skywings Adventures GmbH (General Contract Conditions)
All prices on this website are per person, and include equipment and transport. Meeting point for our activities is our shop at Höheweg 72 in Interlaken. You can also use our free pick-up service in Interlaken and surrounding areas. Some of our trips require a minimum number of people to operate and a reasonable level of fitness. Most of our activities depend on Mother Nature. There are times when due to adverse weather the activity may be altered/postponed or cancelled.
General Contract Conditions of skywings Adventures GmbH
The customer can book directly with skywings Adventures or through one of its booking agents. With your booking you acknowledge the general contract conditions as a component of the contract between yourself and the organizer.
2. Payment Conditions
A deposit of 50% is to be paid when booking more than 30 days before the start of the activity. The remainder must be paid at the place of booking at the latest 30 days before the start of the activity. If the activity is booked less than 30 days in advance, then the entire sum must be paid. If the payment is not made on time the organizer has the right to hold back the services, dissolve the contract and charge the annulment costs according to clause 3.
3. Withdrawal by the customer before the start of the activity
The withdrawal must be in writing enclosing all documents received (tickets, program etc.). Calculation of the annulment costs depends on the arrival of the notification at the booking agent (on Sundays and public holidays then the next working day).
10-5 days before the start of the activity 25%
4-1 days before the start of the activity 40%
On the day of the start of the activity/no shows 100%
Changing the date of the activity up to one day before the activity incurs a processing fee of Fr.40.- per person. If on the day of the activity the customer changes the date to another day, then the customer must pay the processing fee of Fr.40.- and any other additional existing costs. If, due to late arrival, the customer cannot partake in the activity, or if, due to this reason the trip must be cancelled: 100%. If, due to late arrival, only a limited number of people can participate, no refund is given.
4. Withdrawal of the Organizer
4.1 Minimum no. of participants
With all activities there is a minimum number of participants. If the minimum number is not reached, the organizer can cancel the activity up to one day before the date of the activity without compensation.
4.2 Cancellation before the start of the activity
The organizer can cancel the activity, if the participants give him the legitimate occasion to through actions or omissions. In this case annulment conditions according to clause 3 are valid. Should the weather or nature, official measures, higher powers, safety or other factors make the activity difficult, dangerous or not possible, the organizer can cancel the activity. The paid price will be refunded to 100%.
5. Program and price changes before contract settlement
Programs and prices are subject to change without notice. You will be notified of any change when booking.
6. Program changes after contract settlement or discontinuation of the activity
The organizer maintains the right after settlement of the contract and also during the activity to change or discontinue the program, if weather, nature, official measures, higher powers, safety or other measures demand. If there is a considerable change of an important point in the contract before the beginning of the activity, or if the change in the program leads to an increase in price by more than 10%, the participant may back out of the contract. With a program change during the activity, the organizer will do his best to offer, where possible, a change of similar value.
Paragliding: The landing area is chosen by the pilot according to wind conditions. The length of the flight is dependent on weather conditions. A definite amount of air time is not guaranteed. If the flight has to be discontinued, there is no refund of the flight fee.
Sky diving: If the sky dive cannot be carried out due to weather conditions etc, the participant will be refunded the entire fee, as long as the transport plane has not yet started; if the plane/ helicopter has already reached jump height, then only the jump fee will be refunded.
7. Discontinuation of the activity by the customer
If the participant discontinues or leaves the activity before it is over, there is no refund and all other costs additionally incurred are the responsibility of the participant.
8. Participation obligations of the participant, participation conditions
For all activities, good health is a prerequisite. It is the obligation of the participant to tell the organizer of any health problems. Under no circumstances can one participate when under the influence of drugs or alcohol.
