Terms and Conditions (AGB) of Heli NRW GmbH
§ 1 Scope of Application of the General Terms and Conditions
This website is operated by Heli NRW GmbH, Am Flughafen 34, 41066 Mönchengladbach, hereinafter referred to as Heli NRW.
Heli NRW conducts helicopter flights and/or charters helicopters to licensed pilots. In addition, Heli NRW sells sightseeing flight vouchers through its online shop and also sells merchandise such as USB sticks, keychains, etc. In individual cases, Heli NRW may refer assignments to other service providers.
Contracts are concluded exclusively between the customer and Heli NRW. These terms and conditions are an integral part of all contracts concluded with Heli NRW. They also apply to future contracts, even if not explicitly referenced again.
Any terms and conditions of the customer that are inconsistent with these AGB shall only be binding for Heli NRW if they have been expressly acknowledged in writing by Heli NRW at the time of the contract conclusion. Any amendments to these AGB or other ancillary agreements require the explicit written consent of Heli NRW to be valid.
§ 2 Commercial Flights within the Framework of an Aviation Company & Chartering
1. For the chartering of aircraft to customers with their own licenses such as PPL(H) or CPL(H), the terms of the charter agreement apply. These terms specify both the costs and the insurance requirements. Pilots without a valid charter agreement are not authorized to use Heli NRW’s aircraft.
2. Commercial flights conducted by Heli NRW are carried out by qualified pilots with a commercial pilot’s license (CPL(H)). These pilots are registered with the operating aviation company and authorized to conduct the flights. All aircraft operated by Heli NRW are integrated into an aviation company (AOC).
3. In individual cases, e.g., due to technical failure or maintenance, Heli NRW may use aircraft from other companies. Heli NRW ensures that, in the case of commercial flight operations, a valid AOC and pilots with a CPL(H) are always in place.
§ 3 Offers
1. Offers are based on the performance data of the respective aircraft at sea level in standard atmospheric conditions. The customer acknowledges that the performance data of an aircraft depend both on the altitude above sea level and on the temperature on the day of the flight. Therefore, the flight times mentioned in the offer and in the order confirmation are indicative only.
2. Information in brochures, advertisements, flyers, etc., including prices, is non-binding.
§ 4 Cancellation Policy
1. For all contracts with Heli NRW for a fixed date or contracts that extend beyond the offer of the online shop, the following cancellation policy applies:
a. Within 30 to 5 calendar days before the scheduled service date: 15% of the total order amount
b. Within 5 calendar days before the scheduled service date: 30% of the total order amount
c. Within 24 hours before the scheduled service date: 50% of the total order amount
d. Within 12 hours before the scheduled service date: 100% of the total order amount
2. For purchased flight tickets/vouchers for sightseeing flights, the following cancellation policy applies:
a. Within 2 weeks after purchase: free cancellation
b. After 2 weeks from purchase: 100% of the invoice amount
§5 Right of Withdrawal for Purchases via the Online Shop
WITHDRAWAL INSTRUCTION
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day:
– of the contract conclusion (in the case of a service contract),
– on which you or a third party named by you, who is not the carrier, took possession of the last item.
To exercise your right of withdrawal, you must inform us:
Heli NRW GmbH
Am Flughafen 34
41066 Mönchengladbach
Email: info@heli-nrw.de
Phone: +49 (2161) 467 15 60
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached withdrawal form, but it is not required. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery we offer), without undue delay and no later than fourteen days from the day we receive your withdrawal notice. For this reimbursement, we will use the same payment method you used for the original transaction, unless we have expressly agreed otherwise; in no case will you be charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods without undue delay and in any event no later than fourteen days from the day you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You will bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to examine the nature, characteristics, and functioning of the goods.
End of Withdrawal Instruction
§ 6 Delivery and Service Deadlines, Delay, Impossibility
1. The delivery or service deadline begins on the date specified in the order confirmation. If changes are requested by the customer, the start of the delivery or service time is determined by the date of the written change confirmation. Heli NRW will issue order and change confirmations promptly.
2. With respect to merchants, paragraph 1 applies, with the caveat that the delivery or service deadlines are non-binding unless a specific assurance of the date is included in the written order confirmation.
