17. The contract: The contract consists of the specific contractual provisions (e.g. name of the service, quantity, price, User’s billing details) contained in the e-mail confirmation (or the individual quotation) and the GTC; in case of conflict, the former shall prevail.
a. The contract establishes a case-by-case relationship of entrustment between the parties for the provision of a specific service, on the basis of which the Service Provider undertakes only to provide the specific service to the User in accordance with the legislation in force, in a professional manner and with due care. As a consequence, the Service Provider shall not be liable for the occurrence of expectations independent of the Service Provider’s performance (e.g. that the User, after having taken the video course, will successfully pass the remote pilot training exam or obtain the necessary official authorization to perform the planned UAS operation).
b. The contract covers only the service specified in the confirmation (individual quotation) and does not cover the assistance in any other official procedures related/connected to the service or the making of any statements to the authorities (e.g. the course for the acquisition of the remote pilot qualification does not include the official administration of the UAS operation).
c. Provision of information. The Service Provider does not verify the accuracy of the information provided, nor does the Service Provider verify that the User complies with the legal requirements applicable to the activity covered by the service.
d. The contract is an electronic contract, not a written contract, which is filed by the Service Provider and is accessible afterwards, the filing number of the contract is the order identification number (in case of an official administration, the unique identifier of the administration). The language of the contract is Hungarian, its temporal scope is adapted to the performance of the co-existence service. The contract shall be governed by Hungarian law and, in matters not covered by the contract, by the relevant European Union and Hungarian legislation. The Service Provider is not subject to a code of conduct.
e. The following are excluded in relation to the contract: 1. the right to challenge based on a striking disparity in value between the specific service and the price of the service (unless the User is a consumer); 2. any practice or customary practice widely known and regularly used in the parties’ previous business relationship or in the business sector concerned by the service. The contract, once concluded, supersedes any prior agreement between the User and the Service Provider (the parties) which may have been concluded on the subject of the specific contract.
f. If any provision of the Contract would be or become invalid/illegal, the invalid/illegal part shall not affect the Contract as a whole, unless the parties would not have concluded the Contract without the invalid/illegal part. In such a case, the parties shall replace the invalid/invalid part by a provision that comes closest to the legal/economic purpose of the invalid part.
g. The Service Provider reserves the right to refuse to conclude the contract if (inter alia): 1. the User is engaged or interested in a business activity identical or substantially similar to the Service; 2. the User has requested the administration of a public authority (e.g. (e.g. an ad hoc request for airspace) is contrary to law, not technically justified or not supportable, or otherwise violates the principles of flexible and equitable use of airspace; 3. is otherwise justified by the Service Provider’s own business interests and the protection of its business secrets; 4. is otherwise justified by the Service Provider’s own business interests and the protection of its business secrets.
h. The Service Provider shall be entitled to use subcontractors and intermediaries for the performance of the service.
18. Coupon redemption: the coupon redeemed when ordering a service will reduce the price of the specific service by the amount indicated on the coupon. The coupon may be obtained and redeemed under the conditions, in the form, on the platform and for the duration specified by the Service Provider. If the coupon indicates the specific service for which it is redeemable, the coupon cannot be redeemed for any other service.
a. Only one coupon can be redeemed when ordering a service and coupons cannot be combined with each other or with any other discount. A coupon may not be redeemed: 1. after the expiry date; 2. for a legal fee; 3. for cash. The coupon does not constitute a monetary claim and therefore cannot be included in the value of any claim on the part of the Service Provider.
b. The Service Provider reserves the right to 1. withdraw/redeem the coupon before its expiry date without giving any reason, or 2. cancel or refuse to redeem the coupon of a User who has violated the rules governing the acquisition/redemption of the coupon or the GTC. The Service Provider is not obliged to ensure the replacement of the coupon.
19. Gifting: In the case of gifting the service, the User may transfer the use of the service to be ordered and paid for to another person. The gift of the service is only possible for services where this option is indicated on the data sheet (order form) of the specific service. If the gift card indicates the service for which it is redeemable, the gift card cannot be redeemed for any other service.
a. The gifting User becomes a party to the contract by entering into the contract and the gifted User becomes a party to the contract by redeeming the gift card. The donor and the donee shall be subject to the provisions of the contract applicable to the extent of the use of the specific service (e.g. the provisions relating to the ordering and billing of the service shall apply to the donor, the provisions relating to the performance of the service shall apply to the donee).
b. The gift card may be redeemed up to the redemption deadline specified on the order form using the code on the gift card. The Service Provider shall replace any incorrect code within the redemption deadline, otherwise the Service Provider shall not be obliged to replace the gift card. The gift-giving User shall be liable for any use of the gift card by an unauthorised person (other than the gift recipient).
c. The gift card may not be redeemed: 1. after the expiry of the redemption period; 2. for legal fees; 3. for cash. The gift card does not constitute a monetary claim and therefore cannot be included in the value of any claim on the part of the Service Provider.
