§ 1 Scope

1. These General Terms and Conditions apply to all contracts between Airport Excellence, a brand of Airport Experts GmbH (hereinafter referred to as Airport Excellence) and its clients. Conflicting or deviating terms and conditions of business, contract and/or purchase are not recognized unless their validity is approved in writing.

2. Insofar as individual contractual agreements have also been made between the contracting parties, these have priority over the provisions of these general terms and conditions. These general terms and conditions then only apply as a supplement if and to the extent that nothing or nothing deviating is regulated in the individual contract.

§2 Services of Airport Excellence

1. The contracting parties agree that Airport Excellence only owes the provision of services, but not the production of a work or the achievement of a specific success. The contracting parties also agree that the exclusively service-contractual character of Airport Excellence's obligation to perform does not change if Airport Excellence undertakes to record the results of its service in writing and to prepare and hand over corresponding reports, studies and the like. Unless otherwise expressly agreed, such written reports, studies and the like do not represent expert opinions, but only reflect the essential content of the process and the result of the services.

2. Airport Excellence is entitled to use expert third parties as subcontractors to carry out the order. The contracting parties also agree that Mammut Consulting GmbH does not owe or provide any legal, tax or auditor services. Insofar as Airport Excellence ensures the provision of such activities through the involvement of appropriate professionals, it only acts as an intermediary without becoming the debtor/contractual partner of such activities.

3. The contracting parties agree that Airport Excellence is not obliged to check the information, data or documents provided in writing or verbally for factual or arithmetic correctness, completeness or correctness. If, however, Airport Excellence realizes that the information, data or documents given to it in writing or verbally are obviously incorrect, incomplete or improper, it will point this out.

4. The customer is entitled to have any defects rectified. This claim must be asserted immediately. Airport Excellence is an opportunity for improvement.

§ 3 Storage of documents

Airport Excellence is no longer obliged to store the documents provided by the client for the purpose of providing the services owed if three years have passed since the date of termination of the contractual relationship or six months have passed since a written request to the client to collect the documents has passed.

§ 4 Duty to cooperate

1. The client is obligated to support Airport Excellence to the best of his ability, namely to provide all information and documents required for the execution of the order and to create all the necessary conditions for the proper execution of the order in his operational sphere.

2. The customer is also obliged to appoint one or more persons to Airport Excellence who are authorized to make all binding statements for the customer that are necessary for the provision of the owed service.

§ 5 data protection, data transmission

1. The client agrees that the exchange of data and information in cooperation with the client and with all project participants also takes place via unencrypted e-mails. If the client does not wish data to be sent via unencrypted emails and email attachments, he will inform the contractor of this in writing - either in individual cases or in general. In this case, e-mail attachments are then sent in encrypted form, which the client can only open with a password. If encryption is desired, encryption and decryption methods that can be used with standard software (in particular MS Office, Apple Mail) without additional installations are to be used both for sending data from the client to the contractor and vice versa.

2. Airport Excellence is entitled to automatically collect, automatically process and store personal data entrusted to it by the customer and his employees as part of their work and - within the scope of the subject of the order - if necessary to transfer it to a service computer center or other suitable third party for further order data processing . If third parties are involved, Airport Excellence must ensure their obligation of confidentiality.

3. The client is aware that the content of unencrypted emails or their attachments can possibly be read by unauthorized third parties. Nevertheless, the client agrees to communication and the transmission of documents by unencrypted email. Should the customer require a different communication technology, he will inform Airport Excellence of this.

§ 6 Rights to the work results

1. Airport Excellence is exclusively entitled to all copyrights or rights from supplementary protection of services under competition law in all documents created by Airport Excellence for the purpose of providing the services owed.

2. The customer is only permitted to use, reproduce and publish such documents created by Airport Excellence for the purpose of providing the owed services for his own operations for the purposes stipulated in the contract.

3. The transfer of the work results of Airport Excellence to third parties requires the written consent of Airport Excellence, unless consent to the transfer is already evident from the content of the order.

