General terms and conditions

1. General

GetAdventure GmbH specialises in passenger paragliding flights in central Switzerland. It delegates the execution of all paragliding flights and other activities to external service providers. As a rule, these are mainly self-employed paraglider pilots. In addition, on a case-by-case basis, activity leaders for other leisure activities, drivers, caterers or catering companies may also be commissioned. All these contractors are hereinafter collectively referred to as the “Organiser”.

GetAdventure GmbH is responsible for arranging the activities, partly for providing the necessary infrastructure, partly for operating the logistics and partly for collecting payments for third parties.

2. Conclusion of contract

With the oral or written booking by the client, which can be made directly with GetAdventure GmbH or via an intermediary platform, a binding contract is concluded between the client and GetAdventure GmbH.

By making a booking, the client acknowledges the General Terms and Conditions as an integral part of the contract between him/her and GetAdventure GmbH.

3. Subject of the contract

GetAdventure GmbH undertakes to provide the service requested by the client within the scope of the online descriptions and/or the order confirmation.

Additional services are possible at the client’s request and after consultation with GetAdventure GmbH. Any additional costs shall be borne by the client.

4. Prices

The prices on the homepage are per person in Swiss francs including VAT. Prices are subject to change without notice.

Prices in foreign currencies will be adjusted to the current exchange rate.

5. Cancellation or amendment of the contract by the customer

Cancellations of contracts must be made in writing. These are only valid after consultation with and agreement from GetAdventure GmbH. Documents already received, such as vouchers and tickets, must be returned.

In the event of a complete cancellation, the client will be charged the following shares of the total costs of the booked event:

For group reservations (from 5 participants):

14 – 8 days before the activity: 30%.
7 days – 25 hours before the activity: 75%.
24 hours before the activity or in case of no-show: 100%

from 36 hours before the activity: 100%.

In the event of late arrival or early departure from the event by the client, 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 client.

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

6. Cancellation or changes to the contract by the organiser

The booked event can also be cancelled at short notice by the organiser or the pilot responsible for the day if participants give cause for the fulfilment of the contract to be endangered or made impossible by their behaviour, omissions or other actions. In this case, the cancellation costs pursuant to clause 5 shall apply.

If an event or parts thereof cannot be carried out as a result of force majeure, in particular due to uncertain weather and natural conditions and associated safety concerns on the part of the organiser, as well as due to official measures, strike, short-term operational disruptions (e.g. with mountain railways) or other reasons, the organiser shall be entitled to cancel or terminate the event, even at short notice.

Payments made will be refunded after deduction of the services and expenses already claimed (e.g. for mountain railways). Please note that a hazard-free event is in everyone’s interest. Decisions of the pilot responsible for the day are final. The organiser expressly reserves the right to make changes to the event, in particular changes to the venue at short notice. The organiser will endeavour to provide an equivalent replacement service.

7. Conditions of Participation, Participants’ Obligations to Cooperate

Paragliding does not require any particular fitness, but good health. Participants undertake to inform GetAdventure GmbH and the organiser of any health problems. Under no circumstances may participants be under the influence of drugs or alcohol or take medication that impairs their ability to judge and act. In the case of the following health conditions, a medical consultation may be advisable: pregnancy, high blood pressure, heart problems, epilepsy, increased risk in the cardiovascular system, damage to the musculoskeletal system, neurological complaints, chronic ear diseases with balance disorders. In any case, the activity takes place at the participant’s risk.

The participant undertakes to comply with the conditions of participation and to strictly follow the instructions of GetAdventure GmbH and the appointed organiser. In the event of failure to comply with the conditions of participation or instructions, the participant may be excluded from the activity. In the event of exclusion before the start of the activity, the cancellation provisions pursuant to Clause 5 shall apply; no refunds shall be made after the start of the activity.

8. Image and video footage

The photos and videos taken during the paragliding flights by GetAdventure GmbH or commissioned organisers are the copyright property of GetAdventure GmbH. GetAdventure GmbH is entitled to store (backup) this photo and video material and to use it for advertising and marketing purposes, even if the client is recognisable on it, without any costs being incurred by GetAdventure GmbH vis-à-vis the client. If the client does not agree to this, he/she shall inform the organiser in writing before or after the activity. In this case, no backup of the recordings will be made.

9. Insurance

Participants are not insured by GetAdventure GmbH. Each participant is responsible for sufficient health and accident insurance cover (including hang gliding accidents), e.g. in the event of an injury on the way to the meeting point or on the joint route with the organiser to the launch site.

The participant is aware that participation in a paragliding flight is associated with risks. For example, as the landing gear on hang gliders is the same as the legs of the pilot and passenger, injuries may occur in the event of hard landings or aborted take-offs. In addition, the risk of sudden, unpredictable wind effects cannot be ruled out.

The pilot carrying out the flight has taken out liability insurance with a maximum cover of CHF 5,000,000. The liability of the pilot for bodily injury and property damage suffered by the passenger during a paragliding flight is limited to a maximum of this amount.

9. Complaints

Should the customer have cause for complaint or suffer damage, this must be immediately communicated in writing to the organiser or pilot responsible for the day and confirmed. However, the pilot responsible for the day is not entitled to acknowledge claims, which is why such confirmation does not have the effect of an acknowledgement of guilt.

The organiser will endeavour to remedy the situation within the framework of the event and the possibilities. If no remedy or insufficient remedy is provided or if the client wishes to assert claims for damages, the claims must be submitted to GetAdventure GmbH immediately after the contractual end of the activity, but within 7 days at the latest.

The complaint must be accompanied by the organiser’s confirmation and any evidence. In the event of late or omitted complaints during the activity or late submission of the claim to GetAdventure GmbH, all claims shall be forfeited.

10. Liability

Claims for damages against GetAdventure GmbH, the organiser commissioned by it (pilot, driving service, caterer, etc.) or their auxiliary persons are excluded, unless the damage was caused by intent or gross negligence. The organiser is entitled to call in auxiliary persons / third parties for the provision of services. If the organiser justifiably transfers the performance to a third party, the organiser shall not be liable for the act or omission of such third party. In particular, the organiser is not liable for damage caused by acts and omissions of the activity leader which are not related to the provision of contractually agreed services, due to the actions of third parties, other participants, the participant himself/herself, natural events, force majeure, official orders, etc. or due to late return home. If a participant does not follow the instructions of the organiser, activity leader, etc., any liability on the part of the organiser shall lapse.

11. Data privacy

The provisions of the Swiss Data Protection Act are applied. The stored data will not be made accessible to third parties. GetAdventure GmbH does not store credit card data. The client agrees to the processing of his/her data within the company. The client is obliged to treat his/her access data confidentially and not to pass them on to third parties. GetAdventure GmbH does not accept any responsibility for any misuse of the client’s access data.

12. Applicable law and place of jurisdiction

The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of international agreements. The parties agree that Kriens shall be the exclusive place of jurisdiction. However, the organiser is also entitled to assert its own claims at its own discretion at the customer’s place of residence or registered office.

Should one or more provisions of these GTC be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced by a legally valid provision that comes as close as possible to the invalid and/or incomplete provision in terms of its effectiveness. The invalidity and/or incompleteness of a provision shall not affect the validity of the other provisions.

Participants from the USA or Canada expressly waive any right to a place of jurisdiction in the USA or Canada and acknowledge that neither GetAdventure GmbH nor the organiser agree to a place of jurisdiction in the USA or Canada.