General terms of business The following general terms of business apply to all contracts, supplies and other services from Flight Preparation Center (FPC). § 1 Formation of contract 1.1 The legal relationship between FPC and its customers conforms exclusively to the following regulations. Any general terms of business on the customer’s part do not apply. The exclusion of such general terms of business does not require an explicit statement from FPC. Any variant regulations are only valid upon written confirmation by FPC. 1.2 FPC reserves the right to change these general terms of business at any time. In cases where such a change comes into force between the placing of an order and the implementation of an order, the changed version is valid for as long as the customer does not object. In cases of customer objection, the previous version is valid. § 2 Services 2.1 FPC provides its services on the basis of the currently valid schedule of services and price list. 2.2 FPC reserves the right to refuse short term orders if proper completion of the order can no longer be guaranteed. FPC will draw attention to such a reason for refusing an order. In such cases, if the customer places the order nevertheless, then FPC carries no liability for any defects in services that come about as a result of insufficient time. § 3 Remuneration 3.1. The price of services provided by FPC is in accordance with the price list published at the time of placing the order. 3.2. Where the FPC activity consists only of the procurement of the services of a third party (e.g. for fuel pur-chase) only the act of procurement is charged for in the remuneration. The customer is required to pay the third party straight away for the service procured. § 4 Payment 4.1 Payment to FPC is due immediately and payable in full to the FPC bank account within two weeks of re-ceipt of invoice. 4.2 In cases of delayed payment, the customer is obliged to pay FPC interest at 5% over the base rate, or 8% over the base rate if the customer is a business. Furthermore, FPC can demand higher interest rates for other legal grounds. FPC expressly reserves the right to assert further claims for damages. 4.3 The debtor is the person who places the order with FPC. This does not apply where the ordering party is acting on behalf of a third party, and discloses this on placement of the order along with the name and address of the customer. 4.4 A customer acting as a business is not entitled to charge up counterclaims, to right of retention or to assert a defence for an unfulfilled contract against FPC. This does not apply to consumers who can offset claims that are undisputed or recognized in law against receivables. § 5 Complaints Complaints must be made in writing to FPC within a cut-off period of three weeks from execution of the order. On expiry of this period, FPC is no longer obliged to process the complaint. § 6 Force majeure In cases where FPC cannot perform the required service due to force majeure, FPC is relieved of its service obligations for the duration of the hindrance. § 7 Liability 7.1 FPC is only liable in cases of wilful intent or gross negligence. This does not apply to cases as stated in § 309 Paragraph. 1, No. 7 of the German Civil Code (Bürgerliches Gesetzbuch) (exemption from liability for violation of life, body and health) or to violation of contractual obligations with respect to foreseeable dam-age. Such liability also applies to persons employed in performing an obligation for FPC. 7.2 FPC is not liable for any fault of a third party, whose service has only been procured by FPC. § 8 Data protection The customer declares his agreement that all customer data required for the proper fulfilment of an order in accordance with the German Federal Data Protection Law (Bundesdatenschutzgesetz BDSG), Tele-communication Law (Telekommunikationgesetz TKG) and the Tele Services Data Protection Law (Teledi-enstdatenschutzgesetz TDDSG) is stored by FPC and further processed. FPC undertakes to comply with all legal data protection regulations. § 9 Final clauses 9.1. These terms of business are subject to German law. 9.2 If the customer is a businessperson, a corporate body under public law or a public service fund or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction is the FPC registered office. 9.3 Should any of the regulations in these terms of business be partially or completely ineffective, or not enforceable, or point to a gap in the law, all the other regulations in these terms of business remain unaffected. In this case, the ineffective clause is to be replaced by an effective, enforceable regula-tion that comes closest to the commercial and legal purpose of the ineffective clause. The same ap-plies for closing a gap in the regulations. 9.4 Any changes or supplements to these conditions must be made in text format. The same applies to changes in the text format requirement.            Contact  |  legal notice  |  Standard-form contract conditions Deutsch  :::  English