Terms & Conditions
Air Lovers LLC
1. General, Scope
1.1. These general terms and conditions (the „General Terms and Conditions – GTC“) of Air Lovers LLC, 2880 West Oakland Park Blvd 225c, Fort Lauderdale, FL 33311, USA („Air Lovers“) apply to all events, flight trainings, flight trips as well as other individual services offered to the customer (jointly also referred to as “services”) which the customer books for himself / herself and / or for other persons (hereinafter “customers” or “participants”). These General Terms and Conditions shall supplement the individual agreements made with Air Lovers online or on site.
1.2. Any conflicting or deviating GTC or other terms and conditions of the customer are expressly rejected, regardless of their respective designation. These GTC apply exclusively between Air Lovers and the customer even if Air Lovers provides the offers without reservation in the knowledge of conflicting or deviating GTC or other terms of the customer.
1.3. These terms and conditions are available on the pages of the Air Lovers website and can be printed or saved locally.
1.4. “Events” according to these GTC are all offers belonging to the portfolio of Air Lovers, which are directed to customers, especially Aviator Meetups 2.0, Fly High Mastermind Sessions, etc.
1.5. “Flight Training” is an offer with which aviators can prepare themselves mentally for flight situations in the form of simulations on their own responsibility. It is expressly not a training service provided by Air Lovers.
1.6. “Flight Trips” are trips organized by Air Lovers, where the customers fly individually or together with their own aircraft to a destination or different destinations. The specific content of the organized trips, i.e. place(s) of arrival, overnight stay(s), transfer(s), catering, miscellaneous etc. are offered individually by Air Lovers. A contract of carriage is not concluded.
1.7. If the customer books services of Air Lovers – also – for other persons who make use of services of Air Lovers (hereinafter referred to as “participants”), these GTC also apply to the participants. If the customer books services for participants, the customer is obligated to bring the contents of these GTC to the attention of the respective participants.
1.8. Membership: Customers also have the option to book a membership. Air Lovers offers various membership options, the contents of which (scope of services, duration, etc.) are published on the Air Lovers website and can be booked. These GTC also apply to the membership options, whereby the rules provided separately by Air Lovers regarding the membership options take precedence.
If the membership is terminated, the membership can be used until the end of the respective period. Membership will not be renewed after the end of this period. In the event of termination, there shall be no right to a prorata refund of any portion of the membership fee paid for the then current membership period.
2. Conclusion of Contract
2.1. All services can be booked on-site at Air Lovers or via remote means of communication, e.g. online or by telephone.
2.2. A contract on site is concluded by the customer’s acceptance of an offer made by Air Lovers.
2.3. Individual offers made by Air Lovers can be accepted by the customer within 14 days from the date of receipt of the offer.
2.4. If services for children or minors are booked as participants, a contract is only concluded upon presentation of the required written declaration of consent by the legal guardian.
3. Change of the Scope of Services
3.1. Air Lovers is entitled to adjust or change the scope of services, such as the content and the course of the offers (e.g. trips), if there is a legitimate interest, taking into account the interests of the customer, insofar as this is reasonable for the customer.
3.2. Air Lovers will inform the customer about corresponding service changes immediately after becoming aware of the reason for the change. In the event of a significant change in a material characteristic of the service or a deviation from special specifications of the customer which have become part of the contract, the customer is entitled, within a reasonable period of time set by Air Lovers at the same time as notification of the change, either to accept the change or to withdraw from the contract free of charge.
4. Obligations of Customer
4.1. The customer is obligated to provide Air Lovers with all data and information essential for the performance of the services and to otherwise perform all acts of cooperation required for the performance of the services.
4.2. The customer is obligated to always comply with the currently applicable safety regulations when performing the services, especially trips. The customer / participant must ensure that he / she complies with the safety regulations and instructions at the booked flight trips.
4.3. The customer / participant shall always behave within the framework of the flight trip in such a way that no third parties, such as other participants or the staff of Air Lovers, are endangered or injured.
