General Terms
This text shall be governed by and construed in accordance with the laws of Germany. The English version of this text is for information purposes only and is not part of this legal transaction. Therefore, in the event of any inconsistency between the German and the English version, only the German version shall apply.
1. General
1.1
The basis for the initiation and implementation of the contractual relationship are exclusively these general terms of business.
1.2
Differing or additional conditions of the contractual partner will not be – neither entirely nor partly – contents of the contract, even if Aviation Technical Training GmbH should not have expressly objected to them.
1.3
The conclusion of contracts as well as any amendments or supplements shall be required in writing.
2. Contractual partner; training requirements
2.1
Contractual partner for Aviation Technical Training GmbH is exclusively the person named as the contractual partner in the registration form.
2.2
If the contractual partner himself does not wish to participate in the training he may name a different person as “participant”. The contractual partner is at any time, up to the beginning of the training, entitled to name in writing a different participant.
2.3
If the purpose of the training is the obtainment of an inspector/certifying staff licence, the contractual partner shall make sure that the required documents for registration for the final examination are submitted to the relevant authority in due time. Furthermore, the contractual partner is responsible for ensuring that the required qualifications for the course he has applied for are fulfilled and confirmed by the relevant authority.
3. Cancellation
3.1
The contractual partner is entitled to cancel the contract free of costs up to six weeks prior to the beginning of the course. Up to two weeks before the beginning of the course 50% of the total costs will be charged, subsequently 100% of the total costs. The date of receipt of payment by AVIATION TECHNICAL TRAINING GmbH shall be decisive for adherence to the time-limit.
3.2
AVIATION TECHNICAL TRAINING GmbH is entitled to cancel the contract before the beginning of the course without any consequences in terms of costs.
3.3.
Right of termination according to German law remains unaffected by the above rights of cancellation.
4. Prices and payments
4.1
The price of the course is stated in the price list or in the form of an offer by AVIATION TECHNICAL TRAINING GmbH.
4.2
Payment is due before the beginning of the course after receipt of the invoice. Receipt thereof by AVIATION TECHNICAL TRAINING GmbH shall be decisive for the timeliness of the payment. Exceptions are personally arranged payment conditions. In the case of outstanding payments, the certificate shall be withheld until receipt of payment.
4.3
Interest on account of delay is calculated at 3 percentage points above the currently valid discount rate of the European Central Bank (§ 247 BGB – German Civil Code), unless the contractual partner proves that AERO-Bildung has sustained significantly lower damages caused by such delay. The right of AVIATION TECHNICAL TRAINING GmbH to assert a claim for higher damages caused by such delay will remain unaffected by this.
4.4
A setoff is excluded, unless there is a counterclaim which is established as final and absolute or undisputed by AVIATION TECHNICAL TRAINING GmbH.
5. Liability
5.1
Contractual and statutory claims for damages of any kind are excluded, unless AVIATION TECHNICAL TRAINING GmbH has caused the damage deliberately or due to gross negligence.. Liability for warranted characteristics as well as for the violation of material contractual obligations shall remain unaffected.
5.2
The limitation of liability according to section 5.1 is valid to the same extent for ’s the organs, employees, auxiliary persons and vicarious agents of AVIATION TECHNICAL TRAINING GmbH.
6. Applicable law and place of jurisdiction
6.1
The law of the Federal Republic of Germany applies exclusively.
6.2
Provided that the contractual partner is a fully qualified merchant, a corporate body under public law, or a special fund under public law, or does not have a place of general jurisdiction in the Federal Republic of Germany, AVIATION TECHNICAL TRAINING GmbH Business Location in 66131 Saarbrücken will be agreed upon as the place of jurisdiction for all disputes resulting directly or indirectly from the business relationship. However, AVIATION TECHNICAL TRAINING GmbH is entitled to file suit at any other court having jurisdiction.