§ 1 General - Scope of applicationAll flight operations of the company SennAir GmbH are carried out under the AOC SK/036 of the air carrier Aerial East s.r.o. The contract of carriage is concluded between the client and the company SennAir GmbH. The deliveries and services of Sennair GmbH - in short Sennair - are exclusively based on these general terms and conditions. These general terms and conditions are an agreed component of all contracts concluded with Sennair.
They apply to future contracts even if they are not expressly included again. General terms and conditions of the client that are not in accordance with these general terms and conditions are only binding for Sennair if they have been accepted in writing by Sennair at the time of the conclusion of the contract. All changes to these general terms and conditions and all other additional agreements require the express written consent of Sennair in order to be valid.
§ 2 Offers
- Offers are always subject to change and, unless otherwise stated, are valid until the 30th day after the date of issue.
- Offers in brochures, magazines, advertisements, TV spots, radio spots, on the Internet and in other media, including prices, are non-binding.
§ 3 Liability
- In case of delays, default or impossibility due to changes in the order confirmation by the customer, recourse claims and claims for damages against Sennair as well as liability of Sennair are excluded.
- Force majeure, danger of war, mobilization, proclamation of a state of emergency and other reasons for which Sennair is not responsible and which prevent the execution of the order, release it from the obligation to perform for the duration of the hindrance. This includes all circumstances beyond the control of Sennair, in particular the refusal of flight and outlanding permits by the responsible authorities, as well as weather conditions, flight accidents, engine damage, loss of pilots, the failure of the contracted supplier to provide fuel on time, etc. Compensation and no liability will be accepted in the event of failure of the helicopter due to technical faults and accidents.
- In the cases mentioned in point 2, Sennair undertakes to remove the obstructions that have occurred with all means at its disposal as soon as possible, whereby the client must provide reasonable support. However, if an obstruction exceeds the reasonable time, both contracting parties can withdraw from the contract. Sennair is then entitled to the settlement of the services already rendered as well as any fees incurred (e.g. airport and landing fees or applications for external landing permits). In all the cases mentioned in point 2, recourse claims and claims for damages against Sennair as well as liability on the part of Sennair are excluded.
- If Sennair is culpably in default, the client has to set a grace period of 2 weeks in writing. Recourse claims can only be made if the delay was caused by Sennair at least through gross negligence. The same applies in the case of impossibility for which Sennair is responsible.
- Furthermore, Sennair is not liable for damages resulting from compliance with applicable legal regulations, flight regulations, official instructions or regulations, or for damages resulting from contributory negligence on the part of the passenger and also not for damages occurring on the way to or from the helicopter.
- Any liability of Sennair or its people for indirect or direct damage or loss of profit is excluded.
- The planned flight route, landing sites or flight time may be changed at any time, in particular for safety or operational reasons, without the passenger being entitled to any compensation.
§ 4 Permits and off-airport landing sites
- In principle Sennair will take care of obtaining permits/approvals. However, the client is obliged to support Sennair.
- The client has to secure the landing sites in such a way that unauthorised persons cannot enter them during flight operations. The instructions of the pilot and ground personnel concerning flight operations must be followed without fail. Claims for damages arising from non-compliance with the operating instructions cannot be accepted by Sennair. The client must name an employee who is responsible to Sennair for the handling of the order. Otherwise, the person with whom the order was concluded will automatically be chosen as responsible.
- The external landing areas must be prepared in accordance with the instructions of Sennair's employees (no loose objects, dust-free), maintained during flight operations and restored to their original condition after completion of the order.
§ 5 InsuranceEach passenger of Sennair is insured against an accident to the extent required by law. The baggage carried in the helicopter is also insured to the statutory amount.
§ 6 Cancellation conditionsIf an agreed flight date and/or a contract of carriage is cancelled by the customer, the following cancellation fees shall apply:
- From the date of booking: 25% of the order sum
- From 7 days before the flight date: 50% of the order sum
- From 24 hours before the flight date: 80% of the order sum
- From 12 hours before the flight date: 100% of the order sum
§ 7 Passenger transport
- The purchase of a flight ticket constitutes a contract of carriage between the passenger and Sennair.
- A voucher for a flight is also to be considered as a flight ticket.
- In the case of landings outside Sennair's location, all expenses and ancillary costs, such as landing and airport fees, off-airport landing permits, hangarage as well as food and accommodation for the crew and the risk of bad weather (e.g. return flights to alternative landing sites) shall be borne by the client.
- Sennair reserves the right to cancel flights for technical and/or meteorological reasons.
- For a flight cancelled for the above reasons, the passenger's claims do not expire. Instead, an alternative date will be agreed.
