Terms of use

1. Mobile payment of charging fees via app

AeroPS serves to simplify the payment of landing, parking and other fees or charges at aerodromes. The online service enables registered pilots (hereinafter referred to as "users") to conveniently pay fees at participating airports via the App. The AeroPS service consists of an aircraft validation database, an online terminal for airports, which can be accessed via an Internet browser, and a mobile application (app) for the users. The aircraft validation database, the online terminal and the app are linked via the Internet. The partner stores his fee schedule in the online terminal. By registering, the Partner has the ability to provide offers to users, monitor and manage transactions.

Users register their aircraft(s) once through the aircraft validation database with all relevant data for the calculation of fees. The Partner acknowledges that the entries made are correct in terms of content and undertakes to use these entries as a basis for its own accounting unless the Partner can prove that the relevant data is incorrect in the individual case. In this way, the user can select a desired airfield in the app after one-time validation and indicate which products relevant for billing are selected from the airfield fee schedule; a renewed validation of the aircraft is not necessary. The Partner agrees to this procedure. The fees are calculated automatically on the basis of the data stored in each case. The user can therefore pay the fees via the app.
If the Partner does not want to have their fees calculated automatically by the app, they have the ability to connect aerops with their airport software via the aerops API or to carry out the pricing manually in the user interface provided by aerops.

The payment transaction shall be carried out via the external payment service provider Stripe or via another payment service provider which is also suitable for carrying out the payment transaction. AeroPS will determine the payment service provider after consultation with the Partner at its own discretion.

AeroPS will maintain and service the online platform. AeroPS endeavors to keep these available for its partners and users at all times and to ensure trouble-free service. However, the Partner acknowledges that a complete availability of such an online service is technically not possible, for example due to maintenance work or events beyond the control of AeroPS.
A claim for continuous availability therefore does not exist. The parties agree and acknowledge that AeroPS will provide service with an availability of 98.5%. The availability is calculated on the basis of the time during the contract period for the respective calendar month minus the maintenance times.

AeroPS merely provides the platform on which the users can view and book the offers of the partners, as well as the link to the payment processing via the payment service provider (Stripe).
The parties agree and acknowledge that the following services are not part of the subject matter of the contract:
AeroPS assumes no liability for the correctness of the information and offers provided by the Partner.
The payment processing is carried out exclusively by the payment service provider (Stripe). The parties agree that this is a separate contractual relationship, independent of the contract concluded between AeroPS and the Partner.
In order to use the AeroPS service, a compatible mobile device or computer as well as an Internet connection are required, which are provided by third parties. These third parties may charge the Partner for the use of the mobile device or the Internet connection through which the Partner accesses the Services. The Partner is responsible for the payment of any invoices.

2. Terms of Use / Registration

The following terms of use apply to the use of the AeroPS platform.

Only administrators or decision-makers of an entity are entitled as partners, i.e. natural or legal persons within a legal capacity, who act on behalf of their own commercial or independent professional activity at the conclusion of a legal transaction and have a right to execute business decisions.

AeroPS will send the partner a username and a temporary password via e-mail. Through the following link www.gat.aerops.com and by entering username and password, the Partner accesses the internal area of the online terminal. The registration is completed when the Partner has confirmed this agreement.
Under the menu item, which is the ICAO code of the airfield, further information is required under the sub-item, "Contract data", in order to be able to use AeroPS to its full extent. The Partner undertakes to provide this information and to keep it up to date at all times.
Under, "Master data for outgoing invoices", the partner has to choose an appropriate descriptive business name which, if it differs from the company name, makes the partner or the business of the partner clearly identifiable. Further information necessary for invoicing must also be provided here. The Partner undertakes to provide this information and to keep it up to date at all times.
The Partner is obliged to provide truthful, complete and up-to-date information on the data collected during registration.

In addition to the confirmation of this agreement, the use of AeroPS requires a registration with the external provider Stripe or another provider selected by AeroPS. Registration with Stripe takes place by entering the requested information in the online form provided for this purpose at https://dashboard.stripe.com/register. After successful verification of the Stripe account, it can be connected to the AeroPS account. To do this, the partner must go to "Configure payment provider", under the menu item, "Contract data", in order to link the Stripe account created with the AeroPS account. The link is provided via the button, "Connect with Stripe".
The Partner undertakes to take all necessary actions and make declarations to activate the Stripe account or, if applicable, the account of another third-party provider selected by AeroPS in order to connect to the AeroPS account. The parties agree and acknowledge that all services can only be provided by AeroPS if the corresponding connection is established.

3. Conclusion of Contract

The contract on the use of the online platform is concluded upon completion of the online registration process and confirmation of the contract.

