§ 1 Scope
(1) The following Teams and Conditions from SKY4u 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) SKY4u has the right to alter this 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. SKY4u 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 SKY4u 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 SKY4u themselves.
(2) With an order of a service through completion and submission of online forms on the internet, the customer ultimately makes a binding offer to form a training contract. With the submission of the order to SKY4u the customer assures that they are unlimitedly contractually capable and possess all necessary personal requirements for training. SKY4u 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) SKY4u has the right to accept the offer within a time period of seven days of the sending of an order confirmation or the sending of the requested services. The order confirmation shall take place as the transmission of an email. After the unsuccessful passing of the deadline, the offer shall be considered to be declined.
§ 3 Purpose
(1) SKY4u 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 SKY4u
(3) SKY4u does not assure success for passing of a governmental exam or a successful final exam
(4) The training takes place in seminar rooms and 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 SKY4u’s Services
(1) SKY4u obligates itself to carry out training with the observance of required due care, legal requirements and the applicable, current training rules and regulations.
(2) SKY4u shall take care to set training dates in consultation with the trainee and to keep the arranged training dates. In the case of postponement SKY4u shall try to inform the trainee as soon as possible.
(3) Should a date be cancelled, SKY4u shall take pains to find a replacement date as soon as possible.
(4) SKY4u 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 SKY4u shall be responsible for establishing exam readiness.
(6) SKY4u has the right to authorize third parties to carry out training. SKY4u 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 SKY4u, which are the subject of this training contract.
(2) The trainee obligates themselves to keep to the training dates established by SKY4u.
(3) Should the trainee be unable to keep an established training date, they must communicate and prove this to SKY4u without delay. Proof or a medical testimonial shall be presented without delay. Whether or not evidence presented shall be proof, is determined by SKY4u’s decision alone.
(4) The trainee obligates themselves to prepare and review the lesson beyond the period of the scheduled lesson 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 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.
§ 6 Withdraw/Cancellation
(1) The customer has the right to withdraw from the contract up until the start of training. In case of withdrawal within 7 days of the start of training however, SKY4u shall levy a processing fee in the amount of 250,- €.
(2) Should the trainee fail to appear without excuse for a scheduled simulator session, the full price or rather the cancellation fee of the simulator operator shall be billed to them by SKY4u.
(3) The orderly right of cancellation is waived.
(4) 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 Training Costs
(1) The trainee obligates themselves to payment of training costs on the due date.
(2) The costs of training shall be transferred by the trainee such that they are credited to SKY4u’s account prior to the start of training.
(3) The transfer shall be carried out with the listing of the first and last names of the trainee as well as their customer number to the following account of SKY4u:
…..
(4) The listed prices from SKY4u shall be understood as final prices.
(5) Costs of overnight accommodation for the trainee and costs for travel to and from training are not included in the training costs and shall be deducted separately as a result. Insofar as the training shall take place at the customer’s request at a location other than Berlin-Schönefeld, the travel costs of the teacher are also not included in the previously named training costs and must be covered by the trainee extra and specially.
(6) The customer attests with the signing of the training contract that he is capable to meet all payment demands of SKY4u 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 SKY4u without delay.
(7) The customer shall receive invoices via email. The read receipt shall be considered notice of delivery.
(8) The following essential elements are included in the training costs: admission fee, fee for theory lessons, costs of simulator time, costs of lesson material for distribution and so forth.
§ 9 Liability
(1) SKY4u 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, SKY4u is entirely liable in the case of loss of life, injury to the body or health. For the rest SKY4u 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 SKY4u assumes no liability as long as SKY4u 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. SKY4u is thus not liable for either continual or uninterrupted availability of their internet services.
§ 10 Acts of God
(1) SKY4u 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 SKY4u 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 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 SKY4u’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 SKY4u may be understood from the company details (Impressum).
(2) The essential characteristics of the services offered by SKY4u 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 following technical steps shall lead to the formation of a contract via SKY4u’s online order form:
a) the customer fills out the interactive online form on the presentation site of SKY4u
b) After filling out a form sheet the customers can click the “next” button, so that a further page of the form opens each time. On these form pages, the customer can register themselves, record personal information, record any flight and simulator time they have already had, attach necessary proof to their offer and finally add any personal comments to their over and take obligatory notice of the general terms and conditions. In addition, the order information shall always be viewable by the customer.
c)After loading the last online form, the customer clicks on the “submit” button, with which they submit a binding offer.
d) The acceptance by SKY4u shall take place according to the rules outlined in § 2.3 of these general terms and conditions.
(6) The customer make check their entries before submission of their order and correct them using the technical means made available by the operator. These corrections can be made directly using the usual keyboard and mouse controls. Should they wish to correct their entries, they can do this by going back, in that they click on the “Back Button” of the browser they are using. The corrections can then once again be made directly in the online form in the relevant entry fields using the usual keyboard and mouse controls.
(7) The text of the contract shall be saved by SKY4u and presented to the trainee after the formation of contract along with the current general terms and conditions, regulations, rules and further information. In addition, the text of the contract shall be archived by SKY4u and can be requested with cost by the customer for 90 days after the formation of contract.
(8) The English or German language shall be made available for the formation of contract.
(9) 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. 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: _____________
Fax Number: ____________
Email: ____________
using a clear declaration (e.g. a posted letter, fax or 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; in no case shall any fees be exacted from you because of this refund. Should you have requested that services begin prior to the withdrawal deadline, you shall pay us an appropriate about, which shall be in keeping with the portion of services rendered proportional to the total scope of the contractually planned services until the time at which you informed us of the exercise of your right of withdrawal.
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, and if applicable fax number and email address of the company as given by the company)
-I/We herby withdraw from the contract agreed upon by me/us for the purchase of the following goods(*) / fulfilment of the following servies
-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.
