Terms of use
TOS
1. mobile payment of store charges via app
1.1.
AeroPS serves to simplify the payment of landing, parking and other fees or charges at airfields. The online service enables registered pilots (hereinafter: "Users") to pay fees at participating airfields conveniently via the app. The AeroPS service consists of an aircraft validation database, an online terminal for aerodromes, which can be accessed via an internet browser, and a mobile application (app) for users. The aircraft validation database, the online terminal and the app are linked to each other via the Internet. The partner stores its fee schedule in the online terminal. By logging into the online terminal, the partner can make its offers available to users, monitor the transactions made and manage them.
1.2.
Users register their aircraft once at one of the airports registered with AeroPS in the aircraft validation database with all data relevant for the calculation of fees. The partner recognizes the entries made by other participating aerodromes as correct in terms of content and undertakes to use these entries as a basis for its own invoicing, unless the partner can prove that the corresponding data is incorrect in individual cases. In this way, the user can select a desired airfield in the app after a one-time validation and specify which products relevant for billing are selected from the fee schedule of the airfield; a renewed validation of the aircraft is not necessary. The partner agrees to this procedure. The fees incurred are calculated automatically on the basis of the data entered. The fees can therefore be paid by the user via the app.
If the partner does not wish to have his fees calculated automatically by the app, he has the option of connecting aerops to his airport software via the aerops API or to carry out the pricing manually in the interface provided by aerops
1.3.
The payment process is carried out via the external payment service provider Stripe or via another payment service provider that is equally suitable for carrying out the payment process. AeroPS will determine the payment service provider at its own discretion after consultation with the partner.
1.4.
AeroPS maintains and maintains the online platform. AeroPS endeavors to keep it continuously available for its partners and users and to ensure a trouble-free service. However, the partner acknowledges that a completely uninterrupted availability of such an online service is not technically possible, for example due to maintenance work or events that are beyond the control of AeroPS. There is therefore no entitlement to continuous availability. The parties agree and recognize that AeroPS will provide the service owed by it with an availability of 98.5%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period minus the maintenance times.
1.5.
AeroPS only provides the platform on which users can view and book the offers of the partners, as well as the link to payment processing via the payment service provider (Stripe).
The parties agree and recognize that the following services are not part of the subject matter of the contract:
AeroPS assumes no liability for the accuracy of the information and offers posted by the partner.
Payment processing takes place exclusively via 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 and 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 Internet connection via which the partner accesses the services. The Partner itself is responsible for settling any invoices.
2. terms of use / registration
The following terms of use apply to the use of the AeroPS platform.
2.1.
Only entrepreneurs, i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their own commercial or independent professional activity and are authorized to carry out the business, are entitled to become partners.
2.2.
AeroPS will send the partner a user name and a temporary password by e-mail. By clicking on the following link www.gat.aerops.com and entering the user name and password, the partner can access the internal area of the online terminal. Registration is complete when the partner has confirmed this agreement after successfully logging in.
Under the menu item, which is the ICAO code of the airport, 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 must select an appropriately descriptive business name which, if it differs from the company name, makes the partner or the partner's business clearly identifiable. Other details required for invoicing must also be entered 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 when registering.
2.3.
In addition to the confirmation of this agreement, the use of AeroPS also requires registration with the external provider Stripe or another provider selected by AeroPS. Registration with Stripe is done by entering the requested information in the online form provided for this purpose at https://dashboard.stripe.com/register. Once the Stripe account has been successfully verified, it can be linked to the AeroPS account. To do this, the partner must go to "Configure payment provider" under the menu item "Contract data" to link the Stripe account created with that of AeroPS. The link is made via the "Connect with Stripe" button created here.
The Partner undertakes to take all necessary actions and make all necessary declarations to activate the Stripe account or, if applicable, the account of the other Partner selected by AeroPS and to connect it to the AeroPS account. The parties agree and acknowledge that all services of AeroPS can only be provided if the corresponding connection is established.
3. conclusion of contract
The contract for the use of the online platform is concluded upon completion of the online registration process and confirmation of the contract.
4. remuneration
4.1.
The parties agree that the payment flow will be as follows: The pilot pays the airport fees to the payment service provider (Stripe). Aerops forwards the payment from the Pilot to the Stripe account of the activated Partner. A transaction fee for aerops of 3% and 0.35 euros will be deducted for each cash flow.