20. Termination of the contract: The contract shall automatically terminate: 1. upon completion of the ordered service (e.g. expiry of the subscription); 2. upon the termination (death) of the Service Provider or the User without legal succession; 3. upon impossibility of the contract (e.g. due to changes in legal requirements the service can no longer be provided). In other cases, the contract may be terminated by mutual agreement or by immediate termination. The User is entitled to terminate the contract at any time with immediate effect (this includes cancellation of the Account by the User and cancellation of the subscription to the subscription-based service).
a. The Service Provider may terminate the contract with immediate effect (inter alia) if:
1. the User has breached the terms of the contract (GTC);
2. the tax number of the User (not being a consumer) has been suspended/cancelled;
3. following an order to that effect by law, public authority or court.
b. Within 3 days after the termination of the contract: 1. the User shall be obliged to fulfil any outstanding payment obligations; 2. to compensate the Supplier for any damage caused by the termination, if the termination is not due to the Supplier’s breach of contract.
21. Invoicing and payment terms: a. The service and procedure fees shown on the Website are indicative, they are expressed in HUF and include domestic VAT. The service fees do not include any procedural fees. The Service Provider reserves the right to change the prices until the order confirmation (individual quotation) is sent, including in the event that the price indicated on the Website is obviously incorrect (e.g. HUF 0 or HUF 1).
b. The obligation to pay the service fee: 1. in the case of an online service, arises when the order is placed, as indicated in the order form; 2. in other cases, arises upon acceptance of the individual quotation for the specific service. The payment of the service fee is a condition for the use of the service. The service fee is deemed to be paid when it is credited to the Service Provider’s bank account. The service fee and other charges indicated on the invoice shall in all cases be credited in HUF. In the case of payment by credit card to a bank or credit account not in forint (foreign currency), the conversion from foreign currency to forint shall be carried out by the User’s card-issuing bank at the exchange rate applied by the latter, over which the Service Provider has no control.
c. The Service Provider shall be entitled to the service fee even if its procedure has not led to a result (unless it is at fault). If the contract has been terminated before the service has been provided, the Service Provider is entitled to invoice and the User is obliged to pay the part of the service fee proportional to its activity.
d. Invoicing. Any delay or failure to issue an invoice shall not constitute a waiver of the fee. The Service Provider shall be entitled to charge an administrative fee (administration fee) in the amount indicated on the Website if the User requests a paper invoice and its mailing or a billing method other than the billing software used by the Service Provider (e.g. due to data recording in the ERP system).
e. Payment methods. If the specific service has an Account, the payment method can be changed within the Account. If a payment method is selected, the card issuing bank may charge a foreign transaction fee or other charges related to the payment, which can be obtained from the card issuing bank. In the case of online payment, a paper invoice cannot be requested.
f. In the event of late payment, the User shall pay interest on the service fee at the prevailing base rate of the central bank plus 4% for each day of delay.
23.Keeping of trade secrets: The obligation of confidentiality under this Chapter shall also apply to the Service Provider if a User who is not a consumer shares his trade secret with the Service Provider. Any confidential data relating to the Service and the economic activities of the Service Provider shall be considered trade secrets (e.g. data, information, offers not known to the User or not publicly disclosed to the User). The User (including its successor in title and any other person acting on its behalf) shall be obliged to keep the trade secret provided by the Service Provider for an unlimited period of time from the moment of access. The User may not use the trade secret for any purpose other than that specified by the Service Provider, neither directly nor indirectly, and may not make it available to any unauthorised person (the public). 1. the trade secret is disclosed to a third party (e.g. public authority, accountant) for the purpose of performing the contract; 2. the disclosure of the trade secret is required by law, public authority decision or court decision; 3. the trade secret is no longer a trade secret at the time of transfer/receipt.
24.Settlement of disputes: the parties must attempt to settle any dispute arising from the contract in the first instance by amicable out-of-court settlement, for which they are given at least 30 days. The parties stipulate that the Hungarian courts shall have exclusive jurisdiction to settle the dispute by legal proceedings. In the case of copyright disputes, the parties are entitled to request an expert opinion from the Szerzői Jogi Szakértői Testület (SZJSZT) or to initiate proceedings before the Conciliation Body within the SZJSZT: in such cases, the parties shall request the competent body to treat the procedural documents as confidential, if possible.
