1. Scope of application
The following General Terms and Conditions (GTC) – in the version available on the website and currently valid at the time of accessing the website or ordering goods or services – apply to the use of this website and to business relations between Windwerk AG, Ohrbühlstrasse 21, 8409 Winterthur, Switzerland (hereinafter referred to as ‘Windwerk’) and its customers.
A customer is any natural person or legal entity that has a business relationship with Windwerk. The GTC, the terms of delivery and payment, and the privacy provisions may be amended from time to time. Windwerk asks that you read through these provisions carefully each time you visit the website or place an order for goods or services.
Only these GTC will apply. Any conditions that contradict, supplement or deviate from these GTC will apply only with the express written confirmation of. Windwerk. By using this website or placing an order for goods or services, the customer acknowledges and confirms acceptance of all these GTC, including the terms of delivery and payment. Should individual provisions of these GTC prove to be ineffective or unenforceable or become ineffective or unenforceable, this will not affect the validity of the remaining provisions.
The operator of this website is Windwerk AG.
2. Information on this website
The Windwerk website contains information on products and services. Windwerk reserves the right to alter prices and products and to make technical changes. All information on www.windwerk.ch or booking.windwerk.ch (product descriptions, images, films, dimensions, weights, technical specifications, accessories and other details) are approximate values only and in particular do not provide any guarantee of product characteristics or any warranties, unless explicitly stated otherwise. Windwerk endeavours to ensure that all details and information on this website are accurate, complete, clear and up to date, but Windwerk cannot offer any express or implied guarantee that this is the case. All offers on this website are non-binding and cannot be considered as binding quotes. Windwerk provides no guarantee that the products or services listed will be available at the time of ordering. All information on availability and delivery times is therefore subject to change at any time without notice.
3. Flight experiences and flight vouchers
Vouchers issued by Windwerk and paid for by the customer are valid for 24 months from the date of conclusion of the contract. The expiration date of a voucher is printed on it in any case. During this period, Windwerk bears the risk of price increases and changes in performance. An extension of the validity period can be requested. In this case, Windwerk reserves the right to charge price adjustments and adequate processing surcharges. The vouchers are transferable. In the case of time-discounted offers, the price is only valid during the defined period. In case of redemption outside the defined period, a surcharge (adjustment to regular prices) will be charged.
4. Discount- and value-coupons
All discount and value vouchers issued by Windwerk are only valid in the defined period and cannot be extended. Applicable terms, expiration dates and redemption periods will be specifically defined and noted in each case. The value payout is not possible. Discount and value vouchers cannot be cumulated under any circumstances.
5. Sport- and Proflyer-services
Sport- and Proflyer-services issued by Windwerk and paid for by the customer are generally valid for five years from the conclusion of the contract, unless otherwise stated. In any case, the expiration date can be seen in the webshop. During this period, Windwerk bears the risk of price increases and service changes. An extension of the validity period can be requested from Windwerk. In this case, Windwerk reserves the right to charge price adjustments and adequate processing surcharges. Flight credits are not transferable to other customer accounts. There is no right of return or withdrawal. In the case of time-discounted offers, the price is only valid during the defined period. In case of redemption outside the defined period, a surcharge (adjustment to regular prices) will be charged.
6. Partner offers and time-limited offers
Goods, services or vouchers acquired from partner sites are subject to the general terms and conditions of the partner. Windwerk only accepts goods, services or vouchers from partners with which it has a contractual relationship. Time-limited offers from Windwerk cannot be extended once they have expired.
7. Prices
Unless otherwise stated, all prices quoted by Windwerk include statutory VAT. All prices are given in Swiss francs (CHF). Prices in other currencies are provided for information only and are not legally binding upon Windwerk. Prices in Swiss francs (CHF) always apply when entering into the contract.
Unless otherwise agreed, any delivery costs incurred will be invoiced and must be paid by the customer. Delivery costs are indicated separately during the ordering process.
