**General Terms and Conditions (T&Cs)**
**Swiss Huey – Private Passenger Helicopter Flights for Club Members**
**Version: September 2024**
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1. **Scope of Application**
These General Terms and Conditions (T&Cs) govern the rights and obligations between passengers and the association **Swiss Huey** in connection with the booking and execution of private helicopter passenger flights. The Swiss Huey association is a non-profit organization that exclusively organizes private, non-commercial flights for its members.
By booking and participating in a flight, passengers agree to these T&Cs.
2. **Association and Contact**
**Swiss Huey**
Association for Private Helicopter Passenger Flights
Address: Lichstrasse 3, 4056 Basel, Switzerland
Email: info@huey.ch
Phone: +41 61 202 40 12
Website: www.huey.ch
3. **Booking and Conclusion of Contract**
3.1. **Booking**
Flights can only be booked by association members via the Swiss Huey website, by email, or by phone. A binding booking is made once the association provides written confirmation.
3.2. **Conclusion of Contract**
The flight contract is concluded between the passenger and Swiss Huey. By booking, the passenger confirms that they have read and accepted the General Terms and Conditions as well as any special instructions for the respective flight (e.g., weight restrictions, flight safety instructions).
3.3. **Payment Terms**
The payment for the flight is generally due at least 7 days before the scheduled flight date. Details on payment methods (e.g., bank transfer, credit card payment) will be provided to the passenger after booking.
4. **Services and Flight Execution**
4.1. **Flight Offering**
Swiss Huey exclusively offers private, non-commercial helicopter flights for association members. These are not commercial flight offerings. The association reserves the right to modify, expand, or reduce the offerings at any time.
4.2. **Flight Times**
The flight times and durations indicated by Swiss Huey are approximate. Delays due to weather conditions, technical problems, or other unforeseen circumstances are possible.
4.3. **Flight Execution**
Flights are operated by certified pilots who comply with applicable aviation regulations and safety standards. Swiss Huey reserves the right to cancel or reroute a flight at short notice for safety reasons or due to regulatory requirements.
4.4. **Freight and Passenger Weight**
The total permissible weight for passengers and luggage is limited and depends on the respective helicopter model. The passenger agrees to comply with all requirements and to reduce or remove any requested luggage if necessary.
5. **Passenger Obligations**
5.1. **Conduct Onboard**
Passengers must comply with the instructions of the pilot and ground personnel at all times. Smoking is prohibited aboard the helicopter.
5.2. **Safety Regulations**
All passengers are required to participate in a safety briefing before the flight. Failure to comply with safety regulations may result in exclusion from the flight.
5.3. **Health and Fitness**
The passenger declares that they are physically fit to participate in a helicopter flight. Individuals with serious health problems or restrictions (e.g., cardiovascular conditions, severe fear of flying) should consult their doctor before booking.
6. **Membership and Flight Requirements**
6.1. **Membership in the Association**
Membership in the Swiss Huey association is a prerequisite for flight participation. The annual membership fee is CHF 50. This fee is required to receive the regular benefits of membership and to book flights. The membership fee will be credited toward the flight price if the passenger books a flight within one year after paying the membership fee.
6.2. **Grace Period for Members**
Membership must be active for at least 30 days before participating in a flight. This rule is for safety reasons and to comply with legal regulations for flights with historic aircraft.
6.3. **Event Participation**
After the 30-day grace period, members can begin the experience of a helicopter flight. This rule is a prerequisite for participating in events and flights offered within the association.
7. **Changes and Restrictions by the Federal Council**
As of October 1, 2022, stricter regulations apply for flights with historic aircraft, such as helicopters. The Federal Council has issued new regulations following an analysis by the Federal Office of Civil Aviation (FOCA) and after the fatal accident involving the JU-52. These regulations include:
7.1. **Passenger Restrictions**
As of October 1, 2022, a new passenger restriction applies to flights with historic aircraft: A maximum of nine people may be on board a historic aircraft, with no more than six passengers. This provision applies to all flights with historic aircraft and ensures that such flights are only allowed as part of club solutions or on a private basis.
