General Terms and Conditions

1.1. Rainer Fischer appears under “tandemflieschiemgau.de” (hereinafter “organizer”). He organizes and accompanies tandem flights, which are carried out by him personally (tandemflieschiemgau.de) or by qualified pilots employed by him. The website “tandemflieschiemgau.de” offers both the sale of vouchers for tandem flights and the option to book tandem flights directly. Both consumers and entrepreneurs can be contractual partners (hereinafter “customers”) of tandemflieschiemgau.de.

1.2. Every natural person within the meaning of these General Terms and Conditions is a consumer who concludes a legal transaction for a purpose that cannot be attributed to their independent professional or commercial activity.

1.3. Any natural or legal person or a partnership with legal capacity is an entrepreneur within the meaning of these General Terms and Conditions who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4. The customer himself as well as the authorized holder of a voucher can be a participant in a tandem flight (below “participant”).

1.5. These General Terms and Conditions apply to all contracts that the customer concludes with the organizer on the basis of the events and/or vouchers presented on the tandemflieschiemgau.de website. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed in writing.

2.1. The events and/or vouchers contained on the tandemflieschiemgau.de website do not represent binding offers from the organizer. They only serve to enable the customer to submit a binding offer.

2.2. When ordering vouchers, the customer can submit the offer using the online order form available on the tandemflieschiemgau.de website. The deposited

The customer enters their personal data in the online order form and selects a voucher with the event they want. By clicking the button that completes the ordering process, the customer submits a legally binding contractual offer with regard to the selected voucher. In addition, the customer can also submit his offer by email, telephone, fax or post. Direct booking of events is only possible by telephone or email.

2.3. The organizer can accept the customer’s offer within five days by asking the customer to pay after placing the order or by sending the customer a written order confirmation or an order confirmation in text form (fax/e-mail), in which case access the order confirmation from the customer is decisive. When ordering vouchers, the organizer can also accept the customer’s offer by sending them a voucher by post within five days, whereby the receipt of the voucher by the customer is decisive in this respect.

2.4. The deadline for accepting the offer begins on the day after the customer sends the offer. It ends at the end of the fifth day following the sending of the offer.

2.5. The text of the contract is saved by the organizer when an offer is submitted via the online order form and is sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, including these General Terms and Conditions. However, after sending his order, the customer can no longer access the text of his contract via the website tandemflieschiemgau.de.

2.6. Before submitting the order via the organizer’s online order form, the customer can continually correct his entries using the usual keyboard and mouse functions.

2.7. The contract is concluded exclusively in German.

2.8. Contact and order processing generally take place via automated order processing and email. The customer guarantees that the email address he provided to process the order is correct, so that emails sent by the organizer can be received at this address. In particular when using SPAM filters, the customer must ensure that all emails sent by the organizer or by third parties commissioned by the organizer to process the order can be received.

2.9. When registering additional participants for the event, the customer undertakes to also be responsible for their contractual obligations, provided that they make a corresponding declaration when registering.

2.10. The conclusion of a contract between the organizer and a minor customer requires the consent or approval of the minor’s legal representative. In this case, the organizer reserves the right to make the conclusion of the contract dependent on proof of appropriate consent or approval.

3.1. If the customer acts as a consumer when submitting his contractual declaration and his contractual declaration is aimed at purchasing a voucher, he is entitled to a right of withdrawal with regard to his contractual declaration as follows:

Right of withdrawal

The customer can revoke his contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or – if the item is left to him before the deadline – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations in accordance with Section 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:

Tandemfliegenchiemgau represented by

Rainer Fischer
Hub 5
83209 Prien am Chiemsee
E-Mail: fliegauf@tandemfliegenchiemgau.de

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the customer is unable to return or return the received service and benefits (e.g. usage advantages) to the organizer, or only partially or only in a deteriorated condition, the customer must pay compensation to the organizer in this respect. The customer only has to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. Items that can be sent as parcels must be returned at the organizer’s risk. The customer has to bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the customer has not yet received the consideration at the time of cancellation if the price of the item is higher or has made a contractually agreed partial payment. Otherwise, the return for the customer is free of charge. Not

Items that can be sent as parcels will be picked up from the customer. Obligations to refund payments must be fulfilled within 30 days. The deadline begins for the customer when he sends his cancellation declaration or the item, and for the organizer when he receives it.

