General Terms and Conditions (GTC)
1 Scope of applicability
1.1 General
The General Terms and Conditions (hereinafter referred to as “GTC“) apply to all legal transactions concluded via the online platform of www.volunt.aero (hereinafter referred to as “online platform“). The online platform is operated by Niederhäuser Solutions GmbH, Rossachernweg 14, 4537 Wiedlisbach (hereinafter referred to as “Nh Solutions“). The services provided on the online platform are services of Nh Solutions.
Nh Solutions reserves the right to change these GTC at any time. The version of these GTC that is valid at the time of the order is decisive and cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.
The online platform offers private aircraft operators (hereinafter referred to as “users”) to calculate emissions of their flying activities. The online platform uses a formula to determine CO2 emissions and non-CO2 emissions based on user input of type of fuel, duration of flight (true flight time), and average fuel consumption.
With the online platform, Nh Solutions aims to provide users an accessible way to voluntarily finance projects associated with reducing CO2 and non-CO2 emissions. This is achieved through climate protection initiatives of myclimate and additionally, for users of kerosene (Jet A-1) fuels, through purchasing Claims for Sustainable Aviation Fuel (hereinafter referred to as “SAF“). Users are presented with the amount of reduced or compensated CO2 on the online platform.
The following conditions apply exclusively to the services described above. The offer of services on the online platform (hereinafter referred to as “offer“) is directed exclusively to a clientele of private individuals with residence in Switzerland, specifically excluding Liechtenstein.
The offer is valid as long as the service can be found on the online platform.
Orders above an amount which can be considered normal for individuals operating private flights may be rejected without justification.
2 Information
2.1 Price of using service
Service description, price and information for payment can be taken from the user in the context of the respective offers on www.volunt.aero
All sales prices published in the web shop of the online platform are final prices, which include all taxes, levies, fees or costs.
Nh Solutions reserves the right to change the prices of the offers at any time. The price in the web shop at the time of order is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery time
Nh Solutions attaches great importance to indicate availability. Upon purchasing SAF Claims, we aim to see the purchased SAF being put into circulation within six months (as measured form the date of purchase) and will issue the SAF Claim Confirmation to the user within 30 days of the date of SAF delivery. However, and in particular due to production or delivery bottlenecks, there may be delays in the production and delivery of SAF and thus the associated SAF Claim Confirmation. All information on availability and delivery time is therefore without guarantee and may change at any time.
If Nh Solutions is in default of managing the SAF to be delivered into the aviation ecosystem within six months of the date of purchase. If after 30 days following the period of six months, the user has not received the SAF Claim Confirmation, the user (except for special orders) has the right to withdraw from the contract. In this case, Nh Solutions will refund to the user any amounts already paid in advance. Further claims against Nh Solutions do not exist.
2.3 Donations collected on behalf of myclimate
As part of their services, Nh Solutions collects and forwards donations to myclimate. Nh Solutions provides this service free of charge to users and does not receive any financial compensation from myclimate for providing this service on their behalf. Thus, the user is guaranteed that the full amount of donations collected by Nh Solutions is transferred to myclimate.
Furthermore, the Donation Agreement as stipulated in the General Terms and Conditions of myclimate is fully applicable for any donations collected by Nh Solutions through the online platform on behalf of myclimate.
3 Conclusion of contract
The offers and prices on the online platform are always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price indication.
The purchase contract for offers of Nh Solutions is concluded as soon as the user places his order in the web store, by phone or e-mail (hereinafter referred to as “purchase contract”).
The arrival of an online order is indicated to the users by means of an automatically generated order confirmation from Nh Solutions to the e-mail address provided by the user. The receipt of the automatically generated order confirmation does not constitute a commitment that the offer can actually be delivered. It merely indicates to the user that the submitted order has been received by the online platform and thus the contract with Nh Solutions has been concluded under the condition that delivery is possible and the price is correct.
4 Warranty
4.1 Technical availability of the service
The user is aware that unrestricted availability of the online platform and its services is not technically feasible. Nh Solutions accepts no liability in this respect. This also includes events beyond control of Nh Solutions, in particular disruptions of public communications networks and power failures, which inevitably lead to short-term disruptions or temporary suspension of the service. Nh Solutions plans their maintenance activities during times of low demand.
4.2 Third party services
Nh Solutions does not assume any liability for services provided by third parties.
