AVIPEO, Revision date: 25.10.2017
§ 1 Scope/Applicability
1. AVIPEO c/o Hanse-Aerospace Wirtschaftsdienst GmbH, Gotenstrasse 12, 20097 Hamburg; email@example.com, (in the following referred to as “AVIPEO”) operates a website for the aviation sector on avipeo.com (in the following referred to as “platform”). It offers aviation-interested people a wide range of services, that are subject to continuous further development. In particular, AVIPEO offers global aviation news, a job exchange, profiles for private users and companies as well as a trade fair and events calendar.
2. The use of the platform is generally possible without registration. Certain functions of the platform can only be used after registration and creating of a profile by the user (“registered users”).
§ 2 Registration, Conclusion of Contract, Blocking, and Terminating the Account
1. Registered users assure that they are of legal age. They declare that all data and information, in particular the personal information, are complete and accurate (such as last name, first name, E-mail address, etc.). Users commit to keep information complete and accurate over the complete duration of the contract. Users assume the responsibility of safekeeping the password. For security reasons, AVIPEO advises to regularly change the user password. Only the own account is permitted for use; accounts of third persons or parties may not be used without their permission. User profile data may be not published and/or distributed. Right of revocation for users (§ 13 German Civil Code (BGB)):
Right of revocation
You have the right to withdraw from this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the date of the conclusion of the contract. To exercise your right of revocation, you must notify us (AVIPEO – AVIATION PEOPLE c/o Hanse-Aerospace Wirtschaftsdienst GmbH, Gotenstrasse 12, 20097 Hamburg, Tel.: +49 40 23 88 208 66, Fax: +49 40 23 88 208 99, E-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by mail, telefax or E-mail) about your decision to revoke this contract. The enclosed revocation form - sample can be used for this purpose, but is not mandatory.
To comply with the revocation period, it is sufficient that you submit the notification of exercising your right of revocation, before the revocation period has elapsed.
Consequences of revocation
If you revoke this contract, we shall have to repay you all payments that we have received from you (including delivery costs, yet with the exception of auxiliary costs resulting from you having chosen a different type of delivery as the cost-effective standard delivery offered by us), immediately and latest within fourteen days after the day of having received your revocation of this contract. For such repayment, we shall use the same means of payment that you have used in the original transaction, unless otherwise expressly agreed with you; you will in no case be charged any fees for this repayment. If you have requested that the services begin during the period of revocation, then you shall have to pay us a reasonable amount, which corresponds with the portion of already provided services in comparison to the total scope of services intended for in the contract, to the point of time at which you have notified us of exercising your right of revocation regarding this contract.
Revocation form - sample:
Revocation Form - Sample
(If you want to revocate the contract, please fill out and submit this form)
To AVIPEO –c/o Hanse-Aerospace Wirtschaftsdienst GmbH, Gotenstrasse 12, 20097 Hamburg, Fax: +49 40 23 88 208 99, E-mail: email@example.com:
I/We (*) hereby revoke the contract concluded by myself/us (*) on the purchase of the following goods (*)/services to be rendered (*).
Date ordered (*)/Date received (*)
Name of user(s)/consumer(s)
Address of user(s)/consumer(s)
Signature of user(s)/consumer(s) (only if submitted on paper)
(*) Delete as appropriate.
2. A company profile may only be created a person, who is the company owner or an appropriately authorized representative; upon request by AVIPEO, proof of the ownership or authorization shall be provided. For each company profile, a contact partner responsible for the company profile shall be appointed to AVIPEO. Should the contact partner change, then the respective company shall inform AVIPEO of the change and appoint a new contact partner.
No registered user may have more than one account on the platform. In the course of the new application/registration, the registered user shall ensure not have an additional account on the platform. As far as another user is added to a company profile with special rights for the administration of this profile, the original contact person shall continue to remain responsible to AVIPEO for the profile, in accordance with the aforementioned sentences.
3. Any individual violation against § 2 sub-section 1 and/or 2 as well as § 4 sub-section 2 and/or 3 sentence 2, shall entitle AVIPEO to block the user account or, in case of severe and/or repeated violation, to terminate the user account (without reimbursement of possibly incurred costs). Beyond this, the mutual right to terminate without notice shall not be affected.
4. The contract between AVIPEO and the registered user is effected through offer and acceptance. By completing and submitting the registration form on the platform, the user declares his offer on conclusion of the user contract. Within 30 working days, AVIPEO can accept this offer by sending an acceptance declaration via E-mail, which includes the access data and activation to the protected area. However, there is no legal claim on behalf of the user to accept the offer. The user expressly agrees that AVIPEO begins providing the service before the possibly existing revocation period (see fig. 1 above) ends.
