Legal · GDDC GmbH

Terms

GDDC GmbH · Eckernförde · Germany

General terms and conditions for GDDC GmbH services.

Server location · GermanyGDPR

Valid from: 1 July 2026

GDDC GmbH
Marienthaler Straße 12
24340 Eckernförde
Represented by: Pierre Fastrich (CEO), Dr. Gabriele Zell
Commercial Register HRB 20813, Kiel District Court
VAT ID: DE314639133
Email: kontakt@gddc-sh.de

These General Terms and Conditions (GTC) apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.

These General Terms and Conditions (GTC) apply to all current and future business relationships between GDDC GmbH (hereinafter referred to as "GDDC") and its clients regarding consulting, service, work and other services, unless expressly agreed otherwise in writing or in text form.

These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law.

Conflicting, deviating or supplementary general terms and conditions of the Client shall not apply, even if GDDC does not expressly object to their validity in the individual case or provides services without reservation.

Offers from GDDC are subject to change and non-binding, unless they are expressly stated to be binding.

A contract is only concluded by the written or text order confirmation by GDDC or by the actual commencement of the provision of services.

Changes or additions to the contract must be confirmed by GDDC in written or text form.

The subject matter of the contract is in particular

  • Consulting services,
  • the preparation of operational documentation,
  • support in licensing and approval procedures,
  • the implementation of drone flight operations,
  • inspection and surveying services,
  • photo and video recordings,
  • Sale of UAS
  • training and
  • other agreed services or work.

The specific scope of services results exclusively from the respective offer, the order confirmation or a separate written agreement.

Unless expressly agreed in writing, GDDC does not owe any specific economic or regulatory success.

In particular, GDDC does not guarantee that requested permits or operating licenses will be issued by authorities.

GDDC provides its services in accordance with the recognised rules of technology, the relevant legal provisions and the applicable European and national regulations for the operation of unmanned aerial systems (UAS).

These include, in particular, the applicable regulations of the European Union as well as national aviation regulations.

The type, scope and timing of the service result from the respective contract.

GDDC is entitled to use qualified employees and suitable subcontractors for the performance of the contract.

Insofar as this is technically or organisationally necessary, services may be provided in partial services, provided that this does not result in unreasonable disadvantages for the Client.

Insofar as GDDC supports the Client in applying for operating licences or other official procedures, the service is limited to the professional preparation and support of the respective procedure.

The decision on the granting of a permit lies exclusively with the respective competent authority.

There is no entitlement to the issuance of a permit.

If agreed, GDDC prepares documentation, test reports or evaluations to the best of its professional knowledge.

These serve to inform the client and do not replace legally required tests or decisions by authorities, experts or other authorised bodies.

The prices agreed in the respective offer or order confirmation apply.

All prices are in euros plus the applicable statutory sales tax.

Ancillary costs, in particular travel, accommodation, shipping, permit or third-party service costs, will be charged separately, unless otherwise agreed.

If the costs for personnel, materials, energy or external services change unforeseeably and significantly after the conclusion of the contract and if there is a period of more than four months between the conclusion of the contract and the provision of services, GDDC is entitled to make an appropriate adjustment to the remuneration.

The client will be informed of a price change in good time.

Unless otherwise agreed,

  • in the case of the purchase of UAS: 50% of the order amount due as an advance payment after the order has been placed and invoiced,
  • the remaining remuneration is payable without deduction within 14 calendar days after full performance of services and invoicing.
  • Prepayment for training courses

The provision of documentation or work results may be withheld until full payment has been received, to the extent permitted by law.

Invoices may be sent to the Client in electronic form (PDF by email). The Client accepts this form of invoicing as binding.

In the event of late payment, the legal regulations apply.

GDDC is entitled to claim default interest at the statutory rate as well as any proven default damage in excess of this.

The client can only offset claims that have been legally established or undisputed.

The Client shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.

If, after the conclusion of the contract, circumstances become known that give rise to doubts about the Client's solvency, GDDC shall be entitled to defer outstanding services until appropriate securities or advance payments have been provided.

