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General Terms & Conditon
· Subject of these terms and conditions are the relations between Swiss Paragliding & Adventure GmbH (hereinafter referred to as “Swiss Paragliding”) and
· Customer and Passenger (hereinafter referred to as” Customer “) for the performance of tandem paragliding flights (see Section A)
· Buyer and Participant (hereinafter referred to as” Customer “) in relation to the brokerage of activities of Partner Companies (see Section B).
1. Carry Out Paragliding
1. Benefits, right to substitution
Swiss paragliding performs tandem hangglider and paraglider flights
The assignment of Swiss-paragliding to carry out a tandem hang-glider flight takes place with the right of substitution, i. Swiss Paragliding is entitled to have tandem hang glider flights booked via Swiss Paragliding carried out by pilots who are not employees of Swiss paragliding. These are also not considered auxiliary persons. In this case, Swiss Paragliding is not liable for acts and omissions of these pilots, but only for proper care in their selection and instruction.
The contract concerning the execution of the tandem flight comes about with the registration / reservation and the acceptance by Swiss paragliding or with the voucher order. The confirmation of the booking by Swiss Paragliding can be made in writing, by phone or by e-mail. The flight fee has to be paid at the latest at the handover of the ticket before departure to the flight area. The special provisions on the online ordering of vouchers remain reserved (see Section C.1.).
3. Gift Voucher
Vouchers can be redeemed within the validity period of the voucher for all tandem flights of Swiss paragliding, even if a special flight area is designated in the voucher. Otherwise, the provisions of Section C.1 apply.
4. Flight, duration of flight and landing site
The description of a flight on the website of Swiss-Paragliding is correct at the time of its recruitment. However, the content of the flight may be subject to change, with Swiss-Paragliding endeavoring to update changes in the general description. The photos, pictures and videos used in connection with the offered flights are only for the description of the respective flight. The illustrations are therefore not binding and may vary.The flight times indicated on the website of Swiss Paragliding are indicative. Swiss Paragliding does not guarantee flight duration. This depends on the weather conditions and may deviate from the times indicated on the website of Swiss Paragliding. The same applies to the designated on the website landing site. This can be freely selected by the pilot according to the wind and weather conditions. A shorter flight duration or the cancellation of a flight and / or landing on another landing site did not justify price reductions.
The date of the flight will be coordinated with swiss paragliding at short notice and agreed depending on suitable weather conditions. It is expressly pointed out that in spite of fixed deadlines, there is no right to carry out the tandem flight, if the weather conditions do not permit this. In the event of a delay or default, there is no entitlement to damages, refund of the flight fee (subject to the reservation of Section 7) or reimbursement of other expenses incurred. The claim for catching up the flight remains guaranteed. If the customer does not start the tandem paragliding flight or if he leaves the activity prematurely, the benefit entitlement forfeits. Arrival and departure in the flight area are the responsibility of the customer.
6. (Co-operation) obligations of the customer
The customer expressly declares to be physically and mentally healthy, to have no cardiovascular diseases, balance disorders, nervous diseases or other diseases, including chronic diseases, and to be able to cope with the stresses of a paragliding flight. In case of doubt, it is the customer’s responsibility to have the suitability confirmed by a doctor. The customer undertakes to cancel the flight if there is no theoretical introduction or if he has not understood all or part of it; furthermore, if it is under the influence of alcohol, drugs or medication.The customer undertakes to wear appropriate clothing (weather and wind resistant, suitable for soiling) and if possible sturdy shoes as well as the helmet provided by the pilot. Passengers under the age of 16 require the consent of a legal guardian. If no legal guardian is present, the consent must be in writing. The customer agrees to follow the instructions of the pilot unconditionally and immediately. This is for his own safety. In particular, failure to follow the theoretical introduction and instructions during take-off, flight and landing can endanger passengers and pilots. Failure to follow instructions from the pilot may exclude the customer from flying at Swiss Paragliding or cancel the flight.
7. Withdrawal by the customer befor the start of the activity
The withdrawal must be made in writing and accompanied by the documents received (tickets, programmes, etc.). For the calculation of the cancellation costs, the arrival of the notification (in case of Sundays and general holidays the next working day) at the booking office is decisive.
The date of the activity can be changed at the latest 5 days before the activity.
If the date of the activity is changed before the activity and/or the activity is cancelled, a processing fee of 40 CHF per booked service & person will be charged.
