General Terms and Conditions of Business and Lease of ARFF-SERVICES GMBH

1. General Terms and Conditions
2. Special conditions according to the Distance Learning Protection Act (FernUSG)
3. Lease Conditions
4. Customer information

_____________________________________________________________________________

I. General Terms & Conditions

§ 1  Basic provisions

(1 ) The following Terms and Conditions apply to contracts that you conclude with us as a provider (ARFF-SERVICES GMBH), in particular via the website https://www.arff-services.com/, unless otherwise agreed in writing between the parties. Any deviating or conflicting terms and conditions shall only be effective with our express consent.

(2 ) We only offer our services for booking if you are a natural or legal person or a partnership with legal capacity that is exercising its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.

(3 ) These General Terms and Conditions listed in Part I apply to every contractual relationship. If you intend to book courses that are subject to the Distance Learning Protection Act (FernUSG), Part II shall apply additionally. If you intend to lease goods, Part III shall apply additionally. With Part IV we fulfil our statutory information obligations.

§ 2 Object of the contract

The object of the contract is the provision of services, in particular consultancy services, as well as the organization of courses, seminars and training sessions. The services for training purposes in the field of firefighting and rescue can take place both on site and online as well as in the form of individual or group coaching, with or without a simulator. The main features of the services can be found in the respective offer.

§ 3 Conclusion of contract

(1) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit an individual and binding offer to you in written form (e.g. by e-mail), which you can accept within 30 days (unless other period is specified in the respective offer).

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. Therefore, you are required to ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 4 Service provision for courses, seminars and training sessions

(1) The provision of services and the organization of courses, seminars or training sessions (hereinafter referred to as “event”) in the form described in the respective offers shall take place on the agreed dates. We provide these services to the best of our knowledge and belief, either personally or with the assistance of third parties.

(2) Depending on the service booked, the event may take place in person or online by means of remote communication. You will also receive detailed information on the implementation of the respective service using a video conferencing tool, the technical and other requirements necessary for this, in the event description, during the booking process and/or in the booking confirmation sent by us or sent after booking.

(3) We offer services in the form of consulting services and the provision of system operators and trainers. In particular, we offer both online events and on-site events at your premises or at our partner training centers. These include, for example, aircraft recovery manager course, aircraft firefighting, leadership training and refresher courses.

(4) Unless otherwise stated in the offer, the minimum number of participants for so-called open courses is eight. If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services that have already been provided will be reimbursed without delay.

(5) If an event is cancelled because of temporary absence of the event manager due to illness or for other important reasons, in particular due to the system being out of operation due to a technical defect, the cancelled date shall be made up on an alternative date.

(6) In connection with the use of event rooms and facilities provided by us, you must comply with the locally displayed house rules. You must adhere to our instructions or the instructions of the course instructor.

(7) Participation in the events is at your own risk. It is recommended that you take out appropriate accident and/or liability insurance.

§ 5 Subcontractors

(1) We are authorized to engage third parties (subcontractors) in the provision of services.

(2) We shall be liable for the actions of subcontractors as for our own actions.

§ 6 Collaboration requirements

(1) You are obliged to cooperate if further information must be made available to us in order to provide our services or if a specific act of cooperation is required on your part. Your cooperation obligations arise from the respective offer.

(2) If no specific cooperation obligations are agreed and the services are provided at your place of business, you shall provide training rooms of an appropriate size and catering during the training courses.

(3) You shall inform us of the names of the participants at least one week before the start of the course, provided that the issuing of participation certificates and certificates has been agreed.

(4) In particular, at the time of the provision of the services, you are to provide the opportunity to enter your premises on site in an accessible manner and reasonably safe condition. In addition, you shall grant us and our subcontractors access to the training area, including access authorization, in particular for the delivery of gas and the transport of the simulation system, for the duration of the event.

(5)  Provided that we carry out a written enquiry about the suitability for respiratory protection, e.g. in accordance with the Fire Service Regulation 7.3 in Germany, the participants are obliged to complete the questionnaire truthfully prior to the event.

(6) The participants must use their personal protective equipment and a respirator assigned to them during the event, if necessary.

(7) If a participant feels unable to take part in the event due to health reasons, he/she must inform the responsible instructor immediately.

(8) You shall provide the equipment required for aircraft firefighting, in particular water supply, cutting equipment for entering the aircraft, ladders, airport fire trucks, respiratory protection equipment and other equipment as agreed.

