1. Adri Felker "Lanzafly", is the organizer of paraglider tandem flights which she partly also carries through personally. Part of these flights are also carried through by independent tandem pilots in which case such tandem pilots act as responsible partners under contract of their respective customers (passengers).
2. "Lanzafly" will be responsible for the choice of a suitable and safety conscientious tandem pilot but will not be liable for the performance of the tandem flights as such.
3. The transportation of persons via tandem paraglider and all other services provided by "Lanzafly" are subject to European law, specifically to the regulations governing aviation as well as to the conditions stated hereafter.
4. Prior to the flight, the passenger (in the case of children an authorized caregiver or an adult accompanying the child) is expected to carefully read the contract of transportation. Immediately prior to the start of the flight, the passenger will be instructed by the pilot as to the start procedures. Should the passenger be unable to understand, or, for any reasons, not be capable of following these instructions, he or she must inform the pilot immediately.
Restrictions on insurance and liability
5. For the benefit of the tandem passenger and his belongings transported during the flight, a liability insurance is to be taken out.
6. "Lanzafly" or the tandem pilot are only liable for compensation in the case of damage caused by a willful misconduct or gross negligence on the part of "Lanzafly", their employees or persons in charge of complying with the contract of transportation. On the other hand, there exists no case of liability if all the necessary measures to prevent such damages have been met by the organizer and his subordinates or in the case where it was not reasonably possible to take such measures. The liability of the flight organizer for the tandem passenger´s belongings transported during the flight is restricted to the extent of the insurance carried for this purpose. Any claim exceeding such amount can only be met in the case of willful misconduct or gross negligence.
7. The shock-proof packaging of photo and film material or other objects of value (for example: glasses, cell phones, money) transported during the flight remains entirely in the responsibility of the tandem passenger. Such objects are to be fastened in a safe way to avoid loss during the flight. During the flight it is prohibited to bring along any sharp or glass objects, weapons, containers under pressure, explosives, inflammable matter or pyrotechnical flares.
8. "Lanzafly" is not liable for any damages incurred on the way to the start point of the flight nor from the point of landing.
9. Exemption or limitation of liability also applies for the above-mentioned conditions in the case of employees, independent tandem pilots and authorized representatives of "LanzaFly".
Obligation to notify any health problems and limitations
10. The passenger must notify "Lanzafly" and the tandem pilot, if there is any increased risk due to a certain health condition or a case of limited mobility due to such a condition which could lead to an increased risk of injury during start and landing.
11. Obligatory notification in the case of:
- serious accidents within the last 12 months.
- cases of impairment as to physical mobility.
- serious heart problems, problems of the spine, slipped disc, high blood pressure and any organic ailment or the like. A serious condition is considered one that requires or required medical treatment.
- any psychological problems (drug abuse, loss of conscience or similar problems) which occurred within the last 12 months.
- any intake of alcohol within the last 12 hours.
12. Should there be any doubts as to his or her fitness to fly, "Lanzafly" must be consulted in order to establish whether the passenger is considered fit to fly or not.
13. The passenger is responsible to dress adequately for the flight (weather and windproof clothing that can withstand getting dirty), long trousers and sturdy footwear (protecting the ankles) are recommended. "Lanzafly" is responsible for supplying helmet and flight equipment.
Flight management and timing
14. "Lanzafly" offers flights throughout the year. There are certain restrictions due to weather conditions. For the reservation of flights, an on-line calendar is available under https://lanzafly.es Reservation dates can also be agreed upon via telephone or e-mail.
15. We expressly point out that there exists no claim to carry out a tandem flight if the weather situation within the flight region does not permit it, despite the fact that fixed dates have previously been agreed upon. In the case of changes in the flight schedules or short-term cancellations, there are no claims possible for damages, re-imbursements or compensation for other expenses incurred. However, there always remains the right to reschedule the flight. "Lanzafly" always makes an effort to communicate in due course whether or not a flight can take place.
16. Cancellations due to weather conditions do not require any objective proof but depend entirely on the subjective judgement of the pilot in charge.
17. The planned flight route, the take off and landing sites, the flight time and duration depend on the different weather conditions which consequently do not allow to guarantee these characteristics of the flight, in particular the location and precise duration of the flight.
18. Appointments are sharp, the customer must plan enough time to be in the agreed position, adequately dressed and ready to start by the agreed time of the appointment. Delays in the starting time due to late arrival may result in a shorter flight or a cancellation, without refund or compensation from "Lanzafly".
Terms of payment / validity of vouchers
19. The person ordering a flight voucher, with such order, is responsible for the payment of the purchase price without any discount before receipt of the voucher. In the case of a reservation of a tandem flight without a voucher, the price of the flight is to be paid upon arrival or immediately after completion of the flight dpending on the availability of the staff. In high season, pre-payment can be requested down to 24h before the flight, in order to streamline operations and avoid no-shows.
20. Vouchers can only be redeemed within 12 months of the date of issue. Special arrangements in individual cases are possible after express agreement. Gift vouchers are not refundable and not redeemable for cash or any other form of payment.
21. Right of Revocation: according to the European Consumer Protection Law, any claims for re-imbursement of the purchase price will be accepted within 14 days after receipt of the voucher without any questions asked as to reasons for the cancellation, as long as the flight did not take place yet.
If the date to use the voucher would already have been agreed, the cancellation policy would apply instead.
It's the customer sole responsability to keep the expiration date on mind as LanzaFly won't notify in advance the customer of such expiration event taking place.
22. The passenger can any time change the date of flight formerly agreed upon but has to notify "Lanzafly" via e-mail to firstname.lastname@example.org prior to such date. Cancellations prior to 24 hours of the agreed date are possible and free of charge, however, after 24 hours until 6 hours prior to the agreed appointment, cancellation fees of 50 % (of purchase price) are being charged. Vouchers and tickets become invalid with such a cancellation but will again obtain validity upon payment of the cancellation fee. Re-imbursement of the remaining purchase price, however, will not be possible. For cancellations within 6 hours the cancellation fee is 100 %. Vouchers and tickets in such case are treated as "no show".
Right of possible use of photo and film material
23. The passenger expressly agrees to the right of "Lanzafly" to use photo and film material taken during the flight by Lanzafly" or its pilots for their advertising purposes or the like.
Instruction relating to risks
24. We have to stress that in the course of paragliding - even with the utmost care and optimal course of flight - accidents with serious injuries cannot be completely avoided (such as sprains, broken bones, sprains to the cervical vertebras, damage to the spine, concussion, and in the extreme case even death...) There exists a risk of injury during start and landing due to faulty take off, touch down or falls.
The passenger must follow the instructions of the pilot at the start and landing as well as throughout the flight.
25. Should some of the general terms and conditions not be applicable, this would not affect the validity of all the remaining points. They would be replaced by an adequate solution which would come closest to the terms and conditions not applicable.