The deliveries and services of Heli Austria GmbH / Heli Tirol GmbH are carried out exclusively on the basis of these General Terms and Conditions (GTC). These GTC constitute an agreed part of all contracts concluded with Heli Austria GmbH / Heli Tirol GmbH. They also apply to future contracts, even if they are not expressly included again. GTC of the client that do not correspond with these are only binding for Heli Austria GmbH / Heli Tirol GmbH if they have been explicitly acknowledged in writing at the time of contract conclusion. Any amendments to the GTC and all other collateral agreements require the explicit written consent of Heli Austria GmbH / Heli Tirol GmbH to be valid.
All offers are non-binding and valid until the 90th day after the issue date.
Offers are prepared based on the performance data of the respective helicopter at sea level under standard atmospheric conditions.
The client acknowledges that a helicopter’s performance data depend on both altitude above sea level and the temperatures on the day of flight. If these are higher than normal, the transportable payload is reduced in accordance with flight regulations. In case of doubt, the helicopter’s onboard scale shall be authoritative for measuring loads.
Specifications in brochures, advertisements, exposés, etc., including prices, are non-binding.
The delivery or deployment period begins on the date specified in the order confirmation. For client-requested changes, the start of the delivery or deployment period is determined by the date of the written change confirmation, which will be issued immediately by Heli Austria GmbH / Heli Tirol GmbH. If the order changes (different takeoff/landing location, heavier external loads, etc.), the billing changes accordingly.
For merchants, paragraph 1 applies with the proviso that delivery or deployment deadlines are non-binding unless a date is explicitly guaranteed in the written order confirmation.
Force majeure, danger of war, mobilization, declaration of a state of emergency, and other circumstances beyond Heli Austria GmbH / Heli Tirol GmbH’s control that impair or prevent the execution of the order relieve the company from its performance obligations for the duration of the hindrance. This includes all circumstances outside Heli Austria GmbH / Heli Tirol GmbH’s control, in particular refusal of flight or external landing permits by authorities, weather conditions, flight accidents, engine failures, maintenance, pilot unavailability, or delayed fuel provision by the contracted supplier, etc.
Heli Austria GmbH / Heli Tirol GmbH undertakes, in the cases mentioned above, to remedy the hindrances as soon as possible using all available means, with the client providing reasonable assistance. If the hindrance exceeds a reasonable duration, both parties may withdraw from the contract. Heli Austria GmbH / Heli Tirol GmbH is entitled to invoice for services already rendered. In all cases mentioned above, claims for damages or recourse against Heli Austria GmbH / Heli Tirol GmbH are excluded.
If Heli Austria GmbH / Heli Tirol GmbH is responsible for a delay, the client must grant a written extension of 2 weeks. Claims for damages or recourse are only valid if the delay was at least grossly negligent. The same applies in the case of impossibility caused by Heli Austria GmbH / Heli Tirol GmbH.
Heli Austria GmbH / Heli Tirol GmbH reserves the right to deploy a helicopter type different from the one offered.
The client acknowledges that, prior to order execution, all required official approvals, such as external takeoff permits and any special authorizations (e.g., low-flight permits, permits for dropping or releasing materials, etc.) for external landing sites intended for persons or cargo, and the consent of the property owner, must be obtained according to legal requirements.
Any special permits from local authorities (municipality, police) for flights over densely populated areas must be obtained by the client, including organizing the process and covering all associated costs. Air traffic authority approvals under point a) are obtained by Heli Austria GmbH / Heli Tirol GmbH; local authority permits and requirements under points b) and c) are the client’s responsibility.
External landing sites must be secured by the client so that unauthorized access during flight operations is prevented. Landing sites must be prepared according to Heli Austria GmbH / Heli Tirol GmbH staff instructions, maintained during flight operations, and restored after completion. Costs are borne by the client. If the selected landing, loading, or unloading site proves unsuitable, additional flight times and costs are borne by the client.
