GTC

eneral Terms and Conditions (GTC) of Change Gravity, Stephan Rammerstorfer

1. General Provisions

The following General Terms and Conditions (GTC) apply to all business relationships between Change Gravity, Stephan Rammerstorfer, and its customers located in Switzerland. These GTC govern the sale of products, the provision of services, including tandem flights, coaching, seminars, training courses, and the delivery of goods. By using our services or purchasing our products, the customer agrees to these GTC. We expressly reserve the right to amend these GTC, which shall apply from the date of publication on our website.

2. Conclusion of Contract

2.1. Customer’s Offer

The contract between Change Gravity and the customer is only concluded after explicit written confirmation by Change Gravity. The customer submits a binding offer through their order or booking, which will be reviewed by Change Gravity. An automatically generated acknowledgment of receipt does not constitute acceptance of the contract.

2.2. Confirmation by Change Gravity

The contract becomes legally binding only when Change Gravity confirms the customer’s offer in writing (e.g., by email). Change Gravity reserves the right to reject orders or bookings without providing reasons.

3. Products and Delivery

3.1. Product Descriptions and Availability

Our product descriptions are prepared to the best of our knowledge. Minor deviations in color, shape, or functionality are possible, provided they do not significantly impair the usability of the product. Product availability is limited and subject to change.

3.2. Delivery

Delivery is made either through a shipping service provider or personal handover. Delivery times are non-binding unless explicitly agreed otherwise. We are not liable for delivery delays caused by force majeure, delays on the part of the shipping provider, or other unforeseen circumstances.

3.3. Shipping Costs

Shipping costs are calculated separately and specified in the order confirmation. These costs are to be borne by the customer unless explicitly agreed otherwise.

3.4. Transfer of Risk

The risk of accidental loss or deterioration of the goods passes to the customer upon handover to the shipping service provider or directly to the customer. The customer must inspect the goods for defects upon receipt and notify us immediately of any issues.

4. Tandem Flights, Outdoor Activities, and Training Courses

4.1. Service Description

Tandem flights, outdoor activities, and training courses are conducted by experienced and qualified personnel. The execution depends on weather conditions and other safety-related factors. We reserve the right to cancel or postpone planned activities at short notice due to unforeseen circumstances.

4.2. Requirements

The customer confirms that they meet the health and physical requirements necessary for participating in a tandem flight, outdoor activity, or training course. Customers must review and disclose any health restrictions before participation. We are not liable for health issues arising during or after participation.

4.3. Liability Disclaimer

Our liability is excluded to the extent permitted by law. We do not assume liability for damages caused by improper behavior of the customer, force majeure, weather-related cancellations, or postponements. Customers are responsible for damages they cause.

4.4. Cancellation and Rescheduling of Tandem Flights

• Up to 14 days before the scheduled date: A handling fee of CHF 50 will be charged.
• Up to 7 days before the scheduled date: 50% of the total amount is due.
• Up to 2 days before the scheduled date: 75% of the total amount is due.
• Within 2 days before the scheduled date or in case of no-show: The full amount is due.

4.5. Cancellation and Rescheduling of Outdoor Activities and Training Courses

• Up to 12 weeks before the scheduled date: A handling fee of CHF 50 will be charged.
• Up to 14 days before the scheduled date: 50% of the total amount is due.
• Up to 7 days before the scheduled date: 75% of the total amount is due.
• Within 7 days before the scheduled date or in case of no-show: The full amount is due.

In the event of weather-related cancellations by us, a replacement date will be offered to the customer.

5. Prices and Payment Terms

5.1. Products

Prices for products are quoted in Swiss Francs (CHF) and include statutory VAT, where applicable. Shipping costs are not included in the product price and will be calculated separately.

5.2. Services

Prices for services, including tandem flights, coaching, workshops, training, and consulting, are individually agreed upon before the contract is concluded and stated in the confirmation.

5.3. Payment Terms

The customer agrees to pay the agreed prices within the payment terms specified in the invoice. Unless otherwise agreed, invoices are due within 10 days of receipt without deduction. In the event of late payment, we reserve the right to charge interest of 5%, with a minimum fee of CHF 20.

6 No Right of Withdrawal

6.1. Exclusion of Withdrawal Rights

There is no right of withdrawal after purchasing products or booking services from Change Gravity. The customer expressly waives the right to withdraw from the contract after the purchase or booking.

6.2. Customer’s Obligation

By ordering a product or booking a service, the customer agrees to waive the right of withdrawal and commits to the final purchase or use of the service.

7 Liability and Warranty

7.1. Exclusion of Liability

Change Gravity excludes liability for direct or indirect damages arising from the use of products, services, or activities, to the extent permitted by law. This includes damages arising from tort, breach of contract, negligence, and consequential damages.

7.2. Product Warranty

Product warranties are governed by the provisions of the Swiss Code of Obligations (OR). We are not liable for defects arising after the sale. Customers may request rectification or replacement for defects present at the time of delivery within the legal framework.

7.3. Exclusion of Consequential Damages

We accept no liability for consequential damages, lost profits, or other indirect damages. The customer indemnifies Change Gravity against any claims by third parties related to the use of our products or services.

8 Data Protection

The processing of personal data is carried out in accordance with the Swiss Data Protection Act (DSG). For further information, please refer to our Privacy Policy.

9 Final Provisions

9.1. Applicable Law

Swiss substantive law applies, excluding international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2. Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Change Gravity, unless mandatory legal provisions stipulate otherwise.

9.3. Severability Clause

If any provision of these GTC is invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced with a valid provision that most closely reflects the economic purpose of the invalid provision.

Last updated: August 24, 2024

Change Gravity, Stephan Rammerstorfer, Hauptstrasse 26, 6386 Wolfenschiessen, Switzerland