Nutzungsbedingungen
1. General
1.1 The obligor provides the authorized party with an online application on the website www.onres24.com for the administration and accounting of the costs of associations, foundations, companies and other legal persons or organizations of all kinds, with which the authorized party, after prior registration of the data, can calculate the costs of the flights carried out by him with (sports) aircraft.
ten flights can be billed and invoiced.
2. Scope of services
2.1 The obligated party merely provides the authorized party with the opportunity to use the application on the website www.onres24.com. To do so, the authorized party must create a user profile on this website by providing their personal data, an alias name and a password of their choice, which they can personalize within the parameters specified by the obligated party. The authorized party must treat the password as confidential and is not authorized to pass it on to third parties.
2.2 The obligated party may change the program at its own discretion, provided that this is not expected to affect the program functionality prior to the change. The authorized party will be notified of any changes in a timely manner, stating the date on which they will take effect, in order to enable him to back up any data he may have stored.
2.3 If the obligor arranges services from third parties at the request of the authorized party, these contracts are concluded exclusively between the authorized party and the third party. The obligor assumes no liability whatsoever in relation to such contracts.
3. Liability and data backup
3.1 The obligor shall only be liable for intent and gross negligence in connection with the provision of the program and its use.
3.2 The authorized party will immediately inform the obligated party of all software bugs and any other errors and/or inaccuracies in the application that he notices or becomes aware of. The obligated party will remove any software bugs or other errors and/or inaccuracies that impair the functionality of the application within a reasonable period of time after they become known.
3.3 The obligor is not responsible in principle for backing up the data stored by the authorized party on the website www.onres24.com and is not liable for any loss of data. If data backup is expressly agreed as a service, the obligor’s liability for loss of data is not excluded, but is limited to the costs of restoring the data up to a maximum of EUR 300.00 per case of damage.
4. Remuneration
4.1 The fees and conditions to be paid by the Beneficiary can be viewed on the website www.onres24.com or have been agreed individually.
4.2 The invoices issued by the obligor are payable no later than 14 days after receipt without any deductions and free of charge. A payment is deemed to have been made on the day on which the obligor can dispose of it. If the obligor defaults on his payments, the obligor is entitled to claim the statutory default interest plus all costs. If the obligor’s default exceeds 14 days, the obligor is entitled to stop all services and to block the obligor’s access to the user profile he has created on the website www.onres24.com. The obligor is also entitled to demand immediate payment for all services already provided, regardless of any payment deadlines.
4.3 The entitled party is only permitted to offset against counterclaims that have been acknowledged by the obligor or have been legally established. The entitled party is not entitled to a right of retention.
5. Force majeure
To the extent and for as long as the contractual obligations of the obligor cannot be fulfilled on time or properly due to force majeure, such as war, terrorism, natural disasters, fire, strikes, lockouts, embargoes, sovereign interventions, power failure, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other unavailability of products, this does not constitute a breach of contract.
6. Restrictions on use
The Authorized User agrees not to misuse the Website. „Misuse“ includes, but is not limited to, using the Website for the following:
- to defame, harass, stalk, threaten, abuse or otherwise violate the rights of others as defined by applicable law;
- disrupt or interfere with the operation or functionality of any other computer or software in any way, including, without limitation, by uploading, downloading or transmitting corrupted files or computer viruses;
- to infringe applicable intellectual property rights, existing publication or confidentiality rights, including – but not limited to – by uploading, downloading or transmitting data material or software;
- falsify or suppress the origin or ownership of any file you download or upload, including, without limitation, by suppressing or removing any portion of the original programming language, author or patent attributions, or any copyright, patent, trademark or service notice;
- transmit, send or otherwise disclose any trade secrets or other confidential or proprietary information or material;
- Download or upload files whose distribution via the Website is unlawful;
- transmit any information or software obtained through the Website or copy, frame, display, distribute, license, perform, publish, transform, reproduce, sell or transmit any works from the Website;
- cause a disproportionately large load on the website infrastructure;
- use a forged password or identification number when logging into the Website or provide a false identity or authorization;
- violate this Agreement in any other way.
7. Term of the contract
7.1 The contract comes into effect when the authorized party registers on the website www.onres24.com and runs for an indefinite period. The contract can be terminated in writing by either party with a notice period of 1 month to the end of the month. The deregistration of the authorized party on the website www.onres24.com or the deletion of their profile will be considered as termination at the next possible date. In this case, the obligated party will inform the authorized party of the date on which their termination takes effect.
7.2 Each contracting party is entitled to terminate the contract prematurely and without notice for good cause by registered letter. Good cause exists for the obligor in particular if the entitled party is more than one month late in paying an invoice from the obligor, violates the usage restrictions in section 6 or stores electronic files in their user profile on the website www.onres24.com that are visible to everyone and that violate a law or common decency and in particular contain pornographic, racist or degrading content.
7.3 After the end of the term, the obligated party will delete the user profile created by the authorized party on the website www.onres24.com, along with all data and electronic files contained therein. The authorized party is responsible for backing up any data he may have entered and any calculations he may have carried out, as well as any personal data.
8. Data protection and copyright
8.1 The data transmitted by the client will be treated as strictly confidential by the contractor, unless the client makes them visible on the website. Data that is not visible to everyone will only be passed on to third parties if relevant legal regulations or an official instruction or order so require.
8.2 All photos, logos, texts, reports, scripts and program routines shown on these pages, which are the contractor’s own developments or have been prepared by him, may not be copied or used in any other way by the client without his express written consent. All third-party logos, images and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensors.
9. Miscellaneous
9.1 Changes and additions to the contract must be made in writing. This also applies to the cancellation of this formal requirement.
9.2 If one or more provisions of the contract are or become wholly or partially invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. The invalid, void or unenforceable provision shall be replaced by the legally possible regulation that comes closest to the economic purpose and the economic intention of the parties of the invalid, void or unenforceable clause.
9.3 To the extent legally permissible, Tiefenbach is agreed as the place of performance and Passau as the place of jurisdiction.