General Contract &
1. SUBJECT MATTER OF THE CONTRACT
The Swiss accident insurances do not count paragliding as a risk sport. When practiced with due care, paragliding is a safe sport. We accept this responsibility and expect you as a customer to do the same and to assume your own responsibility. You shall do everything to ensure that during the tour you do not endanger yourself or other trip participants or uninvolved persons and/or prevent them from carrying out their activities, in particular by complying with all safety, health and legal Requirements.
These general contract and travel conditions regulate the legal relationships between you (travel/course participant) and Fly with Andy GmbH, based in Ebikon (LU, Switzerland), hereinafter referred to as “Flywithandy”.
2. CONCLUSION OF THE CONTRACT
2.1 COMMENCEMENT OF THE CONTRACT
The contract between you and Flywithandy comes into effect with the unconditional acceptance of your written, telephone or personal registration with Flywithandy. After sending the written confirmation by Flywithandy, the registration is considered confirmed. From this moment on, the rights and obligations arising from the contract (including these General Terms and Conditions of Contract and Travel) become effective for you and Flywithandy.
If the person making the booking registers further travel participants, he/she shall be liable for their contractual obligations (in particular payment of the travel price) as for his/her own obligations.
Our services result from the service description in the brochure or on the company’s own website and from the travel documents. Special requests on your part or additional agreements are only part of the contract if they have been confirmed by Flywithandy in writing and without reservation.
The services of Flywithandy begin, unless otherwise stated in the travel description, for air travel from the agreed airport, for bus travel from the boarding point.
You are responsible for your own arrival and timely arrival as well as for meeting the Requirements the transport companies (e.g. airline).
4. PRICES AND TERMS OF PAYMENT
The prices for the travel arrangements are shown in the catalog or on the website at the individual destinations. The prices for travel arrangements are per person in Swiss Francs or Euro, depending on your choice during the booking process, unless otherwise mentioned in the announcement. Accommodation is in double room. The prices valid at the time of booking are applicable. For price changes see item 6.
4.2 DOWN PAYMENTS
Flywithandy waives whenever possible the provision of deposits by the customer. For certain trips and in situations determined by Flywithandy, a deposit may be charged.
4.3 PAYMENT TRAVEL PRICE
Payment for the tour price (or the remaining price in the case of deposits according to 4.3) must be made no later than 14 days after receipt of the invoice. If payment is not made in due time, Flywithandy may refuse to provide the travel service and charge handling fees according to section 5.2 or section 5.2. 5.3 assert.
4.4 SHORT-TERM BOOKINGS
If you book your tour less than 30 days before departure, the entire invoice amount is due for payment immediately.
4.5 BOOKING FEES AND ORDER LUMP SUMS
Flywithandy does not charge any booking fees or order fees.
For special requests with a high processing effort, a processing fee of maximum CHF 60 may be charged. For the research and booking of flights that are not part of a tour, Flywithandy charges a handling fee of maximum CHF 60.
4.6 TRAVEL DOCUMENTS
Unless otherwise agreed, the documents will be sent to you upon receipt of your payment for the full amount of the invoice and approximately 10 days before the start of the trip.
5. CHANGES/CANCELLATION OF THE TRAVEL PROGRAM
If you cancel the tour (cancellation) or wish to change or rebook the booked tour, you must inform Flywithandy personally and immediately.
5.2 PROCESSING FEE
In the event of cancellation, change or rebooking of your tour, a minimum of CHF 40 per person and a maximum of CHF 120 per order will be charged as a handling fee (see also section 5.3).
These handling fees are not covered by any cancellation cost insurance that may be in place.
5.3 CANCELLATION COSTS
In the event of cancellation of the tour within the following deadlines before the start of the trip, the following cancellation fees will be charged in addition to the handling fees (section 5.2):
The decisive factor for the calculation of the cancellation or The date of change is the arrival of your declaration at Flywithandy; on Saturdays, Sundays and public holidays the next working day is decisive.
100 – 71 days before the start of the trip 25% of the arrangement price, but at least the costs of personal services (e.g. flights) plus a handling fee of CHF 100.
70 – 51 days before the start of the trip 50% of the arrangement price, but at least the costs of personal services (e.g. flights) plus a handling fee of CHF 100.
