GTC

GENERAL TERMS AND CONDITIONS OF Mountain Flyers 80 Ltd.

I. APPLICATION OF THE TERMS AND CONDITIONS Mountain Flyers 80 Ltd.

These terms and conditions apply to all transportation carried out by Mountain Flyers 80 Ltd.

II. TRANSPORTATION OF PERSONS

1. General information

1.1 When reserving a helicopter flight, the passenger/organizer enters into a contract with Mountain Flyers 80 Ltd. These general terms and conditions are part of the contract.

1.2 If possible, Mountain Flyers 80 Ltd will confirm the reservation in writing by e-mail or post, otherwise verbally.

2. Prices and maturity

2.1 All prices are in Swiss Francs (CHF).

2.2 Price lists, information in brochures, advertisements etc. apply to the respective calendar year.

2.3 We reserve the right to adjust prices if fuel prices, flight license fees, landing fees and the like increase.

2.4 Issued vouchers have a value equal to the amount paid, even if this is not stated on the voucher. In the event of price increases at the time of the flight, any additional payments must therefore be made.

2.5  Unless advance payment has been agreed, a payment period of 20 days after invoicing shall apply. On the 21st day, the customer is in default without reminder. The default interest is 5%.

2.6 If an advance payment has been agreed and not fulfilled, Mountain Flyers 80 Ltd may refuse carriage.

2.7 Vouchers have a validity period of one year. There is no cash payment. Possible promotions cannot be cumulated with other discounts.

3. Transport of persons

3.1 Mountain Flyers 80 Ltd. undertakes to transport the passenger to the destination at the agreed time and price. If the passenger subsequently changes the time of the flight or the route, this may result in a price change.

3.2 Minimum participation requirements apply to sightseeing flights.  

3.3 Mountain Flyers 80 Ltd may use a different type of helicopter for the flight than the one contracted or they may contract a third party to perform the flight. No additional costs are associated with this for the passenger.

3.4 Mountain Flyers 80 Ltd will issue individual or collective ticket before the flight. The tickets include limitations on liability for death and personal injury, destruction, loss or damage of baggage and delay. If the passenger has booked the flight together with other persons, Mountain Flyers 80 Ltd can issue a collective ticket for all of them (collective ticket). These conditions also apply if Mountain Flyers 80 Ltd is not able to issue a ticket due to external circumstances (e.g. boarding off-airport).  

3.5 The flight ticket is also the baggage receipt for the transportation of the baggage. Mountain Flyers 80 Ltd transports the baggage if space and security regulations permit it. A piece of luggage may not exceed the dimensions of 80 x 40 x 30 cm and the luggage may not weigh more than 15 kilos per passenger. If several passengers are travelling in a group, the maximum dimensions per piece of luggage are still valid, but the weight limits can be calculated as a total.

3.6  The passenger/organizer shall inform Mountain Flyers 80 Ltd at the time of reservation if there are valuables or fragile equipment/objects or danger-ous goods in the luggage.

3.7 For safety reasons (especially weight limits, dimensions or dangerous goods), it may be necessary to transport baggage separately. Mountain Flyers 80 Ltd reserves the right to have luggage transported to the agreed destination by road. The costs for these transports are at the expense of the passenger/organizer.

3.8 The prerequisite for participation on flights is the personal suitability of the passenger in terms of his state of health and his weight. If a weight of 85 kg per PAX is exceeded, express permission must be obtained from Mountain Flyers 80 Ltd. Depending on the flight booked, Mountain Flyers 80 Ltd reserves the right to switch to a more powerful helicopter, in such cases, subject to an additional fee.

4. Delay and Cancellation / Program Change

4.1 Mountain Flyers 80 Ltd reserves the right to cancel the flight for technical and/or meteorological and/or operational reasons. Mountain Flyers 80 Ltd shall not be liable for any damages in the event of a delay or rescheduling of the flight for technical, meteorological or operational reasons or for other reasons for which Mountain Flyers 80 Ltd is not responsible. A change of program or route for technical, meteorological or operational reasons does not lead to either a price increase or a price reduction.

4.2 If the flight is cancelled for reasons for which the customer is not responsible, Mountain Flyers 80 Ltd will refund the paid booking/arrangement price, unless it was not possible to offer an appropriate replacement on site. Further claims are excluded. In the case of sightseeing flights and flights that are based on a voucher, the flight will be postponed to a later date. Further claims are excluded.

