Because data security matters.

Terms + Conditions
& Privacy Policy

Data Privacy Statement Overview

Privacy Policy

Purpose & Definitions

This privacy policy applies to the B2B platform MROradar provided by Lufthansa Technik AG, Weg beim Jaeger 193, 22335 Hamburg, Germany ("LHT", "we" or "us"), and is intended to inform Users about the collecting and processing of their personal data.

The data controller in the sense of the European data protection laws is Lufthansa Technik AG.

Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing is any operation which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

1 Collecting and processing of personal data

It is not possible to use MROradar anonymously as MROradar requires a registration.

1.1 Data processed in the registration process

During the registration process you will be asked to provide mandatory information which includes the following personal data:

Your name (First, last name)
Your business email address
Your employer/company

This mandatory information is marked as such. In the event a registration has not been completed, the data will not be saved.

1.2 Data processed while using MROradar

We will collect personal data that you enter or provide to us while using MROradar. For example the following personal data can be entered in the profile settings of your account:

additional contact details, like business phone number (optional)

 It will be optional to provide this information.

Furthermore we will collect data related to the activities you will perform within the application. This will be a timestamped link between your user profile and the data you create / alter while using certain functions such as comments, create/publish RFPs, or create/submit proposals.

These commercial data will be kept safely stored and not accessible to anyone not related/invited to your RFP or proposal. LHT as platform operator will only use the data for the purposes specified in section 2. It will not be diverted from its intended use. All LHT departments not related to the MROradar team will act as normal platform users and are customers to MROradar as all other parties.

1.3 Data automatically processed from Users

Every time you use the internet your internet browser will automatically transfer certain information that we will store in so-called log-files.

The log-files will solely be stored for the detection of malfunctions and security reasons (e.g. attack detection) for a period between seven and ten days. Log-files will be stored for a longer period of time and might be transferred to investigating authorities if they are needed as evidence if an incident took place. They will be subject to restriction of processing upon the final clearance of the matter.

In particular, log-files include the following information:

IP address of the network from which the online service is accessed,
Date and time of request,
Size of transferred data,
URI of the accessed data,
Operating system and information regarding the internet browser used, including add-ons,
HTTP Response Status Code

For special forms of automatic data processing, such as cookies, please refer to section 6.

 

2 Purposes of data processing

We may evaluate, retain and use the information provided to us and the data generated from your use of the services only and exclusively limited to the following purposes:

2.1 Offer our service

The main purpose to process personal data is to ensure the functionality of MROradar. If you use MROradar the above mentioned personal data as well as information about activities you performed within the application will be accessible to other users of the platform that you collaborate with (i.e. users of your company or users of another company that is assigned to the RFP). For example, users who are authorized by a company to see RFP relevant information of a joint project will be able to see and access the information you share as well as your contact details on MROradar.

2.2 Prevent abuse and legal defense

To comply with our legal requirements, enforce our Terms & Conditions, respond to claims that content violates the rights of others, or protect anyone's rights, property or safety we might use the personal data provided by your side.

2.3 Keep you informed

From time to time we might contact you to inform you about critical service updates or other information which is important to support our service. We may also contact you to ensure that information we have in our records is accurate or when in need of additional information to complete your profile.

2.4 Improve our services

In order to improve our service we might contact you to receive feedback and comments from you about our services and inquire about any features you would like to see in future offerings. We may also contact you to ask for your satisfaction rate.

2.5 Statistical purposes

To provide, customize, measure and improve our Services with a focus on the content we might use personal data in order to assist us for our own internal statistical and analytical purposes. No person-related analysis of the data will be carried out. (Commercial data from RFPs and proposals will neither be used for statistical purposes, nor other evaluations will be conducted.)

 

3 Transfer of data and duration storage

3.1 Transfer of data to third parties

Your personal data will only be transferred to third parties if we or a third party have a legitimate interest in the transfer or you granted us your consent to the transfer. A legitimate interest is the securing of a safe and stable operation of the application. We may also transfer personal data which has been rendered anonymous to third parties for statistical purposes. Commercial data will not be transferred to other providers in any case.

Additionally, personal data might be transferred to third parties if we are obliged to transfer the data by German statutory provisions or by an enforceable order of a German court or administrative authority.

3.2 External service providers

We reserve the right to appoint external service providers for the collection and use of personal data. These service providers will only have access to data they need for the performance of their services. Service providers will generally be appointed as commissioned data processors which are only allowed to process the personal data according to our instructions.

3.3 Duration of storage

We will store your personal data as long as we have a legitimate interest in the storage meaning as long as you are using the application as a registered user. In all other cases we will delete your personal data with the exception of those data that we need to store further in order to comply with contractual or statutory retention periods. Data which is only kept because it is subject to a retention period will be blocked for other uses.

