General Terms and Conditions

GrowNow Group KG, Spengergasse 47, 1050 Vienna Austria

The GrowNow Group provides its services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between the GrowNow Group and the customer, even if they are not expressly referred to.

Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise expressly agreed in writing in individual cases. The GrowNow Group expressly contradicts the general terms and conditions of the customer. There is no need for the GrowNow Group to object to the general terms and conditions of the customer.

Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.

The version valid at the time of the conclusion of the contract is decisive.

Registrations
Registrations will be considered in the order in which they arrive. The GrowNow Group accepts registrations for the courses (consulting) of the AviationNow Airfreight Academy exclusively via the booking forms for the respective course (consulting) on www.airfreightacademy.com. Minimum and maximum numbers of participants apply to the courses. If a course consists of a series of courses (consultations), registration for this – unless individual registrations are offered – is only possible in its entirety; missed events cannot be made up for free of charge. Registrations for in-house courses (consulting) will be made through out a separate contract.

Conditions of participation
If the attendance of a course (consulting) is bound to certain admission conditions, these are listed separately in the course book, in the seminar or congress program and must be fulfilled by the participant. The right to attend a course (consulting) cannot be transferred to third parties.

Venue
All courses (consultations) take place at Linz Airport, Flughafenstrasse 1, A-4063 Hörsching, unless another venue or virtual set-up is offered by the GrowNow Group. If a complete course (consulting) is booked by a single customer and this course (consulting) takes place at a different location at the customer’s request, the customer is obliged to provide the necessary infrastructure and technical equipment, otherwise the additional or alternative costs incurred by the GrowNow Group are to be reimbursed in full.

Course fee
The course fee (consultation costs) is payable at least 21 days before the start of the course (consultation start), otherwise participation in the course (consultation) is excluded. Discounts cannot be deducted. Part payments are not possible. The course fee (consulting costs) includes the examination fee. In addition to the course fee (consulting
costs), value added tax of 20% will be charged. Unless expressly advertised and agreed, the course fee (consulting costs) does not include the costs for meals or overnight stays. For corporate customers who book in-house courses (consultations), the payment term of 14 days without deduction after the event has taken place is agreed.

Teaching unit
The duration of the courses (consultations) is given in days. In principle, a day of the course (consulting day) is divided into 8 hours including breaks. The duration of virtual courses (consultations) is given in hours.

Scripts, working documents
For many courses (consultations), the participants have access to scripts or learning documents, which, unless otherwise stated, are included in the course fee (consultancy costs) and are given out at the beginning of the course (consultancy start). It is not possible to purchase learning material separately from the GrowNow Group. The documents and software made available by the GrowNow Group may not be copied, distributed, held for sale, made available to the public or brought into circulation.

Image, video and sound recordings
The production of image, video and sound recordings of the learning material, of the lecture or of people during the courses (consultations) and exams is prohibited without exception.

Confirmation of participation
The confirmation in attending the courses (consultations) is issued free of charge if the participant, unless otherwise stipulated, has attended at least 75% of the event in question. The timely issue of a confirmation of participation requires the submission of the participant data no later than 21 days before the start of the event.

Examinations
In general, only persons who meet the required minimum attendance of the previous event and have paid the event fee in full are admitted to examinations. The GrowNow Group decides on the approval. Written examinations will not be handed out.

Changes in the course program / course cancellation
Due to the long-term planning, organizational changes to the program are possible. The completion of a course (consulting) also depends on a minimum number of participants. The GrowNow Group must therefore reserve the right to make changes to course days (consulting days), start times, dates, course locations (consulting location), trainers and possible cancellations of courses (consultings). The participants will be informed of this in a timely and appropriate manner. If a course (consulting) is canceled due to illness of the trainer (consultant) or as many participants to undercut the minimum number of participants needed for the respective course (consulting) or other unforeseen events, there is no entitlement to the implementation of (parts of) the course or the consulting. Compensation for expenses incurred and other claims against the GrowNow Group are not to be derived from this. The same applies to any postponements or changes to the schedule that are necessary at short notice.

If a course (consulting) has to be canceled, the course fees already paid (consulting costs) will be reimbursed without any deductions. The repayment will be made by transfer to an account notified in writing by the participant. For scripts and work documents that are not returned, the repayment will be reduced accordingly.

Cancellation conditions
Cancellations of booked courses (consultations) by the customer can only be accepted in writing by email to buchung@luftfrachtakademie.com. The cancellation takes effect on the day it is received by the GrowNow Group.

The following cancellation conditions apply in principle:
• Cancellations up to 21 calendar days before the start of the course (consultation start): free of charge
• Cancellations from 21 calendar days before the start of the course (consultation start): 50% of the course fee (consultation costs)
• Cancellations on the day of the course (consultation day) or afterwards: 100% of the course fee (consultation costs). This also applies to unexcused non-attendance to the course (consultation).

Price advantages by booking a series of courses (e.g. a series of seminars or a seminar package) are reversed if individual events are canceled.

