GENERAL TERMS AND CONDITIONS OF COLLECTAIRS^®

Valid from 01.01.2022

1. Scope of application

The following General Terms and Conditions of Use contain the basic rules for the use of the online platform CollectAirs of

(hereinafter referred to as "CollectAirs") and for all, including future, legal transactions and actions similar to legal transactions between the user and CollectAirs. Terms and conditions of the user deviating from these terms and conditions shall not apply.

For providers, the separate Terms of Use for Providers also apply.

2. Subject

2.1 CollectAirs operates an online platform which enables the conclusion of contracts of all kinds between Users (referred to as: Service) related to aircraft and aviation-related assets (e.g., listings, inquiries, and transactions). CollectAirs itself does not offer aircraft or assets for sale and does not become party to the contracts to be concluded unless expressly stated. These are concluded exclusively between individual users.

2.2"Users" in the sense of these Terms of Use are all natural persons or legal entities or associations of persons who use the service of CollectAirs for information purposes or for initiating or concluding contracts, irrespective of whether they intend to conclude such contracts as buyers or sellers.

3. Registration / User Account

3.1 The use of the Service is generally possible without registration. Registration is only required for the use of certain functions of the Service or when using the Service as a Buyer/Seller.

3.2 By registering, a contract on the use of the Service is concluded between the User and CollectAirs. The registration and the creation of the user account are free of charge. Minors and other natural persons without or with limited legal capacity are not allowed to register.

3.3The user is obliged to provide the data collected during registration truthfully and completely. In case of a change of the collected data after registration the User has to update his data in his user account immediately or – if this is not possible – to inform CollectAirs immediately about the changes. By submitting the registration form the User makes an offer to enter into a user agreement with CollectAirs, agrees to CollectAirs's General Terms of Use and assures that he is not excluded from using the Service according to section 3.2.

3.4CollectAirs reserves the right to refuse the User's registration without giving reasons.

3.5If CollectAirs accepts the registration, the User will receive a confirmation e-mail which also summarizes the User's most important data. Upon receipt of the confirmation e-mail the user agreement between CollectAirs and the User is concluded. In order to complete the registration, the User must reply to the confirmation e-mail in accordance with the instructions contained therein.

3.6When registering, the User may specify a user name and password (hereinafter referred to as "Access Data") within the scope of technical possibilities. User names whose use violates the rights of third parties, in particular rights to a name or trademark, or which are otherwise illegal or contrary to public morality, are not permitted. The user must keep the access data secret and protect it from access by unauthorized third parties. If the User has lost his access data or if he notices or suspects that his access data is being used by a third party, he has to inform CollectAirs immediately.

3.7 CollectAirs is entitled to block the user account immediately:

• If false information was provided during registration

• In case of loss or suspected misuse of the access data by a third party

• If the user has violated the General Terms of Use of CollectAirs

• Or if there is any other important reason

In case of blocking of the user account, the affected user is prohibited from re-registering with CollectAirs and from opening a new user account until CollectAirs has given its explicit prior consent.

4. Conclusion of brokerage contracts

4.1 The User can make a binding request and/or a non-binding request via the specified listings or a contact form / by email. With the confirmation of the request by CollectAirs a separate brokerage contract between CollectAirs and the respective user will be concluded, insofar as CollectAirs provides a brokerage service in the specific case. Payment is only possible by bank transfer, credit card, or PayPal – Cash payment is not possible! Within the framework of a reservation and/or paid service, the user undertakes to pay the corresponding invoice within a short period of time, at the latest, however, within a period of 7 days from the date of the invoice – otherwise CollectAirs is entitled to cancel the reservation again and to charge the user the corresponding cancellation fees (if applicable).

4.2.1 Cancellation of contract between users:
In case of cancellation by a user, cancellation fees and conditions may be charged by the respective contractual partner in accordance with their agreement and applicable law. The buyer is free to provide evidence that the damage incurred was less.

