Terms & Conditions

General Terms and Conditions for Deliveries and Services of Rheinland Air Service GmbH

 Date: February 2026- rev 01

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 Section 1 – Definitions

1. “Consumer” means any natural person who enters into a contract for purposes that cannot be attributed primarily to that person’s trade, business or independent professional activity.
2. “Business Entity” means any natural person, legal person, or partnership with legal capacity who, when entering into a contract, acts in the course of trade, business, or independent professional activity.
3. “Customers” may be Consumers or Business Entities.

Section 2 – Scope of Application

1. These General Terms and Conditions for Deliveries and Services (“GTC”) govern the contractual relationship between the Customer and Rheinland Air Service GmbH (“RAS”) or a company affiliated with it within the meaning of Section 15 of the German Stock Corporation Act (Aktiengesetz, AktG). They apply in their current version. The provision of goods and services and all work carried out on aircraft, equipment or components thereof are covered. Deviating or supplementary General Terms and Conditions of the Customer shall not apply, even if we do not expressly object to them.
2. These Conditions apply for all future business relations with the Customer, even if they are not expressly agreed again.
3. The Customer is not authorised to assign its rights and obligations without the prior written consent of RAS. Section 354a of the German Commercial Code (Handelsgesetzbuch, HGB) remains hereby unaffected.
4. The Customer is not authorised to dispose of the items subject to our retention of title without our prior written consent, unless this is part of the Customer’s normal business activities. If the Customer sells the item that is subject to retention of title, it hereby assigns to us all claims in the amount of the final invoice amount (including VAT) accruing to it from the resale against its purchasers or third parties, regardless of whether the item that is subject to retention of title is resold without processing or after processing. The right to resell shall not apply if an effective prohibition of assignment pursuant to Section 399 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) exists in the relationship between the Customer and its own customers. In all other respects, Section 354a HGB shall apply.

Section 3 – Offers and Estimates

As a general rule, our offers and cost estimates are non-binding and subject to change. Unless otherwise agreed in individual cases, they constitute an invitation to the Customer to submit an offer by placing an order or awarding a contract. Acceptance of such offer by us shall take place by express confirmation or performance of the delivery or service.

Section 4 – Scope of Work

1. Each order entitles RAS, without additional, separate consent from the Customer, to carry out or have carried out all work necessary for the proper inspection and performance of the commissioned services, with the exception of test flights.
2. Test flights (if required) shall be carried out by the authorised Customer crew and/or their authorised representatives. All associated costs (fuel, landing and overflight fees, pre-flight checks, etc.) shall be borne by the Customer.
3. Unless otherwise agreed in writing with the Customer, our services do not, as a general rule, include the update of operational flight documentation (AFM, POH, WBM or computer-based maintenance tracking systems).
4. Work to remedy defects that is required for the issuance of a Certificate of Release to Service, as well as issuance of the RTS itself, is performed in accordance with RAS quality assurance procedures approved by the competent authority.
5. RAS is entitled to subcontract part of the work commissioned by the Customer to an approved and authorised third-party organisation.
6. Spare parts, materials and their certificates provided by the Customer must comply with the aviation standards and regulations applicable at the time of delivery and shall only be accepted upon presentation of the original certificates. We are entitled to order the spare parts and materials required for repair and maintenance work on behalf of the Customer. In such case, we shall charge our actual expenses and the costs incurred, in particular taxes, customs and import duties.

