Terms & Conditions
GENERAL TERMS AND CONDITIONS
1. Contract conclusion
With the verbal or written registration (i.e. the booking from the customers) in which Skydive Switzerland GmbH or Scenic Air AG or one of their businesses can execute, a binding contract exists between the customer and the organizer. Through the booking, the customer acknowledges the general business conditions as part of the contract between himself/herself and the organizer.
2. Object of agreement
The organizer assumes responsibility for providing the requested service as described in the advertisements and/or in the confirmation order. Service extensions can be considered upon consultation with the organizer. Any extra costs will be borne by the customer.
3. Conditions of supply
Products featured in Skydive Switzerland GmbH and Scenic Air AG brochures, websites and programs are supplied subject to our terms and conditions of trade set out below. Prior to purchasing any product you should ensure that you have read and understood out terms and conditions and confirmed any other applicable terms and conditions with your booking agent. By making your purchase you are entering into a contract which includes these terms and conditions.
The effective prices for the offered activities can be drawn from the current advertisements from the organizer. The prices in the brochure are quoted per person in Swiss francs and include the statutory value added tax. Prices are subject to change.
The prices do not include transport between your place of residence and your pick up location or back and no services of a personal nature (e.g. telephone calls, drinks, tips, meals and the like) unless expressly stated otherwise.
5. Terms of payment
The booked activities are to be paid before the commencement of the trip. In the event of untimely payment, the organizer reserves the right to refuse the activity or withdraw from the contract. The resulting cancellation costs will be charged to the customer in accordance to number 6.
6. Cancellation or contract modification by the customer
Cancellations of contracts must be in writing. Cancellations are only valid after consulting with the organizer and obtaining their agreement.
In the event of a complete cancellation, the following percent of the total activity cost will be charged to the contracting party:
- 0% – Cancellation more than 48 hours in advance
- 50% – Cancellation 24 hours in advance
- 100% – Cancellation less than 24 hours in advance or in case of non-appearance
7. Cancellation or change of contract by the Organizer
A minimum number of participants is required for certain programs. The organizer reserves the right to withdraw from the contract on short notice. If the fulfilment of a contract is not possible at another time or if the customer cannot take part in the alternative services offered, any paid fees will be refunded minus charges for services rendered. Further damage claims are not possible. The organizer reserves the right to cancel the program on short notice if participants cause the fulfilment of a contract to be endangered or made impossible by their behaviour, their omissions or other actions. In this case the regulation of the cancellation costs applies in accordance with number 6. If a program or parts of a program cannot be carried out due to Acts of God, safety concerns by the organizer, official regulations, strikes or uncertain weather and nature conditions, the organizer reserves the right to cancel or cut short the activities on short notice. Paid fees will be returned minus charges for services rendered, any expenditures and the handling fee. Please note that a danger-free completion of the activity is in everyone’s interest. All decisions made by the activity leaders are final. The organizer expressly reserves the right to modify the program. The organizer will strive for an equivalent service replacement.
8. Conditions of participation and obligations of the participant
For many activities/tours you do not need any experience or previous knowledge. Good health and a positive attitude are required for participation. The participants undertake to inform the organizer about any health problems. Under no circumstances may participants be under the influence of drugs, alcohol, psychotropic drugs or the like. Furthermore, certain medical or physical conditions (including pregnancy) may preclude participation in some activities. In order to avoid disappointment, you should contact the organiser before booking to clarify any concerns in this regard.
The participant undertakes to fulfil the conditions of participation and to strictly follow the instructions of the organiser, instructors, tandem masters, pilots and assistants. Please note that for tandem jumps from a plane the maximum weight is 105kg (230lbs) and for tandem jumps from a helicopter the maximum weight is 95kg (210lbs) and the maximum height is 183cm (6ft). If the conditions of participation are not fulfilled or the instructions are not followed, the organizer can exclude the participant from the activity. In this case there is no entitlement to a refund of the booked activity (tandem jump) and the video/photo package. If the tandem passenger refuses to jump before or during the flight, he/she will not be reimbursed for the tandem jump and the video/photo package.
9. Indemnity form and insurance
Skydive Switzerland GmbH and Scenic Air AG require the signing of the waiver as a condition of participation in the activity.
This document is intended to be a legally binding agreement stating that the buyer will not hold Skydive Switzerland GmbH and Scenic Air AG, their employees, instructors, directors, shareholders, associates, officers or descendants, liable for any loss, injury, damage or death resulting from or in connection with any particular event. The document also requires the disclosure of certain medical conditions to determine eligibility for certain activities.
Participants are not insured by the organizer. Each participant is responsible for adequate health and accident insurance coverage (including sports accidents).
Should the activity lead to appeals or damages, these are to be communicated immediately, in writing, to the activity leader (i.e. activity provider), and these are to be confirmed in writing by the responsible leader. The activity leader, however, shall not have the right to acknowledge claims, for which reason a confirmation shall not have the effect of an acknowledgement of wrongdoing. The activity leader (i.e. activity provider) will make every effort, within the confines of the program and the possibilities available, to remedy the situation. Should the situation be insufficiently remedied or not be remedied, or the participant wishes to make damage claims, the claims must be submitted in writing to the booking office, for the attention of the organiser, within 4 weeks of the contractual end of the activity.
The participant’s appeal is to be accompanied by the confirmation of the activity provider/activity leader as well as any other relevant evidence. If a complaint is made too late or not made at all during the activity or if the claim is submitted late to the booking agency, all appeals will be deemed invalid.
Damage claims against the organizer or the assistants are excluded, as far as the damage was not caused by negligence or intentionally. The organizer is authorized to have assistants or call on third parties to provide valued services. Should the organizer lawfully transfer the execution of the activity to a third party, the organizer shall not be held responsible for the third party’s actions or neglect during execution of the activity. The organizer will especially not be held responsible for damages which are caused by the actions or neglect of the activity leader should this conduct not fall under his/her contracted responsibility; as cause of actions of third parties, other participants, the participant (especially under point 1), acts of God, natural occurrences, official regulations etc or damages caused by delayed return to the starting point of the activity. Should the participant not follow the instructions of the organizer, activity leader, etc, all liability of the organizer is dropped.
12. Consent to the use of photographic material (online and print)
Herewith I agree that the organizer may take and use pictures (videos/short films/photos) of me.
This means that I agree that the organizer may use the recorded image material in their entire communication and in particular for marketing and educational purposes and publish it free of charge on their platforms (in particular social media channels, such as Instagram, Youtube, Facebook, Twitter; websites, skydivewitzerland.com and scenicair.ch; in print and digital media; as a live stream) (also several times).
This consent shall be valid for an unlimited period of time, but may be revoked at any time – with effect for the future – in writing. In the event of revocation, the recordings will be removed from the respective platform/channel. If the recordings are available on the Internet, they will be removed insofar as this removal can be implemented by Skydive Switzerland GmbH/Scenic Air AG. The copyrights to the resulting image material belong to the organizer (in particular no right to remuneration). Skydive Switzerland GmbH and Scenic Air guarantee responsible and respectful handling of photographic and video materials.
13. Applicable Law and Area of Jurisdiction
Swiss law, excluding international agreement, is exclusively applicable for the contractual relationship. The parties agree that the exclusive legal domicile is Interlaken. The organizer is however authorized to lodge a claim in the legal domicile of the customer.
Should one or more clauses of these general business conditions be ineffectual and/or incomplete, then the clause that comes closest to the legal rule will replace the ineffectual and/or incomplete clause. The ineffectualness and/or incompleteness of one clause leaves the effectiveness of the other clauses unaffected.