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Disclaimer & Conditions

Disclaimer
 

Hike&Fly Bavaria is committed to keeping this website up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to: info@hikeandfly-bavaria.com

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Responses and privacy inquiries submitted by email or using a web form will be treated in the same way as letters. This means that you can expect a response from us within a period of 1 month at the latest. In the case of complex requests, we will let you know within 1 month if we need a maximum of 3 months.

Any personal data you provide us with in the context of your response or request for information will only be used in accordance with our privacy statement.

Hike&Fly Bavaria shall make every reasonable effort to protect its systems against any form of unlawful use. Hike&Fly Bavaria shall implement appropriate technical and organizational measures to this end, taking into account, among other things, the state of the art. However, it shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the website, which arises as a result of the unlawful use of its systems by a third party.

Hike&Fly Bavaria accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties.

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Copying, disseminating and any other use of these materials is not permitted without the written permission of Hike&Fly Bavaria, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.

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Conditions


GENERAL TERMS AND CONDITIONS
General Terms and Conditions (hereinafter "GTC") "Organization of Adventure Days in the Bavarian Pre-Alps" by Fabian Bendlin, Dominikusstraße 15, 86825 Bad Wörishofen (hereinafter " Hike&Fly Bavaria").

§ 1 Scope of the GTC

The offer of Hike&Fly Bavaria is valid on the homepage www.hikeandfly-bavaria.com, as well as the mediating partners (see mediating partners).

§ 2 Service description

The service provided by Hike&Fly Bavaria includes the organization and implementation of the Adventure Day. This includes to the maximum extent
- The organization of the pick-up and transfer of the customers (hereinafter referred to as guests) from the address provided by the guests to all daily destinations by a chauffeur service. 
- The provision of one or more partner companies (hereinafter referred to as Guides) to accompany the Guests throughout the day.
- The provision of rental equipment if requested.
- The organization of a transport to the respective mountain (to the top station) by a cable car.
- The reservation of enough places in the gastronomy of a local partner company (hereinafter referred to as mountain hut).
- The organization of the booking of tandem pilots, who will be provided by a partner company (hereinafter referred to as tandem company) at a specific, agreed time at an agreed location.
- The visit to a mountain sports or clothing store.
- The organization of recording and sharing of photo and video material of the day, both on a storage medium and online as a download link.
- The reservation in a shisha bar.
- The organization of the time schedule.

The following services are provided by partner companies:

Mediating partners:
- Booking and providing all the data necessary for booking such as, number of people, desired services, date, pick-up address, number of people for all desired activities, size and quantity of rental equipment and other requests.

Chauffeur Service:
- Pick up and transfer of clients (hereinafter referred to as guests) from the address provided by the guests to all daily destinations.

Guide:
- Accompaniment during the arrival with chauffeur service.
- Handling of the payment
- Issue of rental equipment
- Issuing of the cable car tickets and coordination of the ascent
- Taking photos (throughout the day)
- Guiding the guests to the restaurant and/or along the hiking trails and forest paths without technical difficulties over viewpoints and peaks
- Registration of the guests in the mountain hut
- Presentation of the offered culinary specialties
- Coordination of separately ordered dishes
- communication about other matters to the mountain hut staff
- Accompanying the guests to the tandem launch site
- Handing over the guests to the respective pilots of the tandem company (women to female pilots)
- Accompanying the non-flying guests to the cable car, to the valley and to the landing place
- Collecting the storage media with photos and videos of the flights
- Accompanying the guests to the mountain sports or clothing store
- Download of all photo and video material to the cloud of Hike&Fly Bavaria
- Handover of the storage media to the guests
- Accompanying the guests to the shisha bar
- Accompanying the guests back with the chauffeur service
- Adherence to the time schedule

Cable car company:
- Transport of the guests to the top station and, if necessary, to the bottom station

Mountain hut:
- Reception with apperitiv (cheese speciality and drink)
- Sufficient preparation of all dishes à la carte
- Preparation of any pre-ordered dishes
- Conducting a guided tour of the cheese dairy, if necessary

Tandem company:
- Conducting the tandem flights
- Recording of photos and videos on a mobile storage medium (SD card)

Shisha bar:
- Offer of shishas as desired

§ 3 Conclusion of the contract with Hike&Fly Bavaria

(1) The contract is concluded by the customer's acceptance of the individual offer in written or oral form (by telephone or e-mail).
(2) An inquiry via booking form, e-mail or telephone only results in an offer. An acceptance of the offer is equivalent to a binding booking. From this point on, the cancellation conditions described under § 7 Cancellation / Cancellation of Appointment apply. The contract is binding for both parties as long as the right of withdrawal (§6) and the conditions described under § 13 weather conditions are not fulfilled. If the latter are only partially met, the contract will be adjusted. In this case, services may be omitted - proportionally to this, the respective item in the price will be omitted.
(3) The contract is valid only if the health conditions described in §16 are met. The contract is valid for the person specified in the request.

§ 4 Prices

The prices stated in the offer are valid.
§ 5 Terms of payment

Payment is made on site or via invoice. Payment will be made at the beginning of the Adventure Day.

