General Terms & Conditions
I. APPLICATION OF THE GENERAL TERMS Mountain Flyers 80 ltd.
These terms and conditions apply to all promotions with Mountain Flyers 80 Ltd.
II. TRANSPORT OF PERSONS
1.1 With the reservation of a helicopter flight, the passenger / organizer concludes a contract with Mountain Flyers 80 Ltd. These
terms and conditions are part of the contract.
1.2 Mountain Flyers 80 Ltd confirm the reservation if possible in writing by e-mail or post, otherwise verbally.
2. Prices and Due Date
2.1 All prices are in Swiss Francs (CHF).
2.2 Price lists, information in brochures, advertisements, etc. are valid for the respective calendar year.
2.3 Price adjustments remain with the increase of kerosene, flight licenses, landing fees and the like reserved.
2.4 Issued vouchers have a value of the amount paid in, even if it is not on the
voucher. Therefore, any additional payments must be made in the event of price increases at the time of the flight.
2.5 Unless an advance payment has been agreed, a payment period of 20 days after the invoice is issued. On the 21st day, the
customer will be in default without a reminder. The default interest is 5%.
2.6 If an advance payment has been agreed and not met, Mountain Flyers 80 Ltd may refuse carriage.
2.7 Vouchers have a validity period of one year. There is no cash payment. Any actions can not be
cumulated with other discounts.
3. Carriage of Personnel
3.1 Mountain Flyers 80 Ltd undertake to transport the passenger to the place of destination at the agreed time and price. If the passenger changes the time of the flight or the route subsequently, this may cause a price change.
3.2 For sightseeing flights, minimum conditions of participation apply.
3.3 Mountain Flyers 80 Ltd may use a different type of helicopter for the flight than they have contracted or
may instruct a third party to perform the flight. There are no additional costs for the passenger.
3.4 Mountain Flyers 80 Ltd will issue single or multiple cargo tickets prior to the flight. The tickets contain scope of
Limitation of liability for death or personal injury, for destruction, loss or damage of baggage and for
delay. If the passenger has reserved the flight together with other persons, the Mountain Flyers 80 Ltd can issue a joint ticket for everyone (collective flight ticket). These conditions also apply if the Mountain Flyers 80 Ltd can not issue a ticket due to external conditions (e.g. boarding)
3.5 The ticket is also the baggage check for the transport of the baggage. Mountain Flyers 80 Ltd will carry the luggage if space or safety regulations permit. A piece of luggage must not exceed the dimensions 80 x 40 x 30 cm and luggage may weigh a maximum of 15 kilos per passenger. If more
than one passenger is traveling in a group, the maximum permissible dimensions per piece of luggage are still valid, whereas the weight limits can be calculated as a whole.
3.6 The passenger / organizer shall notify Mountain Flyers 80 Ltd when making the reservation if valuables or sensitive equipment / objects or dangerous goods are in the luggage.
3.7 For safety reasons (especially weight limits, dimensions or dangerous goods) it may be necessary to carry baggage separately. The Mountain Flyers 80 Ltd reserve the right pieces of luggage with a road transport to the agreed destination to bring to let. The costs for these transports are borne by the passenger / organizer.
3.8 The prerequisite for participation on flights is the personal suitability of the passenger in terms of health and weight. If a weight of 95 kg per PAX is exceeded, express permission must be obtained from Mountain Flyers 80 Ltd. Mountain Flyers 80 Ltd reserves the right, depending on the booked flight, to switch to a more powerful helicopter for a fee in such cases.
4. Delay and cancellation / Modification
4.1 Mountain Flyers 80 Ltd reserves the right to
cancel the flight for technical and / or meteorological and / or operational reasons. In the event of a delay or postponement of the flight for technical, meteorological or operational reasons
and for other reasons beyond the control of Mountain Flyers 80 Ltd, they shall not be liable for any
damage. Changing the program or route for technical, meteorological or operational reasons does not lead to a price increase or price reduction.
4.2 In the event of a cancellation of the flight for reasons beyond the control of the customer, Mountain Flyers 80 Ltd will reimburse the
paid booking / arrangement price back, unless it was possible to offer a reasonable compensation on site. Further claims are excluded. For sightseeing flights and flights that take place on the basis of a voucher, the flight will be postponed to a later date. Further claims are excluded.
4.3 If the flight has to be stopped prematurely due to technical or meteorological reasons, Mountain Flyers 80 Ltd will return the passenger as soon as possible to the place of departure or to the destination with another helicopter or other means of transport. When returning to the point of departure, the Mountain Flyers 80 Ltd catch the flight as soon as possible after. If the Mountain Flyers 80 Ltd bring the passenger to their destination with another means of transport, they will pay the costs. Further claims are excluded.