50 – 32 days before the start of the trip 75% of the arrangement price.
31-0 days before the start of the trip 100% of the arrangement price.
Cancellation costs are covered by cancellation cost insurance in cases of hardship (illness, accident, death, force majeure). The benefits are based on the applicable insurance policy. The presence of cancellation cost insurance is mandatory for all Flywithandy arrangements and is the responsibility of the customer.
Personal services already purchased, for example flights, will be charged to the customer regardless of the cancellation date.
5.4 SUBSTITUTE TRAVELER
If you are unable to tour, you may nominate a substitute traveler(s). The substitute traveler(s) must be willing to enter into the contract under the existing conditions.
The handling fee (section 5.2) and any additional costs incurred are to be borne by you and the substitute traveler(s).
The price and services do not include insurance.
The mandatory insurance coverage for cancellation costs and return travel insurance is expressly the responsibility of the traveler(s). With the start of the tour, the traveler assures that he/she is responsible for all costs arising from accidents and illness during the tour as well as salvage and repatriation. Flywithandy expressly recommends that all travel participants have comprehensive insurance coverage (incl. recovery service in the event of accidents, such as with REGA or ADAC / ETI-Schutzbrief).
5.6 LIABILITY INSURANCE
With his/her registration for an event, the participant assures Flywithandy that he/she has a compulsory liability insurance for owners and users of hang gliders and parachutes, valid in the respective country of tour, with a guarantee sum of CHF 2,000,000.00 per case of damage.
6. PROGRAM AND PRICE CHANGES
6.1 CHANGES BEFORE CONCLUSION OF THE CONTRACT
Flywithandy expressly reserves the right to change service descriptions and prices before your booking. Should this be the case, Flywithandy will inform you about these changes before the conclusion of the contract.
6.2 PRICE CHANGES AFTER CONCLUSION OF THE CONTRACT
In exceptional cases, it is possible that the agreed price must be increased. Price increases may result from:
a) the subsequent increase in transportation costs (including fuel surcharges);
b) newly introduced or increased government levies or charges (such as airport taxes, landing fees, embarkation and disembarkation fees, etc.);
c) changes in exchange rates or
d) government-imposed price increases (e.g. value added tax).
e) Small groups conducted under the advertised minimum number of participants. If the cost of these travel services increases, it may be passed on to you. The travel price increases accordingly.
Flywithandy will make the price increase no later than 30 days before the start of the trip. If the price increase is more than 10 percent, you are entitled to the rights mentioned in section 6.4.
6.3 PROGRAM CHANGES AFTER YOUR BOOKING AND BEFORE THE START OF THE TRIP
Paragliding is an outdoor sport that depends on the weather. Flywithandy reserves the right, also in your interest, to change the travel program or individual agreed services (such as destination, accommodation, mode of transport, means of transport, airlines, flight times, etc.) if circumstances require it.
Flywithandy will endeavor to provide you with equivalent substitute services. In particular, Flywithandy is not liable for changes in the travel program due to force majeure or official measures for which Flywithandy is not responsible.
Flywithandy will inform you as soon as possible about such changes and their impact on the price.
6.4 YOUR RIGHTS IF PRICE OR PROGRAM CHANGES ARE MADE AFTER THE CONCLUSION OF THE CONTRACT
If the program change or the change of individual agreed services leads to a significant change of an essential point of the contract or if the price increase amounts to more than 10 percent, you have the right to withdraw from the contract within 5 days after receipt of our notification. You will be refunded the already paid travel price (or deposit) immediately.
7. TRIP CANCELLATION BY FLYWITHANDY
7.1 CANCELLATION FOR REASONS THAT LIE WITH YOU
Flywithandy is entitled to cancel the tour if you give justifiable cause to do so by acts or omissions. In this case Flywithandy will refund the already paid travel price; further claims are excluded. Cancellation costs according to 5.2 and 5.3 as well as further claims for damages remain reserved.
7.2 MINIMUM NUMBER OF PARTICIPANTS
A minimum number of participants applies to all trips offered by Flywithandy. If fewer than the designated minimum number of participants take part in a tour, Flywithandy may cancel the tour no later than 20 days prior to the scheduled start of the trip. If Flywithandy still carries out the tour with fewer people, this is not a reason for cancellation.
