Terms of Service
The deliveries and services of HUBI-FLY Helikopter GmbH - in short HUBIFLY
shall be made exclusively on the basis of these general terms and conditions.
These terms and conditions are an integral part of all contracts concluded with HUBI-FLY. They
shall apply to future contracts even if they are not explicitly announced. Terms and conditions of the customer which do not correspond to these General Terms and Conditions of HUBIFLY shall only be binding if they have been recognized in writing form by contract. All changes to these terms and conditions and all other supplementary agreements need the consent of HUBI-FLY in written form.
§ 1 Offers, performance data
1.1 The offers are always free and limited, and valid for 90 days.
1.2 Offers shall be made on the basis of the performance data of the relevant
helicopter at sea level in normal atmosphere.
1.3 The client acknowledges that the performance data of a
helicopter both from the height above sea level, as well as the temperature of the day of flight, may be different. The helicopter performance data and flight durations in the offer and in the order confirmation are therefore guide values.
1.4 Informations in brochures, advertising campaigns, exposés
etc., including the prices are non-binding.
§ 2 Delivery and use periods, delay, impossibility
2.1 The delivery period begins with the order confirmation
included date. In the case of changes requested by the customer,
the beginning of the delivery and service period shall be determined after the date of the
written confirmation of change. The order and change confirmations
shall be immediately executed by HUBI-FLY.
2.2 In relation to merchants, para. 1 shall apply, with the provison that the delivery and service period
are not binding, unless in writing confirmation of the date.
2.3 Force majeure, danger of war, mobilization, exclamation of the
exceptional circumstances and other reasons which HUBI-FLY is not responsible for
and to prevent the execution of the order, release this from the
obligation to perform for the duration of the disability. These are all outside
of the sphere of influence of HUBI-FLY, in particular the
refusal of flight permitions and landing permits by the competent authorities,
further the weather, air traffic accidents, engine damage,
deficiency of pilots, or fuel not being provided in time by the
contracted supplier. The customer acknowledges that HUBI-FLY is flying their aircraft
as a matter of priority for rescue, fire brigade and disaster relief operations. In these cases HUBI-FLY is excluded from the contract obligations for the duration of the priority assignment.
No damages and no liability will be given in case of failure of the helicopter
through technical malfunctions and accident.
2.4 HUBI-FLY undertakes, in the cases referred to in point 3,
with all the means at their disposal
as soon as possible, with the client being able to do so
Support. However, if a disability exceeds the threshold
reasonable time, both contracting parties may withdraw from the contract.
HUBI-FLY, then the calculation of the services already rendered is accepted.
In all cases referred to in points 3 and 4, claims for reimbursement are due
HUBI-FLY is excluded.
2.5 device HUBI-FLY is culpably in default, the customer has in writing
a grace period of two weeks. Claims for recourse may only be collected
if the delay of HUBI-FLY is at least grossly negligent
was caused. The same shall apply to HUBI-FLY .
§ 3 Permits, landingsite, loading and unloading, takeover
3.1 The customer acknowledges that before the execution of the order all
required official approvals, such as external departure and departure
Landing permits, possibly required special permits, such as
Approval for authorizing the withdrawal and withdrawal of Soffen,
Aerial photography, etc., and for external loading sites which are intended to accommodate
Persons and burdens are provided, the consent of the
Authorized to land by law
must be available.
3.2 In principle, HUBI-FLY will ensure the granting of these authorizations.
The client undertakes however to support HUBI-FLY and
to act on their behalf.
3.3 The outside sites must be secured by the customer in such a way that:
an entry by unauthorized persons during the flight operation is excluded.
The instructions of the pilot and the ground crew, the flight operation
must be complied with.
Claims for damages resulting from failure to comply with the
HUBI-FLY can not be accepted
become. The client shall appoint a staff member who:
HUBI-FLY is responsible for the order processing.
3.4 The outside landing places are according to the instructions of the HUBIFLY staff
(no loose objects, dust - free), during the
Service and after the execution of the order in the
original state. The costs for this are covered by the
3.5 If either the loading and unloading location specified in the tender is canceled without
Agreement of HUBI-FLY changed, or should be before or during the
Order execution of the landing, loading or
Unloading place as not suitable, so to other places
the resulting multi - flight time and
Additional costs to be borne by the client.
