Terms of business
§ 1 General provisions for the provision of services
These General Terms and Conditions shall be the exclusive basis for the initiation and performance of the contractual relationship between ACC Aviation Coaching Consulting GmbH (hereinafter referred to as ACC) and the client and shall automatically become an integral part of any contract, even if ACC has not expressly objected to any deviations and amendments. We shall not recognise any terms and conditions of the client that conflict with or deviate from these GTC unless we have expressly agreed to their validity in writing.
Contracts concluded with ACC are service contracts. These service contracts include the provision of consultancy services such as consulting, coaching and the organisation of seminars and workshops that include implementation recommendations. Achieving or bringing about a specific result is not the object of the aforementioned services. This applies in particular to certain economic results or certification results. With the conclusion of a contract, the client declares that it is responsible for providing all information required for the consultancy services (provision of workrooms, IT facilities, documents and employees) in good time.
§ 2 Offers and their acceptance
In principle, a contract shall be concluded by the legally binding acceptance of an offer by the client; offers submitted by ACC shall be non-binding and subject to change. As a rule, the binding offer period shall be two weeks. Components of offers such as schedules, project plans, remuneration forecasts, etc. shall always represent a non-binding estimate with regard to the possible execution of an order.
If an offer is not accepted on time, ACC shall not be able to guarantee the provision of services on the dates specified in the offer and shall propose new dates. In the case of framework agreements, the total scope shall be included in the offer. Deadlines shall be fixed after consultation with the client.
§3 Commissioning
Orders and changes may only be placed in writing by the client.
The authorisation to commission employees and other vicarious agents shall be assumed and shall not be checked separately by ACC. If the client has not expressly objected, no new written orders shall be required for repeated assignments. The originally accepted offer shall apply.
§4 Liability and compensation
ACC shall not be liable for the client's damages unless these are based on an intentional or grossly negligent breach of duty. However, the company shall be liable for damages resulting from culpable injury to life, body or health as well as for damages resulting from the culpable breach of essential contractual obligations; in the latter case, however, liability for slight negligence shall be limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
In all activities where the national and international aviation authorities approve or accept the results based on ACC's recommendation, ACC shall not assume any liability for the results. The limitation period for any contractual liability claims, if agreed, shall be six months.
§ 5 Retention of title
All works such as manuals, presentations, procedures, forms, etc. delivered by ACC to the client within the scope of the agreed provision of services shall remain the property of ACC until full payment has been made. ACC shall be entitled to make original files (in particular computer files) available to the client only after full payment has been made.
§ 6 Copyright
The copyright for training documents belongs to ACC or its subcontractors. All publications, reproductions and transfers to third parties are prohibited. ACC reserves the right to claim damages in the event of violations.
§ 7 Communication and data security
In order to ensure secure communication with the client, the communication channels shall be agreed separately. If this is not the case, ACC shall use standard communication channels such as e-mail and written mail. The client should be responsible for providing the specific communication infrastructure, such as software and hardware, free of charge.
§8 Fees
The fees for consulting, coaching and training are agreed individually (see §2). Deviations from this shall require written agreement. For longer projects (usually three months or more), ACC shall be entitled to charge reasonable advances for the services to be rendered. In the case of companies in the insolvency phase, 100% of the expected fee (based on an eight-hour working day) or fixed seminar fees shall be invoiced as an advance. This also applies to expenses.
Value added tax will be charged at the applicable statutory rate. In addition to the fee claim, the company is entitled to reimbursement of all expenses and disbursements required to provide the services owed. Upon payment of the invoices by the client, the claims asserted with the respective invoice shall be deemed recognised. There are no claims for repayment.
§9 Expenses
Expenses such as travel and accommodation costs as well as travelling time allowances etc. shall also be charged to the Client by the Contractor and its subcontractors. Travelling expenses shall be invoiced as agreed. Any necessary overnight stays shall be borne by the Client. Travelling time shall be invoiced on the basis of the applicable hourly rate of 1⁄2. Unless otherwise agreed. Travelling and accommodation costs shall be invoiced unchanged or pro rata (when travelling outside Berlin).
§10 Terms of payment
Invoices shall be invoiced net plus the applicable value added tax with a payment term of 14 days. Payments are due without deduction within the above-mentioned period. Any advance and instalment payments made by the client shall be offset.
§ 11 Objections and late payments
Objections to invoices must be raised immediately, but at the latest within 14 days of receipt of the invoice, in writing and with sufficient justification. Failure to raise objections within this period shall be deemed as acknowledgement of the invoice and the associated claims.