7.3 HIGHER VIOLENCE, STRIKES
Events of force majeure (e.g. natural disasters, epidemics, riots), official measures or strikes may cause Flywithandy to cancel the tour. In such a case Flywithandy will inform you as soon as possible.
If the tour is cancelled, Flywithandy will endeavor to offer you a substitute trip of equal value. Further claims for compensation are excluded.
7.4 TRIP CANCELLATION FOR OTHER REASONS BY FLYWITHANDY
Flywithandy is entitled to cancel the tour for other reasons, especially due to unfavorable weather conditions. Should this occur, you will be informed as soon as possible and no later than 7 days before departure.
8. PROGRAM CHANGES, SERVICE CANCELLATIONS DURING THE TRIP
8.1 PROGRAM CHANGES
Should a program change be made during the tour (e.g. due to weather conditions), no compensation will be due by Flywithandy. Flywithandy will make every effort to provide the tour with equivalent services. However, the top priority at all times is safety.
8.2 PERFORMANCE LEVEL
If the selected level is too high for a participant, the tour guide can refuse participation in the tours in the interest of the group. It will endeavor to provide a replacement program. The costs for this are to be borne by the participant. In any case, a solution to the satisfaction of both parties will be sought.
9. ABORTING THE TRIP
If for any reason you cancel the tour early, the price of the travel arrangement cannot be refunded to you. Any services not received will be refunded to you, subject to the deduction of a reasonable handling fee, provided they are not charged to Flywithandy.
In urgent cases (e.g. own illness or accident, serious illness or death of a close person) the tour guide or the service provider will assist you as far as possible in organizing the early return.
10.1 COMPLAINT AND REQUEST FOR REMEDY
If the tour does not comply with the contractual agreement or if you suffer damage, you are obliged to complain to the tour guide immediately, i.e. as far as possible, about this defect or damage and to demand a remedy free of charge. The tour guide will make every effort to remedy the situation.
If you wish to claim any defects, refunds or damages from Flywithandy, you must submit your claim in writing to Flywithandy within 30 days of your return. Your complaint must be accompanied by any evidence.
11. DUTIES TO COOPERATE
11.1 PERSONAL REQUIREMENTS
It is essential that when traveling to foreign countries, you adapt to their customs and traditions. The tour guide may exclude from the tour participants who seriously disturb a group or do not adapt to the rules of the destination country. Any return travel costs will be borne by the participant and the paid travel price will not be refunded.
11.2 HEALTH AND LEGAL REQUIREMENTS
Good health is required to participate in paragliding trips. Please also note the posted Requirements on the website. Student pilots and non-certified pilots, in particular, are responsible for clarifying the necessary licenses for trip participation and making sure that certified instructors are leading the tour. If a participant does not meet the requirement or is not sufficiently licensed, the trip leader has the authority to refuse participation in the trips/training.
Any return travel costs will be borne by the participant and the paid travel price will not be refunded.
The persons participating in the tour are themselves responsible for the functionality and completeness of their equipment. For the participation in paragliding trips intact own material is required. If a participant does not meet these requirements (e.g. lack of emergency parachute, head protection, etc.), the tour guide is authorized to refuse participation in the trips/training. Any return travel costs will be borne by the participant and the paid travel price will not be refunded.
12. LIABILITY OF FLYWITHANDY
Flywithandy will reimburse you for the value of services agreed upon but not rendered, insofar as it was not possible for the tour guide to provide an equivalent substitute service on the spot.
You practice your sport at your own risk. Flywithandy assumes no liability for any resulting accidents and/or physical damage. You are responsible for adhering to the respective country’s regulations and laws, even if you are traveling with a group.
12.3 LIMITATIONS OF LIABILITY, EXCLUSIONS OF LIABILITY
12.3.1 INTERNATIONAL AGREEMENTS AND NATIONAL LAWS
If international agreements and national laws contain restrictions on compensation for damages resulting from non-fulfillment or improper fulfillment, Flywithandy may invoke such restrictions and shall be liable only within the scope of such agreements. International agreements and national laws with limitations and exclusions of liability exist in particular in the transport sector (such as air transport, shipping on the high seas and rail transport).
