§ 1 General
The following Terms and Conditions apply to all contracts, supplies and other services rendered by ATSD Air Tasking Service Dortmund GmbH (hereinafter called "ATSD")

§ 2 Conclusion of contract

2.1
The legal relationship between ATSD and the customer is solely based on these Terms and Conditions. Terms and Conditions of the customer are not binding for ATSD even if we have not expressly contradicted. Any variations to these Terms and Conditions require our express confirmation in writing.

2.2

ATSD reserves the right to vary the "Terms and Conditions" at any time. If a variation has become effective between the order and its fulfilment, the service rendered will be subject to the varied version, if the customer has been informed of it, and has not contradicted to it. In this case, the order is fulfilled on the basis of the Terms and Conditions valid on the conclusion of the contract.

§ 3 Offer and acceptance of services

3.1
The service offered by ATSD shall solely comply with the range of services valid at the time.

3.2
If a customer has placed an order at too short notice, ATSD reserves the right to refuse it whenever a correct fulfilment of services can no longer be guaranteed. In this case, ATSD will indicate expressly this circumstance. If a customer orders ATSD to fulfil the service knowing of this circumstance, ATSD will not be liable for services that could not be fulfilled correctly due to this reason.

§ 4 Prices
The prices to be paid by the customer shall comply solely with the valid price list published by ATSD. If the service is rendered by ATSD only as an agent, the price to be paid shall be only for the agency service. Services rendered for the customer by third parties shall be paid directly to the third party.

§ 5 Payment

5.1
The services rendered by ATSD are payable on invoicing and must be credited to the account of ATSD not later than two weeks after receiving the invoice.

5.2
If any amount payable by the customer is in arrear, ATSD reserves the right to refuse services ordered.

5.3
Debtor is the customer who has ordered a service of ATSD. This does not apply, however, if a customer acts obviously in the name and by order of a third party. If this instance is not obvious or not to be deduced from the circumstances, it is always the orderer who shall be regarded as debtor.

5.4
If the debtor is an entrepreneur, he shall not be entitled to set off any counterclaim nor to detain payment nor to plea of unperformed contract. This does not apply to customers who set off with an undisputed or a legally binding claim.

§ 6 Defects

Notice of any defect must be given to ATSD in writing within three weeks of discovery of the same. Otherwise, ATSD shall not be obliged to accept the notice of defects.

§ 7 Liability

ATSD is liable only in the case of malice aforethought and gross negligence. This does not apply, however, in the cases described in § 309 para 1 no. 7 BGB (German Civil Code; "Exclusion of liability in the case of damage to life, body and health"). Fault in the case of force majeure shall be excluded. Especially, ATSD is not liable for faults by third parties whose services have been provided only by agency of ATSD.

§ 8 Final dispositions

8.1
The customer agrees that all customer data required for a correct fulfilment of the order are saved and processed by ATSD according to the Federal German Act on Data Protection (BDSG), the German Act on Telecommunication (TKG) and the German Act on Teleservice Data Protection (TDDSG). ATSD shall engage itself to observe all and any disposition relevant for data protection.

8.2
This agreement is governed by the Law of the Federal Republic of Germany.

8.3
Any disputes arising from the use of the services rendered by ATSD described above or from these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of Dortmund.

8.4
In case that any of the conditions of this agreement is or becomes ineffective, the validity of the remaining conditions will not be affected.