If the client is more than 14 days in arrears with a payment, ACC shall be entitled at any time to discontinue the further provision of services with immediate effect. All bookings made until then, e.g. flight tickets and other travel expenses, shall be invoiced to the client.
§12 Dealing with appointment cancellations
Cancellation by the client is possible free of charge up to 24 hours before the appointment.
The reimbursement of travelling expenses already incurred is regulated in §13.
Should force majeure, illness, etc. prevent ACC from providing the service, the service shall be provided on an alternative date to be agreed between the client and ACC. In this case, ACC shall not be liable to pay compensation for any cancellations.
§13 Cancellation
In the event of a cancellation of a training course received no later than 14 days before the start of the event, the price shall be waived; up to the 3rd day before the start of the event, the price shall be reduced to 50%; in the event of a later cancellation, no-show or premature departure from the event, the full price shall be charged.
If cancellation is declared up to the 7th day before the start of an event with a duration of more than 3 months, a pro rata price amounting to 3 months will be charged (subject to other regulations from funding bodies). The date of the postmark is decisive for the cancellation deadline. The nomination of a substitute participant is possible. The statutory right of cancellation (BGB) remains unaffected by this.
In the event of cancellation of a consultancy contract, the cancellation period is four weeks to the end of the month. Deviations from this must be agreed. The ACC does not waive the expected fees for the period until cancellation. All tickets booked and all travelling expenses incurred will be invoiced.
Framework agreements have a fixed term. In the event of early cancellation, the client shall be liable for damages in the amount of the expected but lost fees as agreed in the framework agreement. In the event of insolvency, all contracts are automatically cancelled and the provision of services is discontinued. Cancellation for good cause in accordance with the German Civil Code (BGB) remains unaffected.
§14 Place of jurisdiction
Berlin shall be the agreed place of jurisdiction for all disputes. However, ACC reserves the right to bring an action before any other court. The law of the Federal Republic of Germany shall take precedence.
§15 Final provisions
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Amendments and supplements to these GTC must be made in writing to be valid. In the event of disputes, the law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from or in connection with these GTC and the activities covered by them is Berlin.
Please note: The terms of business represent a translation of the German AGB and are therefore based on German law.
These General Terms and Conditions shall be the exclusive basis for the initiation and performance of the contractual relationship between ACC Aviation Coaching Consulting GmbH (hereinafter referred to as ACC) and the client and shall automatically become an integral part of any contract, even if ACC has not expressly objected to any deviations and amendments. We shall not recognise any terms and conditions of the client that conflict with or deviate from these GTC unless we have expressly agreed to their validity in writing.
Contracts concluded with ACC are service contracts. These service contracts include the provision of consultancy services such as consulting, coaching and the organisation of seminars and workshops that include implementation recommendations. Achieving or bringing about a specific result is not the object of the aforementioned services. This applies in particular to certain economic results or certification results. With the conclusion of a contract, the client declares that it is responsible for providing all information required for the consultancy services (provision of workrooms, IT facilities, documents and employees) in good time.
§ 2 Offers and their acceptance
In principle, a contract shall be concluded by the legally binding acceptance of an offer by the client; offers submitted by ACC shall be non-binding and subject to change. As a rule, the binding offer period shall be two weeks. Components of offers such as schedules, project plans, remuneration forecasts, etc. shall always represent a non-binding estimate with regard to the possible execution of an order.
If an offer is not accepted on time, ACC shall not be able to guarantee the provision of services on the dates specified in the offer and shall propose new dates. In the case of framework agreements, the total scope shall be included in the offer. Deadlines shall be fixed after consultation with the client.
§3 Commissioning
Orders and changes may only be placed in writing by the client.
The authorisation to commission employees and other vicarious agents shall be assumed and shall not be checked separately by ACC. If the client has not expressly objected, no new written orders shall be required for repeated assignments. The originally accepted offer shall apply.
§4 Liability and compensation
ACC shall not be liable for the client's damages unless these are based on an intentional or grossly negligent breach of duty. However, the company shall be liable for damages resulting from culpable injury to life, body or health as well as for damages resulting from the culpable breach of essential contractual obligations; in the latter case, however, liability for slight negligence shall be limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for this type of contract.
In all activities where the national and international aviation authorities approve or accept the results based on ACC's recommendation, ACC shall not assume any liability for the results. The limitation period for any contractual liability claims, if agreed, shall be six months.
