General Terms and Conditions (GTC)

 

of HeliFoto.ch

 

§ 1: General

 

These General Terms and Conditions (GTC) govern the legal relationship between HeliFoto.ch, Pfäffikerstrasse 114, 8605 Gutenswil, Switzerland, and its customers. They apply to all products and services provided by HeliFoto.ch. The version valid at the time the contract is concluded shall apply. Any individual agreements deviating from these GTC that have been agreed in writing shall take precedence over these GTC.

 

§ 2: Prices

 

Offers, price information and similar details published on the HeliFoto.ch website or in advertising materials and brochures are non-binding.

 

Unless otherwise stated in an offer, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value-added tax (VAT).

 

§ 3: Conclusion of Contract

 

Following initial written or telephone contact, HeliFoto.ch shall prepare an offer including the applicable price. The offer shall be sent to the client together with these GTC. Previous verbal agreements shall not be binding.

 

Acceptance shall take place by written confirmation from the client (e.g. by email) that the client accepts the offer in its stated form and agrees to these GTC.

 

The offer shall be valid in accordance with the terms specified therein. It shall relate exclusively to the specific enquiry. If the content or scope of the enquiry changes, a new offer shall be prepared.

 

The contract shall be deemed concluded as soon as the client’s written confirmation is received by HeliFoto.ch.

 

§ 4: Payment Terms

 

Unless otherwise agreed in writing, invoices are payable within 10 days without deduction. Any fees charged by banks or postal services that are incurred by HeliFoto.ch shall be charged to the client.

 

In the event of late payment, a reminder fee of CHF 30.– and default interest of 5% shall be charged. The debtor shall automatically be deemed to be in default upon expiry of the payment period.

 

Usage rights to the images shall only transfer to the client once the invoice has been paid in full.

 

For orders exceeding CHF 1,500.–, HeliFoto.ch reserves the right to require a 50% advance payment prior to commencement of the assignment.

 

§ 5: Delivery Conditions

 

The original files shall be made available to the client as a download or handed over on site. Upon request, the data may be stored on a storage medium (e.g. SSD or USB stick) and sent by post.

 

HeliFoto.ch shall provide the data or download link no later than 30 days after completion of the assignment. Delivery may be withheld until full payment has been received.

 

§ 6: Transfer of Risk

 

Benefit and risk shall transfer to the client upon handover of the image material to the logistics partner of HeliFoto.ch. Any liability for indirect consequential damages shall be excluded.

 

§ 7: Complaints

 

HeliFoto.ch warrants that the image material is free from material and manufacturing defects at the time the risk is transferred.

 

The client shall inspect the image material as soon as possible and notify HeliFoto.ch in writing of any defects no later than 3 days after receipt, providing a precise description of the defect.

 

Hidden defects must be reported in writing immediately after their discovery. In the event of late or improper notification, claims based on defects shall be excluded.

 

§ 7.1: Complaints Due to Weather

 

No claims for damages or complaints may be made due to adverse weather conditions.

 

§ 8: Liability

 

HeliFoto.ch shall be liable to the client exclusively for damages caused intentionally or through gross negligence. Liability for slight negligence shall be excluded.

 

In the event of loss of or damage to material provided for processing, liability shall be limited to replacement with raw material corresponding to the length of the lost or damaged parts.

 

HeliFoto.ch shall not be obliged to take out insurance.

 

HeliFoto.ch shall not be liable for the loss of data and/or programs insofar as the damage is attributable to the client having failed to maintain adequate data backups.

 

These provisions shall also apply in favour of HeliFoto.ch’s auxiliary persons.

 

§ 9: Withdrawal, Cancellation and Rescheduling

 

The client has the right to cancel a scheduled assignment. Cancellation must take place no later than 120 hours (5 days) before the scheduled appointment.

 

Rescheduling due to adverse weather conditions must take place no later than 24 hours before the scheduled appointment.

 

If cancellation or rescheduling takes place within the applicable deadline, no costs shall be incurred. If the deadlines are not observed, 50% of the order value shall be charged.

 

Advance payments shall not be refunded in the event of withdrawal from the contract or failure to appear for the scheduled photography appointment.

