Terms and Conditions

T E R M S   A N D   C O N D I T I O N S

for Tandem-Skydiving
with Tandemmichl GbR


These general terms and conditions apply in the current valid version for all tandem jumps at Tandemmichl GbR (hereinafter "Tandemmichl") and are the exclusive basis for all services provided by Tandemmichl and the skydiving instructor. All agreements, amendments to the contract, as well as additional agreements differing from these conditions require the written approval of Tandemmichl. The tandem passenger designated for the tandem skydive is referred to here as a "passenger",the tandem-jumper, if any, as a "contract partner".


2. Registration

The registration for a tandem jump takes place by telephone, via the domain http://mein-skydive.de or via external agents.


3. Requirement

a)
The minimum age for a tandem jump is 14 years. The possibility of a tandem jump is also dependent on the body size and the entire constitution. A maximum weight of 90 kg applies. Under exceptional circumstances, this guideline can be exceeded in exceptional cases as long as the safety for the passenger and the tandem master is ensured. If an excess of 90 kg is exceeded, an additional fee of 10 EUR will be charged for each additional kilogram, the maximum of 100kg is allowed. The tandemmaster can control the weight of the passenger by weighing on the ground. In principle, people with disabilities can also experience a tandem jump. This depends on the degree of disability.

b) The decision as to whether a tandem jump can be carried out without safety concerns is always met by the tandem master and tandem master.

c) The passenger and the contracting party are obliged to notify Tandemmichl and the tandem master without delay of the absence of the requirements referred to in point a), as well as only concerns.

d) If the jump is canceled by tandemmichl or the tandemmaster for these reasons (absence of the requirements or concerns mentioned in a), the following applies:
- In the event of a deliberate or grossly negligent breach of the obligation to notify in c), the full cost of the jump shall nevertheless be paid.
- In other cases, a flat rate reimbursement of € 100 is payable.

e) The Tandempassagier must bring proper, solid shoes.


4. Tickets / (gift-) Vouchers / Vouchercodes

Tickets issued by Tandemmichl or the Tandemmaster are subject to a period of grace. They expire without further ado with the expiration of the third calendar year following the year of their exhibition. The tickets are also subject to a price guarantee of 12 months from the date of their exhibition. If the tandem jump takes place after this and Tandemmichl is not represented, and the ticket price has increased in the meantime between the price at the time of the exhibition, the difference must be paid before the tandem jump. Tickets can not be paid in cash or in any other way.
The above rules on tickets also apply to (gift-) vouchers.
The resale e.g. On eBay is prohibited and only authorized by authorized dealers. Such unauthorized resale coupons are not eligible for repayment or redemption.


5. Compensation / Prices


The price of tandem jumps and tickets or (gift) vouchers stated on the website is binding.
Tandemmichl reserves the right to require a reservation lump sum of 30.00 EUR for tandem jumps with the payment method on site. The reservation fee can be paid in advance (bank transfer) or Paypal. The reservation fee is charged to the total sum. Prices are without VAT. The accounting for Tandemmichl is without value added tax pursuant to § 19 para. 2 UStG for small businesses. In the case of tickets / (gift) vouchers, there is also a flat rate for shipping and packaging costs.


6. Payment options

The reservation package for tandem jumps (only on site payment) can be paid in advance (bank transfer) and PayPal. The contract partners can pay tandem jumps from Tandemmichl in advance, on site in cash, credit card, EC card payment, Paypal and by voucher. Payments for tickets or (gift) vouchers can be made by the contractual partner by advance payment / bank transfer or PayPal. For payment via PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de apply. You can find information on the costs of the selected payment medium as follows:
PayPal            1,9 % of the order value + 0,35 EUR
Credit card      2,75% of the order value
EC-Card          0,95 % of the order value


7. „Liability Waiver“


Prior to the tandem skydive, the passenger must sign a "liabiliy waiver form", in which all the information requested is true. After the tandem skydive he has to confirm by signing that he has felt well and has suffered no impairments.


