- The terms and conditions apply after placing an order in personal, by telephone or written to Helifly Events GmbH or Helifly Greece IKE – both hereinafter referred to as “Helifly”.
- The law of the Republic of Austria, excluding international private law, is agreed. The place of jurisdiction is the LG Wels.
- For the contractual relationship between the company Helifly and the passenger or the agency, the customer is exclusively subject to these terms and conditions. Agreements deviating from this require the written consent/approval of Helifly.
Order and contract
- Orders can be taken in person, by telephone or in writing. An express written confirmation by Helifly is not required for the formation of a valid contract, but may be made in writing at the request of either party. The contract is concluded between the Passenger or Agency Client and Helifly with the acceptance of the booking or order and in any case with the execution of the order.
- Offers from Helifly are always subject to change and, unless otherwise specified or agreed, until 30.
- The contract may be transferred to another person, provided that this person meets the personal requirements specified in §2.4. This must be communicated to Helifly in writing at least 24 hours before the flight.
- The minimum age for children not accompanied by a parent on board is 12 years, with a minimum height of 150 cm. Written permission from the parent or guardian is required. Helicopter flights are not recommended for infants and children under 3 years of age.
- The maximum weight of each passenger/customer must not exceed 120 kilograms, including clothing and hand luggage. Each passenger is allowed one piece of hand luggage (55 cm x 40 cm x 20 cm). For other luggage, not requested and agreed in advance, the maximum dimensions are 70 cm x 40 cm x 30 cm (soft case) and 25 kilograms. Since each helicopter has a maximum takeoff weight, passenger weights, baggage weights and baggage dimensions (if applicable) must be provided to Helifly prior to the start of the flight. Should it become apparent before take-off that the information is incorrect and therefore the take-off weight is over the limit or the baggage compartment is too small, Helifly reserves the right to refuse to carry out the flight.
- If the passenger does not arrive at the airport for take-off without prior arrangement, booking confirmations and tickets lose their validity without any right to a refund of the fare paid. In case of withdrawal or cancellation, § 4.4 applies.
Liability / Insurance / Compensation
- Helifly’s helicopters are insured by a liability insurance. This includes claims with keeper, passenger, baggage and cargo liability.
- For all claims of any kind, Helifly is liable only for the risks and sums covered by the insurance. Helifly is not liable for any further claims in any case.
- Unless otherwise agreed, Helifly is not liable for items brought by the passenger / customer, unless Helifly has caused the damage or destruction of the items intentionally or through gross negligence.
- Claims for compensation for damages of any kind, including damages not directly caused to the performance itself, such as delay, prevention of performance for any reason, positive breach of contract, culpa in contrahendo and tort, are excluded, unless the damage is due to intent or gross negligence and unless the exclusion of claims for damages prevents or jeopardizes the performance of the contract.
- Liability for non-ordinary damages (consequential damages) is excluded. This also applies to gross negligence.
- As far as a damage caused by Helifly was not caused intentionally or by gross negligence, the liability is limited to 30% of the agreed flight price.
- In the event of gross negligence on the part of Helifly, liability for damages is limited to the amount of the fare.
- Claims for damages under the Product Liability Act shall remain unaffected.
- Unless otherwise agreed, full payment for bookings or tickets must be made no later than 48 hours before departure, otherwise there is no obligation to perform the flight.
- Payment can be made over the phone or by email by providing your credit card information and a secure payment link via credit/debit card, bank transfer or PayPal. After receipt of payment you will receive your ticket as a PDF file. Full name and passport number are required to issue the ticket.
- Prices are inclusive of all taxes and fees.
- In case of cancellation more than or up to 48 hours before departure, the full amount will be refunded. Cancellations less than 48 hours but more than or up to 24 hours before the departure time will be charged 30% of the flight and cancellations less than 24 hours before the start of the flight will be charged 80% of the total amount.
- In case of no-show of the customer, the full amount of the flight will be charged.
- In case Helifly cancels a flight, the customer will be refunded the full amount according to the applicable EU regulations.
- If a flight is cancelled due to weather or an unexpected government restriction, the customer is entitled to a full refund unless they wish to reschedule.
- Once a flight has departed and the customer wishes to either cancel the flight or return, no refunds will be issued.
- All prices offered to customers are all-inclusive (all taxes, airport and handling fees, etc. are included in the price).
- Prices for flight brokers (resellers) are net prices and do not include commissions, but the usual reseller/partner discount and all taxes, airport fees etc..
- Helifly reserves the right to change prices at any time, notifying the customer by email before any change.
- Changes in prices apply only in case of force majeure (changes in VAT, excessive increase in fuel prices, special taxes imposed by the government, etc.), with the exception of flights for which the total amount has already been paid in full.