End of revocation

3.2. According to § 312b paragraph. 3 No. 6 BGB, there is no right of withdrawal if the customer’s contractual declaration is aimed at directly booking a tandem flight and the organizer undertakes when concluding the contract to provide the tandem flight within a precisely specified period of time or at a specific time.

4.1. The prices stated by the organizer are final prices in euros.

4.2. After invoicing, payments must be made by bank transfer, credit card or transfer with PayPal to the organizer’s bank account.

4.3. For group reservations, the organizer reserves the right to charge 50% of the flight price per person in advance via invoice. This deposit will be offset against the flight price after the flight. There are no reservation fees.

4.4. The voucher is a multi-purpose voucher within the meaning of §3(15) UstG. This is only subject to sales tax once the service has actually been carried out.

5.1. Only people who are over the age of twelve, whose body weight is at least 35 kilograms and who also have the physical and mental fitness to take part in a tandem flight are eligible to take part. In particular, there is a lack of the necessary physical fitness in the case of balance disorders, nerve diseases, heart or circulatory diseases or other, even chronic, diseases that significantly impair the ability to fly.

5.2. When boarding the flight, the participant must not be under the influence of alcohol, drugs or medication.

5.3. If the organizer has reasonable doubts about the participant’s ability to fly due to specific circumstances in the individual case, it reserves the right to refuse to carry out the tandem flight at its reasonable discretion. In this case, the organizer is entitled to charge a fee for not carrying out the tandem flight.

5.4. In addition, the organizer is entitled to make the execution of the tandem flight dependent on the presentation of a medical certificate at its reasonable discretion

The participant’s ability to fly is confirmed if the participant has reasonable doubts about the participant’s ability to fly due to the specific circumstances of the individual case.

5.5. I, hereby grant {name of photographer} the unrestricted and irrevocable right and permission to publish, distribute, exhibit or otherwise use the photographs that {name of photographer} has taken or may have taken of me.

I hereby release the photographer from all claims, demands and liabilities arising in connection with the photographs.

I am aware that my recordings may be altered, and
I hereby waive the right to reproduce the final product in which my photos
are used must be checked or approved.

I agree that the images may be used without restriction in print and online publications, on websites and in social media.

I waive any claim to royalties or other income arising from or in connection with the use of my photographs.

6.1. The date for the tandem flight will be coordinated at short notice and depending on suitable weather conditions. The organizer can change the time, location and/or content of the event, provided the change is reasonable for the customer, taking into account the interests of the organizer. Only insignificant changes to services that were not brought about by the organizer in good faith and that became necessary after conclusion of the contract are reasonable.

The customer will be informed in good time by the organizer in the event of a change in the time, place and/or content of the event. The customer cannot insist on carrying out the tandem flight if a flight is too dangerous or cannot be carried out due to a short-term change in the weather. In this case, the customer must bear any costs themselves, in particular for travel, cable cars and overnight stay; these cannot be claimed by the organizer.

6.2. In the event of a significant change in service, the customer can withdraw from the contract free of charge or instead request participation in another event of at least equal value. However, this assumes that the organizer is able to offer such an event from its range at no additional charge to the customer.

6.3. The customer must immediately assert the rights in accordance with Section 6.2 after informing the organizer about the change in service.

6.4. For important reasons, the organizer can cancel the event at short notice. These include, in particular, force majeure or illness of the pilot. In this case, the customer will receive a full refund of any price already paid. If the event is canceled, the organizer will arrange an alternative date.

6.5. There is no right to compensation, reimbursement or reimbursement of other expenses incurred if the date is postponed due to weather or the flight is canceled due to force majeure. The right to catch up on the flight remains unaffected.

The organizer provides the equipment necessary for the tandem flight, which is already included in the agreed flight price.

