Terms and conditions
§ 1 Scope / Definition
(2) AirCraft24.com reserves the right to amend these terms at any time without prior notice, whereby Dealers shall be notified of the amendments via e-mail four weeks before they take effect. The amended Dealer-Terms shall be deemed accepted, unless a Dealer files an objection within two weeks of receiving such notification. AirCraft24.com shall in the e-mail containing the amended Dealer-Terms, draw Dealer’s attention specifically to the consequences of observing silence.
§ 2 License Agreement
(1) Dealer, upon completing the registration form online or submitting it by fax, shall be deemed to have offered to license the database against payment. Acceptance of this registration and consequent execution of a contract shall be in the form of an e-mail confirmation issued at the sole discretion of
§ 3 Database Use
(1) AirCraft24.com warrants accessibility to the database, provided it is technically and operationally possible.
AirCraft24.com shall not be held responsible for any temporary malfunctions arising from causes such as the loss of electrical power, overloading of the telecommunications network, breaks in lines, or other technical problems encountered by the provider, over which
AirCraft24.com has no influence.
§ 4 Advertisements
(1) Dealer is obligated to place only proper offers for sale of aircraft in the database, and to enter these conscientiously and factually through the input mask made available, while including all significant facts, figures, and faults that may affect a decision to purchase.
§ 5 Fees
(1) During the trial period, Dealer shall have free use of the platform. Private advertisers can advertise at the one-time fees listed on the site.
(2) The fees for the periods of use stated on the Web site at the time of contract conclusion shall apply. These fees are net rates subject to any statutory VAT due under the Laws of Germany.
(3) AirCraft24.com reserves the right to raise its fees following contract execution to reflect higher costs, especially for taxes, wage agreements, social security benefits, telecommunications, or due to changes in market conditions. Dealer shall be notified of any fee increases in writing or by e-mail at least four weeks in advance of their going into effect. Such an increase shall be deemed accepted, unless Dealer objects to the new fees before they become effective. AirCraft24.com shall, in the e-mail or correspondence regarding the new fees, draw Dealer’s attention specifically to the consequences of observing silence.
(4) Dealer shall be entitled to rights of offset only if its counterclaims are established legally, or if AirCraft24.com either does not dispute such claims or accepts them. Dealer may exercise a general lien only if its counterclaim is based on the same contractual relationship.
§ 6 Payment Terms
(1) Dealers monthly fees shall be due and payable monthly in advance on the fifteenth (15) day of each month starting in the month following registration, whereby payment on an annual basis shall be due once a year on the fifteenth (15) day of the month following registration.
(2) The method of payment shall be as contractually agreed. Dealer shall issue an automatic draft order for direct debits. In the event of insufficient funds to cover the direct debit, Dealer shall be responsible for all costs that arise as a consequence of nonpayment, provided Dealer is responsible for the lack of adequate funds in the account at the time of direct debit.
(3) In the event of default of payment, AirCraft24.com shall be entitled to block the sales offers placed by Dealer until the contractual payment due is received from Dealer (general lien). The rights of AirCraft24.com to claim damages and to terminate the contract due to default of payment shall remain in effect.
§ 7 Contract Term
(1) The free trial period shall terminate automatically without notice.
(2) The contract term against payment shall be for a period of one (1) month, commencing upon receipt of a confirmation e-mail from AirCraft24.com sent after submission of the registration form. This term may only be cancelled effective the end of the term.
(3) The contract shall renew automatically for an additional month, unless terminated with a notice of six (6) weeks before expiry of the existing or extended contract term. The right to immediate termination for just cause shall remain in effect.
(4) The contract may be terminated by sending notification via e-mail to info@AirCraft24.com or in writing or by fax.
§ 8 Warranty / Liability
(1) Dealer’s warranty rights require Dealer to evaluate the services provided by
AirCraft24.com and to notify the latter, either in writing or by e-mail, no later than four working days of observing any relevant malfunctions.
§ 9 General Liability
(1) Any liability beyond the damage claims stated under §10 shall be precluded, without regard to the legal nature of the claim. This applies in particular to damage claims for default on contract execution, or due to other breaches of duty, or due to claims for offenses under § 823 of BGB (German Civil Code).
§ 10 Responsibility for the Content
(1) Dealer shall be solely responsible for the correctness and legitimacy of any information provided. Dealer shall be obligated to ensure that such information or content, directly or through
AirCraft24.com, does not infringe upon these Dealer-Terms, applicable national or international laws, and/or rights of third parties, in particular with respect to copyrights, trademarks, rights to a name, personal rights, or patent rights, etc.
§ 11 Rights
(1) AirCraft24.com is the rightful owner of and holds exclusive rights to the Web site and the database, and all copyright, trademark, and other intellectual property rights in respect of the Web site, database, content, information, and other elements. Any rights held by Dealer shall not be affected by this provision.
§ 12 Data Privacy
(1) The information provided by Dealer shall be treated in compliance with German Data protection laws, such as the Teledienstdatenschutzgesetz (TDDSG) and the Bundesdatenschutzgesetz (BDSG), whereby
AirCraft24.com is entitled to process personal information necessary for handling contract information, providing services (usage / license), and invoicing.
§ 13 Governing Law
All legal relationships between the parties shall be construed in accordance with the Laws of Germany, under exclusion of all material and procedural legal norms of other jurisdictions. The UN Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.
§ 14 Place of Jurisdiction
The place where AirCraft24.com is seated shall be the place of jurisdiction for all disputes in connection with these Dealer-Terms, provided Dealer is a businessperson. This shall also apply if Dealer is not generally domiciled in Germany or moves its domicile outside of Germany after contract execution. AirCraft24.com shall be entitled to file charges at Dealer’s place of business.
Updated: Feb 20, 2008