Terms and Conditions – TandemFlug

General Terms and Conditions (GTC) of TandemFlug

1. Scope of Application
1. a) These GTC apply exclusively, in addition to any other express contractual agreements between TandemFlug – represented by Gabriel Mata (hereinafter: TandemFlug) – and the flight students, participants, passengers, or customers (hereinafter: Customer), to all deliveries and services, particularly training courses, trips, tandem flights, or purchases from the TandemFlug specialist store.
2. b) Other terms and conditions, such as the customer's general terms and conditions, will not be recognized by TandemFlug, even if services are rendered or payments accepted without reservation, unless TandemFlug has expressly agreed to their validity in writing.
2. Conclusion of Contract
1. a) By booking (registering), the customer makes a binding offer to conclude a contract with TandemFlug. This offer is based on the description (travel information) and supplementary details provided by TandemFlug for the respective training, advanced training, trip, or tandem flight, provided the customer has been made aware of them.
2. b) Bookings may be made using the registration form on https://tandemgleitschirmflug.de/, by email, or via WhatsApp.
3. c) The customer is liable for all contractual obligations of flight students, co-travelers, or other persons for whom they make a booking, as for their own, provided they have expressly accepted this responsibility by separate declaration.
4. d) The contract is concluded when the booking confirmation (declaration of acceptance) from TandemFlug is received. No particular form is required. However, TandemFlug will generally send the customer written confirmation of registration at or shortly after the contract is concluded. This also applies to bookings via the registration form on https://tandemgleitschirmflug.de/.
5. e) If the content of the declaration of acceptance from TandemFlug differs from the content of the booking, this constitutes a new offer from TandemFlug, which is binding for 10 days. The contract is concluded on the basis of this new offer if the customer explicitly accepts it or makes a down payment within the binding period.
6. f) With regard to goods offered in or through the TandemFlug specialist store, a purchase contract between the customer and TandemFlug becomes valid only when TandemFlug accepts the customer’s binding offer to purchase specific goods.
3. Payment and Prices
1. a) The customer is obliged to pay the agreed prices for the booked services or purchased goods.
2. b) The prices listed for services or goods offered by TandemFlug include the applicable VAT.
3. c) Together with the confirmation of registration, TandemFlug sends an invoice, which must be paid in cash or by bank transfer within seven days of receipt, but no later than 7 days before the start of the event.
4. d) For travel contracts as defined in §§ 651a ff. BGB, a deposit of 20% of the travel price is due after conclusion of the contract and receipt of the corresponding invoice, and must be paid within seven days. The remaining balance is due 7 days before the start of the trip.
5. e) Any deposit paid will be credited toward the total travel price. Fees for trial courses will be fully credited if the participant joins an advanced course within 3 months.
6. f) If the customer fails to pay the deposit and/or the remaining balance by the agreed deadlines, TandemFlug reserves the right to withdraw from the contract after issuing a reminder with a deadline, and to charge the customer withdrawal costs or compensation as set out in Section 6.
7. g) In the event of a cancellation by the customer, TandemFlug may charge the full travel price.
4. Requirements for Participants in Training, Advanced Courses, Trips, Tandem Flights
1. a) By registering, the customer affirms that they are physically and mentally healthy and that no medical conditions exist which would prevent their participation.
2. b) Some events have an adventure character and require physical fitness. Information is provided to the best of our knowledge, but self-assessment is the customer's responsibility.
3. c) Participants are required to follow the instructions of the flight school staff. Failure to comply may result in exclusion from participation.
4. d) TandemFlug expects teamwork and appropriate physical fitness from all participants.
5. e) The customer is responsible for informing other participants of these requirements.
6. f) Minors under the age of 18 must provide written consent from their legal guardians.
7. g) The minimum age is 14; exams can be taken from the age of 16.
5. Services and Changes to Services and Prices
1. a) Services are defined in the booking confirmation and service description.
2. b) Changes are permitted if they are not significant and do not affect the overall nature of the service.
3. c) TandemFlug will promptly inform customers of any changes.
4. d) In the event of significant changes, the customer may withdraw free of charge or select an equivalent service.
5. e) Price changes are possible due to increased transport costs, taxes, or exchange rates, provided there are more than four months between contract conclusion and travel start.
6. f) Customers will be informed of any price changes without delay. If the price increases by more than 5%, the customer has the right to withdraw.
7. g) In the event of a tandem flight cancellation: up to 3 days in advance = no fee, 3 days = 25%, 48–24 hours = 50%, less than 24 hours = 100%.
6. Cancellation by the Customer
1. a) The customer may cancel at any time prior to the start of the trip or service. It is recommended that cancellation be submitted in writing to TandemFlug, Kröb 20A, 87645 Schwangau.
2. b) If the customer cancels before the start of the service or fails to attend, TandemFlug forfeits the right to the agreed price but may demand reasonable compensation, unless the cancellation is due to force majeure or the school's fault.
