Terms and Conditions
General Terms and Conditions of Paragliding Interlaken Gmbh
READ THE FOLLOWING:
Paragliding Interlaken Ltd. is Switzerland`s leading expert in tandem paragliding flights. Our team of highly qualified and professional pilots, together with our trusted partners for many further outdoor adventures, make sure to give you the experience of a lifetime. Leave your routine behind, expand your horizon and enjoy the rush of a physical and mental challenge.
Summer or winter, in water or on snow, through the air or on the ground: Interlaken`s prime adventure location in the center of the Swiss Alps gives us easy access to the best natural playground in Europe. Whether you are an independent traveler, a family or a company, we look forward to sharing with you our love for the outdoors and our passion for adventure.
1. General
Paragliding Interlaken GmbH transfers the execution of all activities to other service providers/organizers. These are subsequently called organizers.
Paragliding Interlaken is only responsible for arranging the activities, partly for providing the necessary infrastructure, partly for operating the logistics and for debt collection for third parties.
The passenger confirms with his signature or in another way that he has read, understood and accepted these General Terms and Conditions.
2. CONCLUSION OF CONTRACT
A binding contract is concluded between the customer and Paragliding Interlaken when the customer makes a verbal or written registration or booking with Paragliding Interlaken or one of its sales outlets.
By making a booking, the customer recognizes these General Terms and Conditions as an integral part of the contract between him/her and Paragliding Interlaken.
2.1 SUBJECT MATTER OF THE CONTRACT
The organizer undertakes to provide the service requested by the customer within the scope of the invitation to tender and/or the order confirmation.
Service extensions can be considered after consultation with the organizer. Any additional costs shall be borne by the customer.
3. PRICES
Our published prices are per person in Swiss francs including VAT. We expressly reserve the right to change prices.
4. WITHDRAWAL OR CONTRACT AMENDMENTS BY THE CUSTOMER BEFORE THE START OF THE ACTIVITY
Withdrawal from contracts must be made in writing. This is only valid after consultation with the organizer and their agreement. All documents already received (confirmations, tickets, vouchers, etc.) must be enclosed. In the event of cancellation or no-show, the customer will be charged the following percentages of the total cost of the booked event: 100% up to 24 hours before the activity.
In the case of third-party services, the cancellation conditions of the respective service provider apply. Any costs incurred in this respect may be invoiced additionally. The customer is not entitled to a refund if he/she arrives late or leaves the event early. Additional costs incurred due to late arrival, early departure or postponement of the event shall be borne by the customer.
5. CANCELLATION OR CONTRACT AMENDMENTS BY THE ORGANIZER
A minimum number of participants is required for various events. The organizer reserves the right to withdraw from the contract, even at short notice. If it is not possible to fulfill the contract at another time or if the customer cannot accept the substitute services offered to him, the payments already made will be refunded, less the services already claimed. Further claims for compensation are excluded.
The event may also be canceled by the organizer at short notice if participants’ behavior, omissions or other actions jeopardize or make it impossible to fulfill the contract. In this case, the provisions of clause 4 shall apply with regard to cancellation costs. If an event or parts thereof cannot be held due to force majeure, safety concerns on the part of the organizer, official measures, strike or unsafe weather and natural conditions, the organizer shall be entitled to cancel or discontinue the event, even at short notice.
Payments made will be refunded after deduction of services already used, expenses and the processing fee. It should be noted that it is in everyone’s interest that the event is carried out without risk. Decisions of the activity leaders are final. The organizer expressly reserves the right to make changes to the event. The organizer will endeavour to provide equivalent replacement services.
6. CONDITIONS OF PARTICIPATION, PARTICIPANTS' OBLIGATIONS TO COOPERATE
Good health is a prerequisite for all activities. Participants undertake to inform the organizer of any health problems. In case of doubt, the participant shall inform Paragliding Interlaken before booking for appropriate clarification. Under no circumstances may participants be under the influence of drugs, alcohol or psychotropic medication or similar. In the case of pregnancy, it must be clarified in advance whether it is possible to take part in the activity.
