Translation of General Terms and Conditions of AET Aviation Training & Consulting GmbH
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Original and contract is based soley on the German version
The following contractual terms and conditions are used by AET Aviation Training & Consulting GmbH (hereinafter referred to as "AET") in relation to its contractual partners (hereinafter referred to as "Client") for the provision of services.
1 Subject matter of the contract
a) AET offers both prospective and already trained pilots training materials such as e-books, audio and video courses, software and training services that serve to prepare for professional commercial pilot tests. In addition, AET also offers the planning and organisation of training courses and examinations for professional pilots who wish to obtain or acquire a licence for a specific aircraft type.
b) The service to be provided by AET as part of the training offered includes instruction in the examination subjects of the selected airline and the processing of questions relevant to the examination. If a customer decides in favour of a training course or examination, a service contract is concluded between the customer and AET. The customer can find the training content and procedure of the selected training course in the offers on the AET website.
c) The training materials offered by AET enable the customer to prepare independently for the pilot examination he/she wishes to take within a certain contractual period on the basis of the respective programme content. If a customer chooses the training software offered by AET, a licence agreement is concluded between the customer and AET on the basis of these General Terms and Conditions (GTC). The customer can find the exact content of the selected software in the offers on the AET website.
d) Both the training courses offered by AET and the training materials provided to the customer are based on the examination requirements of the respective airlines. However, the selection of the training content, the exam questions to be worked on and the aids used in the lessons is the sole responsibility of AET and may differ from the actual exam questions and content. The duration of the selected training course depends on the training program chosen by the customer.
2 Conclusion of contract
a) The product descriptions on the AET website do not constitute an offer in the legal sense. Rather, the customer is only given the opportunity to submit an offer to conclude a contract with AET. The customer's offer to AET is made by completing the order or registration process on the website.
b) By completing the order or registration process on the website www.aet-aviation.de and sending his contractual declaration (clicking on the button "Order now"), the customer submits an offer within the meaning of § 145 BGB for the first time. Immediately after receipt of the contractual declaration by AET, the customer receives a confirmation in text form, which again contains all contractual conditions, as well as all information to which AET must refer in accordance with the statutory provisions, in particular the exact designation of the selected subject matter of the contract (training material or training offer), the invoice, the statutory cancellation policy and the terms and conditions of AET. We recommend saving the confirmation sent in text form by email, printing it out immediately and keeping the printed confirmation for documentation purposes.
c) The confirmation, which the customer receives immediately after receipt of his contractual declaration by AET, does not constitute acceptance and therefore does not yet lead to the conclusion of the contract. It only documents the receipt of the customer's contractual declaration by AET. The contract between AET and the customer is only concluded when AET expressly accepts the customer's offer either by separate notification in text form or in writing, by sending the training documents that enable the customer to download them directly to his computer or by confirming the training dates, e.g. for simulator training or interview training.
d) The essential features of the selected training or training materials, which are the subject of the contract concluded between AET and the customer, are communicated to the customer as part of the confirmation sent and otherwise result from the product descriptions of AET.
e) AET reserves the right to change dates for agreed training courses and examinations for good cause. If a change means that a course participant cannot attend the booked training course, the fee paid will be refunded.
f) The customer must have reached the age of 16 in order to be able to make a legally binding contractual declaration.
g) The contract language is German.
h) Your personal details, together with the text of the contract and all terms and conditions that have become part of the contract, are automatically saved and can be retrieved as required. Nevertheless, we recommend that you print out the input mask together with the General Terms and Conditions as a precaution when ordering via our homepage.
3. terms of payment
a) Payment by the customer must be made in advance and can be made by credit card, instant bank transfer, bank transfer, internet payment service (Paypal), Apple Pay, Google Pay or by invoice.
b) If the customer has decided to download the training materials directly onto his computer, he will receive his personal download ID within the same period after receipt of payment. If a training course is selected, a binding confirmation of registration will be sent within the specified time period, which completes the conclusion of the contract. Please inform us immediately by email to office@aet-aviation.de.
c) If there is a chargeback or return debit note caused by incorrect information provided by the customer or lack of funds in the account, the customer shall bear the costs incurred by AET in the amount of 15 €. The customer reserves the right to prove that the actual costs are lower.
d) The prices shown on the website of AET are inclusive of VAT. As far as services of AET are exempt from the statutory value added tax, this is expressly pointed out.
