UTILISATEUR INDIVIDUEL GROUPE COMMERCIAL FACTURATION CONDITIONS GÉNÉRALES

Legal Conditions


Dear Customer,

To open a user account and allow you to begin to access the Self- and homebriefing service we need to have your agreement and commitment to the provisions, terms and conditions set out below. Please read these terms and conditions carefully and fully, using the scrollbar to reach parts of the text that may be hidden from view. To obtain an easier-to-read paper hardcopy, please use the "Print" function.

By checking the "I confirm that I have read and understood all provisions, terms and conditions and fully accept their content" box, you declare your agreement and commitment with the provisions, terms and conditions set out here and to use this website and the services described hereafter accordingly.

Austro Control Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung and skyguide swiss air navigation services ltd reserve the right to deny or restrict your access to their services at any time and at their own discretion.

Austro Control Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung
skyguide swiss air navigation services ltd

Your partners for selfbriefing and homebriefing services

By completing the following procedure, you apply for a user account which will enable you to use selfbriefing services at aerodromes in Austria and Switzerland and homebriefing services according to the terms and conditions set out below.
Please note that, in the legal sense, selfbriefing services at aerodromes in Austria are provided by
Austro Control Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung (“Austro Control”), a GmbH organised under the laws of Austria and registered with the Commercial Register of the Vienna Commercial Court (entry number 71000m) with Vienna as its principal place of business and business address Schnirchgasse 11, A-1030 Vienna,
See: Austrian selfbriefing specific conditions
while selfbriefing services at aerodromes in Switzerland are provided by
skyguide, swiss air navigation services ltd. (“skyguide”), a Swiss company, organised under the laws of Switzerland and registered with the Commercial Register of Geneva (CH-035-3000551-5) and its principal place of business and business address Route de Pré-Bois 15-17, CH-1215 Genève 15.
See: Swiss selfbriefing specific conditions
For technical reasons, the contractual agreement you conclude to use the homebriefing services (the “Contract”) will be with Austro Control and will cover the access to briefing functions for all flights the homebriefing services will be available for, including flights departing from Swiss aerodromes. Skyguide recognises the Contract, however, and has the requisite agreement in place with Austro Control.

  Main features of the selfbriefing and homebriefing services
The selfbriefing service provides (via distance data transmission) the following functionalities ("Briefing Functions") which are necessary for purposes of flight planning: AIS information, MET information and the possibility of filing a flight plan. The homebriefing service provides an additional means of transmission (for data and other information, customer requests regarding such information, flight plans etc). To this end, the homebriefing service enables you to access the Briefing Functions via the world wide web.

  Term of the Contract, Contract fees, payment
Once you have initially registered, the homebriefing service will be available to you free of charge for a trial one-month period according to the provisions, terms and conditions set out here. Following this, you will be asked to pay an annual flat fee for a one-year access. The Contract concluded by your payment will automatically expire after one year. Thereafter you may be offered a new Contract subject to the then current fees, terms and conditions.

  Method and terms of payment
We currently accept payment for the homebriefing-service via qenta (see http://www.qenta.at) by "paybox" (Austria only), or the following credit cards : VISA, Mastercard, Dinersclub, American Express. The terms of payment depend on the general terms and conditions of the company which provides the cashless payment system. We reserve the right to limit or amend these methods of payment at any time at our sole discretion.

  Limitation of flight plan submission
The availability of homebriefing services is limited to the briefing and submission of flight plans for flights departing from aerodromes in Austria or Switzerland (the “Collaboration Area”). In addition, you may submit up to, but not more than, 10 (ten) flight plans per Contract period (i.e. one year) for flights departing from an airport outside the Collaboration Area. Beyond this limit, we reserve the right to charge extra fees.

  SMS for flight plan associated messages
As a user of the homebriefing service, you may submit up to, but not more than, 200 (two hundred) flight plans per Contract period (i.e. one year) by using the Short Message Service (SMS). Beyond this limit, we reserve the right to charge an extra fees.
Please note that the scope of the homebriefing service is limited to the reception of flight plans transmitted to the homebriefing system interface via SMS. The homebriefing service does not include the provision of Short Message Services as such. You hereby expressly agree that neither Austro Control nor skyguide may be held liable for the successful dispatch of single short messages or for the delivery with the addressee within a certain period of time.
For information on the current fees please see www.homebriefing.com

  Flight plans (“FPL”)
• State Mandated Flights are flights for which a Party due to its national aviation law is obliged to provide pre-flight briefing services and Flight Plan Processing
• Austrian State Mandated Flights are flights for which ACG due to Austrian national public aviation law is obliged to provide pre-flight briefing services and Flight Plan Processing
• Swiss State Mandated Flights are flights for which skyguide due to Swiss national public aviation law is obliged to provide pre-flight briefing services and Flight Plan Processing
• FPLs for state mandated flights are FPLs for flights which originate from an aerodrome/place of departure within Austria or Switzerland - LOxx, LSxx and LFSB.
• FPLs for non state mandated flights are FPLs for flights which originate from an aerodrome/place of departure outside Austria or Switzerland (LOxx, LSxx and LFSB). Beginning with January 23rd, 2008, commencement of day non state mandated FPLs will be charged with a fee as set forth on this web site.
• In addition to the state mandated FPLs, which are free of charge, you may submit a number of FPLs per Contract period (i.e. one year) up to the amount indicated in the position of the price list applicable to you, for flights departing from an aerodrome outside Austria or Switzerland (LOxx, LSxx and LFSB). Beyond this limit extra fees will be charged. Additional packages for non state mandated flights are for sale.
• In the event a FPL is approved it will be charged within the FPL package bought by you. Rejected FPLs will not be charged.
• For each leg of a flight one FPL shall be debited.
• In the context of the use of SMS: The calculation for the price of a single FPL contains the use of a maximum of three SMS messages. Beyond this limit, we reserve the right to charge extra fees or deny their reception.
Please note that the scope of the homebriefing service is limited to the reception of flight plans transmitted to the homebriefing system interface via SMS. The homebriefing service does not include the provision of Short Message Services as such. You hereby expressly consent thereto that neither Austro Control nor skyguide may be held liable for the successful dispatch of single short messages or for the delivery with the addressee within a certain period of time.