3. c) The compensation is a flat rate based on the proximity to the start date: up to 30 days prior = 20%, 29–15 days = 35%, 14–7 days = 50%, 6–1 days = 70%, on the day of arrival or no-show = 90%.
4. d) The customer may provide evidence that no damage or significantly less damage occurred.
5. e) Alternatively, TandemFlug may claim actual incurred costs, which must be documented.
6. f) The right to designate a substitute participant remains unaffected. The substitute must meet the requirements of Section 4.
7. g) In the event of cancellation, TandemFlug may charge the full travel price.
7. Rebookings
1. a) A one-time rebooking up to 30 days before the start to a date within 15 months is free of charge for courses with self-arrival or tandem flights, provided an equivalent service is available.
2. b) Payments already made will be retained. If the service is not used within 15 months, the payment expires.
3. c) From the 29th day before the start, only cancellation and new booking are possible (see Section 6).
4. d) Alternatively, a substitute participant may be designated (see Section 6f).
5. e) Rebookings must be made in writing.
6. f) In the event of cancellation, TandemFlug may also charge the full travel price.
8. Cancellation by TandemFlug Due to Minimum Participant Requirements Not Being Met
1. a) TandemFlug may cancel up to 14 days before the start if the minimum number of participants specified in the announcement or booking confirmation is not reached.
2. b) The customer will be informed without delay.
3. c) Any payments already made will be fully refunded.
9. Termination by TandemFlug for Behavioral Reasons
1. a) TandemFlug may terminate the contract without notice if the customer, despite a warning, persistently disrupts the event or behaves in breach of contract.
2. b) In such a case, TandemFlug retains the right to the agreed price, less any saved expenses or revenue from alternative use of the services.
10. Termination of the Contract Due to Force Majeure
1. a) If the performance of the agreed event (course, training, tandem flight, trip) is significantly hindered, endangered, or impaired due to unforeseeable force majeure at the time of contract conclusion, both TandemFlug and the customer may terminate the contract.
2. b) In the event of termination due to force majeure, TandemFlug loses the right to the agreed price but may claim compensation for services already rendered or those still to be rendered for the completion of the event, in proportion to the reduced actual value of the service compared to its value in a flawless state.
3. c) TandemFlug is obligated to take necessary measures resulting from the termination of the contract, especially if the contract included return transportation. The additional return costs shall be shared equally by both parties. Any further additional costs shall be borne by the customer.
11. Weather
1. a) If, due to weather conditions, practical flight segments of a course for the sport pilot license cannot be completed, the participant may make up the missing flights and services within 15 months from the course start, provided that TandemFlug can offer a suitable paragliding course. The same applies to booked tandem flights.
2. b) For holders of the A-license, B-license, or an equivalent pilot license, participation in advanced training and vacation trips is at their own weather-related risk. The advertised flight days in training and trip descriptions are non-binding and serve as a guide only. There is no entitlement to a specific number of flight days unless explicitly guaranteed.
3. c) It is up to the course leader to modify or cancel flight operations at any time based on weather conditions.
12. Unused Services
1. a) If the customer does not use individual services properly offered during the event for reasons attributable to them, there is no entitlement to a partial refund of the event price.
2. b) TandemFlug will attempt to obtain refunds for any saved expenses from the service providers. This does not apply to minor services or if legal or regulatory provisions prevent a refund.
13. Warranty
1. a) If an event is not provided or not provided as agreed, the customer may request remedy. TandemFlug may refuse remedy if it requires disproportionate effort. In case of performance issues, the customer is obligated under the law to contribute to resolving the issue and minimizing any potential damage.
2. b) The customer may demand a reduction in price if the event was not delivered as agreed and they did not negligently fail to report the defect immediately to TandemFlug or its travel representative. The price is to be reduced in proportion to the difference between the value of the booked event and the actual service provided.
3. c) If the event is significantly impaired due to a defect and TandemFlug fails to provide remedy within a reasonable time, the customer may terminate the contract. This also applies if the customer cannot reasonably be expected to continue due to the defect and the reason is apparent to TandemFlug. A deadline is not required if remedy is impossible, refused, or if immediate termination is justified by the customer’s special interest. In case of termination, the customer retains the right to return transport and only owes payment for services already received.
4. d) In case of a defect, the customer may also claim damages in addition to reduction or termination, unless TandemFlug is not responsible for the defect.
14. Limitation of Liability
1. a) TandemFlug’s contractual liability for damages not involving injury to life, body, or health is limited to three times the travel price, unless the damage was caused intentionally or through gross negligence or TandemFlug is responsible solely due to the fault of a service provider. Additional claims under the Montreal Convention or the German Aviation Act remain unaffected.
2. b) Tort liability for property damage not caused by intent or gross negligence is also limited to three times the travel price. This maximum liability applies per customer and trip. Additional claims related to baggage under the Montreal Convention remain unaffected.
