imprint
Information obligation according to § 5 TMG.
drone4all
Jochen Wunderlich
Hölderlinstraße 21
74405 Gaildorf
Germany
Tel.: 017655867274
E-Mail: Anfrage@drohne4all.de
AGB´s
1. Scope of application, right to amend, content of the contract, change of contracting party, security
1.1. The company drohne4all provides all deliveries and services exclusively on the basis of these terms and conditions.
1.2. Any terms and conditions of the customer that deviate from these terms and conditions, either in whole or in part, are not recognized unless drohne4all has expressly agreed to them in writing. These terms and conditions shall apply exclusively even if drohne4all performs its services without reservation despite being aware of conflicting terms and conditions of the customer.
1.3. These General Terms and Conditions also apply to future business transactions between the parties.
1.4. drohne4all is entitled to amend the content of the contracts with the customer's consent, provided that the amendments are reasonable for the customer, taking into account drohne4all's interests. Consent to the contract amendment is deemed given if the customer does not object to the amendment within four weeks of receiving the notification of amendment. drohne4all will inform the customer in the notification of amendment that the amendment will become effective if the customer does not object within the specified period.
1.5. The company drohne4all may transfer its rights and obligations under its contracts to one or more third parties (contract transfer). In the event of a contract transfer, the customer has the right to terminate the contract without notice.
1.6. The safety of life and limb during the operation of the aircraft takes absolute precedence over contract fulfillment. The pilot may refuse or abort the flight at any time. The sole decision-making authority rests with the pilot of the aircraft.
2. Delivery time
2.1. The production of photo or video recordings (aerial recordings) may be weather-dependent (position of the sun, humidity, wind, season, etc.).
2.2. The client's requested shooting time can be taken into account, but cannot be guaranteed due to weather conditions, air traffic regulations, or for reasons of flight safety and personal injury. Any resulting delivery delays are considered agreed upon.
2.3. A maximum delivery time of two months is agreed upon. After two months, the client has the right to withdraw from the contract. Withdrawal from the contract will only be recognized if it is communicated immediately by the client in writing (letter, email, fax).
3. Loss costs, contract termination
3.1. The contractor, the company drohne4all, shall not assume any costs incurred by the client if the agreed flight with the aircraft does not take place for the following reasons:
3.2. If, in the pilot's opinion, a flight at the agreed location is not possible or the safety of life and limb cannot be guaranteed (weather conditions such as snow, rain, thunderstorms, strong winds, disruptive sunlight, general lighting conditions, technical failures of the aircraft and its remote controls, charging techniques, interfering power lines or wind turbines, potentially explosive objects such as petrol stations, lack of space for safe aircraft operation).
3.3. In case of pilot illness.
3.4. Extraordinary events (accident on the way to the recording location, crash of the aircraft, breakdown of the transport vehicle).
3.5. If the client cancels the order and the pilot is already en route to the agreed filming location, the travel expenses must be reimbursed as per the order confirmation. In addition, €50.00 per hour will be charged for the pilot's availability. The same applies if the client cancels the order at the filming location and no longer wishes to use an aircraft. Should events occur as described in sections 3.1–3.3, the contract may be terminated immediately by both the contractor and the client. Section 3.4 remains unaffected.
4. Obligations of the Contractor
4.1. The contractor undertakes to inform the client immediately of any technical problems with the aircraft and its controls. This will be done by fax, email, letter, or telephone call with a written record.
5. Obligations of the client
5.1. The client expressly warrants that they possess all rights to place the order. Should the order infringe upon the rights of third parties, the client shall be fully liable.
5.2. In order to carry out the recordings, the client must provide a description of the recording location so that the contractor can better assess the feasibility of the recordings.
6. Shipping
6.1. The customer bears the costs for packaging, shipping, and insurance, unless otherwise agreed. drohne4all chooses the shipping method and carrier. Original data CDs, DVDs, or USB sticks are always shipped with insurance. The recipient must immediately notify the carrier (e.g., postal service, DPD, UPS) and drohne4all of any damage to the delivered goods.
7. Right of Use
7.1. In principle, the complete rights of use to the image material are transferred to the client. The client may only exercise these rights upon payment of the invoice. Furthermore, drohne4all reserves the right to use the produced image material for its own advertising purposes/references.
8. Urhebervermerk
8.1. Any use and publication of our photo and video material is permitted only with the copyright notice "drone4all". The source must be credited in such a way that unambiguous identification is possible and there is no doubt as to the attribution of the photo/video and the credit. Failure to do so will result in a 100% increase in the commission fee. The user shall indemnify drohne4all against any third-party claims arising from the failure to credit the source.
9. Payment terms
9.1. Our invoices are always payable without deduction or discount within 8 days of the invoice date.
9.2. The client may only exercise the rights of use once the invoice has been paid.
10. Data protection
10.1. It is hereby pointed out that drohne4all collects, processes and uses a user's personal data without further consent only to the extent necessary for the establishment and execution of the contract and for billing purposes.
10.2. drohne4all expressly points out to the customer that, according to the current state of technology, comprehensive data protection for data transmissions in open networks, such as the Internet, cannot be guaranteed.
11. Jurisdiction, Applicable Law
11.1. The exclusive place of jurisdiction for all disputes arising from this contract is Schwäbisch Hall, if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany.