(9)  During the events, we take photographs and make videos that can be used for advertising purposes. You are obliged to obtain the corresponding declaration of consent from the participants in advance and hand it over to us. We will provide you with the corresponding form.

(10) A health check is required before the start of certain events. You are obliged to carry out the corresponding enquiry with the participants in advance and to submit the proof to us afterwards. We will provide you with the corresponding form.

§ 7 Insurances

(1) We have a business liability insurance and product liability insurance with maximum coverage of 50 million EUR for the security area of airports for the duration of the event.

(2) Participation in the courses is at your own risk. You ensure that you also maintain all relevant insurances for your employees as well as for third parties invited by you as participants over the course of the fulfilment of our services during the entire contract period. It is recommended that you take out appropriate accident and/or liability insurance.

(3) If proof of social insurance cover, in particular the so-called A1 certificate, is required for business trips abroad, you are obliged to obtain this proof for the participants.

§ 8 Withdrawal / Cancellation

(1) You can withdraw from the contract free of charge at any time without giving reasons before the start of the course or training. The cancellation must be made in writing (e.g. e-mail). The relevant time for compliance with the deadline is the receipt of the declaration of withdrawal by us.

If you withdraw from the contract, an appropriate compensation will be due (cancellation fee). In the event of cancellation, it is

• 50 % of the total lease price between 30 and 20 days before the start of the contract,
• 75% of the total lease price between 19 and 10 days before the start of the contract,
• 100 % of the total lease price 9 days or less before the start of the contract.

(2) If a deposit has already been paid, the deposit will be offset against the cancellation fee to be paid by you.

(3) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.

(4) The declaration of withdrawal must be made in writing (e.g. e-mail). The relevant time for compliance with the deadline is the receipt of the declaration of withdrawal by us.

(5) The statutory right of withdrawal remains unaffected by the cancellation.

§ 9 Substitute participants

You can nominate a substitute participant from your own company at any time before the start of the course. You will not incur any costs for this rebooking.

§ 10 Contractual period, termination

(1)  Unless otherwise agreed, all contracts begin with the conclusion of the respective contract and are concluded for the duration specified in the offer.

(2) The right to terminate the contract without notice for good cause remains unaffected.

(3) The termination must be made in writing to be effective (e.g. e-mail).

§ 11 Prices and terms of payment; minimum purchase

(1) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory VAT.

(2) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. The invoices are presented in EUR. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. Discount deduction is permissible only if expressly stated in the relevant offer or in the invoice.

(3) We reserve the right to demand the agreed remuneration in advance or in part as a down payment.

(4) If the delivery of so-called Task-Resources-Analysis is an integral part of the contract, 50 % of the offer price is due for payment immediately. The remaining 50 % of the total price is due for payment 14 days after the invoice has been issued at the end of the official discussions.

(5) If the handover of  so-called training plan is an integral part of the contract, 30 % of the offer price shall be due for payment immediately. After handover of the so-called shift planning, a further 30 % of the offer price is due for payment. The remaining 40 % of the price shall be due for payment immediately after we have rendered the complete services.

(6) In accordance with the so-called  Reverse Charge procedure, the VAT will be paid by you in the country in which you have your registered office.

(7) If a specific quota is agreed within the offer, you can call up the quota during the entire term of the contract. The parties agree that the quota is a minimum purchase. Even if you fall short of the annual quota, you are obliged to pay the agreed annual fee for the entire term of the contract.

§ 12 Warranty

Legal warranty claims are effective.

§ 13 Liability

(1) We shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of willful intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee and in all other cases regulated by law.

(2) If material contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, our liability for slightly negligent breaches of duty is excluded.

§ 14 Prohibition of assignment, offsetting, right of retention

(1) You shall only be entitled to a right of set-off or retention on the basis of legally established or undisputed counterclaims.

(2) Subject to our written consent, you are not authorized to assign your claims from this contract against us to third parties. The provisions of § 354a HBG remain unaffected.

(3) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

§ 15 Governing law, place of performance, place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and place of jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

_____________________________________________________________________________

II. Special conditions according to the Distance Learning Protection Act (FernUSG)

§ 1 Scope

Events pursuant to § 3 para. 2 of the Distance Learning Protection Act (FernUSG), which are subject to the scope of application of the Distance Learning Protection Act (FernUSG) (hereinafter “Distance learning contract”), are labelled accordingly by us in the offers and have the approval of the State Central Office for Distance Learning in accordance with § 12 of the Distance Learning Protection Act (FernUSG). The authorization number can be found in the respective offer.

