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de 1. Scope of Application, Definitions
1.1 These Terms of Use of Apollodor GmbH, Vollradser Allee 45, 65375 Oestrich-Winkel (hereinafter referred to as “Supplier”) shall apply to all contracts between a consumer or a trader (hereinafter referred to as “User”) and the Supplier relating to services described on the Supplier’ website at www.planningscharts.com (hereinafter referred to as “planningcharts.com”).
1.2 A consumer pursuant to these Terms of Use is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these Terms of Use is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Supplier’s services
2.1 The Supplier provides the User with planningcharts.com, an online service geared for the permanent supply of maps as a supplement for flight preparation and flight operation in digital form. Those maps are provided in digital form (PDF or PNG) for download via the Supplier’s website. In doing so, the User may choose between the tariffs “Free”, “Region” and “World”. The exact service content is outlined in the respective service description displayed on the Supplier’s website.
2.2 Maps provided by the Supplier deviate from official flight maps for professional use relating to civil aviation. They are intended as a supplement for flight preparation and flight operation. In this regard, reference is made to the official flight maps and to the compliance with the respective country provisions and the additional regulations of airlines.
2.3 The User will be provided with maps in digital form (PDF or PNG) for download and for storing on a separate data medium. The User is responsible for complying with the system requirements. The Supplier is not liable for problems the user may face when calling up his contents, if those problems are due to the User’s inadequate system requirements. Furthermore, the Supplier is not liable for establishing and maintaining the data connection between the User’s IT system and the Supplier’s server.
2.4 Provision of planningcharts.com is subject to availability. 100% availability cannot be achieved technically and therefore will not be ensured by the Supplier. However, the Supplier shall endeavor to provide the service without interruption to the greatest extent possible. In particular, maintenance works, safety or capacity requirements as well as events beyond the Supplier’s influence (disruption in public communication networks, power failures, etc.) may cause disturbances or the temporary closing down of the service. The Supplier will carry out maintenance work during low-use periods to the extent possible.
3. Service changes
3.1 The Supplier reserves the right to change services offered or to offer differing services , unless this is unreasonable for the User.
3.2 Furthermore, the Supplier reserves the right to change services offered or to offer differing services,
· where he is obliged to do so due to changes in the legal situation;
· where he complies with a court ruling or an administrative decision addressed against him;
· where the respective change is necessary to close existing safety gaps;
· where the change is solely advantageous for the User; or
· where the change is merely technical and without significant impact for the User.
3.3 Changes with solely insignificant effects on the operation of planningcharts.com do not constitute service changes within the meaning of the aforementioned sections. This applies in particular to changes of purely technical nature or the mere change regarding the arrangement of functions.
4. Registration
4.1 If the User wants to use the Supplier’s services, he must register by specifying his personal data to planningcharts.com prior to the first use of planningcharts.com. Registration takes place by opening a user account the User can set up via the Supplier’s website.
4.2 Registration is reserved for natural persons. Natural persons with limited legal capacity (in particular minors) may only use planningcharts.com with the consent of their legal representative. The Supplier reserves the right to make the use of planningcharts.com subject to the submission of the legal representative’s written consent.
4.3 Each User may set up his user account for planningcharts.com. His right to use planningcharts.com applies only to him personally and is non-transferable.
4.4 All required data in the course of the registration shall be specified fully and correctly. The User is obliged to keep his data (also e-mail addresses) always current. In principle, the Supplier will not verify the accuracy and completeness of the transmitted data.
4.5 The User shall be liable for all activities that occur under his account, insofar as he is responsible. The User shall be liable for the secrecy of his access data. He must ensure that these data are not available to third parties. The User shall immediately inform the Supplier where there are indications that the User’s access has been used by third parties.
5. Conclusion of contract
5.1 The services described by planningcharts.com do not constitute binding offers on the part of the Supplier, but merely service the purpose of submitting a binding offer by the User.
5.2 The User may submit his offer via the online registration form integrated into the Supplier’s website. In doing so, after having filled out the registration form and by clicking the button finalizing the order process, the User submits a legally binding offer of contract with regard to the chosen services.
5.3 The Supplier may accept the User’s offer within two days,
· by transferring an order confirmation per e-mail, or
· by requesting the User to pay after his registration, provided that he has decided upon a fee-based tariff.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Supplier not accept the User’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the User is no longer bound by his statement of intent.
