Standard Terms and Conditions

1. Acceptance

Any written quote for any services will remain open for acceptance for two (2) months from the date of dispatch and thereafter will lapse unless otherwise stated in writing.

2. Agreement

These terms and conditions form an integral part of the agreement between FlightGuardian Aviation Safety GmbH and the Client. In all cases, the completion of an application form or written acceptance of a quote is deemed to constitute confirmation of acceptance of a course or service. The services may be subject to terms and conditions laid down in a separate contract between FlightGuardian Aviation Safety GmbH and the Client. Should no such contract exist, the terms and conditions of service defined in these Standard Terms and Conditions shall apply.

3. Payment

All major credit/debit cards and bank transfers are acceptable methods of payment. The requested amount shall be transferred to FlightGuardian Aviation Safety GmbH’s bank account or via a payment link, which will be provided upon request:
Sparkasse Wetzlar
IBAN: DE19 5155 0035 0002 1336 92
SWIFT/BIC: HELADEF1WET

Payment for any service is due 30 days prior to the beginning of the event or upon invoice receipt (e.g. in-house training course fees, audit fees or any other service fees), unless otherwise agreed in writing in the quotation. The payment for variable costs (e.g. travel costs, hotel costs, visa costs, local transportation), if applicable, will be invoiced separately after the conduct of the project.
All charges and fees quoted for business-to-business (B2B) transactions are provided net of value-added tax (VAT) or any other applicable sales or withholding taxes and are payable in the currency quoted. For business-to-consumer (B2C) transactions, the quoted charges and fees will include VAT, as required by applicable tax regulations. More detailed information regarding the application of VAT and other taxes can be found in our Tax Explanation Document , which is available upon request.
All products and reports remain the property of FlightGuardian Aviation Safety GmbH until paid in full.
Payments must be made without any set-off or counterclaim. If the Client is required by law to deduct or withhold any amounts from any payment hereunder, it shall do so and the sum due from the Client in respect of such payment will be increased to the extent necessary to ensure that, after deducting or withholding any such amounts, FlightGuardian Aviation Safety GmbH receives and retains (free of any liability in respect of any such amounts deducted or withheld) a net sum equal to the sum it would have received and retained had no deduction or withholding been required. The Client shall provide to FlightGuardian Aviation Safety GmbH a withholding tax certificate documenting the payment to the relevant governmental authority.

4. Tax Policy

Prior to the start of the service or event, FlightGuardian Aviation Safety GmbH may consult tax advisers on local tax issues. In the event additional taxes apply under local law, which may have to be borne by FlightGuardian Aviation Safety GmbH, FlightGuardian Aviation Safety GmbH reserves the right to adjust the quoted price accordingly or to cancel the service or event.
The tax clause under section 5 below these Standard Terms and Conditions shall apply and take precedence where applicable.

5. Language

If not otherwise stated, the official language for all written and oral communications relating to the services is English. The Client agrees to arrange and pay for local linguistic support, if required. If the Client requires an interpreter, internal staff from another department may act as an interpreter or FlightGuardian Aviation Safety GmbH can arrange for an external interpreter. In the latter case, the costs would be charged to the Client.

6. Client's Obligations

The Client shall ensure that FlightGuardian Aviation Safety GmbH’s expert is covered under the Client’s existing liability insurance for the duration of the on-site event at the Client’s premises.
During the term of the contract, the Client shall grant FlightGuardian Aviation Safety GmbH free access to the premises and the information records as well as any other material FlightGuardian Aviation Safety GmbH may require for the provision of the service.
The Client shall secure and otherwise safeguard all property of FlightGuardian Aviation Safety GmbH.
The Client shall make available appropriate personnel to liaise with FlightGuardian Aviation Safety GmbH.
The Client shall not attempt to solicit personnel from FlightGuardian Aviation Safety GmbH, to include employed as well as contracted personnel acting on behalf of FlightGuardian Aviation Safety GmbH. The aforementioned obligation is binding for all types of work scopes, including all operational areas in aviation as well as the areas of safety, quality and compliance, including other industries. The obligations of the Client, its parent companies and/or affiliates shall survive the termination of the contract for a period of three years.

7. FlightGuardian Aviation Safety GmbH’s Obligations

FlightGuardian Aviation Safety GmbH shall provide the services with reasonable care and skill to the best of its ability and with diligence and care in accordance with custom and usage in the aviation field and internationally accepted standards and practices.

