GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1. Definitions
For the purposes of this agreement, the following terms, when capitalized, shall have the following meanings. Singular terms shall also include the plural unless expressly stated otherwise.
Swiftcopters: refers to the company Swift copters SA registered under CHE-108.475.703. Its registered office is located at Route H.C. Forestier 1, 1217 Meyrin, Switzerland.
Client: refers to the person purchasing a paid transport ticket from Swiftcopters.
TC or General Terms and Conditions of Sale: refers to these general terms and conditions of sale and transport.
Passenger: refers to the person in possession of a paid transport ticket from Swiftcopters and being transported by the company.
Party: refers interchangeably to Swiftcopters, the Passenger, or the Client.
Parties: collectively refers to the Client and/or the Passenger and Swiftcopters.
Service: refers to the service purchased by the Client.
ARTICLE 2. Scope of Application
The TC applies when a contract is concluded between the Client and Swiftcopters.
ARTICLE 3. Conclusion of the Contract
The contract is concluded when there is a written or oral reservation.
Swiftcopters may confirm oral reservations in writing for evidentiary purposes.
ARTICLE 4. Price
The prices include all airport fees and are inclusive of all taxes.
The prices apply to VFR (Visual Flight Rules) flights. No additional charge is required for IFR (Instrument Flight Rules) flights. An additional charge may apply if weather conditions prevent a direct flight.
The price is expressed in Swiss Francs (CHF) and calculated by Swiftcopters' competent staff.
Price adjustments may be made in case of increases in fuel taxes, flight license fees, landing fees, or other costs associated with weather-related diversions. In such cases, the Client will be notified in advance of the flight and must confirm their agreement to the proposed adjustments.
ARTICLE 5. Payment
Generally, the Client is required to pay the price at the time of ordering and no later than before the execution of the Service.
If payment has not been made, Swiftcopters may refuse to perform the Service.
ARTICLE 6. Choice of Helicopter
The type of helicopter chosen at the time of reservation is not binding. Swiftcopters may modify it without affecting the price of the Service.
ARTICLE 7. Authority of Swiftcopters
Swiftcopters' staff (pilots, cabin crew, ground personnel) has full authority to give instructions to Passengers. If a Passenger's behavior and/or attitude (including aggression, intoxication, inappropriate behavior, etc.) poses a threat to the safety of Swiftcopters' transport services, Swiftcopters has the right to refuse the Passenger's boarding and transportation. In such cases, the Passenger is not entitled to any refund.
While on board the aircraft, the Passenger must not engage in behavior that hinders, inconveniences, threatens, or endangers individuals, property, or the aircraft itself. The Passenger must not impede the crew from performing their duties and must comply with their instructions, orders, and recommendations aimed at ensuring the safety and security of the aircraft, the smooth progress of the flight, and the comfort of other passengers.
For safety reasons, Swiftcopters may prohibit or restrict the use of electronic devices on board, such as cell phones, laptops, portable recorders, portable radios, electronic games, or transmitters, except for hearing aids and pacemakers.
Smoking is strictly prohibited on board the aircraft. Swiftcopters may limit or prohibit the consumption of alcohol on board.
The Passenger is responsible for the consequences of their
actions if they fail to follow the instructions.
ARTICLE 8. Delay, Cancellation, and Modifications
Due to Swiftcopters
In the event of a delay caused by Swiftcopters' fault, the Passenger must allow Swiftcopters a reasonable time. Claims for damages are only possible if the delay is due to gross negligence or misconduct on the part of Swiftcopters. Only direct damages may be compensated. Any other claims for damages are expressly void.
A change in itinerary or program initiated by Swiftcopters during the flight due to technical, operational, or meteorological reasons does not incur any additional cost for the Passenger.
If Swiftcopters has to interrupt the service for technical reasons, it has the choice to transport the Passenger as quickly as possible either to the place of departure or to the destination by any means. If Swiftcopters returns the Passenger to the place of departure, it will repeat the flight as soon as possible. If Swiftcopters takes the Passenger to the destination by other means of transportation, it bears the expenses.
