General Terms of Sale and Service of CopterArt, owner Fabian Dünnebacke
This is a translation provided for convenience. The German version is the legally binding one; in case of discrepancies, the German text prevails. References to statutory provisions refer to German law.
1. Scope
These General Terms and Conditions apply exclusively. Deviating or conflicting terms are not recognised by us unless we have expressly agreed to them in writing. They also apply to all future transactions between the parties, and even where we render services in the knowledge of deviating or conflicting terms.
These General Terms and Conditions apply only towards entrepreneurs, legal persons under public law and special funds under public law within the meaning of Section 310(1) of the German Civil Code (BGB).
2. Offer and acceptance
All our offers are without obligation unless their binding nature is expressly confirmed. Where the client’s order constitutes an offer within the meaning of Section 145 BGB, we are entitled to accept it within one week. The client remains bound by the offer for one week.
Should the offer be accepted with amendments or additions, this constitutes a new offer, by which we are in turn bound for one week, calculated from the date of receipt by the client.
3. Cancellation by the client
In the event of early termination of the order by the client, the statutory provision on termination by the customer is modified as follows:
- Notice received no later than two weeks before the scheduled date: the client owes 10 % of the agreed remuneration.
- Notice received no later than one week before the scheduled date: 25 % of the agreed remuneration.
- Notice received at a later point: 50 % of the agreed remuneration. Where termination occurs at a time when services have already been rendered (set-up, installation of equipment, aerial filming), the full remuneration is owed.
No credit is given for expenses saved or for earnings actually obtained or maliciously foregone elsewhere in cases of early termination by the client.
The above does not apply where early termination occurs for reasons outside the client’s sphere and based on force majeure. This includes in particular the impossibility of carrying out the order due to severe weather, political upheaval, illness or death of a person involved in the production who cannot be replaced.
In every case of early termination, the client owes reimbursement of documented expenses, in particular travel and accommodation costs.
4. Right of withdrawal
We are entitled to withdraw from the contract where:
- performance is objectively or subjectively impossible within the meaning of Section 275 BGB;
- the client fails to meet the duties to cooperate and performance of the order is thereby unreasonably impeded;
- external conditions (such as weather, visibility or light) prevent proper performance, or performance would entail significant risk to the safety of the persons involved or the equipment deployed;
- an official permit obtained on our application (such as a filming or flight permit) is revoked, withdrawn or otherwise ceases to be effective.
Withdrawal must be declared to the client in text form together with reasons. Where withdrawal occurs for reasons for which the client is responsible, our claim to remuneration remains unaffected. In every case of withdrawal by us, the client owes reimbursement of documented expenses, in particular travel and accommodation costs.
5. Remuneration and payment
Prices are net amounts in euro plus statutory value added tax, where the transactions are subject to VAT under German law.
Remuneration falls due for payment within 14 days of invoicing and acceptance pursuant to clause 6. After the due date, default interest of 9 percentage points above the applicable base rate per annum is charged without a separate reminder being required. We reserve the right to claim further damages caused by default.
6. Acceptance of services
The provisions of the German Civil Code apply to the acceptance of our services. Our services are deemed accepted once notice of completion has been given to the client in text form, one week has elapsed since completion, and the client has not expressly objected to acceptance within that period. The statutory provision on deemed acceptance remains unaffected.
7. Set-off and retention
The customer is entitled to set-off only where its counterclaims are undisputed or have been established with final legal effect. The customer may assert rights of retention only on the basis of counterclaims arising from the same contractual relationship.
8. Copyright
The aerial recordings produced by CopterArt (owner Fabian Dünnebacke) are material protected by copyright. The client is generally granted comprehensive rights of use and exploitation in the recordings, unless expressly agreed otherwise.
The client is entitled to transfer the right of use in whole or in part within the scope of the contractually agreed use, or to have the rights exercised by third parties.
The granting of rights of use is subject to the condition precedent of full settlement of all payment claims of CopterArt (owner Fabian Dünnebacke) arising from the respective contractual relationship.
9. Warranty
The statutory warranty rights apply. Any warranty right of the client is however conditional upon the client notifying CopterArt (owner Fabian Dünnebacke) of any defects without undue delay. Where such notification is omitted, the client is excluded from warranty rights. Warranty claims may be asserted only within one year of acceptance of the services.
10. Liability
In cases of intent or gross negligence on the part of CopterArt (owner Fabian Dünnebacke) or its representatives and vicarious agents, CopterArt is liable under the statutory provisions; the same applies to culpable breach of material contractual obligations.
Where there is no intentional breach of contract, liability for damages is limited to the foreseeable damage typical for the type of contract.
Liability for culpable injury to life, body or health, and liability under the German Product Liability Act, remain unaffected. Unless expressly provided otherwise above, the liability of CopterArt (owner Fabian Dünnebacke) is excluded.
11. Applicable law and place of jurisdiction
All contracts are governed exclusively by the law of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from or in connection with the respective contractual relationship is Arnsberg, Germany.
Translation for information only. The German version of these terms is legally binding.