General Terms and Conditions (GTC) of FlyingStars GmbH
1. Scope of application
​
The legal basis for all orders accepted by FlyingStars GmbH (Contractor) from clients for drone light shows are the Contractor's terms and conditions. Any deviations from these terms and conditions must be recognised by the Contractor in writing or by the Contractor in text form.
​
2. placing of order
The order shall only be deemed to have been accepted by the Contractor once it has been confirmed by the Contractor in writing or in text form.
​
3. prices
a.) Unless otherwise agreed in writing or in text form or via a service of lexoffice.de, a down payment of 30 % of the total amount of the order is due. 30% of the total amount is due within 14 days.
b.) Unless otherwise agreed, the client shall bear all charges and fees incurred for the granting of necessary official permits, the costs of fulfilling official requirements, the costs of all necessary security measures and any GEMA fees incurred.
4. official authorisations
a.) Unless otherwise agreed, the Contractor shall endeavour to obtain the aviation permits required for the performance of drone light shows in its own name and at the Client's expense. The Contractor shall not be responsible for obtaining these authorisations.
b.) The Client undertakes to provide the Contractor with all documents and information required for the granting of aviation authorisations, e.g. regarding local conditions, declarations of consent by third parties.
5. obligations of the client
The client undertakes
a.) To provide the Contractor with an area suitable for the drone light show free of charge for the time to be determined by the Contractor.
b.) To obtain the consent of the landowner and to secure the safety area against unauthorised access during the drone light show at its own expense and responsibility.
c.) To indemnify the Contractor against claims by the property owner.
​
6 Obligations of the Contractor
a.) The Contractor undertakes to carry out the order correctly and punctually, unless there are reasons for which it is not responsible, such as force majeure, epidemics and pandemics (and corresponding legal measures), strike, lack of necessary official authorisations, other legal reasons that make it impossible to carry out the show at the planned time, the existence of safety risks, impracticability due to weather conditions (e.g. wind speeds >10 m/s, liquid or solid precipitation >1 mm/h, temperatures <0 °C, fog, imminent or prevailing effects of other aircraft, imminent or prevailing effects of other aircraft, impossibility to carry out the show at the planned time). weather-related impracticability (e.g. wind speeds >10 m/s, liquid or solid precipitation >1 mm/h, temperatures <0 °C, fog), imminent or prevailing effects of other aircraft, intentional or otherwise occurring interference signals or electromagnetic interference. A drone light show that is nevertheless carried out or not cancelled by the client in the knowledge of the existence of these reasons shall in any case be deemed to be a correctly executed order. No. 7 sentence 1 of these GTC remains unaffected.
​
b.) The order shall not be deemed to have been incorrectly executed if the agreed number of drones drops to up to 90% of the agreed number of drones for the drone light show during the drone light show or already at the beginning. The agreed number of drones does not have to be guaranteed for the entire duration of the drone light show.
c.) The type and scope of the measures required to fulfil the order are subject to the Contractor's freedom of decision. This also applies to the conceptual and creative realisation of the presentation.
7. compensation for damages
Claims for damages by the Client shall be excluded unless the damage was caused by wilful intent or gross negligence on the part of the Contractor. This does not apply to damages resulting from injury to life, limb or health.
​
8. cancellation
a.) If the order is not carried out for reasons for which the Client is responsible, the Client shall reimburse the Contractor for the costs incurred, processing fees and loss of earnings, but at least 30% of the total price of the order.
b.) If the order is not executed for reasons for which neither party is responsible, or if it is cancelled during execution for such reasons, the Client shall reimburse the Contractor for the costs incurred, but at least 30% of the total price of the order.
c.) If the Contractor's scope of services includes music-synchronised services and other custom-made special effects that are not performed by light show drones, the Client shall also pay for these in the event of a cancellation.
​
9. copyrights and advertising
a.) Copyrights to the conception of drone light shows shall not be transferred under any circumstances. Rights of use may be transferred by written agreement or agreement in text form.
b.) The Client authorises the Contractor to take pictures and videos of the drone light shows and the Client's events and to use them for its own advertising purposes. The authorisation of use also extends to the existence of the order, the naming of the Client and its customer at the event, the use of the Client's logo and the logo of its customer at the event, and variations thereof, and information about the event, insofar as the Client is considered an entrepreneur. To this end, the Client shall indemnify the Contractor against third-party claims.
​
10. Applicable law and place of jurisdiction
The legal relationship between the contracting parties shall be governed exclusively by German law. The place of jurisdiction is Gelsenkirchen.
11. partial invalidity
Should a provision in these terms and conditions be or become invalid, the validity of all other provisions shall not be affected within the meaning of § 306 BGB.
Status: 26.06.2022
​
​