Fly-Xperience Sàrl offers two-seater glider and paraglider flights. The flights are performed by employed or commissioned pilots.
However, the contractual relationship exists between the passenger and the company Fly-Xperience Sàrl. By signing or otherwise, the passenger confirms that he has read, understood and accepted these T&Cs. 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 reservation 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.
2.1 Pilot and aircraft
The pilot in charge of carrying out the flight with the passenger is in possession of the necessary official authorization. All Fly-Xperience Sàrl pilots have completed training validated by the FSVL / OFAC.
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.
3.1 Cancellation or modification of the service
Fly-Xperience Sàrl reserves the right to cancel or modify the service at any time for security reasons or unfavorable weather.
4.1 Condition of Carriage
Carriage under this passenger ticket is NOT subject to the liability provisions of the Air Transport Ordinance of 17.08.2005. With the issuance or non-issuance of the passenger ticket, the liability of the pilot respectively of the contractual partner towards the passengers is contractually limited to CHF 5’000’000.- in the event of death or bodily injury and to CHF 5000.- in case of loss or deterioration of transported objects.
The benefits paid to the beneficiaries of damages, on the basis of the accident insurance for passengers concluded by the pilot or the holder of the aircraft, are set off against all payments by way of damages on the basis of RC claims.
5.1 Payment and vouchers
The prices in Swiss francs for the service appear on the Fly-Xperience Sàrl website. Any payment in other currencies will be calculated according to the daily rate.
The “student” and “child” rates will be applied during the final payment.
5.2 Terms of Payment
A deposit may be requested and full payment for the service must be paid once the activity has been carried out.
Customers are responsible for ensuring that the voucher in their possession is valid at Fly-Xperience Sàrl and not at another company.
Only gift vouchers issued by Fly-Xperience and its partners are accepted. The customer presenting a voucher from another company will have to pay for the activity at its full price.
6.1 Cancellation by the passenger
A cancellation is only valid in written form no later than 48 hours before the appointment. It will only be taken into account upon receipt by Fly-Xperience Sàrl. In the event of no-show or last-minute cancellation at the meeting, 120.- CHF per participant will be charged as compensation.
6.2 Late arrival by the customer
Participant(s) arriving more than 30 minutes late will not be able to take the flight and will nevertheless be charged an amount of CHF 120.- as compensation. You are responsible for a late arrival regardless of your will and can in no way claim reimbursement of the price of the chosen service, even if it has already been paid.
7.1 T&Cs for gift vouchers
The voucher(s) will be sent to you at the delivery address within 2 working days.
You have a right of return of 7 days from the order placed. To exercise this right, you must return the voucher(s) with the invoice to the sender’s address. If the voucher(s) is not returned, it will be considered acquired, and therefore the amount will be due regardless.
Under no circumstances will Fly-Xperience reimburse the voucher(s) returned after the right of return period.
7.2 Payment of gift vouchers
The gift voucher is payable within 20 days of receipt by the customer or directly online when ordering.
It must be paid before the day of the flight. This ticket also serves as a receipt
1 reminder before possibly initiating legal procedures, all costs incurred by late payment will be borne by the customer.
7.3 Use of the gift voucher
The user of the gift voucher must book on the Fly-Xperience.com website. The gift voucher is valid as a means of payment to the service provider during the activity. The gift voucher cannot be exchanged for cash.
The gift voucher is not nominative.
7.4 Validity / Expiry
The gift voucher is valid for 2 years from the date of issue of the voucher, it can be extended, but for a maximum of 5 years, after this period, the gift voucher will be considered executed, and in no case reimbursed.
In the event of an increase in the price of the activity during the extension, the user of the gift voucher will have to pay the difference during the activity.
8.1 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 Fly-Xperience 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.).
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 the company Fly-Xperience 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 Fly-Xperience Sàrl / the pilot has concluded a civil liability insurance in the amount of CHF 3 million in such a case, the liability of the company Fly-Xperience Sàrl / of the pilot is limited to this sum.
10.1 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 the company .Fly-Xperience Sàrl. The payment of the representative validates the authorization of the flight.
11.1 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.
12.1 Passenger insurance in the event of an accident
Each participant must have valid accident insurance.
If this is not the case, he must inform the Fly-Xperience company, which will present an alternative.
The passenger confirms that he is insured against the consequences of an accident (even during a glider flight). Accident insurance is not covered by Fly-Xperience Sàrl / the pilot.
13.1 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.
The photos and videos taken by Fly-Xperience Sàrl during paragliding flights are the property of Fly-Xperience Sàrl and has the right to use these images and videos for advertising and promotional purposes, even if the customer can be identified in them. , without Fly-Xperience Sàrl incurring any costs for the customer.
All complaints and requests for compensation must be sent to Fly-Xperience in writing by registered mail within 10 days after the end of the service.
15.1 Jurisdiction for passengers 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 Fly-Xperience Sàrl nor the pilot will accept a jurisdiction in the USA or Canada.
16.1 Ordinary forum and applicable law
Only the ordinary courts of the headquarters of the company Fly-Xperience Sàrl are authorized
for any dispute arising from the contract concluded for the tandem flight. Only Swiss law is applicable. The place of jurisdiction is in Vevey.
Route du Pre-au-Comte 8 CH-1844 Villeneuve VD
General conditions of sale drawn up on April 7, 2023