Business Terms and Conditions HB-Adventure Switzerland
The parties referred to in these Terms and Conditions shall be as follows: (i) HB – Adventure Switzerland AG, CH 8037 Zurich ('The Company') - Supplier of Services (ii) The Acceptor of the said Services. ('The Contracting Party')
(iii) The Receiver of the said Services. ('The Guests')
(iv) Persons acting as Servant or Agents for The Company. ('The Servant or Agent')
In entering into an agreement with The Company for the supply of services, The Contracting Party and each and every Guest agree to be bound by all the conditions exemptions and provision herein contained.
1. It is hereby expressly agreed that each and every Servant or Agent of The Company (including every Independent Contractor from time to time employed by The Company) shall take the benefit of every exemption and limitation herein contained and every exemption from liability, defence and immunity of whatsoever nature applicable to The Company or to which The Company is entitled here under shall also be available and shall extend to protect every such Servant or Agent of The Company. The Company is or shall be deemed to be acting as Agent or Trustee on behalf of and for the benefit of all persons who are or might be its Servants or Agents from time to time (including Independent Contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract evidenced by this agreement.
2. THE CONTRACT PRICE
The Contracting Party agrees to pay a booking deposit of 30 % of total invoice value at the time of booking. A second deposit of 70 % of total invoice value at least 30 days weeks prior to the event. In case the booking is less than 30 days prior to the event, full payment is required. Any remaining balance and charges for extras incurred during the event will be invoiced after the event and are due for payment not later than 10 days from the invoice date.
For individual guests and small groups (less than 6 persons) a booking fee of EURO 40.00 / CHF 60.00 will be charged. A booking fee will also occur in change of changes to be made after event confirmation.
3. The Company will only accept a booking upon receipt of written confirmation, by either letter, e-mail or fax, and once this is received a contract shall be deemed to have been made. Until the booking deposit is paid, the Company shall be free to offer the date in question to other interested parties.
4. If for any reason the Contracting Party cancels the booking, the booking deposit of 30% of total invoice value will be forfeited. If for any reason the Contracting Party cancels the booking within two weeks prior to the event date, the Contracting Party shall be liable to pay 80% of the price contracted for. If for any reason the Contracting Party cancels the booking between 1 and 14 days prior to the event date, the Contracting Party shall be liable to pay 100% of the price contracted for.
5. If for any reason the Contracting Party reduces the number of Guests that he has contracted on behalf of 14 days or more prior to the event date, the Contracting Party will be liable to pay 80% of the full list price attributable to each such Guest by way of cancellation charge. If for any reason the Contracting Party reduces the number of guests that he has contracted on behalf of within 14 days of the event date the Contracting Party shall be liable to pay 100% of the price contracted for.
THE COMPANY'S AUTHORITY
6. The Contracting Party and each and every Guest agree to abide and comply with any request or order made by or on the Company's behalf on the grounds of safety, whether it be the safety of the Contracting Party, the Guest or some other person, or on any other grounds.
7. The Contracting Party and each and every Guest agree that the opinion of the Company or it's Servants or Agents is final in regard to any matters appertaining to safety i.e. If in the opinion of the Company, it's Servants or Agents, the Contracting Party or Guest is behaving dangerously or is acting in a manner which would or may, in the opinion of the Company, it's Servants or Agents, lead to a disruption of the services at the contracted event, the Contracting Party or Guest will, at the request or order of the Company, it's Servants or Agents leave the event for the rest of the day contracted for, without the Company, it's Servants or Agents, encountering any liability.
LIABILITY FOR DAMAGE OR LOSS
8. The Contracting Party accepts liability to pay in full for any damage or loss to the equipment supplied by the Company, arising out of a negligent act or omission of the Contracting Party or Guests.
9. The Contracting Party and each and every Guest agree to limit any claims against the Company to the risks and amounts insured against by the company and agree to observe the terms and conditions thereof. The Contracting Party and each and every Guest at their cost may increase the limit of their insurance cover by prior arrangement with the Company and its insurers.
10. The Company and it's Servants or Agents accept no responsibility in respect of any damage whatsoever, to any property of the Contracting Party or Guests except where such damage is caused by the negligence of the Company, it's Servants or Agents.
11. The Contracting Party and each and every Guest agree to save the Company. It's Servants or Agents, harmless from and to indemnify the Company, it's Servants or Agents against all actions, claims, costs, expenses and demands in respect of death or injury to the Contracting Party or Guests, arising out of or in connection with attendance at the contracted event in circumstances where the company is not at fault.
12. The Company, it's Servant or Agents accept no responsibility for matters outside the Company's control causing the contracted event to be cancelled or altered from the advertised or contracted for programme. The Contracting Party agrees that the Company may change the event contracted for without reduction in price in the instance of weather conditions rendering the original event impractical or dangerous.
13. Any additions or alterations of the terms and conditions of this agreement shall be null and void unless agreed upon in writing by the parties.
