General terms and conditions

1. General

GetAdventure GmbH specializes in tandem paragliding flights and the training and continuing education of paraglider pilots in Central Switzerland. As a rule, it delegates the organization and execution of tandem paragliding flights as well as training and continuing education (hereinafter referred to as the “Activity”) to qualified third parties, i.e., independently operating, licensed paraglider pilots. The third parties engaged for the organization and execution of the Activity shall hereinafter be referred to as “Executing Organizers”.

2. Conclusion of contract

A binding contract is established between the customer and GetAdventure GmbH upon the customer making a booking in writing, by telephone, in person, or electronically, which may be done directly with GetAdventure GmbH or via an intermediary platform. By booking, the customer acknowledges these General Terms and Conditions as an integral part of the contract between themselves and GetAdventure GmbH.

3. Subject Matter of the Contract

GetAdventure GmbH undertakes to provide the service booked by the customer in accordance with its advertisement – usually through the Executing Organizer. The customer undertakes to pay the contractually agreed price to GetAdventure GmbH. Short-term extensions of services are possible at the customer’s request and by agreement with the Executing Organizer. Any additional costs arising therefrom shall be borne by the customer and paid directly to the Executing Organizer, provided that advance payment to GetAdventure GmbH is no longer possible due to time constraints.

4. Prices

The prices listed on the website are per person in Swiss Francs (CHF) and include the statutory value-added tax (VAT). The right to change prices is expressly reserved. Payments (in cash) made in foreign currencies will be adjusted to the current daily exchange rate.

5. Vouchers

Vouchers issued by GetAdventure GmbH are valid for two years from the date of issue, unless otherwise specified on the voucher. They are transferable but cannot be redeemed for cash.

The voucher must be presented at the time of booking or, at the latest, prior to the execution of the Activity, or redeemed using the corresponding voucher code. Prices remain subject to change. If the value of the voucher is insufficient for the requested service at the time of redemption, the customer must pay the difference. If the price of the selected service is lower than the voucher value, there is no entitlement to a cash refund of the remaining balance. Remaining balances will remain on the partially redeemed voucher and can be used for further bookings within the validity period.

GetAdventure GmbH assumes no liability for the loss, theft, or misuse of a voucher. If an appointment booked with a voucher is canceled by GetAdventure GmbH or the Executing Organizer due to weather, safety, or organizational reasons, the voucher remains valid and an alternative date will be arranged where possible.

6. Cancellation or Contract Amendment by the Customer

Cancellations or amendments to the contract by the customer must be made in writing. The time at which the cancellation is received by GetAdventure GmbH is decisive for the calculation of any cancellation costs. Documents already received, such as vouchers and tickets, must be returned.
In the event of a full cancellation, the customer will be invoiced for the following proportions of the total costs of the booked event:

For group reservations (5 or more participants):

• 14 – 8 days prior to the Activity: 30%
• 7 days – 25 hours prior to the Activity: 75%
• 24 hours prior to the Activity or in case of non-appearance (no-show): 100%

For individuals (up to 4 participants):

• From 48 hours prior to the Activity: 100%

If the customer arrives late or leaves the event prematurely, there is no entitlement to a refund. Any additional costs incurred due to late arrival, early departure, or postponement of the event shall be borne by the customer.

For third-party services such as transport services, catering, etc., the cancellation conditions of the respective service providers apply. Any costs incurred in this regard may be invoiced additionally.

7. Cancellation or Contract Amendments by the Executing Organizer

The booked event may be canceled by the Executing Organizer at short notice if participants, through their behavior, omissions, or other actions, give cause to believe that the fulfillment of the contract is endangered or rendered impossible. In this case, the cancellation costs according to Section 6 shall apply.

If an event or parts thereof cannot be carried out due to force majeure, in particular due to unsafe weather and natural conditions and associated safety concerns on the part of the Executing Organizer, as well as due to official measures (e.g., airspace restrictions), strikes, short-term operational disruptions (e.g., of mountain railways), or other reasons, the Executing Organizer is entitled to cancel or terminate the event, even at short notice.

Payments made will be refunded, less the costs of services and expenses already utilized (e.g., for mountain railways). It should be noted that a hazard-free execution is in the interest of everyone. Decisions made by the Executing Organizer are final. The right to make amendments to the event, in particular short-term changes to the event location, is expressly reserved. The Executing Organizer will endeavor to find an alternative date or an equivalent replacement service.

8. Conditions of Participation, Obligations of Participants to Cooperate

Paragliding does not require special fitness, but good health is a prerequisite. Participants undertake to inform GetAdventure GmbH as well as the Executing Organizer of any health problems. Under no circumstances may participants be under the influence of drugs or alcohol, or take medication that limits their capacity to judge or act. Medical consultation may be advisable in the case of the following health conditions: pregnancy, high blood pressure, heart complaints, epilepsy, increased risk in the cardiovascular system, damage to the musculoskeletal system, neurological complaints, or chronic ear diseases with balance disorders. In any case, the Activity takes place at the participant’s own risk in these circumstances.

Minor participants require the consent of a legal guardian. If the guardian is not present at the time the Activity is carried out, written consent must be provided before the start of the Activity. Without such consent, participation may be denied; in this case, the cancellation provisions according to Section 6 apply.

The participant undertakes to fulfill the conditions of participation and to strictly follow the instructions of GetAdventure GmbH and the Executing Organizer. In the event of non-fulfillment of the conditions of participation or failure to follow instructions, the participant may be excluded from the Activity. In the event of exclusion prior to the start of the Activity, the cancellation provisions according to Section 6 of these GTC shall apply; after the Activity has commenced, refunds are excluded.

