GENERAL TERMS AND CONDITIONS OF TANDEM FLIGHT COMPANY FLYFREAK PARAGLIDING… (T&C)
General
The company Flyfreak Paragliding (short: Flyfreak.ch) offers tandem flights according to the latest standards. Our offers are only available to individuals (customers) after they have read, understood, and accepted every point of these T&C. Adults agree to the T&C by appearing at the agreed location for the service(s). The participant assures, by registering, to be physically and mentally fit and that there are no reasons that would exclude them from participating. He/she is obliged to strictly follow the instructions of the tandem pilot. No one is forced or obligated to take off. If a participant feels unsure or uncomfortable, he/she should report this to the tandem pilot. The return transport from the take-off site is always guaranteed. A tandem flight may be postponed or canceled for safety reasons. Participants under 18 years of age require the signature of their legal guardian. These T&C are available online at https://flyfreak.ch/agb/. If you have any questions about the operation, tandem flights, and other services, we are available at the contact details provided. Disclaimer of Liability
Disclaimer of Liability
Participants are aware that they assume certain risks when engaging in hang gliding. Participation in tandem flights is done so at their own responsibility and risk. The company Flyfreak Paragliding, its tandem pilots, and other assistants expressly disclaim any liability for damages incurred by participants. Flyfreak Paragliding does not assume liability for damages or theft of personal equipment in Flyfreak Paragliding vehicles (including trailers). Flyfreak Paragliding is not liable for damages resulting from the actions of third parties, other participants, natural events, etc., or for any delays in the flight program.
Insurance and Damage to Flyfreak Paragliding Equipment
The aircraft of Flyfreak Paragliding are covered by a comprehensive aviation liability insurance. Damages to tandem equipment caused by the customer’s own fault are fully the responsibility of the customer. Paragliding in Switzerland is not classified as a high-risk sport by any insurer. Personal accident insurance is always the responsibility of the participant.
Tandem Flights
General Information: The passenger expressly declares that they are physically and mentally fit, have no heart or circulatory diseases, balance disorders, neurological disorders, or any other chronic illnesses, and feel capable of handling the demands of the flight. It is the responsibility of the passenger to cancel the flight if:
– No theoretical briefing has taken place.
– They have not fully understood the briefing.
– They are under the influence of alcohol, drugs, or medication.
By submitting the booking, settling the invoice amount, giving verbal instructions, and/or signing/redeeming gift vouchers, the passenger accepts the terms and conditions of Flyfreak Paragliding. The costs for transportation to the agreed meeting point and similar expenses are not included in the flight fee but can be booked additionally.
It is the responsibility of the passenger to wear suitable clothing (weatherproof and windproof, dirt-repellent), preferably sturdy shoes (covering the ankles), and tear-resistant gloves. The tandem pilot is obliged to provide head protection (helmet) and flight equipment. For passengers under 18 years old, the signatures of both parents/legal guardians are required.
It is the responsibility of the passenger to unconditionally and promptly follow the pilot’s instructions. This is for their own safety. Failure to comply with instructions and directives during takeoff, flight, and landing can result in injuries to the passenger and the pilot. If the pilot’s instructions are not followed, the pilot may exclude the passenger from the flight operation. In case of non-compliance, the claim for a refund will be rejected. The passenger is liable for personal injuries resulting from non-compliance with the pilot’s instructions. The passenger is liable for intentional or grossly negligent damages to equipment, pilots, or third parties caused by the passenger.
Payment: It is the responsibility of the passenger to pay either through verbal confirmation, booking via the website, or in cash on-site. The flight fee and any ordered options are payable in full without deduction. When booking a passenger flight (by order or verbally), the fee is payable immediately online through the payment system. For last-minute bookings, it is possible to pay the fee in cash before the flight.
The booking will be confirmed by Flyfreak Paragliding in writing, by phone, or via email. If a gift voucher is booked, it will be promptly sent to the customer. In case of non-appearance at the designated meeting point, the full fee will be due. Gift vouchers expire 24 months after the date of issue. Claims for refunds or extensions of the gift voucher period by the participant are no longer valid after 2 years.
