1. SCOPE OF APPLICATION

These general terms and conditions (hereinafter “GTC”) apply to the sports and leisure activities offered by FREEZONE SA, a public limited company with its registered office at Route de la Drague 58, 1950, hereinafter referred to as “the seller”.

Depending on the context in which it is used in the GTC, the term “customer” refers interchangeably to the person paying for the order, the person ultimately using the service offered, or their legal representative.

The customer accepts the conditions below without any modification and in their entirety. The seller reserves the right to modify the GTC at any time. The applicable version is the one in force at the time of the order.

No special conditions or general purchasing conditions (GPC) can prevail over these GTC unless previously accepted in writing by the seller. Any contrary condition posed by the customer, particularly those contained in their GPC or any other document, will therefore be unenforceable against the seller unless expressly agreed otherwise, regardless of when the said condition might have been brought to their attention.

These general terms and conditions apply to all offers listed on the website www.realfly.ch.

However, any special conditions established or agreed upon by the seller during targeted offers take precedence over these general terms and conditions for the points they modify or specify.

2. OFFER OF PRODUCTS AND SERVICES

The seller reserves the right to modify the range of products, services, and their prices at any time.

Although the seller makes every effort in good faith to ensure the reliability of the information, the images, diagrams, and information appearing on the website www.realfly.ch, its subdomains, advertisements, brochures, and others (including websites and social media pages controlled by them) are provided for indicative purposes only and do not constitute contractual documents.

3. ORDER

3.1 Type of order

The seller offers two types of orders:

1. An online order for a service on a specified date in the form of a reservation voucher. In this case, the customer selects the service and a date from those offered to carry it out.
2. An order in the form of a gift voucher, i.e., without choosing the dates from the proposed dates. For all types of orders, the validity of the service is 12 months from the order. This can be extended by three months from the expiration date for CHF 15.- and an upward adjustment of the rate in effect on the day of the service.

3.2 Placing the order

Once the order is placed, the customer receives an order confirmation by email. The seller is not obliged to accept orders and can refuse them in whole or in part without any reason, at any time. Any payment already made will be refunded. All services are payable in full at the time of order unless the seller agrees to installment payments.

3.3 Cancellation or modification conditions

3.3.1 By the seller

Once accepted, the seller reserves the right to cancel or modify any reservation, particularly for safety reasons, factors beyond their control, or technical failure. In case of cancellation of a reservation, the seller will endeavor to inform its customers as soon as possible and offer to reschedule their activities at no cost. In this case, the customer can also request a refund of the canceled service.

3.3.2 By the buyer

Purchasing a product or service from the seller can only be canceled in cases provided by law. This cancellation must be done using a form provided by FREEZONE SA and returned to them. The customer acknowledges that they have no right to a refund of their order. The customer can also change the date of their reservation to another date than initially planned if they subscribe to the “Comfort” option when ordering. Otherwise, no rescheduling of the flight can be requested without paying CHF 15. Any rescheduling of the flight must take place within the year following the initial order. Otherwise, the flight is lost to the customer.

4. USE OF THE SERVICE

The customer undertakes to respect other users, act courteously, and always follow the instructions given by FREEZONE SA employees. The customer is already warned of the prohibition of wearing jewelry, rings, or any other object that could damage the wind tunnel, and that wearing sneakers is mandatory.

Flights are scheduled. The customer undertakes to respect the chosen schedule. It is impossible to stop the simulator due to delay. Once the customer’s turn has passed, it will be impossible to reschedule it.

The minimum age to fly is 5 years. There is no maximum age, but health, weight, and height criteria may be taken into account.

Minors must provide parental authorization and be accompanied by at least one parent or a person with parental authority.

Any violation of basic courtesy and safety rules will entitle FREEZONE SA to immediately terminate the service, without prejudice to any damages that FREEZONE SA may be entitled to claim, and without any right to a refund for the customer.

The customer also acknowledges being in full physical possession of their means and, in case of doubt, has consulted a doctor. FREEZONE SA disclaims any liability in this regard.

The customer undertakes to diligently familiarize themselves with the safety rules, each time they use the service, to remain cautious at all times, and expressly acknowledges that any activity involves a risk, regardless of the customer’s level.

Lost and found items are stored for 3 months within the establishment. They are returned only upon the customer’s request and at their expense.

5. EXCLUSION AND LIMITATION OF LIABILITY

In accordance with Art. 100 of the Swiss Code of Obligations, FREEZONE SA will only be liable for its gross negligence, the severity of which is assessed according to the jurisprudence of the Swiss courts in force at the time of the facts.

FREEZONE SA will therefore not be liable for damage caused to its customers’ property, theft, and any material damage in general, without this list being exhaustive.

In accordance with Art. 101 of the Swiss Code of Obligations, FREEZONE SA will also not be liable for faults committed by its auxiliaries in the exercise of their mission.

6. FORCE MAJEURE

The occurrence of a case of force majeure temporarily releases the prevented party from performing during the case of force majeure and for an appropriate period after these events. The term “force majeure” includes, for example, natural disasters, bad weather, wars, terrorism, political and social unrest, revolutions and insurrections, strikes, epidemics and pandemics, nuclear accidents or damage to nuclear reactors, unintentional production impediments due to, for example, water, machine damage, power outages, fire, etc.

7. DATA PROTECTION:

For the purposes of the order, the customer is informed that the seller processes personal data concerning them, namely their first name(s), last name(s), postal address(es), email address(es), and telephone number(s) to fulfill its contractual obligations. This processing is carried out in accordance with the Swiss Federal Data Protection Act (FADP) and the Ordinance on the Federal Data Protection Act (OFADP), and in accordance with the European General Data Protection Regulation (GDPR) if applicable to the customer.

The customer is referred to the privacy policy on the website www.realfly.ch, which they confirm having read and accepted.

8. APPLICABLE LAW AND JURISDICTION

Swiss law applies to the legal relationship between FREEZONE SA and the customer. The French version of the GTC takes precedence over the translated version in another language.

The place of jurisdiction is Sion.

9. PARTIAL NULLITY OF THE GTC

The invalidity of one or more of these GTC does not affect the validity of the other provisions.

9. CONTACT AND CUSTOMER SERVICE

For any questions, please contact FREEZONE SA by email at admin@realfly.ch, and for any complaints by registered mail to the company’s registered office.

Address in the Commercial Register:

Registration number CHE-112.989.388
Freezone SA,
Route de la Drague 58,
1950 Sion