Heli Skiing Western Switzerland
Switzerland: Bernese Oberland
Take a day trip from your Gstaad ski holiday and enter the world of heli ski!
LineUpEXplorers GmbH (hereinafter LUEX), Dortmund, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
LineUpEXplorers GmbH (abbreviated as LUEX)
Managing Director Tim Heising
Dortmund District Court HRB 23215 Dortmund
Kobbendelle 17, 44229 Dortmund, Germany
VAT ID No.: DE221867890
Telephone: LUEX general: +49 231 97676992
LUEX bookings Surf: +49 231 97676992
LUEX bookings Snow: +49 231 97676994
Fax: +49 231 58695399
Skype: LUEX general: luex-lineupexplorers
LUEX bookings Surf: luex-surf
LUEX bookings Snow: luex-snow
The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.
LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.
3. Intermediary services
LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.
5. Payments, cancellation charges
LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.
LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.
10. Liability, responsibility
LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.
All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Dortmund shall be the mutually agreed place of jurisdiction for non-German Travellers.
General Terms and Conditions of Swiss Helicopter AG
Swiss Helicopter AG (referred to below as «Swiss Helicopter») is a joint-stock company having its registered office in Chur. It operates helicopter bases at various locations in Switzerland.
By booking a helicopter flight with Swiss Helicopter, the passenger or the party ordering a cargo flight (referred to below as the «Client») accepts the following General Terms and Conditions («GTC»). The provisions regarding transportation stipulated by national and international aviation law shall be subsidiarily applicable.
I. General provisions
1. Scope of validity of the General Terms and Conditions of Swiss Helicopter
These General Terms and Conditions apply to all transport operations which a Client agrees with Swiss Helicopter. Any divergences must be stated in writing in order to be valid.
2. Scope of validity of Partners‘ general terms and conditions
If Swiss Helicopter arranges the provision of packages or separate services by other operators or service companies (referred to herein as the «Partner(s)») in addition to the helicopter flight, this shall solely create a direct contractual relationship between the Client and the Partner in respect of services provided by the latter. Any terms and conditions stipulated by the Partner shall be applicable in this regard.
3. Conclusion of contract
The transport contract shall come into being when a booking is made in writing or verbally. For the purposes of proof, Swiss Helicopter may confirm a verbal booking in writing.
4. Prices and due dates
4.1 All prices are understood to be in Swiss francs.
4.2 Price lists, information stated in brochures and media advertisements, etc. shall be valid for the relevant calendar year in each case.
4.3 The right to adjust prices is reserved in case of increases in the costs of kerosene, aviation/pilots‘ licenses, landing fees and the like.
4.4 Unless advance payment was agreed, a payment period of 30 days after submission of invoice shall apply. The Client shall be in default on the 31st day, without a reminder. The default interest rate is 5%.
4.5 If advance payment was agreed but not effected, Swiss Helicopter may refuse to perform the transport operation.
4.6 Vouchers are valid for a period of two years. They will not be paid out in cash. Campaign offers cannot be accumulated with other discounts in any case.
5. Choice of base and helicopter
5.1 Swiss Helicopter shall determine the base that is suitable in order to perform the contract.
5.2 Swiss Helicopter shall determine a suitable helicopter.
5.3 Swiss Helicopter is entitled to have the transport operation performed by a third party under the same conditions for the Client.
6. Swiss Helicopter‘s right to issue instructions
6.1 The pilot, acting as the commander of the craft, shall be authorised to issue instructions to all Clients. All Clients must follow his instructions and the instructions of any other member of the crew.
6.2 Should a Client not follow such instructions, he shall be liable for the consequences of his behaviour.
II. Transport of persons
7. Type of helicopter
The type of helicopter selected when the booking is made shall not be binding. Swiss Helicopter shall be entitled to deploy a different type of helicopter without any increase or reduction in cost to the Client.
8. Round-trip flights
Round-trip flights are subject to a minimum number of participants.
