General Terms and Conditions of
GOGREEN GmbH – Joyride Paragliding
GOGREEN GmbH (Joyride Paragliding) assigns the performance of activities partially to other service providers/organizers who shall hereinafter be referred to as ‘organizers’. GOGREEN GMBH (Joyride Paragliding) shall mainly be responsible for procuring the activities as well as, to some extent, for providing the required infrastructure and, to some extent, for handling the logistics and for collecting payments on behalf of third parties.
1. Formation of Contract
The customer’s verbal or written registration or booking with GOGREEN GmbH (Joyride Paragliding) or one of its points of sale shall constitute the formation of a binding contract between the customer and GOGREEN GmbH. By making the booking, the customer accepts these General Terms and Conditions as an integral part of the contract between himself/herself and GOGREEN GmbH.
2. Subject Matter of the Contract
The organizer undertakes to provide the service required by the customer within the scope of the offers and/or the order confirmation. Extended services may be considered upon consultation with the organizer. Any additional costs shall be borne by the customer.
We explicitly reserve the right to change the prices. Any prices stated in foreign currencies shall be adjusted in line with the current daily exchange rate.
4.1. Cancellation or Alteration of Contract by the Customer
Any cancellations of contract must be made in writing and shall only be legally valid after the organizer has been consulted and agreed to them. In doing so, any documents already received (confirmations, tickets, vouchers, etc.) must be included. In the event of a complete cancellation, the customer shall be charged the following proportions of the total costs of the event booked:
4.2. For group reservations (more than 4 participants):
20 – 10 days prior to the activity: 30%
9 – 3 days prior to the activity: 75%
48 hours prior to the activity or non-attendance: 100%
4.3 For individuals (up to 4 participants):
From 48 hours prior to the activity: 100%
If the customer turns up late or leaves the event early, they shall not be entitled to a refund. Any additional costs incurred by turning up late, leaving early or postponing the event shall be borne by the customer.
4.4. Cancellation due to the weather by the organizer
In case of cancellation due to the weather by the organizer, the contracted services will be refunded.
5. Cancellation or Alteration of Contract by the Organizer
Various events require a minimum number of participants. The organizer reserves the right to withdraw from the contract, even at short notice. If the fulfilment of contract at another point in time is not possible, or if the customer is unable to accept the services offered in lieu, any payments already made shall be reimbursed after deduction of any services already utilized. Any further claims for compensation are excluded. The event may be cancelled by the organizer at short notice if the conduct, failure to act or any other acts of the participants give cause for concern that the contract fulfilment is jeopardized or made impossible. In this case, the provisions in section 5 with respect to cancellation fees shall apply. If an event or part thereof cannot be held as a result of an act of God, security concerns on the part of the organizer, official measures, strike, unsafe or uncertain weather conditions, the organizer shall be entitled to cancel or abort the event, even at short notice. Any payments already made shall be reimbursed after deduction of any services already utilized, expenditures and a handling fee. Please note that the safe execution of the event is in the interest of all parties involved. All decisions by the leader of an activity shall be final. We explicitly reserve the right to alter events. The organizer endeavors to provide a substitute of equal value.
6. Conditions of Participation and Obligations of the Participants to Co-operate
All activities require that participants are in good health. The participants undertake to notify the organizer of any health issues they may have. Participants must under no circumstances be under the influence of drugs, alcohol, psychotropic drugs or the like.
The participants undertake to fulfil the conditions of participation and to strictly follow all instructions given by the organizer, the mountain guide or any auxiliary persons. If a participant fails to meet the conditions of participation or to follow the instructions, the organizer may exclude them from the activity.
7. General Insurance
The participants are not insured through the organizer. It shall be the responsibility of each participant to ensure that they have sufficient insurance cover for sickness and accidents (including sports accidents).
Should the customer have cause for a complaint or suffer a loss, this must, in writing, immediately be notified to and confirmed by the leader of the activity or the service provider. However, neither the leader of the activity nor the service provider is entitled to allow any claims; therefore, such confirmation does not constitute an acknowledgement of culpability. The leader of the activity or the service provider shall endeavor to find a remedy within the scope of the event and within the realms of possibility. If no remedy at all or insufficient remedy is found, or if the customer wishes to claim for damages, such claims must be submitted in writing within four (4) weeks of completion of the activity under the contract to the booking office, addressed to the organizer. The confirmation by the leader of the activity or the service provider 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 the booking office, all arising claims shall be forfeited.
9. General Liability
All claims for compensation made against GOGREEN GmbH or the organizer or its auxiliary persons shall be excluded unless the damage was caused by intent or gross negligence. GOGREEN GmbH and the organizer shall be entitled to call in auxiliary persons / third parties to provide the services. If GOGREEN GmbH legitimately assigns the performance to a third party, GOGREEN GmbH shall not be liable for any acts or omissions by said third party. In particular, the organizer shall not be liable for any losses arising from acts or omissions of the leader of the activity, which are not related to the provision of services agreed upon in the contract; or losses arising from third-party acts, or acts of other participants or in fact the participant himself/herself (in particular section 1), or from an act of God, natural disasters, official directives etc., or returning late from the activity.
If a participant fails to follow the instructions of the organizer or the leader of the activity etc., the organizer shall be released from any liability whatsoever.
9.1. Paragliding Liability
The liability of the pilot and/or the contractual partner towards the passenger shall be limited to a maximum of CHF 5 million.
10. 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 Davos GR as the exclusive court of jurisdiction. However, the organizer shall, at its own option, be entitled to assert its claims at the customer’s place of residence or domicile.
In any case, the original German version of the General Terms and Conditions is authoritative and valid.
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.