Windwerk accepts no liability for technical changes, mistakes and printing errors. In particular, prices are subject to change at any time without notice. The purchase prices do not include any advisory or support services.
8. Creation of contract
The offers on this website constitute a non-binding invitation for the customer to order services and/or products from Windwerk. By placing an order on this website, including accepting these GTC, the customer makes a legally binding offer to enter into a contract. Windwerk will send an automatic confirmation by email, which confirms that Windwerk has received the customer’s offer. Orders placed are binding upon the customer. Unless otherwise stated, there is no right of return or withdrawal. The contract is formed as soon as Windwerk sends a declaration of acceptance by email, wherein the dispatch of the services or products ordered is confirmed.
Orders for services and/or goods are only confirmed once full payment has been received (exception: delivery on account) and in case of available capacity to provide the service and/or deliver the goods. If, after conclusion of the contract, it is determined that the service and/or goods ordered cannot be provided or cannot be provided in full, Windwerk is entitled to withdraw from the entire contract or part of the contract. If Windwerk has already received the customer’s payment, this amount will be reimbursed to the customer. If payment has not yet been made, the customer is released from any obligation to pay. Windwerk is not obliged to provide any replacement delivery in case of the termination of a contract.
9. Payment options and reservation of ownership
The payment options specified during the ordering process are available to the customer. Windwerk reserves the right to exclude customers from using specific payment options without giving a reason or to require advance payment. In the event that a payment by the customer is overdue, Windwerk may charge interest of 5% per year plus a reminder fee of up to CHF 20 per reminder sent. Goods delivered to the customer remain the property of Windwerk until full payment has been received.
10. Cancellation or deferral of a service
In case of cancellation by the customer, amounts already paid for a service cannot be reimbursed. The provision of the service can be postponed in accordance with the following conditions:
Services with a value of CHF 1’000 (incl. VAT) or more must be postponed at least 72 hours before the scheduled time. Otherwise the service will be charged at 100% and any claims expire. Cancellations must be made in any case by email or telephone and must be confirmed by Windwerk.
11. Guarantee
Windwerk endeavours to provide goods and services of impeccable quality. Windwerk is not able to make any representations or warranties as to the completeness or accuracy of information, nor can it guarantee the continuous and uninterrupted availability of the website, its functions, integrated hyperlinks and other content. In particular, Windwerk can provide no assurance or guarantee that your use of the website will not infringe the rights of third parties not owned by Windwerk.
12. Health
Customers of Windwerk must be in good physical and mental health and must not have any infection or illness that would make the use of services provided by Windwerk inadvisable. Customers must not have suffered any recent accidents, have problems with their limbs (especially shoulder joint), spine or epilepsy, and must not be pregnant. Windwerk reserves the right to refuse to allow individuals to participate in its services.
13. Liability
Windwerk accepts no liability – irrespective of legal basis – and will not be held liable for claims for damages against Windwerk and any auxiliary personnel or vicarious agents. In particular, Windwerk is not liable for any indirect and consequential damages, loss of profit, or other personal injury, property damage or financial loss suffered by the customer. Further mandatory legal liability is reserved, such as for gross negligence or unlawful intent.
Windwerk uses hyperlinks only to make it easier for customers to access other web content. Windwerk is neither aware of the details of this web content nor does it assume liability or any other responsibility for the content of these websites.
14. Privacy
Windwerk may process and use the data recorded as part of the conclusion of this contract in order to fulfil its obligations arising from the purchase agreement, as well as for marketing purposes. The data required to fulfil its obligations may also be passed on to service partners engaged by Windwerk and to other third parties. Further privacy provisions are available on the Windwerk website.
15. Other provisions
Windwerk expressly reserves the right to change these GTC at any time and to bring them into force without notice. In the event of disputes, Swiss substantive law will apply exclusively, excluding conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) is explicitly excluded. The place of jurisdiction is Winterthur (ZH) in Switzerland, unless a compulsory place of jurisdiction is established by law.
Windwerk AG, Version 31.01.2022
