General Terms and Conditions for Training and Education Services of ASMS GmbH

Version: August 2026

§ 1 Scope of Application

1. These General Terms and Conditions apply to all contracts between ASMS GmbH (hereinafter “ASMS”) and its clients for the provision of training courses, seminars, trainings and continuing education programmes.
2. The services of ASMS are directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law that commission the training services in the course of their commercial, self-employed or institutional activities.
3. These Terms and Conditions apply both to open seminars with individual participant registrations by companies and to in-house and corporate trainings that are conducted individually for companies or organisations.
4. Conflicting or deviating terms and conditions of the client shall not become part of the contract unless ASMS has expressly agreed to their application in text form.
5. Individual agreements between ASMS and the client take precedence over these Terms and Conditions. For in-house and corporate trainings, the respective individual offer and contract terms apply in addition.

§ 2 Registration and Conclusion of Contract

1. Registration for open seminars is made by the client via the ASMS website, by email or by any other means offered by ASMS. The registration must contain the information required for the performance of the contract and for organisational purposes.
2. By registering, the client submits a binding offer to conclude a training contract. The contract is concluded upon express confirmation of registration by ASMS in text form.
3. The number of participants in open seminars is limited. Registrations are generally taken into account in the order in which they are received. A claim to a particular seminar place only exists once registration has been confirmed.
4. For in-house and corporate trainings, the contract is concluded on the basis of an individual offer from ASMS and its acceptance by the client in text form.
5. The client is responsible for ensuring that the registered participants have the information required for the training and meet the organisational prerequisites for their participation.
6. ASMS processes the personal data required in the course of registration and contract performance in compliance with the applicable data protection provisions. Further information can be found in the ASMS privacy policy.

§ 3 Services and Scope of Services

1. ASMS provides training, coaching and continuing education services in the respective agreed subject areas. These include, in particular, content from the fields of aviation, safety management, compliance monitoring, aviation law, management systems, management training and auditor training.
2. The specific scope of services, the training content, the duration, the venue, the delivery format and any training materials provided are set out in the respective seminar description or the individual offer.
3. The trainings are prepared and delivered to the best of our knowledge and taking into account the technical and regulatory requirements applicable at the time of delivery.
4. ASMS reserves the right to adapt content, methods and organisational procedures within the agreed scope of services where this is necessary to ensure that the training is up to date, of high quality and achieves its objectives, and provided that the essential character of the agreed service is not changed thereby.
5. ASMS is entitled, for objectively justified reasons, to deploy another suitably qualified trainer, provided that the agreed quality and the character of the training are maintained.
6. Unless expressly agreed otherwise, ASMS owes the proper delivery of the agreed training service, but not any specific learning outcome, exam success or the attainment of any official, statutory or other recognition.
7. Unless otherwise stated in the respective offer or seminar description, the trainings are conducted in German.
8. For in-house and corporate trainings, the service and delivery terms agreed in the respective offer or individual contract apply. In the event of deviating provisions, these take precedence over the corresponding provisions of these Terms and Conditions.

§ 4 Participation Fees and Payment Terms

1. The applicable participation fees are those set out in the seminar price published at the time of booking or in the individual offer prepared by ASMS.
2. All prices are net prices plus the applicable statutory value added tax, unless expressly stated otherwise.
3. Unless expressly agreed otherwise, seminar fees are invoiced after the training has been delivered. The invoice amount is due for payment without deduction within 10 calendar days of receipt of the invoice.
4. For in-house and corporate trainings, different payment terms, in particular down payments or instalment payments, may be agreed in the respective offer.
5. Travel, accommodation, catering and other incidental costs are only included in the participation fees if this has been expressly agreed or stated in the offer. Otherwise, they are invoiced separately, provided that the client has agreed to bear them.
6. In the event of late payment, the statutory provisions apply. In the case of monetary claims arising from legal transactions in which no consumer is involved, the statutory default interest pursuant to § 288 (2) BGB and, where applicable, the lump-sum default compensation pursuant to § 288 (5) BGB apply in particular.

§ 5 Withdrawal and Cancellation by the Client

5.1 Open Seminars

1. A cancellation of a bindingly booked participation in an open seminar must be declared to ASMS in text form (e.g. by email). The decisive factor for compliance with the respective deadline is the receipt of the cancellation by ASMS.
2. The following lump-sum cancellation fees apply to cancellations, in each case based on the agreed seminar fee:
   • Up to and including 30 calendar days before the start of the seminar: free cancellation.
   • 29 to 14 calendar days before the start of the seminar: 50% of the seminar fee.
   • 13 to 7 calendar days before the start of the seminar: 75% of the seminar fee.
   • Less than 7 calendar days before the start of the seminar and in the event of a no-show without prior cancellation: 100% of the seminar fee.
3. The client is expressly permitted to prove that ASMS has suffered no loss or a significantly lower loss. ASMS reserves the right to prove a higher loss.
4. After prior consultation with ASMS, the client may nominate a suitable substitute participant. Unless there are objective or organisational reasons to the contrary, the substitute will be admitted in place of the originally registered participant. No additional seminar fees are incurred for this.
5. Rebooking to a different seminar date is possible after prior consultation with ASMS. There is no entitlement to rebooking. If ASMS agrees to a one-time rebooking, no additional costs will be incurred, unless otherwise agreed.

