Conditions Générales

Nos conditions générales existent en deux versions : les conditions générales allemandes s'appliquent aux clients établis en Allemagne, les « General Terms and Conditions of Sale and Delivery (B2B) » en anglais, reproduites ci-dessous, à tous les autres clients.

I. Special Terms for Demo Appointments

1. Scope. These terms apply to demo appointments booked or requested via h-aero.com. They are directed exclusively at entrepreneurs (§ 14 German Civil Code, BGB), legal entities under public law and special funds under public law. Our General Terms and Conditions (Section II) apply in addition; in case of conflict, these Special Terms prevail.

2. Application demo in Baden-Baden (free of charge). Registration for the monthly application demo is free of charge and does not create an entitlement to the demo taking place. The number of participants is limited; places are allocated in the order of registration. We may postpone or cancel a date for good cause (in particular weather, technical or regulatory reasons); registered participants will be informed by e-mail. Reimbursement of travel or other expenses is excluded.

3. Exclusive demo. The exclusive demo at your preferred date costs EUR 2,500 net plus VAT. When booked through our online booking system, a deposit of EUR 1,750 is due; the balance is invoiced after the appointment. If the demo takes place at your site, we issue a quotation in advance; travel and expenses are shown separately.

4. Credit against purchase. If you purchase an h-aero® system or commission a pilot project within twelve months after the exclusive demo, we credit the demo fee paid in full against the purchase price or project remuneration.

5. Rescheduling and cancellation. An exclusive demo may be rescheduled or cancelled free of charge up to 14 days before the appointment; the deposit is refunded. For later cancellations we retain the deposit as lump-sum compensation unless you prove that a lower loss was incurred. One rescheduling within the 14-day period is free of charge provided the new date takes place within three months.

6. Conduct and safety. Demos take place only under suitable weather and safety conditions; the pilot in charge decides whether a demo goes ahead. Participants follow the safety instructions of our staff, in particular distances to the aircraft and the tether. Persons under 18 may attend only when accompanied.

7. Photo and video recordings. Recordings during a demo require our prior consent. We make recordings only with the consent of the persons shown.

8. Liability. The liability provisions of our General Terms and Conditions apply. A demo is a demonstration, not a warranty of particular characteristics or performance figures.

II. General Terms and Conditions of Sale and Delivery (B2B) · 2026

§ 1 Scope

(1) These Terms of Sale apply to all our business relationships with our customers (“Buyer”) where the Buyer is an entrepreneur (§ 14 German Civil Code, BGB), a legal entity under public law or a special fund under public law.

(2) They apply to the sale and/or delivery of movable goods (“Products”), associated software and firmware, and related data and engineering services. They apply as a framework agreement also to future transactions of the same kind, in their version current at the time of the Buyer’s order.

(3) These Terms apply exclusively. Conflicting, deviating or supplementary terms of the Buyer do not become part of the contract unless we have expressly agreed to them in writing.

(4) Operating, safety and maintenance instructions are provided separately in the product’s Operating & Safety Manual and do not form part of these Terms of Sale.

§ 2 Offers, Orders and Conclusion of Contract

(1) Our offers are subject to change and non-binding unless expressly designated as binding. Documents marked “indicative” are for orientation only and do not constitute a binding offer.

(2) The Buyer’s order constitutes a binding offer; the contract is concluded upon our written order confirmation or upon delivery. Authorized dealers and distributors act on the basis of their separate distribution agreement.

§ 3 Prices and Payment

(1) Prices are net in Euro (EUR), exclusive of statutory taxes, packaging, freight, insurance and helium (unless expressly stated). For intra-EU B2B supplies and exports the reverse-charge mechanism applies where legally available; the Buyer bears any import duties, taxes and fees at destination.

(2) Standard payment terms: 70 % deposit upon order confirmation (this triggers production), 30 % prior to dispatch. Early-payment or other incentives apply only where stated in the respective offer.

(3) Payment is made by bank transfer / SWIFT, without deduction, to the account stated on the invoice. The Buyer may set off only with undisputed or legally established counterclaims.

(4) Upon default, we are entitled to default interest of 9 percentage points above the base rate (§ 288 (2) BGB) and a lump sum of EUR 40, without prejudice to further damages. We do not bear the financing risk of staged or multi-year payment models.

