Terms and Conditions
§ 1 General
(1) aeroPS GmbH, registered at Am Exer 2d, D-38302 Wolfenbüttel, Federal Republic of Germany (hereafter also referred to as “AlfaCharlie”) operates a social network for the flying community, offering users information and services related to aviation.
(2) The use of AlfaCharlie is determined exclusively by these Terms and Conditions, unless the user has another contractual arrangement with AlfaCharlie. These Terms and Conditions shall prevail over any discrepancy with the general terms and conditions of the user.
§ 2 Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
(1) “User” defines persons that visit the Internet pages of AlfaCharlie;
(2) “Participant” defines persons that are registered Users of AlfaCharlie;
(3) “Account” defines the User account of the Participant;
(4) “Owner” defines Participants who register aircraft with AlfaCharlie for the purposes of use in booking requests;
(5) “Administrator” defines Participants who act on behalf of and with the authority of the Owner;
(6) “Closed area” defines Internet pages reserved only for the Participants of AlfaCharlie;
(7) “Profile pages” defines the self-representation of the Participant within the AlfaCharlie.
§ 3 Services of AlfaCharlie
(1) AlfaCharlie makes the use of its community portal available in accordance with the following provisions and the scope of technical conditions described therein.
(2) AlfaCharlie provides the Participants with an Account.
(3) Data communication with AlfaCharlie takes place through online access via the web browser.
(4) The details of services and procedures are described on the Internet pages of AlfaCharlie. AlfaCharlie is entitled to independently carry out updates and extensions to AlfaCharlie at any time, provided this is reasonable for the Participants.
(5) AlfaCharlie is entitled to have the service administered through a third party.
(6) While the use of AlfaCharlie remains free of charge for the Participant, the Participant has no grounds to claim damages against AlfaCharlie should AlfaCharlie withdraw its service at any time. AlfaCharlie reserves the right to withdraw the free use of its portal without prior notice.
§ 4 Service Fees and Costs
For the chargeable services of AlfaCharlie, the prices that are displayed on the Internet pages of Alfacharlie at the time of placing the order shall apply. The prices quoted are consumer prices and include German sales tax (MwSt), insofar as this applies to the product or service.
§ 5 Registration of Participants, Contract for use of AlfaCharlie, Charter Agreements with Owners
(1) The use of the Closed area (fo example the forums, flight reports, images, video uploads and self-expression of Participants) on AlfaCharlie requires permanent registration. Registration can be completed by entering the required data in a designated online form. By completing the registration process, AlfaCharlie is bound by contract to provide its Participant with services. Successful receipt of the registration data will be confirmed immediately by email. This receipt does not constitute a binding acceptance of the registration but rather represents the confirmation of receipt and can only constitute an acceptance of the registration if expressly declared so by AlfaCharlie. The contract for receipt of the services of AlfaCharlie is deemed accepted by the use of the portal by the Participant.
(2) AlfaCharlie acts only as an intermediary between interested parties (Participant, Owner, Administrator). For direct inspection of the booking calendar of an aircraft or for booking requests, an independent charter agreement with the aircraft owners will be necessary. (3) No Participant who is already a registered member of AlfaCharlie can re-register, i.e. no Participant is allowed ‘double membership’ of AlfaCharlie. (4) AlfaCharlie is entitled to refuse the registration of a would-be Participant at its discretion and without explanation.
§ 6 Account Termination for Participants
You may terminate your contract, thereby closing your Account with AlfaCharlie, by giving two weeks’ notice without prior warning and without giving any reason for doing so. Notice must be given by a declaration in writing (e.g. by post, fax or email). The notice period commences with receipt of this declaration, not however before the contract has been concluded, and not before we have fulfilled our duties to provide information pursuant to article 312e para 1 (1) of the German Civil Code (BGB) in conjunction with article 3 of BGB-InfoV. Sending a prompt declaration should suffice in keeping to the notice period.
Written notices must be sent to:
Am Exer 2d
CEO: Daniel Steinhauß
Consequences of Contract Termination
In cases of effective cancellation of contract, any goods received by either party are to be returned and if applicable any benefits (e.g. interest) derived are to be surrendered. If you are unable to return the goods you received from us in full or part, or only in a deteriorated condition, you must compensate us accordingly. This may result in your having to meet contractual payment obligations for the period prior to termination. Payment must be made within thirty days. The time limit for payment begins from receipt of the written cancellation declaration.
In the event of User cancellation, the termination of the contract expires before the end of the cancellation period at your specific request if contractual obligations are fulfilled by both sides.
§ 7 Account Termination for Companies or Enterprises
If the User has utilized the services of AlfaCharlie in his or her capacity as a company or enterprise, in the exercise of an independent trade or profession, the User does not have the right of withdrawal.
§ 8 Payment
(1) Subject to exemption schemes granted in individual cases at the discretion of AlfaCharlie, payment must be made exclusively by PayPal, direct debit or credit card.
(2) If in individual cases services are agreed to be paid against invoice, then all invoiced amounts are to be paid within 14 days after issue of the invoice.