3.6 The goods to be transported shall be weighed by the customer and shall be marked with a list of items
at the agreed land square in good time and in the HUBIFLY
transport. Can be used in a flight
due to the fault of the customer (for example, bad site preparation,
incorrect weight indications, incorrect parts during assembly, etc.) and the
resulting longer flight times the offered fixed price does not
, the customer shall pay for these additional costs.
§ 4 Transfer of risks and insurance
4.1 In the event of load transport, the risk is transferred to HUBI-FLY as soon as the
which is connected to the aircraft, leaves the earth's surface
as long as the transport material has been removed again
4.2 The customer acknowledges that the freight is only up to the amount
of € 34.60 per kilogram is insured.
§ 5 Prices
5.1 The offered prices are net price travel without the respectively valid VAT
in each case valid VAT is indicated separately in the invoices and
shall be borne by the customer.
5.2 If wages, salaries, operating costs, in particular
Fuel taxes), government taxes, fees and taxes, etc
Order confirmation or during the duration of the contract, the
Additional costs against proof from the client separately. The
shall also apply if the client changes the agreed scope of work and
thereby, Such as overnight accommodation, travel expenses and the like HUBI-FLY.
5.3 The cost of the transfer, i.e. flights between the location of the
Aircraft and the place where the order is placed, are always the responsibility of the customer
even if these are not separate in the order confirmation
§ 6 delivery notes, flight reports
The persons signing the delivery notes or flight reports apply
to HUBI-FLY than to accept deliveries and services
authorized. These persons shall be deemed to be authorized to make the delivery and delivery
List of services by signing the delivery note flight report.
§ 7 Liability for Defects
7.1 Defects must be reported immediately to HUBI-FLY. Not at all
the delivery or service shall be deemed to have been approved. Dike
Notice of defect shall be given in writing. Verbally or remotely
Any complaints submitted shall require the written approval
Confirmation of receipt by HUBI-FLY. Flight attendants and ground crew
are not entitled to receive the complaint. The deadline for judicial
Assertion of warranty claims shall be made at 3 months
7.2 In case of justified complaints, HUBI-FLY replaces the delivered or
transported material. HUBI-FLY can also replace the inferior value.
For cases where HUBI-FLY for the material supply also
flight costs will be replaced. Furthermore
there are no claims for damages.
7.3 For damage caused by the transport or by a contract
agreed or otherwise necessary disposal of hazardous substances or substances
other objects on the aircraft or on third parties, the clients.
§ 8 Passenger transports, taxiflights, roundtrips and corporate flights
8.1 By acquiring the flight ticket (order confirmation) is between the passenger
and HUBI-FLY signed a contract of carriage.
8.2 Any person carried on an HUBI-FLY aircraft shall be provided under all
To be in possession of a valid flight ticket.
8.3 The owner of the flight ticket is responsible for domestic flights according to national laws and regulations
International flights in accordance with the provisions of the Warsaw Convention
statutory amount insured against accident.
8.4 The travel baggage carried in the aircraft is also legally
prescribed amount. In addition, any liability is excluded.
No liability is assumed for fragile or perishable objects.
8.5 The entrainment of explosive-, fire-, radioactive or pressurized
shall be prohibited.
8.6 HUBI-FLY shall not be liable for damages resulting from the observance of applicable laws and regulations
Flight regulations, regulatory requirements or instructions or
the fault of the passenger and also for damages that are caused by:
on the way to or from the helicopter.
8.7 The passenger must himself comply with all official formalities laid down by the authorities
necessary entry and entry and other documents.
8.8 In the case of landings outside the location, all expenses shall be as
Airport charges, hangar, catering and accommodation of the crew as well
the risk of bad weather (e.g., reversal flights to alternate landing sites) to the
The following additional conditions apply for tours according to our tour program:
The ticket becomes valid after full payment.
8.9 A flight term is concluded when one or more machines are booked.
The company HUBI-FLY makes a timely contact with the
Owner of the ticket.
8.10 The passenger acknowledges that from organizational and / or
for technical reasons between purchase of a ticket and the execution of the
A considerable time.
8.11 There is no claim for a specific flight date.
8.12 If the passenger departs from an already agreed round trip within 72
Hours prior to the execution without providing for a replacement, or appears
If he fails to arrive at an agreed round trip date, or if he is late, the
Claim / voucher / ticket for a free flight.