In addition to the administration fee, the following cancellation fee of the booked service will be charged.
14 – 07 days before the activity starts, 25% + 40 CHF per person
07 – 05 days before the activity starts, 50% + 40 CHF per person
02 – 00 days before the start of the activity 100%.
If the client is unable to participate in the activity due to late arrival, or only to a limited extent, no refund will be made.
8. Failure of the tandem paraglider flight after arrival of the customer at the flight area
The pilot is responsible for the execution of the flight and determines the details. The pilot is entitled to cancel the tandem paragliding flight if the customer gives legitimate cause to do so by action or omission or violates his duty to cooperate (see paragraph 6). As a result, the entitlement to benefits without entitlement to repayment of the flight fee expires. Should the flight operations be suspended due to events of force majeure (eg natural disasters, epidemics, riots), official measures or strikes or is the flight endangered or rendered impossible due to weather conditions, safety reasons or other reasons which make the performance of tandem paragliding flights considerably more difficult canceled or canceled, the already paid flight fee will be refunded. Further claims, in particular those for other expenses incurred, are excluded. If, for the reasons stated in the previous section, a tandem hang glider flight in the desired flying area can not be carried out, Swiss paragliding is entitled but not obliged to switch to another flying area. Any price difference in favor of the customer will be refunded. Dodge to another flight area is not permitted without the consent of the customer, if the customer has specifically indicated at the time of booking that they wish to carry out the tandem flight exclusively in the booked flight area.
The passenger is acting at his own risk and is not insured by Swiss-Praragliding.Paragliding is not considered a risky sport in Switzerland. Accidents are covered by Swiss accident insurance in accordance with UVG. It is the exclusive responsibility of the customer to clarify whether he has the necessary insurance and, if necessary, to conclude such.
10. Complaints of the customer
Complaints of the customer are to be attached immediately after execution of the tandem paragliding flight in writing with Swiss paragliding and have to be confirmed. The confirmation by Swiss Paragliding does not give any acknowledgment of debt. Auxiliary persons of Swiss Paragliding are not entitled to the recognition of claims.Any claims for damages against Swiss paragliding must be made in writing within four weeks of the completion of the tandem hang glider flight.If no immediate complaint and / or timely collection of compensation claims, any claims are deemed to be forfeited and waiver is accepted.
11. Liability and disclaimers
he transport in tandem paragliding is not subject to the liability provisions of the Ordinance on Air Transport of 17.08.2005. The liability of Swiss-Paragliding or of the pilot vis-à-vis the customer is contractually limited to CHF 72,500 for personal injury and CHF 2,000 for damage to property upon submission of the ticket. Any further liability, in particular also for auxiliary persons and for indirect and consequential damages, such as lost profit, claims of third parties, etc., is hereby expressly waived to the extent permitted by law.
Furthermore, the following special disclaimers apply: ·
· If Swiss-paragliding transfers the execution of the tandem paragliding flight to a third party (see point 1), then it is not liable for its acts and omissions, in particular Swiss Paragliding shall not be liable for damages resulting from acts and omissions of the pilot, which are not related to the contracted service.·
· Swiss paragliding is not liable for damages resulting from breach of the customer’s obligation to cooperate (see section 6).·
· Swiss Paragliding is not liable for damages resulting from the actions of third parties or other participants, acts of God, natural disasters, official orders, etc.
The foregoing limitations and exclusions of liability also apply to non-contractual liability claims of the customer.
12. Image and footage
The photos and videos made on the Swiss-Paragliding flights are the copyrighted property of Swiss-Paraglidung. Swiss paragliding is entitled to use this material for advertising purposes, even if the customer can be recognized, without incurring any costs for Swiss-Paraglidning towards the customer.
B. Arranging activities of partner companies
Swiss-Paragliding mediates activities of various organizers on their website or on site by selling vouchers / tickets for these activities.
The purchase contract (for the voucher tickets) between Swiss paragliding and the customer comes about as a result of the customer accepting the terms and conditions of the order and sending the voucher order online.The execution of the activity is the sole responsibility of the mediated organizer. After purchasing a voucher / ticket, the customer is obliged to arrange an appointment with the organizer. In the course of the ordering process, the customer receives the necessary contact details to the appropriate organizer.The contract regarding the booking and execution of the respective activity is concluded directly between the customer and the respective organizer. The fulfillment of the booked service does not constitute a performance obligation of Swiss-Prargliding. Swiss Paragliding is merely the mediator of the activities presented on its website or on site. Accordingly, the general terms and conditions of the respective organizer apply to the execution of the activities for which the voucher / ticket is entitled. Important contents from this (eg exclusion criteria, dates, locations) can be found in the description of the activities on the corresponding offer on the Swiss-Paragliding website.
