Terms & Conditions
Terms & Conditions
Terms & Conditions
Terms and conditions of use of reach.aero
reach.aero is a web application for the international air cargo industry. reach.aero is operated by the Corvus Group GmbH, represented by the director Steven Raabe, Königstraße 36, 53773 Hennef, Germany (hereinafter referred to as
CORVUS). The subject of the application is the networking and communication between airlines, aircraft operators and air freight carriers. Users of reach.aero may in particular put out to tender centrally available loading volumes or freight volumes to be assigned and also access available capacities and tender invitations of other providers.
These terms and conditions of use regulate the contractual agreements between users and CORVUS as operators of the application. They do not regulate the contractual bases between the users amongst each other. A direct formation of contract between users via the application reach.aero is not possible.
A user as defined by these terms and conditions is any person who visits the application reach.aero and registers there to put out to tender capacities or freight volumes or to seek invitations to tender of third parties, irrespective of the type of use.
(1) The following terms and conditions of use regulate the essential directives under which the use of reach.aero takes place. The terms and conditions of use also apply if the service is used outside the Federal Republic of Germany. Any variant regulations, and in particular terms and conditions of the user, that conflict with these terms and conditions of use shall not apply and shall require the express consent of CORVUS in order to be effective.
(2) CORVUS reserves the right at any time to change the services offered on the application reach.aero or to offer other services insofar as this does not involve deactivation of existing services. CORVUS plans to extend the services offered within the framework of reach.aero on an ongoing basis. The extension of services and functionalities is not associated with a restriction of existing services.
(3) CORVUS reserves the right at any time to amend these terms and conditions of use without stating reasons insofar as this is not unreasonable for the user. Changes to these terms and conditions of use are always necessary when further functionalities for reach.aero can be offered or changes in existing regulations require an extension of these terms and conditions of use. CORVUS shall not restrict or abolish essential rights and duties of the user or of CORVUS by a change in the terms and conditions of use. Insofar as changes do not affect the essential content of the contract, they shall be implemented by CORVUS after corresponding notification to all users in accordance with the following conditions: CORVUS shall notify the user about changes to the terms and conditions of use. If the user does not object to the application of the new terms and conditions of use within 14 days after receipt of the notification, the amended terms and conditions of use shall be deemed to be accepted by the user. In the notification CORVUS shall draw the user's attention to their right of objection and to the period for objection as well as the consequences of failure to issue an objection. The above shall not apply in the case of a fundamental change to the contract.
2. Contracting party
The contracting party of the user in relation to reach.aero is exclusively CORVUS. CORVUS shall not, however, become a contracting party for the transport or airfreight contracts concluded between users. CORVUS shall also not be a broker for such contracts; instead, CORVUS merely provides the platform on which providers may announce their loading volumes and notify their carriers about their freight volume. This does not entail any broker activity.
3. Subject of the agreement
(1) The subject of the contract between the user and CORVUS is exclusively the provision of the application reach.aero which offers users the opportunity there, after registration and using certain restrictive criteria, to state information about their free loading volume or freight volume and to notify other application participants about these capacities. Registration for reach.aero is carried out in accordance with the terms of Section 4. of these terms and conditions.
(2) reach.aero serves primarily as a central platform for advertising available loading space and current freight volume. Reach.aero may be used by airlines and aircraft operators as well as air freight carriers and brokers.
(3) When available loading volumes are put out to tender, information about the aircraft type, the available loading volume in kg, a timeframe or time window of the availability and information about the departure location and destination of the flight must be stated. When freight volumes are put out to tender, information about the freight volume in kg, the time or time window of the transport and the departure location and destination must be stated. Users may also use the application reach.aero without themselves putting loading volumes or freight volumes out to tender.
(4) reach.aero enables public viewing of the company data – and if released – also the user data of other participants. Users may share with other persons the invitations to tender that they have created as well as company profiles via social networks and thereby draw attention to their capacities.
(5) Contact is made directly between the users and is not processed via reach.aero. The same shall apply in the case of conclusion of a transport contract which is formed exclusively between the respective provider and the person accepting the offer.
(6) The use of reach.aero shall be free of charge until further notice.
(1) The requirement for participation in reach.aero is registration and creation of a user account. The user account consists of a company profile and a user profile. The company profile shall be assigned to the respective user as the administrator who creates this profile. The user may invite any number of other users as employees of the company to participate in the company profile. The invited employees shall only become users of reach.aero when they have consented to the terms and conditions of use and carried out registration successfully.
