Terms & Conditions
Scope of application
The following terms and conditions apply to orders with end customers for aerial photographs (photos, videos, other) and processing that a client gives us in writing, orally or in text form. In the interests of the client, we prefer written form, as any transmission errors are at the expense of the client. Deviations and special agreements are only effective in writing. The safety of life and limb of all parties involved and the safety of the airspace, as well as the safety of the equipment used, always have priority over contract fulfilment. Only the local pilot and/or the competent authorities have the authority to make decisions about this.
Involved parties, provision of services
AIRTEAM carries out the customer's orders on its own account and in its own name, either through its own or contracted employees or contractors (pilots).
Flight permit and cooperation
We provide access permits for the respective federal state and/or the respective city or municipality. This is generally free of charge for the client. Exceptions: If special permits are required (e.g. for flights in nature reserves, across waterways, filming locations from third parties, etc.), the client undertakes to work with us and the authorities and to bear any costs for filming permits or special uses, at no additional cost.
Care & change requests
The pilot and/or camera operator ensures, always with the customer in mind, the best possible image in the best possible setting. On site, the client can make special requests or improvements. If the client does not like the image material after the order has been carried out, this is not a defect. If the client has also chosen video editing or image editing, he is free to make a round of changes, provided that the conditions are maintained.
Failure costs and cancellation
Our drones, multicopters and microcopters cannot ascend in rain, snowfall, thunderstorms and strong gusty winds, or only with restrictions. In this case, we must reschedule the flight to another date after consultation with the customer. If it turns out on site that the client has provided false or inaccurate information which impairs, prevents or makes the recordings impossible, this is at his expense. In the event of withdrawal from binding order placement up to one week before execution, 25% must be paid. 50% from one week before implementation up to three days. Three days to 24 hours 75%. 24 hours 100%. If we withdraw from an order for aviation reasons, no claims can be made against us.
Flight bans
For legal reasons, drones cannot be used everywhere. Use in the vicinity of: airports, helipads and power plants is generally prohibited. In addition, the flight over correctional facilities, military installations, nature reserves and accident sites. Deployment over crowds, over busy roads and for espionage or paparazzi tasks is generally prohibited. The aircraft may only be operated between sunrise and sunset and must be flown within sight of the pilot.
Protection of third parties and liability
The client assures that his order, implementation and possible publication does not infringe the rights of third parties. Should the pilot become aware during the execution of the order that the order violates law and order, he can immediately cancel the order at the expense of the client and withhold and destroy the image material. The client agrees to indemnify us against any claims for compensation from third parties.
liability
All our flights are covered by aviation liability insurance. We are only liable for grossly negligent or intentional damage within the legal provisions. Liability for simple negligence is excluded, except in cases of damage to body, health or life, as well as in cases of breaches of the core obligations of the contract (cardinal obligations).
Prices, payment and rights of use
All our prices are exclusive of statutory value added tax. The payment due date is 14 days after receipt of the invoice and is to be paid without deductions. We do not grant a discount. After expiry of the legal payment period, we reserve the right to take legal action without notice. Only after payment does the image right become the property of the client. We reserve the right to use parts of the created material for our own advertising purposes.
Jurisdiction
The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction for all legal disputes is Berlin.
Status: 01.02.2021