1 Scope of application
The use of this website and the business relationship between Windwerk AG, Ohrbühlstrasse 21, 8409 Winterthur (hereinafter referred to as “Windwerk”) and its customers are governed by the following General Terms and Conditions (GTC) in the version currently available and valid when the website is accessed or when a service or product is ordered.

A customer is any natural or legal person who maintains business relations with Windwerk. The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time. Windwerk asks you to read these provisions carefully each time you visit the website and each time you order a service or goods.

These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Windwerk in order to be valid.
When using this website or ordering services or goods, the customer confirms that he fully recognizes and accepts these GTC, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall 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 about services and goods. Prices, product ranges and technical specifications are subject to change without notice. All information on www.windwerk.ch or booking.windwerk.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood only as approximate values and in particular do not constitute an assurance of properties or guarantees, unless explicitly stated otherwise. Windwerk makes every effort to ensure that all data and information on this website is correct, complete, up-to-date and clearly arranged, but Windwerk cannot provide any express or implied warranty in this respect. All offers on this website are subject to change and are not to be understood as binding offers. Windwerk cannot guarantee that the services or goods listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and 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 conclusion of the contract. The expiration date of a voucher is always printed on it. During this period, Windwerk bears the risk of price increases and service changes.
An extension of the validity period can be requested from Windwerk. Windwerk reserves the right to charge price adjustments and appropriate processing surcharges. The vouchers are transferable. In the case of time-discounted offers, the price is only valid for the defined period. A surcharge (adjustment to regular prices) will be charged for redemption outside the defined period.

4. Discount and value vouchers
All discount and value vouchers issued by Windwerk are only valid for the defined period and cannot be extended.
Applicable provisions, expiration dates and redemption periods are specifically defined and noted in each case. Payment of the value is excluded. Discount and value vouchers cannot be accumulated under any circumstances.

5. Sports and proflyer services
Sports 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. The expiration date is always shown 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. Windwerk reserves the right to charge price adjustments and appropriate handling surcharges. Flight credits are not transferable to other customer accounts. In the case of time-discounted offers, the price is only valid for the defined period. A surcharge (adjustment to regular prices) will be charged for redemption outside the defined period.

6 Offers from partners and time-limited offers
Goods, services or vouchers purchased on partner sites are subject to the partner’s General Terms and Conditions (GTC). Windwerk only accepts goods, services or vouchers from partners with whom Windwerk has a contractual relationship. Time-limited offers from Windwerk cannot be extended after expiry of the time limit.

7 Prices
Unless otherwise stated, the prices quoted by Windwerk include statutory VAT. All prices are quoted in Swiss francs (CHF). Prices in other currencies are for information purposes only and are not legally binding for Windwerk. In any case, the prices in Swiss francs (CHF) shall apply to the conclusion of the contract.

Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.

Windwerk reserves the right to make technical changes, errors and misprints; in particular, Windwerk may change prices at any time and without prior notice.
Consulting and support services are not included in the sales prices.

8 Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order services and/or goods from Windwerk. By placing an order and making a purchase including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Windwerk then sends a “confirmation with receipt” by e-mail, which confirms that the customer’s order has been received by Windwerk. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal. The contract is concluded as soon as Windwerk sends a declaration of acceptance by e-mail confirming the dispatch and delivery and/or booking confirmation of the ordered services and/or goods.

Orders for services and/or goods will only be confirmed after full payment has been received (exception: delivery against invoice) and if capacities for the provision of services and/or goods are available. If it turns out after conclusion of the contract that the ordered services and/or goods cannot be provided or delivered or cannot be provided or delivered in full, Windwerk is entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by Windwerk, the payment will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay.
In the event of termination of the contract, Windwerk shall not be obliged to make a replacement delivery.

9. Payment options and retention of title
The customer has the payment options specified in the order process at his disposal. Windwerk reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons. Windwerk may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder if the customer is in default of payment. Goods delivered to the customer remain the property of Windwerk until full payment has been made.

10 Cancellation or postponement of a service
In the event of cancellation by the customer, any amount already paid for a service cannot be refunded. A postponement of the service can be made under the following conditions:

• Up to 48 hours before the booked appointment: free of charge.
• Between 48 and 8 hours before the booked date: Cancellation fee of 50% of the value of the service.
• From 8 hours before the booked appointment and for appointments that are not canceled: Cancellation is not possible.
  The service will be charged at 100% and any claims will be forfeited.

Services with a value of CHF 1,000 or more (incl. VAT) must be postponed at least 72 hours before the booked date. Otherwise the service will be charged at 100% and all claims will be forfeited. In any case, cancellations must be made by e-mail or telephone and confirmed by Windwerk.

11 Warranty
Windwerk endeavors to deliver services and goods of impeccable quality. Windwerk is not able to give any assurances or guarantees for the topicality, completeness and correctness of the data or for the constant or uninterrupted availability of the website, its functionalities, integrated hyperlinks and other content.
In particular, Windwerk neither warrants nor guarantees that the use of the website will not infringe the rights of third parties not owned by Windwerk.

12. Health
The customer of Windwerk must be in good physical and mental health and must not have any infections or illnesses for which the use of the services of Windwerk is not advisable. The customer must not have suffered a recent accident, suffer from problems of the limbs (in particular shoulder injuries), the spine or epilepsy and must not be pregnant. Windwerk reserves the right to refuse participation in its services to any person.

13 Liability
Windwerk excludes any liability, irrespective of its legal basis, as well as claims for damages against Windwerk and any auxiliary persons and vicarious agents. In particular, Windwerk shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss suffered by the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

Windwerk only uses hyperlinks to simplify the customer’s access to other websites. Windwerk can neither know the content of these websites in detail nor assume any liability or other responsibility for the content of these websites.

14 Data protection
Windwerk may process and use the data collected during the conclusion of the contract to fulfill its obligations under the purchase contract and for marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties. Further data protection provisions are available on the Windwerk website.

15 Further provisions

Windwerk expressly reserves the right to amend these GTC at any time and to bring them into force without notice. In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules.
The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction is Winterthur (ZH), unless the law provides for mandatory places of jurisdiction.

Windwerk AG, Version 31.01.2022