Terms & Conditions

CONTRACT

TRANSLATION IS FOR INFORMATION PURPOSES ONLY. THE GERMAN ORIGINAL VERSION IS LEGAL AND BINDING.

ÜBERSETZUNG DIENT NUR ZU INFORMATIONSZWECKEN. DIE DEUTSCHE ORIGINALVERSION IST RECHTSGÜLTIG UND BINDEND.

1. Applicability

These general terms and conditions of business shall apply to the use of the ProPilots internet portal and for all contracts customers conclude for goods of ProPilots GmbH (hereafter called “ProPilots”; for detailed information on the vendor see paragraph 2 of the General Terms and Conditions). Goods in this sense include but are not limited to animation training sessions or rather online video training sessions, as a single product or as a subscription as well as licences for the use of online video training sessions via the ProPilots internet portal or according to separately agreed licence contracts. Only the General Terms and Conditions of ProPilots GmbH in the version valid at that time will apply.

ProPilots reserves the right to change the General Terms and Conditions at any time and in particular adjust them to changes of legal or economic circumstances. The changes become effective with the following order of the customer through the ProPilots internet portal. Deviating terms and conditions of the respective contracting party are explicitly excluded.

2. Conclusion of contract

2.1

The order of the customer shall be a binding offer for conclusion of a contract for the use and employment for the ordered online training. The contract for the use and employment is concluded by ProPilots explicitly accepting the order or fulfilling it by providing access to the ordered online training within 14 days of ProPilots receiving the order. After this period of time the customer is no longer bound to the contract and the contract for the use and employment is considered not to have been concluded.

2.2

The offer for conclusion of a contract for the use and employment liable to costs is made by the customer by successfully completing the marked steps in the order process. During the process of ordering the customer shall have the opportunity to check his information for correctness before transmitting the order to ProPilots.

2.3

On completion of the order process a confirmation including these General Terms and Conditions will be transmitted by ProPilots to the customer via e-mail.

2.4

The contract for the use and employment shall allow the customer to use the online training or rather the respectively licensed animation against payment and for a limited time. The validity in return for payment is 12 months. It is possible to extend the user time through payment of further licence fees. The customer receives a corresponding email notification 6 weeks before the 12 month validity expires that the user licence for the contractually closed validity is expiring.

2.5

The conclusion of a sales contract on the respective online training or rather the respective animation movies is explicitly excluded.

2.6

Commercial customers (Flight Training Organizations, Commercial Operators, etc.) require a written offer for the use of the ProPilos training software within their company. Closing a contract via the Internet / Web portal is not available and always requires an individual written tender. All fees respectively licence fees for commercial customers (Flight Training Organizations and Commercial Operators) do not include the respective Value Added Tax (Net Prices).

3. Duration of contract / Cancellation

3.1

The minimum duration of contract for the training subscription is 12 months for annual subscriptions - unless otherwise agreed individually - and begins with the day of access provision. The contract automatically expires for both contracting parties after the minimum duration of the contract has passed. Exception: When the minimum term of contract has been prolonged by a written tender.

3.2

The right to terminate the contract for significant reasons remains reserved for both contracting parties. A significant reason for ProPilots is assumed particularly, if the customer significantly violates the conditions of contract and licence. This includes in particular the customer unlawfully giving third parties complete or partial access to the contents of the animation training.

4. Fees

4.1

As a licence fee or rather user fee the one that arises from the actual data on our web site (or from our price lists, etc.) is assumed to be agreed. In case of spelling, printing or calculation errors we reserve the right of withdrawal.

4.2

The fees respectively licence fees for private customers include the respective Value Added Tax (VAT) (Gross prices).

  • For customers from other EU Countries the valid VAT may change and will be adopted automatically for each respective country. This is why the depicted gross prices may differ. For commercial customers the sale of the training software via the platform www.propilots.de / www.propilots.com is not possible. A possible purchase is not valid and a user´s contract will be considered as not closed.