25. The Website and online services: a. The online service can only be used from the interface provided by the Service Provider, through the application provided or offered by the Service Provider and within the framework of the contract. It is forbidden to use the online services and the Website, as well as the content transmitted through them and the software and databases that support their operation: 1. to engage in any conduct that is unlawful, infringes the rights of third parties, is contrary to morality/ good taste or otherwise violates human dignity (discriminatory), interferes with/ hinders the participation of other users, or uploads/shares such or otherwise unsolicited content (including the expression of non-professional opinions); 2. Tampering with their operation, functions or the data stored on them (e.g. 2a. recording, downloading, storing, sharing, transmitting, manipulating, circumventing, overloading, weakening, decrypting/disassembling, modelling, hacking; 2b. automated web robots, and the installation or uploading of infringing, damaging or disruptive data, code, viruses or software; 2c. data mining, data collection or data mining).
b. The information published by the Service Provider on the Website or on social media (as administrator or otherwise) in connection with the Service is for information and illustrative purposes only. Such information shall not constitute an offer to enter into a contract, a recommendation, advice or any other form of legal basis for any claim against the Service Provider. Such information shall only form part of the service if it is clearly implicit in the content and purpose of the service and the Service Provider refers to it as such. The Service Provider shall not be liable for any content that is accessible from the Site via hyperlinks.
c. Maintenance. The Service Provider shall notify the User of the reason, date and expected duration of the maintenance/repair without delay, if possible. The User may notify the Service Provider by e-mail of any error detected during the operation of the Website, who shall investigate the error report without delay and contact the User if necessary.
d. Provision of technical conditions.
e. Responsibility for the Account and login data. The User shall not disclose such identifiers used for online services to third parties. The User is responsible for the content uploaded to the Account by the User and for backing up such content. In the event of termination of the Account for any reason, the Service Provider shall be entitled to delete the data recorded in the Account without delay. Such deletion shall not entitle the User to any reduction (compensation) or compensation.
26. Limitation of liability of the Service Provider:
a. The Service Provider shall provide the specific service in accordance with the legislation in force applicable to the provision of the service and the User’s instructions, on the assumption that the data and information provided by the User are complete, true and accurate. Irrespective of whether the User suffers damage or is liable to pay costs, the Service Provider shall not be liable because (1) the applicable legislation changes after the provision of the service, or (2) the change in the applicable legislation means that the specific service can no longer be provided, or (3) the competent authority interprets the User as not being entitled, or only partially entitled, to carry out the activity covered by the specific service. The Service Provider shall not be liable if the User fails to provide the Service Provider with data or provides it inaccurately or late (including in the event that a message sent to the Service Provider is not delivered or is delivered incorrectly for reasons beyond the Service Provider’s control, e.g. due to incorrect addressing).
b. If the User’s instruction is (also) required for the performance of the specific service: the Service Provider shall not be liable if the Service Provider carries out an instruction which has been previously deemed inappropriate/unsuitable at the User’s risk and expense (or if the Service Provider terminates the contract with immediate effect instead). The Service Provider shall not be liable if it does not carry out the User’s instruction, the execution of which would be contrary to law or an official decision or would endanger the person or property of others.
c. The User uses the specific service at his own risk, legal and commercial risk and expense. The User shall be responsible for considering the technical documentation provided by the Service Provider. Information provided orally by the Service Provider and not confirmed at least by e-mail or information published on the Website is not part of the technical documentation. The technical documentation may be used only in the official procedure closely related to the specific service indicated in the confirmation (individual quotation) (e.g. risk analysis, request for official procedure and related submission). The partial or total use of the technical documentation in an official procedure with a case number other than the case number of the official procedure concerned by the specific service shall be considered as unauthorised use.
d. The User is responsible for ensuring compliance with the requirements applicable to the activity (e.g. the specific UAS operation) he wishes to perform. The Service Provider shall not be liable if the User does not perform the activity covered by the specific service in accordance with the applicable laws and regulations (e.g. violation of flight rules, causing an accident or damage, unauthorised data recording, failure to report data). The Service Provider shall not be liable if 1. the official procedure is delayed (e.g. suspended, interrupted) for reasons beyond the control of the Service Provider and the User suffers damage as a result (e.g. loss of profit, indirect/insured loss), or 2. the User does not obtain the business benefit expected by the User in relation to a third party as a result of the provision of the specific service.
e. Time-limited service: if the use of a specific service is time-limited (e.g. subscription period), the User is responsible for using the specific service within the time limit. Upon completion of the service (termination of the contract), the User is not entitled to continue using the service even if the time limit has expired without the User having used the service (e.g. not watching the video course or not using the Aerial Map Finder PRO). In such cases, the User is not entitled to any reduction (compensation) or compensation.