§ 4 Delivery, Incoterms and Passing of Risk

(1) Delivery dates are approximate unless expressly agreed as fixed in writing. Default delivery term: EXW Baden-Baden (Incoterms 2020); DAP applies only where expressly agreed.

(2) The risk of accidental loss or deterioration passes to the Buyer upon handover of the Products to the carrier, at the latest upon leaving our facility. Reasonable partial deliveries are permitted.

§ 5 Retention of Title

(1) The Products remain our property until all claims arising from the business relationship have been paid in full. The Buyer may not pledge the Products or assign them as security prior to full payment.

(2) In the case of resale, the Buyer hereby assigns to us the resulting claims against its customers as security; we accept this assignment.

§ 6 Acceptance and Commissioning

(1) Acceptance testing is performed at our facility. We provide a video recording of the completed system; the Buyer’s confirmation of this recording triggers the balance invoice and dispatch.

(2) Full commissioning takes place at the operator’s site. If the Buyer puts the system into use, acceptance is deemed granted unless material defects are notified in writing without undue delay.

§ 7 Software, Firmware and Data Rights

(1) On-board software and firmware (including the LAPS platform) are licensed, not sold. We grant the Buyer a non-exclusive, non-transferable right to use the software solely to operate the delivered system. All intellectual property rights remain with us. Reverse engineering, decompilation and unauthorized modification are not permitted.

(2) We may provide updates (including over-the-air). The Buyer is responsible for secure operation, network security and access control on its side.

(3) Data captured by the Buyer through operation of the system belongs to the Buyer. Where we provide data or monitoring services, a separate data-services / data-processing agreement applies; both parties comply with the GDPR.

§ 8 Warranty

(1) We warrant that the Products are free from defects in materials and workmanship for 12 months from delivery, provided the prescribed maintenance and handling procedures are observed. The limitation period for defect claims is shortened to 12 months for B2B transactions, as permitted by law (this does not apply to claims under § 9 (1) sentence 1).

(2) The Buyer shall inspect the Products and notify defects in accordance with § 377 German Commercial Code (HGB). Our remedy is, at our option, repair or replacement (subsequent performance).

(3) Professional and commercial use is the intended use of the Products and does not void the warranty. Excluded are defects resulting from normal wear, misuse, accident, force majeure, unauthorized modification or repair, or the use of counterfeit or incompatible third-party components. Warranty applies only to Products purchased from an authorized HAT dealer; proof of purchase is required.

§ 9 Limitation of Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act (ProdHaftG).

(2) For ordinary negligence we are liable only for breach of a material contractual obligation (cardinal duty), limited to the foreseeable, contract-typical damage and in no event exceeding the price of the Product on which liability is based.

(3) Any further liability — in particular for indirect damage, consequential damage, lost profits or loss of production — is excluded within the limits of the foregoing.

§ 10 Export Control and Dual-Use

(1) The Buyer complies with all applicable export control and sanctions laws (incl. EU Dual-Use Regulation (EU) 2021/821 and the German Foreign Trade Ordinance, AWV). Resale or re-export may require an end-user certificate and our prior written consent.

(2) We may withhold or delay performance where required export approvals are pending or where performance would breach sanctions.

§ 11 Genuine Products and Authorized Dealers

Authentic h-aero® Products are sold only through authorized HAT dealers and distributors. We disclaim all support and warranty for counterfeit products or third-party products claiming compatibility with h-aero® products.

§ 12 Force Majeure

Events beyond our reasonable control (including war, pandemic, supply-chain disruption, shortage of helium or critical components, official measures) suspend the affected obligations for their duration. If such an event lasts longer than three months, either party may withdraw from the affected part of the contract.

§ 13 Data Protection

We process personal data in accordance with the GDPR and our privacy policy. Where data services are provided, the parties conclude a data-processing agreement (Art. 28 GDPR) as required.

§ 14 Final Provisions

(1) These Terms and the entire legal relationship between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of jurisdiction is Baden-Baden, the seat of HAT; we are also entitled to sue at the Buyer’s general place of jurisdiction. Place of performance is Baden-Baden.

(3) Amendments and supplements require text form. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.

Hybrid-Airplane Technologies GmbH · Lichtentaler Str. 14 · 76530 Baden-Baden · Germany · Geschäftsführer: Dr.-Ing. Csaba Singer · Handelsregister: HRB 726508, Amtsgericht Mannheim · USt.ID: DE309373560