8.13 Passenger seating is assigned by HUBI-FLY. The passenger has
no claim to a specific seat.
8.14 The routes, landing sites and flight times provided by HUBI-FLY may be used
at any time, in particular for reasons of safety or operational reasons
without the passenger being entitled to a claim for compensation.
8.15 Vouchers can not be redeemed in cash. Vouchers are valid from the date of issue for 6
Months Price-bound. Occurs during or after the 6 month price fixing
Change of the respective price, the customer can change the difference to the current price
or the performance becomes aliquot by the price increase
8.16 The crediting of vouchers purchased by HUBI-FLY sales partners
other HUBI-FLY products are not possible.
8.17 If a passenger does not appear to HUBI-FLY and HUBI-FLY
confirmed date, HUBI-FLY is entitled to the voucher at the sales partner
8.18 HUBI-FLY reserves the right to make technical and / or meteorological flights
Reasons. Claims of the passenger do not expire. In this case
a new appointment will be made as soon as possible.
8.19 If a ticket holder rejects a proposal from HUBI-FLY three times,
HUBI-FLY reserves the right to reimburse the ticket against reimbursement of the flight price
20% processing fee.
§ 9 Transport, material and assembly flights
9.1 Prerequisite for the feasibility of the flights are visibility weather conditions
for helicopters as well as the clarity of the machines.
9.2 The HUBI-FLY shall be prepared for loading and unloading points.
9.3 In the case of changes in the data of more than + 5%, HUBI-FLY reserves the right to:
to adjust the billing of the order accordingly. The following apply
Weight of helicopter weighbridge.
9.4 Damage to transport goods and to third parties must be made within 2 days after
Day of the HUBI-FLY company. Of the
The client is concerned about the land permit on the land and land
9.5 Unless otherwise agreed, HUBIFLY shall provide the necessary flight equipment
made available. The loads are borne by the employees of the company
HUBI-FLY prepared and attached.
§ 10 Payment
10.1 Flights are to be paid in advance.
10.2 In the case of flights, if payment is to take place immediately before the flight takes place, a
binding booking only by giving the credit card details of the customer and / or
a safety performance.
10.3 If it is agreed that an accounting is made after the flight: Invoices
are payable immediately, from date of invoice without deduction.
10.4 Bills of exchange and checks will not be accepted.
10.5 In the event that the payment goal is exceeded, the customer shall have no reminder
Interest at the rate of 4% above the bank rate.
10.6 HUBI-FLY shall be aware of any circumstances that arise after the acceptance of the order
Creditworthiness of the client seriously, is HUBI-FLY
entitled to withdraw from the contract, or only against prepayment or
Safety performance. If the order is already processed, HUBI-FLY
immediately adjust and settle all services. Regarding the not yet
it may require security services or
Of the contract.
§ 11 Cancellation fees:
Unless otherwise agreed in writing, the following cancellation terms shall apply:
11.1 In case of workflights / film flights / Charter flights:
From 24 hours before the start date: 50% of the order sum
Less than 12 hours before the start date: 100% of the order sum
Nightshows to the booked flight date: 100% of the order sum
11.2 For round trips with vouchers:
Failure to appear or appear late at the agreed time: the flight is deemed to be
and is settled.
11.3 In the case of booked flights which the customer pays before the flight in cash in the field, the
The customer must indicate his valid credit card data as a guarantee. Appears the customer
a reservation fee of 28% of the total amount will not be charged on the agreed date
from the credit card.
11.4 In any case, the services already provided by HUBI-FLY and
Expenses to the customer.
§ 12 Offsetting
The customer is entitled to a set-off right only if his counter-claim
acknowledged in writing or legally established.
§ 13 Place of Performance and Jurisdiction
The place of performance and jurisdiction for all orders placed with HUBI-FLY is Vienna. HUBI-FLY
is not, however, impaired by this agreement in the event of any legal dispute with the
court responsible for the client. It is expressly agreed,
that only Austrian law is applicable between the parties to the contract.
Should individual provisions of these terms and conditions be invalid, this has no effect on the other.
The instructions of the pilot and the ground personnel concerning the operation are
must be followed. Claims for damages resulting from failure to comply with the
Instructions can not be accepted by HUBI-FLY.
The client should name a member of staff who communicate with HUBI-FLY.
Vienna, on 01.03.2015 HUBI-FLY Helikopter GmbH