Allgemeine Geschäftsbedingungen

ProFlight GmbH, Kleiner Ort 5, D-28357 Bremen

General Terms and Conditions

1. Scope

1.1 The following General Terms and Conditions are part of all contractual agreements closed between the customer and ProFlight GmbH, represented by the CEO Walter Drasl, Kleiner Ort 5, 28357 Bremen, hereinafter called „ProFlight“ regarding the participation in a flight simulation.

1.2 Ancillary alterations and other deviations that affect the extent of contractual performance are only valid in written form.

1.3 In some individual cases the contractual parties have closed agreements (also ancillary alterations, supplements and deviations) that have precedence before these General Terms and Conditions.

1.4 A customer by means of these General Terms and Conditions are consumers and companies.

2. Conclusion of Contract

2.1 The contract is closed as follows:
The list of flight simulations provided on the website preflight.com is not considered an offer in legal terms.
The customer declares his/her binding offer by sending an enquiry. Input errors can be corrected with the standard keyboard and mouse functions prior to sending the enquiry. By clicking on the “Send enquiry” button the customer is making a binding offer for the conclusion of a contract. After receiving the customer’s offer, ProFlight sends the customer an automatic response e-mail that confirms the receipt of the e-mail and lists the details of the offer. This confirmation does not, in any way, represent the acceptance of the offer by ProFlight. Acceptance is either declared explicitly or by means of an invoice for services.

2.2 The contractual text is saved by ProFlight and will be sent to the customer via e-mail together with the General Terms and Conditions.

2.3 You can also make a booking in person, via telephone or in written form.

3. Performance, Dates

3.1 Only the description of performance listed on the website preflight.com and any notes listed on the invoice are binding regarding the extent of contractual performance.

3.2 After receiving the Confirmation/Invoice and the information regarding payment the customer should contact ProFlight in order to make a specific appointment for the flight simulation.

3.3 The flight simulations are completed during the time in which the simulators are not needed for the training of pilots. If the participant’s desired date and time has already been booked for a professional pilot, then ProFlight will agree upon an alternative appointment with the participant.

3.4 Only persons 16 years of age and over are allowed to participate in flight simulations.

4. Prices, Sales Tax and Payment

4.1 The prices provided are final and include sales tax.

4.2 The accepted methods of payment are limited to payment via invoice, PayPal, cash payment or payment via credit card. We accept Master Card, Visa and American Express.

4.3 The full amount listed on the invoice is due immediately but at the latest two weeks after receipt of the invoice.

5. Non-Attendance, Rebooking or Substitutes

5.1 You can cancel participation at any time. Cancellations must include the booking number and be made in written form.

5.2 If you cancel the contract or do not appear to the flight simulation, then we can demand appropriate compensation for the provisions completed and our expenses. Normally, the calculation of damages usually includes the consideration of saved expenditure and other possible use of the simulator.

5.3 The amount of the refund is calculated by subtracting a processing fee from the total amount due that we must charge for all cancellations. The according processing fee is calculated as follows:

10% of the total amount for cancellations up to 30 business days prior to the appointment,
30% of the total amount for cancellations 29-15 business days prior to the appointment,
50% of the total amount for cancellations 14-7 business days prior to the appointment,
100% of the total amount for cancellations 6 days or less prior to the appointment.

5.4 The amount resulting from the above calculation is rounded-up to full Euros.
Monday to Friday are considered business days; Saturdays, Sundays and German Public Holidays are not considered business days.

5.5 You flight simulation can be rebooked; we charge and administration fee of 50 EUR per person for rebooking. Re-bookings made 14 days or less prior to the appointment must be considered as a cancellation. In this event, we attempt to find another participant to book the vacant appointment. If this is possible, then we only charge the administration fee.

5.6 You can also name a substitute over the age of 16 at any time.

6. Cancellation Insurance

6.1 In order to prevent the fees listed in 5.2 and 5.3, the customer also has the possibility to purchase cancellation insurance. This can be booked with the flight simulation from the “Europäischen Reiseversicherung AG”.

