General Terms and Conditions SkyGlide Paragliding Lake Lucerne GmbH
1. Contract Conclusion
With the customer’s verbal or written registration or booking, made with Paragliding Lake Lucerne GmbH (subsequently referred to as the Organiser) or one of their sales agents, a binding contract is entered into by the customer and the Organiser. Upon booking, the customer accepts these terms and conditions as an integral part of the contract between him/her and the Organiser.
2. Subject Matter of the Contract
The Organiser is obligated to fulfil the service requested by the customer as advertised and/or confirmed in the contract. Extended services can be incorporated upon prior agreement with the organiser. Any additional costs that ensue will be paid by the customer.
All valid rates for the services/events on offer can be found in the Organiser’s current advertising materials. The rates in the brochure are per person and in Swiss Francs. The Organiser expressly reserves the right to change rates.
4. Terms of payment
The booked services/events are to be paid as follows before the activity commences:
Full amount on the day of the event at the very latest.
Vouchers will be issued accompanied by an invoice. The entire invoiced amount must be paid within 10 days. This is determined by the date of issue of the invoice.
Payments not made on time permit the Organiser to refuse to fulfil services or to withdraw from the contract. Any costs resulting from cancellation will be charged to the customer according to paragraph 5 below. The number of confirmed participants at the time of cancellation of the contract or the revoking of the service forms the basis for these charges.
5. Cancellation of or amendment to the contract by the customer
Contracts must be cancelled in writing. These are only valid on consultation with and with the agreement of the Organiser.
In the case of complete cancellation, the customer will be invoiced the following percentage of the total cost of the booked service/event:
For group reservations (more than 5 participants):
20 – 10 days before the activity: 30 %
9 – 2 days before the activity: 75 %
1 day before the activity or for a no-show: 100 %
For individuals (up to 5 participants):
24 hours before the activity or less: 100%
For services provided by third-parties, the cancellation policies of those service providers apply. Any costs ensuing in this way can be additionally invoiced. For partial cancellations of group reservations (reduction in the number of participants) the contractual partner can be invoiced with the following share of the total cost of the booked service/event for each person:
9 – 3 days before the activity: 30 %
1 day or less before the activity: 100 %
If the customer arrives late or leaves early from an event, he/she has no right to a refund.
Additional costs incurred by late arrival at, early departure from or postponement of an event are to be born by the customer. If an event is postponed up to 30 days before commencement of the activity, the Organiser can levy an administration fee of 10% of the total cost of the booked event for each person. Postponements which are effected less than 30 days before commencement of the activity will be invoiced according to the above-mentioned terms of cancellation or according to actual incurred costs.
6. Cancellation or amendment of contract by the Organiser
A minimum number of participants is applicable for some events. The Organiser reserves the right to withdraw from a contract, even at short notice. If fulfilment of the contract is not possible at another time or if the customer can’t accept alternative services offered to him/her, any prepayments already made will be reimbursed, with the the costs of any services already utilised deducted. Any further claims for compensation are excluded. Events can be also be cancelled by the Organiser at short notice if participants through their acts, omissions or other behaviour give cause for the contractual fulfilment to be endangered or made impossible. In such cases, with regard to cancellation charges, the terms in paragraph 5 apply. If an event or parts thereof cannot be carried out due to force majeure, safety concerns on the part of the Organiser, measures imposed by the authorities, strikes or uncertain weather or conditions of nature, the Organiser is entitled to cancel or abandon the event, even at short notice. Prepayments already made will be reimbursed, with the costs of any already utilised services, any expenditures and the administration fee deducted. It should be noted that safe execution is in the interest of all parties. The decision of the activity manager is final. We expressly reserve the right to change events. The Organiser will endeavour to provide an alternative service of equal value.
7. Terms of participation and obligation of participants to cooperate
All activities require good health. Participants are obliged to inform the Organiser about any health problems. Participants must under no circumstances be under the influence of drugs, alcohol, psychotropics or similar.
Participants are obliged to fulfil the terms of participation and to obey the instructions of the Organiser, Mountain Guides, Ski Instructors and auxiliary persons. Should a participant not fulfil the terms of participation or not obey instructions, the Organiser may exclude the participant from the activity.
Participants are not insured by the Organiser. Each participant is responsible for his/her own adequate health and accident insurance (to include sports accidents).
Should the customer have cause for complaint or have suffered damage or harm, he/she must inform the activity manager or supplier immediately in writing and receive a confirmation of receipt. The activity manager or supplier is not entitled to make an allowance of claims, however, and such an acknowledgement is not equivalent to an admission of guilt. The activity manager or supplier will aim to put things right, as far as the event and possibilities allow. If no remedy or only an insufficient remedy can be found or if the customer wants to make a claim for compensation, his/her demands must be made in writing, addressed to the Organiser, within 4 weeks of the contractual end of the activity, at the place of booking. The complaint letter must be accompanied both by the confirmation of receipt by the activity manager or supplier and any supporting evidence. Should a complaint be made too late or not at all during the activity or the claim be submitted late to the place of booking, all rights to compensation will be forfeited.
10. General liability
Claims for damages against the Organiser or their auxiliaries are excluded as long as the damage is not caused by wilful intent or gross negligence. The Organiser reserves the right to enlist auxiliary persons / third parties to fulfil services. Should the Organiser legitimately transfer implementation to a third party, then the Organiser is not liable for their acts and omissions. The Organiser especially does not accept liability for damages which arose through acts and omissions of the activity manager, which were not connected with the fulfilment of contractually agreed services, due to the acts of third-parties, other participants, the participants (in particular paragraph 1), force majeure, natural phenomena, governmental directives etc. or due to a delayed return.
Should a participant not obey the directions of the Organiser, activity manager etc. all accountability is removed from the Organiser.
10.1. Liability for Paragliding
The liability of the pilot or the contracting party towards the passenger is max. CHF 5 million.
11. Applicable law and court of jurisdiction
Solely Swiss law, with the exception of international agreements, is applicable to the contractual agreement. The sole court of jurisdiction has been agreed by all parties as Stans in Nidwalden. However, the Organiser is also entitled to lodge his claim at his place of residence or the customer’s domicile if he so chooses.
Should one or more of the provisions of these terms and conditions be or become invalid and/or incomplete, a legal provision that is as close as possible in its validity to the invalid and/or incomplete provision will take the place of the invalid and/or incomplete provision. The invalidity and/or incomplete nature of a provision does not affect the validity of the other provisions.
SkyGlide Paragliding Lake Lucerne GmbH Nov. 2013