4.2.2 Cancellation of brokerage contract:
The brokerage contract remains unaffected by a cancellation of the contract between users, regardless of whether it is made by the User or the respective contractual partner, unless mandatory law provides otherwise. In case of cancellation, CollectAirs may be obliged to enable subsequent fulfillment of a comparable service only if this has been contractually agreed for the specific service.

4.3 The use of the Service for committing crimes, fraud, or for offering prohibited goods is prohibited. In the event of unlawful use, CollectAirs reserves the right to block accounts, remove content, and pursue legal action.

4.4 The information about the listed aircraft/assets is provided by the listing users. CollectAirs therefore does not guarantee the accuracy and timeliness of this information.

4.5 CollectAirs makes every effort to prevent fraudulent use of the service. Unfortunately, however, it cannot be ruled out that this happens nevertheless in individual cases. Therefore, CollectAirs cannot assume any liability that the identity of a user corresponds to the information provided by him. It is recommended to establish the identity of the respective other contracting party before exchanging services.

5. Use of personal data by users

Contact data of others contained in CollectAirs's service or of which the user otherwise becomes aware in the course of using the service may only be used by the respective contracting parties for the purpose of processing concluded contracts. In particular, it is prohibited to use such data for advertising purposes and to send the data subject unsolicited e-mail, fax or postal mail advertising or to make unsolicited telephone contact with the data subject.

6. Use of personal data by CollectAirs

Contact data of the users, which are collected in the service of CollectAirs or of which CollectAirs gains knowledge in the course of using the service, may be used by CollectAirs both for the purpose of processing concluded contracts and to send the user e-mail, fax or postal mail advertising or to contact him by telephone.

7. Termination

7.1 The User may terminate this User Agreement at any time. For termination it is sufficient to send a corresponding declaration in text form to the contact details mentioned in clause 4.

7.2 CollectAirs may terminate the User Agreement at any time subject to a notice period of two weeks. The right of extraordinary termination remains unaffected.

8. Liability

8.1 CollectAirs shall be liable for damages of the Users according to the statutory provisions, provided that the damages have been caused intentionally or by gross negligence, they are the consequence of the non-existence of a guaranteed quality of the service, they are based on a culpable violation of essential contractual obligations (see paragraph 2), they are the consequence of a culpable injury to health, body or life, or for which a liability according to the Product Liability Act is provided.

8.2 Material contractual obligations are those contractual obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the violation of which, on the other hand, jeopardizes the achievement of the purpose of the contract.

8.3 In all other respects, both our liability and that of our vicarious agents and assistants shall be excluded, irrespective of the legal grounds.

9. Indemnification

9.1 The User indemnifies CollectAirs from all claims of third parties, which they assert against CollectAirs because of posted contents. The indemnification includes in particular the costs of a necessary legal defense.

9.2 In case of a claim against CollectAirs the user is obliged to provide immediately, truthfully and completely all information CollectAirs needs for the examination of the claims and the defense.

10. Prohibition of set-off

The User is not entitled to set-off, unless the counterclaims have been legally established or are not disputed by CollectAirs.

11. Place of Jurisdiction/Applicable Law

11.1 If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Magdeburg.

11.2 The contract shall be governed exclusively by the laws of the Federal Republic of Germany.

12. Changes to the General Terms of Use

12.1CollectAirs has the right to supplement the General Terms of Use with regulations for the use of any newly introduced additional functions. The planned changes of the Terms of Use will be announced to the User by e-mail to the e-mail address provided by the User at least four weeks before the planned coming into force. The User's consent to the amendment of the Terms of Use shall be deemed granted if he does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, starting with the day following the notification of the amendment. CollectAirs undertakes to separately point out in the notice of change the possibility of objection, the period for objection, the text form requirement as well as the meaning or the consequences of failure to object.

12.2 If the User objects to the amendment of the Terms of Use in due form and time, the contractual relationship shall be continued under the previous terms and conditions. In this case CollectAirs reserves the right to terminate the contractual relationship.