9. Image and Video Material

Photos and videos produced during passenger flights by the Executing Organizers are the copyrighted property of the Executing Organizers and GetAdventure GmbH. GetAdventure GmbH is entitled to store this image and video material (backup) and to use it for advertising and marketing purposes, even if the customer is recognizable on it, without incurring any costs for GetAdventure GmbH towards the customer. If the customer does not agree to this, they must inform the Executing Organizer in writing before or after the Activity. In this case, no backup of the recordings will be created either.

10. Insurance

Participants are insured neither by GetAdventure GmbH nor by the Executing Organizer. Each participant is personally responsible for ensuring sufficient health and accident insurance coverage (including sports accidents, specifically hang-gliding/paragliding accidents) and for obtaining property and cancellation insurance.

The participant is aware that participating in a paragliding flight involves risks. Since, for example, the landing gear of a paraglider corresponds to the legs of the pilot and passenger, injuries may occur during hard landings or aborted take-offs. Furthermore, the risk of sudden, unpredictable weather conditions (specifically wind) cannot be ruled out.

The Executing Organizer has concluded professional liability insurance with a maximum coverage amount of CHF 5,000,000.

Some, but not all, Executing Organizers hold additional, non-obligatory accident insurance for the benefit of the passenger, with a scope of validity limited to Switzerland and a maximum coverage amount of CHF 100,000 for medical expenses. Benefits from this accident insurance can be claimed after the benefits of any existing accident insurance of the passenger have been fully exhausted. The passenger must inform GetAdventure GmbH during the booking process (in the comments text field for online bookings) if they request an Executing Organizer who holds additional accident insurance for the benefit of the passenger. Otherwise, it will be assumed that it is immaterial to the passenger whether the Executing Organizer holds additional accident insurance for their benefit. In this case, the passenger cannot derive or assert any claims against GetAdventure GmbH or the Executing Organizer based on the absence of such additional accident insurance.

11. Complaints

Should the customer have cause for complaint or suffer damage, this must be reported immediately in writing to the Executing Organizer and acknowledged by them. However, the Executing Organizer is not authorized to acknowledge claims, and therefore such an acknowledgment does not have the effect of an admission of liability.

The Executing Organizer will endeavor to remedy the situation within the scope of the event where possible. If no or insufficient remedy is provided, or if the customer wishes to assert claims for damages, the claims must be submitted to GetAdventure GmbH immediately after the contractual end of the Activity, and at the latest within 7 days.

The complaint must be accompanied by the acknowledgment from the Executing Organizer and any available evidence. In the event of a delayed or omitted complaint during the Activity, or a late submission of the claim to GetAdventure GmbH, all claims shall be forfeited.

12. Liability

The customer is aware that GetAdventure GmbH delegates the organization and execution of the booked Activity to an independent third party (= Executing Organizer) and expressly agrees to this. The sole exception to this is the organization/execution of the booked Activity by Mr. Marcel Schmid, Owner and Managing Director of GetAdventure GmbH.

GetAdventure GmbH and the organizers commissioned by it are furthermore entitled to engage auxiliary staff to provide the services. Claims for damages are excluded unless the damage was caused by intent or gross negligence. This limitation of liability applies both to the benefit of GetAdventure GmbH and to the benefit of the rightfully engaged organizers and any auxiliary staff.

In particular, GetAdventure GmbH, the Executing Organizers, and their auxiliary staff shall not be liable for damages that are not related to the provision of contractually agreed services, or that arise due to the actions of third parties, other participants, the participant themselves, natural events, force majeure, official orders, etc., or due to a delayed return home. If a participant fails to follow the instructions of the Executing Organizer, any liability on the part of the Executing Organizer is voided.

If GetAdventure GmbH rightfully delegates the execution of the Activity to the Executing Organizer (as is standard practice), it shall not be liable for the acts or omissions of the Executing Organizer. In this case, GetAdventure GmbH is only liable to the customer for the contractually agreed diligence in selecting and instructing the organizer.

13. Data Protection

The provisions of the Swiss Data Protection Act shall apply. Stored data will not be made accessible to third parties. GetAdventure GmbH does not store credit card data. The customer agrees to the processing of their data within the company. The customer is obliged to treat their access data confidentially and not to pass it on to third parties. GetAdventure GmbH assumes no responsibility for any consequences arising to the customer from the misuse of their access data.

14. Place of Jurisdiction and Applicable Law

This contractual relationship shall be governed exclusively by Swiss law, to the exclusion of international agreements. Passengers from the USA or Canada expressly waive any place of jurisdiction in the USA or Canada in the event of any disputes arising from the passenger flight and acknowledge that neither GetAdventure GmbH nor the Executing Organizer will submit to a place of jurisdiction in the USA or Canada.

For all disputes arising from the contract regarding the passenger flight, the ordinary courts at the registered seat of GetAdventure GmbH or the Executing Organizer shall have jurisdiction. In the event of any conflict, discrepancy, or contradiction between the English translation of these General Terms and Conditions (GTC) and the German original version, the German version shall prevail.

15. Severability Clause

Should one or more provisions of these GTC be or become invalid and/or incomplete, a legally valid provision that comes closest in its effectiveness to the invalid and/or incomplete provision shall replace the invalid and/or incomplete provision. The invalidity and/or incompleteness of one provision shall not affect the validity of the remaining provisions.