4.4. The customer / participant may not take part in flight trips if he / she is under the influence of alcohol, has otherwise taken intoxicating substances (e.g. drugs, strong medication, etc.), is physically or mentally impaired, pregnant, recently operated, has a heart condition or is epileptic. If the customer / participant violates this prohibition of these GTC, Air Lovers can immediately cancel the execution of the respective trip for safety reasons with regard to the respective customer / participant or as a whole. In the event of a cancellation, the customer is not entitled to any repayment, compensation or other claims against Air Lovers.
4.5. The Pilot-in-Command (PIC) has the final responsibility as set forth by the Federal Aviation Agency (FAA):
1. The PIC has the final authority and responsibility for the operation and safety of the flight
2. Has been designated as pilot in command before or during the flight; and
3. Holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.
4.6. By entering into this Agreement, the customer agrees to strictly comply with these foregoing FAA rules. The customer also assures that he / she has a valid pilot’s license.
4.7. The customer is responsible for the observance of and compliance with entry regulations. He / she has to inform himself about the respective valid entry regulations and, if necessary, to make sure that he / she has all necessary identification documents at hand (this includes the identity card, the passport, the visa, etc. and, of course, the pilot’s license). The customer must also observe other regulations such as customs or health regulations, comply with them and inform themselves about them on their own responsibility.
5. Conclusion Contract via Remote Communication
5.1. The customer may send a non-binding request for an offer to Air Lovers by email or by using the online request form available on the Air Lovers website. Air Lovers will send the customer a binding offer for the service previously selected by the customer from the Air Lovers portfolio in text form (e.g. by e-mail, fax or letter).
5.2. The customer may accept this offer by submitting a declaration of acceptance to Air Lovers by e-mail or by paying the price offered by Air Lovers within 14 days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the deadline. The date of receipt of payment by Air Lovers shall be decisive for acceptance by payment.
5.3. If the customer does not accept Air Lovers’ offer within the aforementioned period, Air Lovers shall no longer be bound by its offer.
6. Conclusion of Contract via Website
6.1. Insofar as it is possible to book services via the Air Lovers website, the following provisions apply:
6.2. By presenting and advertising offers on the online presence of Air Lovers, Air Lovers does not make a binding offer to sell services.
6.3. By submitting an order via the Air Lovers website by clicking on the button “Jetzt kostenpflichtig bestellen”, the customer submits a legally binding order. The time limit of the order is governed by the legal regulations.
6.4. Air Lovers will immediately confirm receipt of the order placed by the customer via the Air Lovers website by e-mail. Such e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
6.5. A contract is only deemed to be concluded when Air Lovers accepts the order from the customer.
6.6. For the purpose of booking services, the customer first selects a specific offer on the Air Lovers website by mouse click. In the next step, the customer selects further details such as travel dates or additional services by entering them in the appropriate window. The customer can cancel the process completely by closing the browser window. Otherwise, after entering the data required for the booking (name, e-mail address, etc.) and after confirming the chargeable booking by mouse click, the customer is forwarded to the online payment. This declaration of the customer is binding.
6.7. The contractual provisions with details of the booked services including these GTC and the cancellation policy will be sent to the customer by e-mail upon confirmation of the booking process.
7.1. Unless otherwise stipulated in this contract, Air Lovers is liable for breach of contractual and non-contractual obligations in accordance with the applicable statutory provisions.
7.2. Air Lovers shall have unlimited liability for damages, regardless of the legal grounds, in the event of intent or gross negligence. In case of simple negligence Air Lovers is only liable for damages resulting from injury to life, body and health as well as for damages resulting from the violation of a so-called “essential contractual obligation “, i.e. an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. In this case, Air Lovers’ liability is limited to compensation for so-called “contract-typical foreseeable damages”, i.e. those damages that can typically be expected to occur within the scope of the respective contractual relationship.
