Trading Name:

The collective “Alpine Adventures Zermatt” (AAZ) is trading under the name “FlyZermatt”. 

 

General

 

FlyZermatt brokers passenger flights with paragliders. The activity of FlyZermatt is limited to arranging such flights, possibly to other services and collecting 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 (GTC) are handed over to the passenger as part of the mediation by FlyZermatt and can also be viewed on the homepage flyzermatt.com of FlyZermatt. The passenger confirms either by clicking the checkbox during the online booking process, or with their signature in the office or in some other way that they have read, understood, and accepted these GTC. 

 

Formation of Contract

 

The contract between the parties comes into effect when the passenger makes a binding booking. This may take the form of an online booking, telephone call, hotel concierge call, or any other form of contact. If the 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.

 

Payment

Online bookings

 

Online bookings are confirmed with the input of credit card details by the customer. FLYZermatt is authorised to process the payment at any point after the conclusion of the booking process by the customer.

 

Prices

 

All prices include statutory VAT. FlyZermatt reserves the right to change the prices at any time. 

 

Gift Vouchers

 

Gift vouchers are valid for a period of five years from the date of issue. It is the passenger’s responsibility to confirm in advance with FlyZermatt that the gift voucher is valid. 

 

FlyZermatt reserves the right to void the validity of the gift voucher if payment cannot be confirmed. 

 

If FLYZermatt’s prices have increased before a voucher is used, the customer may opt to pay the difference between the flight price and voucher value, or opt to fly a lower value flight. For scenic flights, the customer is obliged to pay the difference.

 

Cancellation Conditions

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:

Cancellation for each passenger made later than 48 hours prior to the booking date: No refund

Cancellation for each passenger made earlier than 48 hours prior to the booking date: 100% refund **

 

For group reservations (more than 9 participants):

 

Cancellation for each passenger made later than 48 hours prior to the booking date: No refund

Cancellation for each passenger made later than 7 days prior to the booking date but more than 48 hours prior to the booking: 50% refund

Cancellation for each passenger made earlier 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 more than 20 minutes late or fail to appear at the agreed meeting place will lose their booking and payment.

 

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. 

 

Conditions of Participation and Obligations of the Participants 

 

The pilot of the passenger flight is in possession of the necessary official Swiss license. The pilot is in command of the tandem paraglider and the passenger is obliged to follow their instructions. The paraglider used is suitable for passenger flights and is properly maintained. The pilot carries a rescue device (emergency parachute) with them.

The passenger confirms that they do not suffer from any health problems (mental or physical) that could affect the safe performance of a passenger flight with a paraglider. In case of doubt, they shall inform FlyZermatt or the pilot at the latest during the booking process. 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. 

 

If the pilot decides to cancel the flight on takeoff (despite otherwise safe takeoff conditions), due to the unsafe behaviour of the passenger, including but not limited to: failing to run when required, sitting before being told to, etc the passenger will still be charged for the flight.

 

The passenger undertakes to wear a suitable helmet and sturdy shoes, either their own or those provided for them. 

 

Participants must under no circumstances be under the influence of drugs or alcohol.

 

Passengers under 16 years of age, or intellectually disabled passengers require the consent of a holder of parental authority or a legal representative. If such a person is not on site when the flight is being carried out, a written declaration of consent must be presented to the pilot in advance.

 

Program

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;

• Snow conditions

• Heli operations

• Wind direction

• Construction works

• 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 all 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 is shortened for any reason, there is no refund of the flight fee.

 

It is FlyZermatt’s decision to cancel a flight due to weather, not the passenger’s. 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 if passengers wish to cancel as they are unsatisfied with the weather conditions.

 

Limitation of Liability

 

The passenger is aware that participation in a paragliding flight involves risks. Since the landing gear of paragliders, for example, corresponds to the legs of the pilot and passenger, injuries can occur in the event of hard landings or aborted take-offs. In

addition, the risk of sudden, unforeseeable wind influences cannot be ruled out.

 

The liability of FLYZermatt and the pilot for bodily injury and property damage incurred by the passenger during a paraglding flight is expressly excluded. In the event that an exclusion of liability should not be possible for legal reasons, the pilot has taken out liability insurance with a maximum coverage of CHF 5,000,000.- In such cases, the liability of the pilot is limited to a maximum of this amount.

If a participant fails to follow the instructions of their pilot or FlyZermatt, both FlyZermatt and the Pilot shall be released from any liability whatsoever.

 

FlyZermatt shall not be liable for any losses arising from acts or omissions of the pilot or any other 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 themselves (in particular section 6), or from an act of God, natural disasters, official directives etc., or returning late from the activity.

 

 

Accident Insurance

The pilot has taken out accident insurance for the passenger with a scope limited to Switzerland and with a maximum amount of 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. The pilot is only liable for claims arising from the consequences of an accident within the scope of the insured benefits and only up to the insured limit of cover.

 

Complaints

Should the customer have cause for complaint or suffer a loss, FlyZermatt must be immediately notified in writing and confirm to the customer receipt of the complaint. However, neither 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 or insufficient remedy is found, or if the customer wishes to claim for damages, such claims must be submitted in writing within two (2) 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.

 

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. English shall be the official language used in any legal disputes with FlyZermatt.

 

Passengers from the USA or Canada expressly waive jurisdiction in the USA or Canada for any disputes arising out of the passenger flight and acknowledge that neither FlyZermatt nor the pilot agree to jurisdiction in the USA or Canada.

 

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 comes 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. If there is any conflict or inconsistency between different language versions of these General Terms and Conditions, English shall be the governing and prevailing version.