General Terms and Conditions TEMPORARY DESIGNATED AIRSPACE APPLICATIONS AND ASSISTANCE

General Terms and Conditions
Légtér.hu LTD.
Effective from 12 July 2022.

Introduction

Important information:
  • Please email us at legter@legter.hu with any questions or requests for paper invoices before ordering the service.
  • The Service Provider will issue an electronic invoice for your service, if you issue/mail a paper invoice or use another billing method, the Service Provider will charge an administration fee!
  • Légtér.hu Kft. (Service Provider) is not a public authority, does not conduct any official procedure (e.g. licensing of UAS operations) and does not act as an intermediary or as a forum for legal remedies towards the public authority.
  • The Website is not an authority (administration) platform and has no connection with the online interfaces of aviation authorities.The online services provided by the Service Provider do not constitute an official, public authority service.
  • The Service Provider does not provide the examinations required for remote pilot certification and does not provide adult education.
  • By accepting the GTC, the User 1. declares that he/she has read, understood and accepts to be bound by the GTC and that the information provided by him/her is accurate and not limited in concluding a contract for the specific service; and 2. agrees to the issuance of an electronic invoice by the Service Provider for the specific service.
  • These GTC apply to the services provided by the Service Provider through the Website. The Service Provider reserves the right to unilaterally amend these GTC.

A. THE PROVIDER'S DETAILS

  • company name: Légtér.hu Tanácsadó Korlátolt Felelősségű Társaság;
  • Registered office/postal address and place of complaint: 1112 Budapest, Kőérberki út 36/A.;
  • Company registration number: Cg. 01-09-272264;
  • registered at the Commercial Court of the Metropolitan Court of Budapest (1051 Budapest, Nádor u. 28; postal address: 1363 Pf. 17; main telephone number: +36 1 354 4800; e-mail address: ft.cegbirosag@birosag.hu);
  • Tax number: 25387959-2-43;
  • statistical number: 25387959-7112-113-01;
  • website: https://legter.hu/
  • e-mail address: legter@legter.hu;
  • telephone number: +36704505960
  • Details of the hosting provider:
    • company name: Tárhely.Eu Szolgáltató Korlátolt Felelősségű Társaság;
    • Registered office: 1144 Budapest, Ormánság street 4, X. floor 241;
    • e-mail address: support@tarhely.eu

     

B. ABBREVATIONS

1. User: a person (contracting with the Service Provider) who orders and uses the Service Provider’s services.

2. account: a user account created on the Website for the purpose of using the online service and by registration.

3. Website: https://legter.hu/ and its sub-sites (e.g. oktatas.legter.hu, terkep.legter.hu) operated by the Service Provider.

4. online service: a digital service available and used via the Website (e.g. video courses, airspace search map, Airspace Club subscription or professional consultation via video call).

5. UAS: unmanned aircraft and remotely piloted equipment. UAS operation: an aeronautical activity performed with a UAS.

6. the term ‘inaccurate’ shall be understood to include the following terms: not true, incomplete, incorrect, erroneous, uninterpretable, etc. the term ‘accurate’ shall be understood to include the following terms: true, complete, error-free, interpretable, etc. the term ‘days’ shall be understood to include calendar days.

C.TEMPORARY DESIGNATED AIRSPACE APPLICATIONS AND ASSISTANCE IN ADMINISTRATIVE PROCEDURES

7. The Service: In case of ordering the Service, the Service Provider undertakes to fully manage the User’s request for temporary designated airspace and to obtain official authorization for the UAS operation indicated by the User. The complete administration includes: the preparation of the application and its annexes, the preparation of the other necessary technical documentation, the submission of the same to the competent authority, the payment of the procedural fees on behalf of the User and the completion of any necessary corrections. Details of the specific service related to the administration of the public authority can be found on the Website. The term „competent authority” shall be understood to mean the aviation authority, the military aviation authority (including the technical authority and other competent authorities involved in the case) and the competent air traffic service provider, as appropriate, in relation to the specific service. The term ‘administrative procedure’ shall be understood to mean the administrative procedure before the public authority and the procedure before the air traffic service provider, as appropriate, in relation to the specific service.

8. The form will warn you of fields that are mandatory or that have not been filled in correctly. Inaccurate data and the service selected can be modified before the order is sent. On the basis of the form received, the Service Provider will provide the User with an individual quotation. The contract for a specific service is concluded on the date on which the User accepts the individual quotation together with these GTC. The individual quotation and the provisions of the GTC relating to the specific service shall together constitute the contract.

9. Performance of the Service:  the date of performance of the contract is the date on which the Service Provider submits to the competent authority the application for a temporary designated airspace request or the application for an official authorisation for a UAS operation (or, in the case of a deficiency, the deficiency certificate). If the User terminates the contract before the application has been submitted, the Service Provider shall provide the User with the documentation already prepared, but shall not be liable for its content.