§ 2 Duty to provide information

(1) The type and validity of the conclusion of the Distance learning contract pursuant to § 3 para. 3 No. 1 of the Distance Learning Protection Act (FernUSG) results from our offer.

(2) The location, duration and frequency of the accompanying lessons of the Distance learning contract in accordance with § 3 para. 3 No. 2 of the Distance Learning Protection Act (FernUSG) as well as the information on the delivery of any necessary distance learning material in accordance with § 3 para. 3 No. 3 of the Distance Learning Protection Act (FernUSG) also result from our offer.

(3) If the distance learning contract includes preparation for a public law or other external examination, information on admission requirements in accordance with § 3 para. 3 No. 4 of the Distance Learning Protection Act (FernUSG) also result from the annex to our offer.

§ 3 Right of rescission

In the case of a Distance learning contract within the meaning of Section II, § 1 of these General Terms and Conditions, you are also entitled to the right of rescission as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), § 4 of the Distance Learning Protection Act (FernUSG). The details can be found in the rescission policy.

§ 4 Termination

(1) Deviating from the provisions of Part I, § 9, you may terminate the Distance learning contract without giving reasons initially at the end of the first half-year period after conclusion of the contract with a notice period of six weeks, after the end of the first half-year period at any time with a notice period of three months. The right to terminate the contract for good cause remains unaffected.

(2) In the event of cancellation, you only have to pay the portion of the remuneration that corresponds to the value of our services during the term of the contract.

(3) The right to terminate the contract without notice for good cause remains unaffected.

(4) Effective termination requires the text form (e.g. e-mail).

_________________________________________________________________________

III. Lease conditions

§  1 Subject of the contract

The subject of the contract is the leasing of lease objects, in particular the mobile aircraft simulation system, modules such as cockpit, center, wing and supply containers for the completion of training (hereinafter referred to as “leased object”) by us (hereinafter referred to as “lessor”) to you (hereinafter referred to as “lessee”). The details can be found in the offer. Unless otherwise agreed, we owe both the delivery and the removal of the leased object.

§ 2 Conclusion of the contract, booking

(1) Deviating from the provisions of Part I, § 3 of the General Terms and Conditions, the contract for the lease of goods shall be concluded as follows:

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

You can use our contact form to submit a non-binding enquiry (reservation).

We will then contact you by telephone or e-mail to discuss any details of your enquiry. You will then receive a binding offer from us by e-mail. We are bound by this offer for 30 days. If you do not accept the offer by the end of the 30th day, the offer expires.

(2) The processing of the order and transmission of all information required in connection with the conclusion of the contract is mainly carried out by e-mail and is partly automated. Therefore, you are required to ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Cooperation, use of leased objects, damage events, subletting, inspection, rights of third parties

(1) You must ensure that the leased object can be set up on paved surface and that support for the assembly and dismantling of the leased object is guaranteed. The support service is provided by agreement or results from the offer.

(2) You are responsible for compliance with the necessary measures, such as water drainage.

(3) You undertake to handle the leased objects with care in accordance with the instructions and manufacturer’s specifications. You undertake to treat the leased objects with care and in compliance with the technical regulations and to store them exclusively in a safe place in a locked condition.

(4) During the use of the leased object, you must check the condition of the leased object for obvious damage, technical integrity and road safety. If safe operation is no longer guaranteed or use is impaired, you must immediately take appropriate safety precautions and inform us accordingly.

(5) While the leased objects are not in use, they must be properly secured, in particular against theft and vandalism, e.g. by means of fencing, a security guard or video surveillance.

(6) After an accident, improper gas leakage or fire, damage caused by game or  criminal offence, in particular theft and damage to property, you must notify the police immediately and inform us. In the event of other damage, you must notify us of the damage immediately. This also applies to minor damage and self-inflicted accidents without the involvement of third parties. You must immediately provide us with truthful information about the damage event and inform us fully and in writing about all details.

(7) In the event that third parties assert rights, in particular liens, on the leased objects, you shall point out the lease relationship and our ownership of the leased objects and inform us immediately.