- Waiting time – 150 Euro/hour , fee for second pilot – 200 euros , overnight fee 400 euros, all depending on availability.
- Waiting time and overnight fees are charged only if the same passengers are on board on both routes.
- Passenger and baggage weight restrictions apply to all helicopters. The Customer is obliged to provide Helifly with the names and actual weight of all passengers, as well as the weight and dimensions of the luggage (if required) before the start of the flight.
- The flight confirmations sent are based on these weights and the customer is obliged to inform Helifly of any change.
- Helifly reserves the right to refuse to operate a flight if it is determined that the weight limit has been exceeded, or if the baggage is overweight and/or too large to fit safely in the helicopter’s baggage compartment.
- Helifly has detailed baggage compartment dimensions for all of its aircraft, as well as detailed specifications. If Helifly needs to call in a larger helicopter due to weight restrictions, additional fees will apply to the flight.
Flight upgrades/plane change
- Helifly reserves the right to reclassify the customer to a larger aircraft at no additional charge, and the customer will be notified of the change.
- If Helifly downgrades the Customer for technical reasons (flies with a smaller aircraft than the one requested), the Customer will be refunded the price difference (if any) and the change will be agreed between the Customer and Helifly before the start of the flight. If the customer does not accept a downgrade, Helifly will issue a full refund.
Responsibility of the intermediary
- The broker/reseller/partner is responsible for providing the customer with Helifly’s terms and conditions. Any cancellation or other problem resulting from the inability or negligence of the intermediary to provide the customer with all the conditions is the responsibility of the intermediary, who must therefore bear all costs in accordance with the conditions described herein.
- All customers are required to be at the departure point at least 20 minutes before the estimated time of departure (ETD).
- In the event of a passenger delay and if the aircraft’s schedule is affected, Helifly will provide an alternate ETD based on that schedule and make every effort to serve the customer. If the flight cannot be made on the same day, an alternative date will be offered. If the customer cannot make the flight on the modified ETD or on another date, this situation will be treated as a cancellation and 100% of the total amount will be charged.
- If Helifly delays the flight for technical or other reasons, the customer will be either upgraded or downgraded (if necessary), subject to the relevant conditions. If the customer rejects the alternative solution, a full refund will be issued.
- If the customer accepts the delay and/or schedule change, no refund will be given, except in the case of a downgrade.
- Once a flight has departed and the customer wishes to either cancel the flight or return, no refunds will be made.
- With the conclusion of the contract, the passenger / customer receives the right to a one-time helicopter flight on the booked flight route or for the booked flight duration.
- Passengers must arrive at the helicopter at least 20 minutes before the agreed take-off time. In case of late arrival, there is no guarantee that the helicopter will be available. In case of no-show, the right to the booked flight expires. In this case, there is no entitlement to a refund and any resulting losses. In this case, §5.9 also applies.
- All passengers must present their passport or ID card upon request. The pilot reserves the right to search passengers or their baggage with a metal detector if he deems it necessary.
- If the flight has to be cancelled or delayed due to technical problems, bad weather conditions or unexpected official restrictions, the passenger/customer will be informed in an appropriate manner. All flights are performed according to visual flight rules. If the weather conditions are bad and therefore do not allow a safe visual flight, the pilot can cancel the flight at short notice. In these cases, a new date will be arranged/confirmed in consultation with the passenger/customer, or alternatively the entire ticket price will be refunded. There is no claim for any consequential damages.
- The passenger/customer must follow the instructions of the pilot without fail. For damage to the helicopter caused by negligence or slight negligence on the part of the passenger/customer, the passenger/customer is fully liable.
- Passengers under the influence of alcohol or drugs will be denied boarding without compensation. Passengers who violate the pilot’s instructions may be excluded from the flight. A refund of the airfare is excluded in all these cases.
- Helifly assumes no liability for passengers’ personal belongings and luggage. Bringing fragile objects into the helicopter is at the passenger’s/customer’s own risk; the passenger/customer must follow the pilot’s instructions.
- The passenger / customer can revoke his contract as a consumer in distance contracts up to two weeks after receipt of the booking confirmation or the ticket in writing without giving reasons. The period begins with the delivery of the booking confirmation or ticket. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation must be sent in text form to Helifly.
- The right of withdrawal expires prematurely when the contract is fulfilled or the customer has expressly agreed.
- In the event of an effective revocation, the services already received shall be returned.
- If the end of the two-week revocation period falls within the periods specified in §4.4, these periods shall apply in any case.
Partial nullity clause
- Should one or more formulations of these terms and conditions not, no longer or not completely comply with applicable law, the remaining parts of the terms and conditions shall remain unaffected in their content and validity.