General terms & conditions

of training at

AET Aviation Training & Consulting GmbH

§ 1 Scope

(1) The following terms and conditions from AET Aviation Training & Consulting GmbH

(hereinafter AET Aviation) apply to all contracts made by the customer in regards to services

presented upon this website. The addition of the customer’s individual terms, where not explicitly

agreed, is invalidated by this document.

(2) Customers as described in § 1(1) shall be both consumers and contractors, whereby a

customer is any natural person who enters into a legal transaction with purposes that may not be

ascribed to their own commercial or freelance professional occupation. In contrast a contractor is

any natural or legal person or right-possessing group of persons who in entering a legal

transaction is acting in the interest of conducting their freelance professional or commercial

occupation.

(3) AET Aviation has the right to alter these general terms and conditions unilaterally, insofar as

this is necessary to settle any retroactively occurring disturbance of equivalence or to comply with

changed legal or technical conditions. AET Aviation shall inform the customer of such compliance

measures with a notice of the contents of the changed rules. The change shall take force if the

customer does not make a written or electronic text objection to AET Aviation within six weeks of

the delivery of the notice of change.

§ 2 Formation of Contract

(1) The presentation of services on this website does not constitute a binding, but rather a non-

binding request to the customer, to make an offer of training at AET Aviation themselves.

(2) With an order of a service through completion and submission of online forms on the internet,

the customer makes a non-binding offer to form a training/ examination contract. With the

submission of the order to AET Aviation the customer assures that they are unlimitedly

contractually capable and possess all necessary personal requirements for training. AET Aviation

is not obligated to accept the customer’s offer. The confirmation of receipt of the customer’s order

does not yet constitute the acceptance of the customer’s offer.

(3) A final offer will be send to the customer via email including a payment request once all details

are figured out between the customer and AET Aviation. With the payment of the final price, the

customer accepts all terms and conditions of this contract.

§ 3 Purpose

(1) AET Aviation undertakes the training of the trainee with the goal of conducting the following

rights and capabilities:

(2) The trainee must take part in training at AET Aviation

(3) AET Aviation does not assure success for passing of a governmental exam or a successful

final exam

(4) The training takes place online or in seminar rooms or in simulators.

(5) The training structures itself according to the content of this contract and the pertinent training

rules and regulations, which are herewith part and purpose of the contracts and the relevant legal

provisions.

§ 4 AET Aviation’s Services

(1) AET Aviation obligates itself to carry out training and checks with the observance of required

due care, legal requirements and the applicable, current training rules and regulations.

(2) AET Aviation shall take care to set training dates in consultation with the trainee and to keep

the arranged training dates. In the case of postponement AET Aviation shall try to inform the

trainee as soon as possible.

(3) Should a date be cancelled, AET Aviation shall make plans to find a replacement date as soon

as possible.

(4) AET Aviation obligates itself to carry responsibility for a regular and efficient training within the

space of their capacity and with consideration for the cooperative responsibility of the trainee.

(5) The training manager designated by AET Aviation shall be responsible for establishing exam

readiness.

(6) AET Aviation has the right to authorize third parties to carry out training. AET Aviation may

also issue subcontracts or a direct and special contract shall be established between the

customer and the third party. In this last case the relevant conditions of the third party shall be

valid for the extra contract agreement between the customer and the third party.

§ 5 Cooperation of the Trainee

(1) The trainee obligates themselves to follow instructions given within the framework of the

trailing at all times and to observe the training regulation of AET Aviation, which are the subject of

this training contract.

(2) The trainee obligates themselves to keep to the training / examination dates established by

AET Aviation.

(3) Should the trainee be unable to keep an established training date, they must communicate

and prove this to AET Aviation without delay. Proof or a medical testimonial shall be presented

without delay. Whether or not evidence presented shall be proof, is determined by AET Aviation ́s

decision alone.