5.2 In-house and Corporate Trainings

1. For the cancellation or postponement of bindingly commissioned in-house and corporate trainings, the following cancellation fees apply, unless different provisions have been agreed in the individual offer:
   • Up to and including 30 calendar days before the agreed start of the training: free cancellation.
   • 29 to 14 calendar days before the start of the training: 50% of the agreed net remuneration.
   • 13 to 7 calendar days before the start of the training: 75% of the agreed net remuneration.
   • Less than 7 calendar days before the start of the training: 100% of the agreed net remuneration.
2. Third-party and incidental costs that have already been incurred and can no longer be avoided, in particular travel, accommodation and any external services already commissioned, may be charged additionally, insofar as they are not already taken into account in the cancellation fee.
3. The client is expressly permitted to prove that ASMS has suffered no loss or a significantly lower loss. ASMS reserves the right to prove a higher loss.
4. Postponements of in-house and corporate trainings require the consent of ASMS. Expenses that have already been incurred and can no longer be avoided may be invoiced to the client.

§ 6 Changes and Cancellation of Events by ASMS

1. ASMS reserves the right to cancel or reschedule open seminars for important organisational or economic reasons, in particular in the event of insufficient participant numbers.
2. A cancellation due to insufficient participant numbers will generally be made no later than 14 calendar days before the planned start of the event. In other cases, in particular in the event of short-notice illness of the trainer, force majeure or other unforeseeable events, a cancellation may also become necessary at shorter notice.
3. ASMS will inform the registered participants or the client of a cancellation or material change of date without undue delay in text form.
4. In the event of a cancellation by ASMS, participation fees already paid will be refunded in full. Alternatively, with the client’s express consent, rebooking to a replacement date may be offered.
5. In the event of a material postponement, the client is entitled either to agree to rebooking to the replacement date or to cancel participation free of charge. Participation fees already paid will be refunded in this case.
6. Further claims of the client, in particular with regard to travel, accommodation or other consequential costs, are governed by the liability provisions pursuant to § 9 of these Terms and Conditions.
7. The foregoing provisions apply accordingly to in-house and corporate trainings, unless different agreements have been made in the respective offer or individual contract.

§ 7 Participation Conditions and Certificates of Attendance

1. Participants are obliged to observe the organisational instructions and reasonable directions of ASMS and the trainers deployed.
2. ASMS reserves the right to exclude participants from further participation in the event of significant disruption of the training, grossly inappropriate behaviour or repeated disregard of legitimate instructions.
3. An exclusion from further participation for reasons for which the participant or the client is responsible does not, in principle, give rise to any entitlement to a refund of the seminar fee. Statutory claims remain unaffected.
4. Certificates of attendance are generally only issued for trainings actually attended.
5. Where examinations, performance assessments or other proof of qualification are provided for as part of a training, the issuance of corresponding certificates is governed by the participation and examination requirements announced in each case.
6. A certificate of attendance generally confirms participation in a training. Without an express agreement to the contrary, it does not constitute an official approval, licence, legally recognised qualification or other external accreditation.

§ 8 Responsibility and Use of Training Content

1. The selection of a training and the assessment of its suitability for the individual professional or operational requirements are, in principle, the responsibility of the client. ASMS is available for technical enquiries prior to booking.
2. The training content is carefully prepared and delivered in accordance with the state of professional knowledge available at the time of delivery. Unless expressly agreed otherwise, it does not constitute individual legal advice or official information for a specific individual case of the client.
3. The independent review, assessment and implementation of the content conveyed in the respective operational context is the responsibility of the client.
4. The foregoing provisions do not restrict ASMS’s contractual obligations or its liability under these Terms and Conditions and the statutory provisions.

§ 9 Liability

1. ASMS is liable without limitation for damages caused by intentional or grossly negligent conduct of ASMS, its legal representatives or vicarious agents.
2. ASMS is further liable without limitation for damages resulting from injury to life, body or health that are based on a negligent breach of duty by ASMS or an intentional or negligent breach of duty by its legal representatives or vicarious agents.
3. In the event of a slightly negligent breach of an essential contractual obligation, ASMS is only liable for the damage typical for this type of contract and reasonably foreseeable. Essential contractual obligations are those obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the client may regularly rely.
4. In all other respects, liability of ASMS for damages caused by slight negligence is excluded, to the extent permitted by law.
5. The foregoing limitations of liability also apply in favour of the legal representatives, employees and vicarious agents of ASMS.
6. Liability under mandatory statutory provisions, in particular under the Product Liability Act (Produkthaftungsgesetz), remains unaffected.

§ 10 Copyright and Rights of Use

1. All training materials, presentations, documentation, checklists, working materials, examination materials and other content provided by ASMS are protected by copyright, insofar as they meet the statutory requirements for protection.
2. The materials provided may be used exclusively for personal use or for the expressly agreed operational training purpose.
3. Reproduction, publication, distribution, disclosure to third parties or commercial use of the training materials is not permitted without the prior express consent of ASMS in text form, unless such use is permitted by law.
4. This applies in particular to the adoption or further use of training concepts, presentations, examination questions, checklists and other teaching and learning materials developed by ASMS.
5. Recording of training events, in particular by image, audio or video recordings, is not permitted without the prior express consent of ASMS.
6. Participation in a training does not transfer any further rights of use or exploitation in the materials provided.

§ 11 Data Protection

1. ASMS processes personal data of clients and participants exclusively in accordance with the applicable data protection provisions.
2. Processing takes place in particular for the handling of registrations, for contract performance, for the organisation and delivery of the trainings and for invoicing.
3. Further information on the processing of personal data, on the rights of data subjects and on the respective legal bases can be found in the privacy policy on the ASMS website.

§ 12 Final Provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the registered office of ASMS is the exclusive place of jurisdiction for all disputes arising from the contractual relationship, to the extent permitted by law.
3. Pursuant to § 305b BGB, individual agreements between ASMS and the client take precedence over these Terms and Conditions.
4. Amendments and additions to individual agreements require text form, to the extent permitted by law. This does not apply to individually negotiated agreements, which may also be made without any particular form.
5. Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.