(8) Any – even partial – subletting or other transfer of use of the leased object to third parties, even free of charge, is subject to our consent, e.g. in text form. Furthermore, it requires instruction by an instructor who has been trained by us and one of our system operators.

§ 4 Cancellation

(1) You can withdraw from the lease contract any time before the start of the lease period without giving reasons (cancellation). If you withdraw from the lease contract, an appropriate compensation will be due (cancellation fee). In the event of cancellation, it is

• 10% of the total lease price up to 31 days before the start of the lease period,
• 30 % of the total lease price between 15 and 30 days before the start of the lease period,
• 50% of the total lease price between 14 and 9 days before the start of the lease period,
• 90 % of the total lease price 8 days or less before the start of the lease period.

(2) The withdrawal must be made in writing (e.g. e-mail). The relevant time for compliance with the deadline is the receipt of the declaration of withdrawal by us.

(3) The statutory right of withdrawal remains unaffected by the cancellation.

§ 5 Duration of contract, return of the leased object

(1 ) The lease contract is concluded for a specific period of time, which is specified in the offer. The leased object is made available to you for the agreed period. The lease contract begins with the delivery of the leased object to you and ends at the end of the agreed lease period.

(2) The leased objects must be returned to the agreed place of return at the agreed time at the latest.

(3) The leased objects must be in the same condition as they were handed over, with the exception of normal wear and tear due to use. The leased objects must be returned in an operational and complete condition. Final cleaning must be carried out by you.

(4) In the event of  late return, you shall pay an additional fee for each day or part thereof that the return is overdue. This does not exclude claims for further damages.

(5) If you continue to use the leased objects after the end of the lease period, the lease contract shall not be extended indefinitely. § 545 of the German Civil Code (BGB) is excluded.

§ 6 Price, payment, due date, deposit, invoice

(1) The lease price is made up of the basic lease plus VAT, the transport of the system and the travelling and accommodation costs of the system operator. Gas consumption is included in the final price. The lease prices are based on the respective offer.

(2) The lease price must be paid in the agreed amount even if the lease object is returned early.

(3) Invoices are presented in EUR.

(4) Upon handing over the leased object, you must pay a security in the form of a sum of money (hereinafter referred to as deposit) in the amount of at least 500 EUR or the amount stated in the offer. We have the right to satisfy any claims we may have against you under the lease contract from the deposit. Upon return of the leased objects, we shall check whether they are in the condition stipulated in the contract in accordance with § 5. If this is the case, the deposit paid in cash will be returned to you immediately. If you have paid the deposit elsewhere, you shall receive the deposit back within 7 to 10 days. If the leased objects do not correspond with the contractual condition, we shall retain the deposit until the matter has been finally clarified. After final clarification of the facts, you will receive the deposit back, minus any claims.

§ 7 Liability of the lessee, exemption from liability

(1) In the event of damage to and loss of the leased objects and breaches of this lease contract, you are generally liable in accordance with the general liability rules up to the amount of damage, insofar as the occurrence of the damage is due to improper handling of the leased objects on your part as the lessee or by third parties that are present in the risk area of the lessee. Liability also includes ancillary damage costs, such as expert costs, depreciation, loss of use.

(2) You shall indemnify us against all claims of third parties due to infringements of rights which are based on unlawful use of the leased object by you, or which are carried out with your approval. In addition to claims for damages, the indemnification also includes the reimbursement of reasonable costs for legal defense. The indemnification requires that a settlement or acknowledgement of third-party claims is only made with your prior written consent.

(3) Several lessees are jointly and severally liable for claims arising from or in connection with the lease contract.

§ 8 Warranty, liability of the lessor

(1) Subject to the following agreed provisions, the statutory provisions shall apply.

(2) Strict liability for initial defects in accordance with § 536a German Civil Code (BGB) is excluded. We shall only be liable in this respect in the event of gross negligence or willful intent.

(3) Furthermore, we refer to Part I, § 13 with regard to liability.

_____________________________________________________________________________

IV. Customer information

1. Identity of the Provider

ARFF-SERVICES GMBH

Oststraße 11

04564 Böhlen

Phone: + 49 34206 776 90

E-mail: info@arff-services.com

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I) and the Lease Terms and Conditions (Part II).

3. Contract language, contract text storage

3.1 The contractual language is German.

3.2 We do not store the complete text of the contract. Before submitting the booking or enquiry, the contract data can be printed out or saved electronically using the browser’s print function.