Section 5 – Prices

1. Prices are quoted “EXW Incoterms (2020)” and are based on aircraft in standard configuration and average condition, without consideration or verification of the individual maintenance or repair history of the subject of the order. If it only becomes apparent during the execution of the order that the subject of the order deviates from the standard design and additional services are required and provided as a result, an additional fee shall be charged for such services. The same applies if additional work becomes necessary due to the specific configuration of the aircraft, the unavailability of documents and drawings and in the event of corrosion or other defects. An additional fee shall also be charged for services not listed in the price list or in the offer.
2. Increases in prices for subcontractor services and spare parts, exchange rate fluctuations and rising customs duties, taxes or other levies that increase the costs for RAS shall be borne by the Customer, provided that they occur after order confirmation.
3. The prices do not include taxes, customs duties and transaction-specific regulatory fees. The Customer is obliged to pay, indemnify and hold RAS harmless from and against such taxes, duties and fees, except for taxes levied directly by the government of the registered place of business of the contracting RAS facility on the net income, capital or net assets of RAS. The parties shall co-operate to comply with all tax regulations and provide each other with all certificates, documents and support necessary to comply with applicable tax laws and regulations worldwide.
4. All payments to be made by the Customer to RAS are subject to value added tax (VAT) if required by the applicable legal provisions. The Customer shall pay this VAT in addition to the other payments due to RAS and at the same time as these. RAS shall be entitled to request additional information to determine the correct VAT treatment of its services in accordance with applicable VAT legislation. This information may include, but is not limited to, the status of the flight, aircraft and/or passengers (e.g. commercial, business or private use, foreign aircraft registration numbers, AOC or similar certificates, international or domestic transport).
5. If VAT has not been charged and it subsequently emerges that VAT should have been charged, we shall be entitled to reclaim the VAT from the Customer. The claim for subsequent recovery shall become time-barred six months after we obtained positive knowledge of our entitlement to subsequent recovery, but in any event no earlier than three years after the end of the year in which the relevant delivery or service was provided by us.
6. If the Customer provides RAS with components that are required for the maintenance work by RAS, RAS is entitled to charge a contractually agreed Handling Fee plus the applicable taxes and any other expenses. If no contractual agreement is made in this regard, a ten per cent (10%) Handling Fee shall be charged based on the current list price of the corresponding component or part, with a minimum charge of €150 per spare part.
7. RAS may, where applicable and necessary, procure components on behalf of the Customer through the Customer’s OEM spare parts programmes; the associated costs (including applicable taxes) shall be charged to the OEM or the Customer in accordance with the terms and conditions of the programme.
8. RAS shall not be liable for any guarantee or warranty claims for materials provided by the Customer. Should RAS incur expenses in this regard (testing/removal/packing/shipping/administration), such services shall be charged to the Customer on a time and material basis.
9. Unless otherwise agreed, if the Customer delivers parts, assemblies, fittings, personal belongings or removable equipment to RAS more than fourteen (14) days prior to the scheduled aircraft intake date, standard storage fees shall apply.

Section 6 – Terms of Payment

1. RAS is entitled to request reasonable advance payment before commencing work. In addition, partial payments may be requested in the amount of the value of the services rendered and owed. This also applies to additional services that become necessary in the course of executing the order. The Customer shall not be entitled to interest on any advance payments made, regardless of the time of payment. Payments, including advance payments, are due as scheduled, even if the Customer postpones the delivery date.
2. The Customer guarantees that all costs, expenses and applicable taxes incurred in connection with order fulfilment will be paid without deductions on the due dates specified in the invoice or within the specified payment period. If no due date or payment deadline is specified in the invoice, the Customer undertakes to pay within thirty (30) days of the invoice date in all cases.
   If RAS performs work at a location other than its own facility, the Customer shall reimburse RAS for all costs, taxes and expenses incurred or to be incurred as a result. These include, but are not limited to, travel expenses, car rental fees, food and accommodation costs, as well as fees for travel time and daily allowances, transport costs, customs duties, processing fees, levies, taxes, fees and material costs.
3. The Customer is not entitled to offset counterclaims unless the counterclaims have been recognised by RAS or have been legally established. If the Customer disputes an invoice in good faith, it must inform RAS in writing of the disputed portion within ten (10) days of receipt of the invoice and pay the undisputed portion on time. If this condition is not met, the invoice shall be deemed to have been accepted by the Customer.
4. In the event of late payment, RAS reserves the right to charge statutory default interest and to withhold delivery or performance until full payment has been made.
   a) For Consumers: In accordance with Section 288 BGB, the default rate of interest is 5 (five) percentage points above the applicable basic rate of interest.
   b) For Business Entities: in accordance with Section 288 BGB, for transactions between Business Entities, the default rate of interest is 9 (nine) percentage points above the applicable basic rate of interest.
5. Payments shall only be deemed to have been made when the amount has been credited to the relevant bank account of Rheinland Air Service GmbH. Unless otherwise agreed, payments are due immediately upon receipt of the invoice without deduction.
6. In the event of late payment, RAS may suspend work. The Customer receives a notification of the interruption of work. An email shall constitute valid notification. All additional costs incurred as a result (including, but not limited to, parking fees) shall be charged to the Customer. If the Customer does not remedy the default of payment within two (2) weeks of notification, RAS may terminate the Agreement and remove the aircraft from the hangar/tarmac area at the Customer’s expense and sole risk. In this case, RAS assumes no responsibility for the preservation of the aircraft and shall be released from any duty of care.
7. In the event of the expiry or termination of the Agreement due to late payment by the Customer or for any other reason for one or all aircraft covered by this Agreement, the Customer shall remain responsible for all work and services performed by RAS up to the date of expiry or termination of the Agreement. This includes, but is not limited to:
   (i) any outstanding claims of RAS,
   (ii) work and services performed by RAS and not yet invoiced,
   (iii) fees for rejected warranty or GPMP coverage for work and services,
   (iv) additional costs for third-party services commissioned by RAS, and
   (v) additional charges for uncovered repairs or overhauls in connection with exchange transactions
   (vi) This responsibility shall remain in force indefinitely for a specific aircraft, even if the Customer has informed RAS of an impending or completed change of ownership of the aircraft, a change of operator, a change of registration or a decommissioning.

