General Terms and Conditions
§ 1 Scope of application
1. HELIGOLF (sole proprietorship) - hereinafter referred to as HELIGOLF - offers helicopter flights, in particular combined with a golf trip, via its website heli-golf.com.
2. HELIGOLF services are provided exclusively on the basis of these General Terms and Conditions (hereinafter GTC). These GTC are an agreed part of all contracts concluded with HELIGOLF.
3. The GTC apply to future contracts even if they are not expressly included again.
4. The version of the GTC valid at the time of conclusion of the contract is decisive.
5. Deviating conditions of the client are not accepted. This also applies if HELIGOLF does not expressly object to the involvement.
§ 2 Conclusion of contract
1. The client can make a non-binding inquiry via the HELIGOLF website. HELIGOLF submits a non-binding offer to conclude a contract to the client by e-mail according to the request. The client can accept this offer within 30 working days by sending a confirmation of acceptance by e-mail and thus makes a binding offer to conclude the contract. After the deadline without result, HELIGOLF's offer is considered rejected. Information from HELIGOLF in brochures, magazines, advertisements, TV commercials, radio spots, on the Internet and in other media is only non-binding, including prices.
2. A legally binding contract comes together through the order confirmation sent by HELIGOLF.
§ 3 Delay and impossibility
1. If there are delays or an impossibility of order execution due to subsequent changes to the order confirmation by the client, recourse claims and claims for damages to HELIGOLF as well as liability of HELIGOLF are excluded.
2. Force majeure, danger of war, mobilization, declaration of a state of emergency and other reasons for which HELIGOLF is not responsible and which prevent the execution of the order, release HELIGOLF from the obligation to perform for the duration of the disability. This includes circumstances outside the sphere of power of HELIGOLF, in particular the refusal of flight and external landing permits by the competent authorities, the weather conditions, flight accidents, engine damage, other technical reasons, the failure of pilots, the untimely provision of fuel by the commissioned supplier and the like. In the aforementioned cases, HELIGOLF is not liable for the damage incurred by the client.
3. HELIGOLF undertakes, in the cases referred to in § 3 para. 2, to remedy the disabilities that have occurred as soon as possible by all means at its disposal, whereby the client must provide the reasonable support. However, if a disability exceeds a reasonable period of time, both parties may withdraw from the contract. In this case, HELIGOLF is entitled to provide the client with the services already provided as well as any fees already incurred (e.g. B. Airport, landing fees, etc.). In the aforementioned cases, recourse claims to HELIGOLF are excluded.
4. If HELIGOLF is culpably in default, the client must set it a grace period of two weeks in writing. After fruitless expiry of the period, the client can withdraw from the contract. In this case, recourse claims against HELIGOLF - with the exception of bodily and health damage - can only be made if HELIGOLF caused the delay at least through gross negligence. The same applies to impossibility for which HELIGOLF is responsible.
§ 4 Liability
1. HELIGOLF is liable within the scope of the statutory provisions. With the exception of bodily injury and health damage, HELIGOLF is not liable for slight negligence.
2. HELIGOLF is not liable for damages resulting from the fulfillment of applicable legal regulations, flight regulations, official instructions or from the fact that the client does not fulfill the resulting obligations.
3. HELIGOLF is not liable for damage caused on the way to or from the helicopter.
4. The liability of HELIGOLF in no case exceeds the amount of proven damage. HELIGOLF is only liable for indirect or consequential damages that do not affect life or health if they were caused by gross negligence or intentionally.
5. Exclusion and limitations of HELIGOLF's liability also apply mutatis mutandis in favor of HELIGOLF's employees or representatives.
6. The planned flight route, landing sites or flight times can be changed at any time, in particular for safety or operational reasons, without the client being entitled to compensation.
§ 5 Permits and outdoor landing sites
1. In principle, HELIGOLF will ensure the obtaining of permits and permits (departure and landing permit), declaration of consent from the person entitled to land dispose, etc. However, the client undertakes to support HELIGOLF in this.
2. External landing sites must be secured by the client in such a way that entry by unauthorized persons during flight operations is excluded. The instructions of the pilot and ground staff concerning flight operations must be strictly followed. HELIGOLF is not liable for damages incurred in the event of non-compliance with operating instructions and/or insufficiently secured outdoor landing sites.
3. The client must design an employee who is responsible to HELIGOLF for order processing. Otherwise, the person with whom the order was closed will automatically be chosen as responsible.
4. The outdoor landing sites must be prepared according to the instructions of the HELIGOLF employees (no loose objects, dust-free), maintained during flight operations and restored to their original condition after the order has been carried out. The costs for this are to be borne by the client. If the landing site selected by the client proves to be unsuitable before or during the execution of the order, so that another landing site must be avoided, the additional costs incurred as a result must be borne by the client.
§ 6 Insurance
The client is insured against an accident in the amount required by law. The travel and golf luggage carried in the helicopter is also insured in the statutory amount.
§ 7 Payment, delay
1. The invoice amount is due immediately upon receipt of the invoice and must be paid within seven days without any deduction.
3. If the client is in default of payment, HELIGOLF is entitled to demand default interest of 5 percentage points above the base interest rate of the European Central Bank.
§ 8 Cancellation
If a contract is cancelled by the client, the following cancellation fees apply:
Up to 14 days before the flight date, 0% of the order amount
From 14 days before the flight date 35% of the order amount
From 7 days before the flight date 65% of the order amount
From 24 hours before the flight date 90% of the order amount
If the client does not appear unexcused or arrives too late on an agreed flight date, the right to a fellow flight expires without replacement.
The client reserves the right to prove that HELIGOLF has suffered less damage. In this case, the cancellation fee will be reduced accordingly.
§ 9 Flight requirements, physical restrictions
1. The flight is only permitted to people who are not under the influence of alcohol, consciousness-expanding drugs, medicines or other intoxicating substances. Health restrictions must be reported to the pilot before the start of the flight.
2. The client and the other passengers must follow the instructions of the staff. You may only approach or move away from the helicopter in the pilot's field of vision. All passengers must be fastened during the entire flight.
3. HELIGOLF assumes a maximum average weight of 80 kg for passengers, 95 kg for men and 35 kg for children. If a passenger weighs more, the client is obliged to announce this at the time of booking. Otherwise, HELIGOLF has the right to refuse a passenger the flight to ensure a safe flight.
§ 10 Validity of vouchers
Vouchers are generally valid for one year.
After that, a voucher can only be redeemed on the goodwill of HELIGOLF. When redeeming expired vouchers, HELIGOLF reserves the right to make a reasonable surcharge through any price increases (such as B. Fuel, personnel, official requirements, insurance, levies, taxes, etc.).
§ 11 Data protection
HELIGOLF treats the personal data of its clients confidentially in accordance with the statutory data protection regulations. The data will not be passed on to third parties without the express consent of the client or only within the framework of the necessary processing of the contract.
§ 12 Place of performance and jurisdiction
Place of performance and jurisdiction for all contracts concluded with HELIGOLF is München.