1. Range of Application
1.1 The following terms and conditions (AGB) are part of the contracts relating
to participating in a flight simulation, concluded between the customer and
ProFlight GmbH, represented by its Managing Director Walter Drasl, Kleiner Ort
5, 28357 Bremen, hereinafter referred to as ProFlight.
1.2 Subsidiary agreements and other variations that change the scope of the
contractual services require our explicit confirmation.
1.3 Individual agreements between the parties (including agreements, additions
and amendments), in all cases prevail over these terms.
1.4 Customers for the purposes of the present conditions are both consumers and
business clients.
2. Conclusion of Contract
2.1 The contract will come about as follows:
The list of flight simulations shown on the website proflight.com is not an offer in the legal sense.
By submitting his request, the customer declares his binding offer. Errors can be corrected before submitting the order using the usual keyboard and mouse functions. By clicking submit to "request" you send a binding offer to buy.
Upon receipt of the offer at ProFlight, customer receives an automatically generated e-mail that lists the receipt of the application and its particulars. This confirmation does not constitute acceptance of the offer by ProFlight. The acceptance is made either expressly or by sending the invoice.
2.2 The contract will be filed by ProFlight and will be sent to the customer
along with Terms and Conditions via e-mail.
2.3 You can book your participation in person, by phone or in writing.
3. Services, Dates
3.1 The range of the contractual services are described bindingly only on the
website proflight.com and in the specifications of the invoice.
3.2 After receiving the confirmation / invoice and setting the payment of the
invoice, the participant contacts ProFlight for an agreement upon his preferred
flight simulator date.
3.3 The simulator flights are conducted in the free periods in which the
simulators are not required for pilot training. If the desired date should be
needed for professional training, ProFlight will agree with the participant
about a suitable alternative date.
3.4 Participants in the simulator flight have to be 16 years or older.
4. Prices, VAT and Payment
4.1 The listed prices are final prices including VAT.
4.2 Payment options are limited to bank transfer, payment by PayPal and cash.
4.3 The amount designated on the invoice is due immediately or no later than
two weeks after receipt of invoice.
5. Non-Participation, Altering, Substitution
5.1 You may cancel your participation at the simulator flight at any time. The
cancellation must be declared in written form, including your booking number.
5.2 In case of you terminating the contract or not arriving at the flight simulator,
we can demand adequate compensation for our provisions and expenses. In
calculating the compensation, possible saved expenses or possible other uses of
the simulator shall be considered.
5.3 The amount of reimbursement is calculated from the payment less a handling
charge that we unfortunately will have to ask for. It will be calculated as
follows:
10% of payment up to 30 working days prior to flight date,
30% of payment from 29 to 15 working days prior to flight date,
50% of payment from 14 to 7 working days prior to flight date,
100% of payment from 6 working day prior to flight date.
5.4 Amounts are rounded to the nearest EUR.
Working days are Monday through Friday.
Saturdays, Sundays and Public Holidays are not considered working days.
5.5 Alteration of your simulator booking is possible, administration costs will
be charged at EUR 50 p.p.. Alterations from 14 working days before the event we
consider as cancellation of contract. In this case we will try to book another
subscriber on the vacant simulator space. If we succeed, only the alteration
fee will become due.
5.6 You can always substitute another person not younger than 16 years to
participate in your place.
6. Cancellation Insurance
6.1 In order to avoid charges according to 5.2, 5.3, you may want to conclude a
cancellation insurance. This can be booked at European Travel Insurance AG in
the course of booking procedures.
6.2 Later concluding is possible within eight days after submission of the
offer to participate, has to be completed before the date of the simulator
flight.
7. Liability
For damage caused to other legal interests than to life, body or health,
liability is excluded if the damage is not caused by willful or grossly
negligent behavior of ProFlight, its lawful representative or its agents, and
that behavior is no violation of contract essentials.
This disclaimer does not apply to claims affected by the product liability law.
8. Withdrawal
8.1 You may cancel your booking within 14 days in writing (eg letter, fax, e-mail)
without giving reasons. The term begins with the receipt of the AGB
notification in writing, but not before a contract is concluded and not before
our obligations under Article 246 § 2 in connection with § 1.1 and .2 EGBGB (Einführungsgesetz
zum Bürgerlichen Gesetzbuche) and our obligations in accordance with § 312e 1.1
BGB (Bürgerliches Gesetzbuch) in conjunction with Article 246 § 3 EGBGB are
fulfilled.
8.2 Your notice of withdrawal shall be sent to:
ProFlight GmbH, Kleiner Ort 5, 28357 Bremen, Germany
Fax: +49 (0) 421 24 133-40
eMail: info[at]proflight.com
8.3 In case of an effective cancellation, mutually received benefits will be
reimbursed. Obligations to reimburse payments have to be fulfilled within 30
days.
8.4 Your right of withdrawal expires prematurely if the
contract is fulfilled by both parties at your explicit request before you have
exercised your right of cancellation.
9. Security, ID Card/Passport
9.1 Please note that for entering the premises a valid identity card or
passport is required.
9.2 Your supervisor will match the data requested during the
booking with your ID card.
10. Privacy Policy
10.1 ProFlight uses personal data (such as name, address, payment information)
specified by the customer solely for the purpose of contract processing.
Customer data will be given to third parties only for purposes of fulfilling
the contract.
10.2 With the completion of the contract, including full payment of the agreed
compensation, customer data will be deleted unless a retention is necessary for
legal reasons or customer has explicitly consented to further processing and
use of his data.
10.3 Customer may at any time without charge query about and change the data
stored at ProFlight. Any consent granted may be revoked by customer at any time.
11. Prohibition of photo and video
For security purposes, throughout the premises and during the flight simulator
participation taking of photographs and movies is strictly prohibited.
12. Prohibition of drugs
If the participant is observably under the influence of alcohol or
mind-altering substances prior to simulator flight, the ProFlight
representative is entitled to immediately exclude him from further
participation in the program. In this case the registration fee is not
refundable.
13. Vouchers
All coupons expire after the statutory limitation period of three years. The
term begins at the end of the year in which the voucher has been purchased.
14. Final Provisions
14.1 Should individual provisions of the contract with the customer, including these
General Terms and Conditions, in whole or in part be or become invalid, the
remainder of the provisions shall remain unaffected.
14.2 The relationship between the contracting parties shall be governed by the
laws of the Federal Republic of Germany, excluding the UN Sales Convention
(United Nations Convention on Contracts for the International Sale of Goods,
CISG).
14.3 If the customer is merchant, legal entity under public law or public
special fund, the exclusive jurisdiction for any disputes arising from this
contract is the seat of the ProFlight GmbH.
This is also applicable if the customer has no domicile or habitual residence
in Germany.
14.4 The contract language is German.