(2) Each user may state at the time of registration whether his user data is to be publicly visible or not. If consent is not granted for public visibility of the user data, the user data will not be visible to any other user. If visibility of the user data is authorised, not only users of reach.aero but all internet users may call up the company profiles, user profiles and invitations to tender of the relevant companies.
(3) The company data shall then always be publicly visible and cannot be hidden. The creator of a company profile confirms by the initial registration that he is authorised to act in the name of the named company and to represent it on reach.aero. Registration of the company may only be carried out by an employee who is authorised to conclude a contract in the name of the company. If CORVUS has grounds to suspect that a user has created a company profile without the necessary power of representation, CORVUS reserves the right to delete this profile.
(4) Only adults who have full capacity to enter into legal transactions may register as personal users.
(5) At the time of registration the user must enter at least the company name, e-mail address, a user name as well as a password. Entry of further company data as well as uploading of images or other files may ensue when the profile is subsequently completed and is voluntary.
(6) By sending a request for registration the user declares his express agreement with these terms and conditions of use and with the data protection statement of reach.aero. The terms and conditions of use and the data protection statement are available on reach.aero and may be viewed there by the user at any time.
(7) There is no right to registration. A requirement for registration is in particular full and correct provision of the data stated by the user. CORVUS stores the user data provided to them by the respective user and undertakes to treat it in confidence in accordance with the Datenschutzgesetz (Data Protection Act). Further details are specified in the data protection statement.
(8) CORVUS shall also be entitled to store the IP address of the internet access from which the registration is carried out in order to prevent or trace misuse of personal data.
(9) A company may only be registered once on reach.aero. By registering the user confirms that he does not have any user profile for the same company or that a previous user profile of this company has been deleted.
5. Rights of use
(1) By uploading content, in particular texts, images or other materials, the user grants CORVUS, free of charge, the non-exclusive right, limited to the duration of the user contract, to use this content without restriction in terms of location or content, and to store it, to make it available to be called up free of charge within the framework of the respective offer, to process it, to duplicate it and make it publicly available, to offer it for saving and printing, and to provide it and/or to use it in any other way.
(2) The respective user himself is responsible for the content made available to CORVUS and for ensuring that this content may be published and presented or processed in the specified scope. Insofar as rights of third parties must be obtained for this, this shall be the responsibility of the user alone.
6. Liability of the use of content
(1) The user shall be required to provide true information at the time of registration. The use of names, e-mail addresses and other contact data of third parties is permissible only if there is adequate and guaranteed consent from the relevant person. A user who carries out registration for a third party, or with the use of third-party data, must ensure before the start of registration that he is entitled to use the required data and that it may be made publicly available. The same applies for the use of images, graphics or other files depicting other persons or which makes it possible to infer their identity.
(2) By transferring the registration data and uploading other content the user declares to CORVUS that the user is entitled to duplicate and disseminate this content and to make it publicly available and to exhibit it even in commercial transactions and that no rights of third parties are breached by dissemination of such content on reach.aero.
(3) The use of brand names, logos, designs or other copyright-protected works or industrial property rights of any other kind shall be permissible within the framework of registration or invitations to tender only if the respective user has the rights, unrestricted in terms of content and time, for duplication, dissemination and provision in the public domain of this content.
(4) In the case of illegitimate use of company data and/or logos, graphics, images or other contents on reach.aero the respective user who has uploaded this data indemnifies CORVUS against all claims by third parties based on unauthorised use, dissemination and duplication of the content or making the content publicly available and exhibiting it. The indemnification outlined in this paragraph also covers payment of any costs incurred by CORVUS from the defence against such claims insofar as they are reasonable and have been necessary for the legal defence.
7. Period of the contract/termination
(1) The contractual relationship between CORVUS and the user shall commence upon successful registration by the user and is formed for an indefinite period.
(2) The contractual relationship may be terminated by the user at any time without stating reasons and without stating a period of notice. Regular termination by CORVUS shall require a period of notice of four weeks to the end of a month. Termination by either party must be in text form.
(3) If third parties assert claims against CORVUS based on actual or claimed breaches of rights due to actions of a user on reach.aero, irrespective of what type, CORVUS shall be entitled to block the user immediately. CORVUS shall inform the user about this accordingly. Furthermore, the user fully indemnifies CORVUS against all claims asserted against CORVUS by a third party on the basis of such an action by the relevant user.
