These General Terms and Conditions apply to the use of the ProPilots portal and all transactions concluded by customers with ProPilots GmbH (hereinafter referred to as “ProPilots”; detailed information on the seller under Item 2 of the General Terms and Conditions) concerning goods.
Goods in this sense include, but are not limited to, animation trainings for online video trainings, as individual products or as a subscription as well as licenses for the use of online video trainings via the ProPilots portal or separately agreed license agreements. The General Terms and Conditions of ProPilots GmbH as amended from time to time shall always apply exclusively. ProPilots has the right to amend these General Terms and Conditions at any time and in particular to adapt them to changed legal or economic conditions. The change becomes effective with the subsequent order by the customer via the ProPilots portal. Deviating terms and conditions of the respective contractual partner are expressly excluded.
2.1
The customer’s order shall be deemed a binding offer to conclude a user contract for the online training ordered. The contract of use shall be concluded when ProPilots either expressly accepts the order or corresponds to it by providing access to the online training ordered within 14 days of receipt of the order by ProPilots. After expiry of this period, the customer shall no longer be bound and the user contract shall be deemed not to have been concluded.
2.2
The offer to conclude a fee-based contract of use shall be made by the customer by successfully completing the marked steps in the ordering process. During the ordering process, the customer has the opportunity to check his own details for errors before the order is sent to ProPilots.
2.3
Before completing the order process, the customer must confirm the General Terms and Conditions as well as the revocation instructions. In addition, the customer receives the general terms and conditions as well as the revocation instructions as a PDF file by email together with the invoice.
2.4
The user contract grants the customer the paid, temporary use of the online training or the correspondingly licensed animations as well as provided questionnaires in the area of type rating, CRM and flight operations. The period of use against payment is 12 months, unless otherwise agreed in writing by ProPilots. An extension of the period of use is possible by payment of further license fees. 6 weeks before the end of the 12-month usage period, the customer receives an e-mail notification that his usage license will expire at the end of the contractually agreed usage period.
2.5
The conclusion of a purchase contract for the relevant online training or the corresponding animations is expressly excluded.
2.6.
Commercial customers (flight schools, flight companies, companies, etc.) can only use the ProPilots training software in their company area via a written offer. The conclusion of a contract via the Internet / web portal is excluded and always requires an individual written offer. All prices or license fees for commercial customers (flight schools and aviation companies) are exclusive of a price without the applicable value added tax (net prices).
3.1
The minimum contract term for the training subscription is twelve months for annual subscriptions, unless otherwise individually agreed, and begins on the day the access is made available. The contractual relationship shall automatically expire for both contracting parties at the end of the minimum contractual period. Exception: The minimum contract period has been extended in the form of a written offer.
3.2
The right to terminate the user contract for good cause remains unaffected for both parties. Important reason for ProPilots is especially if the customer violates the terms of the contract and license. This includes, in particular, if the customer makes the contents of the training animations available to third parties in whole or in part unlawfully.
4.1
The license fee or usage fee agreed shall be that which results from the current information on our website (or from our price lists, etc.). We are entitled to withdraw from the contract in the event of spelling, printing and/or calculation errors.
4.2
For private customers, all prices or license fees are exclusive of the applicable sales tax (gross prices). For other EU countries, different VAT rates may apply, which are automatically adjusted to the respective country. This may lead to deviations in the gross prices shown on the website. The purchase of the training software via the platform www.propilots.de / www.propilots.com is not intended for commercial customers. The purchase does not constitute an acceptance and the contract of use is deemed not to have been concluded.
5.1
Unless expressly stated otherwise or agreed with ProPilots, when ordering an online training course the customer acquires a personalised access authorisation on the online platform of ProPilots which exclusively entitles the registered user to use the ordered training animations (“Named User Licence”). ProPilots provides access to the ordered training software (3D animation training, type rating of the corresponding helicopter models, CRM, flight operations) without unnecessary delay, in any case within 3 days. The user can play the training program in the form of streaming in the web browser for the agreed period of use without restriction.