  Privacy Policy
Austro Control and skyguide undertake to handle all personal information in full compliance with Austrian and Swiss data protection law.

  Consent to the use of personal data:
You hereby confirm that you are aware of the fact that Austro Control and skyguide will use and exchange personal data relating to yourself to perform the Self- and homebriefing services ("USE OF DATA"). This USE OF DATA will include but will not be restricted to
  1. the customisation of the content provided, the responding to your requests for products and services, the improvement of services, statistical purposes and other kinds of processing and transmitting of personal and other data disclosed in your initial application for system access and/or in the course of using the Self-/homebriefing system,
  2. the comparison of these data with other data relating to myself, for purposes of present and future functioning of the Self-/homebriefing system, as for instance system access initialization, Aeronautical Information and Meteorological Services, delivery, checking and forwarding of flight plans as well as charging of fees, and
  3. the disclosure of such data by transmission to external data processors for the performance of these tasks.
You hereby give your consent to the USE OF DATA.

  Your obligations and limitations regarding use and protection of data
Austro Control and skyguide provide access to data, databases, documents and other information via the selfbriefing and/or homebriefing service which are protected by copyright or other Intellectual Property Rights. These rights are reserved by Austro Control and skyguide. The data, documents and other information may be used by any authorized aeronautical user of these services subject to the provisions hereunder. You hereby agree that you may use all data, documents and other information disclosed or made accessible to you or, in case of a group license, to other members of your group, in connection with the selfbriefing and/or homebriefing services ("DATA") and the access to the system itself solely for purposes of individual flight planning, flight preparation and flight plan delivery concerning flights to be performed by yourself or persons you act on behalf of. Any use of DATA for purposes beyond these limits – like, e.g., by copying, reproducing, changing or otherwise amending, republishing, distributing or transmitting of DATA for commercial purposes - is strictly forbidden. You shall take all appropriate actions to prevent unlawful use of the data by third parties which are in the sphere of your influence. You shall be liable for any unlawful use of the data by third parties, even in cases where this occurs without your fault, if the unlawful use of data is caused by your use of the selfbriefing and/or homebriefing services.

  Registration information
You agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information without delay.

  Disclaimer of warranty
Austro Control and skyguide attempt to provide you with the selfbriefing and/or homebriefing-services in a complete and accurate manner and free of errors. Nevertheless Austro Control and skyguide expressly disclaim all warranties, including the warranties of accessibility, completeness and accuracy.
This disclaimer of Warranty is not applicable in case and to the extent it is in conflict with applicable strict public or private law (like, e.g., towards consumers in the sense of the consumer protection law).

  Limitation of liability
Notwithstanding more restrictive limitations set out herein, any liability of Austro Control and/or skyguide shall be limited to damages caused by Austro Control’s or skyguide’s gross negligence or wrongful intention. Austro Control’s and skyguide’s aggregate liability shall be limited to EUR 2000,-- for each case.
This limitation of liability is not applicable in case and to the extent it is in conflict with applicable strict public or private law (like, e.g., towards consumers in the sense of the consumer protection law).

  Force Majeure
Neither Austro Control nor skyguide shall be under any obligation to provide the services in case such service provision is hindered by occurrence beyond their reasonable control including, without limitation, fire, strike, industrial disturbance, riot, war, act of God and government order or regulation.

  Assignment
Austro Control and skyguide shall be entitled to, at their own discretion, assign this Contract in whole or in part to a third party including, but not limited to, an association, partnership, company or other entity formed or founded by Austro Control and/or skyguide, provided that to the extent necessary under strict law Austro Control and/or skyguide remain liable for the obligations of the third party stemming from this Contract.

  Governing Law and Jurisdiction for homebriefing
The Contract regarding the provision of homebriefing services shall be governed by the laws of Austria. The rules on conflict of laws and the UN-Convention on Contracts for the International Sale of Goods shall not apply.
Exclusive Jurisdiction concerning contract partners other than consumers: Any dispute arising out of or relating to this contract shall be resolved finally through the court situated in Vienna, first district, which has jurisdiction over the subject matter.
Jurisdiction concerning consumers who are in the scope of the consumer-protection-law ("Konsumentenschutzgesetz"): Notwithstanding the jurisdiction according to § 14 of the consumer-protection-law ("Konsumentenschutzgesetz") it is deemed to be agreed that in the case where a consumer is residing or working in Vienna, first district, the court situated in Vienna, first district, which has jurisdiction over the subject matter, has jurisdiction.

 
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