Selection procedure of ATTC Europe Services Ltd.
Standard Terms and Conditions in the wording of 01 March 2009
1. Scope of application
These Standard Terms and Conditions apply both to non-binding inquiries as well as binding bookings of participations in aptitude procedures of ATTC Europe Services Ltd..
ATTC Europe Services Ltd. ("Service-Provider") carries out psychological investigations to establish the degree of aptitude for the profession of transport pilot ("service", "aptitude procedure"). The service may be booked by the customer ("Customer") for its own use or for carrying out this at the premises of a third party specified by the Customer with its express prior approval declared to the Customer.
The type and scope as well as the price of the service will be in accordance with the description of the service and price list, which in each case form the basis of the Contract, applicable at the time of the offer to enter into a contract by the Customer.
The service "Basic Screening BS" may be booked independently. The service "Customized Screening CS" is based on the service "Basic Screening BS" and may therefore only be booked independently, unless the investigation "Basic Screening BS" has already been received by the Customer or the third party specified by the Customer.
3. Conclusion of the contract
The contractual relationship will be entered into with ATTC Europe Services Ltd. (Germany branch office), Rotwandstraße 27, 82041 Oberhaching. Upon entering into the contractual relationship, the company will be represented by its authorized employees.
The Contract will be brought about through booking the service (offer to enter into a contract) and written confirmation (also by electronic means) by the Service-Provider. The booking through the portal ATPL.com® is the regular legal route.
4. Service-Provider's duty to perform and remuneration
The Service-Provider recognises a duty to perform exclusively with regard to the Customer placing the order. The Customer is obliged to assist dutifully in the investigations. The contractually agreed deadline or set period for carrying out the investigation will constitute a binding time for performance for both Parties.
If the service is carried out at the premises of a third party specified by the Customer, the Customer will bear the risk of the dutiful assistance of the third party (by analogy to section 296 of the German Civil Code [Bürgerliches Gesetzbuch (BGB)).
The service must be remunerated after being provided upon the issue of an invoice by the Service-Provider. The service will regularly be considered as provided upon the handing over of an expert report in which the results of the investigation are recorded. The entry of the investigation results into the ATPL.com® database, through which the Customer obtains access to the results, will be considered as equivalent to the physical handing over of an expert report.
If it is impossible for the Service-Provider to draw up the expert report as a consequence of a breach of the duties to assist of the Customer or third party specified by the Customer, the claim for the full remuneration of the service will arise upon the expiry of the term of the contract.
5. Rights of revocation and consequences of revocation
If the Customer is a consumer within the meaning of section 13 BGB, he / she may revoke his / her declaration of intent to conclude the contract within two weeks without stating reasons in text form (e.g. letter, fax, e-mail). The set period will begin after the receipt of this instruction in text form. Timely dispatch of the revocation will suffice for compliance with the set period for revocation. The revocation must be addressed to:
ATTC Europe Services Ltd. (Germany branch office), Rotwandstraße 27, 82041 Oberhaching
In the case of a valid revocation, the benefits received on both sides must be returned and if necessary interest must be released. Obligations to reimburse payments must be fulfilled within 30 days. The set period will begin upon the sending of the declaration of revocation, for the Service-Provider upon its receipt.
6. Liability of the Service-Provider
The selection procedures provide informative values in particular about the psychomotor and cognitive abilities of the participants and their psychological aptitude for the profession of a transport pilot with a statistically significant forecasting accuracy. The Service-Provider will nonetheless not be liable for the occurrence of the forecast development, unless it can be accused of gross dereliction of duty when carrying out the investigation.
The Service-Provider is in particular not liable for damage or losses that are incurred by the Customer in connection with culpa in contrahendo, or the entry into or expiry of contractual relations. The Service-Provider is not liable for simple negligence. Claims for damages for consequential damage and pecuniary losses, interest loss and damage and losses from third-party claims against the Service-Provider are, if permitted by law, excluded. This exemption from liability also applies to debt claims against the Service-Provider for legal expenses or procedural costs.
7. Data protection
The Service-Provider is obliged to treat personal data of the Customer and in the case of carrying out the service at the premises of a third party specified by the Customer personal data of the third party as confidential and use and save this exclusively under the terms of the contractual relationship. The Service-Provider is entitled to pass on the data to parties directly involved for the fulfilment of the mutual contractual obligations, in particular to the operators of the service ATPL.com®, for technical processing.
The aptitude data gained in the course of the service constitute highly personal information of the test participants. If the service is carried out at the premises of a third party specified by the Customer, the Customer will only be entitled to use this information in connection with its selection decision. The information may in particular not be notified to unauthorized third parties free of charge or for a payment and must be protected from access by unauthorized persons.
The Service-Provider is entitled to ascertain, suspend and regularly examine the validity of the individual tests applicable within the aptitude test procedures by evaluating statistically significant random samples for the purposes of increasing the quality and control of the success. For this, the results of the participants will be saved allocated in an anonymized form.
In the case of carrying out the service at the premises of a third party specified by the Customer, the evaluation will also be notified to the third party. The exploitation of the data will be within the discretion of the third party. Performance values obtained within the scope of the unit of investigation "BasicScreening BS" may be used freely by the third party, unless a special agreement waiving this right exists between the third party and the Customer.
8. Binding to ATPL.com®
If the booking of the service takes place through the portal ATPL.com®, compliance with the Standard Terms and Conditions of Use of ATPL.com® as amended at the time of the offer to enter into a contract by the Customer is an accessory contractual obligation.
9. Applicable law
German law will apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10. Legal venue
The legal venue will be the Munich Local Court.
11. Safeguarding clause
If one provision of these Standard Terms and Conditions is invalid, this will not affect the other provisions. The invalid provision must be replaced by a provision which approximates economically in a legally valid form to the sense and purpose of the invalid provision. This regulation will also apply unconditionally to any gaps in the regulations.
ATTC Europe Services Ltd.
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