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Transporting passengers
1. Conclusion and contents of the contract/payment for the flight
1.1 By reserving a helicopter flight, the passenger is concluding a contract with Airway GmbH. The general terms and conditions are part of that contract.
1.2 Airway GmbH will confirm the reservation in writing by fax or e-mail if possible. Prior to the flight, Airway GmbH will issue a flight ticket. If the passenger has reserved the flight along with other passengers, Airway GmbH can issue a group ticket. These terms also apply if Airway GmbH cannot issue a ticket due to external circumstance (e.g. off-airport boarding).
1.3 The flight ticket also serves as the baggage claim receipt. Airway GmbH will transport the baggage to the extent that space and safety regulations allow. The maximum dimensions for a bag are 80 x 40 x 30 cm and the bag cannot weigh more than 20 kg per passenger. If several passengers are traveling in a group, the maximum dimensions per bag still apply, but the weight limit can be calculated as an overall total (see para. 3.5).
1.4 At the time of reservation the passenger will inform Airway GmbH if the baggage contains any valuable items or delicate equipment/objects.
1.5 For safety reasons, it may be necessary to transport a bag separately (particularly in regard to weight limits). Airway GmbH reserves the right to transport any baggage to the agreed destination using road transport. The passenger will bear the costs of this transport.
1.6 Airway GmbH undertakes to transport the passenger to the destination at the agreed time and for the agreed price. If the passenger later changes the time of the flight or the route, this can cause a change in the price.
1.7 The passenger will pay the price of the flight at the time indicated by Airway GmbH upon conclusion of the contract. If the passenger is supposed to pay for the flight in advance, Airway GmbH can refuse to let the passenger board if the flight has not been paid before the trip begins.
1.8 Airway GmbH can use a helicopter of a type other than the contractually agreed type or it can hire a third party to carry out the flight. This does not involve added costs for the passenger, nor does it involve a price reduction.
2. Delay and cancelation/deviation from the agreed flight route
2.1 For technical, meteorological or operational reasons, the flight may be delayed or canceled. In the event of a delay, Airway GmbH is not liable for any possible damages, unless Airway GmbH is at fault. In such case, the liability is limited. Airway GmbH will only compensate for direct damage, not consequent damage. Italian air transport regulations will apply for all other cases.
2.2 If the flight is delayed because the passenger is not ready to board at the agreed upon time, Airway GmbH can cancel the flight after waiting one hour. In this case, the passenger has no claim for a refund of the price of the flight or is obliged to pay it later if not paid in advance.
2.3 If the flight is delayed by more than one hour or if Airway GmbH must cancel the flight for reasons, which are not the fault of the passenger, Airway GmbH will refund the price of the flight. For sightseeing flights and flights that involve vouchers, the flight will be postponed to a later time. Any other claims are ruled out.
2.4 If Airway GmbH is obliged to terminate the flight before reaching the destination due to technical or meteorological reasons, Airway GmbH will, at its discretion, transport the passenger as quickly as possible back to the take-off location or to the destination, either with another helicopter or another means of transport. In the event of a return to the take-off location, Airway GmbH will make up for the flight as soon as possible. If Airway GmbH transports the passenger to the destination by some other means of transportation, it will pay the costs for this. Any other claims are ruled out.
2.5 If Airway GmbH notifies the passenger before departure that the flight may have to be canceled due to meteorological reasons, and the passenger accepts this risk, the passenger will pay for the continuation of the trip or for the return trip using some other means of transport. The passenger shall pay Airway GmbH the agreed upon price for the transport, even if the flight is canceled, minus any fees or fuel costs that are saved.
3. Liability for personal injury or damage to baggage
3.1 Airway GmbH is liable for personal injury and damage to baggage according to the air transport regulations and the applicable national and international regulations. If the transport is subject to regulation (EC) 2027/97, Airway GmbH is liable in the event of an accident, regardless of who is responsible, to the amount of 100,000 special drawing rights. In addition, Airway GmbH is liable for proven damages if it cannot prove that all the required measures were taken to avoid the damage or that it was not possible to take such measures. In the event of an accident in which people are injured, Airway GmbH will render immediate financial aid as per regulation (EC) 2027/97. In serious cases, this will amount to 15,000 special drawing rights.
3.2 If, in the event of an accident involving personal injury, Airway GmbH offers the passenger or a family member higher compensation than it is legally required to do, or if it dispenses with the proof of exoneration, this offer and this dispensation only apply to the injured party and not to social insurers or other insurance companies. The claims of insurance companies are limited to the services that Airway GmbH provided to the passenger and family member.
3.3 If Airway GmbH has concluded passenger accident insurance in favor of the passenger in addition to the liability insurance and if the insurance company pays compensation to a passenger in the event of an accident involving personal injury, Airway GmbH will deduct the accident insurance payments from the liability claims of the injured party.