Aerops takes over the invoicing on behalf of the partner or optionally the creation of a payment advice note. This can be defined by the airport itself in the settings.
4.2.
For each transaction made via AeroPS and processed via the payment service provider (Stripe), a commission is incurred, which is partly due to the payment service provider (Stripe) and partly to AeroPS. It is added to the landing, parking and/or other fees charged (e.g. landing light fee) and is invoiced to the partner.
4.3.
The partner can optionally book further 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 incur additional costs, the amount of which shall be agreed on a case-by-case basis.
The parties agree that an individual offer will be prepared for orientation in the calculation of the costs incurred.
5 Rights and obligations of AeroPS
5.1.
AeroPS is entitled to design and modify its products at its own discretion, unless otherwise stipulated in this contract.
5.2.
AeroPS is entitled to store all information and content provided to it by the partner, to reproduce it and to make it publicly accessible, insofar as this serves the performance of the contractual obligations.
5.3.
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 is contrary to the important interests of the partner.
5.4.
AeroPS is entitled to commission third parties to fulfill some or all of the obligations incumbent on AeroPS under these provisions.
6. rights and obligations partner
6.1.
The partner is entitled to view entries in the aircraft validation database.
6.2.
The parties agree and recognize that the partner is obliged to indemnify AeroPS from such claims that have arisen for third parties due to incorrect entries of the partner (e.g. regarding noise protection) in the aircraft validation database.
The indemnification claim of AeroPS also includes the indemnification of costs of legal prosecution or legal defense.
6.3.
The partner is obliged to enter his information and in particular the fee schedule in the online terminal, to keep it up to date and to adapt the information entered immediately in the event of changes.
6.4.
The partner must provide AeroPS with the information required for proper invoicing (commercial register/tax number).
6.5.
Furthermore, the partner is obliged to take appropriate measures to ensure that the use of the AeroPS account is only possible for authorized employees. In the event of misuse, the partner must inform AeroPS immediately. In particular, the partner is obliged not to use the services of AeroPS abusively or in an immoral manner and to comply with applicable laws, in particular data protection law, and to respect the rights of third parties.
7. contract term / termination
7.1.
The contract term is 1 month. The contract shall be extended by one month if it is not terminated in writing by one or both parties with a notice period of 5 days to the end of a month. Compliance with the notice period shall be determined by the timely receipt of the notice of termination by the recipient of the notice.
7.2.
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, one party can no longer reasonably be expected 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 of time despite being requested to do so. The parties agree and recognize that a rectification period of one week is generally appropriate.
7.3.
Upon termination of the contractual relationship, the partner no longer has access to his online terminal and can no longer view data, messages, files or other content stored on the platform. AeroPS is entitled to delete the stored content.
Aerops makes all accounting-relevant data from the contractual relationship available to the partner once.
8. data protection
The statutory data protection requirements, in particular the provisions of the Federal Data Protection Act and the Telemedia Act, must be complied with by both parties. AeroPS will only collect and process the partner's data for the execution of the contract and will not pass it on to third parties.
9 Liability
AeroPS is only liable for damages and the reimbursement of futile expenses to the following extent:
9.1.
AeroPS is liable without limitation for personal injury. The same applies to other damages incurred by the partner as a result of an intentional or grossly negligent breach of duty by AeroPS. AeroPS is also liable for typical contractual damages incurred by the partner as a result of a material breach of contract committed by AeroPS, even if the damages were only caused by slight negligence. Otherwise, liability for slight negligence is excluded. A material 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 relies and may rely.
9.2.
In the event of a merely negligent breach of a material contractual obligation, AeroPS is liable only in the amount of typical contractual damage. Damage is typical of the contract if, as a result of the breach of duty committed, its occurrence must be expected in the normal course of events.
9.3.
Insofar as liability is excluded, this also applies to the personal liability of employees, representatives and vicarious agents of AeroPS, which AeroPS uses in the fulfillment of the contractually owed services.
9.4.
Liability for damages due to loss of profit is excluded. This applies in particular if the damage is based on incorrect information in the aircraft validation database.
10. final provisions
10.1.
The contract and its execution shall be in German. 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.
10.2.
The place of performance is the registered office of AeroPS. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin.
