GENERAL TERMS AND CONDITIONS
§ 1 Area of application and supplier
§ 2 Offers and service descriptions
§ 3 Prices
§ 4 Terms of payment
§ 5 Right of withdrawal
§ 6 Withdrawal by the customer / cancellation of appointments
§ 7 Withdrawal by the seller
§ 8 Liability
§ 9 Technical faults on the simulator
§ 10 Data protection
§ 11 Place of jurisdiction, applicable law, contractual language
§ 1. SCOPE AND PROVIDER
1.1 For the business relationship between CitySim owner:
Tel.: +49 (0) 160 95917290
(hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach the owner of CitySim for questions, bookings, appointments, complaints under the telephone number 0160 95917290 and by e-mail at firstname.lastname@example.org.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
§ 2. OFFERS AND SERVICE DESCRIPTIONS
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.2 By sending the booking request, you make a binding offer to conclude a contract. After receipt of the booking request, you will immediately receive a confirmation of receipt from us. The confirmation of receipt does not constitute a declaration of acceptance on our part. We accept your booking request by sending a separate order confirmation.
2.3 The validity of the booking is three years, calculated to 31.12. of the year of issue.
§ 3. prices
3.1 The stated prices are final prices. According to § 19 UStG we do not charge sales tax and therefore do not show it (small business status).
4. terms of payment
4.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process.
4.2 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
4.3 The customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
§ 5. RIGHT OF WITHDRAWAL FOR CONSUMERS
5.1 Consumers have a fourteen-day right of withdrawal. A consumer is any natural person who enters into a legal transaction for an
purposes that are neither commercial nor part of their self-employed professional activity
can. Excluded from this are voucher purchases that are associated with a fixed period of redemption.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of purchase of the simulator flight. In order to exercise your right of revocation, you must inform us (CitySim, Stephan Buchmann, info@citysim) of your revocation by means of a clear statement (e.g. a letter or e-mail sent by post). In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choice of a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Please observe the following note:
According to § 312b para. 3 BGB, the right of revocation does not apply to contracts for the provision of services in the area of leisure activities if the entrepreneur undertakes, upon conclusion of the contract, to provide the services at a certain time or within a precisely specified period of time.
6 CANCELLATION BY THE CUSTOMER / CANCELLATION OF APPOINTMENTS / LOSS OF TICKETS
6.1 The customer has the right to withdraw from your booking after expiry of the withdrawal period and before our services have been rendered.
6.2 If you cancel your booking, we will refund 50% of the price.
6.3 You shall be entitled to prove that we have not incurred any costs or that they are lower than the above-mentioned costs.
costs referred to in point 6.2 have been incurred.
6.4 As an alternative to withdrawing from the booking, you have the option of naming a substitute participant or rebooking once for another date. Section 6.2 of our GTC does not apply in this case.
6.5 If an agreed simulator flight is cancelled by the customer within seven days before the booked date, the seller reserves the right to charge a rebooking fee of 25 EUR.
6.6 In the event of non-appearance on the agreed date, the voucher or the event shall be forfeited without replacement.
§ 7 WITHDRAWAL BY US
7.1 The seller is entitled to withdraw from the contract for good cause until the services have been rendered.
7.2 If we withdraw from the contract for an important reason, we will immediately refund the price to you.
§ 8 LIABILITY
8.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
8.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
8.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and the observance of which the Customer regularly relies on. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
8.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 9 TECHNICAL FAULTS ON THE SIMULATOR
9.1 Despite maintenance of the simulator, malfunctions may occur. In the event of technical malfunctions before or during a simulator event, the seller offers the customer replacement dates for the services not yet provided.
9.2. The seller is expressly not liable for consequential costs, for example, travel and / or hotel accommodation of the / the customer.
§ 10. DATA PROTECTION
10.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
10.2 The personal data provided for the purpose of booking (such as name, e-mail address, address, payment data) will be used by the seller for the fulfillment and execution of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering and payment process.
10.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to keep records.
§ 11. PLACE OF JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
11.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contractual language is German.