12.3An amendment of the Terms of Use with the User's express consent is possible at any time.

13. Miscellaneous

13.1 The contractual relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.

13.2 In the event that one of the provisions of these Terms of Use is invalid or partially invalid, this shall not affect the validity of the remaining provisions. An invalid or partially invalid provision shall be replaced by the provision that comes closest to the original provision from an economic point of view.

Special terms and conditions for the use of CollectAirs^® by Providers

Valid as of 01.01.2019

1. Scope of application

1.1 The following Special Terms and Conditions contain the additional rules for the use of the online services of

by Providers (in the following: "Special Terms and Conditions"). They apply to all, also future legal transactions and acts similar to legal transactions between the provider and CollectAirs. Terms and conditions of the provider deviating from these terms and conditions shall not apply.

1.2 If the following Special Terms and Conditions contain provisions that deviate from the General Terms and Conditions of Use applicable to all Users, the Special Terms and Conditions shall take precedence over the General Terms and Conditions of Use.

2. Content of the Service, Registration

2.1Registration is required to use the Service as a Provider. This registration is free of charge. In return, commercial providers are only obligated to place the CollectAirs logo including a link to "www.collectairs.com" on their homepage.

2.2 Depending on the contract model, costs are incurred by the provider either when listing items and for related additional services, when interested users contact CollectAirs or when concluding a contract with a buyer. When concluding a contract with CollectAirs, the provider may avail himself of the assistance of a sales consultant. In this case, a one-time processing fee will be charged, which will be agreed upon individually.

2.3 Registration as a provider is in principle only permitted for commercial purposes, registration as a consumer is excluded. The only exception to this is the commission model described in section 4.1, which also allows consumers to register as providers.

2.4 By submitting the registration form, a corresponding email or accepting a referred customer, the provider makes an offer to conclude a usage agreement with CollectAirs, agrees to the General Terms of Use and the Special Terms and Conditions for Providers and assures that he is not excluded from using the service according to section 2.2 of these terms and conditions or section 3.2 of the General Terms of Use. With regard to registration as a Provider, the provisions of sections 3.2, 3.3, 3.5 and 3.7 of the General Terms of Use shall apply accordingly.

2.5 The provision of the contractual services and the execution of the concluded contract is the responsibility of the contracting parties.

3. Conclusion of contracts

3.1 If a buyer makes an inquiry via contact form, the transmitted contact data will not be displayed to the provider for the time being.

3.2 The request, after checking availability (if applicable), will be sent to the provider first as a confirmed booking/inquiry for the purchase/transaction.

4. Contract models

4.1 CollectAirs offers different contract models.

4.2 The prices result from the current price list of CollectAirs, unless a different price has been agreed individually.

4.3 Fee Policy. Listing aircraft and placing bids on CollectAirs is free of charge. Fees apply only at the final step if the aircraft is sold. The total success fee is 10% of the brokered gross turnover, split equally: 5% paid by the seller and 5% paid by the buyer. The provider is obliged towards CollectAirs to communicate the real turnover value of the transaction after conclusion of the contract; CollectAirs will then issue the corresponding commission invoices to the seller and the buyer in accordance with this split.

5. Supplementary services

5.1 In addition to the contract models, the provider can conclude additional contracts for supplementary services (for example, for preferred positioning, advertising banners, highlighted images, editorial content, etc.). Additional services can either be booked directly through the corresponding function on CollectAirs or through the personal contact partner of the provider and will be activated afterwards.

5.2 The additional contracts shall be extended by the respective original term, however, by a maximum of 12 months, if they have not been terminated by one of the parties within one month prior to the expiry of the term – with the exception of additional contracts with a fixed end date. The right to extraordinary termination for an important reason remains unaffected by this.