8.1. The participant must follow the pilot’s instructions in all phases of the flight.

8.2. The participant must wear suitable clothing for the tandem flight, especially sturdy ankle-high shoes.

8.3. The participant comes to the airfield independently. Arrival and cable car ticket are at the participant’s expense.

8.4. The participant must complete a written registration before the flight. In particular, he will be informed again about the conditions of participation for the tandem flight. Acknowledgment of these General Terms and Conditions must also be confirmed by signing.

8.5. The participant must adhere to the agreed flight date. The organizer can refuse to carry out the flight on another date if the participant is significantly late, does not show up for the appointment without an excuse or cancels it less than 24 hours before the flight date. Regardless of this, the organizer can charge the participant the full flight price. However, the organizer must take into account the value of what he saves as a result of the lack of service or what he acquires or maliciously fails to acquire through other use of his services. A significant delay usually occurs when the organizer can no longer operate the flight without hindering the flow of subsequent flight dates that have already been agreed upon.

8.6. Section 8.5 applies to the redemption of vouchers with the proviso that the voucher can no longer be redeemed by the participant and therefore loses its validity.

9.1. The vouchers will be sent in printed form by post to the delivery address provided by the customer or picked up by the customer. In the latter case, the organizer first informs the customer by email that the voucher they have ordered is ready for collection. The customer can then collect the voucher at the organizer’s headquarters after consultation with the organizer.

9.2. If delivery to the customer was not possible and the voucher is sent back to the organizer, the customer will bear the costs for unsuccessful shipping. However, not if he exercises his right of cancellation by refusing acceptance and he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the organizer provides him with this the service had been announced a reasonable time in advance.

9.3. As a rule, the risk of accidental deterioration of the goods sold and accidental loss passes to the customer or a person authorized to receive them upon handover. If the customer is an entrepreneur, the risk of accidental deterioration and accidental loss in the case of a mail order purchase is transferred to a suitable transport person when the voucher is delivered to the organizer’s place of business.

10.1. The event specified in the voucher is decisive for the redemption of the voucher.

10.2. The vouchers are valid and redeemable for 36 months from the end of the year of issue.

10.3. There may be a different validity period for sponsorship or discount campaigns.

10.4. Vouchers can be transferred. The organizer can make payments with discharging effect to the respective holder who redeems the voucher to him. If the organizer has knowledge or grossly negligent ignorance of the lack of authorization, the lack of authorization to represent or the incapacity of the respective owner, the organizer cannot make any payment with a discharging effect.

10.5. The organizer can refuse to redeem the voucher to the respective holder if the latter does not have the necessary authorization to participate in accordance with Section 5.

10.6. In principle, if a voucher is lost, the organizer is not obliged to provide transportation.

10.7. With the exception of the cases in point 3, return transfers or cash withdrawals are not possible.

The organizer is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

11.1. The organizer is liable without restriction for any legal reason

• in the event of negligent or intentional injury to life, body or health • in the event of intent or gross negligence,
• based on a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

11.2. If the organizer does not comply with Section 11.1. unlimited liability, liability is limited to the foreseeable damage typical for the contract if the organizer negligently violates an essential contractual obligation. These are essential contractual obligations that the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and the customer can regularly rely on their compliance.

11.3. Any liability on the part of the organizer is otherwise excluded.

11.4. The vicarious agents and legal representatives of the organizer apply

in accordance with the above liability regulations.

When taking pictures or videos, the organizer has the participant’s consent that individual pictures or video sequences may be used commercially for films, homepages, etc. If the participant does not wish this, the pilot must be expressly informed of this in writing on the registration form on the back before the flight.

13.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. This choice of law only applies to consumers to the extent that the protection granted is not compulsory

Provisions of the law of the country in which the consumer has his habitual residence is withdrawn.

13.2. If the customer is a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the organizer’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the organizer is in any case entitled to appeal to the court at the customer’s registered office.

13.3. If individual provisions of the General Terms and Conditions lose their effectiveness due to a circumstance that occurs later or are ineffective, the effectiveness of all other points remains unaffected. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. If the General Terms and Conditions prove to be incomplete, the above provisions apply accordingly.

Prien am Chiemsee, 15.09.2022,