TERMS & CONDITIONS
Alpine Adventures Zermatt
Glutz, Schneider, Giles & Banford
The collective “Alpine Adventures Zermatt” (AAZ) is trading under the name “FlyZermatt”.
With the verbal or written agreement to a fixed booking for a paragliding flight a binding contract exists between the passenger and FlyZermatt. Through this booking the passenger acknowledges these terms and conditions as part of the contract between themselves and FlyZermatt.
1. Formation of Contract
The customer’s verbal or written registration or booking with FlyZermatt or one of its points of sale shall constitute the formation of a binding contract between the customer and FlyZermatt. By making the booking, the customer accepts these General Terms and Conditions as an integral part of the contract between himself/herself and FlyZermatt.
2. Subject Matter of the Contract
FlyZermatt undertakes to provide the service required by the customer within the scope of the booking and/or the booking confirmation. Extended services may be considered upon consultation with FlyZermatt. Any additional costs shall be borne by the customer.
All prices include statutory VAT. FlyZermatt reserves the right to change the prices at any time. Any prices stated in foreign currencies shall be adjusted similarly with the current daily exchange rate but decided upon by FlyZermatt.
4. Cancellation of FlyZermatt bookings by the Customer
Any cancellations of FlyZermatt bookings must be made in writing and shall only be legally valid after FlyZermatt has been consulted and agreed.
In the event of an FlyZermatt booking being cancelled by the customer, the following rules apply:
For individuals & up to 9 participants:
Cancellations made later than 4pm the day prior to the booking date: No refund
Cancellations made later than 4pm 2 days prior to the booking date but before 4pm the day prior to the booking: 50% refund
Cancellations made earlier than 4pm more than 2 days prior to the booking date: 100% refund **
For group reservations (more than 9 participants):
Cancellations made later than 4pm 2 days prior to the booking date: No refund
Cancellations made later than 4pm 7 days prior to the booking date but before 4pm 2 days prior to the booking: 50% refund
Cancellations made earlier than 4pm more than 7 days prior to the booking date: 100% refund **
(** a 3% cancellation charge will be kept by FlyZermatt from all bookings cancelled by the passenger when the booking was paid by credit/debit card or bank transfer)
Late arrivals and no-show:
Passengers who arrive late or fail to appear at the agreed meeting place will lose their booking and payment.
5. Cancellation of FlyZermatt bookings by FlyZermatt
FlyZermatt reserves the right to cancel or change reservations for many reasons, including but not limited to: safety, weather conditions and/or operational requirements. In the event of a cancellation by FlyZermatt the booking shall be fully refunded, with no cancellation charge.
6. Conditions of Participation and Obligations of the Participants to Co-operate
All activities require that participants are in good health. The participants undertake to notify the organiser of any health issues they may have. Participants must under no circumstances be under the influence of drugs, alcohol, psychotropic drugs or the like.
The participants undertake to fulfil the conditions of participation and to strictly follow all instructions given by the organiser, the mountain guide or any auxiliary persons. If a participant fails to meet the conditions of participation or to follow the instructions, the organiser may exclude them from the activity.
FlyZermatt reserves the right to change the takeoff location at any time due to safety, weather conditions, or other reasons which may prevent access to a particular takeoff on the day of the flight, including, but not limited to;
Limited lift operations or breakdowns
If the flight is changed to a lower takeoff, then the appropriate refund on flight price will be given after the flight.
For safety reasons, the Pilot reserves the right to change the landing area at any time.
Flight duration may vary for many reasons including, but not limited to; weather, wind, safety & passenger requirements. Flight times for various options given in brochures, our website, or other forms of advertising are approximate. A definitive amount of air time is not guaranteed. If a flight has to be discontinued, there is no refund of the flight fee.
It is FlyZermatt’s decision if a flight should be cancelled due to weather, not the passenger. FlyZermatt does not guarantee sunny weather conditions, i.e. if wind and visibility allow for a safe flight, then the flight will still take place. There will be no refund given for cancellations due to cloudy skies.
8. General Insurance
The participants are not insured through the organiser. It shall be the responsibility of each participant to ensure that they have sufficient insurance cover for sickness and accidents (including sports accidents).
8.1 Paragliding Insurance
Through FlyZermatt’s insurance policy, the participants have 5 years of unlimited insurance cover for treatment costs in Switzerland as a result of an accident.
Should the customer have cause for a complaint or suffer a loss, this must be in writing, immediately be notified to and confirmed by the FlyZermatt. However, FlyZermatt nor the pilot is entitled to allow any claims; therefore, such confirmation does not constitute an acknowledgement of culpability. FlyZermatt shall endeavour to find a remedy within the scope of the event and within the realms of possibility. If no remedy at all or insufficient remedy is found, or if the customer wishes to claim for damages, such claims must be submitted in writing within four (4) weeks of completion of the activity, addressed to FlyZermatt. The confirmation by FlyZermatt and any evidence must be included with the complaint. If a complaint is made late or no complaint is made at all during the activity, or if the respective claim is submitted late to FlyZermatt, all arising claims shall be forfeited.
10. General Liability.
Any claims for compensation made against FlyZermatt or its auxiliary persons shall be excluded unless the damage was caused by intent or gross negligence. FlyZermatt shall be entitled to call in auxiliary persons / third parties to provide the services. If FlyZermatt legitimately assigns the performance to a third party, FlyZermatt shall not be liable for any acts or omissions by said third party. In particular, FlyZermatt shall not be liable for any losses arising from acts or omissions of the third party, which are not related to the provision of services agreed upon in the contract; or losses arising from third-party acts, or acts of other participants or in fact the participant himself/herself (in particular section 1), or from an act of God, natural disasters, official directives etc., or returning late from the activity.
If a participant fails to follow the instructions of their pilot or FlyZermatt, FlyZermatt shall be released from any liability whatsoever.
10.1. Paragliding Liability
The liability of the pilot and/or the contractual partner towards the passenger shall be limited to a maximum of CHF 5 million.
11. Applicable Law and Court of Jurisdiction
The contractual relationship shall be governed solely by Swiss Law, to the exclusion of any international treaties. The parties shall agree upon Zermatt as the exclusive court of jurisdiction. However, FlyZermatt shall, at its own option, be entitled to assert its claims at the customer’s place of residence or domicile.
Should any of the provisions of these General Terms and Conditions be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced with a valid provision that co mes closest to the intended purpose of the invalid and/or incomplete provision. Such an invalid and/or incomplete provision shall not affect the validity of the other provisions.