9.1 Swiss Helicopter shall issue individual or group transportation tickets before the flight.
The tickets shall state the scope of the limitations on liability for death and physical injuries, destruction, loss or damage of luggage, and delays.
9.2 If unusual circumstances make it impossible for Swiss Helicopter to issue a ticket, the limitations stipulated in these General Terms and Conditions shall apply.
10.1 Swiss Helicopter shall transport luggage subject to the availability of space and to compliance with safety regulations.
10.2 The maximum dimensions of one piece of luggage must not exceed 80 x 40 x 30 cm.
The weight of the luggage must not exceed 20 kg per Client. When several Clients travel in one group, the weight limits may be aggregated.
10.3 For reasons of safety (e.g. due to weight limits), Swiss Helicopter may arrange to have the luggage brought separately to the agreed destination by road transport. The costs of such transport shall be paid by the Client.
10.4 When booking, the Client shall inform Swiss Helicopter should his luggage include any valuables and sensitive equipment or items. The Client may have to pay a surcharge or may need to take out special insurance according to the circumstances.
11. Delays, cancellation, programme changes by Swiss Helicopter
11.1 Swiss Helicopter reserves the right to cancel a flight due to technical and/or meteorological and/or operational reasons.
11.2 If the flight is delayed or postponed due to technical, meteorological or operational reasons, or for other reasons over which Swiss Helicopter has no control, Swiss Helicopter shall not be liable for any damage or loss.
11.3 A change to the programme or route due to technical, meteorological or operational reasons shall neither increase nor reduce the price.
11.4 Should Swiss Helicopter have to abort a flight prematurely for technical or meteorological reasons, Swiss Helicopter shall transport the passenger, at Swiss Helicopter’s option, by another helicopter or any other means of transport either back to the starting point or to the destination, as soon as possible. If a return to the starting point is chosen, Swiss Helicopter shall re-arrange the flight as soon as possible. Should Swiss Helicopter take the Client to the destination by any other means of transport, Swiss Helicopter shall pay the costs. Any further claims shall be excluded.General Terms and Conditions of Swiss Helicopter AG 2
11.5 If, prior to departure, Swiss Helicopter points out to the Client that the flight may have to be aborted for meteorological reasons, and should the Client accept this risk, the Client shall pay for the rest of the journey to the destination and/or his return to the starting point by any other means of transport. Even if the flight is aborted, the Client shall owe Swiss Helicopter the price agreed for the transportation.
11.6 If the flight is cancelled due to reasons for which the Client is not responsible, Swiss Helicopter shall refund the price paid for the booking/package if it was impossible to offer an appropriate substitute service at the location. Any further claims shall be excluded.
For round trips and any flights based on a voucher, the flight shall be deferred to a later time. Any further claims shall be excluded.
11.7 Should Swiss Helicopter be culpably in default, the Client must set an appropriate additional grace period for performance by Swiss Helicopter. Claims for compensation of damages may be asserted only if Swiss Helicopter‘s default was due (at least) to gross negligence on Swiss Helicopter‘s part. The same shall apply if Swiss Helicopter is unable to perform due to reasons for which Swiss Helicopter is responsible. Liability is limited to direct damage or loss in both cases. Any further obligation to pay compensatory damages is explicitly excluded.
12. Delay, cancellation, programme changes by the Client
12.1 Should departure be delayed because the Client is not ready to board at the agreed time, Swiss Helicopter may cancel the flight after an appropriate waiting period, in which case the agreed price of transportation shall be due.
12.2 In case of cancellation, the Client shall make the payments stated below:
15 – 2 days before scheduled time of flight: 50% of total price
24 hours before scheduled time of flight (including «no show»): 100%
The Partners‘ additional cancellation conditions and costs shall also apply in case of packages and separate/individual services.
12.3 The prices of transportation, packages and/or individual/separate services do not include insurance for cancellation costs. The Client is advised to take out appropri-ate insurance unless such cover is already in place.