5.4 The period to accept the offer shall start to run on the day following the submission of the offer and shall end with the expiry of the second day following the submission of the offer.
5.5 The text of the contract will be stored by the Supplier and will be sent to the User including these Terms of Use via e-mail. After submitting his registration, the User can no longer call up the text of the contract via the Supplier’ website.
5.6 Prior to the binding submission pf his registration via the online registration form, the User may correct his data entered via the usual keyboard and mouse functions.
5.7 The German and the English language are available for the conclusion of the contract.
5.8 Registration processing and contacting usually take place via e-mail and automated registration. The User has to ensure that the e-mail address he has provided for the registration is accurate so that e-mails sent by the Supplier can be received at this address and he can sign up with planningcharts.com.
6. Right to cancel for consumers regarding fee-based services
Users who act as consumers and use a service against payment (fee-based services) have the right to cancel as follows:
Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after fourteen days from the day of the conclusion of the contract. To exercise your right to cancel, you must inform us
Apollodor GmbH
Vollradser Allee 45
65375 Oestrich-Winkel
Germany
Tel.: +49-6723-603924
E-mail-address: info@planningcharts.com
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of service during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your cancellation of this contract, in comparison with the full coverage of the contract.
Premature expiration of the right to cancel
The right to cancel will expire prematurely, if we have fully performed the service and if the performance has begun with your prior express consent and with your acknowledgement that you will lose your right to cancel, once the contract has been fully performed.
Model cancellation form
(Complete and return this form, If you wish to cancel this contract.)
To
Apollodor GmbH
Vollradser Allee 45
65375 Oestrich-Winkel
Germany
E-mail-Address: info@planningcharts.com
- I/We (*) give notice that I/we cancel my/our contract of sale of the following goods (*)/for the provision of the following service (*).
- ordered on (*)/ received on (*)
- Name of consumer(s)
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
(*) Delete as appropriate
End of the model cancellation form
7. Granting of rights of use by the Supplier
7.1 The Supplier is the owner of all usage rights necessary for the supply of contents on planningcharts.com. Unless stated otherwise in the service description at the Supplier’s website, the Supplier will grant the User the non-exclusive, non-transferable right limited to the duration of the usage contract to use the supplied contents for private and professional purposes within the scope of these Terms of Use.
7.2 The granting of rights of use by the Supplier includes in particular the following types of use:
7.2.1 In particular, the User will be allowed
· to use his access data for planningcharts.com for himself;
· to call up maps provided by the Supplier any number of times via the Supplier’s website and to store them on a separate data medium for the duration of the respective usage contract.
7.2.2 In particular, the User is not allowed
· to make available his access data to third parties against payment or free of charge or to publish them in one way or another;
· to make available a copy of the maps provided by the Supplier to third parties against payment or free of charge or to publish them in one way or another.
7.3 The granting of rights becomes only effective, if the User has fully paid the remuneration owed. The Supplier may temporarily allow the usage of the contractual contents before that date. However, a transfer of rights will not take place based on such a provisional permission.
7.4 In case of a breach of the aforementioned Terms of Use, the Supplier reserves the right to block the User’s account and to prohibit him from using planningcharts.com any further. Other statutory claims shall remain unaffected, if applicable.
8. Remuneration
The use of planningcharts.com in the tariff “Free” is free of charge. The User has to pay the Supplier a remuneration when using the tariff “Region” or “World”. The amount of the remuneration as well as the payment terms can be viewed at the Supplier’s website. Prices indicated by the Supplier are total prices and include the statutory sales tax.
9. Warranty for defects
Should the supplied contents be deficient, statutory provisions shall apply, unless otherwise agreed in these Terms of Use.
10. Liability
The Supplier shall be liable to the User for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
10.1 The Supplier shall face unlimited liability regardless of the legal ground
· in case of intent or gross negligence,
· in case of injuries of life, body or health resulting from intent or negligence,
· in case of a promise of guarantee, unless otherwise provided,
· in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
10.2 In case the Supplier negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned section. Essential significant contractual obligations are obligations the contract imposes on the Supplier according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the User can regularly rely.
10.3 For the rest, the Supplier’s liability is excluded.
10.4 The aforementioned provisions on liability apply also to the Supplier’s liability regarding his legal representatives and vicarious agents.
