skydive colibri GmbH & Co. KG

General Terms & Conditions 

§1 Contractual Partner

skydive colibri GmbH & Co. KG
Flugplatz Waizenhofen 40
91177 Thalmässing

Phone: +499173794771
Fax: +499173794772

eMail: info(at)freifallen.de

Authorized representative Chief Executive Officer: Steffen Lipps

Registry entry: AG Nürnberg | HRA 14564

Personally liable shareholder: skydive colibri Verwaltungs GmbH

Registry entry: AG Nürnberg | HRB 23382

§2 Scope of application of the General Terms and Conditions 

• Tandem passenger jumps
• Shop (voucher sale and sale of skydiving gear and accessories) 

This website is run by skydive colibri, Flugplatz Waizenhofen 40, 91177 Thalmässing. The General Terms and Conditions are valid as of their publishing date. skydive colibri reserves the right to make adjustments. The Terms and Conditions published on this website are valid and effective. In case of any changes, no further announcement of this must be made. 

§3 Tandem passenger jumps

Tandem passenger jumps are conducted according to the guidelines of the German Skydiving Association e.V.  - www.dfv.aero. They mainly serve the promotion of the sport of skydiving to the general public sphere. 

§4 Insurance

skydive colibri is covered by the following, air traffic law-relevant insurances: 

1. Owner's liability insurance, for the coverage of third party damages for all air sports gear in use. 
2. Passenger liability insurance for bodily injury and damages on custody baggage. 

In addition to that, participants are responsible for their own personal insurance.  

§5 Vouchers

1. The colibri Tandem gift voucher entitles any eligible person (see §8) to book and complete a tandem passenger jump. 
2. In case of a cancellation colibri Tandem gift voucher ticket within the validity period, there will be a cancellation fee of 50,- EUR.
3. When we hand out gift tickets / vouchers, we provide a conventionary service and will have staff and plane capacity ready and available. This is why gift vouchers can only be redeemed within 24 months after the conclusion of the contract / issue date of the gift voucher.
   
   The redemption of vouchers is only possible after previously making an appointment. Customers are responsible for making appointments on their own (skydiving season: April-October).
   
   If the voucher is NOT redeemed within the first year of the conclusion of contract / issue date, the price of the voucher will rise by an allowance of 25,-  EUR, without any need for evidence of these costs. 

§6 Cancelation of Contract

If before a tandem jump, there should be any sign of danger or threat to life, health, or material assets, skydive colibri reserves the right to arrange a new appointment for a tandem jump, or to withdraw from the contract. All accumulated costs, that are not part of the tandem jump (e.g. arrival costs), will be need to be paid by the passenger. 

§7 Jump Appointments

On request from April to October.
(see our opening hours here: www.freifallen.de)

§8 Conditions for the Execution of a Tandem Jump 

Minimum age: 10 years (minimum height: 1,40m). For underaged persons, the presence and signature of all legal guardians is necessary. 

The maximum body weight including clothes is 90kg. An exception can be made for up to 100kg, for an additional fee of 20,- EUR. The body weight should be in proportion to the body height (no excessive overweight, normal mobility). Furthermore,  good physical and mental health are required (no asthma, no acute spine injuries, diabetes, heart conditions).

It is generally possible, to make a tandem jump with paralyzed or handicapped persons - after consultation via phone.

Customers turning up under the influence of drugs or alcohol will be excluded from the tandem jump (see also §9).

§9 Cancellation Fee

In case of absence, short-term cancellation (less than one week), or the appearance under the influence of alcohol or drugs, which leads an exclusion from the tandem jump, we will request a cancellation fee of 50,- EUR.

§10 Disclaimer

The participant waives all claims against skydive colibri, that can result from participating in aviation activities inside and outside of the aircraft, at the airport or in connection to other aviation equipment. This in includes accidents or other resulting disadvantages, as long as they were not due to willful intent or gross negligence from skydive colibri. As far as lawfully acceptable, the tandem pilot and the owner of the respective tandem passenger system are excluded from any liability that goes further than the passenger third party liability insurance provided for the passenger. If in the case of an accident there will be claims from third parties, the tandem pilot and the owner are free from any claims, since such claims are not covered within the insurance of the tandem pilot or the owner of the system. 

§11 Right of Withdrawal from Contract

1. According to §312 BGB, our customers have the right to withdraw from their contract/order in written form, within a cancellation period of two weeks after receiving the vouchers/goods. No statement of reasons will be necessary. In order to stay within the timeframe of the cancellation period, it will be enough to send the cancellation notice on time. The vouchers/goods will be sent back to us. If the order value is lower than or equal to 40,- EUR, the customer will need to pay the postage for returning the vouchers/goods. Otherwise, the return of the vouchers/goods will be free of charge. In this case, the postage that was paid will be included in the refund. 
   
   Please send the cancellation notification to this address:
   skydive colibri
   Flugplatz Waizenhofen 40
   91177 Thalmässing
   Phone: +499173794771
   Fax: +499173794772
   E-Mail: info(at)skydive-colibri.de
    
2. In the case of an effective cancellation, the services received on both sides will be returned. The vouchers/goods will be returned in unused condition. 
    
3. In case of a cancellation, the buying price will be refunded via bank transfer. For this, we will need the bank details of the customer. 
    
4. The right of withdrawal from contract does not apply, if the voucher was already redeemed or the goods were already used.
    
5. If the customer is a registered trader, according to §312 BGB the right for withdrawal from contract and return of goods does not apply.

§12 Caveat Emptor: Use of our Website

You are using this website at your own risk. This also includes downloading or exchanging contents and thus potentially damaging or limiting your computer system or other technical devices. It also includes any loss of data. In the case that there should be a legal foundation for a liability of skydive colibri, such liability will be limited to damages that were caused by deliberate or grossly negligent action, or are based on the breach of a main duty that is relevant for the contractual relationship. In case of damages due to the negligent breach of non-relevant contractual duties or of duties for contract negotiations, a liability for consequential damage and atypical secondary damages is not possible and otherwise also limited to the amount of the average damage typical for the contract. The possibility of a compulsory liability according to the Product Liability Act remains untouched. 

§13 Place of Performance – Choice of Law – Place of Jurisdiction

The place of performance and payment location is the address of record of skydive colibri. The law of the Federal Republic of Germany applies.

§14 Severability Clause

Should some of the regulations in these terms and conditions be ineffective or become ineffective, this will not influence the effectiveness of other regulations. Any ineffective regulation will be replaced by a substitutional regulation that serves the same purpose as the original one. It will be formulated in the way that the parties would have agreed upon if they would have known about the ineffectiveness of the regulation, for reaching the same economic purpose. The same applies for any gaps in these terms and conditions.