- A flight ticket only becomes valid after full payment.
- A flight date only comes into effect when at least 4 seats of the respective helicopter are fully booked.
- If you have not booked the entire helicopter but only have individual flight tickets, Sennair will contact you in a timely manner regarding possible flight dates.
- The Ticket Holder acknowledges that, for organisational and/or meteorological reasons, considerable time may elapse between the purchase of the Ticket and the performance of the flight.
- If a Ticket Holder rejects a proposed date from Sennair three times, Sennair reserves the right to reclaim the Ticket for a refund of the fare, less a 25% handling fee.
- There is no entitlement to a specific flight date for individual tickets.
- An agreed flight date or a contract of carriage can be cancelled by the customer under the cancellation conditions stated in § 6. A no-show or late arrival for a flight is also regulated in § 6.
- Sennair reserves the right to refuse carriage to anyone who has purchased a ticket in violation of the law or who is in a mental, physical or spiritual condition that could endanger the safety of the aircraft, its crew or passengers. A flight ticket/voucher loses its validity as a result!
- Flight tickets/vouchers are generally valid for one year. After this period, an air ticket/voucher can only be redeemed as a gesture of goodwill on the part of Sennair. Sennair reserves the right to charge a reasonable surcharge for the redemption of expired tickets/vouchers due to any price increases (e.g. fuel, personnel, official requirements, insurance, duties, taxes, etc.).
- The Passenger shall comply with the instructions of the personnel, shall approach or leave the helicopter only within the pilot's field of vision and shall wear a seat belt throughout the flight.
- Sennair assumes a maximum average weight for five passengers of 80kg for ladies, 95kg for men and 35kg for children. If a passenger weighs more than this, he/she is obliged to declare it at the time of booking. In the case of flights with six passengers, separate weight regulations for passengers apply. Flights with six passengers can only be confirmed after all weight information has been provided and the weight distribution on board has been clarified. Sennair Helicopter reserves the right to refuse a passenger's flight in case of missing or incorrect weight information in order to ensure a safe flight.
§ 8 Period of validity of vouchersIn principle, vouchers are valid for 1 year from the date of issue. The validity is noted on the voucher by means of "valid until".
§ 9 Terms and conditions of purchase and delivery in the Internet shopThe contract is concluded with the company SennAir GmbH (company register no. 472055z, district court Zell am See).
- Ordering vouchers and articles:
In order to keep the order costs as low as possible, you can pay for the vouchers and articles directly by credit card or online bank transfer and have the voucher sent to you free of charge by e-mail. However, the vouchers can also be sent by post. The vouchers are provided with a consecutive number which is required to redeem the voucher. The customer is responsible for maintaining the confidentiality of the voucher template. SennAir GmbH is not liable for the misuse of the voucher template. Each voucher can only be redeemed once.
- Minimum age
Only persons over the age of 18 are entitled to make purchases in our Internet shop.
- 3. Prices and products
- The vouchers purchased or ordered cannot be redeemed for cash.
- If the purchase is less than the value of the voucher, you will receive a further credit note from SennAir GmbH.
- The invoice with proof of taxation can only be issued at the time of the actual performance of the service, i.e. when the voucher is redeemed (UstG).
- No liability is accepted for late delivery by post.
- The voucher is only valid when the amount due has been paid in full.
- The period of validity of the vouchers is printed on the voucher. The voucher must be redeemed within this period. Vouchers are valid for an unlimited period.
Deviations in photos are possible. Errors and omissions excepted.
- Security guarantee & data protection
Your security has the highest priority! Therefore, data such as credit card number, bank code, account number, name and address are transmitted via a protected SSL line when paying with credit cards. This means that no unauthorized person can read the data you enter during transmission on the Internet. In order to provide additional security in the voucher shop, we apply a number of additional security measures. Your details are processed by us with the aid of automated systems. In this context, you will only receive advertising information from the shop operator. This data will not be passed on to third parties.
- Exchange and return
Vouchers/products/articles that do not meet your expectations should be returned to us in their original condition within 14 days of being sent. It is sufficient if the written declaration of withdrawal (cancellation) is sent within 14 days. However, the right of withdrawal does not apply if the use of the service has already begun within the withdrawal period.
This right of return applies to customers who are consumers within the meaning of the Consumer Protection Act.
In the event of loss, theft or cancellation of vouchers, no compensation can be provided by SennAir GmbH.
§ 10 Final provisions
- Austrian law shall apply.
- The language of the contract is English.
- The contracting parties agree on Austrian, domestic jurisdiction. The exclusive place of jurisdiction is Zell am See.
Place of jurisdiction and company register: Zell am See, 472055z.
- 4. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.