Section 7 – Work Deadlines, Delivery Delays, Additional Costs

1. Delivery times/dates for deliveries and services (“Delivery Deadlines”) quoted by us are always approximate, unless a fixed Delivery Deadline has been expressly guaranteed or individually agreed. The slot in the selected RAS maintenance facility shall be reserved with the deposit in accordance with the terms of the offer.
2. Delivery delays and exclusion of liability
   RAS shall not be liable for delays or non-performance of deliveries and services if these are due to circumstances for which RAS is not responsible. Non-culpable delays include, in particular, the following events:
   (i) cases of force majeure, such as war (whether declared or not), armed conflict, riot, insurrection, civil disobedience, sabotage, acts of terrorism or the threat thereof, where such threat can reasonably be regarded as a potential danger to persons or property;
   (ii) governmental action, including delays or refusals in the granting of permits, export or import licences, their suspension or revocation and other administrative acts that affect the performance of the contract; and
   (iii) strikes, lockouts or other industrial action;
   (iv) transport delays, blockades, supply failures, difficulties or impossibility in procuring materials, components or services;
   (v) natural events such as lightning strikes, earthquake, flood, storm, drought, marine hazards or extreme weather conditions;
   (vi) fire, explosion, operational disruptions (unless caused by RAS), theft, malicious damage, acts of a public enemy;
   (vii) epidemics, pandemics, quarantine requirements or similar medical crises;
   (viii) other comparable causes
3. In such cases, RAS shall promptly inform the Customer of the disruption and take appropriate measures to minimise the duration and impact of the event.
4. Consequences for Delivery Deadlines:
   Delivery Deadlines shall be extended by a reasonable period if:
   (i) the originally agreed scope of the order is subsequently increased;
   (ii) an event in the sense of a non-culpable delay occurs;
   (iii) RAS is not supplied on time or not supplied properly by the Customer or a supplier;
5. Obligations of the Customer and cooperation requirements
   Compliance with agreed deadlines requires the Customer to fulfil all contractual obligations on its part in a timely manner. This includes, in particular:
   – the timely handover of the subject of the order, including keys, aircraft documents, etc.,
   – the provision of all necessary approvals, approvals, licences, clearances and permits,
   – the timely transmission of technical information and clarification of any open technical questions,
   – the payment of any agreed advance payments to RAS,
   – and the timely handover of agreed spare parts or materials.
   If a cooperation obligation is not fulfilled in a timely manner, this may result in an adjustment of Delivery Deadlines or a temporary interruption of work.
6. Unless otherwise agreed, if the Customer cancels the slot and/or the scope of work less than two months before the start of work, the Customer shall be obliged to pay RAS a cancellation fee of five per cent (5%) of the total estimated amount for the project within ten (10) days of receiving the cancellation notice. The cancellation fee shall be ten percent (10%) five days before the start of work and 15% within 24 hours prior to the start of work.
7. In addition, RAS reserves the right to charge the Customer for additional costs and the Customer agrees to pay all restocking fees incurred and costs for materials and components ordered to support the project, as well as labour, planning or other direct costs associated with project preparation.
8. The Customer shall also bear additional costs if spare parts for the aircraft or ground service equipment or parts thereof have to be supplied by a third party and delays occur and the purchase of the parts from a different source is not reasonable or possible.