5.2
A transfer of the access data or a transfer of the access and/or the access data to third parties is only possible within the scope of the acquired licenses (Company Edition – B2B). The customer must ensure that his access data does not accidentally fall into the hands of third parties.
5.3
Should ProPilots have reason to believe that an unauthorized, improper use of the online service is present, ProPilots shall have the right to take appropriate measures following prior contact with the customer. These measures include in particular the right to change the password of the affected user account, temporarily deactivate the access or delete the affected user account. Further claims for damages against the customer remain unaffected by this.
6.1
The Customer shall pay the licence fee immediately and in advance for the entire agreed minimum period of use, free of charges and without any deduction, and undertakes to fulfil the necessary conditions of the payment procedures offered by the payment provider used.
6.2
The Customer may choose from the payment methods offered during the ordering process. By registering and choosing the payment method direct debit (direct debit authorisation procedure), credit card or PayPal, the Customer declares his agreement that the Provider will debit a bank account or his PayPal account or his credit card with the corresponding amounts in advance. The customer will receive an invoice by email.
6.3
In the event of statutory changes to the VAT rate, the Provider shall be entitled to adjust the VAT on the products accordingly. In the event of a chargeback caused by the customer (e.g. insufficient funds in the account or a chargeback by the customer), the provider is entitled to invoice the additional costs incurred as a result, which are caused in particular by bank and processing fees.
By registering, the customer assures that he is the legal owner or authorised signatory of the bank account, PayPal account or credit card specified by him when registering. If the Customer is in default of payment, the Provider shall be entitled to block access to the Service immediately. Access to the Service may also be blocked if the payment information provided is found to be incorrect or inadmissible.
However, the blocking does not constitute an exercise of the right of withdrawal by the provider. The right of the provider to assert further claims for damages and the withdrawal from the contract in case of default of payment remain unaffected.
7.1
ProPilots is not liable for the content of the animation modules, in particular the formal or content-related correctness and legality of the statements, texts, images, sound or audio carriers, source texts, instructions, etc. contained therein.
7.2
The ProPilots training animations reflect the current state of science and teaching of aircraft in flight operations. Corresponding updates of the animation modules are included in the license fees. The customer must tolerate the installation of the updates. The materials contained in the training animations are intended exclusively for training and demonstration purposes. In case of a dangerous situation during the operation of an aircraft, the instructions of the respective flight manual of the manufacturer “Flight Manual” of the respective aircraft (manufacturer) always have absolute priority and must be observed and applied by the pilot.
7.3
ProPilots accepts no liability for technical malfunctions during operation of the ProPilotWebShop. ProPilots also reserves the right to discontinue operation at any time; this, however, is without prejudice to the proper handling of contracts already concluded. Despite all due care and the use of state-of-the-art technology, ProPilots cannot guarantee the unrestricted availability of its servers. A short-term, temporary breakdown or a temporary unavailability of these servers therefore does not entitle the customer to withdraw from the contract or to claim damages.
7.4
In order to use the ProPilots animation modules in corresponding HD quality, the customer is obliged to set up and maintain a sufficiently fast broadband Internet connection. ProPilots accepts no liability for technical defects caused by the fact that the customer does not have a sufficiently fast broadband Internet connection.
Translated with www.DeepL.com/Translator
8.1
The customer agrees that ProPilots may automatically determine, store and process personal data such as first name, surname, postal code, address, e-mail address for the purpose of concluding and processing the contractual relationship.
8.2
Our customers are informed at regular intervals about innovations, software updates, product information, current events etc.. The customer agrees to the sending of the N ewsletter. The customer can revoke his consent to the sending of the newsletter in writing at any time.
9.1
The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. Place of performance for both parties is Bonn. The place of jurisdiction for all disputes arising from the contractual relationship, if the buyer is a registered trader, shall be the competent court in Bonn. This shall also apply to claims arising from cheques surrendered and to claims arising from tort.
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