8. Subcontracting & Replacements

FlightGuardian Aviation Safety GmbH is entitled to engage subcontractors without the prior consent of the Client.
FlightGuardian Aviation Safety GmbH may at its discretion replace assigned personnel, in which case, however, FlightGuardian Aviation Safety GmbH shall notify the Client in advance.
During the period of assignment to the Client, FlightGuardian Aviation Safety GmbH’s experts shall remain employees of FlightGuardian Aviation Safety GmbH or the subcontractor.

9. Reservation and Postponement of Services

If the Client expresses any preference concerning specific time slots for holding an event, FlightGuardian Aviation Safety GmbH will tentatively reserve the requested dates but can only confirm them once the signed quote or contract has been sent to FlightGuardian Aviation Safety GmbH, which must be done in due time prior to the planned on-site event. If the signed contract is not received in due time at FlightGuardian Aviation Safety GmbH, FlightGuardian Aviation Safety GmbH may reschedule the dates for the next available time slot.

10. Termination

A party may terminate the contract prior to the expiration of the contract term for any of the following reasons:
A party shall promptly notify the other party in writing of the occurrence of any of the events described in clause 10 which may affect it. Failure to do so shall be deemed a material breach of the contract. Upon a party’s receipt of a request to cure from the other party, that party shall use its best efforts to cure the breach described in such notification within five (5) days thereof.
Termination of the contract by a party shall be without prejudice to that party’s other rights and remedies thereunder.

The other party becomes insolvent, assigns all or part of its assets for the benefit of creditors, or upon the filing of any petition in bankruptcy, be it voluntary or involuntary.
A petition is presented to wind-up the other party (and the petition is not discharged within seven (7) days) or to appoint an administrator.
A meeting is held by the other party’s shareholders at which it is decided to wind-up that party.
A receiver, administrative receiver, administrator, trustee, or liquidator is appointed to dispose over all or part of the other party’s assets or,
A legal person holding security takes possession of all or part of the assets or business of the other party.
The other party is in material breach of its obligations under the contract and if such breach continues for more than five (5) days following the breaching party’s receipt of a written request by the non-breaching party to cure performance.
The other party fails to discharge its contractual obligations or acts to jeopardize the due and proper discharge of its contractual obligations.

11. Force Majeure

FlightGuardian Aviation Safety GmbH shall not be liable for any failure to perform any obligation under any contract which is due to an event beyond the control of FlightGuardian Aviation Safety GmbH including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, governmental sanctions restrictions, uprising, earthquake, flood or any other natural or man-made eventuality outside of its control, which would serve as grounds for termination of any contract entered into and which could not have been reasonably foreseen.
Any party affected by such event shall notify the other party thereof without undue delay and shall use all reasonable efforts to comply with the terms of the relevant contract.
FlightGuardian Aviation Safety GmbH shall be within its rights to discontinue its services, refuse to sign a contract, or enter into any cooperation with the Client in a country against which an advisory has been issued by the German Federal Foreign Office (Auswärtiges Amt) in its official reports.

12. Bookings of Accommodation, Transportation, and Visas

Unless otherwise stated, the Client shall be responsible for booking all hotel and travel reservations (incl. all changes or cancellations). For in-house events, confirmed business class tickets for long-haul flights (4+ hours) and at least an internationally recognized 4-star airline hotel are required. Incidental hotel charges shall be borne by the Client. FlightGuardian Aviation Safety GmbH will not assume liability for commitments arising from hotel reservations.
The Client is responsible for eventual costs arising from travel restrictions including, but not limited to, insurance policies, medical checks, tests, quarantine and/or other associated measures.
The Client shall take care of the expert’s entry visa and related formalities such as work permit and reporting to the Security Office, Immigration Office, or local police station if required. The entry visa must either be issued upon arrival of the expert following prior announcement of visa dates to the Client or in advance. If applicable, the Client shall be responsible for any fees incurred for visas.
Ground transportation shall be provided for FlightGuardian Aviation Safety GmbH’s experts or the Client’s employees attending one of FlightGuardian Aviation Safety GmbH’s public training courses to and from duty at all places of their assignment at Client’s own cost.
If any support is needed from FlightGuardian Aviation Safety GmbH, FlightGuardian Aviation Safety GmbH’s responsible department will assist in any bookings.