Section 8 – Exchange and Loan Parts

1. Exchange Agreement: Unless otherwise agreed, if exchange parts are delivered to the Customer, the Customer must return the removed old parts to RAS within ten (10) days of receipt of the exchange parts. The cost of the exchange shall be determined in advance by RAS.
2. If the repair/overhaul costs of the old part (Core) returned by the Customer exceed the costs of the exchange, the Customer shall be charged the difference. If the Customer for any reason returns a part supplied by RAS and it is unused, the part shall only be accepted if it is in its original and certified condition upon arrival at RAS. In addition, the Customer shall be charged a restocking and recertification fee based on the current list price of the part or the fees charged to RAS by a supplier or OEM (whichever amount is higher).
3. If a returned part is defective or deemed to be defective, the Customer shall bear the costs for repair and reclassification. If the part cannot be repaired, the Customer shall be charged for the cost of the purchase of an equivalent part.
4. Loan Agreement: Unless otherwise agreed, parts / components or materials provided by RAS as Loan Parts (Loan Components) must be returned to RAS with an EASA Form 1 or a Dual Release Certificate that includes EASA certification.
   The provisions of the standard RAS Loan Agreement apply to loaned parts even if no such agreement has been expressly concluded. Loaned parts must always be returned in usable condition. If this is not the case, the Customer shall be charged the cost of repair and reclassification or – if repair is not economically viable – the cost for the replacement of the loaned part.

Section 9 – Delivery and Return Delivery

1. The Customer shall, at its own risk and expense, deliver the aircraft, part or equipment to be repaired or maintained (hereinafter referred to as the “Subject of the Order”) in accordance with DDP
2. (Incoterms 2020) to the RAS facility where the repair or maintenance services are to be carried out, on the agreed delivery date. The corresponding time frame shall be reserved with the deposit in accordance with the terms of the offer.
3. Upon delivery of the Subject of the Order to the RAS facility, an authorised representative of RAS shall conduct a preliminary inspection and confirm the acceptance of the Subject of the Order and its condition at the time of delivery.
4. If the actual delivery date of the Subject of the Order differs from the agreed delivery date, the Customer shall bear all costs incurred as a result. If the actual delivery occurs after the agreed date, RAS may postpone the scheduled return date by a reasonable number of days in relation to the impact of this delay on planning, production, scheduling and capacity for RAS.
5. The costs for delivery of the Subject of the Order to a place other than the place of performance shall be borne by the Customer.
6. The Subject of the Order shall be returned by RAS in accordance with Ex Works (Incoterms 2020 EXW) to the RAS facility where the repair or maintenance services were performed. The shipment of the Subject of the Order to the Customer, including any temporary storage during transport or at the destination, shall be at the sole risk and expense of the Customer.
7. As soon as RAS has sent the Customer written notification of the completion of the repair or maintenance work (“Release to Service”), the Customer must collect the Subject of the Order within a maximum of three (3) working days from the date of notification, or immediately if the place of performance and fulfilment is not Mönchengladbach. The work carried out shall be promptly inspected by the Customer.
8. This shall take place entirely at the risk of the Customer. After expiry of the collection period, RAS shall only be liable for damage or destruction of the Subject of the Order that is attributable to wilful or grossly negligent misconduct on the part of RAS, a legal representative or vicarious agent. Damage resulting from injury to life, limb or health is excluded from this limitation of liability. As a general rule, acceptance shall take place at the contractually agreed place of use or place of performance. Unless the parties have agreed otherwise, the Customer shall bear the costs of acceptance. If the Customer is in default of acceptance, it shall bear the costs of additional expenses.
9. The usual storage and parking costs as well as towing charges shall be incurred from the day of release.
10. If the order is delayed through the fault of the Customer and the aircraft is not in a moveable state, RAS is entitled to carry out preparations to temporarily restore the aircraft’s moveability– if possible – and to invoice the Customer accordingly. There is no obligation or assumption of liability on the part of RAS in this regard. RAS is also authorised to charge a hangar fee for storage in the hangar for the entire duration of the aircraft’s stay in RAS facilities, or to charge an apron fee on RAS premises.
11. If the Subject of the Order remains with RAS because it is not handed over to the Customer due to
    (i) an interruption of work for which the Customer is responsible,
    (ii) the termination of the contract by one of the parties; or
    (iii) the expiry of the period specified in Clause 9(6), so that the aircraft remains parked with RAS, it shall be the sole responsibility of the Customer to define preventive or maintenance measures and to formally commission these from RAS. These measures are intended to ensure that the airworthiness and operational readiness of the aircraft are maintained during the extended period of inactivity.
12. If the Customer is late with the return of the aircraft, RAS hereby expressly excludes any liability for any deterioration of the aircraft during this period. The Subject of the Order is then entirely at the Customer’s responsibility and risk. RAS shall only be liable for damage to or destruction of the aircraft that is attributable to wilful or grossly negligent misconduct on the part of RAS, a legal representative or vicarious agent. Damage resulting from injury to life, limb or health is excluded.
13. The Customer is responsible for parking fees incurred during interruptions of work for which it is responsible; said fees shall be charged at the applicable rate for the RAS location in question.