4. licence conditions for the training materials of AET
a) If AET makes the training material available to the customer in accordance with the contract, the customer has the right to use it via his personalised online access. The right of use begins with the activation of the access. The authorisation of use ends after completion of the actual test procedure with the desired airline. The period of use can be extended on the basis of a separate written agreement between the customer and AET. A written request from the customer by email is sufficient for this.
b) The customer has the right to use the training materials in accordance with the provisions of this contract. The right to obtain updates exists within the first 12 months from the start of the usage authorisation. AET shall provide the customer with support by email or telephone - if necessary - for a period of 12 months.
c) The customer is not authorised to edit the training materials or to influence them in any other way, in particular to reverse engineer, decompile or disassemble them.
d) The training materials provided to the customer are protected by copyright. The customer is not authorised to rent, lease, lend, make available to third parties or sell the training materials. There is also no authorisation to use the training materials in connection with training courses and seminars of other providers other than AET.
5 Cancellation/withdrawal/warranty
a) If the customer chooses a training course, a service contract is concluded by the binding conclusion of a contract with AET. In principle, the statutory provisions on cancellation of the contract apply; express reference is made to § 626 BGB (cancellation for good cause).
b) Insofar as deadlines are specified in a contract, these are fixed transactions. Changes can only be made by express confirmation by AET.
c) If a selected course is not started by the customer without a justified reason or is cancelled without a justified reason, the course fees will not be refunded. If the course participant can prove that AET has incurred less damage than the course fee due to the non-attendance or cancellation of the course, AET will refund the course fee in this amount.
d) Insofar as the cancellation option has not been excluded in the individual contract, the customer is granted the right to cancel the contract without giving reasons. The cancellation must also be submitted in text form and received by AET. Proof of receipt is the responsibility of the customer.
e) If the customer has booked a training course as part of a seminar, he/she may cancel up to 14 days before the start of the course. In this case, only an expense payment of 50 euros remains due. If the customer cancels 14 to 7 days before the start of the seminar, 50% of the course fee shall remain due. If the cancellation is made less than 7 days before the start of the seminar, the full course fee remains due. Cancellation must be made in writing. However, in the event of cancellation, the customer may nominate a replacement person to take part in the course.
f) If the customer has booked a simulator training course or exam and a contract is cancelled by the customer in this way, the following flat-rate cancellation fees shall apply as compensation for damages and loss of profit. The customer reserves the right to prove that no damage or less damage has been incurred. Of the agreed price, the following one hundred rates are charged as cancellation fees:
More than 65 days before the start of the training 0 %, 65 to 35 days before the start of the training 50 % less than 35 days before the start of the training 100 %. In any case, however, a minimum expense payment of 50 euros for planning and organisation is due.
g) If the customer has booked an interview coaching, he can cancel it up to 14 days before the start of the training. In this case, only an expense payment of €50 plus a payment of €200 for the digital training materials remains due. If the customer cancels 14 to 7 days before the start of the seminar, 50% of the course fee remains due. If the cancellation is made less than 7 days before the start of the seminar, the full course fee remains due. Cancellation must be made in writing. However, in the event of cancellation, the customer may nominate a replacement person to attend the training course.
h) If the customer selects training materials, a binding licence agreement is concluded with AET.
i) With regard to the training courses, training materials and software offered by AET, the following also applies: AET offers software and training services to prepare the customer for the intended pilot test. Part of the service offered by AET is not to convey or communicate to the customer the specific examination questions to be expected in the intended examination. As the specific contents of the examination change repeatedly, this would not be possible. AET would also like to point out that no guarantee can be given for passing the examination in question. Naturally, passing the examination depends on many factors over which AET has no influence.
j) AET itself reserves the right to terminate the contract without notice, even during the performance of the service, if the customer does not comply with the trainer's instructions or otherwise impairs or prevents the performance of the contract. In this case, the customer will not be reimbursed for services already rendered and AET also reserves the right to demand compensation in addition to the service.
k) If the performance of a service owed by AET becomes impossible due to events of force majeure, including war, natural disasters, earthquakes or labour disputes, which are unforeseeable and unavoidable and which are beyond the control of AET and for which AET bears no responsibility, this releases AET from the provision of the service owed on the date so affected. The appointment will then be made up in a timely manner. If a rescheduling is not possible within a period of three months after the originally agreed date, the customer is entitled to withdraw from the contract. The cancellation must be declared to AET in text form. The customer bears the burden of proof for the receipt of the cancellation.
l) As far as possible, the customer must be informed of the delay in text form immediately after recognising the reason for the delay. In order to prove compliance with the information obligation by AET, proof of dispatch of the information in text form is sufficient.
