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 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 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.
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 flight 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.
Separate agreements shall be made regarding the issue, crediting and validity of vouchers.
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 biplace hang glider and the passenger undertakes to follow his instructions.
The hang 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 passenger flight with a hang glider. In case of doubt, he shall inform Matterhorn Paragliding or the pilot at the latest during the preparations for take-off. In such a case, a joint decision should be taken 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 of his own or that provided to him and sturdy footwear. The pilot may make additional specifications (e.g. long trousers, warm clothing or similar).
Disclaimer
The passenger is aware that participation in a hang glider flight involves risks. For example, as the landing gear on hang gliders 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 hang gliding flight shall be limited to a maximum of this amount.
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 makes the final decision as to whether or not a passenger flight can be carried out.
If possible, the passenger flight will be rescheduled for the next available date. 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 duration of a passenger flight depends on the meteorological conditions. If the passenger has been assured a minimum duration of the flight and this duration could not be achieved, he may reclaim the difference in the flight price pro rata of the effective flight time to the assured flight time. Further claims against the organiser are excluded.
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 attached. The pilot shall make a binding decision on the method of attachment. Mobile phones and cameras with interchangeable lenses 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.
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