3. Applicable Law
Austrian law shall apply as the basis for the transportation agreement.
4. Limitation of Liability
Any exclusion or limitation of liability applicable to the air carrier shall also apply to the carrier’s agents, employees, and representatives, as well as any person whose aircraft is used by the air carrier for transportation, including their agents, employees, and representatives.
5. Compliance with EASA Regulations
Flights with PAS are conducted exclusively under EASA regulations for Specialized Operations (EU 965/2012). PAS does not offer flights for entertainment purposes or for the transportation of persons or goods. Only Task Specialists are allowed onboard. Flights are conducted solely for the execution of specific tasks.
6. Work Flights and Skydiver Drop-offs
PAS’s service is limited to transporting task specialists from the departure point on the ground to the agreed drop-off point at jump altitude. Transportation begins when boarding and ends when the task specialist exits the aircraft. No luggage is permitted on these flights.
7. Flight Schedule
Departure times and flight schedules are determined by PAS. Drop-off flights are conducted in compliance with all legal standards, particularly visual flight rules (VFR). This may result in schedule adjustments due to weather conditions or other organizational reasons. Such adjustments are to be expected and do not constitute delays. The task specialist has no right to influence the flight schedule or route.
6. Rebooking
Rebooking is possible without additional charges up to 20 minutes before departure, subject to seat availability. After the 20-minute mark, the seat is considered confirmed, and the ticket is forfeited in case of non-attendance.
7. Ticket and Payment
Bookings are processed electronically, and payment must be completed before departure or via bank transfer. Any funds not used for ticket purchases will be refunded. PAS may employ third parties to handle flight scheduling and payment processing. PAS does not manage or influence ground operations, the conduct during freefall, or subsequent activities. Therefore, PAS is not liable for incidents occurring after the passenger has exited the aircraft.
8. Other Work Flights: Parabolic Flights
Parabolic flights do not constitute transportation under aviation law and are therefore not subject to liability regulations (including task specialist accident and liability insurance). task specialist on parabolic flights are considered test subjects (crew members) and are not insured. Parabolic flights are conducted to create microgravity inside the aircraft for a limited period. Test subjects use this period for their experiments, over which PAS has no control.
Test subjects must familiarize themselves with the characteristics of microgravity and take appropriate precautions. All instructions from PAS personnel must be strictly followed, particularly the seatbelt requirement throughout the flight. Non-compliance will result in full exemption from liability and performance obligations by PAS and its insurers.
9. General Provisions
If one or more of the above provisions are found to be invalid or unenforceable, the validity of the remaining provisions will not be affected (severability clause).
By booking PAS services, the contracting party accepts these terms and conditions.
Aircraft Charter Terms and Conditions
1. Charter Payment and Fuel Cost Adjustment
The Charterer agrees to pay PAS the charter fee as per the Aircraft Charter price list valid at the time of contract conclusion. In the event of a significant increase in fuel costs between the agreement on the date and scope of the service and its actual provision, the Charterer is obligated to compensate PAS for the increased costs.
The timing of payment for the charter fee is a central component of the agreement. No offsetting or counterclaim (whether related to this agreement or any other transport agreement) entitles the Charterer to withhold payments due to PAS. If the Charterer needs to withhold part of the payment or make a deduction, they must ensure that the additional payment is made so that PAS receives the full payment amount after the withholding or deduction.
2. Aircraft Provision
PAS will provide a properly equipped aircraft with flight personnel and fuel at the start of the flight, deemed airworthy according to the laws and regulations at the place of registration. The aircraft will be operated in compliance with all applicable regulations and laws.
Times specified in the agreement are approximate and no guarantee is made for their adherence. PAS reserves the right to deviate from agreed times. Preparatory flight measures, decisions regarding the execution or cancellation of a flight after departure, deviations from the planned route, selection of the landing site, and other matters related to aircraft operation are at the captain's discretion and must be accepted by the Charterer as final and binding.
Ground and operational staff must follow only the instructions of the flight crew. PAS may, at its discretion and without prior notice, replace the aircraft and/or crew.
3. Responsibility and Authorization
The Charterer is responsible for ensuring that all Task Specialists have the necessary permits, licenses, and regulatory requirements and will present the relevant documents on behalf of all Task Specialists.
The charter must not involve any transport that falls outside the scope of the EASA-SPO regulations (specifically, transport that falls under Part-CAT).
4. Liability and Claims
Except as expressly stated in the Warsaw Convention and/or the Montreal Convention, PAS is not liable for any death, personal injury, health damage, or other claims arising from death, health damage, loss, or damage, regardless of the legal basis or whether caused by PAS or its employees, staff, or representatives. The Charterer hereby acknowledges that they waive all rights and claims against PAS and indemnify PAS, its employees, staff, and representatives from such claims, except in cases of willful misconduct or gross negligence by PAS or its employees, staff, or representatives.
5. Payment Terms
Costs for ferry flights and preparation are due in full before the service is rendered. Costs for the service provided (including but not limited to flight time, landings, etc.) must be paid within 30 days of invoicing. Payments are applied to the oldest outstanding amount. A late fee of 5% is due from the first reminder. After the third reminder, third parties will be engaged to collect overdue amounts without further warning.
Should it be necessary to employ third parties to collect overdue amounts due to the Charterer’s failure to pay, the Charterer will also be responsible for the associated costs and an additional 10% of the invoice amount.
6. Communication and Notices
All required communications under this agreement must be in writing and are considered properly delivered if sent via email to the provided address of the legitimate recipient. Communications are deemed delivered once sent to the recipient's legitimate address.
7. No Claims Based on Representations
No claims may be made against PAS based on representations, warranties, indemnifications, or other matters related to or arising from the aircraft charter unless such representations, warranties, or indemnifications are explicitly included in or integrated into the agreement.
8. Amendments
Changes to the agreement are only valid if made in writing and signed by both parties.
9. Confidentiality
The charter fee, payment terms, and other commercial terms contained in this agreement are to be kept confidential by the parties and may not be disclosed to third parties without prior consent.
10. Limitation of Liability
PAS is not liable for any consequential, special, or indirect damages—including lost or anticipated profits—resulting from the performance or failure to perform a flight or related obligations.
11. Governing Law and Jurisdiction
The agreement is governed by the laws of Austria and shall be construed accordingly. The parties hereby submit to the non-exclusive jurisdiction of the Austrian courts.
12. Telecommunications Act Declaration
In accordance with the Telecommunications Act (BGBl 70/2003), by providing their postal address and/or email address and/or fax number through the contact details provided on this website, the user of this website explicitly consents to receive electronic communications in accordance with Section 1(1)(2) of the Consumer Protection Act, including further offers about the services of the website operator and its affiliated companies.
Effective Date: June 18, 2024
Pink Aviation Services, Gmbh & Co KG, Endresstrasse 79/4, A-1230 Wien (PAS)
1. Governing Law and Liability
The transportation of the Task Specialist is subject to the provisions of the Air Transport Act 1957 (LFG 1957) as amended, or the Warsaw Convention, which typically limits the liability of the air carrier.
2. Liability Limitation
The following terms are agreed upon: a limitation of liability according to Section 156, Paragraph 1 of the LFG, and a waiver of claims exceeding the insurance coverage amounts specified in Sections 164 and 165 of the LFG. Task Specialists are insured under the legal framework for transport provided to Austrian air carriers.
