General Terms and Conditions (GTC)
General Terms and Conditions of Paragliding Luzern GmbH in Kriens
- conclusion of contract.
A binding contract is concluded between the customer and Paragliding Luzern GmbH in Kriens with the oral or written registration/reservation or voucher order or booking by the customer, which can be made at Paragliding Luzern GmbH in Kriens 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 Luzern GmbH in Kriens.
2 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.
- terms of payment.
The booked activities are to be paid before the start of the trip as follows: – Advance payment of 50% of the total price of the booked activity. – The balance must be paid on the day of the activity at the latest. – For bookings made more than 30 days before the start of the activity or by individuals, the total amount must be paid on completion of the activity. – In the event of late payment, the organizer reserves the right to refuse the event or withdraw from the contract. The customer will be invoiced for the resulting cancellation costs in accordance with section 4. The basis for this is the number of registered participants at the time of withdrawal from the contract or refusal of service. Vouchers must be paid for within 15 days. Short-term bookings must be paid for on the spot. If the flight cannot be carried out due to a short-term change in the weather conditions, the amount will be credited for a later flight (voucher). Vouchers are non-refundable. A voucher is a security, in case of loss there is no replacement and no equivalent value. Vouchers are valid for 1 year from the date of issue.
- prices.
The current prices for the activities on offer can be found in the organizer’s current advertisements. The prices quoted in the brochure are per person in Swiss francs and include VAT. Prices are subject to change without notice.
5 Cancellation or contract amendment by the customer.
Cancellations of contracts must be made in writing. These are only valid after consultation with the organizer and their agreement. All documents already received (vouchers, confirmations, tickets, etc.) must be enclosed. Cancellation costs shall be calculated on the date on which the notification is received by the booking office (the next working day for Sundays and public holidays).
In the event of a complete cancellation, the customer will be charged the following percentages of the total costs of the booked event:
20 – 10 days before the start of the activity: 30%
9 – 2 days before the start of the activity: 75%
1 day before the start of the activity or no-show: 100%
In the event of partial cancellation of a group reservation (reduction in the number of participants), the contractual partner will be charged the following percentage of the booking costs per person:
9-2 days before the activity: 30%. 1 day or less before the activity: 100%.
If the customer arrives late or leaves the event early, there is no entitlement to a refund. Additional costs incurred due to late arrival, early departure or postponement of the event shall be borne by the customer.
In the event of a postponement or change of date of an activity up to 20 days before departure, the organizer is entitled to charge a processing fee of 10% of the total package price per person. Postponements or changes made less than 20 days before the start of the trip will be charged in accordance with the above cancellation conditions or on the basis of the actual costs incurred. In the case of third-party providers, the cancellation conditions of the respective provider apply. These potential costs may be added to the invoice.
- termination or contract amendment 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 fulfil 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 cancelled by the organizer at short notice if participants’ behaviour, omissions or other actions endanger or make it impossible to fulfil the contract. In this case, the provisions of clause 5 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. We expressly reserve the right to make changes to the event. The organizer shall endeavour to provide an equivalent replacement service.
7 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. Under no circumstances may participants be under the influence of drugs, alcohol or psychotropic medication or similar. The participant undertakes to comply with the conditions of participation and to strictly follow the instructions of the organizer and assistants. In the event of non-compliance with the conditions of participation or failure to follow instructions, the organizer may exclude the participant from the activity. Passengers under the age of 16 require the consent of a parent or legal guardian. If no parent or legal guardian is present, consent must be given in writing.
8 Flight time and landing site.
The duration of the passenger flight depends on the weather conditions. The landing site can be freely chosen by the pilot according to the wind and weather conditions.
- general insurance.
The participants are not insured by the organizer. Each participant is responsible for taking out adequate health and accident insurance cover (including sports accidents). Paragliding is not a high-risk sport and is covered by normal Swiss accident insurance (UVG). Passengers from other countries (residence is decisive) must have appropriate insurance.
9.1 Insurance-liability Paragliding tandem flight by the pilot
Participants are covered by accident insurance for medical expenses of max. 100,000 Swiss francs within Switzerland, in addition to existing accident insurance. For all other activities, participants are not insured by the organizer. Participants are responsible for ensuring that they have adequate health and accident insurance cover, including sports accidents.
The pilot’s liability towards the passenger is limited to a maximum of 5,000,000 Swiss francs.
- 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 authorized 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 endeavour 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.
11 Liability.
11.1 Loss of service, reduced service
Within the framework of these general provisions, the organizer shall reimburse you for the reduced value of services agreed but not provided or poorly provided, unless an equivalent substitute service could be provided on site and the organizer is at fault.
11.2 Exclusion of liability
If the organizer transfers the execution to a third party, he is not liable for the actions and omissions of this third party. In particular, the organizer is not liable for damages that are attributable to actions or omissions of the pilot that are not related to the contractually agreed service. The organizer is not liable for damage caused by the actions of third parties, other participants, the participant (in particular section 10), force majeure, natural events, official orders, etc. or due to late return home. If a participant does not follow the instructions of the organizer or pilot etc., any liability on the part of the organizer shall lapse.
11.3 Special liability provisions
Transportation on our tandem flights is NOT subject to the liability provisions of the Ordinance on Air Transport of 17.08.2005. The liability of the pilot or contractual partner towards the passenger is contractually limited to CHF 5 million.
11.4 Non contractual liability
Non-contractual liability is governed by the relevant legal provisions. Insofar as these general contractual provisions provide for stricter liability requirements, limitations of liability or exclusions of liability, these shall apply.
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 the exclusive place of jurisdiction shall be Lucerne. 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.