General terms and conditions of business

§ 1 Scope / Definitions

(1) For the business relationship between the provider Full Flight Sim, Flugsimulation Michael Schneider, Raiffeisenstr.21, 64347 Griesheim (hereinafter: “FULL FIGHT SIM”), the person making the booking (hereinafter “customer”) and the participants in the flight simulator (hereinafter “participant "), (hereinafter together: "Parties"), the following General Terms and Conditions apply exclusively in the version valid at the time the contract was concluded. For better readability, the masculine form of the contracting parties is used uniformly, there is no discriminatory intention here.

(2) Deviating general terms and conditions of the customer / participant are not recognized unless FULL FLIGHT SIM expressly agrees to their validity in writing.

(3) FULL FLIGHT SIM concludes the contract with consumers and entrepreneurs. The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

(1) A booking can be made via the FULL FLIGHT SIM website at www.fullflightsim.de (hereinafter: “website”).

(2) When booking via the FULL FLIGHT SIM website, the following applies:

(a) The customer can select different simulator packages on the website and set an appointment. With the complete completion of the booking process by clicking on the "Buy now" button, the customer submits a binding application to book the selected simulator package. The customer receives an order confirmation.

(b) It is also possible to purchase vouchers for the simulator or other items. The service/goods can be placed in the shopping cart via a button and purchased with binding effect by completing the ordering process and clicking on the "Buy now" button. The customer then receives the voucher and information by e-mail. For a surcharge, there is the option of having the voucher sent to you by post. Other items will be sent by post.

(3) Booking changes require written confirmation by FULL FLIGHT SIM to be effective.

(4) The contract is concluded in German. The text of the contract is saved in compliance with data protection and can be printed out by the customer.

§ 3 Prerequisites for Participation / Obligations of Conduct

(1) In principle, the instructions of FULL FLIGHT SIM and their employees must be followed.

(2) The customer must ensure that all participants in a group are informed about the GTC.

(3) Participation under the influence of alcohol and/or drugs and carrying dangerous objects is prohibited.

(4) In the event of illnesses that may be relevant to this event, we ask that you contact us before booking or with the on-site staff. Each participant is responsible for deciding whether they have the health requirements for participation. Should a medical incident occur while using the simulator, you must draw your attention to it immediately.

(5) Underage participants must confirm that they have the consent of a legal guardian. The minimum age is 14 years (without accompanying adult), the minimum height is 1.20 m and the maximum weight is 130 kg.

(6) All participants must be on time for the scheduled appointment. In the event of a delay, FULL FLIGHT SIM is entitled to shorten the simulator time accordingly.

(7) It is not permitted to bring animals or eat food in the simulator. FULL FLIGHT SIM can approve an exception regarding consumption in individual cases.

(8) All participants are prohibited from taking pictures/videos of the simulator without the consent of FULL FLIGHT SIM. FULL FLIGHT SIM reserves the right to assert claims for damages in the event of a violation.

(9) The customer must present an identification document and the voucher/proof of booking on site upon request. This also applies if the appointment is attended by a person other than the booking customer.

§ 4 Services of FULL FLIGHT SIM

(1) Only the service descriptions, the information in the booking confirmation and on the website are binding for the scope of the contractual services.

(2) FULL FLIGHT SIM provides the equipment (premises and objects) required for the simulation.

(3) The price includes instruction in the simulator. The length depends on the selected simulator package.

(4) Taking an accompanying person with you is free of charge. Depending on the package selected, the maximum number of people must be observed for the simulator (see description on the website).

§ 5 Vouchers

(1) The voucher code will be sent by e-mail unless the customer books postal delivery for an additional charge. The customer also assures to check his spam folder for access.

(2) A payout of the value of the voucher is excluded.

(3) Vouchers are valid for a period of 3 years. The period begins at the end of the year in which the voucher was issued.

§ 6 Prices, terms of payment

(1) All prices on the website and in offers from FULL FLIGHT SIM include statutory VAT, unless otherwise stated.

