General Terms and Conditions for Procuring Flights and Other Travel Services
Last update: 21 May 2024
1 – General Information
- MiGFlug GmbH (hereinafter «MiGFlug») acts as an agent of individual Travel Services, in particular flights (hereinafter «Travel Services»). Its activities are based on these General Terms and Conditions. MiGFlug acts as an agent for its Customers on the basis of Agent’s Agreements against payment (hereinafter «Agent’s Agreements») for individual Travel Services from individual Service Providers such as providers or operators of flights as well as other travel providers and operators (hereinafter «Service Providers»).
- The Service Providers supply the Travel Services procured by MiGFlug in their own responsibility and on the basis of their own terms and conditions. The responsibilities of MiGFlug are limited to the Agent’s Agreements, the support of Customers and Service Providers during the execution of the procured Travel Services, and to advising and informing Customers in relation to the Agent’s Agreements.
2 – Agent’s Agreement
- With a request through the websites or other available means of communication of MiGFlug, an individual Customer (hereinafter «Customer») engages MiGFlug for procuring the requested Travel Services. Such requests represent a binding proposal for awarding an Agent’s Agreement, on the basis of which MiGFlug shall procure the requested Travel Services between the Customer and the respective Service Providers (hereinafter «Booking»). Such requests are at the same time binding offers for contracts with the respective Service Providers (hereinafter «Travel Service Contract»).
- If the Travel Services requested by the Customers in accordance with their bookings are available, and if the respective Service Providers accept the corresponding Customer proposal, a Travel Service Contract between the Customer and the respective Service Provider shall enter into effect. The Customer receives a corresponding confirmation, with the procurement by MiGFlug being subject to the prior receipt of all required information. The prices of the Travel Services by the Service Providers include all agency costs of MiGFlug.
- The mutual rights and duties of Customers and MiGFlug are set out in these General Terms and Conditions and additional arrangements made, if any. For the rights and duties of Customers and individual Service Providers, solely the respective Travel Service Contracts and additional arrangements made, if any, shall be valid between the Customers and individual Service Providers. The Agent’s Agreement with MiGFlug is valid only subject to the Customers providing a written notice of disclaimer, if required, and signing these General Terms and Conditions.
- A passenger insurance on the aircraft level is included for all flights offered by MiGFlug. On top of that, there is a third-party liability insurance on the company level. Additional insurance coverage can be arranged by the Customer.
3 – Advice and Information
- MiGFlug advises Customers in connection with the Agent’s Agreements and the procured Travel Service Contracts. It shall forward travel documents and other information received from the Service Providers to the Customer. MiGFlug does not accept any liability for forwarding such information; in particular, not for information about travel requirements such as the issuing of visas. However, it uses its best endeavors to advise the Customers accordingly.
- For procuring certain Travel Services, a certificate of medical fitness is required in advance. It is the responsibility of the Customers to obtain such a certificate from an appropriate third party on their own and at their own expense.
- For procuring certain Travel Services, further information, certificates, confirmations, and declarations may be necessary in advance. MiGFlug shall inform and advise the Customers in this connection.
4 – Cancellation
- Should the desired flight become unavailable due to force majeure (earthquake, weather, etc.), technical problems, or other reasons beyond the control of MiGFlug GmbH, the customer must accept changes to the trip date or the change of the aerodrome/airbase. This, however, requires a proper explanatory statement by MiGFlug GmbH.
- If the customer is unable to participate in the flight for other reasons of any kind, it is important to inform MiGFlug and the pilot immediately. Until 5 days prior to the flight, rescheduling a flight and any changes (like flight location) are free of charge.
- Cancellation insurance/Refundable Booking is offered in MiGFlug’s booking/checkout process.
- MiGFlug does not offer any refunds for cancellations by the customer. This means not doing the flight altogether. Rescheduling is free of charge with MiGFlug. If you are not sure that you will do the flight, we strongly suggest booking the flight as a refundable booking (see 4.3). Generally, it makes sense to book all other necessary travel arrangements such as hotels and airline flights in a flexible or refundable way. Rescheduling by MiGFlug is always possible, for example in the case of bad weather, crew unavailability, or aircraft readiness. Flights only take place when everything is ready, and everyone is feeling well.
5 – Photo, Video, and Audio Recordings
By default, customers give permission to MiGFlug to use photos, videos, and audio recordings taken in connection with the Travel Services procured for the Customers. We generally ask for permission before. If you don’t want any photo or video of you used, please notify us quickly by email.
6 – Complaints and Claims
- Complaints and other claims resulting from Agent’s Agreements shall be communicated to MiGFlug in writing within a forfeiture period of seven days from using the corresponding procured Travel Services.
- In the event of complaints and other claims in relation to the Service Providers, the responsibilities of MiGFlug are limited to providing all required information, which – if available to MiGFlug – are absolutely necessary for the Customers to assert their claims.
7 – Liability
- MiGFlug shall be liable to the Customer in connection with Agent’s Agreements exclusively for the execution in full agreement with the terms. Any liability – in particular for slight negligence, damage by third-party fault and own fault of the Customer, or force majeure – as well as any liability for Travel Services including gross negligence shall be excluded as far as permitted by law.
- Solely the respective Service Providers shall be liable for the execution of the procured Travel Services, including defects, if any. In particular, MiGFlug does not accept liability for changes to the Travel Services occurring after the awarding of the Agent’s Agreement between the Customer and the Service Providers.
8 – Miscellaneous
The Customers permit MiGFlug to transmit their personal data to the respective Service Providers for the purpose of procuring the booked Travel Services. They are aware that such personal data might be transmitted to other countries and from there to countries whose data protection standards do not match those of Switzerland.
The entire legal relationship between MiGFlug and the Customers shall be governed by and construed in accordance with Swiss substantive law exclusively, in particular by Article 394 et seq. of the Swiss Code of Obligations [‘Schweizerisches Obligationenrecht – OR’] concerning the rules of mandate. The exclusive place of jurisdiction shall be Zurich, Switzerland.
Should a provision of these General Terms and Conditions be invalid or void, the validity of the other provisions shall remain unaffected thereby. In place of the invalid or void provision, a legally permissible provision shall be deemed to have been agreed upon which most closely represents the contractual purposes