General Terms and Conditions and legal stuff for Cloud 9 tandems and contracted pilots.
- General
- Formation of Contract
- Payment
- Prices
- Cancellation Conditions
- Cancellation of Cloud 9 tandems bookings by the Customer
- Cancellation of Cloud 9 tandems bookings by Cloud 9 tandems or contracted pilot
- Program
- Pilots
- Photos and videos
- Conditions of Participation and Obligations of the Participants to Co-operate
- Limitation of Liability
- Accident Insurance
- Complaints
- Applicable Law and Court of Jurisdiction
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General
Cloud 9 tandems offer’s passenger paragliding flights in Zermatt.
The activity of Cloud 9 tandems is limited to arranging such flights, possibly to other services and collecting the flight price. The passenger flights are carried out by self-employed pilots.
The actual contract of carriage is concluded directly between the pilot and the passenger.
These general terms and conditions apply to the contract of carriage. The General Terms and Conditions (GTC) can be viewed on the website homepage of Cloud 9 tandems.com
The passenger confirms when making a booking to have read, understood and agreed to the GTC of Cloud 9 tandems.
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Formation of the Contract
The contract between the parties comes into effect when the passenger makes a binding booking. This may take the form of a telephone call, hotel concierge call, or any other form of contact. If the individual provisions of these GTC should be void or ineffective in whole or in part, the validity and effectiveness of the remaining provisions shall remain unaffected.
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Payment
The payment is made by a twint payment, a bank transfer, a cash payment, a payment link or with a credit card by the customer. Cloud 9 tandems can process the payment anytime thereafter.
The payment must be made in advance of the flight as to validate the booking. The payment legally binds the customer to his contract with Cloud 9 tandems or the contracted pilot.
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Prices
All prices are in Swiss Francs. Cloud 9 tandems has the right to change the prices at any time.
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Cancellation Conditions
5.1 Cancellation of Cloud 9 tandems bookings by the Customer
Any cancellations of Cloud 9 tandems bookings must be made in writing and shall only be legally valid after Cloud 9 tandems has been consulted and agreed.
In the event of a Cloud 9 tandems booking being cancelled by the customer, even if the service could be provided, the following rules apply:
Cancellation for each passenger made later than 24 hours prior to flight time: No refund
Cancellation for each passenger made earlier than 24 hours prior to flight time: 100% refund
a 10chf cancellation charge will be kept by Cloud 9 tandems from all bookings cancelled by the passenger when the booking was paid by credit/debit card or bank transfer.
Passengers who arrive late or fail to appear at the agreed meeting place will lose their booking and payment.
5.2 Cancellation of Cloud 9 tandems bookings by Cloud 9 tandems
Cloud 9 tandems reserve’s the right to cancel or change reservations for many reasons, including but not limited to: safety, weather conditions and/or operational requirements.
In the event of a cancellation by Cloud 9 tandems the booking shall be either rescheduled or fully refunded, with no cancellation charge.
Whatever cancellation condition Cloud 9 tandems will not refund any other costs but the flight cost, no refund for transport tickets, etc.….
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Program
Cloud 9 tandems reserve’s the right to change the takeoff location at any time due to safety, weather conditions, or other reasons which may prevent access to a particular takeoff on the day of the flight, including, but not limited to;
- Snow conditions
- Heli operations
- Wind direction and or strength
- Construction works
- Limited lift operations or breakdowns
If the flight is changed to a lower takeoff / shorter flight time, then the appropriate refund on flight price difference will be given after the flight.
For safety reasons, the pilot reserves the right to change the landing area at any time.
Flight duration may vary for many reasons including, but not limited to; weather, wind, safety & passenger requirements.
Flight times for all options given in our website, or other forms of advertising are approximate. A definitive amount of air time is not guaranteed. If a flight is shortened for any reason, there is no refund of the flight fee.
It is the pilot’s decision to cancel a flight due to weather, not the passengers. Cloud 9 tandems does not guarantee sunny weather conditions, i.e. if wind and visibility allow for a safe flight, then the flight will take place. There will be no refund given if passengers wish to cancel as they are unsatisfied with the weather conditions.
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Pilots and gear
Cloud 9 tandems and contracted pilots are in possession of the necessary official Swiss tandem license to fly passengers commercially and the necessary passenger liability insurances to offer commercial paragliding tandem flights.
All pilots at Cloud 9 tandems are self-employed.
The pilot is in command of the tandem paraglider and the passenger is obliged to follow their instructions. The paraglider used is suitable for passenger flights and is properly maintained.
The pilot carries a rescue device (emergency parachute) for his passenger and himself.
If the pilot decides to cancel the flight on takeoff (despite otherwise safe takeoff conditions), due to the unsafe behavior of the passenger, including but not limited to: failing to run when required, sitting before being told to, drunk, rude, aggressive, etc the passenger will still be charged for the flight.