1. mobile payment of store charges via app
1.1.
AeroPS serves to simplify the payment of landing, parking and other fees or charges at airfields. The online service enables registered pilots (hereinafter: "Users") to pay fees at participating airfields conveniently via the app. The AeroPS service consists of an aircraft validation database, an online terminal for aerodromes, which can be accessed via an internet browser, and a mobile application (app) for users. The aircraft validation database, the online terminal and the app are linked to each other via the Internet. The partner stores its fee schedule in the online terminal. By logging into the online terminal, the partner can make its offers available to users, monitor the transactions made and manage them.
1.2.
Users register their aircraft once at one of the airports registered with AeroPS in the aircraft validation database with all data relevant for the calculation of fees. The partner recognizes the entries made by other participating aerodromes as correct in terms of content and undertakes to use these entries as a basis for its own invoicing, unless the partner can prove that the corresponding data is incorrect in individual cases. In this way, the user can select a desired airfield in the app after a one-time validation and specify which products relevant for billing are selected from the fee schedule of the airfield; a renewed validation of the aircraft is not necessary. The partner agrees to this procedure. The fees incurred are calculated automatically on the basis of the data entered. The fees can therefore be paid by the user via the app.
If the partner does not wish to have his fees calculated automatically by the app, he has the option of connecting aerops to his airport software via the aerops API or to carry out the pricing manually in the interface provided by aerops
1.3.
The payment process is carried out via the external payment service provider Stripe or via another payment service provider that is equally suitable for carrying out the payment process. AeroPS will determine the payment service provider at its own discretion after consultation with the partner.
1.4.
AeroPS maintains and maintains the online platform. AeroPS endeavors to keep it continuously available for its partners and users and to ensure a trouble-free service. However, the partner acknowledges that a completely uninterrupted availability of such an online service is not technically possible, for example due to maintenance work or events that are beyond the control of AeroPS. There is therefore no entitlement to continuous availability. The parties agree and recognize that AeroPS will provide the service owed by it with an availability of 98.5%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period minus the maintenance times.
1.5.
AeroPS only provides the platform on which users can view and book the offers of the partners, as well as the link to payment processing via the payment service provider (Stripe).
The parties agree and recognize that the following services are not part of the subject matter of the contract:
AeroPS assumes no liability for the accuracy of the information and offers posted by the partner.
Payment processing takes place exclusively via 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 and 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 Internet connection via which the partner accesses the services. The Partner itself is responsible for settling any invoices.
2. terms of use / registration
The following terms of use apply to the use of the AeroPS platform.
2.1.
Only entrepreneurs, i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their own commercial or independent professional activity and are authorized to carry out the business, are entitled to become partners.
2.2.
AeroPS will send the partner a user name and a temporary password by e-mail. By clicking on the following link www.gat.aerops.com and entering the user name and password, the partner can access the internal area of the online terminal. Registration is complete when the partner has confirmed this agreement after successfully logging in.
Under the menu item, which is the ICAO code of the airport, 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 must select an appropriately descriptive business name which, if it differs from the company name, makes the partner or the partner's business clearly identifiable. Other details required for invoicing must also be entered 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 when registering.
2.3.
In addition to the confirmation of this agreement, the use of AeroPS also requires registration with the external provider Stripe or another provider selected by AeroPS. Registration with Stripe is done by entering the requested information in the online form provided for this purpose at https://dashboard.stripe.com/register. Once the Stripe account has been successfully verified, it can be linked to the AeroPS account. To do this, the partner must go to "Configure payment provider" under the menu item "Contract data" to link the Stripe account created with that of AeroPS. The link is made via the "Connect with Stripe" button created here.
The Partner undertakes to take all necessary actions and make all necessary declarations to activate the Stripe account or, if applicable, the account of the other Partner selected by AeroPS and to connect it to the AeroPS account. The parties agree and acknowledge that all services of AeroPS can only be provided if the corresponding connection is established.
3. conclusion of contract
The contract for the use of the online platform is concluded upon completion of the online registration process and confirmation of the contract.
4. remuneration
4.1.
The parties agree that the payment flow will be as follows: The pilot pays the airport fees to the payment service provider (Stripe). Aerops forwards the payment from the Pilot to the Stripe account of the activated Partner. A transaction fee for aerops of 3% and 0.35 euros will be deducted for each cash flow.
