General Terms and Conditions of Business and Carriage for Tandem Paragliding Flights by Schwarzair
1. General Information
Schwarzair offers tandem paragliding flights in the Lienz / East Tyrol region. Flights are carried out exclusively by experienced, authorised and appropriately licensed tandem pilots.
All services related to the carriage of passengers by tandem paraglider are subject to Austrian law, in particular the applicable aviation regulations, as well as the following General Terms and Conditions of Business and Carriage.
By booking, making an enquiry, making a payment, redeeming a voucher or taking part in a tandem flight, the passenger accepts these terms and conditions.
2. Contractual Relationship and Flight Operation
The tandem flight is carried out by an authorised tandem pilot. The responsible pilot independently decides whether a flight can be carried out, postponed or cancelled.
For safety reasons, the choice of take-off site, flight route, flight duration, landing site and the exact flight procedure is at the sole discretion of the pilot. Changes may be made at any time, especially if required due to weather, wind, thermals, visibility or other safety-related circumstances.
There is no entitlement to a specific flight route, flight duration or take-off site.
3. Appointment Scheduling and Weather Dependency
Tandem paragliding is highly dependent on weather conditions. Even if a date has been firmly agreed, there is no entitlement to the flight being carried out if, in the opinion of the responsible pilot, the conditions are not suitable.
Schwarzair or the responsible pilot carefully checks the weather conditions before each flight. Safety always comes first. If the conditions are unsuitable, the appointment will be postponed free of charge and an alternative date will be arranged.
Weather-related postponements may also occur at short notice. This does not give rise to any claims for compensation, reimbursement of travel costs, loss of earnings or any other expenses.
4. Prices, Additional Costs and Payment
The prices agreed at the time of booking apply to the respective flight package.
Unless expressly agreed otherwise, the flight price does not include the cost of the ascent to the take-off site. Depending on the season and take-off site, additional costs may arise, for example for a taxi, shuttle or lift tickets from the Lienzer Bergbahnen, in particular for the ascent to Steinermandl.
Photos and videos are only included in the price if this is expressly stated in the respective flight package. Otherwise, a photo/video package can be purchased for an additional fee. Unless otherwise stated, the current price is €20.
Payment is made as agreed, for example in cash, by bank transfer or via another payment method offered.
5. Vouchers
Schwarzair vouchers can be purchased by phone, via WhatsApp, by email or through available sales channels.
A voucher entitles the holder to redeem it for the tandem flight or value stated on the voucher. Unless a different validity period is stated on the voucher, vouchers are generally valid for two years from the date of issue.
The voucher must be brought along or presented on the day of the flight. Cash redemption of vouchers is excluded, unless otherwise required by mandatory law.
In the event of price changes after longer periods of time, an additional payment up to the current flight price may be required, unless the voucher was expressly issued for a specific flight package without any surcharge.
6. Cancellation by the Passenger
The passenger may cancel an agreed appointment in writing, by phone or via WhatsApp.
Cancellation or postponement free of charge is possible up to 3 days before the agreed appointment.
For cancellations from 2 days up to 24 hours before the appointment, a cancellation fee of 50% of the flight price may be charged.
For cancellations within 24 hours before the appointment, no-shows or significant delays by the passenger, the full flight price may be charged.
If an appointment is cancelled by Schwarzair or the responsible pilot due to weather conditions, the passenger will not incur any cancellation costs. In this case, an alternative date will be arranged.
7. Health and Physical Requirements
The passenger confirms that they are physically and mentally fit to take part in a tandem flight. The passenger must be physically and mentally able to follow the pilot’s instructions and to take a few safe, quick steps during take-off and landing.
A basic level of physical fitness is required. As a rough guideline, a BMI of around 28 may be used. However, the final decision always depends on the assessment of the responsible pilot, taking into account the weather, take-off site, wind conditions and the passenger’s individual physical condition.
Tandem flights are generally possible for passengers weighing approximately 30 to 110 kg. Passengers weighing more than 110 kg may only fly after prior consultation and depending on the current conditions.
The passenger is obliged to inform the pilot before the flight of any relevant health restrictions, in particular:
restrictions of the musculoskeletal system
cardiovascular diseases
back, spine or joint problems
high blood pressure
tendency to severe nausea or travel sickness
mental or neurological conditions
pregnancy
use of strong medication
influence of alcohol, drugs or medication
The pilot is entitled to exclude a passenger from the flight if there are health or safety-related concerns. In such cases, depending on the situation, a postponement or other further steps will be discussed.
8. Children and Minors
Children may generally take part in a tandem flight, provided they are physically and mentally suitable and meet the requirements for a safe take-off and landing.