§ 7 Right of retention

Airport Excellence has a right of retention to the documents handed over to it by the customer for the purpose of providing the services owed until its claims from the contractual relationship have been fully satisfied. This right of retention does not exist if and to the extent that the customer would suffer a disproportionate disadvantage, also taking into account Airport Excellence's interest in performance.

§ 8 Remuneration

1. Unless otherwise agreed, the usual remuneration and the reimbursement of expenses in the usual amount shall be deemed to have been agreed.

2. Airport Excellence is entitled to invoice the work performed every 14 days after the start of the contractual relationship. The fee is due immediately after invoicing.

3. In addition to the fee claim in accordance with paragraph 1, Airport Excellence is also entitled to reimbursement of all expenses and expenses incurred in providing the services owed.

4. The customer can only offset the fee claim and the claim for reimbursement of expenses with undisputed or legally established claims.

5. Sales tax is calculated at the statutory rate.

6. Several clients of the same order are jointly and severally liable for the remuneration.

7. With the payment of invoices from Airport Excellence by the client or third parties commissioned by the client, the claims asserted with the respective invoice are deemed to be acknowledged. Claims for reimbursement are excluded.

8. Objections to Airport Excellence invoices must be made within four weeks of receipt at the latest; later objections are excluded.

9. If the order ends before it has been completed, Airport Excellence will receive a proportion of the remuneration corresponding to the scope of the work performed up to the end of the order. If the order is terminated prematurely for reasons for which the customer is responsible, Airport Excellence is also entitled to 90% of the remuneration to which it is entitled for this period for the period from the end of the order to the end of the agreed ordinary notice period. The contracting parties have the opportunity to prove lower or higher damage.

Section 9 Confidentiality

Airport Excellence undertakes to maintain secrecy about all facts that come to its knowledge in connection with the execution of the order, unless the client releases it from this obligation. The duty of confidentiality does not apply if disclosure is necessary to protect the legitimate interests of Airport Excellence. Airport Excellence is also released from the duty of confidentiality insofar as it is obliged to provide information and to cooperate according to the insurance conditions of its professional liability insurance. The confidentiality obligation does not apply to the client's lending banks.

Section 10 Liability

Airport Excellence's liability for damage suffered by the client is excluded unless there is an intentional or grossly negligent breach of duty; in the case of negligence, the amount is limited to EUR 250,000.00 per case of damage. However, Airport Excellence is liable for damages resulting from culpable injury to life, body and health as well as damages from culpable violation of essential contractual obligations (so-called cardinal obligations); in the case of the latter, in the event of slight negligence, however, the amount of liability is limited to the foreseeable, contract-typical damage at the time the contract begins. Airport Excellence is not liable for loss of production and lost profits on the part of the client. Liability for the success or the achievement of certain goals of the customer is generally excluded, unless something else is expressly agreed in writing.

§ 11 Statute of limitations

All claims of the client against Airport Excellence resulting from the contractual relationship expire after 2 years. Deviating from this, the statutory limitation period of 3 years applies if Airport Excellence is charged with intent.

§12 Termination of the contractual relationship

Unless otherwise agreed, the contractual relationship can be terminated by either party with a notice period of 14 days to the end of the month. Any termination must be in writing to be effective.

§ 13 Termination of Order

The order placed with Airport Excellence is terminated by the provision of the services owed. If Airport Excellence notifies the client in writing that all services owed have been rendered in full, the client can no longer demand the rendering of further services if he does not complain in writing within four weeks of receipt of Airport Excellence's written declaration that the services rendered are incomplete.

§ 14 Final Provisions

German law applies exclusively to all claims resulting from or in connection with this contractual relationship. The place of jurisdiction is the headquarters of Airport Experts GmbH. However, the latter can also sue the customer at his general place of jurisdiction. Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are then obliged to make a substitute arrangement that comes as close as possible to the economic purpose of the invalid clause.