General conditions of sale (GTC) for tandem flights of the company Twist'air Sàrl
1.1 General
The company Twist’air Sàrl offers two-seater flights in a glider (paraglider). The flights are performed by employed or commissioned pilots. However, the contractual relationship exists between the passenger and the company Twist’air Sàrl.
As soon as the reservation/order has been launched by clicking on the “Send” button (or similar indication), it legally binds the customer, who is then subject, as well as Twist’air Sàrl, to the rights and obligations arising from the contract.
Twist’air Sàrl reserves the right to execute reservations/orders only to the extent of the effective availability of products and services and provided that the reservation/order form is completed completely and truthfully.
The group leader (the one who made the reservation) is required to inform the other participants of the general conditions of sale.
In order to facilitate understanding, passengers are mentioned in the masculine form, but all genders are concerned.
1.2 Conclusion of contract and safeguard clause
The contract between the parties is concluded at the time of the firm booking of the flight by the passenger. In the event that certain provisions of these GCS prove to be partially or entirely null or inapplicable, the validity and effectiveness of the other provisions remain unchanged.
2 Payment and vouchers
No flight ticket is given to the passenger. The name of the contracting parties (the air carrier and the passenger) and the price paid for the flight result from the correspondence relating to the conclusion of the contract. The price of the flight must in any case have been paid in advance in cash, by credit card or online. The delivery, deduction and validity of vouchers are subject to specific agreements.
3.1 Pilot and aircraft
The pilot carrying out the flight with the passenger is in possession of the necessary official authorization. The pilot is the commander of the two-seater glider, and the passenger undertakes to follow his instructions. The glider used, suitable for two-seater flight, is maintained accordingly. The pilot is equipped with an emergency parachute.
3.2 Passenger health and equipment
The passenger certifies that he does not suffer from health problems (of a mental or physical nature) which could have an impact on the safe conduct of a tandem flight with a glider. In case of doubt, he informs the company Twist’air Sàrl or the pilot at the latest when preparing for take-off. In such a case, it is necessary to decide together whether the tandem flight can take place. The final decision is the exclusive responsibility of the pilot. The passenger agrees to wear a suitable helmet, his own or the one made available to him, as well as shoes ensuring good support. The pilot can also give additional instructions (long pants, warm clothes, etc.).
3.3 Disclaimer
The passenger is aware that performing a two-seater flight in a glider involves risks. Under a glider, the legs of the pilot and his passenger constitute the landing gear, for example, which can lead to injuries in the event of a hard landing or aborted takeoff. Furthermore, the risk of a sudden and unpredictable influence of the wind cannot be excluded. The liability of Twist’air Sàrl and the pilot in the event of bodily injury and material damage suffered by the passenger during a glider flight is expressly excluded. In the event that an exclusion of liability was not possible for legal reasons, the company Twist’air Sàrl / the pilot has concluded liability insurance in the amount of CHF 5 Mio. In such a case, the liability of Twist’air Sàrl / the pilot is limited to this amount.
3.4 Passengers who are minors or under guardianship
Passengers who are minors or under guardianship require authorization from the person with parental authority or a legal representative. When such a person is absent when the flight takes place, a written declaration of consent must be presented beforehand to Twist’air Sàrl.
4.1 Date, place where the flight takes place, duration and cancellation by the provider
The dates scheduled for tandem flights are fixed in advance, sometimes at short notice. A fixed date can be modified when weather conditions or organizational reasons so require. The final decision on whether or not to perform a flight is the exclusive responsibility of the pilot. The tandem flight is then postponed to the next available date. When no other date is available and the cancellation of the fixed date is not attributable to the passenger, the latter may demand reimbursement of the price of the flight. The duration of a tandem flight depends on the weather conditions.
4.2 Cancellation by the passenger
When the passenger cancels the flight when it would have been possible to carry it out, the following rules apply in terms of reimbursement of the price of the flight:
A cancellation is only valid in writing or by telephone no later than 48 hours before the appointment. It will only take effect upon receipt by Twist’air Sàrl. In the event of cancellation or no-show at the meeting without having informed Twist’air Sàrl, you will be charged 100.- CHF per participant as compensation.
4.3 Late arrival by the customer
The appointment is fixed 15 minutes before the activity for the check-in. The participant(s) not present within the following 30 minutes cannot therefore make the flight, and as a result will be invoiced at least CHF 100.-/person as compensation. You alone bear the consequences of a late arrival, and can in no way claim reimbursement of the price of the chosen service, even if it has already been paid.
4.4 Premature termination of the service by the customer
If you are forced to interrupt the service prematurely for any personal reason, the price of the service cannot be refunded to you.
4.5 Passenger insurance in the event of an accident
The passenger confirms that he is insured against the consequences of an accident (even during a glider flight). Accident insurance is not covered by Twist’air Sàrl / the pilot.
4.6 Photos and videos
The passenger is authorized to carry a small compact camera (GoPro type). It must then be fixed in a suitable way, and the pilot himself decides on the type of fixing. The use of mobile phones and interchangeable lens devices is prohibited during the flight. The pilot can make an exception to this rule under certain (safety-related) conditions.
5.0 Jurisdiction for passengers arriving from the USA and Canada
In the event of any dispute arising from the tandem flight, passengers from the USA and Canada explicitly waive any jurisdiction in the USA or Canada and have taken note that neither the company Twis’air Sàrl nor the pilot will accept a jurisdiction in the USA or Canada.
6.0 Ordinary forum and applicable law
Only the ordinary courts of the Twist’air Sàrl company’s headquarters are authorized for any dispute arising from the contract concluded for the tandem flight. Only Swiss law is applicable.