General terms and conditions for the Luftfahrtmagazin.de information system
1. Scope
Luftfahrtmagazin.de provides internet services (hereinafter referred to as services) to its customers on the basis of these General Terms and Conditions. If special terms of use are imposed for services provided by Luftfahrtmagazin.de, the terms of use take precedence over these general terms and conditions.
2. Conclusion of contract
The offers from Luftfahrtmagazin.de are subject to change. A contract is only concluded through a written order confirmation (also e-mail) from Luftfahrtmagazin.de and is based exclusively on the content of the order confirmation and these General Terms and Conditions. Changes to these General Terms and Conditions must be communicated to the customer in writing (also by email) and become effective upon receipt of the respective notification. If Luftfahrtmagazin.de changes the general terms and conditions to the disadvantage of the customer, the customer can terminate the contract within one month of receipt of the written notification of the change.
3. Start of contract, term
If the corresponding contract is concluded for an unlimited period of time, the contract term begins with the customer’s actual ability to use the Luftfahrtmagazin.de services. Unless otherwise agreed, the respective minimum contract term applies.
The order is then extended by the respective contract term.
The notice period is one month to the end of the contract.
After receipt of the revocation by the client, the customer data will be deleted and the direct debit process will be discontinued.
4. Prices, payment terms
The price agreed with Luftfahrtmagazin.de is decisive for the amount of the usage fees. Payment is made in advance for 12 months per payment agreement. The prices for Aviationmagazin.de services valid at the time of conclusion of the contract result from the then valid price list, which is given to the customer when the contract is concluded or is made available online. Luftfahrtmagazin.de will inform the customer in writing (also by email) of any changes in prices to the customer’s disadvantage no later than two weeks before the end of a billing period. If this price change results in an overall additional burden for the customer, the customer is entitled to terminate the contract with effect from the time of the price change within one month of receipt of the notification. Any claims for reimbursement by the customer, e.g. due to overpayments, double payments, etc., will be credited to the customer’s billing account and offset against the next due claim from Luftfahrtmagazin.de. If the customer claims this in writing, the refund will be made to a bank account specified by him.
The usage fees for using Luftfahrtmagazin.de services are invoiced at the beginning of each billing period.
All fees are due immediately upon receipt of the invoice by the customer without deduction. In the case of return debits, Luftfahrtmagazin.de has the right to demand reimbursement of the bank fees incurred as well as an additional processing fee from the customer.
If Luftfahrtmagazin.de becomes aware of a deterioration in the customer’s financial circumstances, for example through an application to open insolvency or settlement proceedings, Luftfahrtmagazin.de is entitled to demand advance payment or security. This also applies in the event of abnormalities in payment transactions (return debits, etc.).
Luftfahrtmagazin.de is entitled to completely or partially prevent the use of its services (block) after a written warning and with reference to the customer’s ability to seek legal protection before the courts if the customer is in default with payment obligations and a security has been provided has been used up or without a written warning in cases in which the customer has given cause to terminate the contractual relationship without notice or there is a threat to the provider’s facilities, in particular the network, due to repercussions from end devices or a threat to public safety or that the amount of fees increases to a very high degree and facts justify the assumption that if the block is implemented later, the customer has not paid fees for services provided in the meantime, has not paid them in full or has not paid them on time and the securities provided have been used up and the block is not disproportionate.
The customer is only entitled to a right of retention if his claims have been legally established or have been acknowledged in writing by Luftfahrtmagazin.de.
5. Customer’s obligation to cooperate
The customer undertakes to follow all applicable legal and official regulations, as well as the instructions of Luftfahrtmagazin.de, when using the Luftfahrtmagazin.de services.
The customer will immediately inform Luftfahrtmagazin.de of any malfunctions in the Luftfahrtmagazin.de services they use and will support Luftfahrtmagazin.de in determining the causes and eliminating them to a reasonable extent. If it turns out that the malfunction is not due to an error in the services provided by Luftfahrtmagazin.de, Luftfahrtmagazin.de is entitled to charge the customer the costs for the effort caused by this.
6. Warranty
Luftfahrtmagazin.de is not liable for delays or hindrances to performance that are due to circumstances outside of its area of responsibility.
7. Liability
Luftfahrtmagazin.de is only liable for the customer’s damages if they were caused intentionally or by gross negligence by the customer or his vicarious agents. This limitation of liability applies to all claims for damages, regardless of the legal basis, in particular also to liability for tort, positive breach of contract and negligence in contract negotiations.
In the event of a breach of cardinal obligations, Luftfahrtmagazin.de is liable even in the event of slight negligence, but only to the extent of the foreseeable damage typical of the contract.
The customer’s claims for damages generally expire one year from the beginning of the following year in which he becomes aware of the damage and the circumstances from which his claim arises; unless a statutory provision provides for a shorter limitation period. Claims for damages arising from unlawful acts become statute-barred three years from the damaging event, regardless of the knowledge of the injured party.
8. Transfer of Contract
Luftfahrtmagazin.de is entitled to transfer the contract to third parties. If Luftfahrtmagazin.de exercises this right, the customer is entitled to terminate the corresponding contract.
The customer is not entitled to assign his claims from the contract.
9. General provisions
Changes and additions to the contract as well as additional agreements must be made in writing. This also applies to a change to the written form requirement.
If a provision of the contract or these general terms and conditions is wholly or partially invalid, the effectiveness of the remaining provisions remains unaffected. In this case, the parties undertake to replace the invalid provision with the effective provision that comes closest to the purpose of the invalid provision.
Luftfahrtmagazin.de is entitled to involve third parties to fulfill its obligations.
The contract is subject to German law. If the customer is a registered merchant, the exclusive place of jurisdiction is the headquarters of the Luftfahrtmagazin.de branch that concluded the contract with the customer.
As of: 12/2023
Luftfahrtmagazin.de
Wastl-Witt-Straße 10
D – 80689 Munich