When selling UAS or other goods, title remains with GDDC until all claims under the contract have been paid in full. The Client is not entitled to pledge, transfer ownership of, or otherwise grant rights in goods subject to retention of title to third parties.

Delivery and execution dates are agreed between the contracting parties. Unless expressly agreed to be binding, dates are only considered non-binding guideline values.

Delays beyond GDDC's control will extend agreed performance deadlines appropriately.

Services that require the use of unmanned aerial systems (UAS) can only be carried out if:

  • the necessary official approvals have been obtained,
  • the statutory operating requirements are met,
  • there are no official prohibitions to the contrary,
  • the weather and visibility conditions allow safe flight operations, and
  • no other security-relevant circumstances prevent the implementation.

If a planned assignment cannot be carried out for these reasons, an alternative date will be arranged. There are no further claims on the part of the Client from this, provided that GDDC is not responsible for the delay.

The Client shall provide GDDC with all information, documents and contact persons required for the execution of the order in a timely and complete manner.

These include, in particular:

  • Plans,
  • Permits,
  • Location information,
  • Contact person on site,
  • Safety requirements,
  • Access options as well as
  • any other information necessary for the implementation.

The Client guarantees that the documents provided are complete and accurate.

A legal or technical examination of the documents provided is only owed if this has been expressly agreed.

If the execution of the order is delayed for reasons for which the Client is responsible, GDDC shall be entitled to invoice any additional costs incurred as a result separately.

These include, in particular:

  • additional journeys,
  • Waiting times,
  • personnel expenses,
  • Travel expenses,
  • Accommodation costs,
  • renewed flight preparations,
  • costs for subcontractors and
  • approval or voting procedures that are required again.

Neither party shall be liable for any delays or impediments to performance caused by force majeure events.

These include, in particular:

  • natural events,
  • Storms,
  • Flooding,
  • Storm,
  • Lightning strike,
  • War,
  • terrorist attacks,
  • pandemics,
  • official orders,
  • strikes,
  • lockouts,
  • energy supply disruptions,
  • failures of public communications networks and
  • other unforeseeable events beyond the control of the contracting parties.

If the impediment to performance lasts longer than three months, both parties to the contract are entitled to withdraw from the contract with regard to the part that has not yet been fulfilled.

Insofar as work is owed, the Client must accept the services immediately after completion.

Acceptance may only be refused because of significant defects.

If no written notification of defects is given within ten working days of handover and the service is used or further processed, it shall be deemed to have been accepted, provided that the Client has been informed of this legal consequence.

Recognizable deficiencies must be reported to GDDC immediately after they have been discovered in writing or in text form.

The defects must be described in a comprehensible manner and, as far as possible, documented by suitable documents or images.

If there is a defect for which GDDC is responsible, GDDC is entitled, at its own discretion, to

  • to remedy the defect or
  • to perform the service again.

If the supplementary performance fails or is unreasonable, the Client's further rights shall be governed by the statutory provisions.

Insofar as GDDC supports the Client in approval procedures, GDDC is only obliged to process the order professionally.

The decision on the granting of a permit is the sole responsibility of the competent authority.

There is no entitlement to the issuance of a permit.

There is no warranty for defects or damages that are based on

  • incorrect information provided by the client,
  • subsequent changes,
  • improper use,
  • Changes by third parties or
  • circumstances beyond GDDC's control.

GDDC is liable according to the statutory provisions

  • in case of intent,
  • in the event of gross negligence,
  • in the event of culpable injury to life, limb or health,
  • under the Product Liability Act,
  • in the event of fraudulent concealment of a defect, and
  • in the case of expressly assumed guarantees.

In the event of a slightly negligent breach of essential contractual obligations, GDDC shall be liable exclusively for the foreseeable damage typical for the contract.

Essential contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract in the first place and on the fulfilment of which the Client may regularly rely.

In all other respects, liability for simple negligence is excluded.

