Conditions
TERMS AND CONDITIONS (GTC)
ACP Airplane and Car Polish / owner Sebastian Stölzel
Status: 07.04.2021
All contracts concluded between "ACP Airplane and Car Polish" (hereinafter service provider) and the customer are based on the following general terms and conditions:
§1 Subject of the terms and conditions
The subject of the following conditions is the cleaning, maintenance and preparation of aircraft and motor vehicles.
§2 Appointments
a) Appointments are generally made with the mutual consent of both business parties.
b) Rush orders must be declared as such by the customer. This service is non-binding and depends on the order situation.
c) Appointment agreements are at the same time orders and are also regarded as such in the legal sense. Irrespective of this, the customer must sign a written order confirmation or issue a written order immediately before the start of the aircraft and vehicle preparation/cleaning.
§3 Failure to keep an appointment
a) Appointment agreements remain valid up to the agreed date if this is not terminated by one of the business parties at least two working days before this agreed date.
b) In the event of force majeure and official orders, an appointment can be declared void at short notice.
c) Claims for damages result from §3a, but not from §3b.
d) If there is no recognizable reason for not meeting an appointment at the specified time (see §3a), the service provider can claim a flat-rate fee of 50% of the agreed price, but at least 10% of the agreed price, from the customer / client.
§4 Terms of payment / payment agreements
a) The terms of payment are to be accepted by the customer/client as they are stated on the order confirmation, invoice or receipt.
b) Exceptional cases are possible after prior verbal agreement, but must be noted on the order confirmation, otherwise they will lose their validity.
c) Written payment agreements represent an exception and overrule §4a and §4b.
§5 Complaints
a) Complaints can only be made immediately after the work has been completed when the vehicle is handed over.
b) A claim can only be asserted if the fault clearly lies with the aircraft or vehicle preparation/cleaning and there is no willful misconduct.
c) In the case of justified complaints, the service provider must ensure appropriate compensation.
d) Complaints must be made immediately in writing at the handover location by the injured party in the presence of employees of the service provider.
e) In the event of a complaint, a photo documentation of the damaged item must be made immediately, otherwise the complaint will be invalid.
§6 Liability and Guarantee
a) The service provider assumes full liability for damage caused by your work on the vehicle willfully or by improper handling of the vehicle, except for §6b, §6c and §6d.
b) In the case of damage to the paintwork caused by the service provider and originating from defective paintwork, e.g. B. due to stone chipping, paint chipping, poorly processed paintwork, scratches, etc., the service provider and his employees cannot be held responsible or made claims for damages.
c) In the case of damaged, defective aircraft or vehicle parts such as e.g. B defective rims, aerodynamic parts, controls, Antennas, exterior mirrors, loose and damaged interior, accessories that were installed poorly or unprofessionally beforehand or that were loose in the aircraft or If the vehicle lay and is lost or damaged or destroyed during preparation/care, no compensation will be provided, see §5b.
d) Slightly aggressive chemicals can be used for heavily soiled interiors that show stains and bruises. This can cause color fading and discrepancies. For this purpose, the customer must be informed in writing in the order confirmation and accepts these possible with the terms and conditions damage at his expense.
e) Liability for damage that existed on the vehicle in question before the aircraft or vehicle was prepared and was increased by the work on the vehicle is not accepted, see §6b, §6c, §6d.
f) The service provider and his employees do not guarantee the success of work that gives reason to doubt its success in advance. The customer will be informed of this fact during the consultation, at the latest when the order confirmation is submitted.
g) Engine and engine compartment washing is only carried out on aircraft or motor vehicles with perfect electrical seals; the service provider accepts no liability for failures. By placing an order for the engine or engine compartment wash, the customer confirms that the electrical system in the engine compartment of his vehicle is perfectly sealed.
h) In the case of sensitive electrical components such as e.g. B. Controls, alarm systems, car hi-fi systems, etc., the customer is obliged to report these to the service provider in advance of the work to be carried out on his vehicle and to insist on a written note, otherwise no claims for damages can be asserted.
i) When removing foils and vehicle lettering, damage to the paintwork may occur, depending on the foil to be removed, among other things. The service provider assumes no liability whatsoever for any damage that may occur.
§7 Formalities and written protection
a) Before work can begin on the customer's aircraft or motor vehicle, forms must be countersigned by the customer. These forms include the order confirmation and possibly the damage report. These serve to provide legal protection for the service provider, its employees and its customers.
b) By signing these forms, the customer confirms that they are correct and accepts these General Terms and Conditions (GTC) and, if applicable, the extraordinary agreements noted on the order confirmation.
§8 Prices/All-inclusive prices
The prices depend on the agreed and desired package or additional package of the customer. Individual offers from ACP are based on the condition of the vehicle during preliminary inspections (at the customer's request) or upon handover and before the start of cleaning of the vehicle in question.
b) Prices on information documents (price lists, etc.) from the service provider are for guidance only and may vary greatly from the actual prices depending on the case.
c) The final prices for the services to be rendered will be determined immediately before the start of the work and noted on the order confirmation.
d) The customer / client accepts these prices by signing the order confirmation or the flat-rate agreement.
e) In the case of severe weathering of the paintwork, Paint surface scratches, dirt such as animal hair / faeces, rust film, industrial dirt, tar, paint, upholstery dirt, etc., a surcharge can be claimed, regardless of the package price or any offers.
§9 Liability for items left in the vehicle
The service provider assumes no liability whatsoever for possible damage or the loss of objects that remained in the vehicle when the vehicle was handed over for care / preparation. All moveable, personal items of the client are to be removed from the vehicle. Any remaining items will be packed up and placed in the trunk of the vehicle once the care/processing has been completed.
§10 Validity of the General Terms and Conditions
a) These general terms and conditions are valid unless other agreements have been made between the business parties.
b) Agreements that deviate from the conditions listed here must be made in writing.
c) Other agreements that affect one or more parts of the terms and conditions do not affect the validity of the remaining conditions.