(4) The customer obligates themselves to prepare and review the lesson or check beyond the

period of the scheduled lesson or check and to strengthen their knowledge through private study.

§ 6 Contract Length

(1) The length of training is determined through both the operational capacity of the trainer/

examiners as well as the individual requirements and abilities of the customer.

(2) The training contracts ends with the termination of the training by the trainer/ examiner.

§ 7 Withdraw/Cancellation

(1) The customer has the right to withdraw from the contract up until the start of training. In case

of withdrawal within 65 days of the start of training however, AET Aviation charges 0% of

cancellation fee. Between 65 to 35 days, the customer shall levy a processing fee in the amount

of 50% of the booking fee. If the remaining time is less than 35 days, the customer shall levy a

processing fee in the amount of 100% of the booking fee.

(2) The orderly right of cancellation is waived.

(3) The right of cancellation for an important reason remains unaffected. If not agreed otherwise,

important reasons for cancellation shall be:

a) if an apparent lack for suitability of the trainee shall be established after the assessment of the

training director

b) liable infringements by the trainee against this contract, the training rules, the training

regulations, or relevant legal stipulations

c) liable damage of a training device by the trainee

d) a missed payment deadline and

e) deficiencies in the person of the trainee insofar as they shall have a negative consequence for

the purpose of the training and/or are at risk of endangering public safety and order.

§ 8 Booking Costs

(1) The trainee obligates themselves to payment of all costs before the event takes place.

(2) The costs of training shall be transferred by the trainee such that they are credited to AET

Aviation ́s account prior to the start of any training or check.

(3) The transfer shall be carried out with the listing of the first and last names of the trainee and

the course date to one of the following accounts of AET Aviation:

Bank transfer

Creditcard

Paypal

(4) The final prices from AET Aviation depend on the location and the date and must be

determined individually. The final price will be send to the customer which poses the final offer.

They shall be understood as final prices.

(5) The customer attests with the booking a product that he is capable to meet all payment

demands of AET Aviation from the training contract by the due dates. Should the trainee fall into

economic difficulties during the training, such as could hinder punctual payment, they are thus

obligated to make notification to AET Aviation without delay.

(6) The customer shall receive invoices via email. The read receipt shall be considered notice of

delivery.

(7) The following essential elements are included in the training costs: admission fee, fee for

theory lessons, fee for instructor/ examiner, costs of simulator time, costs of lesson material for

distribution and so forth.

§ 9 Liability

(1) AET Aviation is entirely liable to the trainee for all damages caused with intention or in cases

of gross negligence as well as such damaged caused by their legal representatives or contract

helpers.

(2) In cases of minor negligence, AET Aviation is entirely liable in the case of loss of life, injury to

the body or health. For the rest AET Aviation is only liable, insofar as they have infringed an

essential contract obligation (cardinal obligation). In these cases the liability shall be limited to the

restitution of the foreseeable and usually applicable damage.

(3) For resulting damages from the occupation of third parties AET Aviation assumes no liability

as long as AET Aviation is not imputable.

(4) Data communication over the internet cannot, according to the current state of technology, be

assured without error nor is it at all times available. AET Aviation is thus not liable for either

continual or uninterrupted availability of their internet services.

§ 10 Acts of God

(1) AET Aviation shall be freed from this contract of the obligation of service, whenever and

insofar as after the contract signing their non-fulfilment can be ascribed to the appearance of

circumstances attributable to acts of God and no legal regulation shall contradict this.

(2) Wars, strikes, unrest, dispossession, cardinal legal changes, storm, floods and other natural

disasters for example shall be considered acts of God as well as other circumstances not

ascribable to AET Aviation such as technical defects and governmental action.

(3) Each party to the contact shall inform the other party to the contract of the occurrence of a

case of an act of God without delay and in writing.

§ 11 Mediation

(1) Should a difference of opinion between the parties arise in the carrying out of this contract

agreement, the parties to the contract are obligated to carry out a mediation process to resolve

this difference of opinion.