4.3  If the flight has to be aborted prematurely due to technical or meteorological reasons, Mountain Flyers 80 Ltd will bring the passenger, at their discretion, either back to the point of departure or to the destination by another helicopter or other means of transport as soon as possible. In the case of a return to the point of departure, Mountain Flyers 80 Ltd will make up the flight as soon as possible. If Mountain Flyers 80 Ltd brings the passenger to the destination by another means of transport, they will pay for the costs. Further claims are excluded.

4.4  If Mountain Flyers 80 Ltd informs the customer prior to departure that the flight may have to be cancelled due to meteorological conditions and the customer accepts this risk, the customer will pay for his onward journey to the destination or his return to the point of departure by another means of transport. The customer owes Mountain Flyers 80 Ltd the agreed transport price even if the flight is aborted.

4.5  If the departure is delayed because the passenger is not ready to board at the agreed time, Mountain Flyers 80 Ltd. can cancel the flight after a reasonable waiting period. If the flight has been arranged with other passengers, the flight will take place if more than 50% of the passengers are present. In this case, the absent passenger(s) have no right to a refund of the flight price or must pay it subsequently if it was not paid in advance. Vouchers are validated without notification to the customer.  

4.6 Cancellation or postponement of the flight by the passenger

The passenger can cancel the flight free of charge or postpone the flight date up to 8 days before the agreed date. In case of later cancellation or postponement of the flight, the following conditions apply.

• 7 - 2 days before the flight date: 50% of the total price
  24 hours (including "no show") 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 "no show") 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. Cancellation costs insurance is not included in the transport prices and arrangements and/or individual services.

5. Liability for damage to persons and luggage

5.1 Mountain Flyers 80 Ltd is liable for personal injury and baggage damage in the event of an accident in accordance with the provisions of the Regu-lation on Air Transport and 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 As far as permissible, liability is limited to gross negligence or intent.

5.3 Mountain Flyers 80 Ltd is exempt from liability to the extent that it proves that the customer or a third party has caused or contributed to the damage through a breach of duty or other unlawful act or omission.

5.4 In the case of death or personal injury, Mountain Flyers 80 Ltd is liable for damages up to the amount of 113'100 Special Drawing Rights per cus-tomer. In addition, they are liable for proven damage, unless they can prove that the damage is not due to a breach of duty or other unlawful act or omission by their employees or agents or that the damage is solely due to a breach of duty by a third party.

5.5 In the case of death or bodily injury, Mountain Flyers 80 Ltd will provide immediate financial aid within 15 days to the natural persons entitled to compensation in accordance with Art. 15 LTrV. In case of death, it amounts to at least 16'000 special drawing rights.

5.6 If Mountain Flyers 80 Ltd contractually offers the customer or his relatives a higher compensation payment than is legally owed in the event of an accident with personal injury, or if it waives the proof of exoneration, the offer and the waiver only apply to the injured party and not to regressive social security or other insurers.

5.7 If Mountain Flyers 80 Ltd has taken out passenger accident insurance in addition to the liability insurance for the benefit of the customer and pays compensation in the case of an accident with personal injury, Mountain Flyers 80 Ltd will credit the payments of the accident insurance against the liability claims of the injured party.

5.8 The liability for damages in case of destruction, loss or damage of checked baggage is limited to 1’131 Special Drawing Rights per customer. If the customer has declared a higher value at the time of booking and, if applicable, has paid the surcharge requested for this, liability extends up to the amount stated, unless Mountain Flyers 80 Ltd proves that this amount exceeds the actual value of the luggage. The liability does not apply to dam-ages caused by the nature of the baggage or an inherent defect in the baggage.

5.9 The liability for damages in case of delay in carriage is limited to 4’694 Special Drawing Rights per customer and 1’131 Special Drawing Rights per baggage. The liability does not apply if Mountain Flyers 80 Ltd proves that they, their employees and agents have taken all reasonable measures to avoid the damage or that it was not possible for them to take such measures.

5.10 If Mountain Flyers 80 Ltd does not transport the baggage by helicopter and hires a third party to transport it, they are not liable for any damage caused by or during such transport.