§ 5 Retention of title
All works such as manuals, presentations, procedures, forms, etc. delivered by ACC to the client within the scope of the agreed provision of services shall remain the property of ACC until full payment has been made. ACC shall be entitled to make original files (in particular computer files) available to the client only after full payment has been made.
§ 6 Copyright
The copyright for training documents belongs to ACC or its subcontractors. All publications, reproductions and transfers to third parties are prohibited. ACC reserves the right to claim damages in the event of violations.
§ 7 Communication and data security
In order to ensure secure communication with the client, the communication channels shall be agreed separately. If this is not the case, ACC shall use standard communication channels such as e-mail and written mail. The client should be responsible for providing the specific communication infrastructure, such as software and hardware, free of charge.
§8 Fees
The fees for consulting, coaching and training are agreed individually (see §2). Deviations from this shall require written agreement. For longer projects (usually three months or more), ACC shall be entitled to charge reasonable advances for the services to be rendered. In the case of companies in the insolvency phase, 100% of the expected fee (based on an eight-hour working day) or fixed seminar fees shall be invoiced as an advance. This also applies to expenses.
Value added tax will be charged at the applicable statutory rate. In addition to the fee claim, the company is entitled to reimbursement of all expenses and disbursements required to provide the services owed. Upon payment of the invoices by the client, the claims asserted with the respective invoice shall be deemed recognised. There are no claims for repayment.
§9 Expenses
Expenses such as travel and accommodation costs as well as travelling time allowances etc. shall also be charged to the Client by the Contractor and its subcontractors. Travelling expenses shall be invoiced as agreed. Any necessary overnight stays shall be borne by the Client. Travelling time shall be invoiced on the basis of the applicable hourly rate of 1⁄2. Unless otherwise agreed. Travelling and accommodation costs shall be invoiced unchanged or pro rata (when travelling outside Berlin).
§10 Terms of payment
Invoices shall be invoiced net plus the applicable value added tax with a payment term of 14 days. Payments are due without deduction within the above-mentioned period. Any advance and instalment payments made by the client shall be offset.
§ 11 Objections and late payments
Objections to invoices must be raised immediately, but at the latest within 14 days of receipt of the invoice, in writing and with sufficient justification. Failure to raise objections within this period shall be deemed as acknowledgement of the invoice and the associated claims.
If the client is more than 14 days in arrears with a payment, ACC shall be entitled at any time to discontinue the further provision of services with immediate effect. All bookings made until then, e.g. flight tickets and other travel expenses, shall be invoiced to the client.
§12 Dealing with appointment cancellations
Cancellation by the client is possible free of charge up to 24 hours before the appointment.
The reimbursement of travelling expenses already incurred is regulated in §13.
Should force majeure, illness, etc. prevent ACC from providing the service, the service shall be provided on an alternative date to be agreed between the client and ACC. In this case, ACC shall not be liable to pay compensation for any cancellations.
§13 Cancellation
In the event of a cancellation of a training course received no later than 14 days before the start of the event, the price shall be waived; up to the 3rd day before the start of the event, the price shall be reduced to 50%; in the event of a later cancellation, no-show or premature departure from the event, the full price shall be charged.
If cancellation is declared up to the 7th day before the start of an event with a duration of more than 3 months, a pro rata price amounting to 3 months will be charged (subject to other regulations from funding bodies). The date of the postmark is decisive for the cancellation deadline. The nomination of a substitute participant is possible. The statutory right of cancellation (BGB) remains unaffected by this.
In the event of cancellation of a consultancy contract, the cancellation period is four weeks to the end of the month. Deviations from this must be agreed. The ACC does not waive the expected fees for the period until cancellation. All tickets booked and all travelling expenses incurred will be invoiced.
Framework agreements have a fixed term. In the event of early cancellation, the client shall be liable for damages in the amount of the expected but lost fees as agreed in the framework agreement. In the event of insolvency, all contracts are automatically cancelled and the provision of services is discontinued. Cancellation for good cause in accordance with the German Civil Code (BGB) remains unaffected.
§14 Place of jurisdiction
Berlin shall be the agreed place of jurisdiction for all disputes. However, ACC reserves the right to bring an action before any other court. The law of the Federal Republic of Germany shall take precedence.
§15 Final provisions
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Amendments and supplements to these GTC must be made in writing to be valid. In the event of disputes, the law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from or in connection with these GTC and the activities covered by them is Berlin.
Please note: The terms of business represent a translation of the German AGB and are therefore based on German law.