10.5 Liability due to technically conditioned failures, data losses, interrupted data transmissions or other problems and damages for which the Supplier is not responsible, is excluded. The Supplier is not liable for damages caused by the disruption of his business or the operation of his online service due to force majeure, riot, war or natural phenomena or due to other events for which he cannot be held responsible such as strike, lock-out, traffic disruption, acts of authorities at home or abroad or due to non-culpably caused technical problems. This applies also to failures caused by third parties commissioned by the Supplier.
11. Contract period, termination
11.1 The contract regarding the usage of planning.charts.com in the tariff „Free“ will be concluded indefinitely and may be terminated with immediate effect by either party at any time without observing any notice period and without giving any reason.
11.2 Fee-based service packages with a duration of one year or longer may be terminated by the User until one day prior to the expiry of the agreed contractual term, unless otherwise agreed upon. Fee-based service packages are extended automatically and recurrently according to the contractual term agreed upon, unless the User has terminated the contract in due form and time prior to the expiry of the respective term. The Supplier may terminate the contract regarding services against payment with a 14 days’ notice period at the end of the paid contract term.
11.3 The right of extraordinary termination for cause remains unaffected.
11.4 An important reason is considered when the continuation of the contract until the end of the agreed contractual period or until the expiry of the notice period is unacceptable for the terminating party considering all circumstances of the particular case and giving due consideration to the interests of both parties. An important reason is in particular:
· A serious breach of essential provisions regarding the Terms of Use which has not been corrected or was repeatedly committed despite setting a deadline and which renders impossible the continuation of the contract.
· The renewed registration during a current blocking.
· If the User is defaulting the payment or an essential part of the payment for two consecutive dates in case of a fee-based use of planningcharts.com.
· If the User ceases payment in case of a fee-based use of planningcharts.com.
· If insolvency proceedings are introduced against all assets of the other party or against an essential part of those assets or if reasons exist for introducing such proceeding against the other party or if such proceedings were rejected for lack of assets, or such proceedings were applied against the other party, or if the other party has made a declaration in lieu of an oath about his assets.
11.5 In case of a legitimate extraordinary termination of the contract by the Supplier, the User is not entitled to open again a user account for planningcharts.com.
11.6 Terminations can be made in writing, in text form (e.g. per e-mail) or by deleting the planningcharts.com user account on the part of the User.
11.7 The termination of fee-based service packages does not result in the termination of the user contract in case of doubt. The User will be downgraded to the free of charge tariff “Free” of the service. The termination of the user contract requires a separate and clear statement.
11.8 In case the user contract is terminated as a whole, the User loses the access to his user account. Upon termination of the user contract, the Supplier’s obligation shall end to store installed data.
12. Change of the Terms of Use
12.1 The Supplier reserves the right to change these Terms of Use anytime without giving reasons, unless it is unreasonable for the User. The Supplier will inform the User about changes of the Terms of Use timely and in text form. If the User does not object to the application of the new Terms of Use within a period of four weeks after notifying the User, the changed Terms of Use are deemed to have been accepted by the User. The Supplier will inform the User on his right of objection and on the importance of the objection period. If the User objects to the changes within the aforementioned deadline, the contractual relationship shall continue according to the original conditions.
12.2 The Supplier reserves the right to change these Terms of Use,
· where he is obliged to do so based on a change of the legal situation;
· where he complies with a court decision or an administrative decision addressed against him;
· where he introduces additional, entirely new services or service elements requiring a performance description in the original Terms of Use, unless the previous usage relationship will be changed disadvantageously as a result:
· where the change is merely advantageous for the User; or
· where the change is due to technical procedural reasons, unless such a change has significant effects for the User.
12.3 The right of termination pursuant to section 11 remains unaffected.
13. Applicable law
All legal relations of the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that protection granted by mandatory statutory provisions of the State in which the consumer has his habitual residence will not be deprived.
14. Place of jurisdiction
If the User acts as a merchant, a legal entity under public law or special fund under public law with their seat in the territory of the Federal Republic of Germany, the exclusive venue for all disputes arising from this contract shall be the Supplier’s place of business. If the User has his place of business outside the territory of the Federal Republic of Germany, the Supplier’s place of business shall be the exclusive venue for all disputes arising from this contract, in case the contract or claims arising from the contract can be attributed to the professional or commercial activity of the User. However, in the above cases, the Supplier is entitled in any case to bring proceedings in the court at the place of business of the User.
15. Alternative dispute resolution
15.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 The Supplier is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.