The Client is obliged to immediately check the data and documentation received for completeness and to make suitable backup copies.

GDDC is only liable for data loss to the extent that the damage would have occurred even if the data had been properly backed up.

Claims by the Client for property damage and financial losses shall be time-barred in accordance with the statutory provisions, unless mandatory statutory limitation periods apply.

GDDC's liability for slightly negligent breaches of duty is limited in amount — to the extent permitted by law — to the typical, foreseeable damage under the contract. Liability for financial losses is limited to a maximum of 100% of the order sum, but not more than €1,000,000 per claim event. This limitation does not apply to damage arising from injury to life, body or health, or in cases of intent or gross negligence.

Termination is based on the statutory provisions, unless otherwise agreed in the individual contract.

Both parties to the contract are entitled to terminate the contract without notice for good cause.

An important reason exists in particular if

  • significant breaches of contract are not remedied despite a reasonable deadline,
  • insolvency proceedings are opened over the assets of a contracting party or the opening of which is rejected for lack of assets, or
  • the continuation of the contractual relationship is unreasonable.

If the Client terminates or cancels an order that has already been confirmed before the start of the service, GDDC may demand reimbursement of the expenses incurred up to that point as well as the demonstrable damage incurred.

For cancellations by the Client, the following flat cancellation fees apply unless a higher loss is proven:

  • up to 30 days before commencement of performance: 20% of the order sum,
  • 29 to 14 days before commencement of performance: 40% of the order sum,
  • 13 to 3 days before commencement of performance: 70% of the order sum,
  • from 48 hours before commencement of performance or in case of no-show: 90% of the order sum.

The Client reserves the right to prove that no or significantly less damage has occurred. The assertion of further statutory claims remains unaffected.

If the performance of the contract has become permanently impossible or economically unreasonable due to force majeure, both parties to the contract are entitled to withdraw from the contract with regard to the services not yet provided.

Services already provided are to be remunerated according to the actual scope of services.

The contracting parties undertake to comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

Insofar as GDDC processes personal data in the context of the provision of services, this is done exclusively to the extent necessary and for the purpose of performing the contract.

If required by law, the contracting parties conclude an agreement on order processing in accordance with Art. 28 GDPR.

Both parties undertake to treat confidentially all business and trade secrets as well as other confidential information of the other party that become known to them in connection with the performance of the contract.

This obligation also applies after the termination of the contractual relationship.

Information is not considered confidential if:

  • which are already generally known,
  • become public knowledge through no fault of one of the Contracting Parties,
  • have been lawfully obtained from third parties, or
  • due to legal obligations or official orders.

GDDC is entitled to name the Client as a reference customer after prior written consent.

Publication of project data, images or logos shall only take place with the express consent of the client.

All documents, documentation, concepts, risk analyses, operating manuals, evaluations, software configurations and other work results created within the scope of the order are subject to copyright and, to the extent permitted by law, remain the intellectual property of GDDC.

Upon full payment of the agreed remuneration, the Client shall receive a simple, non-exclusive and non-transferable right of use to the work results created for him, unless otherwise provided for in the contract.

Disclosure to third parties, duplication, publication or processing is only permitted with the prior consent of GDDC, unless otherwise provided by law.

If image, video or measurement data are created, the client receives the agreed right of use after full payment.

Copyrights and other property rights remain with GDDC, unless otherwise agreed in writing.

The responsibility for compliance with personal rights, property rights or other rights of third parties in the use of the recordings lies with the client.

Unless expressly agreed, there is no entitlement to the release of raw data, project files, flight logs, CAD files or other intermediate statuses.

All legal relationships between GDDC and the Client shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of GDDC GmbH.

GDDC remains entitled to assert claims at the general place of jurisdiction of the client.

10.3 Text form

Legally relevant declarations and notices in connection with this contract must at least be in text form (§ 126b BGB), unless a stricter form is prescribed by law.

The Client may only assign rights and claims arising from the contractual relationship to third parties with the prior written consent of GDDC, unless otherwise provided by law.