10. Procedural fees: the procedural fees incurred in the course of the official procedure are invoiced to the User as an indirect service, with VAT at the rate applicable under the legislation in force. The Service Provider shall not be obliged to advance the procedural fees. The Service Provider shall not be liable for any additional procedural charges incurred during the official procedure in comparison with the amount previously indicated or estimated by the Service Provider, or if the official procedure is terminated due to non-payment of such charges. The User shall pay the procedural fees already incurred and paid by the Service Provider even if the contract has been terminated in the meantime. The term „procedural charges” shall be understood to mean all costs incurred in connection with the specific service which are not service charges payable to the Service Provider (e.g. fees, administrative service charges, fees for the provision of services by the competent authorities, air traffic service charges, legal representation fees, copying, travel and postal charges).

11.Billing and payment terms:The service fee and other charges indicated on the invoice shall be paid by bank transfer to the Service Provider’s bank account indicated on the invoice within the time limit indicated on the invoice. The order reference number must be indicated in the transfer notice.

12. Authorisation. The Service Provider may give the User a power of attorney to authorise the Service Provider to act within the scope of the power of attorney, in accordance with the specific service, the applicable legislation and the User’s instructions. Within this framework, the Service Provider shall be entitled to make any statements necessary for the proper performance of the contract (e.g. completion of a deficiency report, receipt of a decision of the authority, payment of a procedural fee) without the prior consent of the User. The Service Provider shall specifically request the prior consent of the User for any statements which may have a material impact on the official procedure (e.g. withdrawal of an application, request for suspension of the official procedure, appeal). The Service Provider shall only deviate from the User’s instructions if the User’s interest so requires and if it is no longer possible to notify the User in advance.

a. If the User wishes to make a statement in the official procedure in person or through another representative, he must inform the Service Provider at least 5 days before making the statement and indicate the subject matter in which the Service Provider may still make a statement on behalf of the User in the official procedure (i.e. he may not make a statement in any other subject matter).

b. Limitation of liability: the Service Provider shall not be liable if 1. the User wishes to act in person (or through another representative) but fails to indicate, inaccurately, belatedly or not at all, the subject matter within the Service on which the Service Provider may continue to make a statement before the authority (such case shall be deemed to be a complete revocation of the User’s authorisation to act for the Service); 2. the User is required to act in person (or through another representative) and does not make a statement, does not pay the costs of the proceedings or otherwise commits a default which the Service Provider is unable or under no obligation to remedy within the limits of the specific service (contract) and the authorisation; 3. the User makes a statement other than a statement made by the Service Provider in person (or through another representative).

c. The authorization may be revoked at any time: the Service Provider shall notify the competent authority of the fact of revocation and shall thereafter no longer represent the User in the specific official procedure. The authorisation shall be deemed to be automatically revoked if the contract is terminated in the course of the official procedure or if the competent authority refuses to allow the Service Provider to act as an authorised representative. Following notification of such circumstances, it shall be the responsibility of the User to act in the official procedure in person or through another representative.

D. PROFESSIONAL CONSULTATIONS AND ADVICE

13.The service: if the service is ordered, the Service Provider shall provide the User with oral (video call) or written professional advice on the UAS operation indicated by the User.

14. Ordering the service: You can order the service by filling in the request form on the Website and clicking on the „send” button at the bottom of the form. The form will warn you of fields that are mandatory or that have not been filled in correctly. Inaccurate data and the service selected can be modified before the order is sent. On the basis of the form received, the Service Provider will provide the User with an individual quotation. The contract for a specific service is concluded on the date on which the User accepts the individual quotation together with these GTC. The individual quotation and the provisions of the GTC relating to the specific service shall together constitute the contract.

15. Date of performance of the service: the date of performance of the contract is the date of completion of the professional consultancy or the date of delivery of the professional documentation. The consultation provided by video call may be recorded only with the prior authorisation of the Service Provider.

16. Billing and payment terms: the Service Provider charges the service fee according to the terms of the individual quotation, otherwise for every 30 minutes started, and issues the invoice for the service fee after the end of the professional consultation. The service fee and the other charges indicated on the invoice shall be paid by bank transfer to the Service Provider’s bank account number indicated on the invoice within the time limit indicated on the invoice. The order identification number must be indicated in the transfer notice.

E. THE COMMON PROVISIONS FOR SERVICES

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.

 

F. CONSUMER PROTECTION RULES

31. This Chapter shall only apply if the User is a consumer, i.e. a natural person wishing to perform UAS operations for leisure purposes only (not related to commercial use and not for the performance of a task of a public authority) (see Act XCVII of 1995 on Air Transport, § 71, point 56). In the event of a discrepancy between this Chapter and the other provisions of the GTC, this Chapter shall prevail. This chapter is based on the model information sheet of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses.