 

4 Rights of the data subject

You have the right of access to your personal data and - if certain prerequisites are present - also to correction, to erasure, to limitation of the data processing and a right to data portability.

In case you gave us your consent for the processing of data you may withdraw your consent at any time. Please address your request to: info@mroradar.com. Please note that you might also be able to correct your data in MROradar by yourself.

4.1 Access to Data

You have the right to be informed whether your personal data is being processed by us, and, if this is the case, to what extent. You are able to access your personal data within your user profile and other parts of the application. If you require information beyond that visible in the application, please contact info@mroradar.com.

4.2 Rectification of Data

You have the right to rectification of inaccurate personal data. In your profile settings you are able to see, review and change your personal information, like contact information or your profile picture, after signing in to your account. Please update your personal information immediately if it changes or is inaccurate. The personal data which is relevant for the registration process like your name, your company or your email address can only be modified by authorized MROradar system administrators. In order to request the modification of the above mentioned and further data please send an email to info@mroradar.com.

4.3 Erasure of Data

You have the right to erasure of your personal data processed in MROradar (‘right to be forgotten'). In case you want to delete your personal data please send an email to info@mroradar.com. We will close your account and make sure that your personal data is deleted as soon as reasonably possible. The data related to your activities as described under section 1.2 of this policy will be anonymized after  the closure of your account.

4.4 Restriction of Processing of Data

You have the right to demand a restriction of processing of your personal data under certain preconditions. At any time, you may ask that your preferences as to the type and amount of communication that you receive from us are modified. You can also do this by following the instructions included in each communication or newsletter. For claims beyond such case, please contact info@mroradar.com

4.5 Data Portability

You have the right to Data Portability, i.e. to receive all personal data that you provided to us in a structured format for your use. In case you want to receive an overview of your personal data which has been collected in accordance with section 1 and 2 of this policy please send an email to info@mroradar.com. We will then provide you the requested information within a reasonable period of time.

4.6 Objection

You have the right to object at any time to processing of personal data concerning you. You can do so by sending an email to info@mroradar.com. We will then no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you as the data subject or for the establishment, exercise or defense of legal claims. You especially have the right to object if personal data concerning you is processed for direct marketing purposes.

4.7 Automated individual decision-making, including profiling

MROradar does not support the user with any automated individual decision-making, including profiling.

 

5 Data security

At Lufthansa Technik we take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of the information collected and against accidental loss or destruction of, or damage to, your personal data.

While no system is completely secure, we believe the measures implemented by our side reduce the likelihood of security problems to a level appropriate to the type of data involved. This includes encrypting the transmission of sensitive information using transport socket layer technology, as well as safeguarding your data through firewalls, data encryption and authentication procedures in order to maintain the security of your active session and to protect your personal data and the Services from unauthorized access.

 

6 Cookies, Tracking and Web analysis tools

A cookie is a small element of data that can be exchanged between an Internet website and a client's browser. It can be stored on either side to enable the Internet application to recognize the client on return. You can set your browser to notify you when you receive a cookie, and you may choose to accept the cookie or not. If you do not accept the cookie, the corresponding Internet page cannot be accessed. If you accept the cookie, you can delete it after the session.

6.1 Behavioral Remarketing

Lufthansa Technik AG uses remarketing services to advertise on third party web sites to you after you visited our Service. We and our third party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

6.2 Social Plugins

MROradar does not use social plugins.

6.3 Tracking tool: Google Analytics

We use Google Analytics as a tracking tool. Its functions are explained in the following paragraphs.

The use includes the Universal Analytics operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze a user's activities across devices.

Google Analytics is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). We use Google Analytics with the additional function offered by Google to anonymize IP addresses. While doing so, Google already shortens IPs within the EU in most cases and only does so in the United States in exceptional cases, while always saving shortened IPs only. You may object to the collection or processing of your data by using the following link to download and install a browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en.

To prevent Universal Analytics from collecting data across different devices, you must opt-out on all systems used.

The legal basis for using it is our legitimate interests in accordance with Article 6(1)(f) of the GDPR for the purpose of enhancing the efficiency of our website and (direct) marketing.