The following health conditions do not allow participation in the activities, especially bungy jumping: pregnancy, high blood pressure, heart complaints, epilepsy, eye operations, high risk heart circulation system, physical damages, neurological complaints, chronic ear illnesses with balance disturbances. The customer is obligated to fulfill the participation conditions and to strictly follow the instructions of the organizer, the mountain guide or assistants. Not adhering to the instructions or participation conditions of the activity may lead to the participant being excluded from the activity by the organizer. When exclusion from the activity occurs before the activity, the annulment conditions according to clause 3 are valid, after the start of the activity there is no refund. Additional conditions for bungy jumping: The participant must be at least 16 years old. The organizer alone decides if the jump is to be carried out. If a participant does not follow the instructions, the organizer may immediately dissolve the contract and the jump fee will not be refunded. If weather conditions do not allow the jump to be carried out, the participant has the right to change the jump to a later date or the jump fee will be refunded under exclusion of further claims. Should the participant not jump within ten minutes of jump clearance from the organizer, then he loses the right to carry out the jump, the jump fee will not be refunded.
Additional conditions for skydiving: The participant must be at least 16 years old. The organizer alone decides if the jump is to be carried out. If a participant does not follow instructions, the organizer may immediately dissolve the contract and the jump fee will not be refunded. Should the participant not jump within three minutes of clearance by the organizer, then he loses the right to jump and the jump fee will not be refunded.
Paragliding and Hang-gliding have a special accident insurance with unlimited liability when recovery costs in Switzerland. For all other activities the organizer does not insure participants. The participant should have sufficient sickness and accident insurance coverage (including sport accidents).
Should the participant have the occasion to lay a complaint or suffer damages, then these should be immediately sent in writing to the leader of the activity for confirmation. The leader of the activity is, however, not entitled to acknowledge the claims. The leader of the activity will do his best, within the frame of the program, to remedy things. If there are insufficient or no remedies, or if the participant wants to enforce damage claims, the participant must send the claims in writing within four weeks after the contract end of the activity at the place of booking for the attention of the organizer. With your complaint the confirmation of the leader of the activity must also be enclosed, with all relevant proof. Complaints which are late or which have not been registered during the activity, or with late arrival of the claim at the booking agency, all of the claims are forfeited.
11.1 Failure of service, inferior service
The organizer will reimburse you the agreed value difference within the frame of the general conditions, for services that are not well done or badly done, as long as a substitute service of the same value cannot be offered on the spot, and when it is not the fault of the organizer or his helpers.
11.2 Liability exclusion
The organizer is not liable for damages which are a result of light fault on the part of the organizer or his assistants. If the organizer transfers, within his rights, the activity to a third party, then the organizer is not responsible for his actions or omissions. The organizer is especially not responsible for damages not incurred by the actions or omissions of the activity leader, or which do not exist in connection with the contractually agreed service, but are a result of the actions of the third party, other participants, of the participants (especially clause 8, higher powers, natural forces, official arrangements etc.), or due to late return home. If the participant does not follow the instructions of the organizer, leader of the activity etc. then liability on the part of the organizer is not applicable.
11.3 Special liability conditions, conditions for paragliding, hang-gliding and skydiving.
The use of national laws or international agreements are reserved with continuing liability limitations or liability exclusions. Activities which are controlled by air traffic regulations adhere to the respective national and international conditions, where the liability of persons, things and property damage, as well as luggage is limited or excluded (for inland transportation the air transport regulations of the 3.10.1952/1.6.1962; with international transport the agreement for the standardization of rules over the transportation in the international air traffic, Warsaw agreement of the 12.10.1929/28.9.1955). Please take details from the flying license. For sky-diving the liability limitations according to air transport regulations are valid, even if these are not used by the law.
11.4 Out of contract liability
Out of contract liability complies with the relevant law conditions. Provided that these general conditions intend strict liability prerequisites, liability limitations or liability exclusions, then these may be used.
12. Data Protection
The provisions of the Swiss Data Protection Act are applied. Stored data will not be made available to third parties and the company does not store data from credit cards. The online transfer of the credit card information is encrypted via a 128 Bit SSL certificate, which guarantees a secure payment mode The customer agrees to the processing of data within the company.
The customer is obliged to treat access data confidentially and not to pass it on to third parties. The company assumes no responsibility resulting in misuse of said data.
13. Applicable right and legal venue
Swiss right is applicable. As exclusive legal venue, the parties agree on Interlaken.