Section 10 – Transfer of Ownership, Core Unit

1. If parts are replaced with spare parts during the order, the Customer must collect these parts at its own expense within 14 days of acceptance. If the Customer does not collect the parts within the aforementioned period, RAS is entitled to charge storage costs for these parts in accordance with an existing maintenance contract or – if no such contract exists – in the usual amount or to have the parts disposed of at the Customer’s expense. In this case, the Customer shall bear all costs for storage, shipping and the risk of loss or damage. The Customer undertakes to confirm acceptance of the parts in writing by means of a delivery note. Otherwise, the parts shall not be handed over to the Customer. The delivery note includes the condition/usability status of the parts and serves to prevent the recirculation of non-airworthy spare parts (SUPs).
2. Upon completion of the exchange, ownership of the Core Unit handed over by the Customer is transferred to RAS.
3. If a Core Unit that is handed over is classified as BER (Beyond Economical Repair), the Customer shall be obliged to
   a) pay the previously established Core Value within a deadline set by RAS. In this case, the Customer may request the return of the original Core Unit at its own expense,
   or
   b) subject to RAS’s prior explicit written approval, deliver an alternative, repairable Core Unit within a deadline set by RAS. Such alternative Core Unit shall be evaluated separately. The Customer shall have no entitlement to the granting of such approval.
4. If neither a subsequent delivery nor payment of the Core Value is made within the deadline set for the Customer, RAS is authorised to invoice the Customer for the specified Core Value.
5. If the Customer is a Consumer, we reserve title to all delivery items, accessories and spare parts, as well as exchange units, until payment has been made for the items delivered or exchanged.
6. If the Customer is a Business Entity, the following shall apply:
   we reserve title to all delivery items, accessories and spare parts as well as exchange units until all claims arising from the business relationship have been paid in full. If title to any parts provided by us is lost as a result of their incorporation, mixing, or processing, we shall acquire co-ownership of the item with which such parts have been incorporated, mixed, or processed, in proportion to their value, as a silent co-owner, free from liability and obligations.
7. The Customer shall maintain the delivery item in the best possible condition for the duration of our retention of title and shall have any necessary repairs carried out promptly by us or in a hangar authorised by us at its own expense. We shall be entitled to inspect the goods that are subject to retention of title at any time.
8. The Customer shall not be entitled to dispose of the items owned by us or subject to our retention of title without our prior written consent. This shall also apply to items loaned or rented by RAS and made available to the Customer. If the Customer sells the item, it hereby assigns to us all claims in the amount of the final invoice amount (including VAT) accruing to it from the resale against its purchasers or third parties, regardless of whether the item is resold without processing or after processing. Consent to resale is excluded if there is a valid prohibition of assignment pursuant to Section 399 BGB in the relationship between the Customer and its own customers. In all other respects, Section 354a HGB shall apply.
9. The Customer shall continue to be entitled to collect the assigned receivables even after said assignment. Our power to collect the claims remains unaffected thereby. However, we undertake not to collect the receivables, so long as the Customer continues to meet its payment obligations, is not in arrears with payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.
10. The employees and authorised representatives of RAS are at all times entitled to enter the premises, buildings, vehicles or aircraft of the Customer where RAS goods or parts are or are believed to be located. If the goods or parts have been attached to or installed in an engine or aircraft, the Customer expressly grants RAS the right to remove them and take possession of them. The right of ownership of RAS over the goods remains unaffected, regardless of the legal provisions or regulations according to which the goods or parts have become part of an engine or aircraft through their connection to it.