Swiftcopters reserves the right to cancel the service at any time for technical, meteorological, operational, or other reasons beyond its control. If such cancellation occurs, the Passenger shall not be entitled to any damages.
In the event of a cancellation of the flight independent of the Passenger's will and if it is not possible to offer an appropriate replacement service, Swiftcopters will refund the already paid price. This clause does not apply in the case of sightseeing flights, introductory flights, or gift vouchers; in such cases, the service is postponed to a later date without prejudice.
Due to the Passenger
If the Passenger wishes to modify the time or itinerary of the service, the price of the service may change.
In case of Passenger's delay, Swiftcopters waits for a reasonable time beyond which the price of the service is due. The Passenger shall not be entitled to any refund.
Any modification or cancellation, even partial, of a firm and definitive reservation by the Passenger must be notified to Swiftcopters by any means no later than 5 days (five days or 120 hours) before the scheduled time of the service. Any cancellation, even partial, beyond this period will result in a penalty payment to Swiftcopters by the Passenger as follows:
- Cancellation between 120 hours and 48 hours before the service: 25% of the service price.
- Cancellation between 48 hours and 24 hours before the service: 50% of the service price.
- Cancellation within 24 hours preceding the service: 100% of the service price.
ARTICLE 9. Choice of a Safety Pilot
When making a reservation, the Client may, subject to Swiftcopters' agreement, choose a "safety pilot." This is an additional pilot with a helicopter pilot license. The "safety pilot" may be a pilot external to Swiftcopters.
The choice of a "safety pilot" incurs an additional cost included in the total price of the contract.
ARTICLE 10. Liability
Swiftcopters is liable for material damages to baggage as well as bodily injuries in accordance with the provisions of the Air Transport Ordinance (OTrA) and applicable international regulations (Montreal Convention as well as Regulations (EC) No. 2027/97, (EC) No. 889/2002, (EC) No. 785/2004, and (EC) No. 285/2010).
To the extent permitted, liability is limited to gross negligence or willful misconduct.
Swiftcopters' liability is limited to damages occurring during the flight operated by Swiftcopters or on its behalf.
Swiftcopters' liability shall not exceed the amount of
proven direct material damages, and Swiftcopters shall in no way be liable for indirect damages or any form of non-compensatory damage.
Swiftcopters may be relieved of any liability to the extent that it provides evidence that the Passenger or a third party caused the damage or contributed to it through a violation of their obligations or other unlawful acts or omissions.
In case of death and bodily injury, Swiftcopters is liable for damages suffered up to a maximum of 128,821 SDR (Special Drawing Rights) per Passenger. Beyond this amount, it is liable for damages suffered only if it cannot prove that the damage is not due to a violation of obligation or another unlawful act or omission committed by its employees or agents, or that the damage is solely due to the violation of an obligation committed by a third party.
In case of death and bodily injury, Swiftcopters provides immediate financial assistance within 15 days to individuals entitled to compensation under Art. 15 OTrA. In case of death, this amount is at least 16,000 SDR (Special Drawing Rights).
If, in the event of an accident causing bodily injury, Swiftcopters contractually offers the client or their family members higher compensation than that provided by law or waives the burden of proof, the offer and waiver apply only to the injured party and not to social insurance or other insurers exercising a right of recourse.
If Swiftcopters has taken out passenger insurance for the benefit of the Passenger, in addition to liability insurance, and if such insurance provides compensation for accidents causing bodily injury, Swiftcopters offsets the accident insurance payments against the claims of the injured party under liability insurance.
Liability for damages in case of destruction, loss, or damage to checked baggage is limited to 1,288 SDR (Special Drawing Rights) per Passenger. If the Passenger has declared a higher value at the time of booking and paid the corresponding supplement, liability extends up to the declared amount, provided that Swiftcopters does not prove that this amount exceeds the declared value. Liability is waived for damage due to the inherent nature or defect of the baggage.