4. Remuneration

The parties agree that the payment flow will be as follows: The pilot pays the airport charges to the payment service provider (Stripe). Aerops will forward the payment from the pilot to the Stripe account of the activated partner.
In the name of the partner, Aerops is responsible for the invoicing or alternatively the preparation of a payment notification. This can be defined in the settings by the airport itself.

For each transaction that is carried out via AeroPS and processed via the payment service provider (Stripe), a commission is due, which is partly paid to the payment service provider (Stripe) and partly to AeroPS. It is added to the calculated landing, parking and/or other fees (e.g. landing fee) and is charged to the partner.

Optionally, the partner can book additional services with AeroPS. These include, for example, the provision of a setup wizard for setting up the online terminal for the Partner, training for employees, and other services in connection with the AeroPS service. The Parties acknowledge that the use of such services will result in additional costs, the amount of which is to be agreed on for each individual case.
The parties agree that an individual offer will be prepared for the purpose of orientation when calculating the costs incurred.

5. Rights and Duties AeroPS

AeroPS is entitled to design and modify its products at its sole discretion, unless otherwise provided in this Agreement.

AeroPS is entitled to store all information and content made available to it by the Partner, to reproduce it and to make it publicly accessible, as far as this serves the implementation of the contractual obligations.

AeroPS has the right to update or modify the platform at any time and with immediate effect while maintaining the contractually agreed functionality, unless this conflicts with important interests of the Partner.

AeroPS is entitled to instruct third parties to fulfill individual or the entire AeroPS system according to these provisions.

6. Rights and Duties Partner

The Partner is entitled to view entries in the aircraft validation database.

The parties agree and acknowledge that the Partner is obliged to indemnify AeroPS from such claims, which third parties may have due to false entries of the Partner (e.g. concerning noise protection) in the aircraft validation database.
AeroPS's claim for indemnification also includes the indemnification from costs of legal prosecution or legal defense.

The partner is obliged to enter their data and in particular the fee schedule into the online terminal, to keep it up to date and to adjust the entered data immediately in case of changes.

The partner has to inform AeroPS of the information required for proper invoicing (commercial register/tax number).

Furthermore, the Partner is obliged to take suitable measures to ensure that the use of the AeroPS account is only possible for authorized employees. In case of misuse, the Partner must inform AeroPS immediately. In particular, the Partner is obliged not to use the services of AeroPS in an abusive or immoral manner and to comply with applicable laws, in particular data protection law, and to respect the rights of third parties.

7. Contract term / Cancellation

The contract period is 1 month. The contract shall be extended by one month if it is not terminated by one or both parties in writing at the end of a month by observing a period of notice of 5 days. The timely receipt of the notice by the notice recipient is decisive for compliance with the notice period.

Both the Partner and AeroPS have the right to terminate the contract at any time for good cause. An important reason for termination exists in particular if, according to the circumstances of the individual case, it is no longer reasonable for one party to adhere to the contract. This is the case, for example, if the Partner enters data during registration in the online terminal or in the aircraft validation database and the breach of contract is not remedied within a reasonable period despite a request to do so. The parties agree and acknowledge that a one-week period for removal is generally reasonable.

Upon termination of the contractual relationship, the Partner no longer has access to its online terminal and can no longer view data, messages, files or other content stored on the platform. AeroPS is entitled to delete the deposited contents.
AeroPS provides the partner with all accounting-relevant data from the contractual relationship once.

8. Data protection

The statutory data protection requirements, in particular the requirements of the Federal Data Protection Act and the Telemedia Act, must be complied with by both parties. AeroPS will collect and process the data of the partners only for the execution of the contract and will not pass it on to third parties.

9. Liability

AeroPS shall only be liable for damages and the reimbursement of futile expenses to the following extent:

AeroPS is liable without limitation for personal injury. The same applies to other damages, which are caused to the partner as a result of an intentional or grossly negligent breach of duty by AeroPS. AeroPS is also liable for contract-typical damages, which have arisen for the partner as a result of an essential breach of contract committed by AeroPS, if the damages have only been caused by slight negligence. Otherwise, liability for slight negligence is excluded. An essential breach of contract in the aforementioned sense is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the partner regularly trusts and may trust.

AeroPS is only liable in the case of a negligently caused violation of an essential contractual obligation in the amount of a contract-typical damage. Damage is typical for the contract if, as a result of the breach of duty committed, it must be expected that it will occur during the normal course of business.

As far as the liability is excluded, this also applies to the personal liability of the employees, representatives and commissioned agents of AeroPS, who AeroPS uses for the fulfilment of the contractually owed services.

A liability for damages due to lost profit is excluded. This applies in particular if the damage is based on false information in the aircraft validation database.

10. Final provisions

The contract and its execution shall be in the English language. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Place of performance is the registered office of AeroPS. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is in Berlin.