6. Pilot's right of instruction

As the commander of the aircraft, the pilot has the right to give instructions to all passengers. The passengers must follow his instructions and the instructions of the rest of the crew.

7. Flights abroad / travel documents

For flights abroad, the passenger is responsible for having the necessary travel documents (passport) and any exit and entry permits (visa). He/she shall bear the costs if an authority refuses him/her entry or exit.

8. Severability clause

Should individually provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be interpreted, reinterpreted, or supplemented in such a way that the purpose intended by it is achieved - to the extent permit-ted by law.

9. Applicable law and place of jurisdiction

All transport contracts with Mountain Flyers 80 Ltd, including international contracts, are subject to Swiss law. Place of jurisdiction is Bern.

III. TRANSPORT OF GOODS

10. General

10.1 The contract of carriage is concluded with the written or verbal booking. Mountain Flyers 80 Ltd. confirms the order in writing, by e-mail or by mail.

11. Prices, due date and cost estimate

11.1 All prices are in Swiss francs (CHF).

11.2 If an advance payment has been agreed and not fulfilled, Mountain Flyers 80 Ltd may refuse transportation.

11.3 Prior to the flight, Mountain Flyers 80 Ltd. will prepare a cost proposal. This will take into account the place of pick-up and place of unloading, estimated costs and the total weight of the cargo. Mountain Flyers 80 Ltd. reserves the right to subsequently charge for any adjustments that lead to deviations from the cost proposal.

11.4 The agreed transport price applies to transport under normal visibility and wind conditions and depends on the transported weight. If the transport price is based on rotations, a flight from the place of pick-up to the place of unloading and back shall be counted as one rotation.

12. Providing the flight operation material

Flight operations equipment such as struts, chains, buckets, nets, etc. will be provided by Mountain Flyers 80 Ltd. Loads will be attached by Moun-tain Flyers 80 Ltd. Task Specialist (TSOP) or by a trained Task Specialist Third Party (TST). The goods to be transported shall be provided in such a manner that the maximum weight specified in the quotation or by the pilot is not exceeded.

13. Preparation of take-off and landing sites and transport goods

13.1 It is pointed out that there are strong downdrafts during approach and departure as well as during transport or assembly by helicopter. Mountain Flyers 80 Ltd. accepts no liability for any damage caused by this downdraft to people, animals or property (vehicles, buildings, etc.). The pick-up and drop-off areas must be prepared accordingly, and safety distances or barriers on site must be guaranteed. Entry by unauthorized persons during flight operations must be excluded. This is the sole responsibility of the client. The flight assistants of Mountain Flyers 80 Ltd. are available for rele-vant advice upon request.

13.2 Additional time expenditure caused by incorrect or missing preparations of the transport or assembly goods as well as the pick-up and unloading sites will be charted to the customer additionally (expenditure according to minutes actually flown as well as stand fee).

13.3 The customer must ensure that his personnel and all other persons involved in the transport or assembly of the load or who are at the take-off and landing site follow the applicable safety regulations (SUVA 88819.d: "Nine vital rules for helicopter ground personnel"). He ensures that these persons are equipped with the necessary and prescribed protective equipment (helmet, gloves, safety goggles, assembly safety belts, colored protective clothing, etc.). The customer is responsible for turning persons away from the site who are not wearing the prescribed equipment. In case of disre-gard of these regulations, any liability and recourse claims against Mountain Flyers 80 Ltd. are excluded.

13.4 In the case of flights into inhabited areas, the customer shall inform the residents of the helicopter operation at least five days in advance. He will inform them of the location, time and duration of the operation, type of cargo, safety measures such as closing windows, retracting blinds, securing loose objects, moving animals to safety, moving vehicles and the telephone number of Mountain Flyers 80 Ltd.

14. Payload per flight

The transport capacity is assured for the air temperature designated as normal on the intended date of operation. If this is higher than normal, the payload to be transported shall be reduced in accordance with the technical flight regulations. The payload specified as maximum weight in the of-fer is binding. If the goods to be transported exceed the maximum weight specified in the offer, the additional flight costs required (expenditure ac-cording to the minutes actually flown) and demurrage charges shall be borne by the customer. In case of doubt, the on-board scale of the helicop-ter is decisive for the measurement of the loads. In the event of damage to the transported goods due to excess weight, Mountain Flyers 80 Ltd. or the corresponding insurance company declines all liability.