Cancellation by the Passenger: You have the right to cancel your contract within 14 days of receiving the gift voucher without giving any reasons, in written form (e.g., letter, email) or by returning the gift voucher. A later cancellation is not possible. To meet the cancellation deadline, it is sufficient to send the cancellation or the gift voucher in a timely manner. You bear the cost of returning the gift voucher.
The right of cancellation does not apply if the gift voucher has already been redeemed. At the same time, it is possible to transfer paid services to another beneficiary.
There is no entitlement to compensation, refund of flight fees, or reimbursement of any expenses in case of delay or late delivery. Flight bookings and reservations are binding and can only be canceled up to 24 hours before the scheduled date. If the passenger fails to appear at the agreed-upon time without notifying the pilot or is under the influence of alcohol or drugs, a compensation fee of CHF 200 will be charged to the passenger for the pilot. If the participant interrupts or leaves the activity prematurely, no refund will be granted. All additional costs are borne by the participant.
Agreed Appointments / Weather: Paragliding flights are weather-dependent. On the evening before the flight day, passengers must call or message Flyfreak Paragliding at +41765822222 via WhatsApp between 6:00 PM and 8:00 PM to find out the exact meeting point. If the weather is not suitable for flying, the flight must be rescheduled.
We explicitly state that even with fixed appointments, there is no entitlement to a flight if weather conditions do not allow it.
The flight area will be determined by Flyfreak Paragliding or the tandem pilot, depending on the weather conditions. The details of the flight will be determined by the tandem pilot. The duration of the passenger flight depends on the weather conditions. The pilot is always responsible for conducting the flight. The pilot is authorized to cancel the flight if they deem the passenger unsuitable or if they consider the external conditions (weather, wind, terrain, equipment) unsuitable. The passenger confirms that their participation is driven by a personal interest in getting acquainted with the sport of paragliding.
Liability & Insurance: Paragliding is considered a low-risk sport in Switzerland, but accidents (e.g., tripping during takeoff) cannot be completely ruled out. Participants are responsible for their own accident insurance. The mandatory accident insurance for Swiss employees provides sufficient coverage. The passenger participates at their own risk. In relation to our tandem flight service, we are only liable for damages caused by gross negligence and/or intent on our part. To the extent permitted by law, passengers release the tandem pilots from any liability beyond existing insurance coverage. The liability insurance of our pilots covers up to CHF 5 million. If Flyfreak Paragliding delegates the execution to a partner company, it is not liable for their actions and omissions. In particular, flyfreak.ch is not liable for damages resulting from actions or omissions of the pilot that are not related to the contractually agreed-upon service. Flyfreak Paragliding is not liable for damages caused by third-party actions, other participants, force majeure, natural events, official orders, etc., or for damages resulting from delayed return. If a participant fails to follow the instructions of the organizer or pilot, etc., any liability on the part of the organizer is waived.
Data Protection
The customer agrees that their data will be electronically processed and stored by Flyfreak Paragliding within the scope of the contractual relationship. The data will not be disclosed to unauthorized third parties. The customer is advised that, according to the current state of technology, it cannot be completely ruled out that unauthorized individuals may gain access to the transmitted data during the transmission process on the internet. The provider will destroy the personal data of the customers upon written request from the customers after the duration of the service. Our complete privacy policy is available online.
Copyrights
Flyfreak Paragliding reserves the right to use photo, audio, and video material created during an event (e.g., for marketing, instructional materials, etc.) for its own purposes at any time. Customers agree to the use of these images, videos, and their commercial use and under no circumstances claim compensation. Flyfreak Paragliding reserves all rights to the website Flyfreak.ch. It is prohibited to download, electronically store, process, or sell the content or any part of the website without the written consent of the provider. Flyfreak Paragliding assumes no responsibility for the accuracy of the information provided on the website flyfreak.ch and for any typographical errors.
Final Provisions
If individual provisions of the terms and conditions are ineffective, the effectiveness of the remaining provisions shall not be affected. Swiss law shall exclusively apply. To avoid any doubts, US law/Canadian law shall not apply. The parties agree on the exclusive place of jurisdiction in the canton of Aargau.
The tandem company Flyfreak Paragliding wishes you wonderful flight experiences and happy landings!
