BEST Aviation

Terms & Conditions

§ 1

The following Terms and Conditions are valid for all services provided by BEST Aviation Services Luftfahrt GmbH (BEST Aviation Services). These Terms and Conditions supersede all previously issued Terms and Conditions.

§ 2

The Terms and Conditions are a statement of understanding between BEST Aviation Services and the client in regard to the services provided by BEST Aviation Services. These Terms and Conditions can not be modified or altered except in written form and signed by BEST Aviation Services.
It is nevertheless at BEST Aviation Services' discretion to modify or alter the Terms and Conditions at any time given. In case that this modification takes place between a clients order and the achievement of the service requested, the original Terms and Conditions which were in force at the time of placing the order by the client, shall be governing unless the modified version has been forwarded to the client and he did not object against the modifications within two weeks after having received them.

§3

All kinds of services provided by BEST Aviation Services are described in detail in the respective sections of this homepage. Even more comprehensive descriptions for certain services are available and may be obtained in written form from the company. It is imperative for all services provided by BEST Aviation Services that all requests must be made timely in order to permit BEST Aviation Services to carry out the service requested in a dependable and accurate manner. BEST Aviation Services may not be held responsible if services or parts thereof can not or could not be completed because of a late order given.

§4

BEST Aviation Services will under no circumstances be liable for any damages, including without limitations, consequential, indirect or exemplary damages out of the provision to provide services according its contracts. Further BEST Aviation Services' employees or shareholders shall not be liable to any client for any errors in judgement or any deed or omissions other than gross negligence or wilful misconduct.
BEST Aviation Services does not take any responsibility and disclaims any liability in regard to the services supplied by a third party service provider whether acting in lieu of BEST Aviation Services or not.
Neither party shall be responsible in case of unforeseen circumstances such as, but not limited to, acts of God, war, industrial actions or natural catastrophes..

§5

Claims to services already provided shall be forwarded to BEST Aviation Services within two weeks after the accomplishment of the service. Claims brought to attention at times later than that may be denied.

§6

The service fees are according to the published price lists of the individual segments or consistent with the, between BEST Aviation Services and the client, individually negotiated and in written form accepted tariffs.
Services assigned to and provided by a third party service provider shall be paid directly by the customer.
All services provided by BEST Aviation Services are payable in full after issuing of the invoice. If the customer defaults on the payment or delays payment beyond 14 days after issuing of the invoice BEST Aviation Services will charge as an interest the amount of the 12 month EURIBOR plus 4 % but at the least 8 % per annum. BEST Aviation Services may additionally charge up to 10.- € per reminding of payment.
BEST Aviation Services does not accept any claims raised by the client to be subtracted from unpaid invoices.
Whoever orders a service from BEST Aviation Services will be considered as the user of this service and in consequence as the person paying unless it is evident that he/she is acting on behalf of a company. In case this is not apparent the person ordering the service will get the invoice and be regarded as the customer.

§7

BEST Aviation Services is entitled to collect a pre-payment or deposit for selective services requested.
BEST Aviation Services may decline to provide services to clients who have already defaulted on payments.

§8

The client accepts that personal data relevant to providing the requested services may be stored by BEST Aviation Services using computer based devices. All governing laws in this regard will be respected by BEST Aviation Services.

§9

In the event that any provision of these Terms & Conditions shall become or is ineffective or invalid it shall not effect the other provisions which will remain in force and in effect. Both parties shall negotiate to agree on a substitute provision which reflects the purpose of the terms of the ineffective or invalid provision most.

§10

These Terms & Conditions shall be governed solely by the Austrian law.
Court of justice is Vienna.

Effective: March 31st 2002