General Terms of Tradeof ProFlight GmbH, Gerold-Janssen-Str. 5, D-28359 Bremen
1. Range of Application
1.1 The following terms and conditions (AGB) are part of the contracts relating
to participating in a flight simulation, concluded between the customer and
ProFlight GmbH, represented by its Managing Director Walter Drasl,
Gerold-Janssen-Str. 5, 28359 Bremen, hereinafter referred to as ProFlight.
1.2 Subsidiary agreements and other variations that change the scope of the contractual services require our explicit confirmation.
1.3 Individual agreements between the parties (including agreements, additions, and amendments), in all cases prevail over these terms.
1.4 Customers for the purposes of the present conditions are both consumers and business clients.
2. Conclusion of Contract
2.1 The contract will come about as follows:
The list of flight simulations shown on the website proflight.com is not an offer in the legal sense.
By submitting his request, the customer declares his binding offer. Errors can be corrected before submitting the order using the usual keyboard and mouse functions. By clicking submit to "request" you send a binding offer to buy.
Upon receipt of the offer at ProFlight, customer receives an automatically generated E-Mail that lists the receipt of the application and its particulars. This confirmation does not constitute acceptance of the offer by ProFlight. The acceptance is made either expressly or by sending the invoice.
2.2 The contract will be filed by ProFlight and will be sent to the customer along with Terms of Trade via E-mail.
2.3 You can book your participation in person, by phone or in writing.
3. Services, Dates
3.1 The range of the contractual services are described bindingly only on the website proflight.com and in the specifications of the invoice.
3.2 After receiving the confirmation / invoice and setting the payment of the invoice, the participant contacts ProFlight for an agreement upon his preferred flight simulator date.
3.3 The simulator flights are conducted in the free periods in which the simulators are not required for pilot training. If the desired date should be needed for professional training, ProFlight will agree with the participant about a suitable alternative date.
3.4 Participants in the simulator flight must be 16 years or older.
4. Prices, VAT and Payment
4.1 The listed prices are final prices including VAT.
4.2 Payment options are limited to bank transfer, PayPal and payment by credit card. We accept: Mastercard, Visa and American Express.
4.3 The amount designated on the invoice is due immediately or no later than 10 days after receipt of invoice.
5. Non-Participation, Altering, Substitution
5.1 You may cancel your participation at the simulator flight at any time. The cancellation must be declared in written form, including your booking number.
5.2 In case of you terminating the contract or not arriving at the flight simulator, we can demand adequate compensation for our provisions and expenses. In calculating the compensation, possible saved expenses or possible other uses of the simulator shall be considered.
5.3 The amount of reimbursement is calculated from the payment less a handling charge that we unfortunately will have to ask for. It will be calculated as follows:
10% of payment up to 30 working days prior to flight date,
30% of payment from 29 to 15 working days prior to flight date,
50% of payment from 14 to 7 working days prior to flight date,
100% of payment from 6 working day prior to flight date.
5.4 Amounts are rounded to the nearest EUR.
Working days are Monday through Friday.
Saturdays, Sundays and Public Holidays are not considered working days.
5.5 Alteration of your simulator booking is possible, administration costs will be charged at EUR 50 p.p.. Alterations from 14 working days before the event we consider as cancellation of contract. In this case we will try to book another subscriber on the vacant simulator space. If we succeed, only the alteration fee will become due.
5.6 You can always substitute another person not younger than 16 years to participate in your place.
6. Cancellation Insurance
6.1 In order to avoid charges according to 5.2, 5.3, you may want to conclude a cancellation insurance. This can be booked at “Ergo Reiseversicherung AG”.
6.2 Later concluding is possible within three days after submission of the offer to participate, but has to be completed before the date of the simulator flight.
For damage caused to other legal interests than to life, body or health, liability is excluded if the damage is not caused by willful or grossly negligent behavior of ProFlight, its lawful representative or its agents, and that behavior is no violation of contract essentials.
This disclaimer does not apply to claims affected by the product liability law.
8.1 You may cancel your booking within 14 days in writing (e.g. letter, fax, E-mail) without giving reasons. The term begins with the receipt of the AGB notification in writing, but not before a contract is concluded and not before our obligations under Article 246 § 2 in connection with § 1.1 and .2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch) and our obligations in accordance with § 312e 1.1 BGB (Bürgerliches Gesetzbuch) in conjunction with Article 246 § 3 EGBGB are fulfilled.
8.2 Your notice of withdrawal shall be sent to:
ProFlight GmbH, Gerold-Janssen-Str. 5, 28359 Bremen, Germany
Fax: +49 (0) 421 24 133-45
8.3 In case of an effective cancellation, mutually received benefits will be reimbursed. Obligations to reimburse payments have to be fulfilled within 30 days.
8.4 Your right of withdrawal expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.
8.5 According to § 312g BGB the right of withdrawal does not exist for flights in the simulator booked for a specific date.
9. Security, ID Card/Passport
9.1 Please note that for entering the premises a valid identity card or passport as well as a QR Code is required.
9.3 The personal data requested by us as part of the necessary registration at the LAT and for the termination of the simulator flight will be stored by us for comprehensible reasons. One week after the simulator flight, this data will be deleted, or records destroyed.
We assume that you agree to this necessary temporary storage of your personal data for the purpose of scheduling your simulator flight and logging in to the LAT. If this is not the case, please send us your cancellation in writing to: firstname.lastname@example.org
9.4 The personal data of the participant requested in the context of the necessary registration with the LAT will be compared at the venue with the passport by our pilot or an employee of the security service but the data will not be saved.
you as a participant do not want to deposit your personal data, it is not
possible to get access to the flight simulators. ProFlight then has the right
to withdraw from the contract without any claims for damages.
10.1 ProFlight uses personal data (such as name, address, payment information) specified by the customer solely for the purpose of contract processing. Customer data will be given to third parties only for purposes of fulfilling the contract.
10.2 With the completion of the contract, including full payment of the agreed compensation, customer data will be deleted unless a retention is necessary for legal reasons or customer has explicitly consented to further processing and use of his data.
10.3 Customer may at any time without charge query about and change the data stored at ProFlight. Any consent granted may be revoked by customer at any time.
11. Prohibition of photo and video
For security purposes, throughout the premises and during the flight simulator participation taking of photographs and movies is strictly prohibited.
12. Prohibition of drugs
If the participant is observably under the influence of alcohol or mind-altering substances prior to simulator flight, the ProFlight representative is entitled to immediately exclude him from further participation in the program. In this case the registration fee is not refundable.
All vouchers expire after the period of validity stated on the voucher.
14. Final Provisions
14.1 Should individual provisions of the contract with the customer, including these General Terms and Conditions, in whole or in part be or become invalid, the remainder of the provisions shall remain unaffected.
14.2 The relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG).
14.3 If the customer is merchant, legal entity under public law or public special fund, the exclusive jurisdiction for any disputes arising from this contract is the seat of the ProFlight GmbH.
This is also applicable if the customer has no domicile or habitual residence in Germany.
14.4 The contract language is German.