12.4 If the Client makes changes to the programme (e.g. as regards timing or route), Swiss Helicopter reserves the right to adjust the price.
13. Flights to foreign countries / travel documents
For international flights, the Client shall be responsible for carrying with him the required travel documents (passport) and any exit and entrance permits (visas). Should an authority refuse him exit or entry, the Client shall be responsible for paying the costs and any fines.
14. Liability for personal injuries and damage to luggage
14.1 In case of an accident, Swiss Helicopter shall be liable for personal injuries and damage to luggage in accordance with the provisions of the Federal Decree on Air Transportation (LTrV) and the applicable international regulations (the Montreal Convention and European Council Regulations nos. (EC) 2027/97, (EC) 889/2002, (EC) 785/2004 and (EC) 285/2010.
14.2 Insofar as permissible, liability is limited to gross negligence or intent.
14.3 Swiss Helicopter is relieved of liability to the extent that it proves that the Client or a third party caused or contributed to the damage or loss by violation of duties or by any other unlawful action or omission.
14.4 In case of death and physical injury, Swiss Helicopter shall be liable for damages up to the sum of 100,000 in special drawing rights per Client.
In addition, Swiss Helicopter shall be liable for proven damage or loss unless it can demonstrate that such damage or loss is not attributable to violation of duties or to any other unlawful action or omission on the part of its employees or authorised representatives, or that the damage or loss is solely attributable to violation of duties by a third party.
14.5 In case of death and physical injury, Swiss Helicopter shall provide immediate financial assistance within 15 days to the natural persons entitled to compensatory damages as specified by Art. 15, LTrV. In case of death, this shall amount to 16,000 in special drawing rights.
14.6 If, in case of an accident involving personal injury, Swiss Helicopter contractually offers the Client or the Client‘s relatives a payment in compensation of damages which is higher than the statutorily due amount, or if Swiss Helicopter waives exonerating evidence, such offer and waiver shall only apply in respect of the victim and not in respect of social security or other insurers seeking recourse.
14.7 If, in addition to liability insurance, Swiss Helicopter has taken out passenger accident insurance in the Client‘s favour, and if the latter insurance pays compensation in case of an accident involving personal injury, Swiss Helicopter shall deduct the payments made under the accident insurance from the victims‘ liability claims.
14.8 Liability for damage to checked luggage in case of destruction, loss or damage is limited to an amount of 1000 in special drawing rights per Client. If the Client declared a higher value when making the booking and paid the required surcharge for same where applicable, liability shall extend to the amount stated unless Swiss Helicopter proves that such amount exceeds the Client‘s actual interest in the items to be delivered. Liability shall lapse for damage due to the special nature of the luggage or any inherent defect therein.
14.9 Liability for damage or loss in case of delayed transportation is limited to 4150 in special drawing rights per Client and 1000 in special drawing rights per item of luggage. Liability shall lapse if Swiss Helicopter proves that its employees and authorised representatives took all reasonable measures to prevent the damage or loss or that it was impossible for such persons to take such measures.
14.10 If Swiss Helicopter does not transport the luggage by helicopter but instructs a third party to transport it, Swiss Helicopter shall not be liable for any loss/damage due to or during the said transport.
III. Transport of goods
15. Air waybill
15.1 Prior to the flight, Swiss Helicopter shall issue an air waybill showing the departure point and destination, and the total weight of the cargo.
15.2 The weight of the cargo is determined according to the on-board scales.
16. Transport price
16.1 The agreed price applies to transport under normal visibility and wind conditions, and shall be based on the weight transported.
Should an account be based on rotation, a flight from the point of loading or unloading and return shall count as one rotation.
16.2 Unusual weather conditions (e.g. high temperatures or strong winds) will limit a helicopter’s efficiency. Should the agreed price be increased by more than 10% for these reasons, Swiss Helicopter shall effect transport only after consultation with the Client.
