General Terms and Conditions of airsight GmbH
I. General Contract Conditions
1. General
1.1 All services of airsight GmbH are based on the following General Terms and Conditions in their most recent version.
1.2 Any contradictory or additional conditions on the part of the client are hereby expressly excluded. They also will not be accepted in the event that they are not expressly excluded upon receipt. They only apply with the explicit approval of airsight GmbH, either in writing with you or your members.
1.3 Side agreements must be confirmed in writing. This also applies to agreements which cancel the written form requirement.
2. Remuneration, payment conditions, defaults, compensation, retentions, title retentions
2.1 Insofar as services are calculated according to costs, the offer made to the client is valid. In this case the employees of airsight GmbH will maintain a list of daily working hours, positions worked on and types of activity.
2.2 In the matter of transfer payments, the transfer payment amount is determined by the scope of the operation. The payment amount is set upon the customer's completion of an order form and upon confirmation of this order by airsight GmbH. All accounts are payable upon issue of invoice and are payable without deductions.
2.3 Should the customer delay payment, then airsight GmbH has the right to charge default interest at 5% p.a. over base rate. If the customer is not a consumer then interest will be charged at 8% over base rate. airsight GmbH retains the right to produce evidence of more serious damages which has been caused by the customer and which must be compensated by him. However, if the customer can prove that no damages or much lower damages have resulted from the delay, then the customer is only obliged to pay compensation for these damages.
2.4 The customer is only entitled to set-off rights if his counterclaim is made according to the law, is uncontested or is accepted by airsight GmbH. The customer is only entitled to retention rights if they are based on the same contractual conditions.
2.5 airsight GmbH retains title to goods until such time as they are completely paid for and until such time as extant or further payments are made in accordance with contractual conditions, and such payments made by check or transfer are encashed. This also applies to any property rights relating to intellectual property rights and copyright.
2.6 In the case of the customer being in arrears or of a significant breach of the duty of care, the exercise of title retention by airsight GmbH does not denote withdrawal from the contract unless airsight GmbH expressly advises the customer that this is the case.
2.7 Exercise of title retention by airsight GmbH in connection with a software handover will result in the customer forfeiting the right to continue to use the software package. All copies of the software made by the customer must be deleted.
3. Secrecy/data protection
3.1 airsight GmbH is permanently bound to treat as confidential all commercial and operating secrets and all information designated as confidential which it is privy to in the course of carrying out the contract. Such information may only be divulged to persons who are not involved in carrying out the contract upon written permission of the customer.
3.2 The contracting partner for his part is bound to treat as confidential all information which he is privy to in connection with the offer and contract execution. In particular, it is not permitted to pass on to a third party or in any other way use the contents of the offer made by airsight GmbH.
3.3 airsight GmbH is bound to treat as confidential all data received from the contracting partner. The data will be used exclusively in the execution of existing contracts and for internal purposes. In particular, it is not permitted to pass on data to a third party without
the customer's express permission.
4. Customer's obligation to cooperate
The customer must ensure that airsight GmbH is provided with all documentation required to carry out their activities in a timely manner and that they are advised of all processes and circumstances. This also applies to documentation, processes and circumstances which only become known during the activities of airsight GmbH.
5. Interruptions to service provision
5.1. If non-compliance with the deadline for performance is due to force majeure, including obstacles, accidents or disruptions that could not be prevented despite exercising the necessary care, the deadline for performance shall be extended accordingly.
5.2. Force majeure includes, in particular, mobilisation, war, riots, terrorism, acts of state, epidemics, strikes and lockouts, embargoes, lack of transport capacity and natural events.
5.3. airsight GmbH reserves the right to withdraw from the contract if fulfilment of the contract is impossible or unreasonable for the reasons stated above.
This shall also apply if the security situation at the place of performance is considered so risky that performance cannot reasonably be expected. When assessing the security situation, the travel advice and warnings issued by the Foreign Office shall be taken into account. The decision as to whether the security situation at the place of performance can be considered unreasonable for the performance of the service shall be made by airsight GmbH.
5.4. If airsight GmbH is entitled to withdraw from the contract for the above reasons, the customer cannot derive any claims for damages from this.
5.5. If the expenditure increases and the cause lies within the customer's area of responsibility, airsight GmbH may also demand compensation for the additional expenditure.
6. Liability
6.1. airsight GmbH is liable for damages in the event that they are caused by a culpable breach of contract obligations (cardinal obligations) in a manner which compromises the aims of the contract or by gross negligence or wilful intent on the part of airsight GmbH.
6.2 airsight GmbH is not liable for indirect damages, consequential damages resulting from incidents such as business interruption or loss of profits. In particular, no liability will be accepted for such damages which result from faulty execution of an update, an instruction by the support team and/or insufficient data security. If the customer has performed data backup, then liability is restricted to the extent to which the data can be reproduced with justifiable outlay of time and expense.