32.Complaint handling:The User may contact the Service Provider’s customer service with any questions or complaints related to the Service by phone, in writing or by e-mail using the contact details indicated at the beginning of the GTC. A „complaint” is a notification by the consumer that the service provided by the Service Provider or the Service Provider’s actions in relation to it do not comply with the applicable legal provisions or the terms of the contract (e.g. a comment or objection relating to quality or billing). The complaint may be made verbally by telephone, by post or by e-mail to the Service Provider using the contact details indicated at the beginning of the GTC. The complaint will be registered by the Service Provider under a unique identification number.

a. Complaint made by telephone. The Service Provider shall record the complaint in a report, which shall include the name and address of the User, the time and manner of the complaint, a detailed description of the complaint and supporting documents (or reference to them), the Service Provider’s position on the complaint (if the Service Provider is able to investigate the complaint immediately), the signature of the employee who recorded the report, the date of the report and the unique identification number of the complaint.

b. Complaints made by e-mail or in writing: complaints made by e-mail or in writing will be investigated and answered in writing by the Service Provider within 30 days of receipt. If the Service Provider upholds the complaint in whole or in part, it shall take the necessary measures to remedy the complaint at the same time as it replies. If the Service Provider rejects the complaint in whole or in part, it shall inform the User in its reasoned reply of the reasons for the rejection and of the other means of redress available to the User (recourse to a conciliation body, initiation of proceedings before a consumer protection authority, initiation of legal proceedings).

c. Conciliation body. The conciliation procedure is a quick, free and simple out-of-court dispute resolution procedure, in which the Service Provider has a duty of cooperation, i.e. it is obliged to participate. Further information on the conciliation procedure can be found at [fogyasztovedelem.kormany.hu]. The contact details of the conciliation body where the Service Provider is established are Budapest Conciliation Board (postal address: 1253 Budapest, PO Box 10; e-mail: bekelteto.testulet@bkik.hu; telephone: +36-1-488-21-31; website: https://bekeltet.bkik.hu/).

d. Online dispute resolution platform. For more information about the procedure, please visit [fogyasztovedelem.kormany.hu].

 

33. Information on the warranty of accessories:

a. In which cases can the User exercise his right to a warranty? What is the right of the User to claim a warranty claim against the Service Provider?

b. What are the rights of the User under a warranty claim? The User may only claim a reduction of the service fee in proportion to the extent of the defect. The rights of „repair”, „replacement” and „withdrawal” under the Civil Code cannot be interpreted in the light of the nature of the service, and therefore these rights cannot be exercised.

c. What is the time limit for the User to exercise his/her warranty rights? The User is obliged to notify the Service Provider of a defect in the service immediately upon discovery of the defect, but no later than 2 months after discovery of the defect. After the 2-year limitation period from the date of performance of the contract, the User may no longer assert a claim for a warranty claim.

d. Against whom can the User assert a warranty claim? Against the Service Provider.

e. What are the other conditions for the right to claim a warranty claim? There are no other conditions for claiming the right to claim for the provision of the service within 6 months from the date of performance of the contract, other than the notification of the defect, if the User proves that the service was provided to him by the Service Provider. However, after 6 months from the date of performance of the contract, the User shall prove not only the existence of the defect but also that the defect discovered by the User existed at the time of performance of the contract.

34. Information on the right of termination:

a. Right of termination. The Service Provider shall confirm receipt of the notice of termination to the User by e-mail without delay.

b. Model notice of termination: If the User wishes to terminate the contract, he must send a clear notice of his intention to terminate to the Service Provider (by post to the Service Provider’s postal address or by e-mail to his e-mail address; telephone +36704505960).

 

In case of a paper declaration:

To: Légtér.hu Kft. (1112 Budapest, Kőérberki út 36/A.)

I, the undersigned, declare that I hereby exercise my right to terminate the contract for the provision of the following services:

Name/identifier of the service: [based on the service confirmation]

Contract date: [date of receipt of confirmation from service provider]

Name of user:

User’s address:

User’s signature:

Date:

For declarations sent by e-mail:

To: Légtér.hu Kft. (legter@legter.hu)

I, the undersigned, declare that I hereby exercise my right to terminate the contract for the provision of the following service:

Name/identifier of the service: [based on confirmation from the service provider]

Contract date: [date of receipt of confirmation from service provider]

Name of user:

User’s address:

 

c. Waiver of the right to terminate the contract: The User may not exercise the right to terminate the contract if the User has expressly requested the Service Provider to start the performance of the service (contract) before the expiry of the notice period and has acknowledged that he/she will lose the right to terminate the contract once the performance of the contract has started.

d. Legal effect of termination: if the User has expressly requested the Service Provider to start the performance of the service (contract) before the expiry of the notice period without waiving his right to terminate the contract, in case of termination, the User shall reimburse the Service Provider for the proportionate service fees and costs incurred up to the date of termination of the contract (until the date of receipt of the notice of termination). The Service Provider shall reimburse the part of the service fee paid by the User that exceeds the value of the service provided by the Service Provider.

 

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