4.4 If Mountain Flyers 80 Ltd notify the customer prior to departure that the flight
may have to be canceled for meteorological reasons, and the customer accepts this risk, he will pay for his onward journey to or return to the place of departure another means of transport. He owes Mountain Flyers 80 Ltd the cancellation fee even if the flight is canceled.
4.5 If the departure is delayed because the passenger is not ready to board at the agreed time, Mountain Flyers 80 ltd. cancel the flight after a reasonable waiting period. If the flight has been arranged with other passengers, the flight will be conducted at more than 50% present. The passenger(s) who were not on site at the agreed time in this case are not entitled to a refund of the fare or have to pay for it retrospectively if he has not made it in advance. Vouchers are validated without notice to the customer.
4.6 Cancellation or postponement of the flight by the passenger
The passenger can cancel the flight for free up to 8 days before the agreed date or postpone the flight date. In case of later cancellation or flight shift, the following conditions apply:
7 - 2 days before the flight date: 50% of the total price
24 hours (including "do not appear") before the flight date: 100% of the total price
4.7 Cancellation of theory courses and theory training by the student pilot
The student pilot can cancel the theory course and theory training free of charge up to 8 days before the agreed date. In case of later cancellation the following conditions apply:
7 - 2 days before the course date: 50% of the total price
24 hours (including "do not appear") before the course date: 100% of the total price
For arrangements and individual services, the additional cancellation conditions and costs of the partners also apply. In the transport prices and arrangements and / or individual services no cancellation insurance is included.
5. Liability for personal injury and damage to luggage
5.1 Mountain Flyers 80 Ltd are liable in the event of an accident for personal injury or damage to luggage in accordance with the provisions of the Ordinance on
Air Transport (LTrV) and the applicable international regulations (Montreal Convention and Regulations (EC) No. 2027) / 97, (EC) No 889/2002, (EC) No 785/2004 and (EC) No 285 / 2010.
5.2 To the extent permitted, liability is limited to gross negligence or intent
5.3 Mountain Flyers 80 Ltd is authorized by liberate the liability to the extent that it proves that the customer or a third party caused or contributed to the damage as a result of a breach of duty or any other unlawful act or omission.
5.4 In the event of death and personal injury, Mountain Flyers 80 Ltd shall be liable for damages up to the amount of 100'000 special drawing rights per customer. In addition, they shall be liable for the proven damage unless they can prove that the damage is not attributable to a breach of duty or any other unlawful act or omission of their employees or agents or the damage is solely due to a breach of duty by a third party.
5.5 In the event of death or personal injury, Mountain Flyers 80 Ltd will provide immediate financial assistance to the natural persons entitled to compensation under Art. 15 LTrV within 15 days . In the event of death, it amounts to at least 16,000 special drawing rights.
5.6 If Mountain Flyers 80 Ltd offers the customer or his family members a higher
compensation in the event of an accident involving personal injury than is legally owed or waives the discharge certificate, the offer and waiver apply only to the victims and not to regressive social security or other insurers ,
5.7 Has Mountain Flyers 80 Ltd, in addition to third-party liability insurance, taken out occupational accident insurance for the benefit of the customer and compensated for personal injuries, Mountain Flyers 80 Ltd will invoice the accident insurance to the liability claims of the victims.
5.8 Liability for damage in the event of destruction, loss or damage of checked baggage is limited to 1000 special drawing rights per customer. If the customer has declared a higher value at the time of booking and, if applicable, pays the requested surcharge, the liability extends up to the amount stated, unless Mountain Flyers 80 Ltd can prove that this amount exceeds the actual interest of the customer in the delivery. Liability shall not apply to damage caused by the nature of the baggage or its inherent defect.
5.9 The liability for the damage in case of delay in the carriage is limited to 4150 special drawing rights per customer and 1000 Special Drawing Rights per Baggage. Liability shall not apply if Mountain Flyers 80 Ltd can prove that they, their employees and agents have taken all reasonable measures to avoid the damage or that they were unable to take such measures.
5.10 If Mountain Flyers 80 Ltd does not carry the luggage by helicopter and instructs a third party to transport it, it will not be liable for any damage that occurs during or during such transport.
6. Right of instruction of the pilot
Pilot's right to give instructions 6.1 The pilot, as a ship's commander, has the right to give instructions to all passengers. Passengers must follow his instructions and the instructions of the rest of the crew.
7. Flights to foreign countries / travel documents
For flights abroad, the passenger is responsible for having the necessary travel documents (passport) and any emigration and entry permits (visa). He will bear the costs if an authority denies him the right of departure or entry.
8. Severability clause
Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. An ineffective provision shall be interpreted, reinterpreted or supplemented in such a way that the purpose it pursues is achieved to the extent permitted by law.
9. Governing Law and Jurisdiction
All contracts of carriage with Mountain Flyers 80 Ltd, including international ones, are governed by Swiss law. Jurisdiction is Bern.