3. Voucher / Tickets
Vouchers / tickets entitle the customer within the validity period of the voucher to book and carry out the activity mentioned in the voucher with the organizer. In this case, the price stated in the voucher / ticket and the conditions for booking that are evident at the time of booking apply. Otherwise, the provisions of Section C.1 apply.
The description of an activity on the website of Swiss Paragliding is correct at the time of their recruitment. However, the content of the activity may be subject to change, with Swiss-Paragliding endeavoring to update changes in the general description. The photos, pictures and videos used in connection with the activities offered are only intended to describe the respective activities. The pictures of the vehicles, planes and places u.a. are therefore not binding and may vary.The times of the respective activity published on the website of Swiss-Paragliding are indicative, may vary and are not binding. The activities may be completed in groups. Waiting times must be expected.Claims for damages due to misrepresentations, texts and prices or late delivery are excluded.
Participation in the activities depends on their availability. The final date is agreed by the customer himself with the organizer who notifies the customer of available dates. A timely booking is advisable, at least 14 days before the scheduled date is recommended.
If an appointment for the execution of the activity has been agreed and the customer does not appear, the voucher forfeits without replacement. The customer has to coordinate appointments with the organizer in good time and to inquire about any fees that may be incurred in case of delays or short-term cancellations. Corresponding regulations are a matter between the customer and the organizer. If such fees are due, they are to be paid by the customer directly to the organizer.
Numerous activities are subject to the weather. The customer will be informed about this in the activity descriptions. It may be necessary to query the weather conditions shortly before or on the day of participation at the organizer. This information must be obtained from the customer directly from the organizer. If the activity is not feasible due to the weather conditions, the customer can rebook the date for participation in the activity directly from the organizer. In this case, Swiss Paragliding will not assume the costs and expenses incurred by the customer in connection with the attempted or renewed redemption of the booked activity (eg travel expenses, accommodation, escorts, holidays, etc.).
6. Entrance requirements
The minimum requirements arise from the description of the respective activity. Participation in an activity may require the fulfillment of personal requirements (e.g., height, age, health status, weight, fitness, driver’s license). The customer is familiar with these prerequisites from the description of the activities. He is also responsible for fulfilling the minimum requirement to participate in the particular activity. A refund of the booking price is excluded in case of non-fulfillment of the participation requirements.
7. Loss of Activity
If, during an activity, a particular vehicle or equipment or the involvement of a particular person is part of the description and that vehicle, technical equipment or person is not available on the day of participation in the activity, the organizer reserves the right to make a corresponding replacement. If this is not possible, the organizer reserves the right to cancel the execution of the activity, even at short notice. Further information can be found in the terms and conditions of the respective organizer. The voucher / ticket will remain valid in this case.
8. Changes of Services
Content deviations and changes to individual activities after purchase of a voucher are only necessary if they are not significant and do not significantly affect the overall content and the effect of the booked activity. Changes to the booked experience will be communicated to the buyer after knowledge acquisition by Swiss Paragliding.In the case of a substantial change in content of an activity, the customer is entitled, provided the voucher / ticket has not already been redeemed, to withdraw from the purchase contract free of charge or – if offered by Swiss-Paragliding – to choose a voucher for another equivalent activity.
Insurance is the responsibility of the participant.
The liability for damages from slightly negligent acts, for acts of auxiliary persons and for indirect and consequential damages, like lost profits, claims of third parties, etc., is completely waived.Furthermore, the following special disclaimers apply:
· Swiss paragliding is not liable for damages caused by acts or omissions of the organizer or his assistants.·
· Descriptions and picture / video material on the website or in the advertising documents of Swiss-Paragliding do not constitute an assurance of Swiss Paragliding to the customer and will not be part of the agency contract.·
· Swiss Paraglding assumes no responsibility for the topicality, correctness, legality, completeness or quality of the content of websites that are accessible via links on the website of Swiss Paragliding.
The foregoing limitations and exclusions of liability also apply to non-contractual liability claims of the customer.