m) Should circumstances arise according to which AET, through no fault of its own and through no fault of a vicarious agent, does not provide contractually agreed services for the customer for reasons other than those mentioned above, the obligation of AET towards the customer is only to grant the customer (at no additional cost) the use of the contractually owed service on an alternative date suitable for the customer.
n) If the customer is late for an agreed appointment, the customer can decide whether to utilise the shortened time or request an extension to the agreed duration. In the former case, the agreed remuneration shall remain unchanged; in the latter case, the customer shall bear any additional costs incurred for the trainer and simulator. The second option applies subject to actual possibility. If it is not possible for the trainer to extend the time or if the simulator cannot be made available for a longer period, there is no option.
o) If the customer arrives late due to force majeure, these regulations apply and the date is to be postponed in accordance with the provisions of the clauses mentioned. The customer should inform AET as soon as possible after recognising the reason for the delay about the circumstance and the expected duration of the delay. If no information is provided in good time, AET's claim to remuneration remains in full, otherwise the customer's right to choose applies, as mentioned above.
6. limitation of liability
a) AET is liable for damages to the customer due to own, intentional or grossly negligent fault without limitation. Also, for personal injury, damages under the Product Liability Act or other producer liability and damages caused by delay, the liability of AET is unlimited in accordance with the statutory provisions. This also applies to damages caused by vicarious agents of AET.
b) Insofar as there is no liability on the part of AET due to an assumed guarantee, AET is liable for damages caused by it or its vicarious agents through slight negligence only insofar as these are based on the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. The liability of AET for simple negligence is limited under this provision to typically foreseeable damages that were reasonably foreseeable for AET at the time the contract was concluded.
c) A limitation or exclusion of liability of AET also applies in favour of its representatives and vicarious agents.
d) The liability of AET is limited to damage to life, limb or health caused by negligent or intentional breaches of duty by AET or its vicarious agents. The amount of liability is limited to the maximum amount that AET's insurance provides for such cases. This is 3,000,000 euros.
For all other cases of damage to legal assets other than those mentioned above, AET itself and its vicarious agents shall only be liable in the event of gross negligence and in the event of willful misconduct.
e) AET gives the customer no guarantee that by completing the training the customer will acquire the ability to obtain a licence, a certificate or an assessment. AET only owes the contractual performance and no further performance success of the customer.
7. regulation for the safe procedure
a) For his own safety, the customer must follow the instructions of the trainers without restriction. This obligation begins when entering the training facility and ends when leaving. Violations by the customer may result in the training session being cancelled immediately.
b) Before the start of the training session, the customer shall receive an introduction to the applicable safety regulations on the premises and on the simulator. The customer is responsible for complying with these regulations. The time allotted to the briefing is not part of the chargeable training session. The instruction will be given verbally.
8. Insurance
a) If there is an insurance obligation for the customer for the contractual services, the customer must fulfil this obligation independently. AET assumes no liability for risks insurable by the customer, regardless of whether the customer has appropriate insurance or not. The obligation to make enquiries as to whether insurance is compulsory or not is the responsibility of the customer.
b) AET assumes that the customer has liability insurance and accident insurance. If the customer does not have this insurance, any risks and damages that arise and are realised shall be borne by the customer and the customer shall be liable.
c) Since high costs may be incurred in the event of a liability claim caused by the customer, AET reserves the right to demand proof of the existence of the customer's private liability insurance and to withdraw from the contract if this is not provided. In the event of such a cancellation, the customer must compensate AET in full for any costs already incurred, as the failure to provide liability insurance in this case is considered a breach of the contract between AET and the customer.
9. copyright, records and confidentiality
a) For documents that are provided to the customer in the course of the execution of the contract, the copyright to their content remains with AET and is not transferred to the customer. The customer is not permitted to use data, information and documents received in this way in favour of third parties or to make them available to third parties at the expense of AET. It is prohibited to reproduce the documents thus provided without the written consent of AET. This does not apply to reproduction for purely personal use by the customer himself. Digitisation does not count as reproduction, but the provision of a digital form as a third party does. Third parties within the meaning of this agreement are all natural and legal persons who are not part of the contractual agreement between AET and the customer.
b) The documents provided are solely for the purpose of training the customer. They are neither suitable nor intended to be used in any other way. The customer is prohibited from using the documents other than for training purposes. AET accepts no liability if these documents are used for purposes other than those for which they were intended. In particular, the documents are not intended to be used in active flight operations or for aircraft maintenance.
c) It is not permitted to take photographs or make video or audio recordings of the training session or parts of the training services or of the premises or on the premises without the express written authorisation of AET. Violations will result in the immediate cancellation of the services. Image, video or audio recordings made without consent must be deleted on request and proof of deletion must be provided. AET and its vicarious agents are entitled to demand the surrender of the data carrier for the purpose of deletion. Infringements by the customer will be prosecuted under civil and criminal law. The costs of legal action shall be borne by the customer.
d) The content of this contract and the documents provided are subject to the confidentiality of the parties and are not to be made available to third parties. This restriction does not extend to organs of the administration of justice.
e) The customer is not permitted to name AET as a reference to third parties.
