General Terms and Conditions of Business of aviationscouts GmbH
The Internet portal www.aviationgate.com is operated by aviationscouts GmbH, Wendenstra. 40, 96215 Lichtenfels CEO: Thomas Bulirsch (Graduate in Business Administration) District Court of Coburg: HRB 3886
§ 1 Scope of application
aviationscouts GmbH (hereinafter referred to as "aviationscouts") operates the Internet portal www.aviationgate.com (hereinafter referred to as the "Portal"), on which a wide variety of used interior furnishings, products and materials from aircraft are stored in a clear format. Only commercial users may register to use the Portal. Upon registering, users on the vendor side (hereinafter referred to as "Sellers") and users on the prospective purchaser side (hereinafter referred to as "Purchasers") are issued with a user name and a password. The Portal is a mediation platform between Sellers and Purchasers, whereby aviationscouts acts only as an intermediary between the two users, who may conclude purchase contracts through this mediation.
These Terms and Conditions of Business of aviationscouts shall apply to all offers, requests and inquiries that are transacted via the aforementioned Internet Portal of the company.
§ 2 Provisions for Purchasers
The use of the Portal by the Purchaser and the conveyance of the offer to the Seller shall be free of charge for the Purchaser, regardless of whether or not this subsequently results in a contract between the users.
All prices stated on the Portal are net prices.
§ 3 Provisions for Sellers
aviationscouts is commissioned by the Seller to mediate a purchase contract between the Seller and the Purchaser.
A mediation order comes into effect if an offer prepared by a Seller is received on the Portal, and has been approved by aviationscouts.
The Seller agrees to consistently check that its offers on the Portal are uptodate and available and, where necessary, to immediately make the appropriate changes to the offers on the Portal.
By means of an automated e-mail 90 days after a product has been placed on the Portal, aviationscouts shall contact the Seller and ask for a confirmation of its continued availability. The Seller will then be prompted to immediately confirm that the offer is still up-to-date and to provide notification of any changes, if applicable.
If, through the mediation of aviationscouts, a contract is concluded between a Purchaser and a Seller, aviationscouts shall be entitled to claim a commission from the Seller.
The amount of the commission, and the preconditions for such, are more precisely defined in the additional terms and conditions regarding the obligation to pay commissions (commission policy), applicable for the Seller.
§ 4 Rights and obligations of aviationscouts
On the Portal, aviationscouts provides the technical prerequisites (search functions, filters, etc.) to offer Sellers a platform for their offers and to enable Purchasers to engage in a targeted search for the desired products.
aviationscouts is solely an intermediary and shall not be party to the mediated contracts, and thus bears no responsibility or liability whatsoever for the content or the execution of the respective contracts between a Purchaser and a Seller.
By means of update regulations for Sellers (see § 3, paragraphs 4 and 5), aviationscouts ensures that offers on the Portal are as up-to-date as possible. If, contrary to the information on the Portal, a product offered by a Seller is no longer available or cannot be ordered, aviationscouts shall reject the mediation order or terminate an existing mediation order. The same is possible if the purchasing conditions of the Seller have changed. In such cases, aviationscouts shall inform the Seller that mediation is not possible.
§ 5 Liability exclusions
aviationscouts shall not be liable for the accuracy or availability of any offer posted by a Seller. aviationscouts shall also not be liable for the acceptance or onacceptance, or incomplete or late acceptance, of a mediation order.
aviationscouts shall likewise not be liable for any breaches of obligations that arise within the scope of any contractual obligation entered into between the users.
Claims for damages - regardless of the legal grounds - against aviationscouts shall be excluded.
The aforementioned liability exclusions and limitations shall not apply for claims based on any culpable injury to life, body or health.
The aforementioned liability exclusions and limitations shall also apply for the benefit of the workers and employees, legal representatives and vicarious agents of aviationscouts.
§ 6 Data privacy
§ 7 Amendments to the General Terms and Conditions of Business
aviationscouts shall reserve the right to alter or amend these General Terms and Conditions of Business at any time and without stating a reason.
§ 8 Arbitration clause, applicable law and area of jurisdiction
All disputes arising from or in connection with the business relationships with customers with regard to the use of the Portal shall be ultimately decided, according to the rules of arbitration of the International Chamber of Commerce, by one arbitrator appointed in accordance with such rules, whereby Frankfurt am Main is the designated location of the arbitration proceedings, and English the designated language of the proceedings.
Should this arbitration clause be or become ineffective, regardless of the reasons, the following rule shall apply in place of the arbitration clause in paragraph 1: German law shall apply exclusively. However, this shall not apply if overriding international agreements stipulate otherwise or, owing to the mandatory law of a EU member state in which the user has his or her habitual place of residence, make other provisions for the protection of the user. Unless otherwise agreed in writing, the area of jurisdiction and place of performance for all disputes arising from the use of the Portal is Coburg.
§ 9 Severability clause
Should individual provisions of these General Terms and Conditions of Business be or become ineffective, this shall not affect the effectiveness of the remaining provisions. The ineffective provisions shall be replaced by agreements that come as close as possible to the meaning and purpose of the ineffective provisions