§ 1
The terms and conditions given below apply to the services of FSW Flight Service Worldwide, named FSW in the following.
§ 2
The privity of contract between FSW and the customer is exclusively based upon these terms and conditions without a special customer confirmation being necessary.
Differing agreements must be in written form.
FSW reserves the right to change the terms and conditions at any time. If the terms and conditions are changed between the placing and the fulfillment of orders, the changed version will apply. However, this does not apply if the customer is not aware of the changed terms and conditions by the order fulfillment or submitted a written objection against its exertion immediately after obtaining knowledge. In this case, the terms and conditions that are valid at the time of the order placement remain content of the contract. In doubt, the customer is aware of the changed terms and conditions by the time an exemplar reached his area of disposition.
The customer’s terms and conditions do not apply, even though it was not disagreed explicitly in particular cases.
§ 3
The FSW services act on the respectively valid range of services.
An order for services performed by FSW must be placed so early that the provision of these services can as well be assured. When dealing with special services (e. g. obtaining permissions) the published national regulations and lead times of the individual states have to be considered. FSW assumes no liability that services can therefore not be performed because the customer’s order was not placed early enough.
§ 4
The charges for the services are based upon the respectively current price list.
If FSW only acts as an intermediary (e. g. arrangement of ground handling), the charge only compensates the action of the intermediary. Services of third parties provided for the customer and only arranged by FSW, have to be settled directly with the third party.
§ 5
The payment for the services made use of from FSW becomes due immediately with the invoice entry and is payable due net before 8 days after the invoice date.
The debtor is the person who ordered services from FSW unless it is obvious that he acts in the name and by the order of a third party. If the relationship of procuration is neither obvious nor results from the circumstances, the debtor is the one who placed the order.
In case of a delayed payment, FSW charges interests for delay that exceed the particular bank rate of the German Central Bank by 3 %, at least, however, they amount to 8 % per year. FSW is eligible to charge higher interests for delay, if demonstrably higher credit costs arise.
FSW is eligible to reject ordered services as long as the customer is in arrears with his payments.
The debtor is neither able to count up counterclaims, nor has he a right of retention due to these claims, nor shall he retain the right to object if the contract is not fulfilled. This does not apply to non-traders or to legally binding charging claims.
§ 6
The customer shall claim reclamations from FSW in a written form within one month. Later incoming reclamations can be rejected as delayed on the part of FSW.
§ 7
The liability on the part of FSW is limited to intention and gross negligence.
FSW is independent of negligence in case of superior force.
The liability of FSW on behalf of third parties is excluded regarding faulty services arranged through FSW. FSI shall not be liable for defaults of third parties, especially of foreign service providers whose services are only arranged by FSW.
§ 8
All customer data needed for order processing are stored in a data base by FSW. The customer hereby agrees to that. The data privacy laws are observed.
§ 9
The privity of contract between the customer and FSW are exclusively subject to the German law.
§ 10
The place of jurisdiction is Baden-Baden – as far as legally permitted - for all juridical disputes.
§ 11
If particular determinations of these terms and conditions are not or otherwise be or become ineffective, the validity is without prejudice to the other determinations.
As on March 1, 2013.
