FunFlights.ch is a booking Website only, the responsibility of 3rd party insurance is with the partner company directly conducting the helicopter and skydive tour. All purchases of scenic flights and skydiving are subject to the following terms and conditions. By proceeding with your purchase you are agreeing to the following Terms and Conditions. All linked and 3rd party websites advertising on the FunFlights.ch Website are subject to their own terms and conditions. Bookings are subject to our IAA approved regulations. If you do not agree to these terms please re-think your purchase.
1. Contract conclusion
With the verbal or written registration (i.e. the booking from the customers) to FunFlights (the organizer) or one of their businesses can execute, a binding contract exists between the customer and the organizer. Through the booking, the customer acknowledges the general business conditions as part of the contract between himself and the organizer.
2. Object of the agreement
The organizer assumes responsibility for providing the requested service as described in the advertisements and/or in the confirmation order. Service extensions can be considered upon consultation with the organizer. Any extra costs will be borne by the customer.
The effective prices for the offered activities can be drawn from the current advertisements from the organizer. The published prices are quoted per person in Swiss francs and include the statutory value tax. Prices are subject to change.
4. Terms of payment
The booked activities are to be paid before the start of the respective tour as follows:
For bookings made more than 10 days before the start of the activity, a deposit of 25% of the total amount must be paid. The balance must be paid 24 hours before the tour.
For bookings made between 10 days and 48 hours before the start of the activity, a deposit of 50% of the total amount must be paid. The balance must be paid 24 hours before the tour.
For bookings made less than 48 hours before the start of the activity, a deposit of 100% of the total amount must be paid. The total amount will be charged 24 hours before the tour.
In case of late payment, e.g. credit card refusal, the organiser reserves the right not to carry out the activity or to withdraw from the contract. The resulting cancellation costs will be charged to the customer according to section 5. These depend on the booked tour at the time of the cancellation or refusal of the service.
Payment needs to be recorded as paid to FareHarbor, an authorized agent of FunFlights. Subsequently, it is FareHarbor that will appear on the customer’s credit card statement in the case of an online transaction/purchase.
5. Cancellation or Contract Modification by the Customer
Cancellations of contracts must be made in writing. Cancellations are only valid after consultation with the organizer and his confirmation. All documents received (confirmation, vouchers, etc.) must be enclosed and returned at this time.
In case of a complete cancellation by the customer, the contract partner will be charged the following percentages of the tour costs. The customer will receive a voucher for the cancellation amount to be debited:
10 days before the activity: 25%.
6-9 days before the activity: 50%.
1-5 days before the activity: 75%.
24 hours before the activity or in case of no-show: 100%.
For third party providers, the cancellation conditions of the respective provider apply. These possible costs can be charged additionally.
In case of a partial cancellation e.g. reduction of the number of participants, the total price of the tour costs will be charged. The respective tours are calculated independently of the number of passengers taking part. The other participants can take part in the tour normally.
The customer is not entitled to a refund in case of a later start or premature termination of the activity. Additional costs incurred due to a later start, an early start or the postponement of an activity must be paid by the customer. In case of postponement or change of the date of an activity up to 10 days before the start of the tour, the organizer is entitled to charge a handling fee of 10% of the total tour price. Postponements or changes of date less than 10 days before the start of the Tour will be charged according to the above-mentioned cancellation conditions or according to the actual costs incurred.
6. Cancellation or Change of Contract by the Organizer
The organizer reserves the right to withdraw from the contract also on short notice. If the fulfillment of a contract is not possible at another time or if the customer cannot take part in the alternative services offered, any paid fees will be refunded minus charges for services rendered. Further damage claims are not possible. The organizer reserves the right to cancel the program on short notice if participants cause the fulfillment of a contract to be endangered or made impossible by their behavior, their omissions or other actions. In this case the regulation of the cancellation costs applies in accordance with number 5. If a program or parts of a program cannot be carried out due to Acts of God, safety concerns by the organizer, official regulations, strikes or uncertain weather and nature conditions, the organizer reserves the right to cancel or cut short the activities on short notice. Paid fees will be returned minus charges for services rendered, any expenditures and the handling fee. Please note that a danger-free completion of the activity is in everyone’s interest. All decisions made by the pilots or instructors are final. The organizer expressly reserves the right to modify the program. The organizer will strive for an equivalent service replacement.
7. Conditions of Participation, Obligations of the Participant
Good health is necessary in order to take part in all activities. The participants are obligated to inform the organizer of any possible health problems. Under no circumstances may participants take part in the activities while under the influence of alcohol, drugs, psychiatric drugs or any similar substances. The participants are obliged to fulfill the conditions of participation and agree to strictly follow the instructions of the organizer, the pilots, instructors, and assistants. If the Conditions of Participation are not fulfilled or if instructions are disregarded, the organizer reserves the right to prohibit participation.
The participant allows the use of of image- and video material taken/shot by FunFlights for promotional purposes.
The participants are not insured by the organizer. The participants are obliged to insure that they have sufficient health and accident insurance coverage (including sport coverage).
Should the activity lead to appeals or damages, these are to be communicated immediately, in writing, to the organizor (i.e. pilots or instructors), and these are to be confirmed in writing by the responsible pilot or instructor. The pilot or instructor, however, shall not have the right to acknowledge claims, for which reason a confirmation shall not have the effect of an acknowledgement of wrongdoing. The organizer (i.e. pilots or instructors) will make every effort, within the confines of the program and the possibilities available, to remedy the situation. Should the situation be insufficiently remedied or not be remedied, or the participant wishes to make damage claims, these must be received by the organizer within one week of the contractual end of the activity at the booking agency. The participant’s appeal is to be accompanied by the confirmation of the activity provider/activity leader as well as any other relevant evidence. In the case of delayed complaints or complaints with omissions during the activity or delayed submissions of the claims at the booking agency, all appeals will be deemed invalid.
Damage claims against the organizer or the assistants are excluded, as far as the damage was not caused by negligence or intentionally. The organizer is authorized to have assistants or call on third parties to provide valued services. Should the organizer lawfully transfer the execution of the activity to a third party, the organizer shall not be held responsible for the third party’s actions or neglect during execution of the activity. The organizer will especially not be held responsible for damages which are caused by the actions or neglect of the pilots or instructors should this conduct not fall under his/her contracted responsibility; as cause of actions of third parties, other participants, the participant (especially under point 1), acts of God, natural occurrences, official regulations etc.or damages caused by delayed return to the starting point of the activity. Should the participant not follow the instructions of the organizer, pilots, instructors, etc, all liability of the organizer is dropped.
11. Applicable Law and Area of Jurisdiction
Swiss law, excluding international agreement, is exclusively applicable for the contractual relationship. The parties agree that the exclusive legal domicile is Bern. The organizer is however authorized to lodge a claim in the legal domicile of the customer.
Should one or more clauses of these general business conditions be ineffectual and/or incomplete, then the clause that comes closest to the legal rule will replace the ineffectual and/or incomplete clause. The ineffectualness and/or incompleteness of one clause leaves the effectiveness of the other clauses unaffected.