16.3 In case of lengthy ground times or flight times for which the Client is responsible (e.g. due to poor preparation of the construction site, incorrect weight information, non-matching parts for installation work, etc.), the Client must pay the relevant additional costs.
17. Preparation and packing of cargo
17.1 The Client shall prepare and pack the cargo for the flight in such a manner as to enable transport without any risk to the transported goods and to third parties, and with no delays. Swiss Helicopter shall provide transport materials for cargo, such as concrete tanks, nets and straps. Only these materials must be used by the Client for packaging and fixing of the cargo, and the Client must handle such materials carefully.
17.2 Agreed weights and dimensions of cargo must not be exceeded. Prices will be adjusted if weights and dimensions are exceeded (additional flight costs and ground time charges). Swiss Helicopter also reserves the right to deploy a different type of helicopter at the Client‘s expense.
17.3 For safety reasons, Swiss Helicopter is entitled to require packaging other than that selected by the Client.
18. Preparation of take-off and landing sites
18.1 The Client shall be responsible for obtaining all the required approvals for take-offs, drops and landings outside approved airfields and landing sites, and for flights over heavily populated areas. The Client must make such approvals available to Swiss Helicopter prior to the flight.
18.2 The Client is responsible for ensuring that take-off and landing sites are impeccably prepared and that on-site safety is guaranteed. Unauthorised persons must be prevented from entering the sites during flight operations. The Client shall ensure that spectators (if any) are kept at or beyond the required safety distance.General Terms and Conditions of Swiss Helicopter AG 3
18.3 Take-off and landing sites must be dust-free insofar as possible; loose objects shall be removed from or fixed to the site. Downwash may reach speeds of between 120 and 180 km/h during landing and take-off, and during transport or assembly/installation work. All liability on the part of Swiss Helicopter in respect of any damage caused by downwash to people, animals or property (vehicles, buildings, etc.) is explicitly excluded.
18.4 The Client shall be responsible for compliance with applicable safety regulations by its staff and by all other persons handling transport of the load or (for example) persons affected by installation thereof, or those who are present at the take-off and landing sites. The Client shall ensure that such persons are provided with the necessary safety equipment as specified, and shall ensure that any persons not using such equipment leave the take-off and landing sites. If these regulations are disregarded, any liability and recourse claims against Swiss Helicopter shall be excluded in case of a damaging event.
18.5 For flights to populated areas, the Client shall notify the residents of such areas about the helicopter deployment at least five days in advance, informing them of the place, time and duration of the deployment and the nature of the cargo, as well as safety precautions such as closing windows, closing blinds, fastening loose objects, taking animals to a safe place and removing parked vehicles, and advising them of Swiss Helicopter‘s telephone number.
19.1 Swiss Helicopter may postpone or cancel a flight due to meteorological, technical or operational reasons without incurring liability for consequent damages.
19.2 Should take-off be delayed because the cargo is not ready for transport or because the Client has not provided adequate information to the local residents, or because safety at the take-off and landing sites is not guaranteed, Swiss Helicopter may cancel the flight after an appropriate waiting time. In this case, the Client must pay for the outlay already incurred plus a ground charge per hour.
19.3 Instead of cancellation, Swiss Helicopter may at its discretion change the packaging itself, or may implement any safety precautions that are lacking. In this case, the Client must pay any proven additional costs plus a ground fee per hour.
19.4 If the Client cancels the flight 48 hours or less before the scheduled departure time, Swiss Helicopter shall have the right to require cancellation compensation of 1/3 of the agreed transport price.
20. Transport of hazardous, valuable or sensitive goods
20.1 Hazardous goods (such as explosives or chemicals) must be transported in compliance with the IATA provisions for hazardous goods.
20.2 In connection with the transport of hazardous goods, the Client shall be responsible for ensuring that all employees involved in the preparation or transport of such cargo have been trained as required and that they hold the stipulated licenses. The Client must present the relevant licenses on request.
