AIRNAIL e.U. — Haslbergerweg 14, 5020 Salzburg, Austria — Effective 2024
These General Terms and Conditions ("T&C") govern all contracts for services and products between AIRNAIL e.U. ("AIRNAIL") and its clients. By placing an order or signing a service agreement, the client accepts these T&C in full.
Deviating terms of the client apply only if expressly confirmed in writing by AIRNAIL. Should individual provisions be rendered invalid by mandatory statutory provisions, the remaining provisions shall remain unaffected.
All offers by AIRNAIL are non-binding until confirmed. A contract is concluded upon written order confirmation (email is sufficient). Automated acknowledgements of receipt do not constitute order confirmation.
AIRNAIL reserves the right to refuse orders or modify its service offerings at any time prior to confirmation.
AIRNAIL provides professional UAV services including but not limited to: drone piloting and aerial operations, aerial cinematography and photography, photogrammetry and 3D mapping, thermal imaging, HomeAssistant & smart home setup, custom UAV engineering, and consulting.
The precise scope of each engagement is defined in the individual project agreement or written quote. AIRNAIL performs services as an independent contractor and is not subject to the client's instructions beyond the agreed scope.
(a) Prices are those agreed in the written quote or service agreement at time of order. All prices are net unless explicitly stated otherwise.
(b) Any applicable VAT, export/import duties, or customs charges are borne by the client.
(c) For deliveries within the EU, VAT-exempt invoicing requires a valid VAT identification number provided at time of order. For deliveries outside the EU, Austrian VAT does not apply.
(d) AIRNAIL reserves the right to adjust prices for ongoing projects in the event of unforeseen cost increases (material, regulatory, airspace fees) with reasonable notice.
(a) For custom builds and engineering projects: 50% deposit upon order confirmation, remainder upon completion.
(b) For field service missions: payment is due within 14 days of invoice date unless otherwise agreed.
(c) In the event of late payment, AIRNAIL is entitled to charge interest at 8 percentage points above the European Central Bank base rate per annum (§ 456 UGB), as well as reasonable reminder and collection costs.
(d) All payments are due in Euro. Upon default, all outstanding invoices become immediately due in full.
(a) Cancellations must be submitted in writing. Cancellations received more than 7 days before the agreed service date are free of charge. Cancellations within 7 days incur 50% of the agreed fee. Cancellations within 48 hours or no-shows incur 100% of the agreed fee.
(b) If a flight mission cannot be executed due to weather conditions, airspace restrictions, regulatory requirements, or other circumstances beyond AIRNAIL's control, AIRNAIL will offer rescheduling at no additional cost. No cancellation fee applies in such cases.
(c) AIRNAIL reserves the right to abort any mission at any point if safe or legal operation is no longer possible. In such cases, any completed portion of work is invoiced pro rata.
(d) For custom-manufactured or individually configured products, cancellation after production has commenced is not possible. The full agreed price applies.
(a) Custom products are typically delivered within 6 weeks of order confirmation unless otherwise agreed.
(b) Stock items are shipped after receipt of full payment.
(c) Delivery is to the address specified by the client. Costs arising from incorrect address information are borne by the client.
(d) Risk passes to the client upon handover to the carrier.
(e) Delivery timelines are estimates. Delays caused by suppliers, regulatory approvals, or force majeure do not entitle the client to cancel or claim damages.
(a) All aerial footage, photographs, 3D models, point clouds, and other creative outputs produced by AIRNAIL remain the intellectual property of AIRNAIL e.U. and are protected by copyright.
(b) Upon full payment, the client receives a non-exclusive, perpetual licence to use the deliverables for the purposes agreed in the project scope. Resale or sublicensing requires prior written consent from AIRNAIL.
(c) AIRNAIL reserves the right to use a reasonable selection of project footage for portfolio, marketing, and promotional purposes unless the client objects in writing prior to the mission.
(d) All design drafts, CAD files, and engineering documentation created by AIRNAIL are subject to copyright and may not be reproduced, modified, or passed to third parties without written consent.
(a) AIRNAIL operates in accordance with applicable aviation regulations including EU Regulation 2019/947 (UAS Regulation) and Austrian aviation law.
(b) The client is responsible for ensuring that the agreed mission location and operational requirements comply with local regulations, airspace restrictions, and property rights. AIRNAIL will advise where possible but cannot guarantee regulatory clearance for all locations.
(c) If a client operates UAV hardware supplied, built, or modified by AIRNAIL, the client assumes full responsibility for compliance with all applicable laws in the country of operation. AIRNAIL accepts no liability for consequences arising from unlawful or improper operation by the client.
(d) Permits, waivers, or airspace authorisations required for specific missions are the responsibility of the client unless expressly included in the service scope.
Obvious defects in delivered goods must be reported in writing immediately upon receipt. After inspection, AIRNAIL will, at its discretion, repair or replace the defective item. Damage caused in transit must be reported directly to the carrier. Warranty and rectification work is carried out at AIRNAIL's premises unless otherwise agreed.
(a) AIRNAIL's liability for damage to property or financial loss caused by simple negligence is limited to the value of the agreed contract. Liability for indirect loss, lost profits, or consequential damage is excluded to the extent permitted by law.
(b) Liability for personal injury or death caused by gross negligence or wilful misconduct cannot be excluded and remains fully applicable.
(c) The client acknowledges that UAV operations involve inherent risks. AIRNAIL takes all reasonable precautions but cannot guarantee the absence of technical failure, adverse weather, or interference. In such events, liability is limited as stated in (a).
(d) AIRNAIL strongly recommends that clients obtain appropriate liability insurance for missions involving persons, crowds, or high-value property.
AIRNAIL is not liable for failure to perform obligations due to circumstances beyond its reasonable control, including but not limited to: extreme weather, temporary flight restrictions (TFR), airspace closures, regulatory interventions, technical failures of third-party infrastructure, pandemics, or acts of nature. In such cases, AIRNAIL will make reasonable efforts to reschedule or find an equivalent solution.
All goods delivered remain the property of AIRNAIL e.U. until full payment has been received. In the event of seizure or third-party enforcement action against the delivered goods, the client must notify AIRNAIL immediately.
(a) AIRNAIL processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG 2018). Data is collected solely for the purpose of contract performance and invoicing, and is not shared with third parties except as required by law.
(b) Data collected includes: name, address, contact details, payment information, and project-relevant records. Retention is limited to the statutory minimum (7 years for accounting records under Austrian tax law).
(c) If aerial footage captured during a mission contains identifiable persons, the client is responsible as data controller under GDPR for ensuring a valid legal basis for such recordings (consent, legitimate interest, etc.) and for responding to any subject access requests.
(d) Clients have the right to access, rectify, erase, and port their personal data. Complaints may be directed to the Austrian Data Protection Authority (Datenschutzbehörde, dsb.gv.at).
These T&C and all contracts concluded on their basis are governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is the competent court in Salzburg, Austria.
Should any provision of these T&C be or become invalid or unenforceable, the remaining provisions shall remain in full force. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.