27. The Service Provider shall not be liable if, in the course of using the Website or a specific online service:
a. The User has limited, defective or no access to the online service (among others) for the following reasons: 1. the User does not provide the necessary conditions for access; 2. the User is unable to access the online service for reasons related to the Service Provider’s utility, internet, e-mail or other service provider (e.g. video call application provider) (e.g. fluctuating data transmission, restrictions due to data traffic or location, restrictions on the use of software licensed from third parties); or 3. due to maintenance (bug-fixing) of the Website; or 4. due to the occurrence of an unforeseeable and unavoidable event outside the Service Provider’s control (e.g. a cyber-attack against the Website that exceeds the expected security protection);
b. the User suffers loss of data or other harm/damage (e.g. Account data falls into unauthorised hands);
c. the User’s utility, internet, e-mail or other service provider (e.g. video call application provider) charges the User a fee or cost for any reason; the service provider can provide information about such possible fees or costs.
28. Protection of the Service Provider’s intellectual property:
a. The User shall respect all the Service Provider’s intellectual property rights and shall not make any claim in respect of such intellectual property.
b. For the purposes of these GTC, „intellectual property” means any work to which the Service Provider is entitled and which is protected by copyright (or industrial property rights), irrespective of the medium on which it is contained and whether or not the legal protection is actually enjoyed by the Service Provider. Such intellectual property includes, for example: 1. professional documentation prepared by the Service Provider in the course of administrative procedures (e.g. offers, advice, risk analysis); 2. content published in the course of online services (e.g. video courses, questionnaires/tests, templates, diagrams, animations, videos, articles, informative material); 3. proprietary software and databases (Airspace search map) that are part of or support the operation of the online services; 4. the Website as a whole, as well as text (e.g. descriptions, summaries, reviews, blog posts), images, graphics, animations, videos, etc. displayed or shared on the Website or on social media; 5. the Service Provider’s trademarks (e.g. logo, slogan).
c. Licence: by concluding the contract, the User acquires a licence to use the intellectual property concerned by the specific service, which is 1. non-exclusive, non-transferable, non-sublicensable; 2. valid for the territory of Hungary and until the date of performance of the service; 3. limited to the use and extent of the specific service. Any other use not covered by the licence is subject to the prior express permission of the Service Provider. Nothing in the GTC shall be construed as conferring on the User any right to all or part of the intellectual property rights of the Service Provider, whether temporary or permanent. Unless otherwise agreed, the consideration for the licence is included in the service fee.
d. Unauthorised use: any unauthorised use of intellectual property is strictly prohibited and will result in immediate legal action (e.g. immediate termination of the contract, action for damages, filing a criminal complaint). Any use without a licence or in excess of the licence automatically constitutes an unauthorised use of the Service Provider’s intellectual property (e.g. 1. copying, modification, adaptation, extraction, reproduction, distribution, transmission to third parties or to the public, exploitation – or attempts to do so; 2. creating a new product/service, developing or extending an existing product/service, or exploiting such product/service using the intellectual property; 3. other misuse).
e. Reference. The User shall clearly distinguish himself/herself from the Service Provider when communicating with others in private, on social media or in public.
29. Warranty and compensation for damages: subject to the limitation of liability provisions of the GTC, the Service Provider shall be liable for damages if it is at fault in connection with the provision of a specific service (e.g. the online service is unavailable for at least 5 days continuously due to a fault of the Service Provider). In such a case, the User may only request a proportional reduction of the service fee. The User shall not be entitled to a proportional reduction of the service fee or to compensation: 1. during the period of free use of the online service, or 2. if the Service Provider has excluded its liability in connection with the fault, or 3. if the fault is attributable to the User (e.g. the online service is not used as intended). The maximum liability of the Service Provider for compensation shall be the fee for the specific service (excluding cases of intentional damage).
30. Violation of the terms and conditions of the contract for a specific service (including these GTC), the Service Provider is entitled – after warning the User once – to exclude the User from the online service (e.g. from the Account) or to restrict (suspend) the User’s participation if the User does not cease the violation of the terms and conditions despite the warning. The exclusion or suspension lasts until the case is investigated, but for a maximum of 72 hours, during which time the User is not entitled to a reduction (compensation) or compensation. In the event of repeated exclusion or suspension, the Service Provider shall be entitled to terminate the contract with immediate effect.