15. Delay / Cancellation

15.1 Mountain Flyers 80 Ltd. may postpone or cancel the flight for meteorological, technical or operational reasons without any consequence of dam-age.

15.2 If the departure is delayed because the cargo is not ready for carriage, or because the customer has not sufficiently informed local residents, or because safety is not guaranteed at the take-off or landing site, Mountain Flyers 80 Ltd. may cancel the flight after a reasonable waiting period. In this case, the customer must pay the expenses incurred and a standing charge per hour.

15.3 If the customer cancels the flight, the cancellation fees according to article 4.6 of this agreement apply.

16. Deviation from offer / order confirmation

In the event of a change in the order (different take-off or landing site, heavier underloads, etc.) compared to the quotation or order confirmation, the billing will change accordingly (based on the actual number of minutes flown). Mountain Flyers 80 Ltd. reserves the right to use a different type of helicopter than the one offered, whereby such a change will not affect the total amount of the offer.

17. Permits for take-off and landing areas

The permission of the landowner for the use of take-off and landing areas must always be obtained by the client. Likewise, any special permits from the local authorities (municipality, police) for flights of any kind over densely populated areas.

18. Liability for damage to goods

18.1 Mountain Flyers 80 Ltd. is liable for destruction, loss or damage of goods, if the damage occurred during air transportation, in accordance with the provisions of the Ordinance on Air Transportation and applicable international regulations.

18.2 To the extent permissible, liability shall be limited to gross negligence or intent.

18.3 Mountain Flyers 80 Ltd. is exempt from liability to the extent that it proves that the damage was caused or contributed to by the Customer, its employees or assistants or a third party through a breach of duty or other unlawful act or omission.

18.4 Liability for freight damage is limited to the statutory limit of 22 special drawing rights per kilogram. If the value of the goods exceeds this amount, the customer may take out transport insurance in addition.

18.5 Liability does not extend to the damage caused by the peculiarity of the goods or an inherent defect or defective packaging.

18.6 There is no liability for damage caused by delay if Mountain Flyers 80 Ltd proves that they, their employees and agents all have taken reasonable measures to avoid the damage or that it was not possible for them to take such measures.  

18.7 Mountain Flyers 80 Ltd. is not liable for damage to transported goods or on the ground, as far as the responsibility lay with the customer.

18.8 If the customer or his staff suffers damage on the ground as a result of the helicopter operation, Mountain Flyers 80 Ltd. Shall only be liable for, if it was caused intentially or through gross negligence.

18.9 If the customer or the recipient that the cargo has been damaged in transit, it must be reported to Mountain Flyers 80 Ltd. Immediately in writing.

18.10 In the event of justified complaints, Mountain Flyers 80 Ltd. will, at its option, replace the transported material or the reduced value. Beyond this, there are no claims for damages.

18.11 Mountain Flyers 80 Ltd. is insured for damage to transported goods to the extent that it is legally obligated to do so and is liable for damages. For more extensive coverage, the customer must take out his own insurance.

18.12 If Mountain Flyers 80 Ltd. or its insurance company compensates a third party for damage caused by the customer, its employees or assistants, the customer will hold Mountain Flyers 80 Ltd. harmless.

18.13 Damage for which Mountain Flyers 80 Ltd. is held responsible and compensation is claimed must be reported in writing to Mountain Flyers 80 Ltd. within three days of the event. Repairs to damaged vehicles, materials or buildings may only be made after consultation with Mountain Flyers 80 Ltd.

19. Force majeure

In the event of force majeure, neither of the contracting parties can be held liable by the other for any resulting damage. This shall also apply if a transport is cancelled or has to be postponed due to bad weather or due to a technical defect. If the customer insists on the execution of the transport in case of doubtful weather conditions and the pilot has to cancel or abort the transport on the spot, the customer has to pay for the in-curred costs (expenses according to the actually flown minutes).

20. flights abroad / import and export documents

20.1 The Customer shall procure all import and export documents necessary for the international carriage of cargo.

20.2 In the case of flights abroad, the applicable foreign regulations for the operation of a helicopter may take precedence over the Swiss regulations.