Google Analytics gives us insights into the following data:

  • When the website was accessed (month, year, week, day, time of day)
  • What devices were used to access the website and what browser and operating system those devices use
  • What individual pages of the website are visited
  • Visitors' regions and languages
  • Visitors' click behavior or click paths, click frequency
  • Dwell times on the individual pages of the website
  • Most-clicked pages on the website
  • Where the website was accessed from (referrer)
  • How often the website or its individual pages were called
  • Whether and how visitors return to the website or its individual pages

You can obtain more information on this tracking tool at: https://analytics.google.com/analytics/web/

Duration of Data Storage

The data sent by us and linked to cookies, user-identifiers (e.g. User-IDs) or advertising-identifiers are automatically deleted after 14 months, the shortest possible option in the Google Analytics settings. Data whose retention period has been reached is automatically deleted once a month.

7 Complaints to data protection authorities 

You also have the right to lodge a complaint with a supervisory authority. The supervisory authority responsible for Lufthansa Technik AG is:

Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit

(Hamburg Commissioner for Data Protection and Freedom of Information)

Ludwig-Erhard-Str 22, 7. OG

20459 Hamburg

Germany

Phone: +49 40 42854-4040Fax: +49 40 4279-11811

E-mail: mailbox@datenschutz.hamburg.de

The following European legislation applies to the subject of data privacy:

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

For Germany this regulation is supplemented by the "Bundesdatenschutzgesetz (neu)"

Lufthansa Technik has appointed Dr. Barbara Kirchberg-Lennartz as the data protection officer for Lufthansa Technik. She can be reached as follows:

Dr. Barbara Kirchberg-Lennartz

Deutsche Lufthansa AG

Dep.: FRA CJ/D

Airportring

60546 Frankfurt

E-Mail: datenschutz@dlh.de

 

8 Contact information

If you have comments or questions, any concerns or a complaint regarding the collection and use of your personal data, please feel free to contact us via the following email address: info@mroradar.com.

 

9 Changes to this Privacy Policy

We may change the terms of this Privacy Policy from time to time. If a change in terms would reduce any protection with respect to information previously collected by us, then such information will continue to be dealt with in accordance with such protection that was contained in our policy that was in effect at the time of collection.

Last update: April 2nd, 2019

Terms + Conditions

General terms and conditions for Maintenance Provider and Maintenance Demander for MROradar

Lufthansa Technik AG, Weg beim Jäger 193, 22335 Hamburg, Germany (hereinafter referred to as "LHT") operates the business-to-business platform MROradar (hereinafter referred to as "MROradar"). The following General Terms and Conditions ("Terms") shall apply to the use of MROradar by Maintenance Provider (as defined hereinafter) and Maintenance Demander (as defined hereinafter). LHT and/or Maintenance Provider and/or Maintenance Demander may each be referred to as a party or collectively as the parties.

1. Further Definitions
Account(s) shall mean one (1) user account related to a Maintenance Demander or a Maintenance Provider with one point of contact.Day in this Agreement means a calendar day.

Maintenance Demander(s) shall mean (an) entity(ies) using MROradar for the purpose of finding (a) Maintenance Provider(s) for maintenance service(s).

Maintenance Provider(s) shall mean (an) entity(ies) using MROradar for the purpose of offering (a) maintenance service(s) to (a) Maintenance Demander(s)..
Maintenance Provider Terms shall mean the terms and conditions of the Maintenance Provider for the ) maintenance service(s) provided to Maintenance Demander.

Proposal shall mean a valid and binding offer of the Maintenance Provider to the RFP published by the Maintenance Demander.

RFP shall mean request for proposal, used synonymously with the terms RFQ, request for quotation and tender.

RFP Process(es) shall mean the whole process regarding an RFP when using MROradar; in particular, without being limited to, creation and publishing of RFPs by the Maintenance Demander, the questions and answers process regarding the RFP between Maintenance Demander and Maintenance Provider, the creation and submitting of Proposals by the Maintenance Provider as well as the comparison of the Proposals by Maintenance Demander, the creation of additional RFP rounds and the creation of a shortlist by the Maintenance Demander.
Shortlist shall mean a list of Maintenance Providers who are considered for further contract negotiations with the Maintenance Demander by Maintenance Demander based on the Proposals of the respective Maintenance Provider.

User(s) shall mean any Maintenance Provider(s) or Maintenance Demander(s) registered to MROradar.


2. General information

2.1 Maintenance Demander may use MROradar to create and publish RFPs for (a) maintenance service(s), communicate with the Maintenance Providers relating to the RFP, as well as compare Proposals to create a Shortlist.

2.2 Maintenance Provider may use MROradar to receive RFPs for (a) maintenance service(s) from Maintenance Demanders, communicate with the Maintenance Demander and submit a Proposal.