5. Access authorization

5.1

If not explicitly stated otherwise or agreed with ProPilots, in case of ordering an online training or a animation the customer acquires a personalized access authorization for the online platform of ProPilots, which shall exclusively allow namely registered users the use of the ordered animation training (“named user licence”). ProPilots will provide access to the ordered animation training without undue delay, in any case within 3 days. The user shall be entitled to unlimited use of the animation training by means of “streaming” on the web browser for the agreed period of use.

5.2

Transfer of the access data or rather a hand over of the access and/or access data to third parties is prohibited; expect for those which have acquired the company edition license (B2B) only. The customer shall ensure that his access data does not unintentionally come in the possession of third parties.

5.3

If ProPilots has reason to suspect illicit or improper use of the online services, ProPilots reserves the right to take appropriate measures after contacting the customer. These measures include but are not limited to changing the password of the user account concerned, temporary deactivation of access and deletion of the user account concerned. Further claims for damages against the customer remain unaffected by this.

6. Payment, due date

6.1

The customer has to pay the license fee free of charge and without any deductions immediately and in advance for the entire agreed minimum usage time or undertakes to fulfill the required conditions of the used payment provider payment methods offered.

6.2

The customer can choose from the methods of payment offered during the ordering process. The customer declares on registration and the choice of method of payment: debit (authorized collection procedure), credit card or PayPal his agreement that the provider can charge his bank account or his PayPal account or his credit card with the corresponding amounts in advance. The customer receives an invoice per email.

6.3.

The provider has the right to change the fee for the product accordingly for legally specified changes in the turnover tax. In the case of a return debit note incurred by the customer (e.g. when the account has insufficient funds or a return debit from the customer) the provider has the right to invoice the extra costs incurred in particular through bank and administrative charges. The customer, on registration asserts that he is the lawful owner or is authorized to dispose of the bank account, PayPal account or credit card given by him on registration.

Should the customer be in default of payment the provider has the right to block access to the service immediately. The access to the service can also be blocked when the payment information given proves to be false or inadmissible. The block does not however represent the application of right of withdrawal by the provider. The right of the provider to enforce further claims for compensation and the withdrawal from contract on delay of payments is unaffected.

7. Warranty and liability

7.1

ProPilots shall not be liable for the contents of the animation training sessions, particularly the formal correctness and the correctness with regard to contents as well as the legality of the statements, texts, pictures, sound carriers, sound and picture carriers, source texts, instructions, etc contained therein.

7.2

The animation training of ProPilots reflects the current state of art and theory of aircraft in operation. Respective updates concerning the animations are already included in the licence fees. The installation of such updates shall be accepted by the customer. The materials contained in the animation training are solely intended for practice and demonstration purposes. In case of an emergency situation while operating an aircraft the instructions of the respective Flight Manual shall always prevail and shall be observed and applied by the pilot in command.

7.3

ProPilots are not responsible for technical malfunctions in the operation of the ProPilots web sites. ProPilots reserves the right to terminate the services at any time; regardless of the correct processing of already completed conclusions of contract. Despite all due care and the use of current technology ProPilots will not guarantee an uninterrupted access to their servers. A shortterm, temporary failure or a temporary inaccessibility of these servers shall therefore not entitle the customer to withdrawal from the contract or to damage claims.

7.4

The customer is obliged to set up and reserve a sufficiently fast broadband internet connection in order to use the animation module from ProPilots in suitable HD quality. The liability of ProPilots is excluded for technical faults arising thereby from the customer not having a sufficiently fast broadband internet available.

8. Data protection

8.1

The customer consents to ProPilots automation-supported researching, saving and processing of personal data like name, surname, postal code, address, e-mail- address for reasons of concluding and processing the contract.

8.2

Our customers are regularly informed about news, software updates, product information, current events etc. The customer agrees to the subscription of the newsletter. The customer can revoke his consent to the subscription of the newsletter in writing at any time.

9. Applicable law, place of performance and court of jurisdiction

The law of the Federal Republic of Germany shall be applicable. The provisions of UN sales law shall not apply. The place of performance for both parties shall be Bonn. Court of jurisdiction for all litigations resulting from the contract, in case that the buyer is registered trader, shall be the court of pertinent competence in Bonn/Germany.

This shall also be the case for litigations from issued cheques and for litigations from illicit acts.