(3) If the User defaults on payment, interest will be charged at five percentage points above ECB base rate, unless AlfaCharlie can prove that losses have been incurred that justify a higher interest rate. For Users that are utilizing AlfaCharlie in the capacity of an enterprise, the default payment interest rate is eight percentage points above base rate.
§ 9 User Duties and Obligations
(1) All Users of AlfaCharlie agree to duties and obligations of conduct necessary to guarantee correct operation, non-compliance with which can be detrimental, in particular leading to cancellation and claims for damages.
(2) The duties and obligations of Users are as follows.
- The User must provide complete and honest information when registering with AlfaCharlie;
- The User may not register more than once;
- The User must immediately correct any requested data if it is subsequently modified in the administration function provided for this purpose;
- The User must not make his or her username and password available to any third party;
- The User must not make the services that AlfaCharlie offers for his or her use available to any third
- The User must disable any browser settings to automatically store passwords;
- The User must notify AlfaCharlie at firstname.lastname@example.org immediately if any abuse of the User’s password or Account has occurred or is suspected to have occurred.
(3) The User is obliged to utilize the services of AlfaCharlie ethically and legally and to respect the rights of third parties. Abuse of the services offered by AlfaCharlie will not be tolerated and infringements that constitute abuse of the portal are detailed below.
- The User must ensure that his or her data entries do not violate statutory provisions on the rights and protection of minors, and also do not transgress personal or property rights, especially the trademarks, logos and copyright of third parties. The User must ensure that each text entry and upload is within acceptable boundaries and does not violate the rules of his or her workplace, if utilizing AlfaCharlie at work. If uploading images that feature a person, consent must be given before image upload.
- The User must not use his or her data feed to express racist, immoral, discriminatory, extreme right-wing or fundamentalist religious views.
- The User is required to refrain from the improper distribution from data and from putting an excessive load on the network through the indiscriminate dissemination of data.
- The User must observe legal requirements regarding data protection and data security.
(4) In the event of a breach of contract, AlfaCharlie is entitled, at our discretion, to block and/or delete the User or the User’s AlfaCharlie newsfeed and other content, as well as exclude the User from AlfaCharlie offers and services with immediate effect. The same applies if it is pointed out to AlfaCharlie by third parties that the User in breach of his or her contract with AlfaCharlie with regard to paragraph 3 and the dissemination of content that falls outside of the Terms and Conditions.
(5) The User will be responsible for reimbursing any damage suffered by AlfaCharlie through any breach of contract undertaken by the User. The User will be responsible for any penalties suffered by AlfaCharlie should third party claims result as a consequence of the User’s breach of terms and conditions.
§ 10 Obligations of the user in cases of unavailability of the AlfaCharlie Website
(1) AlfaCharlie will inform the User by email in advance about scheduled maintenance work and its expected duration. In cases of loss of service due to system malfunction, AlfaCharlie will likewise inform the User as promptly as AlfaCharlie are able. For this AlfaCharlie will use the email address registered by the User in the system.
(2) In cases of the User being informed as in paragraph (1) or otherwise becoming aware of a system fault, the User is obliged to inform respective contract partners by alternative means of communication (e.g. telephone, fax, email) about the current situation with a booking (e.g. actual availability of the aircraft) and if necessary take precautions to avoid potential damage.
§ 11 Appointment of an Administrator
The owner of an aircraft must ensure the suitability of any manager appointed for his or her aircraft. The Administrator acts on behalf of the Owner and any action undertaken by the Administrator shall be treated as if undertaken by the Owner.
§ 12 Copyright
(1) The User will observe the obligations set out under User Duties and Obligations, Paragraph 3, point (1) regarding copyright and image ownership of all interested third parties.
(2) In the event that the User holds intellectual property rights over content or transmissions which are utilized by AlfaCharlie in its service delivery function, the content or transmissions will be for AlfaCharlie to use for the duration of service delivery.
(3) In order to enable the AlfaCharlie to function properly as a continuously growing collection of information about aviation, any entries made by Participants in forums, on web pages viewable by the public and on web pages in the Closed area, with the exception of the user’s profile, will remain after termination of the user’s registration. The User transfers this information with all necessary rights irrevocably to AlfaCharlie over the period of registration in his or her capacity as a Participant.
(4) The information contained on the website of AlfaCharlie is subject to copyright protection. The User is therefore not permitted to edit or distribute the data found on AlfaCharlie unless granted the permission to do so by the entitled person.
§ 13 Confidentiality and Privacy
(1) Data provided by a User will be stored by AlfaCharlie exclusively for the purposes of execution of the contract between AlfaCharlie and the User and the data will be handled in accordance with all relevant statutory data protection regulations. See the privacy statements of AlfaCharlie for further information.
(2) Article 9 paragraph 3 point (4) applies to the User in order to achieve compliance with the requirements of data protection law.