6.2 Cancellation insurance can only be booked in the 8 days after a binding offer has been made and only prior to the appointment for the flight simulation.

7. Liability

The liability for damages for legal assets other than life, body or health is excluded as long as the damages do not result from the intentional or grossly negligent behavior of ProFlight, one of its legal representatives or vicarious agents and as long as the behavior does not damage the significant obligations of the contract. This exclusion of liability does not apply to claims regarding product liability.

8. Right of Revocation

8.1 You may withdraw from your contractual offer within 14 days in written form (e.g. letter, fax, e-mail). The term of 14 days begins upon receipt of these General Terms and Conditions in written form but not prior to the conclusion of the contract and not prior to the fulfillment of our obligation to provide information as per 246 § 2 and § 1 Section 1 and 2 EGBGB (Introduction to the German Civil Code) as well as our obligations as per §312e Section 1 Sentence 1 BGB (German Civil Code) in connection with 246 § 3 EGBGB (Introduction to the German Civil Code).

8.2 Timely dispatch of revocation shall suffice to meet the revocation deadline. The revocation must be addressed to:
ProFlight GmbH, Kleiner Ort 5, 28357 Bremen,
Fax: +49 (0)421 24 133-40
E-Mail: info[at]proflight.com

8.3 In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your revocation and for us upon the receipt thereof.

8.4 Your right of revocation shall expire prematurely if the agreement has been executed in full by both parties prior to your exercising your right of cancellation.

9. ID Card/Passport/Security

9.1 Please note that a valid ID card or passport is necessary in order to enter the company grounds. You will not be able to enter the company grounds without this identification.

9.2 For safety reasons, the participants of the simulator flight have to register their personal data in the e-registration system of Lufthansa Aviation Training (LAT) electronically. ProFlight has no access to this personal data, they are stored at the LAT. Information about data protection of the LAT can be found in the privacy policy of the LAT under https://www.lufthansa-aviation-training.com/en/privacy/

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: info@proflight.com

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.

9.5 If 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. Data Privacy

10.1 ProFlight uses the personal information (e.g. Name, Address, Payment Information) provided by the customer in order to execute the contract. The customer’s information is not provided to third parties unless this is necessary in order to execute the contract.

10.2 Upon completion of the contract, which also includes full payment of the compensation agreed upon, the customer’s information is deleted unless there are legal reasons for their storage and unless the customer explicitly agrees upon the storage of information for further processing and use.

10.3 The customer can receive information about all data that is saved by ProFlight about his/her person at any time and without charge and can also charge or delete this information. Any agreements about the storage of personal information can be revoked at any time.

11. Prohibition of Photography/Film

In order to ensure the safety of the entire grounds, it is prohibited to photograph or film the flight simulation.

12. Prohibition of Drugs

If the participant is obviously under the influence of alcohol or other mind-altering substances, then ProFlight is authorized to immediately cancel their participation. The fees cannot be refunded in this event.

13. Gift Certificates

All gift certificates are valid for three years. This term starts at the end of the year in which the gift certificate was purchased.

14. Final Provisions

14.1 Should any of the provisions of the contract with the customer or the General Terms and Conditions be or become fully or partially ineffective, the continued existence of the contract and the remaining provisions are not affected by this.

14.2 The relations between the contractual parties will be regulated exclusively in accordance with the laws applying in the Federal Republic of Germany with exclusion of the UN convention on contracts for the international sale of goods, CISG.

14.3 If the customer is a merchant, a legal entity under public law, or public-law special funds, the legal venue for any disputes under this contract shall be only the headquarters of ProFlight GmbH. The same shall apply if, at the time when court proceedings are started, the Customer is not subject to German jurisdiction or his domicile or usual place of residence are not known at the time.

14.4 Contract language is German.

Please contact us.

Phone
+49 (0)421 24 133-20

Jens Katenkamp Jens Katenkamp

Do you have any questions?

We are happy to assist you and feel free to send us an E-Mail.

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