3. Force majeure, war risks, mobilization, declaration of a state of emergency, and other reasons not attributable to Heli NRW that prevent the execution of the order release Heli NRW from its performance obligation for the duration of the hindrance. This includes all circumstances beyond Heli NRW’s control, particularly refusal of flight, route, and landing permits by the relevant authorities, weather conditions, flight accidents, engine damage, pilot unavailability, failure of fuel supply by the contracted supplier, etc. In such cases, Heli NRW is not liable for any damages incurred by the customer.
4. Heli NRW commits to resolving the hindrances mentioned in point 3 as soon as possible using all available means, with the customer providing reasonable assistance. If a hindrance exceeds a reasonable time, both parties may withdraw from the contract. Heli NRW is then entitled to charge for services already provided. In all cases mentioned in points 3 and 4, claims for damages against Heli NRW are excluded.
5. If Heli NRW is in default due to its own fault, the customer must set a written grace period of two weeks. Claims for damages can only be made if the delay was caused by Heli NRW at least through gross negligence. The same applies to impossibility caused by Heli NRW.
§ 7 Permits, Landing Sites, Loading and Unloading, Takeover
1. The customer acknowledges that all necessary official permits, such as departure and landing permits, and any special permits required, such as low-flying permits, must be in place before the execution of the order, as required by law.
2. Special considerations for helicopters:
Required official permits include:
a. Permits for external takeoff and landing, special permits for the dropping and lowering of materials, aerial photography permits, etc.
b. For external landing sites designated for passengers and cargo, the consent of the property owner must be obtained in accordance with legal regulations.
In principle, Heli NRW will be responsible for obtaining these permits. However, the customer agrees to assist Heli NRW and, if necessary, act on its behalf.
– The external landing sites must be secured by the customer to ensure that unauthorized persons cannot enter during flight operations. The instructions of the pilot and ground personnel regarding flight operations must be strictly followed. Heli NRW is not liable for any damages resulting from failure to follow operational instructions and/or insufficiently secured external landing sites. Heli NRW is only liable in cases of gross negligence or intent. The customer must designate an employee who is responsible for the execution of the order on behalf of Heli NRW.
– The external landing sites must be prepared according to the instructions of Heli NRW staff (no loose items, dust-free), maintained during flight operations, and restored to their original condition after the order has been completed. The costs for this are to be borne by the customer. If either the designated loading or unloading site is changed without the consent of Heli NRW, or if the site chosen by the customer proves to be unsuitable before or during the execution of the order, requiring a change to another location, the customer will bear the additional flight time and costs incurred.
– Transfer of risk and insurance for external loads:
– For cargo transport, the risk transfers to Heli NRW as soon as the transport goods leave the ground, and remains with Heli NRW until the goods are safely landed.
– Heli NRW’s liability for cargo damage, based on statutory private law liability claims, is limited to a maximum of 17 SDR per kilogram of transported cargo (according to EU Regulation 785/2004). If additional transport insurance is desired, it must be arranged separately by the customer at their own expense, or explicitly requested from Heli NRW before transport with the specified insurance sum.
– The customer must provide the transport goods at the designated landing site, properly weighed and with packing lists, in time for loading into Heli NRW’s transport vehicles. If the fixed price cannot be maintained due to the customer’s fault (e.g., poor site preparation, incorrect weight data, unsuitable parts for assembly, etc.), the customer must cover the additional costs. Transport of hazardous goods must comply with IATA regulations for dangerous goods.
§ 8 Prices
The prices offered are gross prices including VAT and passenger fees according to national regulations (e.g., LuftVStG).
§ 9 Delivery Notes, Flight Reports
The persons signing the delivery note or flight report are deemed to be authorized by Heli NRW to accept the deliveries and services. These individuals are considered to have the authority to acknowledge the delivery and service list by signing the delivery note or flight report.
§ 10 Liability
Heli NRW is liable within the framework of statutory regulations, particularly — where applicable — in accordance with the provisions of the Warsaw Convention and the Montreal Convention, as well as the regulations (EC) No. 785/2004 and (EC) No. 285/2010. To the extent permissible, liability is limited to cases of gross negligence or intent. The minimum insurance coverage for the death, injury, or health impairment of a passenger is 250,000.00 Special Drawing Rights (SDR) per person. In the case of delayed transport of a passenger, the air carrier is liable up to a maximum amount of 4,694.00 SDR.