7.3. Limitation of liability does not apply if Air Lovers has fraudulently concealed a defect or has given a guarantee of quality. The same applies to Air Lovers’ liability under the provisions of the Product Liability Act.
7.4. The limitation of liability applies accordingly to legal representatives and vicarious agents of Air Lovers. The same applies to damage to property not owned by Air Lovers.
7.5. Air Lovers shall not be liable for loss, theft, etc. of property not owned by Air Lovers.
7.6. Claims due to service disruptions are excluded. This exclusion does not apply in case of intent, gross negligence, violation of obligations essential for the execution of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer could trust, as well as in case of injury to life, body or health.
8. Force Majeure
Each party of this contract shall not be liable for the non-performance of one of its obligations if the non-performance is due to an impediment beyond its control, such as, in particular, fire, natural disasters, war, pandemic, seizure or other official measures, general short-age of raw materials, restriction of energy consumption, labor disputes or if breaches of contract by suppliers are due to such a cause.
9.1. In case the customer has booked services from Air Lovers for a date determined by the calendar, the following regulations apply:
9.2. If a service can only be delayed or not performed due to the customer’s or participant’s delay, a refund of the costs is not possible and the costs for the customer are incurred in full.
9.3. The costs mentioned in the previous paragraph in case of delayed or non-execution of services are not incurred or are reduced, if the customer proves that Air Lovers has incurred no or less damage.
10. Offset and Right of Retention
10.1. A contracting party is entitled to set-off only if its counterclaims have been legally established, are undisputed and / or have been acknowledged in writing by the other contracting party.
10.2. A contracting party shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.
The collection, processing and use of personal data resulting from the Air Lovers Internet offer and the booking of services by Air Lovers is carried out exclusively in accordance with the applicable data protection regulations and in accordance with the separately available data protection notice.
The customer grants Air Lovers the right to publish photographs in connection with the services for the purpose of advertising the services of Air Lovers.
12. Rights of Use / Copyrights
Insofar as Air Lovers creates workbooks, documents or electronic documents / media in connection with contractual services and makes them available to the customer / participant, and if these are copyrighted works, Air Lovers retains the exclusive, temporally and spatially unrestricted right of use for all known types of exploitation. This includes, in particular, the right to make modifications, adaptations or other alterations, to reproduce the work results in the original or in modified, processed or altered form, to publish, distribute, perform, transmit via long-distance lines or wireless and to use them.
13. Complaint Management
13.1. The customer may contact Air Lovers at the e-mail address: email@example.com in case of complaints about contractual offers of Air Lovers.
13.2. The customer can always contact the tour guide during the flight trip and is obliged to report possible defects without delay.
14.1. All payments are due upon conclusion of the contract / acceptance of the offer.
14.2. The customer is in default of payment without further notice from Air Lovers after 14 days from the date of the invoice, if he / she has not paid or has not paid in full.
14.3. The customer is responsible for all payment costs (i.e. transaction fee, foreign bank transfer fee, etc.).
14.4. All prices quoted on site and / or online are gross prices including the statutory sales tax.
15.1. Should individual provisions of these GTC be invalid or unenforceable, the remaining part of these GTC shall not be affected. In this case, the invalid or unenforceable provision shall be replaced by the statutory provision.
15.2. Amendments and supplements to these GTC must be made in writing, unless they are based on an express or individual contractual agreement.
15.3. The exclusive place of jurisdiction is the registered office of Air Lovers in Fort Lauderdale, Florida, USA.
15.4. If applicable, the European Commission provides an Online Dispute Resolution (OR) platform for the non-judicial settlement of consumer disputes for travel contracts concluded by electronic means, which the customer can find at https://ec.europa.eu/consumers/odr. Air Lovers, i.a., does not participate in a dispute resolution procedure before a consumer arbitration board according to the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG) and is not legally obligated to participate in such a procedure.
Status: March 2023
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