Section 11 – Lien

1. In respect of all claims arising from the order placed with us, as well as any other claims arising from the business relationship, we shall be entitled to a right of retention and, in addition to any statutory lien, a contractual lien over all items handed over to us for the purpose of performing the order. Section 9 of the German Act on Rights in Aircraft (Gesetz über Rechte an Luftfahrzeugen, LuftRG) remains unaffected by this.
2. We shall be entitled to sell the Subject of the Order to satisfy due claims, in particular to sell it on the open market, provided that we have notified the Customer of this in writing 14 days in advance. In the case of Consumers, we are only entitled to this right if the Customer is in arrears with at least 2 (two) payment instalments.
3. RAS is authorised to remove parts (in particular engines) from the aircraft that is the subject of the order and to retain them at its locations.

Section 12 – Warranty

1. If the Customer is a Consumer, we shall be liable for defects in our deliveries and services in accordance with statutory provisions. In the case of delivery of used goods by us, claims for defects shall become time-barred within one year of delivery.
2. If the Customer is a Business Entity, we shall be liable for defects in accordance with the following provisions:
   a) Claims for defects in deliveries and services shall become time-barred within one year of delivery or acceptance.
   b) Claims for defects are excluded for used goods.
3. Overhauled items are always considered used items.
4. The Customer must inspect the goods purchased from us promptly after delivery and notify us immediately of any obvious defects. If a defect was not apparent during the inspection and becomes apparent later, the Customer must report this immediately after discovery. Otherwise, the delivery shall be deemed approved even in view of this defect. The limitations listed above do not apply if we fraudulently concealed a defect or gave a guarantee for the quality of the item.
5. The Customer has the following obligations:
   (i) the Customer must notify RAS in writing within ten (10) days after discovery of the defect,
   (ii) the Customer must grant RAS immediate access to the aircraft to inspect the claimed defect,
   (iii) the Customer must not remedy the defect or have it remedied by a third party without prior inspection and/or authorisation by RAS,
   (iv) the Customer must take all necessary measures to prevent the damage from worsening, or
   (v) the Customer must follow the operating instructions provided by RAS or the aircraft manufacturer.
   If the Customer fails to fulfil these obligations, this shall result in the loss of its performance rights and the expiry of liability of RAS.
6. Defects shall be remedied by repair or replacement, at our discretion. If the defect is not remedied within a reasonable period set by us or if subsequent fulfilment is impossible, the Customer shall be entitled to claims in accordance with the statutory provisions.
7. Defects shall be preferably repaired in Mönchengladbach, provided that this is reasonable and does not impair airworthiness. If, in this case, a defect is nevertheless rectified at a different location, RAS reserves the right to charge the Customer for travel expenses, provided that it would be reasonable for the Customer to have the work carried out in Mönchengladbach.
8. As long as the Customer is in arrears with payment obligations, RAS may assert a right of retention against warranty claims.
9. The Customer shall have no warranty claims for temporary repairs carried out with the Customer’s knowledge. If the Customer requests the use of components, spare parts or materials supplied by the Customer, RAS assumes no responsibility for their function and rejects any warranty for them. In addition, RAS reserves the right to inspect the delivered parts as part of a quality control and to reject them if necessary.

Section 13 – Liability

1. The liability of RAS is excluded regardless of the nature of the breach of duty and including tortious acts. This does not apply to damages resulting from injury to life, limb or health that are based on a negligent breach of duty by RAS or an intentional or negligent breach of duty by a legal representative or vicarious agent of RAS, nor to other damages that are based on a grossly negligent breach of duty by the user or an intentional or grossly negligent freach of duty by a legal representative or vicarious agent of the user.
2. In the event of a breach of essential contractual obligations, RAS shall be liable for negligence, but only to the extent of the foreseeable damage typical for this type of contract. This does not apply for damages resulting from injury to life, limb or health.
3. Claims for lost profit, saved expenses, third-party claims for damages and other indirect and consequential damages are excluded.
4. Insofar as the liability of RAS is excluded or limited, this shall also apply to bodies, employees, workers, representatives and vicarious agents of RAS.
5. Liability under the Product Liability Act remains unaffected.

