Terms of Service
General Terms of Trade
of F.A.S.T. Future Aviation Simulation Technologies GmbH, Walther-Huth-Straße 4, D-12487 Berlin
1. Range of Application
1.1 The following terms and conditions (AGB) are part of the contracts relating to participating in a flight simulation, concluded between the customer and F.A.S.T. Future Aviation Simulation Technologies GmbH, represented by its Managing Director Walter Drasl, Walther-Huth-Straße 4, D-12487 Berlin, herein after referred to as FAST.
1.2 Subsidiary agreements and other variations that change the scope of the contractual services require our explicit confirmation.
1.3 Individual agreements between the parties (including agreements, additions, and amendments), in all cases prevail over these terms.
1.4 Customers for the purposes of the present conditions are both consumers and business clients.
2. Conclusion of Contract
2.1 The contract will come about as follows:
The list of flight simulations shown on the website proflight.com is not an offer in the legal sense.
By submitting his request, the customer declares his binding offer. Errors can be corrected before submitting the order using the usual keyboard and mouse functions. By clicking submit to „request“ you send a binding offer to buy.
Upon receipt of the offer at FAST customer receives an automatically generated E-Mail that lists the receipt of the application and its particulars. This confirmation does not constitute acceptance of the offer by FAST The acceptance is made either expressly or by sending the invoice.
2.2 The contract will be filed by FAST and will be sent to the customer along with Terms of Trade via E-mail.
4. Prices and VAT
4.1 The listed prices are final prices including VAT.
For damage caused to other legal interests than to life, body or health, liability is excluded if the damage is not caused by willful or grossly negligent behavior of FAST, its lawful representative or its agents, and that behavior is no violation of contract essentials.
This disclaimer does not apply to claims affected by the product liability law.
10.1 FAST uses personal data (such as name, address, payment information) specified by the customer solely for the purpose of contract processing. Customer data will be given to third parties only for purposes of fulfilling the contract.
10.2 With the completion of the contract, including full payment of the agreed compensation, customer data will be deleted unless a retention is necessary for legal reasons or customer has explicitly consented to further processing and use of his data.
10.3 Customer may at any time without charge query about and change the data stored at FAST. Any consent granted may be revoked by customer at any time.
14. Final Provisions
14.1 Should individual provisions of the contract with the customer, including these General Terms and Conditions, in whole or in part be or become invalid, the remainder of the provisions shall remain unaffected.
14.2 The relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG).
14.3 If the customer is merchant, legal entity under public law or public special fund, the exclusive jurisdiction for any disputes arising from this contract is the seat of FAST.
This is also applicable if the customer has no domicile or habitual residence in Germany.
14.4 The contract language is German.