Flywithandy shall not be liable if the non-performance or improper performance of the contract is due to the following causes:
a) to failures on your part before or during the tour.
b) to unforeseeable or unpreventable failures of a third party not involved in the provision of the contractually agreed service.
c) due to force majeure, weather conditions or an event which Flywithandy could not foresee or avert despite due diligence. In these cases, any liability for damages on the part of Flywithandy is excluded.
The liability of Flywithandy, its instructors, flight assistants and personnel for damages to the participating person resulting from simple negligence is excluded. This exclusion of liability applies irrespective of the cause and cause of the damage, as well as the type and amount of the damage. The participant / the participant is responsible that his paraglider pilot authorizations are valid. The participant is responsible for ensuring that his flight equipment is airworthy. The participant assumes full responsibility for all self-piloted paragliding flights.
12.3.3 PERSONAL INJURIES, ACCIDENTS AND ILLNESSES
Flywithandy is liable for personal injury, death, bodily harm and illness, which are the consequence of non-fulfillment or improper fulfillment of the contract, provided that the damages are Flywithandy’s fault. International agreements and national laws remain reserved (section 12.3.1).
12.3.4 DAMAGE TO PROPERTY AND ASSETS
In case of damage to property or financial loss resulting from the non-performance or improper performance of the contract, Flywithandy’s liability is limited to a maximum of twice the travel price, unless the damage was caused intentionally. Lower liability limits or liability exclusions in international agreements and national laws remain reserved.
12.3.5 BUS, TRAIN AND FLIGHT SCHEDULES
Even with careful travel organization, we cannot guarantee compliance with these schedules. Especially as a result of large traffic volumes, traffic jams, accidents, airport congestion, detours, delayed border clearance, etc., delays may occur. In all these cases we are not liable.
12.3.6 FLIGHT DELAYS
In the event of flight delays, the airline is liable in accordance with the Montreal Convention.
12.4 EVENT AND EXCURSIONS DURING THE TRIP
Outside of the agreed itinerary, local events or excursions may be booked during the tour. It is not excluded that such events and excursions are associated with risks. It is your own responsibility whether you participate in such events and excursions.
For events or excursions organized by Flywithandy, the present General Terms and Conditions of Contract and Travel apply. However, if Flywithandy is not your contractual partner, you cannot refer to these General Terms and Conditions of Contract and Travel, especially if these events and excursions are organized by third party companies and the tour guide has merely arranged them.
12.5 DFA LIST
The Federal Department of Foreign Affairs (FDFA) regularly publishes information on countries in which there are possible security or other higher risks. This travel advice can be accessed via the FDFA’s Internet homepage www.eda.admin.ch. Each traveler must ultimately judge for him/herself whether he/she wants to travel or not.
13. ENTRY AND VISA REQUIREMENTS
13.1 OWN RESPONSIBILITY
Each person participating in the tour is responsible for informing himself about the passport and entry requirements and to take the necessary steps to be able to start the tour under the country and origin specific conditions. This also includes checking the regulations of countries in which a transit or stopover takes place (e.g. stopover).
13.2 MISSING TRAVEL DOCUMENTS
If a travel document is not available or if it is issued too late and you therefore have to cancel the tour, the cancellation regulations (according to point 5) apply.
13.3 COMPLIANCE WITH REGULATIONS
The travelers themselves are responsible for compliance with entry, health and foreign exchange regulations. This also applies to transit countries.
13.4 REFUSAL OF ENTRY AND BREACH OF LAW
Flywithandy draws your attention to the fact that in case of refusal of entry you will have to pay the return travel costs. Likewise, Flywithandy expressly draws your attention to the legal consequences of prohibited goods and other imports and exports, as well as other breaches of the law.
14. APPLICABLE LAW AND JURISDICTION
Swiss law is applicable to the legal relationship between You and Flywithandy.
Place of performance and place of jurisdiction is Lucerne (LU, Switzerland). The invalidity of individual provisions of the travel contract does not lead to the invalidity of the entire contract.
Organization and implementation:
Fly with Andy GmbH