Terms and conditions
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Terms and Conditions (GTC)
General
Paragliding Engadin GmbH organizes passenger flights with paragliders. In addition to mediation, Paragliding Engadin GmbH can take on other services and collect the flight price. The passenger flights are carried out by self-employed pilots. The actual contract of carriage is concluded directly between the pilot and the passenger. These general terms and conditions apply to the contract of carriage. The general terms and conditions are given to the passenger as part of the mediation process by Paragliding Engadin GmbH and can also be viewed on the Paragliding Engadin GmbH website www.paragliding-engadin.ch. The passenger confirms with his signature or in any other way that he has read, understood and accepted these GTC. For the sake of better understanding, people are named in the masculine form - but all genders are meant.
Conclusion of contract and severability clause
The contract between the parties comes into effect when the passenger makes a binding booking. In the event that individual provisions of these GTC should be void or ineffective in whole or in part, the validity and effectiveness of the remaining provisions shall remain unaffected.
Minor or underage passengers
Underage or incapacitated passengers require the consent of a holder of parental authority or a legal representative. If one is not on site when the flight is being carried out, a written declaration of consent must be presented to the pilot in advance.
Payment and Vouchers
The flight ticket contains the names of the contracting parties (carrier and passenger) and the fare paid. It is also valid as a receipt. In any case, the fare must be paid in advance in cash, online or by credit card.
Special agreements are made regarding the issuing, crediting and validity of vouchers.
Pilot and Paraglider
The pilot commissioned to carry out the passenger flight is in possession of the necessary official permit. The pilot is the commander of the biplace paraglider and the passenger undertakes to follow his instructions. The paraglider used is suitable for passenger flights and is properly maintained. The pilot carries a rescue device (emergency parachute) with him.
Passenger health and equipment
The passenger confirms that they do not suffer from any health problems (of a mental or physical nature) that could affect the safe performance of a passenger flight with a paraglider. In case of doubt, he informs the pilot at the latest during take-off preparations. In such a case, a joint decision should be made as to whether the passenger flight can be carried out. The final decision rests with the pilot. The passenger undertakes to wear a suitable helmet, either his own or one made available to him, and sturdy shoes. The pilot can make additional specifications (e.g. long pants, warm clothing, etc.).
Disclaimer / Insurance
The passenger is aware that taking part in a paragliding flight involves risks.
The liability of the pilot for bodily injury and property damage 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 coverage of CHF 5 million. In such cases, the liability of the pilot is limited to a maximum of this amount.
Date, venue, duration and cancellation by the organizer
Dates for carrying out passenger flights are agreed in advance (even at short notice). Changes to the implementation date may become necessary due to the weather or for organizational reasons. The pilot makes the final decision as to whether or not it is possible to carry out a passenger flight. If possible, the passenger flight will be postponed to the next available date. If an alternative date is not possible and the reasons for canceling the original date are not due to the passenger, the passenger can claim back the fare paid. The duration of a passenger flight depends on the meteorological conditions. If the passenger has been assured of a minimum duration of the flight and this could not be achieved, he can reclaim the difference in the flight price pro rata of the actual flight time to the promised flight time.
Further claims against the organizer are excluded.
Cancellation by the passenger
If the passenger cancels the flight when it is possible to do so, the following rules apply to claiming back the fare:
In the event of cancellation more than 48 hours before the agreed date, the full fare will be refunded.
In the event of cancellation less than 48 hours before the agreed date, the fare paid will not be refunded.
Photo and film recordings
The pilot has professional photo/video equipment (GoPro or similar) so that the flight experience is recorded accordingly, provided the additional service video/photo package has been booked by the passenger in advance.
Mobile phones and cameras with interchangeable lenses may not be used during the flight. The pilot can allow exceptions to this under (safety) conditions. The participant agrees to the use of the image and film material created as part of the experience by the organizer for advertising purposes etc.
Transport costs / mountain railways
The transport costs for mountain railways or other trips are not included in the price.
Proper Venue and Applicable Law
The ordinary courts at the headquarters of Paragliding Engadin GmbH are responsible for all disputes arising from the contract for the passenger flight. Only Swiss law is applicable.
Jurisdiction for passengers from the USA or Canada
Passengers from the USA or Canada expressly waive jurisdiction in the USA or Canada for any disputes arising from the passenger flight and acknowledge that neither Paragliding Engadin GmbH nor the pilot accept jurisdiction in the USA or Canada.
Read and agreed