carry fragile items onto the helicopter at their own risk; the passenger / customer has to follow the instructions of the pilot.
  8. Peak Helicopter accepts no liability for passengers' personal belongings and luggage. Passengers carry fragile items onto the helicopter at their own risk; the passenger / customer has to follow the instructions of the pilot.

Revocation

  1. The Passenger / Customer may revoke in writing his contract as a consumer in distance contracts up to two weeks after receiving the booking confirmation or the ticket, without giving reasons. The period begins when the booking confirmation or the ticket is received. Dispatch of the revocation within the two-week period is sufficient. The revocation must be addressed in writing to Peak Helicopter Service GmbH. The right of revocation expires prematurely if the contract is fulfilled or the client has expressly consented to this. In the case of an effective cancellation, services already received are to be returned. In the event that the end of the two-week right of withdrawal period falls within the time limits specified in §4.4, these time limits apply in any case.

Severability Clause

  1. If one or more formulations of these terms and conditions should not, no longer or not completely correspond to the applicable law, the remaining parts of the terms and conditions remain unaffected in their content and validity.