(2) Fees from external payment providers are borne by FULL FLIGHT SIM. The customer bears the costs of unauthorized refunds.

§ 7 Exclusion from the simulator

The staff of FULL FLIGHT SIM is entitled to exclude participants from participation or to order an interruption if a participant violates these GTC significantly. In this case, the participant is not entitled to a refund.

§ 8 Failure / Interruption / Cancellation

(1) FULL FLIGHT SIM employees reserve the right to discontinue the event at any time for safety reasons and to continue it later. If the continuation is no longer possible, the customer remains obliged to pay, provided that the failure is not due to the fault of FULL FLIGHT SIM.

(2) If you cancel or abort at your own request, there will be no refund of the service and there is no entitlement to an alternative date. If a simulation that has started has to be aborted due to unforeseeable events - in particular force majeure - the customer is not entitled to claims for compensation due to the failure.

(3) If the simulator does not function properly on the agreed date, for example due to technical problems with the hardware or non-functioning software, FULL FLIGHT SIM undertakes to arrange a new appointment with the customer free of charge. Any travel costs or expenses incurred by the customer will not be reimbursed, however § 9 remains unaffected.

§ 9 Liability of FULL FLIGHT SIM

(1) Customer and participant claims for damages are excluded. Excluded from this are claims for damages by customers and participants from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by FULL FLIGHT SIM, its statutory representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, FULL FLIGHT SIM is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer or participant is concerned with claims for damages resulting from injury to life, limb or the Health.

(3) FULL FLIGHT SIM assumes no liability for lost or damaged valuables.

(4) The restrictions of paragraphs 1 to 3 also apply to the legal representatives and vicarious agents of FULL FLIGHT SIM if claims are asserted directly against them. Liability under the Product Liability Act remains unaffected.

§ 10 Liability of customers and participants

If the customer or the participants damage furnishings on the premises of FULL FLIGHT SIM or in the simulator, or if these are lost through the fault of the customer or a participant, the latter shall owe the repair or replacement costs. The type of liability is based on the statutory provisions.

§ 11 Warranty for material defects when purchasing goods

FULL FLIGHT SIM is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.

§ 12 Cancellation, rebooking

(1) The following cancellation conditions apply:

· Up to 30 days before the date of the experience: Free of charge

· 29 days to 8 days before the appointment: 50% of the total amount

· 7 days or later: 100% of the total amount

(2) In the event of a rebooking to another date, paragraph 1 applies accordingly. Participation by another person is free of charge.

(3) If a participant does not show up for a simulator appointment or cancels it, no prorated refund will be given.

§ 13 data protection

(1) The customer agrees to the storage of personal data as part of the business relationship with FULL FLIGHT SIM, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or consent has been given.

(2) If the customer transmits the data from third parties, he assures that he has obtained the consent of the third party and releases FULL FLIGHT SIM from any claims in this regard.

(3) The rights of the customer or those affected by the data processing result in particular from the following standards of the GDPR:

• Article 7(3) – Right to withdraw consent under data protection law

• Article 15 - Right of access of the data subject, right to confirmation and to be provided with a copy of the personal data

• Article 16 – Right to rectification

• Article 17 – Right to erasure (“right to be forgotten”)

• Article 18 – Right to restriction of processing

• Article 20 – Right to data portability

• Article 21 – Right to object

• Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

• Article 77 – Right to lodge a complaint with a supervisory authority

(4) In order to exercise the rights, the customer or the person concerned is asked to send an email to FULL FLIGHT SIM or, in the event of a complaint, to the responsible supervisory authority.

(5) Otherwise, reference is made to the data protection declaration on the website.

§ 14 Dispute Resolution

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) FULL FLIGHT SIM is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 15 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between FULL FLIGHT SIM and the customer, excluding the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the parties is the registered office of FULL FLIGHT SIM in Griesheim (Hesse) .

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

Status: September 2021