As a rule, a minimum weight of approximately 30 kg is required. The decision is made on a case-by-case basis and depends, among other things, on the child’s development, height, weight, weather conditions and the pilot’s assessment.
For minors, written consent from a parent or legal guardian is required before the flight. A parent, legal guardian or adult accompanying person must be present at the appointment, unless otherwise agreed.
9. Briefing and Passenger Conduct
Before take-off, the passenger receives a clear briefing from the pilot. This includes an explanation of the procedure, take-off, flight, landing and how to behave during the flight.
The passenger undertakes to follow the pilot’s instructions at all times, fully and immediately. This applies in particular during take-off, flight and landing.
If the passenger is unable or unwilling to follow an instruction, they must inform the pilot immediately.
If instructions are ignored or if this creates a risk to the passenger, the pilot or third parties, the pilot may refuse or abort the flight or exclude the passenger from participation. In such a case, there is no entitlement to a refund if the exclusion was caused by the passenger’s behaviour.
10. Clothing and Equipment
The passenger is required to wear suitable clothing. Depending on the season, warm, windproof and weather-appropriate clothing, a jacket, long trousers and sturdy ankle-high shoes are recommended.
Gloves and sunglasses may also be brought along. Heated gloves can be provided free of charge on request, subject to availability.
Helmet, harness and the flight equipment required for the tandem flight are provided by Schwarzair or the responsible pilot.
Schwarzair reserves the right to exclude passengers from the flight or postpone the flight for safety reasons if their clothing or footwear is unsuitable.
11. Risks of Tandem Paragliding
Tandem paragliding is an air sport. Despite careful planning, modern equipment and experienced pilots, a residual risk cannot be completely excluded.
The passenger acknowledges that take-off, flight and landing can be influenced by external factors such as wind, thermals, terrain, weather changes and the passenger’s own behaviour.
Schwarzair and the operating pilots make every effort to keep all risks as low as possible. This requires the passenger to follow the pilot’s instructions and to provide truthful information regarding health, weight and physical condition.
12. Liability
Liability is governed by the mandatory provisions of Austrian law, in particular the applicable aviation regulations.
Liability for damages exists only within the scope of the statutory provisions and the existing insurance cover. The passenger is personally liable for damages caused by intentional or grossly negligent behaviour, failure to follow instructions or incorrect information provided by the passenger.
Schwarzair accepts no liability for personal items brought along by the passenger, such as mobile phones, cameras, glasses, jewellery, money, keys or other valuables. Such items must be securely stored by the passenger or taken along at the passenger’s own risk.
No liability is accepted for damage, loss or accidents on the way to the meeting point, during private travel to the location or outside the immediate flight procedure, to the extent permitted by law.
13. Insurance
Tandem flights are carried out within the framework of the legally required insurance for tandem paragliding flights with AIR&MORE Versicherungsagentur für Flugsport.
Claims exceeding statutory or contractually agreed insurance coverage amounts are excluded, unless mandatory legal provisions provide otherwise.
14. Photo and Video Package
Photos and videos may be included depending on the flight package or may be available for an additional fee.
Photo and video material is created during the flight whenever possible, but cannot be guaranteed. Technical problems, unfavourable lighting conditions, weather conditions or safety-related circumstances may result in recordings not being possible or only being possible to a limited extent.
If a separately paid photo/video package fails completely for technical reasons, the amount paid for it will be refunded. This does not create any entitlement to repeat the flight.
15. Use of Photo and Video Material
Photos and videos of the passenger are generally created for the passenger’s private use.
Publication or promotional use by Schwarzair will only take place with the passenger’s consent. The passenger may withdraw such consent at any time.
If the passenger voluntarily provides Schwarzair with photo or video material or consents to its publication, Schwarzair may use this material for its website, social media and promotional purposes, unless otherwise agreed.
16. Data Protection
The passenger’s personal data is processed exclusively for the purpose of handling enquiries, bookings, vouchers, appointment scheduling and carrying out the tandem flight.
Further information on the processing of personal data can be found in the privacy policy on schwarzairtandem.at.
17. Right of Withdrawal for Vouchers and Online Orders
Consumers are entitled to the statutory rights of withdrawal under Austrian law.
If a voucher is purchased online, by phone or by email, the consumer may generally have a statutory right of withdrawal. The exact withdrawal period and conditions are governed by the applicable legal provisions.
If a voucher has already been fully redeemed or if a service has already been provided at the customer’s express request, the right of withdrawal may be excluded or limited to the extent permitted by law.
18. Final Provisions
Austrian law applies.
To the extent permitted by law, the place of jurisdiction and place of performance is Lienz in East Tyrol, Austria.
If individual provisions of these General Terms and Conditions of Business and Carriage are or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic and legal purpose of the original provision.
Schwarzair reserves the right to amend or supplement these terms and conditions.