7.2. **Flights within a Club Solution**
All flights conducted by Swiss Huey are private, non-commercial flights offered exclusively to association members. These flights are not subject to commercial regulations and may only be conducted within the closed circle of association members. To participate in these flights, members must observe the 30-day grace period.
7.3. **Information on Aircraft Approval**
Flights with historic or other aircraft, which are offered privately within a closed circle, remain permissible. Passengers will be informed about the special approval of the respective aircraft before the flight to ensure they are aware of the associated risks.
8. **Cancellations and Changes**
8.1. **Cancellation by the Passenger**
The passenger may cancel a booking free of charge up to 72 hours before the flight or request a change of the flight date. A cancellation fee of 50% of the flight price applies for cancellations or changes made later. If the passenger does not show up without prior cancellation, the full flight price will be charged.
8.2. **Cancellation by Swiss Huey**
Swiss Huey reserves the right to cancel a flight for safety reasons or due to unforeseen circumstances (e.g., bad weather, technical problems) or insufficient seat occupancy. In this case, the passenger will receive a full refund or be offered an alternative flight date.
9. **Liability**
9.1. **Liability of the Association**
Swiss Huey is liable for damages caused by gross negligence or willful misconduct. In case of slight negligence, liability is limited to the amount of the flight price. Since these are private, non-commercial flights for association members, general liability conditions for private air travel apply. Liability is limited to gross negligence and willful misconduct. Swiss Huey does not accept liability for damages caused by force majeure or unforeseen circumstances.
9.2. **Liability of the Passenger**
The passenger is liable for damages caused by their behavior during the flight or on board, particularly if they disregard safety regulations or instructions from the staff.
9.3. **Exclusion of Liability for Force Majeure**
Swiss Huey is not liable for damages caused by events of force majeure (e.g., natural disasters, strikes, wars).
10. **Data Protection and Confidentiality**
10.1. **Collection and Processing of Personal Data**
Swiss Huey collects and processes passengers’ personal data exclusively in the context of flight execution and for managing the association membership. This includes name, address, date of birth, phone number, email address, and, if necessary, health data, provided it is required for flight participation. This data is processed in compliance with applicable data protection regulations and is intended solely for the internal purposes of the association.
10.2. **Data Disclosure**
Personal data will only be disclosed to third parties if necessary for the execution of the flight, such as to flight personnel, authorities, or service providers involved in flight safety or operations. No further disclosure to third parties will take place without the passenger’s explicit consent, unless required by law.
10.3. **Data Retention**
Personal data will be retained for the duration of the membership and for the legally required retention periods. After these periods expire, the data will be deleted, unless there are legal obligations to retain the data.
10.4. **Rights of Affected Individuals**
Each passenger has the right to request information about their stored personal data, to have it corrected, or to request deletion, provided there are no legal retention obligations. Requests should be sent to the contact address provided above.
11. **Amendments to the T&Cs**
11.1. **Changes to the T&Cs**
Swiss Huey reserves the right to amend these General Terms and Conditions at any time. Changes will be communicated to members in advance. Changes will be considered accepted if the passenger continues to book or participate in a flight after the change notification.
11.2. **Notification of Changes**
Changes to the T&Cs will be communicated to passengers via email or through the association’s website. Passengers are advised to regularly check the T&Cs to stay informed about any changes.
12. **Final Provisions**
12.1. **Applicable Law**
Swiss law applies, excluding international private law (e.g., the Convention for the Unification of Certain Rules for International Carriage by Air – Montreal Convention). The place of jurisdiction for any disputes arising from or in connection with these terms and conditions is the registered office of the association in Basel, Switzerland.
12.2. **Severability Clause**
If any provision of these T&Cs is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision shall be replaced by a provision that comes as close as possible to the intended purpose of the original provision.
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.3. **Language of the Agreement**
The language of the agreement is **German**. An English translation of the T&Cs is provided if the passenger prefers it. In case of discrepancies between the German and English versions of the T&Cs, the **German** version shall prevail.
Version of the T&Cs: September 2024