5. The duration of the user contract is for an indefinite period.
6. The platform offer is supplemented by the AVIPEO app, which can be downloaded in the Google Play Store and Apple App Store. By registering on the platform, the user can also use the features of the app, once the app is installed on the user's device/terminal; conversely, the user of the app also receives a profile on the platform.
7. The registered user has the possibility to terminate the user contract and delete his/her account at any point of time. The termination of the account can be submitted by mail or via E-mail to AVIPEO. The cancellation declaration applies as regular termination with notice period to the end of the current calendar month. Access to the protected area of the platform is then blocked to the beginning of the following month
§ 3 Costs
The use of the platform is generally free of charge. Registered users can use certain offers/functions, such as placing ads, for a fee. As far as costs arise for additional offers, these shall be indicated on the platform in connection with the respective offer. A separate contract shall be brought about for these offers/functions.
§ 4 Posting Information by Registered Users
1. For registered users, AVIPEO offers a platform function where news, opinions and information can be exchanged. In addition, registered users can create an own profile and upload texts, photos, publications as well as videos on the platform. This also includes that users, by posting appropriate information with keywords (tags), can be found by other users and companies searching for certain keywords and/or tags. Registered users can also place ads. Such advertisements are placed through integration of the shop system provided by OXID eSales AG (http://www.oxid-esales.com/); afterwards, the ads are posted on the AVIPEO platform.
2. Polite and respectful conduct of the registered users among each other is expected. The use or pretense of fake identity is prohibited; the same applies for offensive, racist or sexist comments and contributions. It is not permitted to publish any contents containing viruses, other malicious software, files or programs, that were developed to disturb, damage, limit or interfere with the function of software, hardware or telecommunication devices, or gain unauthorized access to systems, data, passwords or other information of AVIPEO or third parties.
3. When posting news, information, photos and files, registered users shall also observe the national and international copyrights and trademarks, patents rights, right to names and labels, as well as any other industrial property rights and personal rights of third parties. Also, any unauthorized form of advertising over the platform is also prohibited. Intellectual property rights (such as copyrights and trademark rights) to any contents, such as photos/texts, logos etc. of AVIPEO are owned by AVIPEO and may not be taken over/utilized by users.
4. AVIPEO is authorized (but not obligated) to check all information published by registered users (including hyperlinks) to determine whether the legal requirements have been complied with. Otherwise AVIPEO, among other things, shall be entitled to delete the respective information from the platform. In such cases, registered users shall be informed by AVIPEO via E-mail of the deletion.
5. Registered users shall be obligated to indemnify AVIPEO, the Hanse-Aerospace Wirtschaftsdienst GmbH and the Hanse-Aerospace e.V. as well as any of their subsidiaries, joint enterprises, agents and employees, from legal action or other claims and damages of any kind which could arise due to improper use of the platform. Above all, registered users shall undertake to release AVIPEO from liability with regard to claims based on infringement of the personal honor of others or resulting from insult or any other misconduct or disparagement. Also, AVIPEO shall be indemnified from liability claims on behalf of registered users resulting from services which have not been rendered or because of violated other rights (especially infringements regarding copyright, competition law and trademarks). Should AVIPEO incur legal costs in order to counter damage claims by third parties resulting from one of the aforementioned violations, then the registered user must bear these costs in this case; this derives from the obligation to indemnify.
§ 5 Data Protection
1. AVIPEO ensures to handle all personal data provided by registered users carefully and responsibly. By registering on the platform, the user declares of being aware, that data provided in connection with the user profile can be visible to other users of the platform. Also, other users can see when a user positively evaluates a post on the platform by marking it with „Like“ (click on heart symbol).
2. The laws regarding data protection are complied with by AVIPEO; particularly the EU basic Regulation on Data Protection (Regulation [EU] 2016/679), the Federal Data Protection Act and the data protection provisions of the Telemedia Act.
3. As a general rule, third parties shall not receive personal data of an AVIPEO user, unless the user has prior expressly permitted this, the data transfer is necessary for the execution of the contracts (e.g. transmission of the contact data to the contract partner for handling an order via this Platform) or there is a legal obligation for transfer of the data (e.g. to authorities, in particular to tax authorities for investigation of a tax liability).If a registered user has granted permission to transfer the data, this can be revoked at any time through a simple message via E-mail or by mail. In case of justified suspicion of an infringement, which AVIPEO considers given for example in case of legal correspondence and/or if a complaint is filed, AVIPEO shall first contact the user and request commenting. After this, AVIPEO shall decide at its own discretion to block the account as well as to provide the user data. In addition, AVIPEO reserves the right to assert claims for damages against the user, if AVIPEO is claimed on by third parties (including authorities) based on false statements and/or incorrect information on behalf of this user.
4. In other respects, the contents of the current Privacy Statement shall apply, which can be viewed under www.avipeo.com/privacy and in the footer at the bottom of the platform.