8. Duties of the user
(1) The user is prohibited from engaging in anti-competitive practices on reach.aero or permitting such actions to be carried out or promoting them, in particular using the application to make contact in an unethical manner using the user data provided there or inciting other users to engage in such conduct. The systematic gathering and analysis of user data or invitations to tender for the purpose of creating a database is prohibited.
(2) The user is further prohibited from impairing or attempting to impair the functioning of reach.aero by means of technical actions (e.g. running scripts, hacking attempts, dissemination of viruses, worms, Trojans, brute-force attacks etc.).
(1) CORVUS guarantees, within the framework of foreseeable requirements, the best possible reproduction of content on reach.aero in accordance with the prevailing customary technical standard.
(2) All users are aware that the data and services of CORVUS may not be available at all times. In particular, CORVUS shall not be responsible for cases in which reach.aero is not available, due to use of unsuitable display software and/or hardware (e.g. browser) or due to a malfunction of communication networks of other operators or due to computer failure in the case of an internet access provider or an online service or due to offers that are incomplete and/or not up-to-date on proxy servers of commercial and non-commercial providers and online services.
(3) CORVUS provides no guarantee that the company data, user data, invitations to tender or other content provided on reach.aero is up-to-date or correct. CORVUS likewise provides no guarantee that a contract in respect of freight transport based on the use of reach.aero shall come into existence or that it can come into existence.
(1) CORVUS shall not be liable for uninterrupted availability of the application. Failure of the server due to technical or other problems beyond the sphere of control of CORVUS (force majeure, fault of third parties etc.) shall not give rise to any claim by the user against CORVUS.
(2) CORVUS shall otherwise have unlimited liability in accordance with the statutory provisions for damage to life, body and health due to a negligent or intentional breach of duty by CORVUS, its legal representatives and vicarious agents and for loss or damage covered by liability under the Produkthaftungsgesetz (Product Liability Act). CORVUS shall be liable in accordance with the statutory provisions for loss or damage not covered by sentence 1 and which is due to intentional or grossly negligent breaches of contract as well as dishonesty by CORVUS, its legal representatives or vicarious agents.
(3) CORVUS shall also be liable for loss or damage caused by ordinary negligence insofar as the loss or damage arising in this way is due to a breach of rights that are to be granted to the user in accordance with the content and purpose of the contract and/or due to a breach of duty the fulfilment of which makes proper implementation of the contract possible at all and upon compliance with which the contractual partner can rely as a matter of course (cardinal duties). The amount of liability for such loss or damage shall be limited to the foreseeable scope of loss or damage that is typical with such contracts.
(4) Any further liability shall be excluded irrespective of the legal nature of the claim asserted.
(5) In particular, CORVUS shall not be liable for the success of an invitation to tender or for the correctness, up-to-date status or completeness of information, user data or profile data on reach.aero. The companies or users themselves shall be responsible for the content of invitations to tender.
11. Data protection
(1) CORVUS shall be entitled to store electronically the data provided voluntarily by a user upon registration and the subsequent updating of his profile and to process and use this data for operational purposes in accordance with the provisions of law. Details about processing and use of data are provided in the data protection statement which is an element of these terms and conditions of use.
(2) CORVUS expressly draws attention to the fact that data protection for data transfers in public networks such as the internet cannot be fully guaranteed with the current level of technology. The user himself must take full responsibility for security of data transferred by the user to the internet.
12. Final provisions
(1) For contracts concluded on the basis of these terms and conditions of use and for claims resulting therefrom, irrespective of what type, the law of the Federal Republic of Germany shall apply exclusively, with exclusion of the provisions of UN sales law (CISG) insofar as this does not exclude any mandatory regulations at the place of residence of the user who is the consumer.
(2) Changes and/or additions to these terms and conditions must be in written form to be effective.
(3) In the case of agreements with merchants, i.e. users who engage in trading activities or are classified as merchants in terms of the German Commercial Code for any other reason, as well as with legal persons governed by public law, the headquarters of CORVUS shall be the exclusive place of jurisdiction for any disputes directly or indirectly arising from the contractual relationship.
(4) If one or more individual provisions of these terms and conditions of use are or become ineffective, this shall not affect the validity of the other provisions.