General Terms and Conditions Matterhorn Paragliding GmbH

General

Matterhorn Paragliding arranges passenger flights with paragliders (paragliding). The activities of Matterhorn Paragliding are limited to arranging such flights, possibly providing other services and collecting the flight price.

The passenger flights are carried out by independent and 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 shall be shown to the passenger within the framework of the arrangement by Matterhorn Paragliding and can also be viewed on the homepage www.matterhornparagliding.com.

The passenger confirms by ticking the checkbox when booking online, with his signature, or in some other way, that he has read, understood and accepted these General Terms and Conditions.

For the sake of clarity, persons are referred to in the masculine form – all genders are meant.

Conclusion of contract and severability clause

The contract between the parties shall be concluded upon the binding booking by the passenger. This can be when booking online, via phone call, email or any other form of booking.

In the event that individual provisions of these General Terms and Conditions should be wholly or partially void or ineffective, the validity and effectiveness of the remaining provisions shall remain unaffected thereby.

Payment and vouchers

The paragliding ticket contains the names of the contracting parties (company and passenger) and the fare paid. It also serves as a receipt.

The fare must always be paid in advance in cash, online or by credit card.

All prices are stated including the VAT. Matterhorn Paragliding reserves the right to change prices at any time.

Separate agreements shall be made regarding the issue, crediting and validity of vouchers: The vouchers can be bought online or in the shop. All vouchers are valid for 3 years and are non-refundable. After the expiry date, the vouchers cannot be used anymore.

The vouchers can be transferred to other persons. It is in the responsibility of the buyer to make sure, the passenger is within the age and weight limit of the chosen flight. If the passenger fails to take-off due to his physical restrictions and/or inability to follow the pilots instructions safely, the voucher will not be reimbursed.

The passenger can always decide to upgrade the flight and pay the difference of the flight price directly to the pilot after flying.

Pilot and equipment

The pilot in charge of the passenger flight is in possession of the necessary official licence.

The pilot is the commander of the paraglider and the passenger undertakes to follow his instructions. If the passenger fails to do so, the pilots or Matterhorn Paragliding itself reserve the right to cancel the flight without refunding the payment.

The glider used is suitable for passenger flights and properly maintained. The pilot carries a rescue device (emergency parachute).

Health and equipment of the passenger

The passenger confirms that he is not suffering from any health problems (of a psychological or physical nature) which could affect the safe performance of a paragliding passenger flight. In case of doubt, he shall inform Matterhorn Paragliding or the pilot at the latest during the booking process. In such a case, a joint decision should be taken as to whether the passenger flight can be carried out safely. The final decision rests with the pilot.

If the pilot decides on takeoff, that it is not safe to fly and the flight has to be cancelled due to the behaviour of the passenger, the passenger will still be charged for the flight.

Examples for unsafe behaviour may be (not exhaustive).: failing to follow instructions, failing to run for take off,sitting during takeoff, misleading information when booking (on age, weight, level of fitness).

The use of alcohol or drugs is strictly prohibited and will lead to a flight cancellation without refund.

The passenger undertakes to wear suitable sturdy footwear and a helmet of his own or provided to him. The pilot may make additional specifications (e.g. long trousers, warm clothing or similar).

Disclaimer

The passenger is aware that participation in a paragliding flight involves risks. For example, as the landing gear on paragliders is the same as the pilot’s and passenger’s legs, injuries may occur in the event of hard landings or aborted take-offs. In addition, the risk of sudden, unpredictable winds cannot be ruled out.

Every pilot who flies on behalf of Matterhorn Paragliding has demonstrably taken out liability insurance with a maximum cover of CHF 5 million. The liability of the pilot for bodily injury and property damage suffered by the passenger during a paragliding flight shall be limited to a maximum of this amount.

The liability of the pilot and Matterhorn Paragliding for bodily injury and property damage originated by the passenger during the paragliding experience is excluded.

If the passenger fails to follow the pilots instructions, the pilot nor Matterhorn Paragliding can be held responsible and are released from any liability.

Matterhorn Paragliding is not liable for damage caused by the pilot or other third parties that are not related to the agreed service nor for damage caused by acts of third parties, natural disasters, official orders by authorities or by returning late from the paragliding experience.

Minors or incapacitated passengers

Minors or incapacitated passengers require the consent of a holder of parental authority or a legal representative. If such a person is not present at the time of the flight, a written declaration of consent must be submitted to Matterhorn Paragliding in advance.

Date, place of performance, duration and cancellation by the organiser

Dates for the performance of passenger flights shall be agreed in advance (even at short notice). Changes to the date of the flight may be necessary due to weather conditions or for organisational reasons. The pilot or Matterhorn Paragliding make the final decision as to whether or not a passenger flight can be safely carried out. It is not in the passengers decision, if the weather is flyable or not. No refund will be given if the passenger is not happy with the weather – as long as the flight can safely take place.

If possible for passenger and the company, the flight will be rescheduled for the next available date. If the flight is being rescheduled, this counts as confirmation and the passenger cancellation rules apply.

If an alternative date is not possible and the reasons for the cancellation of the original date do not lie with the passenger, the passenger may claim back the fare paid.

The costs of the ticket to takeoff and, in case of cancellation, return back to Zermatt will not be paid back by Matterhorn Paragliding or the pilot.

The duration of a passenger flight depends on the meteorological conditions such as safety and passenger requirements. The flight times advertised by Matterhorn Paragliding are approximate times and cannot be guaranteed.

Due to safety reasons or meteorological conditions, Matterhorn Paragliding or the pilot may change the takeoff at any time. In this case, the passenger will be informed about the reason for the changes, the difference in flight price will be refunded after the flight. Further claims against the organiser are excluded.

Cancellation by the Passenger

The following cancellation fees apply in the event of cancellation by the passenger:

1. for cancellations up to 48h before the scheduled flight time, the amount paid will be
   refunded
2. groups of 4 persons and more must be cancelled 72h in advance to receive a full refund
3. in both cases a handling fee of 5% per booking will be charged

No refund will be given for cancellations made less than 48h before the scheduled flight time. This counts in the same manner for vouchers. No refund will be given for no-shows, late arrivals or early departures (unless prior arrangements have been made). Vouchers will become invalid if the passenger doesn’t show.

If passengers have to cancel due to short-term illness or injury, Matterhorn Paragliding recommends to get a doctors note and have the payment reimbursed by the passengers travel insurance.

Insurance of the passenger in the event of an accident

Each pilot flying on behalf of Matterhorn Paragliding has taken out an accident insurance policy for the passenger with a scope limited to Switzerland and with a maximum cover of CHF 100,000. Benefits from this accident insurance can be claimed after the benefits of any existing accident insurance of the passenger have been fully exhausted.

Matterhorn Paragliding Pilots shall only be liable for claims arising from the consequences of an accident within the scope of the insured benefits and only up to the insured coverage limit.

Photography and filming

The passenger is permitted to carry a small compact camera (type GoPro). This must be properly and safely attached. The pilot shall make a binding decision on the method of attachment. Mobile phones and cameras with interchangeable lenses such as any mechanical gimbles may not be used during the flight. The pilot may allow exceptions to this under (safety) conditions.

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 Matterhorn Paragliding nor the pilot agree to jurisdiction in the USA or Canada.

Ordinary place of jurisdiction and applicable law

All disputes arising from the passenger flight contract shall be subject to the jurisdiction of the ordinary courts at the registered office of Matterhorn Paragliding in Zermatt. Swiss law is exclusively applicable.