Cargo must be weighed, itemized, ready at the agreed landing site, and loaded into the transport equipment provided by Heli Austria GmbH / Heli Tirol GmbH. Flight operation equipment (ropes, chains, buckets, nets, etc.) is provided by Heli Austria GmbH / Heli Tirol GmbH. Cargo must be prepared so that the maximum weight specified in the offer or by the pilot is not exceeded. Delays caused by the client must be compensated.
For assembly or transport flights, heavy transports, concrete bucket or timber transport flights (logging), the client must equip their personnel with suitable work-specific safety gear (helmet, gloves, safety glasses, harnesses, high-visibility clothing, etc.). Non-compliance excludes liability or recourse claims against Heli Austria GmbH / Heli Tirol GmbH.
Risk passes to Heli Austria GmbH / Heli Tirol GmbH once the cargo is lifted from the ground, and remains until it is set down.
Insurance per flight (acknowledged by the client):
Cargo: €35/kg
External loads: €35/kg
Passengers: €365,000 per passenger
Luggage: €2,000 per passenger
Additional altitude insurance is possible but must be requested at least 3 days prior. Costs borne by the client. Passenger transport is governed by national laws and the Warsaw Convention as described in §8.
All prices are net, excluding VAT. VAT is shown separately on invoices and borne by the client. Increases in wages, operating costs (especially fuel), taxes, fees, or charges after order confirmation or during execution must be reimbursed by the client. This applies also if the client changes the scope of services, e.g., overnight fees or travel costs for Heli Austria GmbH / Heli Tirol GmbH personnel.
Costs for ferry flights (between helicopter location and order site) are always borne by the client.
Signatories of delivery notes or flight reports are authorized to accept the deliveries and services of Heli Austria GmbH / Heli Tirol GmbH. Acceptance via signature constitutes acknowledgment of the delivery/service record.
Defects must be reported immediately to Heli Austria GmbH / Heli Tirol GmbH. Late reports are deemed approved. Reports must be in writing. Oral or phone reports require written confirmation from Heli Austria GmbH / Heli Tirol GmbH. Flight and ground staff are not authorized to accept claims. Legal claims for warranty are limited to three months.
In justified cases, Heli Austria GmbH / Heli Tirol GmbH will replace or compensate delivered material. Flight costs are also reimbursed for material deliveries. No further claims exist. For damages caused by transport or dropping dangerous materials, the client is liable.
Purchase of a ticket establishes a transport contract between passenger and Heli Austria GmbH / Heli Tirol GmbH. All passengers must hold a valid ticket.
Passengers are insured according to national law (domestic flights) or the Warsaw Convention (international flights) for accidents. Luggage is insured to statutory limits. Liability for fragile or perishable goods is excluded. Transport of explosives, flammable, radioactive, or pressurized items is prohibited.
Heli Austria GmbH / Heli Tirol GmbH is not liable for damages arising from compliance with legal, aviation, or official instructions, or for damages en route to or from the aircraft. Passengers must fulfill all required travel formalities.
Costs for off-base landings (fees, accommodation, catering, hangar, weather risk) are borne by the client.
Invoices are payable within 14 days of issue without deduction. Bills of exchange and checks are only accepted for payment. Overdue payments accrue 4% interest over the Austrian National Bank discount rate.
If payment via acceptance is agreed, all related charges and interests are borne by the client. If circumstances arise questioning the client’s creditworthiness, Heli Austria GmbH / Heli Tirol GmbH may withdraw or require advance payment. Services already provided may be invoiced immediately.
The client may only offset claims if they are acknowledged in writing or legally established.
Place of performance and jurisdiction for all orders is St. Johann im Pongau. Heli Austria GmbH / Heli Tirol GmbH may still bring proceedings at the client’s competent court. Austrian law exclusively applies.
If individual provisions are invalid, the remainder of the GTC remains unaffected.