3.4 For damages to baggage, Airway GmbH is liable to the amount of 17 special drawing rights per kg. Airway GmbH is not liable for damage to baggage if it can be proved that all the required measures were taken to prevent damage or that it was not possible to take such measures.
3.5 If Airway GmbH does not weigh baggage prior to the flight and there is no weight entry on the ticket, the following average values will apply:
– Ski equipment: 15 kg
– Baggage transported by Airway GmbH in the baggage compartment of the helicopter: 20 kg
3.6 Airway GmbH is only liable for transporting valuable or delicate baggage as per para. 3.4, even if the passenger has reported the contents of the baggage to Airway GmbH as per para. 1.4.
3.7 If Airway GmbH does not transport the baggage with the helicopter and hires a third party to do the transport, Airway GmbH is not liable for damage that occurs due to or during such transport.
3.8 Airway GmbH is not liable for the actions of third parties, especially for the behavior of the passengers. If a passenger acts contrary to the instructions of the pilot or other flight personnel of Airway GmbH, the passenger will be liable for the consequences of SUCH behavior
4. The pilot’s authority and the use of helicopters belonging to a third party
As the flight captain, the pilot has authority over all passengers. The passengers must follow the pilot’s instructions and the instructions of the other crew members.
5. International flights/travel documents
On international flights, the passenger is responsible for having the necessary travel documents (passport) and any entry or exit visas in his possession. The passenger will bear the costs and any fines if any authorities refuse entry or exit.
6. Applicable law and jurisdiction
Transporting passengers with Airway GmbH is subject to Italian law, without reference to foreign laws. The court of jurisdiction is in Bolzano.
GENERAL TERMS AND CONDITIONS - MATERIAL TRANSPORT
1. Providing the flight operations material and preparing the goods to be transported
The flight operations materials, such as chains, strops, buckets, nets, belts, etc. are provided by Airway GmbH. The loads are rigged for transporting by its employees. The loads to be transported are prepared by the customer in such a manner that the maximum weight specified in the offer or by the pilot is not exceeded.
2. Preparation of the landing pad and the goods to be transported
A strong downdraft occurs when a helicopter takes off or lands. The landing pad or loading area will be secured by the customer and the employees of Airway GmbH for the helicopter to land and for the loading and subsequent transport as follows:
• Removing or securing any loose objects (nylon, paper, boards, etc.)
• Marking any obstacles (cables)
• Cordoning off the landing pad
• Cordoning off the loading area
To prevent dust clouds from forming due to the movements of the helicopter, the customer must adequately hose down the landing pad/loading area with water.
The employees of Airway GmbH are available to provide technical information.
3. Take-off and landing pads
The consent of the property owner allowing the use of take-off and landing pads shall usually be obtained by the customer. All other approvals will be obtained by Airway GmbH.
4. Payload per transport flight
The payload is calculated using the standard atmosphere + 10°C. If this is higher than normal at the time of the transport, the payload will be reduced according to the air transport regulations. The payload specified in the offer as the maximum weight is binding. If the goods to be transported exceed the maximum weight specified in the offer, any additional flight costs will be borne by the customer. In case of doubt, the onboard weighing scale of the helicopter shall confirm the weight of the loads. If the goods to be transported become damaged due to the load exceeding the maximum weight, Airway GmbH or the applicable insurance company will decline any liability.
5. Deviation from the offer/order confirmation
If the order in the offer or order confirmation is changed (e.g. different loading area, different unloading area, heavier loads, etc.), the cost will change accordingly. Airway GmbH reserves the right to use a different helicopter with respect to the one in the offer, but of an equivalent type, where such a change will not affect the total of the offer.
6. Insurance coverage
The goods to be transported are insured up to the amount of € 75,000. Higher insurance amounts are possible, but they must be communicated in good time. Any additional costs will be borne by the customer.
7. Reporting damage
Damage caused by Airway GmbH and for which claims are made must be reported to Airway GmbH in writing within 3 days. Repairs to damaged vehicles, materials or buildings may only be carried out after consulting with Airway GmbH.
8. Force majeure
Neither party to the contract can be held liable by another party for damages occurring in cases of force majeure. This is also the case if the transport does not take place or is postponed as the result of inclement weather or a technical defect.
9. Validity of offers
If not otherwise agreed, all the prices and services offered are valid until the end of the year.
10. Payment conditions
Late payments will be charged interest as provided by law.
11. SAFETY
For our work with helicopters, safety is of the utmost concern. Therefore, we can only carry out an order if the accident prevention regulations for construction work are met (Presidential Decree 164/56 amended), in particular:
- The construction site and hazard area around the location where the helicopter is used is cordoned off and marked
- There is no loose, voluminous material at the site where the helicopter is used
- Sturdy safety barriers are installed (railings, covers). Where not possible, anchorage points for safety harnesses should be available (minimum load capacity: 7.5 kN)
Our employees will check the construction site in this regard before commencing work.
Your employees will be prepared and instructed by one of our employees on-site.
Airway S.r.l.
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