Tandemflug-Pilatus and Paragliding-Pilatus, Owner Samuel Metzger Tandemflüge

1. Introduction

• Samuel Metzger Tandemflüge arranges passenger flights with hang gliders (paragliders).
• The arrangement includes the conclusion of transport contracts between passengers and pilots as well as the processing of payments.
• Samuel Metzger Tandemflüge assumes no liability for the execution of flights, as these are carried out by independent pilots. Any liability for material or personal damages arising from the execution of the flights lies solely with the executing pilot.
• The confirmation of the GTC is made by signature, clicking a checkbox during booking, or by payment of the flight price.
• For better readability, the masculine form is used, but all genders are meant.

Samuel Metzger Tandemflüge can act as an intermediary to arrange passenger flights.

Samuel Metzger Tandemflüge can also act as an executing pilot. In this case, the same provisions apply as for independent pilots.

2. Contract Conclusion

• The contract is concluded with the passenger’s binding booking.
• Severability Clause: Should any provision of these GTC be invalid or ineffective, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by one that comes closest to the economic purpose.

3. Payment Terms and Vouchers

• The flight price must be paid in advance (cash, online, or credit card).
• Vouchers:
  • Validity: 5 years from the issue date (unless otherwise agreed).
  • Transferability: Vouchers can be transferred to third parties.
  • Refunds: Only in cases of force majeure or organizational issues.
  • For no-shows or cancellations, the usual cancellation policies apply.

4. Rights and Obligations of the Pilot

• The pilot possesses the required official permits, insurance, and suitable rescue equipment.
• The pilot is the commander of the tandem hang glider and has the authority to issue instructions.

5. Passenger Health and Equipment

• The passenger must ensure that no health restrictions exist that could impair the safe execution of the flight.
• Mandatory Equipment: A suitable helmet is provided by the pilot. The passenger is responsible for sturdy and appropriate footwear. Additional requirements (e.g., clothing) may be specified by the pilot.
• The passenger commits to fulfilling the participation requirements and strictly following the pilot’s instructions.
• In cases of risks such as pregnancy, high blood pressure, or neurological conditions, a medical consultation is recommended. The passenger also confirms that they will not be under the influence of alcohol or drugs during the activity. Should the passenger violate this rule, the pilot reserves the right to cancel or terminate the flight. In this case, no refund will be provided.

6. Liability and Insurance

• Liability Disclaimer:
  • The passenger acknowledges the risks of hang glider flights (e.g., risk of injury during hard landings or sudden wind influences).
  • The pilot’s liability is limited to CHF 5,000,000.
  • Samuel Metzger Tandemflüge assumes no liability for damages in its role as an intermediary.
• Insurance:
  • The passenger is responsible for their own accident insurance.
  • It is possible to optionally book accident insurance at the time of booking. This contractual relationship is directly with the transport pilot who has taken out the corresponding additional insurance. This insurance is subject to the following conditions: The transport pilot has taken out accident insurance for the passenger with coverage limited to Switzerland and a maximum coverage amount of CHF 100,000. Benefits from this accident insurance can only be claimed after the passenger’s own accident insurance benefits have been fully exhausted. The pilot’s obligation to provide benefits for claims arising from the consequences of an accident exists only within the scope of the insured benefits and only up to the insured coverage limit.

7. Minors and Incapacitated Passengers

• Minors or incapacitated passengers require the consent of a legal guardian.
• If no consent is available on-site, it must be presented in writing beforehand.

8. Schedule, Execution, and Cancellation

• Schedules may change at short notice due to weather or organizational reasons.
• Cancellation by the Organizer:
  • If canceled by the organizer (e.g., weather conditions), an alternative date will be offered.
  • If an alternative date is not possible, 100% of the flight price will be refunded. External costs (e.g., mountain railways) and any credit card fees of up to 3% will be deducted.
• Cancellation by the Passenger:
  • More than 48 hours before the appointment: 95% refund.
  • Between 48 and 36 hours: 50% refund.
  • Less than 36 hours or no-show: No refund.

9. Group Bookings

• Booking: Binding upon written confirmation.
• Payment: Total amount due at least 14 days before the appointment.
• Cancellation Policies:
  • More than 14 days before the appointment: 95% refund.
  • Between 14 and 7 days: 70% refund.
  • Between 7 days and 30 hours: 25% refund.
  • Less than 30 hours before the appointment: No refund.
• Changes in the number of participants must be reported in writing at least 7 days before the appointment. If the reduction is reported later or a person does not show up, 75% of the price for that person will be charged.

10. Photo and Video Recordings

• Compact cameras (e.g., GoPro) are allowed but must be securely attached. During take-off and landing, these devices must be safely stowed to avoid disruptions or safety risks.
• Usage Rights:
  • Photos and videos taken during tandem flights by Samuel Metzger Tandemflüge or commissioned pilots are copyrighted and owned by Samuel Metzger Tandemflüge. Samuel Metzger Tandemflüge is entitled to store this photo and video material (e.g., as a backup) and use it for advertising and marketing purposes, even if the customer is recognizable, without incurring any costs for Samuel Metzger.
  • If the customer disagrees, this must be communicated in writing before or after the activity. In this case, no backup of the recordings will be made.
  • Passengers can object to the use in writing.

11. Jurisdiction and Applicable Law

• Passengers from the USA or Canada waive jurisdiction in these countries.
• The place of jurisdiction for disputes is Obwalden.
• Swiss law applies.