20.3 If the Client arranges to transport valuable goods whose assumed value is not covered by the statutorily stipulated liability, the Client must inform Swiss Helicopter of this fact prior to concluding the contract and must pay a surcharge or take out special insurance.
20.4 If the Client arranges to transport sensitive goods (animals, delicate equipment and equipment sensitive to vibrations, temperature and pressure, delicate materials, plants, trees or glass), the Client must inform Swiss Helicopter of this fact prior to concluding the contract and as appropriate, must pay a surcharge or take out special insurance.
21. Liability for damage to goods
21.1 Swiss Helicopter shall be liable for the destruction, loss or damage of goods if such damage occurs during transportation thereof by air, in accordance with the provisions of the Federal Decree on Air Transportation (LTrV) and the applicable international regulations.
21.2 Insofar as permissible, liability is limited to gross negligence or intent.
21.3 Swiss Helicopter is relieved of liability insofar as it proves that the Client, the Client’s employees or assistants, or a third party caused or contributed to the damage or loss by violation of duties or by any other unlawful action or omission.
21.4 Liability in case of damage to cargo is limited to 17 special drawing rights per kilogram. The Client may take out transport insurance in excess of this liability.
21.5 If the Client declared a higher value when making the booking and has paid the required surcharge for same, liability shall extend to the amount stated unless Swiss Helicopter proves that such amount exceeds the Client‘s actual interest in the items to be delivered.
21.6 Liability shall lapse for damage due to the special nature of the goods or any inherent defect therein, or to deficient packaging thereof.
21.7 Liability shall lapse for loss or damage due to delay if Swiss Helicopter proves that it, its employees and authorised representatives took all reasonable measures to prevent the damage or loss, or that it was impossible for them to take such measures.
21.8 For hazardous, valuable or sensitive cargo (including plants and trees), liability shall in all cases be limited to the price of transport including the surcharge, unless Swiss Helicopter caused the damage or loss intentionally or due to gross negligence.
21.9 Swiss Helicopter shall not be liable for damage to or loss of goods during transportation or on the ground insofar as the Client was responsible for such damage or loss.
21.10 Should the Client or his employees suffer injuries on the ground due to the operation of a helicopter, Swiss Helicopter shall only be liable if it caused such injuries due to intent or gross negligence.
21.11 If the Client or the recipient identifies damage to the cargo which occurred during transport thereof, the Client or the recipient must immediately notify Swiss Heli-copter of such damage in writing.
21.12 In case of justified complaints regarding defects, Swiss Helicopter shall replace the transported material or refund the value lost, at Swiss Helicopter‘s option. No claims to compensation for damages shall exist above and beyond the foregoing.
21.13 Swiss Helicopter is insured for damage to or loss of transported goods insofar as it is legally required to have such insurance and insofar as it is liable for such damage or loss. The Client must take out its own insurance for any further cover.
21.14 If Swiss Helicopter or its insurer pays compensation in respect of damage or loss sustained by a third party which was caused by the Client, the latter‘s employees or assistants, the Client shall indemnify Swiss Helicopter in respect thereof.
22. International flights /import and export documentation
22.1 The Client shall obtain all import and export documentation that is required for international cargo transport.
22.2 For international flights, applicable foreign regulations for the operation of a helicopter may vary from Swiss regulations.
IV. Severability clause, applicable law and place of jurisdiction
23. Severability clause
If individual provisions of these General Terms and Conditions should be ineffective, this shall not detract from the effectiveness of the other provisions. An ineffec-tive provision must be interpreted, reformulated or amplified in such a way as to achieve the intended purpose thereof, insofar as this is permitted by the law.
24. Applicable law and place of jurisdiction
All transport contracts with Swiss Helicopter, including international contracts, are governed by Swiss law.
The legally binding version of these GTC is the German version. If versions in other languages contain contradictions, misunderstandings or errors due to translation, the German version shall be valid in case of doubt.
The place of jurisdiction shall be Chur 21.06.2012