8. Time schedule

The tandem jump takes about one hour with all preparations. Nevertheless, waiting times are normal and must be taken by the passenger accordingly. An appointment can be postponed for several hours, especially due to weather conditions or for organizational reasons.


9. Date agreement by Tandemmichl - deadline consultation by the contract partner

a) Deadlines agreed with the tandemmaster can be considerably delayed or even canceled due to unforeseeable events. Examples can be bad weather, too few number of parachute jumpers at the airfield, illness of the pilot or the tandemmaster, technical defect of the aircraft, official instructions (eg the flight safety). Only the Tandemmichl or the Tandemmasters or the performing power carriers, club air sports providers, ski school, pilot are entitled to cancel the contract. In no case will the Tandemmichl or the aforementioned persons be liable for any costs incurred, in particular not for travel expenses. Discharges are agreed individually and without additional costs.

b) The contractual partner is obliged to contact the tandemmaster by phone on the day before the agreed jump date by means of the feasibility of the jump.


10. Appointed day

By appointment from April to October, see current dates on our website www.mein-skydive.de.


11. Cancellation / rebooking by the passenger / contract partner

If you are unable to meet a deadline that you already set, please inform Tandemmichl as soon as possible. If the deadline is not observed by the participant or canceled or canceled in due time, the following cancellation schedule applies:
- Up to 14 days before the agreed date, the cancellation / transfer is free of charge.
- Cancellation 3 - 1 day prior to the agreed date, 50 euros will be charged.
- In the case of non-entry of the jump or cancellation on the day of the agreed date, 100% of the ticket costs will be charged. Tickets or vouchers will then become invalid and only valid once the above cancellation fees have been paid. Any deposit payment made may be charged by Tandemmichl. Cancellations or changes must be made by telephone at +49 (0) 1577 6800222 or +49 (0) 176 84706998.


12. Locations / Tandemmaster / Skydiving instructor

There is no claim to a specific instructor or a specific location. In principle, the dropzone is the designated airfield. The tandemmaster is named by Tandemmichl. For organizational reasons, Tandemmichl or the tandem master is entitled to set up a substitute tandem master for a specific date, which must be reasonable for the passenger or a substitute tandem master.


13.
Insurance and Liability

The skydiving equipment and aeroplanes are subject to European and / or German air law and are insured as follows:

- Statutory holder's liability insurance (individual) with damage to the take-off aircraft, sum total of EUR 1.5 million with personal injury and material damage.

- Air carrier liability insurance (passenger liability insurance), cover sum 600,000 EUR for personal injury.

The passenger is therefore insured during the tandem jump over the air sports equipment and the passenger liability. The passenger is responsible for any additional insurance cover. In the event of damage caused by intent, gross negligence or breach of statutory provisions, he shall be liable in full.

Our liability is limited exclusively to intentional and gross negligently caused damages. This exclusion of liability does not apply to damages resulting from injury to life, body or health, which are due to a negligent breach of duty on our part or a deliberate or negligent breach of duty on the part of a legal representative or vicarious agents

a) The contractual partner as well as the passenger waive all claims against tandemmichl, the tandemmaster and, if applicable, the event organizer, which might result from the fact that he is on the occasion of and in connection with the tandem jump - inside or outside the aircraft An aviation site or in connection with other aircraft devices - accidents or other damages or disadvantages. The liability exclusion is excluded from liability for:
- damages resulting from injury to life, body or health resulting from a negligent breach of duty by Tandemmichl or a deliberate or negligent breach of duty by its legal representative or vicarious agents;
- other damages which result from a grossly negligent breach of duty on the part of the seller or on an intentional or grossly negligent breach of duty by his legal representative or vicarious agents.

b) The contractual partner as well as the passenger shall be liable for the damage caused by them, unless they are not responsible for them, insofar as the law does not provide for more stringent liability and unless liability for air traffic law is otherwise specified. A possible deductible in the event of liability claims arising from breach, statutory provisions or gross negligence or deliberate damage caused shall be borne by the contractual partner or passenger.

c) In the case of third-party services or other service providers, their separate liability conditions may apply.