Section 14 – Insurance

1. As long as and to the extent that a maintenance or repair contract exists between RAS and the Customer, the aircraft together with its components shall be covered by the care, custody and control liability insurance taken out by RAS. RAS does not provide any further insurance protection, in particular for damage due to exceptional circumstances and risks.
2. Insurance obligations of the Customer
   The Customer is obliged to independently ensure the following insurance cover at its own expense for the entire duration of the work, until the aircraft is returned, but at least until all claims by RAS have been settled in full:
   a) Aircraft operator liability insurance. The amount must at least comply with currently valid statutory minimum requirements and currently valid EU regulations.
   b) For the duration of the storage of parts not in combination with a maintenance or repair contract, insurance for the storage of spare parts and aircraft components.
3. Exclusion of liability for weather events
   RAS shall not be liable for damage to aircraft caused by weather conditions such as storms, hail, lightning strikes or similar events. RAS shall also not be liable for “force majeure” within the hangars.
4. Third-party commissioning and proof of insurance
   If the Customer uses RAS services on behalf of a third party, the Customer guarantees that this third party shall take out insurance protection as described in this section and maintain it for the entire duration of the contract. Upon request by RAS, the Customer shall promptly submit copies of the relevant insurance certificates (including proof of payment), which fulfil the requirements specified in this section.

Section 15 – Compliance with Laws and Export Guidelines

1.  The parties agree that they shall fully comply with all laws, regulations and policies of their respective countries, including applicable anti-corruption laws, in the pursuit of any agreements and the conduct of their business relations.
2. If our deliveries and services involve an export or transfer of listed goods (that may be) subject to authorisation or if there are other possible restrictions on export or use, the following regulations shall apply:
3. Upon request, the Customer is obliged to provide us with appropriate information about the end use of the goods to be delivered, in particular to issue so-called end-use documents and to send us the originals.
4. Compliance with agreed delivery deadlines may be dependent on the approval or granting of authorisations by the competent authorities. The agreed delivery time shall be extended accordingly for the duration of such procedures.
5. If export and transfer licences or other approvals that may be required are not granted by the competent authorities or are not granted in a timely manner, or if other obstacles arise due to customs, foreign trade and embargo regulations to be observed by us as the exporter or transporter or by our suppliers, we shall be entitled to withdraw from the contract or from the individual delivery or service obligation. Claims for damages by the buyer for this reason are excluded.
6. The Customer shall be fully liable to us for damages and expenses incurred by us due to the Customer’s culpable failure to comply with European and/or relevant national export regulations or embargo regulations and shall indemnify us against claims by third parties in this respect.
7. The Customer hereby confirms that at the time of entering into the Agreement and in the performance of its obligations under this Agreement, none of the following persons or entities are affected, unless otherwise disclosed in writing to RAS:
   (i) None of the registered owners, contractual owners, beneficial owners or operators of the aircraft (or their representatives, agents or persons/entities owning or controlling any of the foregoing parties) are subject to EU/German sanctions;
   (ii) None of the aforementioned persons or entities is designated by the European Union for the purposes of asset freezes, sectoral sanctions or restrictions on the receipt of goods or technology;
   (iii) None of the aforementioned persons or entities is listed by the US Government as a Specially Designated National or Blocked Person (SDN), Foreign Sanctions Evader (FSE) or on the Sectoral Sanctions Identification List (SSIL) or on any US Government Entity List, Denied Persons List, Debarred List or Unverified List;
   (iv) None of the aforementioned persons or entities is controlled by or owns an SDN, FSE, SSIL or any person or entity included on the European Union or US Government lists referred to in (ii) and (iii);
   (v) None of the aforementioned persons or entities is organised, incorporated, resident or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region or any other region subject to comparable restrictions.
   Furthermore, the Customer confirms that it has implemented and shall continue to implement procedures to ensure that the above representations and warranties remain accurate at all times. The Customer undertakes to promptly notify RAS of any breaches or changes to the above representations and warranties during the performance and/or fulfilment of the Agreement – whether by itself, its affiliated companies, subsidiaries, managers, employees, representatives or other persons or entities involved in the performance of the Agreement.
   If the Customer violates the provisions of this section, it hereby undertakes to indemnify and hold RAS harmless from all resulting consequences. In addition, RAS shall be entitled to terminate the Agreement with immediate effect in such case.
8. General obligation to comply with export and customs regulations. The contracting parties undertake to fully comply with all applicable foreign trade, export control and customs regulations, in particular Regulation (EU) 2021/821 (EU Dual-Use Regulation), the Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWV), the applicable EU embargo regulations and any relevant US regulations (e.g. EAR, ITAR).
9. Reservation of approval. The performance of the contract is subject to there being no obstacles due to national or international regulations, in particular export control or sanctions regulations. If the delivery or service requires approval by a competent authority, it shall be carried out subject to the timely and complete granting of such approval.
10. End use and intended purpose. The Customer undertakes to provide an End-Use Certificate (EUC) or other documents required for the verification of export control regulations upon request. The Customer assures that the delivered goods shall not be used for nuclear, armament-related or military purposes, nor in connection with ABC weapons or delivery systems, unless a corresponding authorisation has been obtained.
11. Re-export control
    In the event of the re-export of the delivered goods to third parties, either domestically or abroad, the Customer undertakes to comply with all relevant national and international export control regulations and to obtain the necessary authorisations independently.
    US export law: important for US components: Reference to EAR/ITAR.
    If delivered products, software or technologies are wholly or partially subject to US export law, the Customer undertakes to comply with the relevant regulations, in particular the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
12. Sanctions and embargo regulations: The Customer warrants that neither it nor any affiliated companies or third parties engaged by it are included on any sanctions list (e.g. EU sanctions lists, OFAC SDN List, UN list). In the event of a breach, we reserve the right to withdraw from the contract and, if necessary, to claim damages.
13. Liability for violations: The Customer shall be fully liable for all damages, costs or legal consequences arising from the violation of export control or customs regulations by the Customer. This applies in particular to the provision of incomplete or incorrect information on export or customs clearance.
14. Compliance with US-EU MAG Amendment 10. If the Customer’s aircraft is registered with the Federal Aviation Administration (FAA), the Customer is obliged to ensure that the aircraft is not handed over to Rheinland Air Service GmbH (RAS) with hazardous substances as defined in classes 1 to 9 in accordance with ICAO document 9284. It is also prohibited to request such substances for provision, packaging or loading onto an aircraft operated by the customer and registered in the United States. Note: This regulation does not apply to components properly installed in the aircraft.

