Terms & Conditions

1 Scope

1.1 In order for a user to utilize the services of avTax (uG), Kehlstraße 3/1, 73257 Köngen (here and thereafter referred to as "avTax"), the following terms & conditions apply (here and thereafter called AGB). The German version of the AGB is governing, the English version is provided as a courtesy only.

1.2 The following AGB in their current version apply to the use of avTax' services. Additional or deviating terms need the written consent of avTax.

1.3 avTax reserves the right to alter its AGB at any time. In case of changes, the user will be informed and may contradict within four weeks of notification, resulting in a termination of the contract with avTax. In the absence of a user's reaction, the AGB change is regarded as acknowledged.

2 Usage of our services

2.1 avTax offers a software solution to evaluate duties of flight crew members who are subject to income tax in Germany. The website-based application automatically parses duty plans and other sources. Currently supported file formats are listed in our FAQ. Other files cannot be used.

2.1 Access is granted via identification of email address and a corresponding self-chosen password. The user is obligated to choose a password compatible with avTax' requirements which is explained on the registration subpage. The credentials shall not be made available to third parties.

2.3 avTax may alter the extent of free-to-use components at any time, given that the functionality of paid services is not limited.

2.4 The alteration or termination of paid components is only possible with a timely withdrawal notice.

3 Usage requirements

3.1 To use the offered services, the user needs to register a free account. The import of duties and a limited preview is available for free as well. The provision of a detailed evaluation is subject to the payment of a service fee.

3.2 avTax' services require an internet connection and a computer or mobile device with a current application capable of displaying websites (browser). The functionality of the offered services may be limited on mobile devices.

4 Costs & advertisement

4.1 Registration, import of duties and the limited preview are free-to-use services.

4.2 The provision of a detailed duty plan evaluation is a paid service. The fee is displayed during the process.

4.3 The costs of the internet connection are not within the scope of this AGB.

5 Conclusion of contract

5.1 The registration process starts with a click on the button "Create account/Register" on the website avTax.eu or avTax.de and the submission of the completed registration form. Thereafter, a confirmation email is sent to the user's email address, in which a link needs to be clicked. The account activation represents the acceptance by avTax.

5.2 The usage of avTax' duty plan evaluation can begin as soon as the user has stored duties on avTax' server and some settings dialogues are completed. Thereafter, a limited preview is displayed, which can be purchased with a click on the button "Pay now" or "Build evaluation". If necessary, the user will be re-directed to the website of our payment service, where the necessary information has to be entered. The acceptance through avTax happens through the display of a confirmation on the screen.

5.3 This AGB may be viewed via avTax' registration website and the link contained in the website's footer. It is beeing accepted by the user through submission of the registration form or the purchase of an evaluation.

5.4 For all contracting purposes and processes, the German version is governing. English versions are only provided as a courtesy.

6 Revocation

6.1 Right of revocation: With the purchase of an evaluation, the user waives the 14 day legal right of revocation, because avTax provides a user-tailored service. A revocation may however be enacted because of a deficiency in quality or extent of the provided service. In this case the revocation shall be addressed to:

avTax
Kehlstraße 3/1
73257 Köngen

kontakt@avTax.eu

6.2 In case of an effective revocation, both parties need to return the contractual benefits. Should it be impossible to return the benefits in full extent, avTax may be entitled to compensation. Obligations and reimbursements need to be realized within 30 days of revocation.

6.3 The right of revocation expires early when both parties agree that the contract has been fulfilled entirely, before the user has enacted the right of revocation.

7 Concession of rights

7.1 avTax grants a non-exclusive, untransferable, non-sub-licensable und revocable right of usage to the user which can be exerted through the website of avTax. Printouts within in the scope of usage are permissible.

7.2 The purchase of an evaluation includes the right of repetitive recalculation.

7.3 The user may adjust the purchased evaluations through the options offered on avTax' website which are presented during the process. Beyond offered services, the modification of the software is prohibited.

8 Contract duration & termination

8.1 The registration contract is concluded for an indefinite period and can be terminated in written at any time without explanatory statement.

8.2 The termination period is one month.

8.3 Notwithstanding that is the right of immediate termination in exceptional circumstances, particularly when regulations of these AGB are infringed.

8.4 With an effective termination, the right of use of avTax' services expires immediately.

9 Availability

9.1 avTax delivers its services at the highest degree of technical and operational capabilities up to the interconnection point of the internet with an availability of at least 98%. Disruptions beyond avTax' influence and its assigned contractors as well as force majeure and presaged maintenance periods are exempted.

9.2 avTax strives to maximize the availability of its services. Yet, a claim to uninterrupted always-available services is rejected.

10 Liability

10.1 avTax is legally liable for the damage the user suffers from wilful gross negligent behaviour avTax is accountable for as well as damage to property and life according to the product liability law.

10.2 Furthermore, the liability of avTax is limited - regardless of the legal ground - according to the following proviso, except for explicitly expressed warranty propositions:

10.2.1 avTax is only liable for slight negligence if it is resulting from a breach of a contractual cardinal obligation. Cardinal obligations are those duties of a contract which are essential to the fulfillment of the contract and which the user implicitly trusted in. As long as liability claims result from this behaviour, it is limited to the typically expectable amount of damage.

10.2.2 The liability for the slightly negligent loss of data or software is limited to the typical effort of recovery, which would have effected from regular and adequate safekeeping by the user.

10.3 The provisions of the foregoing paragraphs also apply to the limitation of the liability to pay damages for futile expenditures (§ 284 BGB).

10.4 The scope of the foregoing liability limitations also extents to auxilliary persons affiliated with avTax.

10.5 avTax is only liable for malfunctions of the evaluation, if avTax or one of its auxilliary persons is accountable for it.

11 Data protection

11.1 avTax' services rely on the transmission, storage, processing und return of information, messages and data from and to the user. The user decides freely about the nature and extent of information submitted to avTax and possible third parties. The credentials may not be imparted to third parties. The user is responsible for the confidential trasnmission of data to avTax.

11.2 avTax collects, uses and processes the user's data for contracting in agreement with legal requirements.

11.3 Furthermore, avTax relegates to the GDPR regulations, which the user consents to in the course of registration and purchase of an evaluation.

12 Prohibition of assignment

12.1 The transference of a contract with avTax or the contained individual rights and obligations to third parties by the user is prohibited. Likewise, imparting of the user's credentials to third parties for any purpose is not allowed.

13 Applicable law, place of fulfillment and place of jurisdiction

13.1 At any time, only the applicable laws and standards which are in force in Germany are governing. This also applies to users with a residence outside of Germany. The UN Convention on Contracts (CISG) is excluded. The place of fulfillment of avTax' services is Köngen.

13.2 For all current and future claims resulting from a business relationship with merchants, legal persons of the public law as well as special assets, the place of jurisdiction is Köngen. The same applies if the user has no own place of jurisdiction in Germany or the user's residence at the time of commencement of an action is unknown. Binding provisions of the EUGVVO remain pristine.

Revision: March 2021