The pilot has the final decision to fly or not, on take-off, for any reasons.
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Photos and videos
The pilot will automatically do photos and videos of your flying experience unless you ask him specifically not to. This is not included in the flight price and can be purchased at the time of booking or after the flight on the landing area.
During the flight, passenger’s mobile phones, selfie sticks or cameras are not allowed due to the risk of dropping them. These may be used before and after your flight.
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Conditions of Participation and Obligations of the Participants
The passenger confirms that they do not suffer from any health problems (mental or physical) that could affect the safe performance of a passenger flight with a paraglider.
In case of doubt, they shall inform Cloud 9 tandems at the latest during the booking process.
In such a case, a joint decision should be made as to whether the passenger flight can be carried out. The final decision rests with the pilot.
The passenger undertakes to wear suitable sturdy shoes that they will bring with them
(they can be rented in any of the sport shops in Zermatt if you do not have a pair of your own) a helmet, gloves and a fly suit will be provided by the pilot. The passenger will also wear suitable clothing appropriate for the time of year and bring a pair of sunglasses.
Participants must under no circumstances be under the influence of drugs or alcohol. If you are taking any heavy medication please inform us at the time of booking.
Passengers under 16 years of age, or intellectually disabled passengers require the consent of a holder of parental authority or a legal representative. If such a person is not on site when the flight is being carried out, a written declaration of consent must be presented to the pilot in advance of the flight.
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Limitation of Liability
The passenger is aware that participation in a paragliding flight can involve risks.
Since the landing gear of paragliders, for example, corresponds to the legs of the pilot and passenger, injuries can occur in the event of hard landings or aborted take-offs.
In addition, the risk of sudden, unforeseeable wind influences cannot be ruled out.
The liability of Cloud 9 tandems or the contracted pilot for bodily injury and property damage incurred by the passenger during a paragliding flight is expressly excluded. In the event that an exclusion of liability should not be possible for legal reasons, the pilot has taken out liability insurance with a maximum coverage of CHF 5,000,000. – In such cases, the liability of the pilot is limited to a maximum of this amount.
If a participant fails to follow the instructions and guidelines of their pilot or Cloud 9 tandems, both Cloud 9 tandems and the Pilot shall be released from any liability whatsoever.
Cloud 9 tandems shall not be liable for any losses arising from acts or omissions of the pilot or any other third party, which are not related to the provision of services agreed to in the contract; or losses arising from third-party acts, or acts of other participants or in fact the participant themselves (see section 8) or from an act of God, natural disasters, official directives etc., or returning late from the activity.
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Accident Insurance
The pilot has taken out accident insurance for the passenger with a scope limited to Switzerland and with a maximum amount of cover of CHF 100,000. – . Benefits from this accident insurance can be claimed after the benefits of any existing accident insurance of the passenger has been fully exhausted. The pilot is only liable for claims arising from the consequences of an accident within the scope of the insured benefits and only up to the insured limit of cover.
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Complaints
Should the customer have cause for complaint or suffer a loss, Cloud 9 tandems must be immediately notified in writing and confirm to the customer receipt of the complaint.
However, neither Cloud 9 tandems nor the pilot is entitled to allow any claims; therefore, such confirmation does not constitute an acknowledgement of culpability.
Cloud 9 tandems shall endeavor to find a remedy within the scope of the event and within the realms of possibility. If no or insufficient remedy is found, or if the customer wishes to claim for damages, such claims must be submitted in writing within two (2) weeks of completion of the activity, addressed to Cloud 9 tandems.
The confirmation by Cloud 9 tandems and any evidence must be included with the complaint. If a complaint is made late or no complaint is made at all during the activity, or if the respective claim is submitted late to Cloud 9 tandems, all arising claims shall be forfeited.
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Applicable Law and Court of Jurisdiction
The contractual relationship shall be governed solely by Swiss Law, to the exclusion of any international treaties. The parties shall agree upon Geneva for its legal jurisdiction (For juridique) as the exclusive court of jurisdiction. However, Cloud 9 tandems shall, at its own option, be entitled to assert its claims at the customer’s place of residence or domicile.
Passengers from the USA or Canada expressly waive jurisdiction in the USA or Canada for any disputes arising out of the passenger flight and acknowledge that neither Cloud 9 tandems nor the pilot agree to jurisdiction in the USA or Canada.
Should any of the provisions of these General Terms and Conditions be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced with a valid provision that comes closest to the intended purpose of the invalid and/or incomplete provision.
Such an invalid and/or incomplete provision shall not affect the validity of the other provisions.
If there is any conflict or inconsistency between different language versions of these General Terms and Conditions, English shall be the governing and prevailing version.