Liability for damage in case of delay in transportation is limited to 5,346 SDR (Special Drawing Rights) per Passenger and 1,288 SDR (Special Drawing Rights) per baggage. Swiftcopters may be relieved of this liability by providing evidence that it, its employees, and agents have taken all reasonable measures to avoid the damage or that it was not possible for them to take such measures.
If Swiftcopters entrusts a third party with the transport of baggage, it is not liable for damages occurring during or as a result of such transportation.
ARTICLE 11. Limitation of Liability
Swiftcopters shall not be held responsible for changes in itinerary, schedule, or helicopter type, and generally for any non-performance or delays imposed by weather conditions, technical reasons, or any other force majeure.
Swiftcopters shall not be liable for any indirect and/or immaterial damages suffered by the Passenger.
Furthermore, Swiftcopters undertakes to use all necessary means to carry out the services in the shortest possible time. However, Swiftcopters shall not be held liable if the Passenger misses their connecting flight due to a time connection chosen by the client that is too short.
The exclusions or limitations of liability of Swiftcopters shall apply and benefit its agents, employees, or representatives, as well as any person whose aircraft is used or chartered by Swiftcopters to perform the service, and to the agents, employees, or representatives of such person.
The times indicated on the schedules or elsewhere are not guaranteed by Swiftcopters. Swiftcopters may, without notice, substitute other carriers, use other aircraft, and may modify the indicated schedules or time slots communicated to the Passenger.
Swiftcopters shall not be held responsible for damages resulting from the observance by Swiftcopters of any legal or regulatory provisions (laws, regulations, decisions, requirements, and provisions), or from the non-compliance with these same provisions by the Passenger.
Swiftcopters shall not be liable for any damage to unchecked baggage, unless such damage directly results from the fault of the Air Carrier, its employees, or agents, which must be proven by the Passenger invoking it.
Swiftcopters is not responsible for any illness, injury, including the death of a Passenger, due to the physical condition of the Passenger, nor for any aggravation of the same condition.
ARTICLE 12. Baggage
Depending on the type of helicopter, the Passenger may bring more or fewer bags. The Passenger must refer to the explanatory "Baggage Sheet" provided to them to know the details of their possibilities. In any case, the total baggage that can be taken on board is distributed among the different Passengers.
The Passenger must inform Swiftcopters of the baggage they wish to bring.
If the baggage cannot be transported in the helicopter, it is possible to have them delivered to the destination by another means of transportation. In this case, the transportation costs are borne by the Passenger.
In any case, the pilot-in-command is free to refuse to board all or part of the baggage without prejudice to the Passenger.
Certain items cannot be transported by helicopter due to their nature. For more information on this subject, the Passenger can refer to the "Baggage Sheet" provided to them. The following items are particularly prohibited:
Objects that may be a danger to the aircraft, people, or property on board (such as explosives, compressed gases, oxidizing substances, radioactive, magnetized, inflammable, toxic, or corrosive materials)
Objects whose transportation is prohibited by laws, regulations, or instructions in the departure or destination country
Objects that Swiftcopters deems unsuitable for transportation due to their weight, size, shape, odor, or nature
Weapons, knives, bladed weapons, and aerosols
ARTICLE 13. Travel Documents
In the case of international flights, the Passenger must have the necessary documents to pass through borders (passport, visa). The Passenger is responsible for the costs and possible fines if an authority refuses entry or exit from the territory.
In any case, the Passenger must be in possession of a valid identification document.
ARTICLE 14. Severability Clause
Each clause is independent. If any provisions of the Terms and Conditions are or become legally invalid, inapplicable, or illegal, the validity of the other provisions shall not be affected. The Parties shall agree on new provisions that reflect, as much as possible, the intent of the original provisions that have become inapplicable.
ARTICLE 15. Applicable Law and Competent Court
The applicable law is Swiss law.
The legally binding version of the Terms and Conditions is the French text. In the event of any divergence in the interpretation of the Terms and Conditions, only the French version shall prevail.
The place of jurisdiction is Geneva, without prejudice to any recourse to a higher cantonal or federal authority.