The cancellation fee does not apply if the participant nominates a substitute participant corresponding to the target group, who attends the course (advice) and pays the course fee (consulting costs). However, the original participant remains liable for the course costs.

In the case of cancellations of booked courses (consultation) for reasons such as illness, quarantine, etc. and corresponding submission of a medical or official confirmation before the start of the course (consultation), the already made booking of the course (consultation) will be automatically rebooked to the next possible date of the same course (consultation).

In the event that a course (consultation) is canceled by the GrowNow Group, the booked participants will be automatically rebooked for the next course date of the same course.

Cancellation conditions for internal company courses (in-house)
• Cancellations up to 3 weeks before the start of the course (consultation start): free of charge
• Cancellations from 3 weeks before the start of the course (consultation start): 25% of the course fee (consultation costs)
• Cancellations from 2 weeks before the start of the course (consultation start): 50% of the course fee (consultation costs)
• Cancellations from 1 week before the start of the course (consultation start), on the day of the course (consultation day) or afterwards: 100% of the course fee (consultation costs)

All costs incurred by the GrowNow Group due to the cancellation of an in-house course, regardless of the time of cancellation, must be reimbursed in any case.

Postponements
In the event that the participant postpones an appointment, the cancellation conditions apply. Different provisions apply to in-house events:

In-house courses
• Postponement of dates up to 3 weeks before the start of the course (start of the consultation): free of charge
• Postponement of dates from 3 weeks before the start of the course (consultation start): 20% of the course fee (consultation costs)
• Postponements from 2 weeks before the start of the course (consultation start): 30% of the course fee (consultation costs)
• Postponements from 1 week before the start of the course (consultation start): 50% of the course fee (consultation costs)

A booked and postponed course (consultation) must be made up for within 6 months of the planned course date (consultation). In this case, the difference between the paid course fee (consulting costs) and the total course fee (consulting costs) will be charged.

If a booked and postponed course (consulting) is not made up for within 6 months of the course (advice), the paid course fee (consulting) is considered a cancellation fee and is neither refunded nor credited as a down payment on a course (consulting).

All costs incurred through the execution of the order are to be reimbursed regardless of the time of the postponement. 

Right of withdrawal
The following applies to distance sales:
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract (registration) is concluded. In order to exercise your right of withdrawal, you must inform us, GrowNow Group KG, address: Spengergasse 47, 1050 Vienna, email: buchung@luftfrachtakademie.com, by means of a clear declaration (e.g., a letter sent by post or email) about your Inform the decision to withdraw from this contract. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g., by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have to repay with immediately all payments that we have received from you, including delivery costs (this with the exception of the additional costs that result from the fact that you have chosen to use a different type of delivery and our cheaper standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. If you have requested that the services should commence during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract in comparison to the total scope of the services provided for in the contract. In the event of a revocation, documents handed over to the GrowNow Group must be returned intact, otherwise costs must be reimbursed.

Withdrawal from the training or consultancy contract
The GrowNow Group reserves the right, if there are significant reasons that lead to the unreasonable further participation towards other participants, speakers or employees of the GrowNow Group or to the unreasonable implementation of a course (consultation) lead to exclude participants from attending a course (consulting) or customers from making use of a course appointment (consulting appointment) and to withdraw from the contract. The already paid course costs (consulting costs) will be paid back on a pro rata basis. If the participant is in default of payment, the GrowNow Group has the option of withdrawing from the contract.

Duplicates of examination
Certificates examination certificates can also be issued as duplicates for previous years. The duplicate fee for this is € 50. Confirmations of participation are free of charge. A processing fee of € 50 will be charged for a translation of examination certificates.

Exclusion of liability
In cases of slight negligence, liability of the GrowNow Group and its employees, contractors or other vicarious agents for property damage or financial damage to the customer is excluded, regardless of whether it is direct or indirect damage, lost profit or consequential damage. Damage due to delay, impossibility, positive breach of contract, negligence when concluding the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. As far as the liability of the GrowNow Group is excluded or limited, this also applies to the personal liability of its employees, contractors or other vicarious agents. No liability claims can be made against the GrowNow Group for the application of the knowledge acquired by the GrowNow Group or for the correctness and topicality of the scripts, contributions or slides provided. The GrowNow Group accepts no liability for typographical or typographical errors in its publications and Internet pages.

Data protection
All personal details of the participants will be treated confidentially. The data will not be shared with third parties. By submitting the data, the participants or interested parties’ consent to personal data (first and last name, title, date of birth, passport number, place of birth, company name, company address, telephone numbers, e-mail addresses, sending address or Private address), which are transmitted electronically, by telephone, verbally, by fax or in writing, stored and used for the transmission of information and for quality assurance. This also includes the sending of the e-mail newsletter to the announced e-mail address/es. If the personal data of the participants have changed or if they do not want to receive any further mailings from us, we ask for notification to info@luftfrachtakademie.com. The customer expressly consents to the electronic processing and transmission of his / her disclosed data for the purpose of credit checks or collection within the meaning of the applicable data protection law.

