General Terms and Conditions (AGB)

Section 1 — Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Drohnenauge — Mohimen Al Mahaini, Battenberg (Eder) (hereinafter "Contractor", "Drohnenauge" or "we") and the customer (hereinafter "Client") for the provision of drone services, in particular aerial photography (photo and video) and visual inspections.

(2) These GTC apply to both consumers (Section 13 BGB) and businesses (Section 14 BGB). Where individual provisions apply only to consumers or only to businesses, this is explicitly stated.

(3) Deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their validity in writing.

(4) By placing an order, the Client accepts these GTC.

Section 2 — Formation of Contract

(1) The presentation of services on drohnenauge.de, in price lists or in verbal discussions does not constitute a binding offer, but an invitation to submit an offer.

(2) The contract is concluded when the Contractor confirms the order in text form (e.g. by email) (order confirmation). Verbal side agreements require written confirmation.

(3) The scope of services is determined by the order confirmation. Changes or extensions to the order require a separate agreement.

Section 3 — Scope of Services

(1) The Contractor provides drone-based photo and video recordings as well as visual inspections in accordance with the agreed service description.

(2) The type, scope, number and format of the recordings are determined by the order confirmation or the selected service package.

(3) There is no entitlement to specific shooting perspectives, flight altitudes or flight routes. The actual execution depends on:
- Weather and wind conditions
- Aviation regulations and flight restrictions
- Safety requirements
- Technical capabilities of the deployed drone

(4) For visual roof inspections, the Contractor documents the visible condition. The Contractor does not provide structural or static assessments — professional evaluation is the responsibility of the relevant tradesperson or expert.

Section 4 — Prices and Payment

(1) The prices valid at the time of the order confirmation or those in the individual offer shall apply. All prices are in euros.

(2) In accordance with Section 19 UStG (German small business regulation), no VAT is charged.

(3) Deposit: For new customers, a deposit of 50% of the order value is due upon order confirmation. The remaining balance is due within 14 days of delivery of the results.

(4) For existing customers, the total amount is due within 14 days of delivery, unless otherwise agreed.

(5) Payment methods: bank transfer, PayPal or cash on site.

(6) Travel costs: Travel within 30 km of Battenberg (Eder) is included in the price. Beyond that, travel costs apply according to the current price list (30–60 km: EUR 0.50/km; over 60 km: on request).

(7) If the Client is in default of payment, the Contractor is entitled to charge default interest at the statutory rate (Section 288 BGB).

Section 5 — Appointments, Weather and Rescheduling

(1) Agreed shooting dates are subject to suitable weather and flight conditions.

(2) In case of unsuitable weather (strong wind, rain, fog, thunderstorms, poor visibility), the appointment will be rescheduled free of charge. The Contractor will inform the Client as early as possible.

(3) The decision regarding flight capability and safety rests solely with the pilot. This decision is not contestable.

(4) A replacement appointment will be arranged within 14 days of the cancelled date, provided weather conditions allow.

(5) Seasonal restrictions (e.g. early darkness in winter) may limit available shooting times. The Contractor will advise on this when scheduling.

Section 6 — Delivery and Deadlines

(1) Delivery of edited recordings is typically within 48 hours of the shooting date, unless otherwise specified in the selected package.

(2) Delivery is digital via download link, cloud storage or on a data carrier as agreed.

(3) Delivery deadlines are estimates and not binding fixed dates. In cases of force majeure, technical disruptions or unforeseen circumstances, deadlines are extended accordingly. The Contractor will inform the Client immediately of any delays.

(4) Upon delivery, the risk of accidental loss of data passes to the Client. The Contractor recommends backing up delivered data promptly. There is no obligation for the Contractor to retain data beyond 30 days after delivery.

Section 7 — Usage Rights and Copyright

(1) Upon full payment, the Client receives a simple, temporally and geographically unrestricted right of use for the delivered recordings for their own business or private purposes. This includes use on websites, property portals, social media, in print media and presentations.

(2) The copyright to all recordings remains with the Contractor (Sections 12–14 UrhG). No transfer of copyright takes place.

(3) Transfer of usage rights to third parties or sublicensing is only permitted with the prior written consent of the Contractor.

(4) The Contractor is entitled to use the recordings for their own portfolio, website and marketing purposes. The Client may object to this in writing at the time of the order or at any later date.

(5) Credit to the Contractor (e.g. "Photos: Drohnenauge") is appreciated but not mandatory.

(6) No usage rights exist before full payment. Recordings already in use must be removed upon request in case of payment default.

Section 8 — Client Obligations

(1) The Client ensures that the shooting location is accessible at the agreed time.

(2) Required permissions from third parties (e.g. property owners, building management, event organisers) must be obtained by the Client prior to the appointment.

(3) The Client informs the Contractor before the appointment about:
- Known flight restrictions or special conditions at the shooting location
- Persons present who need to be informed about the drone recordings
- Special wishes or requirements for the recordings

(4) Delays or additional effort due to lack of Client cooperation are at the Client's expense. Additional trips are charged according to the price list.