6.3 The parties are agreed that the total liability of airsight GmbH is limited to the amount of the respective order and such damages which are normally to be anticipated within the framework of the contract.
6.4. airsight GmbH accepts no liability whatsoever for any damages which result from the customer's use of software which breaches the terms of the contract.
6.5. The customer is aware that he is bound to regularly and appropriately back up his data in line with his obligation of loss mitigation and in the event of a suspected software error to carry out all reasonable additional security measures.
6.6. The customer is solely responsible for compliance with all data protection regulations when using the software. The liability of airsight GmbH is excluded in all cases and whatever the legal grounds.
6.7 The statute of limitations for contractual claims for damages is three months if the customer is a company.
II. Training courses
7. Contract Conclusion
7.1.
a) Contract conclusion of public training courses
Registration for training courses must be made with the registration form on the airsight GmbH website or in writing (letter, fax). After registering, the customer receives a written confirmation with all the necessary information about the course. The contract is valid from the customer's receipt of the registration confirmation.
b) Contract conclusion of In-house training courses
Upon request, the customer receives a proposal for the In-house training course. The contract is concluded by the customer’s written acceptance of the proposal.
7.2. Invoicing and Payment
Training courses are payable upon issue of invoice by airsight GmbH. All payments are to be made without discounts and free of charges or costs. Charges for foreign bank transfers shall be covered by the customer.
8. Cancellation policy
a) Cancellation of public training courses
All booking cancellations of training courses must be made in writing. Substitution participants will be accepted.
No cancellation fees will be charged if bookings are cancelled more than four weeks prior to commencement of the training course. If bookings are cancelled four to two weeks prior to commencement of the training course, 30% of the course fee and all costs for additional services booked for the participant (accommodation and food) will be retained. For any booking cancellations made later than two weeks prior to commencement or non-appearance at the course, 100% of the course fee and all costs for additional services booked for the participant must be charged.
airsight GmbH reserves the right to cancel or postpone training courses until three weeks prior to commencement of the training course for reasons such as insufficiently high participant numbers. Course fees will be refunded immediately. All other customer claims or claims of third parties are void.
In case of a later cancellation of a training course due to force majeure or other unforeseen circumstances (such as an accident or illness of the trainer), liability of airsight GmbH is limited to reimbursement of invoice amounts already paid to airsight GmbH. All other customer claims or claims of third parties are void. Complementary to this, please also refer to point 5 of the General Contract Conditions.
b) Cancellation of In-house training courses
Cancellations of In-house training courses by the customer must be made in writing. Cancellations up to four weeks prior to commencement of the In-house training course will be charged with a fee of 2,000 €. Should airsight GmbH incur cancellation costs for travel bookings and hotel accommodation, these costs will also be passed on to the customer.
For later cancellations, 80% of the booked services will be charged.
Instead of the customer cancelling the In-house training course, it is possible to arrange an alternative date, so that cancellation fees may be waived.
If an In-house training course has to be cancelled by airsight GmbH due to force majeure or other unforeseen circumstances (such as an accident or illness of the trainer), the customer and airsight GmbH will jointly reschedule the In-house training course. All other customer claims or claims of third parties are void. Complementary to this, please also refer to point 5 of the General Contract Conditions.
9. Services
a) Services regarding public training courses
The course description published in the current course brochure or on the airsight website forms the basis of all training course contracts. airsight GmbH reserves the right to make alterations in case of necessary circumstances (such as change of trainers due to illness).
b) Services regarding In-house training courses
The scope of services of the In-house training course is defined in the contract. airsight GmbH reserves the right to make alterations in case of necessary circumstances (such as change of trainers due to illness).
10. Rights relating to training material
The airsight GmbH owns all rights to the training materials. The participants are not permitted to copy or transfer to third parties any training material without prior written agreement of airsight GmbH. Furthermore, it is not permitted to digitalize training material, to provide training material as a download or to use training material for commercial purposes.
III. Joint final provisions
11. Rights of third parties
airsight GmbH supplies the object of the agreement free of third-party rights which constrain or prevent use of the object of the agreement by the customer. This only applies to the object of the agreement in its valid and unaltered original version as supplied by the vendor and to authorised and released updates and bug fixes. Should, however, a third party claim a breach of copyright by the customer then the customer is bound to inform airsight GmbH of this in writing without delay. The customer may not admit any claims by third parties.
12. Place of jurisdiction/severability clause
12.1 Place of performance and jurisdiction for all direct or indirect disputes between airsight GmbH and the customer is Berlin. The law of the Federal Republic of Germany is binding.
12.2 Complete or partial invalidity of one part of these General Terms and Conditions does not affect the validity of the remaining parts. In the case of invalidity of one part of these General Terms and Conditions the parties undertake to replace the invalid provision with a valid agreement which corresponds as far as possible to the commercial goals of the invalid clause.
Berlin, 18th of June 2025