3. c) If international agreements or related regulations for service providers of the organizer stipulate limitations of liability, TandemFlug may refer to these in cases of damage.
4. d) TandemFlug is not liable for performance disruptions, personal injury, or property damage in connection with third-party services clearly identified in the offer and booking confirmation as external services, unless the damage involves transport or accommodation or was caused by a breach of duty by TandemFlug. In these cases, the liability limitations in 14 a) to c) apply.
15. Assertion of Claims
1. a) Claims due to non-contractual performance of a trip under §§ 651c to 651f BGB must be asserted by the customer within one month after the contractually agreed end of the event. Although formal requirements are not mandatory, written notice is recommended.
2. b) This period also applies to baggage damage or delays during flights if warranty claims are being made. Baggage damage must be reported within 7 days, delays within 21 days of delivery.
3. c) The deadlines begin on the day following the contractual end of the trip. If the last day of the deadline falls on a public holiday, Sunday, or Saturday, the deadline extends to the next working day. After the deadline, claims are only valid if the customer was prevented from meeting the deadline through no fault of their own.
4. d) In case of cancellation by the customer, TandemFlug may charge the full travel price.

16. Limitation Period
1. a) Claims by the customer for injury to life, body, or health expire after two years, provided they are based on intentional or negligent conduct by TandemFlug or its representatives.
2. b) All other claims expire after one year.
3. c) The limitation period begins on the day following the contractually scheduled end of the event. If this date falls on a public holiday, Sunday, or Saturday, the next working day shall apply.
17. Damage and Loss of Equipment
1. a) TandemFlug is not liable for loss, theft, or damage to the customer's property. Participation is at the customer’s own risk, unless caused by the fault of TandemFlug.
2. b) Losses or damages to TandemFlug’s equipment caused by the customer must be compensated. The flight school covers damages only during the 4-day basic training, except in cases of non-compliance with instructions.
18. Passport, Visa, and Health Regulations
1. a) The customer must pay close attention to the passport, visa, and health requirements specified in the travel descriptions of TandemFlug, as well as any subsequent updates. These details apply to German citizens with German-issued passports or IDs. For other nationalities, the relevant consulate provides information. It is assumed there are no special personal conditions (e.g., dual citizenship, statelessness).
2. b) The customer is responsible for complying with all regulations necessary for travel. Any disadvantages, particularly cancellation fees, arising from non-compliance are the customer’s responsibility, unless caused by incorrect or omitted information from TandemFlug.
3. c) The customer must inform TandemFlug in a timely manner if the required travel documents have not been received within the communicated timeframe or at least 14 days before departure.
19. Insurance
1. a) TandemFlug maintains all legally required liability insurance for training, advanced courses, travel, and tandem flights. This includes paragliding liability insurance for equipment used by the school for training or provided to customers as rental. This insurance covers third-party damages caused by operation of the glider.
2. b) When using personal or third-party paragliders, the customer must ensure valid certification, liability insurance, and a current two-year inspection.
3. c) The customer's health insurance generally remains valid, as paragliding is not classified as a high-risk sport. However, customers should inform their personal accident/life insurers. Additional premiums may apply for aviation sports coverage.
4. d) For travel abroad and courses held outside Germany, TandemFlug recommends purchasing international health insurance and travel cancellation insurance.
20. Miscellaneous
1. a) The contractual relationship between the customer and TandemFlug is governed exclusively by German law.
2. b) Any verbal agreements or amendments to the contract must be made in writing. This written form requirement cannot be waived, even tacitly.
3. c) Should individual provisions of the contract be or become invalid, or if it contains a gap, the remaining provisions remain unaffected. The parties commit to replacing the invalid clause with a legally permissible provision that best reflects its legal and economic intent, or to filling the gap accordingly.
21. Liability of Borrower and TandemFlug
1. a) The borrower must handle the flight equipment with care and is fully liable for damage or loss occurring during the rental period.
2. b) The borrower confirms possession of a valid (restricted or unrestricted) paragliding license.
3. c) The borrower confirms possession of valid liability insurance, including recovery costs.
4. d) The borrower agrees to adhere to the agreed rental period. If exceeded, a surcharge of €200 for the paraglider and €150 for the harness applies.
5. e) The borrower confirms that their flying skills match the borrowed demo equipment.
6. f) The borrower commits to reporting all damages to TandemFlug.
22. Right of Withdrawal
1. a) According to § 312g para. 2 sentence 1 no. 9 BGB, there is no right of withdrawal for consumers in contracts for services related to leisure activities when the contract provides for a specific date or period. This means that when TandemFlug offers paragliding courses or advanced training without accommodation but tied to a specific date or period, the consumer cannot withdraw from the contract once confirmed. The booking is binding immediately upon confirmation. Withdrawal is only possible under the conditions outlined in section 6 of the TandemFlug General Terms and Conditions.