Aerops takes over the invoicing on behalf of the partner or optionally the creation of a payment advice note. This can be defined by the airport itself in the settings.
4.2.
For each transaction made via AeroPS and processed via the payment service provider (Stripe), a commission is incurred, which is partly due to the payment service provider (Stripe) and partly to AeroPS. It is added to the landing, parking and/or other fees charged (e.g. landing light fee) and is invoiced to the partner.
4.3.
The partner can optionally book further 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 incur additional costs, the amount of which shall be agreed on a case-by-case basis.
The parties agree that an individual offer will be prepared for orientation in the calculation of the costs incurred.
5 Rights and obligations of AeroPS
5.1.
AeroPS is entitled to design and modify its products at its own discretion, unless otherwise stipulated in this contract.
5.2.
AeroPS is entitled to store all information and content provided to it by the partner, to reproduce it and to make it publicly accessible, insofar as this serves the performance of the contractual obligations.
5.3.
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 is contrary to the important interests of the partner.
5.4.
AeroPS is entitled to commission third parties to fulfill some or all of the obligations incumbent on AeroPS under these provisions.
6. rights and obligations partner
6.1.
The partner is entitled to view entries in the aircraft validation database.
6.2.
The parties agree and recognize that the partner is obliged to indemnify AeroPS from such claims that have arisen for third parties due to incorrect entries of the partner (e.g. regarding noise protection) in the aircraft validation database.
The indemnification claim of AeroPS also includes the indemnification of costs of legal prosecution or legal defense.
6.3.
The partner is obliged to enter his information and in particular the fee schedule in the online terminal, to keep it up to date and to adapt the information entered immediately in the event of changes.
6.4.
The partner must provide AeroPS with the information required for proper invoicing (commercial register/tax number).
6.5.
Furthermore, the partner is obliged to take appropriate measures to ensure that the use of the AeroPS account is only possible for authorized employees. In the event of misuse, the partner must inform AeroPS immediately. In particular, the partner is obliged not to use the services of AeroPS abusively or in an immoral manner and to comply with applicable laws, in particular data protection law, and to respect the rights of third parties.
7. contract term / termination
7.1.
The contract term is 1 month. The contract shall be extended by one month if it is not terminated in writing by one or both parties with a notice period of 5 days to the end of a month. Compliance with the notice period shall be determined by the timely receipt of the notice of termination by the recipient of the notice.
7.2.
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, one party can no longer reasonably be expected 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 of time despite being requested to do so. The parties agree and recognize that a rectification period of one week is generally appropriate.
7.3.
Upon termination of the contractual relationship, the partner no longer has access to his online terminal and can no longer view data, messages, files or other content stored on the platform. AeroPS is entitled to delete the stored content.
Aerops makes all accounting-relevant data from the contractual relationship available to the partner once.
8. data protection
The statutory data protection requirements, in particular the provisions of the Federal Data Protection Act and the Telemedia Act, must be complied with by both parties. AeroPS will only collect and process the partner's data for the execution of the contract and will not pass it on to third parties.
9 Liability
AeroPS is only liable for damages and the reimbursement of futile expenses to the following extent:
9.1.
AeroPS is liable without limitation for personal injury. The same applies to other damages incurred by the partner as a result of an intentional or grossly negligent breach of duty by AeroPS. AeroPS is also liable for typical contractual damages incurred by the partner as a result of a material breach of contract committed by AeroPS, even if the damages were only caused by slight negligence. Otherwise, liability for slight negligence is excluded. A material 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 relies and may rely.
9.2.
In the event of a merely negligent breach of a material contractual obligation, AeroPS is liable only in the amount of typical contractual damage. Damage is typical of the contract if, as a result of the breach of duty committed, its occurrence must be expected in the normal course of events.
9.3.
Insofar as liability is excluded, this also applies to the personal liability of employees, representatives and vicarious agents of AeroPS, which AeroPS uses in the fulfillment of the contractually owed services.
9.4.
Liability for damages due to loss of profit is excluded. This applies in particular if the damage is based on incorrect information in the aircraft validation database.
10. final provisions
10.1.
The contract and its execution shall be in German. 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.
10.2.
The place of performance is the registered office of AeroPS. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Berlin.