Terms & Conditions
General Terms and Conditions for the use of ACESS aeronautics
Preface
The bavAIRia incorporated society operates the online information and communications portal ACCESS aeronautics for engineering services / product related services in the field of aerospace.
Customers and other interested parties of corresponding services, generally aviation companies, obtain the possibility to conduct target searches for specific services available, to compare services and to send a "request for information" e-mail to the engineering services providers.
§ 1 Coverage
These General Terms and Conditions govern the contractual relationship between the users and the Internet platform ACCESS aeronautics. This contract applies exclusively to companies pursuant to the German Civil Code section 14. Consumers according to the German Civil Code are not authorized to register themselves for the platform.
§ 2 Services
(1) In return for payment, the user has access to a closed information and communications platform for engineering services in the field of aerospace. Users are able to create a detailed company profile on the platform to describe their specific services and skills.
(2) The spirit and purpose of ACCESS aeronautics is to make connections with business contacts. For this purpose the bavAIRia incorporated society provides technical applications and search aids that make it possible to find company profiles and to establish contacts with other users. The bavAIRia incorporated society remains uninvolved in the communication between users and does not moderate the closing of contracts and legal transactions between the users.
(3) The access to ACCESS aeronautics is open to the registered users and their staff members. Divulging any access information or passing on access to third parties requires a separate agreement and is only allowed with approval from the bavAIRia incorporated society.
(4) The user is advised that 100% accessibility of the platform cannot be guaranteed for technical reasons. Unforeseeable maintenance and service work as well as circumstances that are outside of the bavAIRia incorporated society's control (like i.e. disturbances on the telecommunications network or electrical power outages) could lead to temporary inaccessibility of the platform.
(5) For questions or problems registered users can make use of an e-mail and telephone support (weekdays from 10 am to 6pm, German time).
§ 3 User Obligations
(1) The user is responsible for the maintenance and updates to his/her company profile and for all of its information and content. The user is obligated to provide only truthful information about his or her company and the company’s services.
(2) The user is obligated to observe effective law and the rights of third parties in the creation of his/her company profile as well as in any communication made through the platform. This applies in particular to the competition law, copyright, trademark law, patent law, utility model law and design patent law specifications.
§ 4 Registration, Payment Terms
(1) Registration is required before the platform can be used. During the registration process the user receives a self-defined username and password. The user is obligated to keep the password confidential and to prevent third parties from gaining unauthorized access to it.
(2) The prices for use are taken from the ACCESS aeronautics current price lists. All prices indicated are annual net prices and are understood to be in addition to the respective legal sales tax (VAT) in effect.
(3) The fees are due to be paid one year in advance from the initial creation of the company profile.
(4) The invoice will be forwarded in written form (e-mail), or, if requested, forwarded in written form per mail.
(5) If the fees cannot be collected then the user carries the resulting costs, in particular bank fees, returned direct debit fees or similar.
(6) The user is authorized to offset costs with counter claims or to assert retention rights only if the counter claims are asserted indisputably and legally binding, or if they are accepted by the bavAIRia incorporated society.
§ 5 Right of Use, Intellectual Property Rights
(1) The information and content provided by the user in his/her company profile are visible and retrievable to all other registered users on the platform and can be researched using special search tools.
(2) The user grants the bavAIRia incorporated society a basic right of use of the information and content provided by the user for the duration of the contractual relationship.
§ 6 Amendments to the Contract/Contract Adaptations
(1) These GTC as well as the price list can be changed by the bavAIRia incorporated society. Changes made to the scope of services and the fees are only valid if the changes are within reason.
(2) The user will be informed of any changes in written form (e-mail) at least one month before they come into effect.
(3) In the event of changes, the user has the right to terminate the contract without notice at the time the changes come into effect.
(4) The GTC apply as stipulated in the modified version if the user does not terminate the contract or continues to use the platform incontestably after the changes have come into effect.
§ 7 Duration of Contract, Termination
(1) The contract is entered into for an indefinite period of time and can be terminated by either side one month in advance from the end of the calendar month.
(2) Termination of the contract for cause remains unaffected.
(3) Termination of the contract must be made in written form.
(4) Payment of fees made in advance and unused user fees will be refunded proportionately by full months. That is to say that for every remaining month in which the platform is no longer used following a legally effective termination, 1/12 of the pre-paid annual fee respectively will be refunded.
§ 8 Data Protection
(1) The user is aware that any information or content that he/she provides in his/her company profile is visible to and retrievable by all other registered users.
(2) Furthermore the bavAIRia incorporated society collects and processes personal information only as far as is necessary for the reasons and development of the contractual relationship, for the operation of services and for invoicing purposes. The legal terms of the data privacy laws are observed.
§ 9 Liability
(1) The bavAIRia incorporated society is liable for the default of its vital functions, staff members or vicarious agents without restriction in the event of deliberate acts or gross negligence.
(2) In the event of basic negligence, the bavAIRia incorporated society is liable only for damages affecting a breach of contract and that were typically foreseeable.
(3) The bavAIRia incorporated society is not liable for damages due to disruptions outside of their sphere of influence (i.e. acts of God, industrial action, electrical power outage, failure of public communication network lines).
(4) Liability for injuries to life, limb or health as well as those pursuant to the Product Liability Act remains unaffected.
§ 10 Place of Fulfillment, Place of Jurisdiction
(1) Place of fulfillment for all services and obligations from the contractual relationship with the user is Munich, Germany.
(2) For users who are merchants, corporate bodies under public law or public law special funds, Munich is agreed as the place of jurisdiction.
§ 11 Severability Clause, Modifications
(1) Should single clauses in these GTC be or become ineffective, then the remaining clauses remain unaffected.
(2) Unless otherwise stated or agreed upon, changes or modifications to these conditions must be made in writing.
§ 12 Applicable Law
This agreement is construed and subject exclusively to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.