General Contract Conditions
General:
Skywings Adventures GmbH transfers the execution of all activities to other service providers / organizers. These are hereinafter referred to as the organizers. Skywings Adventures is only responsible for arranging the activity, partly for providing the necessary infrastructure, partly for operating the logistics and for debt collection for third parties. The meeting point is our shop at Höheweg 72, or our information booth at the Grand Café Restaurant Schuh at Höheweg 56 in Interlaken. We offer our customers a free pick-up service in and around Interlaken.
1. Formation of contract
With the oral or written registration or booking by the customer, which can be made at Skywings Adventures or one of their sales outlets, a binding contract is concluded between the customer and the organizer. By booking, the customer accepts these general terms and conditions as part of the contract between him and the organizer.
2. Subject of contract
The organizer facilitates and provides the services requested by the customer in the context of the tenders and / or the order confirmation. Service extensions can be taken into account after consultation with the organizer. Any additional costs are borne by the customer.
3. Prices
Our published prices are per person in Swiss francs including statutory VAT. We expressly reserve the right to change prices.
4. Cancellation or changes to the contract by the customer before the start of the activity
The withdrawal from contracts must be done in writing. This is only valid after consultation with the organizer and their consent. All documents already received (confirmations, tickets, tickets, vouchers, etc.) must be enclosed. In the event of cancellation or no-show, the customer will be charged the following proportions of the total costs 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 regard can also be invoiced. If the customer arrives later or leaves the event prematurely, there is no entitlement to a refund. Additional costs, caused by late arrival, premature leaving or postponement of the event, are to be borne by the customer.
5. Cancellation or changes to the contract by the organizer
The organizer reserves the right to withdraw from the contract at short notice. If it is not possible to fulfill the contract at another point in time or if the customer cannot accept the replacement services offered to him, the payments already made will be reimbursed, deducting the services already used. Further claims for compensation are excluded. The organizer can cancel the activity if the participants’ actions and omissions give a legitimate reason to do so. In this case, the cancellation provisions according to section 4 apply. If the weather and natural conditions, official measures, force majeure, security or other reasons make the activity significantly more difficult, endangered or impossible, the organizer can cancel the activity. We expressly reserve the right to make changes to the event. The organizer will endeavor to provide an equivalent replacement service or 100% of the price paid will be reimbursed.
6. Conditions of participation, obligations of the participant to cooperate
Good health is required for all activities. The participants undertake to inform the organizer about any health problems. Participants must not be under the influence of drugs or alcohol under any circumstances.
The following health conditions exclude participation in the activities or are only allowed after consultation with the organizer: pregnancy, high blood pressure, heart problems, epilepsy, increased risk in the cardiovascular system, damage to the musculoskeletal system, neurological complaints, chronic ear diseases, with balance disorders. The customer undertakes to fulfill the conditions of participation and to follow the instructions of the organizer and auxiliary person. If the conditions of participation are not met or the instructions are not followed, the organizer can exclude the participant from the activity. In the event of exclusion before the start of the activity, the cancellation provisions according to Section 4 apply; after the start of the activity, no refunds will be made.
7. Image and film material
The photos and videos taken by Skywings Adventures on the paragliding flights are the copyrighted property of Skywings Adventures GmbH. Skywings Adventures is entitled to use this image and video material for advertising and promotional purposes, even if the customer can be identified on them, without Skywings Adventures incurring any costs for the customer.
8. Insurance
The participants of a paragliding flight are insured by the organizer with accident insurance with unlimited coverage for medical expenses in Switzerland. For all other activities, the participants are not insured by the organizer. The participant is responsible for adequate health and accident insurance (including sports accidents).
9. Complaints
Should the customer have cause for complaints or suffer damage, these must be reported to the organizer immediately in writing and confirmed. However, the organizer or the service provider is not entitled to recognize claims, which is why such a confirmation does not have the effect of an acknowledgment of guilt. The organizer or the service provider will endeavor to remedy the situation within the framework of the event and the possibilities. If there is no or inadequate remedy or if the customer wants to assert claims for damages, the claims must be submitted in writing to Skywings Adventures 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 organizer or service provider and any evidence. In the event of late or non-compliance during the activity or late submission of the claim to Skywings Adventures, all claims are forfeited.
10. Liability
Claims for damages against Skywings Adventures, the organizer or their auxiliaries are excluded, unless the damage was caused by intent or gross negligence. The organizer is entitled to call in auxiliary persons / third parties to provide the service. If the organizer legitimately delegates the execution to a third party, the organizer is not liable for his act or omission. In particular, the organizer is not liable for damage resulting from actions and omissions of the activity manager, which are not related to the provision of contractually agreed services, due to actions of third parties, other participants, the participant, force majeure, natural events, official orders, etc. or have arisen due to late return home. If a participant does not follow the instructions of the organizer, activity leader, etc., any liability on the part of the organizer is void.
11. Data protection
The provisions of the Swiss Data Protection Act are applied. The stored data will not be made accessible to third parties. Skywings Adventures GmbH does not save 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. Skywings Adventures assumes no responsibility that the customer may incur from improper use of his access data.
The online transfer of credit card information is encrypted using a 128-bit SSL certificate, which guarantees a secure payment mode.
12. Applicable Law and court of Jurisdiction
Only Swiss law, excluding international agreements, is applicable to the contractual relationship. The parties agree that the exclusive place of jurisdiction is Interlaken. However, the organizer is entitled, at his own discretion, to assert his claims at the customer’s place of residence or registered office. Should one or more of the provisions of these terms and conditions be or become ineffective and / or incomplete, the ineffective and / or incomplete provision will be replaced by a legally valid provision that comes as close as possible to the ineffective and / or incomplete provision. The ineffectiveness and / or incompleteness of a provision does not affect the effectiveness of the other provisions. Participants from the USA or Canada expressly waive a place of jurisdiction in the USA or Canada and acknowledge that neither Skywings Adventures GmbH nor the organizer agree to a place of jurisdiction in the USA or Canada.