Zurich, August 2008 (Revision 2017)
Rolf P. Egg
CEO HB – Adventure Switzerland
Terms and Conditions Flight Operations
1. Flight Packages
All products described on this web site are subject to the terms and conditions of the Flight operator, specifics of which will be provided with detailed quotes for each specific trip requested.
2. Carriage of Passengers
The carriage of passengers by air is subject to Conditions of Carriage of the respective Flight Operator. and all applicable international operating regulations for Switzerland and IATA regulations as they specifically apply to each flight.
3. Liability I
HB - Adventure Switzerland IS NOT AN AIR CARRIER. IF YOU CHOOSE TO CONTRACT FOR A FLIGHT WITH HB - Adventure Switzerland BECAUSE of INFORMATION OBTAINED THROUGH THIS SITE, AN AFFILIATED FLIGHT OPERATOR THAT HAS BEEN PRE-APPROVED BY HB - Adventure Switzerland STANDARDS WILL CONDUCT THE FLIGHT. HB - Adventure Switzerland WILL ACT AS INTERMEDIARY BETWEEN THE CUSTOMER AND THE FLIGHT OPERATOR AND WILL MONITOR ARRANGEMENTS FOR EACH FLIGHT, BUT HB - Adventure Switzerland HAS NO ROLE IN, RESPONSIBILITY FOR, OR LIABILITY FOR THE OPERATION, REGULATION, OR SAFETY OF THE FLIGHT, ALL OF WHICH SHALL RESIDE WITH THE FLIGHT OPERATOR. THE RESPECTIVE FLIGHT OPERATOR WILL BE IN COMPLETE CHARGE AND OPERATIONAL CONTROL OF THE AIRCRAFT AT ALL TIMES.
4. Liablility II
If in the Flight Operator's view, or that of the Pilot In Command, flight safety may be jeopardized, Flight Operator may terminate a flight or refuse to commence it without any consequential or incidental liability which you hereby expressly waive to the Flight Operator or HB - Adventure Switzerland for loss, injury, damage or delay occasioned by such termination or refusal. Neither HB - Adventure Switzerland nor the Flight Operator shall be liable for delay, cancellation or failure to furnish any transportation pursuant to this Agreement when caused by government regulation, law, rule or authority, mechanical difficulty, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or any cause beyond their respective reasonable control.
5. Liability III
In recognition that HB - Adventure Switzerland is not an air carrier and is not operating the flight(s), you agree as follows: AS BETWEEN YOU AND HB - Adventure Switzerland, YOU ASSUME ALL LIABILITY FOR, AND SHALL, AND HEREBY DO, RELEASE, INDEMNIFY, PROTECT, SAVE AND HOLD HARMLESS WORLD CLASS CHARTERS INC AND ITS SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, EMPLOYEES, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, TAXES (EXCLUDING ANY TAXES PAYABLE BY HB - Adventure Switzerland ON OR MEASURED BY ANY COMPENSATION RECEIVED BY HB - Adventure Switzerland FOR ITS SERVICES HEREUNDER), CLAIMS, ACTIONS, SUITS, COSTS, EXPENSES OR DISBURSEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES) OF ANY KIND AND NATURE WHATSOEVER WHICH MAY BE IMPOSED ON, INCURRED BY OR ASSERTED AGAINST HB - Adventure Switzerland IN ANY WAY RELATING TO OR ARISING OUT OF THE MANUFACTURE, OWNERSHIP, POSSESSION, USE, OPERATION, OR CONDITION, OF ANY AIRCRAFT OR COMPONENT PART THEREOF, THE INDEMNITIES CONTAINED IN THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF OUR AGREEMENT.
6. Warsaw Convention
ANY CHARTER CONTRACTED BY CUSTOMER WITH HB - Adventure Switzerland AS A RESULT OF INFORMATION OBTAINED ON THIS WEB SITE SHALL BE SUBJECT TO THE RULES AND CONDITIONS OF THE WARSAW CONVENTION CONCERNING THE TRANSPORTATION BY AIR OF PASSENGERS, BAGGAGE AND CARGO, DATED OCTOBER 12, 1929, AND AS AMENDED SEPTEMBER 28, 1955. Those terms and conditions are available upon written request.
7. Further agreement I
You further agree that you shall not, nor shall you it permit your agents, employees, guests or passengers to engage in any act or possess any substance, or its cargo to possess any substance, which might result in the seizure or forfeiture of the aircraft used in this charter. Customer shall be responsible for all damages incurred due to breach of this paragraph.
8. Further agreement II
You further agree that you shall not, nor shall you permit your agents, employees, guests or passengers to engage in any act, either intentional or through negligence, that would result in damage to chartered aircraft. Should damage occur to aircraft because of said actions, Customer shall be responsible for reimbursement of repair costs for all damages incurred due to breach of this paragraph.