The participant undertakes to comply with the conditions of participation and to strictly follow the instructions of the organizer, the mountain guides and assistants. If the conditions of participation are not met or the instructions are not followed, the organizer may exclude the participant from the activity.
7. PHOTOGRAPHIC AND FILM MATERIAL
The photos and videos taken by the pilots and Paragliding Interlaken GmbH during hang gliding flights are the copyrighted property of Paragliding Interlaken GmbH. Paragliding Interlaken GmbH is entitled to use this image and video material for advertising and .
8. GENERAL INSURANCE
Participants are not insured by the organizer. Each participant is responsible for taking out adequate health and accident insurance cover (including sports accidents).
8.1 Insurance of paragliding flight by the pilot
The pilot has taken out accident insurance for the passenger with a scope limited to Switzerland and with a maximum cover of CHF 100,000. Benefits from this accident insurance can be claimed after the benefits of any existing accident insurance of the passenger have been fully exhausted. The pilot is only liable to pay benefits for claims arising from the consequences of an accident within the scope of the insured benefits and only up to the insured cover limit.
9. Complaints
If the customer has cause for complaint or suffers damage, this must be reported immediately in writing to the activity leader or service provider and confirmed. However, the activity leader or service provider is not entitled to acknowledge claims, which is why such a confirmation does not have the effect of an acknowledgement of guilt.
The activity leader or service provider will endeavor to remedy the situation within the scope of the event and the possibilities. If no or insufficient remedial action is taken or if the customer wishes to assert claims for damages, the claims must be submitted in writing to the booking office for the attention of the organizer within 4 weeks of the contractual end of the activity.
The complaint must be accompanied by confirmation from the activity leader or service provider and any evidence. All claims shall be forfeited if the complaint is submitted late or not submitted at all during the activity or if the claim is submitted late to the booking office.
10. General Liability
Claims for damages against Paragliding Interlaken or the organizer or its auxiliary persons are excluded unless the damage was caused by intent or gross negligence. Paragliding Interlaken and the organizer are entitled to call in auxiliary persons / third parties to provide services.
If Paragliding Interlaken legitimately delegates the performance to a third party, Paragliding Interlaken shall not be liable for the actions or omissions of this third party.
In particular, the organizer shall not be liable for damage caused by acts and omissions of the activity leader that are not related to the provision of contractually agreed services, due to the actions of third parties, other participants, the participant (in particular clause 1), force majeure, natural events, official orders, etc. or due to late return home.
If a participant does not follow the instructions of the organizer, activity leader, etc., the organizer shall not be liable.
10.1 Paragliding liability
The passenger is aware that participation in a paragliding flight is associated with risks. Injuries may occur in the event of hard landings or aborted take-offs. In addition, the risk of sudden, unforeseeable wind influences cannot be excluded. The liability of Paragliding Interlaken GmbH and the pilot for bodily injury and damage to property incurred by the passenger during a paragliding flight is expressly excluded. In the event that an exclusion of liability is not possible for legal reasons, the pilot has taken out liability insurance with a maximum cover of CHF 5.000.000,-. In such cases, the pilot’s liability shall be limited to a maximum of this amount.
11. DATA PROTECTION
The provisions of the Swiss Data Protection Act are applied. The stored data will not be made accessible to third parties. Paragliding Interlaken GmbH does not store any credit card data. The customer agrees to the processing of his data within the company. The customer is obliged to treat his access data confidentially and not to pass it on to third parties. Paragliding Interlaken accepts no responsibility for the customer’s misuse of their access data.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of international agreements. The parties agree that Interlaken shall be the exclusive place of jurisdiction. However, the organizer is also entitled to assert its claims at the customer’s domicile or registered office at its own discretion. Should one or more provisions of these GTC be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced by a legally valid provision that comes as close as possible to the invalid and/or incomplete provision in terms of its effectiveness. The invalidity and/or incompleteness of a provision shall not affect the validity of the other provisions. Participants from the USA or Canada expressly waive the right to a place of jurisdiction in the USA or Canada and acknowledge that neither Paragliding Interlaken GmbH nor the organizer agree to a place of jurisdiction in the USA or Canada.