6. Price increases

6.1 CollectAirs is entitled to increase prices if the producer price index for advertising space (currently base 2010 = 100), published by the Federal Statistical Office, has changed upwards compared to the level at the beginning of the contractual relationship or compared to the level at the time of the last index-related adjustment of prices. The average of the past four calendar quarters shall apply. The adjustment will be made at the end of the contract term by CollectAirs notifying the customer of the new prices at least four months before the end of the contract term.

6.2 In case the price index mentioned in clause 6.1 is no longer continued and published, CollectAirs will, at its reasonable discretion, from that time on, fix itself on the price index determined and continued to be published by the Federal Statistical Office or the then competent authority, which comes closest to the economic approach of the discontinued price index.

6.3 The provider can terminate the contract at the end of the contract term after notification of the price increase in accordance with section 6.1. If the provider does not terminate the contract, the contract term will be extended according to clause 4.2; the prices notified by CollectAirs will then apply as of the extension.

6.4 A price increase according to this clause 6 is excluded in the case of remuneration claims according to the commission model.

7. Placement of offers, information

7.1The provider has the possibility to have individual items (aircraft and aviation-related assets) placed in the service and to offer them via the service. The posted offers can be booked via the service "www.collectairs.com" as well as completely or partially via partner portals which CollectAirs operates in cooperation with other internet providers and in which the service is completely or partially integrated.

7.2 The provider is obliged to place the offered item in a suitable category, to describe it correctly and completely, as well as to truthfully state all conditions and characteristics and features that are essential for the decision. The provider shall comply with the provisions of the Law against Unfair Competition. The information must not be misleading, it must not concern self-evident facts, and it must not give the impression that the competition uses unfair means.

7.3 If the provider also accepts consumers, the price stated in the offer shall be indicated as the final price including value added tax and other price components, stating the time reference for which this price applies.

7.4 The provider is obligated to provide all information required by statutory provisions for distance contracts in the prescribed form and at the prescribed time, in particular to disclose its identity, to provide its address for service and, if applicable, to refer to the statutory right of withdrawal. This information shall be provided at the latest when answering the request.

7.5 If the provider describes the offered item in more detail by means of images, he assures by uploading/transmitting the images that their use within the scope of the service does not violate any third-party rights, in particular third-party copyrights or personal rights. Images must depict the offered item itself. An illustration of brand or company names of the provider and official registration marks/plates may be restricted by CollectAirs rules. CollectAirs is entitled to demand proof in an appropriate form.

7.6 The provider is obliged to remove / have removed offers posted by him immediately from the service, if they are no longer offered.

7.7 The provider is also obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. In case of a change of the deposited data the provider has to update his information in his user account immediately or – if this is not possible – to inform CollectAirs immediately about the changes.

7.8 If items or services are offered in the service specifically for certain regions, the provider may only charge such travel or journey costs within these regions that are shown as a flat rate in the final price.

8. Prohibited offers

8.1 It is prohibited to post and offer items in the Service:

• whose offering is punishable by law or an administrative offence

• whose offering, making available or advertising violates the property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility model rights or design patent rights) or other rights of third parties (see also section 7)

• which display signs of unconstitutional organizations.

8.2 CollectAirs reserves the right to remove offers which violate these Special Terms and Conditions or applicable law without giving reasons and without prior warning.

9. Exclusion of offers

CollectAirs reserves the right to exclude offers from the Service that do not meet the minimum criteria prescribed by CollectAirs.

10. Prohibited information

10.1 The description provided by the provider, including uploaded images and documents, shall not contain any advertising for products other than the offered item, unless expressly approved by CollectAirs.

10.2 The linking to external internet offers or an internet offer operated by the provider is only permitted with the express consent of CollectAirs.

10.3The naming of the provider's contact details within the description, including the brief description and the title, is not permitted.

11. Deviating agreements

Any agreements deviating from these Terms of Use shall be confirmed immediately in text form by both parties for evidence purposes. The same applies to the agreement of prices that deviate from the price list. Clause 6 remains unaffected.