 

§ 9.1: Damages

 

Claims for damages are excluded. If HeliFoto.ch is unable to carry out a flight due to technical problems, the invoiced amount shall be refunded within 7 days, provided that no replacement appointment is possible.

 

§ 10: Information of Affected Persons

 

The client warrants that it has all necessary rights to commission the assignment. If third-party rights are infringed as a result of the assignment, the client shall be fully liable for this.

 

The client is obliged to inform affected persons (e.g. owners of neighbouring properties) in advance and obtain their consent. Such consent shall constitute both consent under data protection law to the processing of personal data and, under neighbourhood law, consent to a temporary interference with property rights.

 

§ 11: Services

 

Special operating conditions apply to the production of aerial photographs in order to comply with statutory requirements and ensure safety.

 

Flights shall only be carried out in compliance with the applicable regulations (in particular those of the Federal Office of Civil Aviation, FOCA).

 

The following conditions shall apply in particular:

 

no flights in rain or snowfall

maximum wind speed: 40 km/h

visual contact with the drone must be maintained at all times

maximum flight altitude: 180 m

maximum horizontal distance: 300 m

no flights over crowds of people

flight duration: approximately 10–30 minutes depending on payload

GPS accuracy: ± 1 m

 

§ 11.1: Visualisations

 

Aerial photographs for visualisations shall preferably be carried out following an on-site consultation or based on a site plan. No liability shall be assumed for recordings made without prior coordination.

 

§ 11.2: Virtual Reality Recordings

 

When creating 360° recordings, efforts shall be made to minimise stitching errors and parallax shifts. No claims may be made due to stitching or parallax errors.

 

§ 11.3: 3D Mapping and Surveying

 

When creating 3D models, efforts shall be made to achieve the highest possible level of accuracy. However, no claims may be made due to measurement deviations.

 

§ 11.4: Thermal Imaging and Thermography

 

When carrying out thermal imaging, suitable weather, lighting and temperature conditions shall be taken into consideration. If these conditions cannot be achieved within a specified period, no claims for damages may be made.

 

§ 12: Use and Distribution

 

All recordings produced by HeliFoto.ch are protected by copyright. Any use, reproduction or publication requires express permission.

 

When published, the copyright notice “Photo: HeliFoto.ch, Gutenswil” must be included. In the event of missing or incorrect attribution, a surcharge of 100% of the usage fee shall be charged. This does not grant any additional usage rights.

 

Copyright notices may not be removed.

 

Unless otherwise agreed, HeliFoto.ch is entitled to use a selection of the recordings for its own promotional purposes (e.g. website, social media).

 

Exclusive rights and multiple licences shall be agreed individually and charged separately.

 

§ 13: Right of Withdrawal and Withdrawal Information

 

The client has the right to withdraw from its order confirmation within 8 hours without stating any reasons. Withdrawal must be made in text form (e.g. by email or letter). The deadline shall be deemed observed if the withdrawal is sent in good time.

 

§ 14: Data Storage and Data Protection

 

Personal data shall be treated confidentially. Data required for business transactions shall be stored and, where applicable, disclosed to affiliated companies.

 

For the purpose of credit checks, data may be exchanged with relevant entities. HeliFoto.ch reserves the right to use customer addresses for its own advertising purposes.

 

Due to the technical nature of the Internet, the client is responsible for the security of its own systems. HeliFoto.ch shall not be liable for unauthorised third-party access or misuse of data.

 

§ 15: Amendments and Additions

 

HeliFoto.ch reserves the right to amend these GTC at any time. New terms and conditions shall be communicated to the client and shall be deemed accepted unless the client objects within 10 days.

 

§ 16: Severability Clause

 

Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.

 

§ 17: Applicable Law and Place of Jurisdiction

 

Swiss law shall apply exclusively. The place of jurisdiction shall be the Canton of Zurich.

 

§ 18: Copyright

 

The entire website is protected by copyright. All rights are reserved. Copyright infringements shall be charged and pursued through legal proceedings.

 

The complete or partial reproduction of content on electronic or other media is prohibited without express written permission.

 

All information is non-binding. Errors and changes are reserved.

 

Last updated: 21/04/2026