5. Users can revoke their consent to the use of the data by AVIPEO. The revocation can be submitted by mail or via E-mail to AVIPEO. In this case, AVIPEO shall delete the user's account.
§ 6 Liability
1. AVIPEO is generally not responsible and shall not assume any liability for the information entered by registered users. To this extent, AVIPEO is a platform that provides only external contents. Therefore, AVIPEO shall also not be responsible for the contents and/or handling of a contract concluded by users via the platform. The users act on their own responsibility. The users themselves are responsible for the compatibility of their actions with the respectively applicable law, including the rules on cross-border imports and exports and the customs regulations.
2. AVIPEO and its external service providers (e.g. web host providers) always strive to maintain the server service to the platform around the clock. Should, contrary to expectation, temporary failures or technical problems occur, AVIPEO shall not assume any liability for possible waiting time while loading the Internet pages or for interruption of the services.
3. Should third parties succeed in obtaining access to private data of a registered user by means of illegal practices (e.g. so-called “hacking”), AVIPEO shall not assume any liability whatsoever. AVIPEO shall also not be liable when registered users have independently made data available to third parties, which are subject to misuse by the third parties.
4. The liability limitations above shall not apply in case of gross negligence or intent on behalf of AVIPEO or persons employed by AVIPEO.
5. AVIPEO has the express right, but not the duty, to check the contents of all information published by registered users for compliance with German law and, if necessary, to remove them completely or in part.
6. AVIPEO is authorized to stop the services of the platform - completely or in part - at any time without giving reasons and to delete all stored information, including that of the registered users.
7. In other respects, AVIPEO shall only assume liability with regard to users and registered users for minor negligence when violating essential contractual obligations – meaning such that are indispensable for achieving the contract objective (cardinal obligations) – as well as in case of injury to life, body or health, granted warranty, malice and in accordance with the Product Liability Act. In case of breach of cardinal obligations, the liability shall be limited to the foreseeable damage. In addition, the pre-contractual, contractual and non-contractual liability of AVIPEO – particularly in the case of indirect damages such as loss of profit, personnel costs, loss of use and loss of sales – shall be limited to intent and gross negligence, whereby the limitation of liability also applies for fault attributable to persons employed by AVIPEO.
§ 7 Externals Service Providers
AVIPEO shall have the right to delegate the partial or complete performance of its services to an external service provider.
§ 8 Conditions of Payment and Set-off
1. The price for booking a service (job advertisements, event-calendar entries, advertisements, etc.) shall be paid latest within two (2) weeks from the day of booking the service. The invoice shall be sent via E-mail to the E-mail address stated in the booking.
2. For processing of the order payment, AVIPEO offers the use of the payment service BS PAYONE GmbH, Branch Office Kiel, Frauenhoferstrasse 2-4, 24118 Kiel and PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: „payment provider“). The payment providers each are independent service providers; AVIPEO itself is not a payment service. The payment is handled through BS Payone. For more information on BS Payone, please refer to https://www.payone.com/; more information on PayPal is available under http://www.paypal.com
3. You can transfer the price for the order through the payment provider of your choice via immediate transfer to our account as specified in the invoice, initiate the payment via PayPal, grant us SEPA direct debit authorization or pay with Maestro or credit card (currently VisaCard, MasterCard or American Express). In the case of granted direct debit authorization or payment via Maestro or credit card, we will arrange for the debiting of your account at the earliest to the time specified under Section (1). Depending on the method of payment, we will arrange for the debiting of your account at the earliest to the time specified under Section (1) (exception: immediate transfer). In the event of refunds, these shall be credited back to your account within two (2) weeks from the due date of the refund according to the payment method originally chosen by you or payment shall respectively be initiated. A granted direct debit authorization shall also apply for further bookings until canceled. We reserve the right to make certain payment methods dependent of a credit-worthiness check or a maximum booking amount.
4. You shall not be entitled to set off against our claims, unless your counter-claims are legally established or undisputed. You shall also be entitled to set off against our claims, when asserting notices of defects or counter-claims from the same contract of an order.
5. As the orderer of the advertisement, you may only exercise a right of retention, when your counter-claim results from the same contract of an order.
§ 9 Final Provisions
1. Should any provision of this contract be invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, then this shall not affect the validity of the remaining contract. The invalid or unenforceable provision shall be replaced by the valid and enforceable regulation, whose effects come closest to the economic objectives, that the contract parties pursued with the invalid or respectively unenforceable provision. This applies appropriately in the event that the contract turns out to be incomplete.
2. This contract is governed by German law, with the exclusion of the UN Sales Law. As far as the user or respectively the registered user is a merchant or a EU foreigner, Hamburg is the exclusive place of jurisdiction.