For checked baggage, the air carrier is liable to each passenger only up to a maximum of 1,131.00 SDR. The minimum insurance coverage for the air carrier operating or piloting the aircraft is 19.00 SDR per kilogram of cargo carried. Liability towards third parties (non-passengers) is based on the maximum takeoff weight of the aircraft. Therefore, for aircraft with the following maximum takeoff weights, the corresponding minimum insurance amounts apply. Furthermore, reference is made to the relevant statutory provisions. Minimum insurance coverage in case of the helicopter/jet’s takeoff weight (MTOM) in kg < 2,700 = 3,000,000 SDR
Note: The Special Drawing Right (SDR) is a unit of account of the International Monetary Fund (IMF). It consists of fixed amounts in the major world currencies, including the US Dollar, Euro, Yen, and British Pound, and is set daily. The exchange rate of 1 SDR is approximately EUR 1.22.
§ 11 Warranty
1. Defects must be reported to Heli NRW in writing and without delay at the company’s office. If no timely complaint is made, the delivery or service is considered approved. Complaints made orally or over the phone must be confirmed in writing by Heli NRW to be effective. Flight attendants and ground personnel are not authorized to accept complaints. The period for judicial enforcement of warranty claims is agreed to be 3 months from the completion of the order. After the expiration of this period, warranty claims can no longer be made.
2. In the event of justified complaints, Heli NRW will replace the delivered or transported material. Heli NRW may also compensate for the reduced value. If Heli NRW is also responsible for the material delivery, flight costs will be reimbursed. There are no further claims for damages.
3. The customer is liable for any damage caused by the transport or the necessary dropping of hazardous substances or other objects during the course of the order, either to the aircraft or to third parties.
§ 12 Passenger Transport in the Context of Charter and Sightseeing Flights with Helicopters
1. By purchasing a flight ticket (order confirmation), a transportation contract is concluded between the passenger and Heli NRW. The ticket holder is insured against accidents up to the legally required amount. Any baggage carried in the aircraft is also insured up to the statutory limit.
2. In the case of landings outside the base location, all additional costs such as landing and airport fees, hangarage, as well as the crew’s accommodation and meals, and the risk of bad weather (e.g., return flights to alternate landing sites) are borne by the customer.
3. Heli NRW reserves the right to cancel flights for technical and/or meteorological reasons.
4. Specific Conditions for Helicopter Sightseeing Flights:
The following additional conditions apply to sightseeing flights in accordance with our sightseeing flight program:
The ticket becomes valid only after full payment has been received.
a. The validity of vouchers purchased from Heli NRW is in accordance with the statutory period of 3 years as per § 195 of the German Civil Code (BGB).
b. A flight appointment is made when one or more helicopters are fully booked. Customers can independently book their appointments online via the website.
c. The passenger acknowledges that significant time may pass between the purchase of a ticket and the execution of the flight due to organizational and/or weather-related reasons.
d. If a flight is canceled as per § 12, paragraph 3, the passenger’s claims will not expire. In such a case, a new date will be agreed upon as soon as possible.
e. If a ticket holder rejects a proposed flight date from Heli NRW three times, Heli NRW reserves the right to reclaim the ticket and refund the price of the flight minus a 20% processing fee.
f. There is no entitlement to a specific flight date.
g. Communicated times refer to operating hours. The actual flight time is typically 2-3 minutes shorter.
§ 13 Payment
Flight orders are generally settled in advance. Invoices are due immediately upon receipt. Special agreements must be made in writing. Checks are accepted only as payment. In the event of a delay, the customer must pay default interest of 10% without reminder. If Heli NRW becomes aware of circumstances after accepting the order that seriously call into question the customer’s creditworthiness, Heli NRW is entitled to withdraw from the contract or to require prepayment or security before performing any services. If the order has already been executed, Heli NRW may immediately stop all services and issue a final invoice. For any unexecuted parts of the order, Heli NRW may demand security or withdraw from the contract.
§ 14 Place of Performance and Jurisdiction
The place of performance and jurisdiction for all orders placed with Heli NRW is Mönchengladbach. It is expressly agreed that German law is the sole applicable law between the parties.
§ 15 General Provisions
Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. Invalid provisions shall be interpreted in a way that most closely reflects the intended economic purpose. The instructions of the pilots and ground personnel regarding flight operations must be strictly followed. Heli NRW will not accept claims for damages arising from non-compliance with these instructions. The customer must designate an employee responsible for the order’s execution who will be the point of contact for Heli NRW.
§ 16 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court settlement procedure.