Section 16 – Personal Data & GDPR

We undertake to comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), in their currently valid versions. Details on the handling of personal data can be found in our Privacy Policy.

Section 17 – Intellectual Property Rights

1. The Customer shall not disclose the terms of this Agreement to third parties. All technical information or data of any kind from RAS, in particular all designs, specifications, drawings, concepts, software, know-how, research results or integration or embodiment thereof, as well as any other information that is expressly marked as ‘CONFIDENTIAL’ or ‘PROPRIETARY’ or similar, shall remain the property of RAS.
2. Such information may not be reproduced in any way, passed on to third parties or used for unauthorised purposes unless RAS has given its prior written consent. The Customer may only use such information in connection with contracts for services and products of RAS and only to the extent that this is necessary for the proper performance of the contract.

Section 18 – Entire Agreement – Duration

1. This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters set forth herein and supersedes all prior discussions and agreements between them.
2. No waiver or amendment of this Agreement shall be binding on the parties unless it is made in writing and signed by duly authorised representatives of both parties.
3. All provisions of this Agreement that, by their nature and purpose, should remain in force beyond the termination or expiry of the Agreement shall remain in full force and effect.

Section 19 – Waiver

The failure of RAS to enforce any provision of this Agreement at any time shall not be construed as a continuing waiver of that provision. Similarly, this shall not affect the right of RAS to take action at a later date to enforce the provision in question.

Section 20 – Severability

If one or more provisions of this Agreement are declared invalid, illegal or unenforceable for any reason, the remaining provisions shall not be affected. The invalid, illegal or unenforceable provision shall be replaced by a mutually agreed provision that is valid, legally compliant and enforceable and comes as close as possible to the original intention of the parties.

Section 21 – Notifications/Written Form

All amendments or additions to this Agreement must be made in writing. All notices and other communications within the scope of this Agreement must be made in writing in either German or English. They shall be deemed to have been duly delivered if they are sent by registered or certified mail or by email to an address of a party that is specified in an offer or to another address notified from time to time, or if delivered personally against a written acknowledgement of receipt.

Section 22     Applicable Law / Place of Jurisdiction

1. Mönchengladbach is agreed as the place of performance for the Customer’s payment obligations.
2. If the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all claims arising from the contractual relationship shall be agreed as Mönchengladbach.
3. The contractual relationship is subject to German law to the exclusion of the CISG. The inclusion of these GTC is also subject to German law.
4. Note for Consumers: We do not participate in dispute resolution proceedings before consumer conciliation bodies pursuant to Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG) and are not obliged to do so.