5 Duties of users
5.1 Duty of truth
The user is obliged to provide complete and truthful information about themself, and the flights concerned, both during registration and when using the services of the online platform.
5.2 Change of data
The user must inform Nh Solutions immediately in writing of any changes to the data they have provided. Until the user notifies Nh Solutions in writing of any changes to the data provided when accessing Nh Solutions, the user’s data shall be deemed correct and complete by Nh Solutions.
5.3 Improper use of the service, liability
The user must report any misuse of the service if they detect such an abuse regarding their account or beyond. This includes any other misuse that is not related to their account, they can report it. The user can contact team@volunt.aero this purpose. If the user neglects to report the misuse in connection with their account in knowledge or ignores the misuse through gross negligence, the user shall be liable to Nh Solutions for any resulting damages. This shall not affect the liability of the user or their representative for misuse of the service. The user is responsible for the correctness and completeness of the data they have entered. Nh Solutions will not perform a check.
5.4 Duty to verify
The user must check issued confirmations immediately for correctness and completeness.
6 Liability and disclaimer
6.1 Liability
Liability is governed by the applicable legal provisions. However, in no event shall Nh Solutions be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of Nh Solutions’ auxiliary persons, whether contractual or non-contractual.
Nh Solutions shall not be liable for the correctness of the information made available by third parties and the information given in brochures regarding the emissions caused and the emission reductions achieved and other project information. Nh Solutions is also not liable for the occurrence of a concrete reduction in verifiable greenhouse gas emissions.
6.2 Limitation of liability
Nh Solutions disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect, or consequential damages, which might be incurred using or accessing the volunt.aero website, or any links to third-party websites. Nh Solutions does not guarantee that the individual parts of its volunt.aero websites will function without error. In addition, Nh Solutions disclaims any liability for manipulation of the computer system of the internet user by unauthorized persons.
7 Payment
7.1 Payment options
All payment claims of services, in particular the performance of CO2 compensation, purchased through Nh Solutions’ online platform are made directly to the user by Nh Solutions.
Payments must be made in Swiss Francs.
The user can use the payment options offered in the online platform under “Payment Options”.
The current payment method fees, which may be charged by Nh Solutions, can be seen under “Payment Options” and are shown in detail in the order process.
When paying by credit card or other instant payment methods, the charge is made at the time of order.
In case of payment in advance, the order will only be processed after receipt of the payment.
7.2 Default of payment
If the user fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the user to Nh Solutions under any title shall become due immediately (in case of prepayment within 8 calendar days from the 1st reminder) and Nh Solutions may immediately demand payment and stop further deliveries of offers to the user.
Nh Solutions will charge a handling fee of CHF 20.- for the 2nd reminder and a handling fee of CHF 40.- for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional effective annual interest rate of up to 15% on the invoice amount owed from the due date can be charged. The company charged with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
8 Revocation policy
8.1 Right of withdrawal
Nh Solutions grants the right to withdrawal from this contract within 14 days of the date of conclusion of this contract. The user is not required to state a reason for the withdrawal from this contract.
The user must notify Nh Solutions via the personal customer account or via email or written correspondence:
Niederhäuser Solutions GmbH
Rossachernweg 14
4537 Wiedlisbach
Switzerland
team@volunt.aero
8.2 Consequences of revocation
If the user revokes this agreement, Nh Solutions shall reimburse the user for all payments received from the user without delay and at the latest within fourteen days from the day on which Nh Solutions receives notification of the revocation of this agreement.
For this refund, Nh solutions will use the same means of payment as the user used for the original transaction.
If the user has requested that the services be commenced during the cancellation period, the user shall pay Nh Solutions a reasonable amount corresponding to the proportion of the services already provided by the time the user informs Nh Solutions of the exercise of the right of cancellation with respect to this agreement compared to the total scope of the services provided for in the agreement.
9 Further Provisions
9.1 Data protection
The Privacy Policy applies to the processing of personal data by Nh Solutions.
9.2 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
9.3 Place of jurisdiction and applicable law
All legal relations between Nh Solutions and the user are subject to Swiss substantive law. The Vienna Sales Convention is not applicable.
The following exclusive places of jurisdiction apply:
For all claims arising from sales contracts to which Nh Solutions is a party:
For claims of user, their domicile or Burgdorf, BE shall be the place of jurisdiction. In all other cases Burgdorf, BE is the exclusive place of jurisdiction.