13. Exclusions and Limitations of Liability

FlightGuardian Aviation Safety GmbH, its personnel and its subcontractors shall not be liable for any direct or indirect damage to, or loss of property, including aircraft, or injury to or death of or any other damage sustained by the Client, its personnel, agents or third parties, due to or in connection with or as a consequence of the performance or non-performance of work under these Standard Terms and Conditions, unless caused by willful misconduct or gross negligence of FlightGuardian Aviation Safety GmbH's personnel and the Client shall indemnify and hold harmless FlightGuardian Aviation Safety GmbH, its personnel and its subcontractors against any and all such claims, including costs and expenses incidental thereto. In any case, FlightGuardian Aviation Safety GmbH will not be liable for any consequential damages and its liability under this Agreement shall be limited to the amount received by FlightGuardian Aviation Safety GmbH for services already performed in the course of the project as at the time the damage occurred.
The Client will be responsible for and insofar will indemnify and hold harmless FlightGuardian Aviation Safety GmbH, its directors, officers, employees and freelancers acting on behalf of FlightGuardian Aviation Safety GmbH and third parties against all liabilities, damages and losses to property, costs and expenses for injury to or death of directors, officers, employees of FlightGuardian Aviation Safety GmbH or freelancers acting on behalf of FlightGuardian Aviation Safety GmbH or any third party, caused by gross negligence or willful misconduct of the Client, its directors, officers or employees during the term of the contract.

14. Privacy Statement

FlightGuardian Aviation Safety GmbH is committed to protecting privacy. Authorized employees within the company may use the Client’s information on a need-to-know basis only.

15. Data Protection

FlightGuardian Aviation Safety GmbH uses the personal data provided by the Customer for the purpose of processing the Agreement or registration (e.g., name, address, payment data) exclusively for the purpose of fulfilling and processing the Agreement. Customer data will not be passed on to third parties except for the purpose of executing the agreement.
At any time and without charge, the Customer may have the stored data queried, changed, or deleted by FlightGuardian Aviation Safety GmbH. Any consent given can be revoked at any time.
More details can be found at https://flightguardian-safety.com/en/privacypolicy/.

16. Right to Information

The Client has the right to inspect and request copies of any and all of the Client’s records kept by FlightGuardian Aviation Safety GmbH, provided that FlightGuardian Aviation Safety GmbH is given reasonable advance notice thereof. The Client is requested to retain copies of any literature issued in relation to the provision of FlightGuardian Aviation Safety GmbH services. Where appropriate, FlightGuardian Aviation Safety GmbH shall provide the Client with appropriate written information, handouts, or copies of records as part of an agreed contract.
At the Client’s request, FlightGuardian Aviation Safety GmbH will inform the Client whether FlightGuardian Aviation Safety GmbH is storing any of the Client’s personal data and, if so, which data these are. FlightGuardian Aviation Safety GmbH endeavors to accurately record the details of all correspondence and provide reports and certificates promptly. For such requests, the Client shall send a written request to FlightGuardian Aviation Safety GmbH’s Headquarters or send an e-mail to hello(at)flightguardian-safety.com.

17. Applicable Law and Jurisdiction

The terms of the service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The courts of Wetzlar shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract or its subject matter or formation.

18. Links to This Website

The Client may not create a link to any page of this website without FlightGuardian Aviation Safety GmbH's prior written consent. If the Client does create a link to a page of this website, the Client does so at its own risk, and the exclusions and limitations set out above will apply to the Client’s use of this website by linking to it.

19. Links From This Website

FlightGuardian Aviation Safety GmbH does not monitor or review the content of other parties’ websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by FlightGuardian Aviation Safety GmbH, which should not be regarded as the publisher of such opinions or material. Please note that FlightGuardian Aviation Safety GmbH is not responsible for the privacy practices, or content, of these sites. FlightGuardian Aviation Safety GmbH encourages Clients to be aware when leaving FlightGuardian Aviation Safety GmbH’s site and to read the privacy statements of these sites. Clients should evaluate the security and trustworthiness of any other site which is connected to this site or which the Client accesses through this site himself before disclosing any personal information to any such site. FlightGuardian Aviation Safety GmbH will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the Client’s disclosure of personal information to third parties.

20. Display of Client's Company Logo

For the sake of allowing FlightGuardian Aviation Safety GmbH to list the Client’s company logo in the partners and/or customers section of its website, in presentations and related marketing materials, the Client hereby grants FlightGuardian Aviation Safety GmbH a non-exclusive, worldwide, royalty-free right and license to use, reproduce, display, and distribute the Customer’s company logo (“Logo”). This grant of rights is solely for the purpose of identifying the Customer as a client of FlightGuardian Aviation Safety GmbH’s services and for the promotion of the services.

The Client represents and warrants that it holds all rights necessary to grant the permissions set out in this clause and that the use of the Logo by the Service Provider as described herein will not infringe on the rights of any third party.

