T&C

General Terms and Conditions (GTC) -
Air Service Berlin CFH GmbH

Zimmerstraße 100
10117 Berlin, Telephone (030) 5321 5321

I. Scope and Definitions

I.I. Provider and Services

Air Service Berlin CFH GmbH, registered in the commercial register of Charlottenburg under number HRB 73125 (hereinafter “ASB”), offers sightseeing flight tickets and balloon ride tickets (tickets), value vouchers (vouchers), and similar services for purchase on its website www.berlinhelicopter.de

  • Vouchers are sold without a fixed date.
  • Redemption for a specific date is arranged via the website or by phone.
  • Contracting parties (customers) may be both consumers and entrepreneurs.

 

I.II. Consumer
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity.

I.III. Entrepreneur
An entrepreneur within the meaning of these GTC is any natural or legal person or a legally capable partnership acting in the exercise of their independent professional or commercial activity when concluding a legal transaction.

 I.IV. Participant
A participant in a sightseeing flight (hereinafter “participant”) may be either the customer themselves or the authorized holder of a ticket.

I.V. Scope of Application
These GTC apply to all contracts and appointment arrangements concluded between a ticket holder or voucher holder and ASB, including contracts concluded without using the website.

  • The customer’s own terms and conditions shall not become part of the contract unless expressly agreed otherwise

II. Conclusion of Contract

II.I. Non-binding Product Presentation
The items and events described on the website do not constitute binding offers but serve as an invitation for the customer to submit a binding offer.

II.II. Submission of Offer
The customer may submit their offer via the online order form, by phone, fax, email, or post. By submitting the offer, these GTC are deemed accepted..

II.III. Acceptance of Offer
ASB may accept the offer within five days by sending a written order confirmation (email, fax, or post) or by requesting payment from the customer.

II.IV. Acceptance Period
The acceptance period begins on the day after the offer is sent and ends at the end of the fifth day.

II.V. Contract Text and GTC
For online orders, the contract text is stored and sent to the customer in text form (email, fax, or letter) after the order has been secured.

II.VI. Contract Text and GTC
The customer is obliged to provide correct contact and payment details. They must configure their spam filter to ensure that all communications from ASB can be delivered.

II.VII. Tickets vs. Vouchers

  • Tickets: Specific sightseeing flights with a fixed price.
  • Vouchers: Euro value without a specified service; can be used to pay for sightseeing flights and balloon rides. Remaining balances can be used for other offers within a specified period. Cash payout is excluded.

 

II.VIII. VAT for Vouchers
Value vouchers are considered a means of payment exchange; therefore, receipts do not show VAT separately.

II.IX. Minor Customers
For minor customers, the consent of a legal guardian is required. ASB may request proof.

II.X. Purchase via Intermediaries
Tickets or vouchers purchased through intermediaries are valid once the customer has received a valid voucher and the purchase amount has been received by ASB.

III. Booking, Passenger Information, and Rebooking

III.I. Issuance of Tickets
Tickets and vouchers are issued only after payment has been received by ASB.

III.II. Notification Obligations, Substitute Persons, and Rebooking

  1. Notification obligation: All booking-relevant data (name, address, phone number, weight, date of birth, special circumstances) must be provided by phone at least three calendar days before the event.
  2. Substitute persons: If the passenger is unable to attend, this must be communicated at least ten calendar days before the flight, or a suitable replacement person must be named by phone.
  3. Rebooking and fees: Passenger changes or submission of missing data on the day of the event → rebooking fee of €20.00 per ticket.
  4. No-show: Ticket expires without replacement.
  5. Contact: Ticket hotline: Mon–Fri 9 a.m.–5 p.m, (030) 5321 5321.

 

III.III. Payment Obligation

  • Flight execution only after payment has been received.
  • In case of late payment: processing fee €5.00 per reminder, default interest 4.12% above the base rate. 

 

III.IV. Liability

  • Transport is subject to the Montreal Convention.
  • Transport is subject to the Montreal Convention.
  • Compensation for travel costs, return transport, or loss of earnings is excluded.

 

III.V. Baggage
Transport of dangerous items is prohibited (flammable substances, toxic substances, radioactive materials, etc.). Exceptions: medications and medical devices with prior approval; animals only by explicit agreement.

 

III.VI. Wheelchair Service

  • Partner am BER: AAS Aviation & Airport Services
  • Cost: €100.00 per started half hour
  • Additional costs are borne by the passenger.

IV. Flight Execution, Weight, and Liability

IV.I. Execution and Scheduling

  1. Flights are generally conducted only when the helicopter is fully booked.
  2. Execution depends on aircraft, pilot, and weather conditions.
  3. Tickets guarantee flight time, not a specific helicopter model or route. Changes to the route will be announced before boarding with justification. By boarding, the passenger accepts the change. If the passenger withdraws, the conditions under IV.II. Alternative Dates and Refunds.III.IV. Liability
  4. The date/time of a sightseeing flight will be communicated as early as possible.
  5. If the requirements for a flight/balloon ride are not met, the flight may be canceled at any time. 

 

IV.II. Alternative Dates and Refunds

  1. In case of cancellation according to IV.I/IV.III → agreement on three alternative dates.
  2. If no execution is possible on alternative dates → refund to the ticket purchaser upon presentation of the original receipt.
  3. Refund without alternative dates → 20% cancellation fee. Vouchers are non-refundable.
  4. Rebooking without weather-related cancellation → €20.00 fee per ticket.
  5. Cancellation/rebooking only up to 10 working days before the flight; afterward, the ticket expires.

 

IV.III. Technical Issues, Force Majeure, and Alternatives

  1. ASB is not liable for technical malfunctions or equipment failure.
  2. If flights or balloon rides are canceled due to force majeure or unavailability of helicopter, balloon, or pilot, ASB may change the location or date or cancel.
  3. ASB will attempt to arrange alternative dates.
  4. ASB may commission authorized third parties to carry out the service.

 

IV.IV. Passenger Weight / Operational Requirements

  1. Passengers must provide accurate weight information.
  2. From 120 kg or for safety/operational reasons, ASB may:
    • charge an additional fee
    • require an additional seat
    • offer an alternative date or flight

V. Prices and Payment Terms

V.I. Prices

  • All prices are final prices including statutory VAT.
  • For ticket purchases, an invoice with VAT shown is issued via email. For vouchers, the rules under section II.VIII. VAT for Vouchers

 

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