10. Amendments
a) Amendments, adjustments and waivers regarding the concluded contract and these terms and conditions can only be declared and agreed in writing. This also applies to changes to the written form clause. The written form for the amendment is exclusively the form according to § 126 BGB. Fax, SMS, WhatsApp messages do not constitute written form within the meaning of this clause. Declarations made in this respect other than in writing are invalid.
b) Should the customer also be the user of general terms and conditions, these are rejected by AET and expressly do not become part of this contract.
c) The customer is not permitted to assign claims against AET or its vicarious agents to third parties. Such a declared assignment will not be honoured by AET. This only applies if the written consent of AET is obtained prior to the assignment.
d) AET is entitled to assign its own claims against the customer, in particular the remuneration claim to third parties. The customer must be informed of the assignment. The notification after assignment is sufficient. The notification shall be made in text form.
e) The offsetting of the customer with his own claims against claims of AET is excluded. However, this exclusion does not apply to undisputed and legally established claims of the customer.
f) This provision does not apply to the declaration of cancellation.
11. severability clause and ancillary agreements
a) If one or more of the provisions of these General Terms and Conditions is invalid, subsequently becomes invalid or is legally determined to be invalid, the remaining provisions of the contract and these General Terms and Conditions shall remain unaffected. In this case, the parties undertake to agree a new agreement for the invalid clause that is as close as possible to the invalid provision, but in accordance with the rules for which the original clause was declared invalid.
2. there are no verbal collateral agreements to this contract or these general terms and conditions. After conclusion of the contract, clause § 10 shall apply to amendments and adjustments.
12. Cancellation policy
Right of cancellation
You have the right to cancel your contractual declaration within 14 days without giving reasons. The cancellation period is 14 days.
- in the case of a service contract (e.g. a training contract) that you have concluded with us, from the day the contract is concluded;
- in the case of a contract for the purchase of digital content that is not delivered on a physical data carrier (e.g. the download of training software), from the day the contract is concluded;
In order to exercise your right of cancellation, you must inform AET Aviation Training & Consulting GmbH, represented by its Managing Director Mr Hüseyin Yildirim, Fliederweg 28, 52078 Aachen, Email: office@aet-aviation.de, of your decision to cancel this contract.
You can use the attached sample cancellation form, but this is not mandatory.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form):
To AET Aviation Training & Consulting GmbH ,
Fliederweg 28, 52078 Aachen, Germany,
E-mail: office@aet-aviation.de
I/we * hereby cancel the contract concluded by me/us * for the purchase of the following goods */ the provision of the following services
ordered on */ received on
Name of the customer(s)
Address of the customer(s)
Signature of the customer(s) (only for notification on paper)
Date
*delete as appropriate"
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Exceptions to the right of cancellation
The right of cancellation does not exist or expires for the following contracts:
For the delivery of digital content that is not on a physical data carrier, such as ebooks, audio or video recordings, any software, if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the cancellation period expires and have expressly confirmed that you are aware that you will lose your right of cancellation by giving your consent at the start of the execution of the contract.
This also includes (but is not limited to) the binding and chargeable booking of a flight simulator, training room, instructor or examiner. Any costs incurred in this way must also be reimbursed by you if you exercise your right of cancellation if you make use of the aforementioned option. If you do not make use of this option, the provision of services will only begin after the cancellation period granted has expired.
The right of cancellation also only exists if you are a consumer within the meaning of Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. If you are not a consumer, you have no right of cancellation.
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Consequences of cancellation
If you cancel this contract, we must refund all payments that we have received from you immediately and at the latest within 30 days of the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If, in the case of a service contract (e.g. training contract), you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
13 Final provisions
a) Only the law of the Federal Republic of Germany shall apply to this contract and these terms and conditions.
b) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider. The same applies if the customer does not have a place of residence or habitual abode in Germany.
c) If individual provisions of this contract or these GTC are or become invalid, this shall not affect the validity of the remaining provisions.
d) All illustrations and texts on the AET website are protected by copyright. The same applies to software and teaching materials offered by AET. Any use beyond the contractual provision is prohibited.
e) AET is not prepared to participate in dispute resolution proceedings before a consumer arbitration board.