References
Companies that become contractual partners of the GrowNow Group grant the GrowNow Group a right of use with regard to the use of the company name and logo for reference or advertising purposes.

Terms of use for the learning platform of the GrowNow Group
The access data for the learning platform (user name and password for login) will be sent to the participant at the start of the course. Passing on this access data to third parties is prohibited.

Copyright
The contents of this learning platform, in particular all scripts, contributions or slide sets, are protected by copyright. The content and information are only intended for the personal use of the respective participant for training purposes. The user undertakes to comply with all legal provisions, in particular the provisions of competition law and the protection of intellectual property, when using the learning platform.

Any further use, in particular the storage, duplication, translation, processing and any form of commercial use as well as passing on to other persons – also in parts or in revised form – without the consent of the GrowNow Group is prohibited. The user may only make works protected by copyright available on the learning platform with the consent of the author or rights holder. In the event of a violation, the GrowNow Group reserves the right to assert claims for damages. In the event of a claim against the GrowNow Group by a third party, which can be traced back to an illegal and culpable action of an authorized user, the organization concerned will hold harmless and harmless against the illegal user.

Sanctions
If a slight violation of these terms of use is noticed, the participant will be warned. If a serious or repeated violation of these terms of use is noticed, the respective authorized user will be revoked his/her right of use and his/her access to the learning platform will be blocked; this irrespective of the assertion of any further, in particular claims for damages against the authorized user. In the event of a ban brought about in this way, no course costs can be reimbursed to the participant.

Licenses and downloads
The use of any software that the GrowNow Group may offer for download is subject to the applicable license conditions of the authorized provider or the respective manufacturer (license agreement). These conditions are transferred as a file with the corresponding software or are available on request from the manufacturer / authorized provider of the software. The software cannot be installed without the user having previously accepted the terms of the license agreement. The eLearning content, software and all other electronic training documents made available on the learning platform are – unless expressly stated otherwise – intended exclusively for private use and use by course and event participants and may only be used within this framework. Other uses are not permitted and will be prosecuted under civil and / or criminal law. The GrowNow Group assumes no liability for damages that arise directly or indirectly through the use of the learning platform, such as, for example, from downloaded files, unless they were caused by the GrowNow Group with gross negligence or intent or concern personal injury.

Liability
The GrowNow Group operates the learning platform in accordance with the existing technical, economic, operational and organizational possibilities and therefore does not assume any liability for the availability, freedom from disruption or the uninterrupted, at any time retrievable operation of the learning platform and its Content. The GrowNow Group will always endeavor to eliminate faults of any kind as quickly as possible. The GrowNow Group is also entitled to interrupt the operation of the learning platform in an appropriate and reasonable manner, insofar as this is necessary for internal purposes, such as the maintenance of the learning platform or the feeding of new content. The GrowNow Group assumes no liability for the quality, correctness, topicality and/or completeness of third-party information, insofar as it is expressly marked as third-party information on the learning platform.Any liability for direct, indirect or other damage resulting from the use or unavailability of the data and information on this learning platform is excluded, regardless of their causes, except in the case of grossly negligent or willful damage to the participants by the GrowNow Group. This disclaimer does not apply to personal injury.

Any integration of individual pages of this learning platform in external frames is prohibited. Any change or falsification of information content within the learning platform is prohibited. In the event of the unauthorized placement of links, the GrowNow Group assumes no liability for the linked websites and the information provided there; The owner of the linked website is solely responsible for the content of an unauthorized linked website. Contents of the learning platform which, in the opinion of the GrowNow Group, reflect a dishonorable, insulting or a legal prohibition, represent a possible violation of property rights, such as trademark or copyright protection, or are used in any other illegal or inappropriately manner, must be requests by the GrowNow Group to be deleted immediately. If it becomes aware of any legal violations in this regard, the GrowNow Group can also remove this content from the learning platform immediately.

Virus protection: The GrowNow Group operates the learning platform according to the latest technical standards and always endeavors to keep the content of its website virus-free. Due to the technical circumstances, however, no guarantee or liability can be assumed for the virus-free learning platform. Before downloading information, software and files, each user is obliged to ensure their own protection, but also to prevent viruses from being infiltrated onto the learning platform, to take appropriate security precautions and to use appropriate virus scanners or other technical protective measures take care of these purposes.

Animal prohibition
General animal prohibition in the courses (consultations) of the GrowNow Group and in the seminar rooms, except for assistance dogs of people with special needs and animals that are required to convey the teaching content in the events, we ask for this timely notification.

Severability clause
Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal validity of all other provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the content and purpose of the legally ineffective or unenforceable provision.

Other provisions
Changes or additions to a contract must be made in writing. This also applies to changes to the written form requirement.

Note in terms of equal treatment
The GrowNow Group endeavors to formulate terms, designations and functional titles in a gender-neutral way or for both genders. If this does not always succeed, all courses (consultations) are of course equally open to all sexes – unless otherwise stated.

Place of jurisdiction and applicable law
The materially and locally competent court in Vienna. Austrian law applies exclusively.

Status: 1.1.2022