(1) Payment methods on site are:
Cash, Visa, Mastercard, EC Card, Credit Card, Google Pay, Apple Pay, Paypal, Samsung Pay.
(2) Payment by invoice:
Invoices must be paid within the period stated on the invoice.
(3) With the exception of those under §§6,7 and 13, payment is binding upon conclusion of the contract. In case of non-payment, legal action will be taken.

§ 6 Right of withdrawal

The customer has the right to withdraw from the booking up to 14 days before the date of the booked Adventure Day by a clear, written declaration. In this case, no costs will be incurred.

§ 7 Cancellation / Date Cancellation

(1) Cancellation by Hike&Fly Bavaria
If the Adventure Day and the alternative date are cancelled by Hike&Fly Bavaria due to weather conditions as described in §13, the client is released from any payments. Cancellation shall be made no later than 24 hours before the Adventure Day, i.e. no later than 00:00 hours of the previous day.

(2) Cancellation by the Client
Cancellation by the client must be received in writing by Hike&Fly Bavaria. The following deadlines and fees apply (applicable upon receipt of cancellation):
- up to 14 days before the Adventure Day: free of charge
- up to 24 hours before the Adventure Day: 50% of the price
- from 24 hours before the Adventure Day: 10% of the price

§ 10 Transferability

The booking is transferable up to 24 hours before the Adventure Day. The names of the participants and the primary contact person of the group must be provided at the time of booking. They must be updated for transfer. The invoice is not transferable in case of payment by invoice.

§ 11 Changes of the services

The services described are subject to external circumstances and force majeure. To ensure safety, they will be adjusted if necessary. If necessary and appropriate, the price will also be adjusted. The customer and the participants will be informed as soon as possible. Such changes are to be accepted by the customer.

§ 13 Weather conditions

The offer of services is subject to the condition of suitable weather conditions and therefore force majeure. Hike&Fly Bavaria reserves the right to cancel the Adventure Day in the event of unacceptable weather conditions. This will happen at least 24 hours before the Adventure Day. The customer will be informed until this time. In this case, the Adventure Day will be held on an alternative date chosen by the customer. Should this not be possible for the same reason, the customer can book another date. In this case a new booking is necessary. Weather conditions that lead to a cancellation are for example heavy thunderstorms, heavy rain, continuous rain, storm, and the like.

The service component of the tandem flight can be cancelled up to 24 hours before the flight itself, i.e. until 3 p.m. on the day before the Adventure Day. In this case, the Adventure Day will still take place, but the price of the flight will be removed from the total price. If the conditions on the day of the flight are not suitable for flying, the flight will be cancelled. In this case the price of the flight will be refunded. This is to be accepted by the customer. The decision about the suitability of the conditions for the tandem flight is incumbent on the performing tandem companies.

§ 14 Liability

Hike&Fly Bavaria is exclusively liable for the proper organization of the Adventure Day. The executing partner companies are liable for the individual services provided.

§ 15 Health requirements and prerequisites for participation in a flight

Only persons who meet the prerequisites for the booked package are entitled to participate.
(1) Flight: The passenger must meet the following required profile. At least completed 6 years of age, body weight from 35 kg to 110 kg, ability to run a few steps, fulfillment of the required health condition.
(2) Hike: one hour of hiking at a moderate pace on the small hike, two hours of hiking on the large hike without an impairing state of exhaustion. Meeting the required health status.
(3) General (without Hike): No physical limitations in daily life.
(4) Health Condition: participants must not be under the influence of prescription medication. Also included are medications that rob the ability to drive. Participation will be refused in the case of cardiac or other diseases that may cause damage to health during exertion. Participation is also not possible in the case of illnesses, such as epilepsy, which can occur spontaneously. Participation is not possible in the case of severe overweight or limitations of the running apparatus.

(5) The customer who completes the booking and is the invoice carrier is responsible for ensuring that all participants meet the requirements. In case of consequences due to disregard, Hike&Fly Bavaria assumes no liability. In this case, a refund of the price is also excluded.

§ 16 Withdrawal by Hike&Fly Bavaria

In case of withdrawal from the contract for an important reason by Hike&Fly Bavaria, the paid purchase price will be refunded immediately. Further claims against Hike&Fly Bavaria, in particular claims for damages (for example travel costs, accommodation), are excluded.

§ 18 Form of Declarations

Legally relevant declarations and notifications that you have to make to Hike&Fly Bavaria or to a third party must be made in text form according to §126b BGB.

§ 19 Amendment of these GTC

Hike&Fly Bavaria reserves the right to change and/or amend these General Terms and Conditions for the future. The GTC available on the Hike&Fly Bavaria website at the time of the conclusion of the contract shall always apply.

§ 20 Data Protection

You will be informed in detail about the type, scope and purpose of the collection, storage, processing and use of personal data by Hike&Fly Bavaria in our Privacy Policy.

§ 21 Final Provisions

Should individual provisions of the GTC be ineffective, the effectiveness in all other points remains unaffected. They shall be replaced by an appropriate provision that most closely corresponds to the invalid provisions. Place of jurisdiction and place of performance of all obligations is the registered office of Hike&Fly Bavaria.

§ 22 Partner companies

    (1) Intermediary partners
       Hotels
       Concierge Service
       
   (2) Executing partners
       Mountain huts
       Mountain guide
       Tandem company
       Mountain railroad
       Shisha bar
       Chauffeur service
       
Status: May 2022

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