FlightGuardian Aviation Safety GmbH shall take reasonable measures to ensure that the Logo is displayed in accordance with the branding guidelines provided by the Customer. Should no such guidelines be provided, FlightGuardian Aviation Safety GmbH commits to using the Logo respectfully and professionally.

The Client may request, in writing, for FlightGuardian Aviation Safety GmbH to cease using their Logo at any time, after which FlightGuardian Aviation Safety GmbH will take prompt action to remove the Logo from its materials and online platforms within a reasonable timeframe.

This right shall persist for the duration of the service agreement or until the termination of the service, unless otherwise instructed by the Customer.

18. Survivorship

In the event of termination or expiration of this Agreement, the terms and conditions set forth in this Agreement that by their sense and context are intended to survive the performance hereof shall survive and remain in full force and effect, including without limitation the terms and conditions set forth in Sections 5 (Payment), 13 (Exclusions and Limitations of Liability), 15 (Data Protection), and 17 (Applicable law and jurisdiction).

Special Terms and Conditions for Training Courses

1. Booking a Training Course

To book a FlightGuardian Aviation Safety GmbH course, the Client must submit an online registration. By doing so, the Client accepts these terms and conditions as stipulated and binding and confirms attending the FlightGuardian Aviation Safety GmbH course (subject to availability). FlightGuardian Aviation Safety GmbH will confirm receipt of Client’s booking in writing.

2. Course fee

All fees on the FlightGuardian Aviation Safety GmbH website are current at the time of booking. However, FlightGuardian Aviation Safety GmbH reserves the right to change them. The course fee confirmed in writing by FlightGuardian Aviation Safety GmbH in accordance with clause 1 above (Booking a Training Course) shall be binding.
In any event, FlightGuardian Aviation Safety GmbH reserves the right to refuse admission to the training course and facilities if payment has not been received prior to the start.
Fees for public training courses cover course materials, refreshments, examination, and evidence of qualification (certificate) upon successful completion or a certificate of attendance and exclude all other meals, accommodation, and transportation, unless otherwise stated in the quote.
Fees for in-house training courses cover the instructor, course materials, examination, and evidence of qualification (certificate) upon successful completion or a certificate of attendance and exclude training facilities (e.g., training room and equipment), meals, refreshments, accommodation, and transportation unless otherwise stated.
The fees are stated in Euros.

3. Payment of Course Fees & FlightGuardian Aviation Safety GmbH’s Rights

Payment for a public training course booking is due immediately following the online registration. Course fees can be settled via bank transfer or payment link, upon request, upon receipt of the invoice.
The invoice will be sent electronically by e-mail.
FlightGuardian Aviation Safety GmbH reserves the right to cancel the booked seat or give it to another participant if fees are not paid on time.

4. Course dates

In-house training courses shall be scheduled at least three weeks prior to the beginning of the training course. The quote is subject to the availability of trainers for the desired dates.

5. Course material

FlightGuardian Aviation Safety GmbH will provide the training course material in English for public training courses. Generally, the training course material for in-house training sessions is in English as well, unless otherwise stated in the quote. The training course material for public and in-house training courses will be provided in electronic format, unless otherwise agreed in writing.
For in-house training courses, it is the Client’s responsibility to advise FlightGuardian Aviation Safety GmbH should they require any form of customization for their training, e.g., specific case studies, etc. otherwise, the course will be delivered in line with the standard syllabus.

6. Rescheduling Training Course Bookings

Once booked, a training course may be rescheduled to a later or earlier training date within the same calendar year one time only for no extra charge. However, the Client shall provide a specific reason for such rescheduling. This notice needs to be given at least 21 calendar days prior to the commencement of the training course.
If the Client fails to attend the rescheduled training course, the course fee shall not be subject to refund or, if not paid, remains payable in full.
FlightGuardian Aviation Safety GmbH will charge the Client for any additional costs arising as a result of rescheduling (e.g., rebooking or cancellation fee for flights or accommodation, etc.).

