General Terms and Conditions (GTC) of the Biplace Company Matterhorn Paragliding

General

Matterhorn Paragliding offers passenger flights with paragliders. The flights are carried out by employed or commissioned pilots. However, the contractual relationship is between the passenger and Matterhorn Paragliding. 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 – however, 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

No flight ticket is issued. The names of the contracting parties (Matterhorn Paragliding and the passenger) and the fare paid shall be derived from the correspondence at the time of conclusion of the contract. In any case, the fare must be paid in advance in cash, online or by credit card. Special 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 is properly maintained. The pilot carries a rescue device (emergency parachute).

Health and equipment of the passenger

The passenger confirms that he/she is not suffering from any health problems (mental or physical) which could affect the safe performance of a passenger flight with a hang glider. In case of doubt, the passenger 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 agrees to wear a suitable helmet and sturdy footwear provided to him/her. The pilot may impose additional requirements (e.g. long trousers, warm clothing, etc.).

Disclaimer

The passenger is aware that participation in a hang gliding flight is associated with risks. For example, since the landing gear on hang gliders is designed to accommodate the needs of the pilot and passenger, injuries may occur in the event of hard landings or aborted take-offs. In addition, the risk of sudden, unpredictable wind effects cannot be ruled out. All Matterhorn Paragliding pilots have taken out liability insurance with a maximum cover of CHF 5 million. The liability of Matterhorn Paragliding and the pilot for bodily injury and property damage suffered by the passenger during a hang gliding flight is 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 (also 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/she may reclaim the difference in the flight price pro rata to the actual flight time assured. Further claims against the Organiser are excluded.

Cancellation by the Passenger

If the passenger cancels the flight, even though it would have been possible, the following rules apply to the reclaiming of the flight price:

1. For cancellations up to 48 hours before the scheduled flight time, the amount paid will be refunded
2. Groups of 4 persons or more must be cancelled 72 hours in advance in order to receive a full refund
3. In both cases a processing fee of CHF 10 per passenger will be charged

No refund will be given for cancellations made less than 48 hours before the scheduled flight time. No refunds will be given for no-shows, late arrivals or early departures (unless prior arrangements have been made).

Insurance of the passenger in case of an accident

The passenger confirms that he/she is insured against the consequences of an accident (also during a hang gliding flight). There is no accident insurance through Matterhorn Paragliding (or the pilot).

Photography and filming

The passenger is permitted to carry a small compact camera (type GoPro). This must be properly attached. The pilot decides bindingly on the type and manner of attachment. Mobile phones and cameras with interchangeable lenses may not be used during the flight. The pilot may permit 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 pilots) agree to jurisdiction in the USA or Canada.

Venue and applicable law

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