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall be replaced by the statutory provisions. Insofar as a statutory provision does not exist or would lead to an unreasonable result, the contracting parties undertake to agree on an effective regulation that comes as close as possible to the economic purpose of the invalid provision.

The contracting parties undertake to comply with all applicable legal provisions in connection with the performance of the contract. This includes, in particular, provisions of trade, tax, data protection, competition, export control and anti-corruption law.

The Client assures that the information provided by it is complete and accurate and that no legal regulations are violated.

Both parties to the contract undertake to refrain from acts that could lead to criminal liability or administrative offences, in particular violations of corruption, bribery or competition law.

Insofar as services, data, documentation, software or technical information are subject to statutory export control or sanction regulations, the Client undertakes to comply with all applicable national, European and international regulations.

The Client will not pass on documents, technical information or work products provided by GDDC to countries, persons or organisations to the extent that this violates applicable export control, embargo or sanctions regulations.

If the Client violates statutory provisions, official orders or the above compliance obligations, GDDC is entitled to suspend the provision of services or to terminate the contract extraordinarily for good cause.

Further statutory claims remain unaffected.

The Client shall inform GDDC in good time of all circumstances that may be significant for the implementation of a drone operation.

These include, in particular:

  • land and ownership relationships,
  • existing rights of use of third parties,
  • operational safety regulations,
  • official requirements,
  • Access restrictions,
  • safety-relevant facilities,
  • military or official areas of protection, and
  • other circumstances that may affect flight operations.

The Client is responsible for obtaining all necessary consents, access permits or other authorisations in a timely manner that are necessary for the execution of the operation on its property or in the area of influence of its installations.

To the extent agreed, GDDC shall assist the Client in obtaining appropriate permits. However, an obligation to obtain such consents independently only exists if there is an express contractual agreement.

The performance of drone flights is subject to all necessary aviation permits as well as the applicable legal and official requirements.

GDDC is entitled to postpone, adjust or cancel operations if:

  • no-fly zones,
  • official restrictions are issued,
  • There are security risks,
  • emergency situations exist or
  • other circumstances impair the safe conduct of flight operations.

This does not give rise to any claims for damages on the part of the client, insofar as GDDC is not responsible for the circumstances.

The decision to operate, interrupt, postpone or abort a flight is made exclusively by GDDC's remote pilot or flight operations manager.

This decision is made in accordance with the legal regulations and taking into account flight safety and the protection of persons, property and the environment.

Instructions of the Client that violate safety regulations or aviation regulations do not have to be followed by GDDC.

Drone flights may only be carried out under conditions that ensure safe flight operations.

These include, in particular, sufficient visibility, permissible wind speeds, suitable precipitation conditions and other meteorological conditions.

If an operation cannot be carried out due to unsuitable weather conditions, a new date will be arranged. Expenses already incurred can be invoiced to the client, provided that GDDC is not responsible for the postponement.

GDDC is entitled to cancel a mission at any time if unforeseeable circumstances arise that endanger the safety of flight operations.

These include, in particular:

  • sudden deterioration in the weather,
  • Gatherings of people in the area of operation,
  • technical malfunctions,
  • official orders,
  • Security incidents or
  • unexpected obstacles in the airspace.

In this case, the services provided up to the termination of the assignment as well as expenses incurred will be invoiced according to the actual expenditure.

The Client is responsible for ensuring that the intended use of the image, video, measurement or evaluation data created by GDDC is legally permissible.

This applies in particular with regard to

  • personal rights,
  • data protection regulations,
  • copyrights,
  • trademark rights,
  • property rights of third parties and
  • official confidentiality or security regulations.

GDDC assumes no liability for any subsequent use of the data handed over by the Client.

The Client is responsible for establishing and maintaining all required barriers, security zones and access restrictions at the deployment site. The Client must ensure that no unauthorised persons are present in the hazard or flight area during the deployment. GDDC is entitled to suspend or abort the deployment if security measures are not ensured. Additional costs arising from this shall be borne by the Client.

Valid from: 1 July 2026