§ 14 Liability
(1) The scope of liability of alfacharlie.com for the payment of compensation, whatever the legal basis (e.g. legal transactions, breach of duty and tort) shall be limited as follows:
(a) Liability for intent out of guarantee is unlimited
(b) In the case of gross negligence, alfacharlie.com is liable to businesses for damages incurred by contract completion. Regarding consumers, alfacharlie.com accepts unlimited liability.
(c) In the case of a negligent breach of a material obligation, where the proper execution of the contract’s purpose in compliance with the terms and conditions at all possible times in accordance with a trusted contractual partner has not occurred, AlfaCharlie is liable only for the amount outstanding at the conclusion of the contract in lieu of damages. AlfaCharlie will be liable for accidents that would not have occurred had AlfaCharlie fulfilled its contractual obligations in a timely fashion. Any liability for negligence on the part of alfacharlie.com will be incurred by AlfaCharlie.
(2) Where liability is excluded or limited by alfacharlie.com, this also applies to the personal liability of employees, representatives and agents of AlfaCharlie.
(3) In cases of the harm to life, limb or health in combination with claims made under the German Product Liability Act (ProdHaftG) the statutory provisions shall apply.
(4) AlfaCharlie is vigilant against contributory negligence and the User is obliged to secure data as per the requirements of legislation.
§ 15 Deletion of User Account
(1) Both the User and AlfaCharlie can close the Account at any time, without reason being given. With the existence of a contract, deletion of the Account will not occur before the end of the contract period if monies are involved.
(2) The cancellation of an Account by AlfaCharlie will be preceded by email notification of the intention to close the Account, in order that Participants may prepare for Account deletion. An obligation to notify the User does not exist and the User is advised to make copies of the data he or she has stored on AlfaCharlie if this is required.
§ 16 Terms and Conditions for Fee-based Services
(1) In the case of the use of a contract involving the exchange of monetary funds, the contract is subject to review by alfacharlie.com after the initial contract period of one year. The contract will automatically be renewed unless terminated within the three month notice period by either party.
(2) The right to contract termination for a good reason remains unaffected.
(3) Any notice will be given in writing or by facsimile in order to provide grounds for the termination of a contract. In the event of contract termination by AlfaCharlie, a signature to confirm the validity of the termination will not be required.
§ 17 Changes in Terms and Conditions
(1) AlfaCharlie retains the right to change the content of these Terms and Conditions, without notice, if there is a valid reason for doing so.
(2) A valid reason for changes in Terms and Conditions includes unforeseen events uninitiated by AlfaCharlie, incorporating events on which AlfaCharlie has no influence, which includes changes to the law, technical changes and other conditions which may facilitate alteration of the Terms and Conditions in order to maintain website performance.
(3) AlfaCharlie will notify the User of any proposed amendment of its Terms and Conditions, specifying the reason and extent of the changes in writing, via email.
(4) Amendments to the Terms and Conditions will be considered approved if no objection is registered in writing (including by facsimile or email) within six weeks of the receipt of the written notification sent by AlfaCharlie. AlfaCharlie will inform the User of this stipulation in any notification letter sent. If the User’s objection is upheld, the specified change to the Terms and Conditions will be deemed rejected. The contract will then continue without the proposed changes, but may be terminated by either party at any time without notice.
§ 18 Price Changes
(1) The fees charged by AlfaCharlie cover server costs, programming and administration costs, accounting and other general expenses (such as random inspection of Accounts and customer inquiries, for example) and German sales tax (MwSt).
(2) AlfaCharlie is authorized to amend prices related to an existing continuing obligation between AlfaCharlie and the Participant (e.g. the creation and administration of single or multiple booking calendars), provided there is a good cause and alfacharlie.com is not responsible for it. A good cause in particular applies when after the contract is concluded unforeseeable circumstances arise, which cause an increase to one or more of the fee determinants listed under (1) and so demand changes in order to maintain service delivery. In the event of a change in price, AlfaCharlie will inform the User in writing (by email) of the proposed amendment, specifying the reason and the exact amount of the price change. The amendment will be considered approved if the customer does not object to the change in written form within six weeks of receipt of the written notification. AlfaCharlie will inform the User of his or her right to register an objection when notification of the price change is sent. If the customer exercises his right to object to the price amendment, the change will be rejected. The contract may then continue without the proposed change but may be terminated by either party at any time without notice.
(3) Paragraph 2 shall not apply if the contract with AlfaCharlie is of shorter duration than twelve months or if AlfaCharlie can compensate for the additional costs incurred by finding savings elsewhere. AlfaCharlie will then explain in its written notification of its position with regard to any savings. No increase of over 30% of the price within a period of 24 months will be applied to the contract.
(4) The provisions stated in articles 313 and 314 of the German Civil Code (BGB) remain unaffected by the above paragraphs 1
§ 19 Miscellaneous
The Terms and Conditions set out herein are governed by the laws of the Federal Republic of Germany with the exclusion of the UN Convention on International Sales of Goods (CISG). Jurisdiction and place of execution is Dresden in all disputes arising out of or in connection with these Terms and Conditions and with regard to the contract AlfaCharlie holds with any private or public legal entity.
Dresden, February, 2017