7. Cancellation

FlightGuardian Aviation Safety GmbH reserves the right to cancel the event at any time if good cause exists, such as an event of force majeure or the minimum number of participants for a FlightGuardian Aviation Safety GmbH public training course could not be obtained.
In case of a cancellation, FlightGuardian Aviation Safety GmbH will notify the Client in writing (e-mail or by other means) or by phone about two weeks prior to the training event, and the paid course fee will be refunded to the Client.
FlightGuardian Aviation Safety GmbH is not liable for any expenses incurred by the Client if a course is canceled for good cause.
Notice of cancellation by the Client must be received by FlightGuardian Aviation Safety GmbH in writing at least 21 calendar days prior to the commencement of the training course (e-mail is an acceptable means for such a notification). Alternatively, someone else can attend in the Client’s place without incurring any extra cost.
If no replacement for a public training course is available, the following cancellation conditions shall apply for public events:
• Cancellation is free of charge until 60 calendar days prior to the commencement of the training course.
• 50% of the training course fee will be charged in case of cancellation 59 to 15 days prior to the commencement of the course.
• The whole amount will be due on cancellation 14 days and less prior to the commencement of the training course or in the case of no-shows.
• Additionally, all cancellations of training courses paid by credit card will incur a charge of 4% of the course fee to cover the credit card transfer expenses.
For in-house events at the Client’s premises, the whole amount shall be due with immediate effect if the Client cancels the event after the contract has been signed.

8. Changes to the Training Course

FlightGuardian Aviation Safety GmbH’s training courses are constantly updated and improved, and FlightGuardian Aviation Safety GmbH reserves the right to alter any of the courses' content, the venue, or the assigned trainer without prior notice.

9. In-house Training Course

The Client shall provide FlightGuardian Aviation Safety GmbH with such cooperation, assistance, and facilities as FlightGuardian Aviation Safety GmbH reasonably requires for the execution of the training event. The Client shall ensure that, as a minimum requirement, the training facilities are kept at a comfortable temperature, have sufficient lighting and ventilation, and are equipped with:

Marker board or flip charts and writing implements
Projector and screen
Classroom or teaching space with desks/writing surfaces
Adequate toilet facilities

The Client shall preferably provide free Internet access at the facilities during the training.

10. Remote Training

Our standard terms and conditions for classroom training also apply for remote training. In case public classroom training is converted to remote training, participants will be informed ahead of time to verify their attendance. Verbal confirmation is sufficient to transfer the registration from classroom training to the remote session.
You accept and acknowledge that FlightGuardian Aviation Safety GmbH cannot be held responsible for any delay or disruptions to your access to the remote training as a result of such suspension of any of the following:

The operation of the internet and the worldwide web, including but not limited to viruses;
Any firewall restrictions that have been placed on your network or the computer you are using to access the course;
Failures of telecommunications links and equipment; or
Updated browser issues.

If FlightGuardian Aviation Safety GmbH is responsible for extreme technical difficulties arising throughout the training, we will reschedule up to one day to cover the material affected by this.

11. Modifications of Contractual Performances

If in the course of the project FlightGuardian Aviation Safety GmbH becomes aware of the fact that it is necessary or advisable to modify the contractual performances, the parties will come to an agreement regarding such modifications. FlightGuardian Aviation Safety GmbH will submit a written proposal concerning the suggested alterations. If the Client fails to substantiate in writing any possible misgivings it may have and propose economically equivalent alternatives within 14 days of receipt of FlightGuardian Aviation Safety GmbH’s proposal, FlightGuardian Aviation Safety GmbH’s proposal shall be deemed approved by the Client.

12. Venues

FlightGuardian Aviation Safety GmbH does not accept any responsibility for the loss of or damage to personal property at the venue unless caused by willful misconduct or gross negligence on the part of FlightGuardian Aviation Safety GmbH staff or subcontractors.

13. Client’s Obligations

It is the Client’s responsibility to submit to FlightGuardian Aviation Safety GmbH at the beginning of its services without undue delay and free of charge all information, documents, data, etc., that FlightGuardian Aviation Safety GmbH deems necessary for the performance of such services. The same applies to all information, documents, and data produced or obtained by the Client during the course of the projects.

14. Prohibition of Recording and Transmission

You are not authorized to:
• Record on video or audio tape, relay by videophone or other means the online course for any commercial or private purposes.
• Upload, broadcast, post, transmit, or distribute any of the course content without prior written permission.

15. Use of Social Media and Recordings

During the training courses, participants may be photographed or otherwise recorded (e.g., video or audio recordings) by FlightGuardian Aviation Safety GmbH or its authorized personnel. These recordings may be used for marketing purposes on our website or on social media channels (e.g., LinkedIn, Facebook, Instagram), as long as the participant has provided their consent. The consent is voluntary and can be revoked at any time with effect for the future, without affecting the legality of the processing carried out up to that point.
If a participant does not wish to be photographed or recorded, they must inform the course organizer prior to the start of the training. In this case, FlightGuardian Aviation Safety GmbH will ensure that no recordings are made of the participant.
FlightGuardian Aviation Safety GmbH will comply with all data protection laws, including the General Data Protection Regulation (GDPR), in handling personal data. Further information on how we handle personal data can be found in our privacy policy.