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General terms and conditions

Article 1. Definitions In these general terms and conditions the following definitions apply:
> Contractor: Aircosta, 03759 Benidoleig, Spain
> Client: the other party of Aircosta

Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between Aircosta and a client to which Aircosta has declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.


2. These terms and conditions also apply to all agreements with Aircosta, for the implementation of which third parties must be involved.

Article 3. Quotations
1. All our offers are without obligation, unless a term for acceptance is stated in the quotation.


2. The quotations made by Aircosta are without obligation; they are valid for 30 days, unless otherwise stated. Aircosta is only bound to quotations if their acceptance is confirmed in writing by the other party within 30 days.
3. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.

Article 4. Call-out costs
Aircosta does not charge any call-out costs, but the starting time is the moment of departure from the business address.

Article 5. Execution of the agreement
1. Aircosta will execute the agreement to the best of its knowledge and ability.


2. If and insofar as proper execution of the agreement requires this, Aircosta has the right to have certain work carried out by third parties.

3. The client ensures that all information that Aircosta indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to Aircosta in a timely manner. If the information required for the execution of the agreement has not been provided to Aircosta in a timely manner, Aircosta has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay at the usual rates.


4. Aircosta is not liable for damage of any nature whatsoever because Aircosta relied on incorrect and/or incomplete information provided by the client, unless it should have been aware of this incorrectness or incompleteness.


5. If it has been agreed that the agreement will be executed in phases, Aircosta may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

Article 6. Contract duration; execution period
1. The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.
2. If a term has been agreed within the term of the agreement for the completion of certain work, this is never a strict deadline. If the execution period is exceeded, the client must therefore give Aircosta written notice of default.

Article 7. Changes to the agreement
1. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement in a timely manner and in mutual consultation.


2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Aircosta will inform the client of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, Aircosta will inform the client of this in advance.
4. If a fixed fee has been agreed, Aircosta will indicate to what extent the amendment or addition to the agreement will result in this fee being exceeded.

Article 8. Confidentiality
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.

Article 9. Intellectual property
1. Without prejudice to the provisions of Article 7 of these conditions, Aircosta reserves the rights and powers vested in it under the Copyright Act.

2. All documents provided by Aircosta, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public or published by him without prior permission from Aircosta. brought to the attention of third parties.

3. Aircosta also reserves the right to share the knowledge gained through the performance of the work with others.

Article 10. Termination
Both parties can terminate the agreement in writing at any time. In that case, parties must observe a notice period of at least 1 month.

Article 11. Dissolution of the agreement
1. Aircosta's claims on the client are immediately due and payable in the following cases:

• 1. Circumstances that come to Aircosta's attention after the conclusion of the agreement give Aircosta good reason to fear that the client will not comply will meet its obligations;


• 2. if Aircosta has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.


2. In the cases mentioned, Aircosta is entitled to suspend further execution of the agreement or to dissolve the agreement, without prejudice to Aircosta's right to claim damages.

• 3. If the agreed work is carried out by third parties not appointed by Aircosta. 

Article 12. Defects; Complaint periods
1. Complaints about the work performed must be reported in writing by the client to Aircosta within 8 days of discovery, but no later than 14 days after publication or delivery of the work in question.
2. If a complaint is justified, Aircosta will still carry out the work as agreed, unless this has demonstrably become pointless for the client. The latter must be communicated in writing by the client.
3. If it is no longer possible or useful to provide the agreed services, Aircosta will only be liable within the limits of Article 16.
4. If the work is carried out by third parties, all warranties and complaints will lapse.

Article 13. Fees
1. Paragraphs 2, 5 and 6 of this article apply to offers and agreements in which a fixed fee is offered or has been agreed. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.


2. Parties can agree on a fixed fee when concluding the agreement. The fixed fee is exclusive of VAT.


3. If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated according to Aircosta's usual hourly rates, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.


4. Any cost estimates are exclusive of VAT.


5. For orders with a term of more than one month, the costs due will be charged periodically.


6. If Aircosta agrees on a fixed fee or hourly rate with the client, Aircosta is nevertheless entitled to increase this fee or rate. Aircosta may pass on price increases if Aircosta can demonstrate that significant price changes have occurred between the time of offer and delivery, for example with regard to wages.

Article 14. Payment
1. Payment must be made within 14 days after the invoice date, in a manner to be specified by Aircosta in the currency in which the invoice was issued.


2. After 14 days have elapsed after the invoice date, the client is in default; From the moment of default, the client owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.


3. In the event of liquidation, bankruptcy or suspension of payment of the client, Aircosta's claims and the client's obligations towards Aircosta will be immediately due and payable.
4. Payments made by the client always serve firstly to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.

Article 15. Collection costs
1. If the client is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the client. In any case, the client owes:

• 1. on the first € 3,000,- 15%

• 2. on the excess up to € 6,000,- 10%

• 3. on the excess up to € 15,000,- 8%

• 4. on the excess up to € 60,000 5%

• 5. on the excess 3%

2. If Aircosta demonstrates that it has incurred higher costs that are reasonably necessary were, these are also eligible for reimbursement.

Article 16. Liability
1. If Aircosta is liable, then that liability is limited as follows:

• 1. Aircosta's liability, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.


• 2. If in any case the insurer does not pay out or damage is not covered by the insurance, Aircosta's liability is limited to the invoice value of the assignment, or at least that part of the assignment to which the liability relates.


• 3. Notwithstanding what is stated above in paragraph 2 of this article, for an assignment with a term longer than six months, liability is further limited to the part of the fee owed for the last six months.


• 4. Aircosta is never liable for consequential damage.


• 5. Aircosta is never liable for damage caused by (temporarily) non- (optimal) functioning of data communication on (parts of) the so-called world wide web (www).

Article 17. Force majeure
1. In these general terms and conditions, force majeure means, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which Aircosta has no influence, but as a result of which Aircosta is unable to is to fulfill its obligations. This includes strikes in the Aircosta company. This also includes the (optimal) functioning of (parts of) the so-called world wide web (www).


2. Aircosta also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Aircosta should have fulfilled its obligation.


3. During force majeure, Aircosta's obligations are suspended. If the period in which fulfillment of the obligations by Aircosta is not possible due to force majeure lasts longer than 2 months, both parties are entitled to terminate the agreement without any obligation to pay compensation in that case.


4. If Aircosta has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already performed or executable and the client is obliged to pay this invoice as if it were and a separate contract. However, this does not apply if the already executed or executable part has no independent value.

Article 18. Dispute resolution
The judge in the place of residence of Aircosta has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Aircosta has the right to summon its counterparty before the legally competent court.

Article 19. Applicable law
European law applies to every agreement between Aircosta and the client.

Article 20. Changes and location of the terms and conditions
The General Terms and Conditions can be found on aircosta.es.