14. Liability for third-party liability

In the organization of the tandem jump, Tandemmichl is dependent on others as well as decisions, releases and permits from third parties outside
The influence of the tandemmichl or the tandem master (eg air traffic control, air traffic control, aircraft carriers, clubs, air sports providers, jump schools,
Airport operators, pilots). Tandemmichl and Tandemmaster shall not be liable for all of these and the performance or non-performance of other third parties. The liability exclusion is excluded from liability for:
- damages resulting from injury to life, body or health resulting from a negligent breach of duty by Tandemmichl or a deliberate or negligent breach of duty by its legal representative or vicarious agents;
- other damages which result from a grossly negligent breach of duty on the part of the seller or on an intentional or grossly negligent breach of duty by his legal representative or vicarious agents. If Tandemmichl and Tandemmaster do not organize events themselves, but also take part in events of third parties, their terms and conditions may also apply.


15. Services of third parties (partners) / external services

The performance of tandem skydives by a third party is solely the responsibility of the respective organizer (here referred to as a partner). Tandemmichl only offers the possibility to submit inquiries to the relevant partner via its website. The answer is made directly by the respective partner.
The contract for the use of the respective tandem jump comes directly between the contractual partner and the respective partner. The fulfillment of the experience as such does not constitute a performance requirement of Tandemmichl.
Tandemmichl or the Tandemmaster is not responsible for external services. In the case of an ordered video, the contractual partner enters into a contract with the respective video / camera man or woman who takes the video. A liability of the Tandemmichl or Tandemmasters especially for the videos or DVDs is excluded. The General Conditions of the respective video / camera man or woman may apply.


16. Revocation

a)
As a consumer / customer, you have the right to revoke your order (declaration of contract) within two weeks after receipt of the voucher or the goods without giving any reason (eg letter, fax, email). The punctual sending of the revocation is sufficient to ensure the revocation period. The goods or the voucher must be returned. The contractor shall bear the return costs. Your shipping costs will be deducted from the total credit value for the refund. The revocation must be sent to:

Tandemmichl GbR
(inh. Michael Schwach & Anne Richter)
Aufkirchner Str. 16
82216 Maisach
Germany
FAX: +49 (0) 8135 3029843
E-Mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.

b) In case of an effective revocation, the services received by both parties shall be returned. The voucher, or the goods are to be returned completely and unused.

c) The purchase price will be refunded in case of cancellation to the buyer. For this purpose, the customer must specify the account details.

d) The right of revocation does not exist if the voucher has already been redeemed or individual goods have already been used.

e) If the customer is a merchant, he has no right of revocation and return according to § 312 d BGB.


17. Place of Performance - Choice of Law - Court of Jurisdiction

a) As far as legally permissible, the place of fulfillment and payment is the seat of Tandemmichl GbR.

b) If the contractual partner or passenger does not have a general court of jurisdiction in Germany or another EU country, or if he is a merchant or has moved his / her domicile abroad after conclusion of the contract or his domicile or habitual residence is not known at the time of the appeal, All disputes arising from this contract and in connection with the tandem jump the seat of Tandemmichl GbR.


18. Dispute Resolution

We are obliged to inform you that an appropriate online platform will be provided by the European Commission with regard to the so-called online dispute settlement. This platform is available at: http://ec.europa.eu/consumers/odr.
In this context, we are also obliged to provide you with our e-mail address. This is:
This email address is being protected from spambots. You need JavaScript enabled to view it.


19.
Invalidity of a contractual condition / Severability clause

Should provisions of these General Terms and Conditions and / or the contract be or become invalid, this shall not affect the validity of the remaining provisions. On the contrary, instead of any invalid provision, a substitute provision which corresponds to or is at least close to the purpose of the agreement applies. The same applies to incompleteness.


20. ABG

Tandemmichl GbR has the right at all times to adjust and amend the GTC. The current terms and conditions can be found on the Internet at Link: http://www.tandemmichl.de


Address:

Tandemmichl GbR
(inh. Michael Schwach & Anne Richter)
Aufkirchner Str. 16
82216 Maisach
Germany