11. Resignation by Swiss paragliding
Until booking an activity by the customer with the organizer, Swiss Paragliding is entitled to withdraw from the contract for good cause. As an important reason z. B .:
· In the meantime the organizer is no longer partner company of Swiss-Paragliding or has generally ceased his trade;·
· The minimum number of participants stated in the description of the experience is not achieved;·
· The organizer is not economically reasonable to carry out the activities;·
· Force majeure.
If one of these cases occurs, Swiss-Paragliding informs the customer immediately. In the event of withdrawal from the contract for good cause, the customer will immediately receive back the booking price paid to Swiss Paragliding. The customer also has the option of booking an equivalent experience from the Swiss-Prargliding offer. Further claims against Swiss paragliding, in particular claims for damages (eg travel expenses, accommodation), are excluded.
C. Common provisions
Even if the vouchers are in the name, they are not personal and therefore freely transferable. Swiss paragliding (tandem hangglider flight according to section A) or the organizer (activities according to section B) consider the respective first presenter of a voucher entitled to use the service mentioned in the voucher. Swiss Paragliding or the organizer have the right, but not the obligation, to check whether the transferee rightfully owns the voucher and is entitled to receive the service. By providing the service to the first referrer, the claim of any poster of a coupon having the same code is undermined and there is no right to compensation, even if the later referrer can prove a better right on the coupon.
The validity period of vouchers is two years from the date of issue. During this period, the risk of price increases for the service lies with Swiss paragliding (tandem paragliding according to section A) or the organizer (activities according to section B). Vouchers can no longer be redeemed after expiry of the validity period. If the service specified in the voucher is not claimed and carried out within the deadline, waiver will be accepted.The vouchers can not be exchanged or refunded. If the presenter of the voucher, as long as no appointment has taken place, use a different than in the coupon mentioned tandem paragliding (section A) or other than mentioned in the coupon activity of the same organizer (section B), the value of the voucher fully credited. If the value of the voucher is higher than that of the desired tandem paraglider flight or the desired activity, there is no entitlement to disbursement of the unclaimed value of the voucher and the remaining balance will be forfeited without replacement.
If vouchers are ordered online (hereinafter referred to as “e-voucher”), the order will be confirmed to the customer by e-mail. If the customer decides on the payment method “Invoice”, the customer will receive the invoice with the confirmation e-mail. The invoice amount is due for payment immediately. After receipt of the payment, the e-voucher will be sent immediately by e-mail, if paying by invoice within two to three working days as a PDF file. After printing on white, previously unprinted plain paper in the minimum format A5 and in portrait format with a resolution of at least 600dpi, the e-voucher can be redeemed. The e-voucher must be presented to Swiss-Paragliding or the organizer in full and in the minimum format A5. Incorrectly readable e-vouchers are invalid for redemption. The e-vouchers are provided with a forgery-proof code. The customer acts improperly and in enrichment intention, if he prints the e-coupon several times; reproduced or redirected with the intention of redeeming it on multiple occasions or having it redeemed by third parties. If Swiss paragliding detects an abuse, not yet redeemed e-vouchers expire without replacement. The assertion of damages by Swiss Paragliding remains reserved. Complaints in connection with the order of vouchers must be made in writing immediately, but no later than within a week after receipt of the invoice or e-voucher, otherwise waiver is accepted.
2. Transmission Failure
The customer bears the damage arising from the use of electronic transmission types, namely loss, delay, misunderstandings, mutilation, illegibility and duplicate copies, unless Swiss-Paragliding is guilty of gross negligence. Swiss Paragliding is not liable for damages caused by disruptions or interruptions of any cause, especially in the telephone and Internet operation, as long as Swiss Paragliding has used the usual care.
3. Applicable Law and Jurisdiction
All legal relationships between the customer and Swiss Paragliding are subject exclusively to Swiss law. Place of performance and exclusive place of jurisdiction for all proceedings is Interlaken, Switzerland. However, Swiss Paragliding has the right to prosecute the customer at the competent court of his domicile or at any other competent court, whereby Swiss law remains applicable. Mandatory jurisdiction provisions of Swiss law prevail.
4. Final Provisions
Should individual provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which, in terms of its economic and legal effect, comes as close as possible to the invalid provision.
Agreements deviating from these conditions require the express consent of Swiss-Paragliding and the written form. Swiss Paragliding reserves the right to change the terms and conditions at any time. In each case, the terms and conditions published on the Swiss-Paragliding website apply. Decisive is the German version.
Stand Januar 2019