(2) Should the parties not reach agreement in this manner, each party can bring suit in a valid

court after the end of the mediation process.

§ 12 Further Matters

(1) All changes and additions to these general terms and conditions must take written form. Side

agreements are unaffected.

(2) Should individual stipulations of this contract lose validity or contradict legal rules, the rest of

the contract shall not be affected by this. The invalid stipulation shall be replaced by a legally

enforceable stipulation with the agreement of the parties to the contract, which stipulation shall

come nearest to the economic sense and purpose of the invalid stipulation. This regulation shall

also apply to gaps in the regulations.

(3) The law of the Federal Republic of Germany excepting the laws of international trade of

moveable goods (UN Trade Law) shall apply to all legal relations between the parties. For

consumers this jurisdictions is valid only insofar as it does not remove protections provided by

mandatory stipulations of the law of the state in which the consumer normally resides.

(4) If the trainee is a merchant, judicial person of public law or of publicly legal special sets, the

exclusive place of jurisdiction for all disputes of this contract shall be AET Aviation ́s place of

business. This same shall apply, should the trainee not possess a general place of jurisdiction in

Germany or the EU or their residence or normal place of residence is unknown at the time a suit

is brought.

§ 13 Information for the Consumer

(1) The identity of AET Aviation may be understood from the company details (Imprint).

(2) The essential characteristics of the services offered by AET Aviation are reproduced in § 4 of

these general terms and conditions.

(3) Formation of a contract shall be according to § 2 of these general terms and conditions.

(4) Payments shall occur according to the rules in § 8 of these general terms and conditions.

(5) The English or German language shall be made available for the formation of contract.

(6) Information about data protection may be taken from the data protection declaration.

§ 14 Withdrawal Instructions

In the case that you are the consumer as described in § 13 of the civil law book, to wit according

to § 1.2 of these general terms and conditions, i.e. you are entering into a transaction, which

cannot in the majority be ascribed to your commercial or freelance professional occupation, you

have a right of withdrawal according to the following stipulations:

The following declaration, specifically the following example withdrawal form shall be adjusted as

needed and presented to the customer before the submission of their contract declaration in clear

and comprehensible form.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without listing a reason.

However, there could be a cancellation fee according §7 of the contract. This withdrawal deadline

shall be fourteen days from the day of formation of contract. In order to use your right of

withdrawal, you must inform us of

Name/Company: __________

Street: ___________

PLZ (Postal code), Place: _____________

Telephone: _____________

Email: ____________

using a clear declaration per email of your decision to withdraw from this contract. You can use

the included example withdrawal form, but it is not mandatory. For observance of the withdrawal

deadline it is enough, that you send notice of the exercise of the right of withdrawal before the

passing of the withdrawal deadline.

Consequences of Withdrawal

Should you withdraw from this contract, we are obligated to return all payments, which we have

received from you, including the delivery costs (with the exception of extra costs, which shall

occur should you choose a different method of delivery than the inexpensive standard delivery

offered by us) without delay and at the latest within fourteen days from the day on which we

receive your notice of withdrawal. For this refund we shall use the same method of payment that

you used for the original transaction unless something else was specifically agree with you;

Depending on the time remaining to your lessen cancellation fees can be exacted from you

because of this refund.

Example Withdrawal Form

(If you wish to withdraw from the contract, then please fill out this form and send it back.)

- To (please insert the name, address, phone number and email address of the company as given

by the company)

- I/We hereby withdraw from the contract agreed upon by me/us for the purchase of the following

goods(*) / fulfilment of the following services

-Ordered on (*) / Received on (*) _ Date

-Name of the consumer(s)

-Address of the consumer(s)

-Signature of the consumer(s) (only if sent on paper)

-Date

(*) Cross out the inapplicable

End of the Withdrawal Instructions

For all other matters, please see our general terms and conditions.

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