The terms and conditions apply after submission of a personal, telephone or written order by Peak Helicopter Service GmbH.
The law of the Republic of Austria, excluding international private law, is agreed. The jurisdiction is St. Johann im Pongau.
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
Orders are taken through Peak Helicopter Service GbmH under https://book.peakhelicopter.com, completing the booking procedure signifies the acceptance of Peak Helicopter Service GmbH Terms and Conditions and Privacy Policy. The contract arises between the passenger or agency customer and Peak Helicopter Service GmbH upon acceptance of the booking or order by the aircraft operator and in any case upon completion of the order.
Upon order acceptance by the operator of the aircraft the customer will be provided with a contact person for the given flight. Further communication about the order such as coordination of ground transportation or request any changes to the order shall be made through this contact person.
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.
The weight of each passenger must be given during the booking process as well as the size and weight of the luggage. Any deviation from the given passenger weight and luggage size and weight must be communicated with the contact person mentioned in §4.2. . 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.
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 applies.
Liability / Insurance / Compensation
The helicopters of Peak Helicopter Service GmbH are covered by air XX liability insurance. This includes claims with owner, passenger, baggage and freight liability.
The Aircraft of partner operators that are offered in the Booking System are covered by liability insurance.
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.
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.
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.
Liability for non-standard (consequential) damages is excluded. This also applies to gross negligence.
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.
If Peak Helicopter Service GmbH is guilty of gross negligence, liability for damage is limited to the amount of the fare.
Claims for damages under the Product Liability Act remain unaffected.
Payment
Unless otherwise agreed, full payment for the booking is authorised during the booking procedure, otherwise there is no obligation to carry out the flight.
The payment is to be made during the online booking process.
The prices include all taxes and fees.
In case of cancellation, the following amounts will be charged:
More than 72 hours before the flight date 40% of the fare
Less than 72 hours before the flight date 90% of the fare.
The Flight
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.
The passengers must arrive at the helicopter at least 15 minutes before the agreed starting time. In case of departure from an Airport the customer has to consider the time required to go through the airport checks. In case of late arrival there is no guarantee that the aircraft 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.
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.
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. Flights that are carried out under visual flight rules can be cancelled by the pilot in short notice if the weather conditions do not allow a safe visual flight, the pilot can cancel the flight. 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.
The passenger / customer must fully comply with the instructions of the pilot. For damage to the aircraft due to negligence or mild negligence on the part of the passenger / customer, the passenger / customer is fully liable.
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.
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
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
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.