Section 9 — Cancellation and Withdrawal

(1) Free cancellation: The Client may cancel the order free of charge up to 48 hours before the agreed appointment.

(2) Partial cancellation fee: For cancellations between 24 and 48 hours before the appointment, 50% of the agreed order value is due.

(3) Full cancellation fee: For cancellations less than 24 hours before the appointment or in case of no-show, 100% of the agreed order value is due.

(4) Cancellations due to weather conditions are governed by Section 5 and are free of charge.

(5) Cancellations must be in text form (email, message).

(6) The statutory right of withdrawal for consumers (Section 12) remains unaffected and takes precedence over the cancellation provisions of this section.

Section 10 — Defects and Rectification

(1) The Client must inspect the delivered recordings without delay. Defects must be reported in writing within 14 days of delivery (notice of defects). After this period, the recordings are deemed accepted.

(2) In case of justified technical defects (e.g. incorrect exposure, blur, missing agreed recordings), the Contractor will, at their discretion, provide rectification or a free reshoot.

(3) There is no entitlement to a specific aesthetic result. Drone recordings are subject to the artistic discretion of the Contractor.

(4) Defects caused by force majeure, flight conditions or restrictions by third parties do not constitute a defect claim.

(5) If rectification fails after two attempts, the Client may demand a reduction in price. Withdrawal is only possible in case of material defects.

Section 11 — Liability

(1) The Contractor's liability for material damage and financial loss is limited to the amount of the respective order value.

(2) The limitation of liability does not apply in cases of:
- Intent or gross negligence
- Injury to life, body or health
- Breach of essential contractual obligations (cardinal obligations)
- Mandatory statutory liability provisions

(3) In case of breach of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract.

(4) The Contractor is not liable for damages arising from:
- Force majeure (storms, natural events)
- Acts or omissions of third parties
- Official flight restrictions or bans
- Lack of Client cooperation (Section 8)

(5) The Contractor holds drone liability insurance in accordance with the legal requirements of the EU Drone Regulation.

Section 12 — Right of Withdrawal (Consumers Only)

This section applies exclusively to Clients who are consumers within the meaning of Section 13 BGB.

Cancellation Policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Drohnenauge — Mohimen Al Mahaini
Hauptstraße 54
35088 Battenberg (Eder)
Phone: +49 163 2408404
Email: info@drohnenauge.de
W-IdNr.: DE461335780

by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of services provided for in the contract.

Premature Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely if the Contractor has fully provided the service and only began performing the service after the consumer gave their express consent and simultaneously confirmed their acknowledgement that they lose their right of withdrawal upon complete fulfilment of the contract by the Contractor (Section 356 (4) BGB).

Consent to Early Commencement of Service

By signing the service contract, the Client (consumer) expressly agrees that the Contractor may begin performing the service before the withdrawal period expires. The Client hereby confirms their acknowledgement that their right of withdrawal expires prematurely upon complete fulfilment of the contract by the Contractor pursuant to Section 356 (4) BGB.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To: Drohnenauge — Mohimen Al Mahaini, Hauptstraße 54, 35088 Battenberg (Eder), Email: info@drohnenauge.de, W-IdNr.: DE461335780

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:

Ordered on / received on (*): _______________
Name of consumer(s): _______________
Address of consumer(s): _______________
Date: _______________
Signature of consumer(s) (only for paper notification): _______________

(*) Delete as applicable.

Section 13 — Data Protection

(1) The Contractor collects and processes personal data of the Client solely for the purpose of contract execution and processing in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Further details are governed by the Privacy Policy.

(3) Where persons are identifiably depicted in drone recordings, a separate declaration of consent is required. This is not part of these GTC and will be obtained separately.

(4) The Client is responsible for informing persons on their premises about planned drone recordings (see Section 8 (3)).

Section 14 — Flight Regulations and Permits

(1) All drone flights are conducted in accordance with EU Implementing Regulation 2019/947, Delegated Regulation 2019/945 and national regulations (LuftVO, LuftVG).

(2) The Contractor is registered as a UAS operator with the German Federal Aviation Authority (LBA) and holds the required EU certificate of competence (A1/A3).

(3) The Contractor holds drone liability insurance pursuant to Section 43 (2) LuftVG.

(4) The decision on the feasibility and safety of a flight rests solely with the pilot. Official requirements, flight restrictions or safety concerns may mean that certain recordings are not possible or only possible to a limited extent. This does not give rise to any right to price reduction or compensation.

(5) For flights in special areas (e.g. nature reserves, control zones, airport vicinity), additional permits may be required. The Contractor will inform the Client whether a permit needs to be obtained and whether additional costs or waiting times are involved.

Section 15 — Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Battenberg (Eder). For consumers, the statutory place of jurisdiction applies.

(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the valid provision that comes closest to the economic purpose of the invalid provision shall apply.

(4) The Contractor reserves the right to amend these GTC for future contracts. For existing contracts, the GTC valid at the time of conclusion of the contract shall apply.

(5) The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Contractor is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.