2.3 LHT may use MROradar as a Maintenance Provider and/or Maintenance Demander. In that case, LHT is party to the RFP Process conducted via MROradar and shall be Maintenance Provider and/or Maintenance Demander in accordance with these Terms. In all other cases, LHT is neither party to any RFP Process conducted between Maintenance Provider and Maintenance Demander via MROradar nor is LHT responsible for any RFP Process conducted via MROradar. LHT provides the technical platform MROradar. MROradar shall only be used for the purpose of conducting RFP Processes and not for other purposes, including (without being limited to): 

  • using MROradar to promote goods and services not related to the maintenance services;
  • sending unsolicited advertising via MROradar.

 

3. Registration requirements

3.1 Being a pure business-to-business platform, MROradar shall only be used by natural or legal persons or a partnership with legal personality who or which, when entering into an RFP Process, acts in exercise of his/her or its trade, business or profession (sec. 14 of the German Civil Code). Consumers are not allowed to use MROradar.

3.2 The registration may only be carried out by an authorized representative of the User. LHT may ask for additional proof of representation and LHT will verify whether the information provided meets the requirements of MROradar. An Account is non-transferable and Users can create one (1) or more Account(s).

3.3 Users have to accept the Terms to register and create  an Account as user entitled by a Maintenance Provider or a Maintenance Demander. After registration, LHT will verify whether the information provided meets the requirements of MROradar and shall then activate the Account(s) at its sole discretion. On the basis of a communication between LHT and User, Account(s) shall be activated by LHT on instructions of the respective Users.

3.4 Maintenance Demander may invite third parties to register as a Maintenance Provider on MROradar. Maintenance Demander guarantees that these invitations are in compliance with all applicable laws and regulations. Such Maintenance Providers will be activated at the sole discretion of LHT without additional proof of representation or verification of the information provided. LHT may request additional proof of representation and verify whether the information provided meets the requirements of MROradar described in these Terms. LHT may deactivate such an account at any time.

3.5 The information requested during registration must be given in full and to the best of the User's knowledge. If the provided information changes after registration, User is obligated to immediately inform LHT via info@MROradar.com.

3.6 When registering, User must choose a password. User is not allowed to disclose this password and/or any other login data to any third party outside the registered legal entity and/or any non-authorized party within the registered legal entity.

3.7 User shall take appropriate measures to maintain confidentiality of said data and to prevent the misuse of the Account(s) by third parties. If User has any indications that the Account is being or was misused, User shall immediately notify LHT thereof, e.g. by using the following email address: info@MROradar.com.

3.8 Users shall be liable for all activities under their Account(s). Users guarantee that any RFP Process conducted via MROradar is in compliance with all applicable laws and regulations (e.g. restrictions of competition or foreign exchange restrictions, aviation authority regulations) as well as these Terms. Users shall inform persons authorized by the respective User to use MROradar about the duties in accordance with these Terms.

3.9 When using MROradar, Users shall be identified by the email address used during the creation of the Account(s).

 

4. RFPs, Proposals and Shortlists

4.1 When creating RFPs, Maintenance Demander may access an overview of registered Maintenance Providers, including further information regarding the respective Maintenance Provider, if applicable. RFPs shall be submitted to MROradar by Maintenance Demander, indicating inter alia a deadline for Proposals as well as the necessary information for the respective RFP as indicated on MROradar.

4.2 Maintenance Provider may review these RFPs, send questions to Maintenance Demander and submit a binding Proposal. Maintenance Provider shall pay a usage fee for submitting a Proposal to an RFP in accordance with clause 8.

4.3 After the deadline of the respective RFP has expired, Maintenance Demander may generate a Shortlist of the Proposal received.

4.4 The contract negotiations between the Maintenance Providers which have been shortlisted and the Maintenance Demander are not a part of MROradar and shall be conducted between the parties directly without any influence by and without the use of MROradar.

 

5.Special requirements for Maintenance Providers

5.1Maintenance Provider guarantees that the Proposal is in compliance with all applicable laws and regulations (e.g. restrictions of competition or foreign exchange restrictions, export rules, aviation authority regulations).

5.2 The Proposal shall only include maintenance services, which are actually available and which can fulfill the requested demand at the time of the Proposal.

5.3 If a maintenance service is no longer available after Maintenance Provider has submitted a Proposal, Maintenance Provider shall notify Maintenance Demander immediately.

5.4 Maintenance Provider shall ensure that the conditions as declared in the Proposal can be fulfilled at the time of an inquiry.

 

6. Maintenance Provider Terms

6.1 Unless LHT is a contractual party to the RFP Process conducted between Maintenance Provider and Maintenance Demander via MROradar in accordance with clause 2.3 of the Terms, LHT does not provide specific terms for said RFP Process.

6.2 Instead, all RFP Processes on MROradar shall fall under respective agreements between Maintenance Provider and Maintenance Demander.


7.Export Control Clause

7.1 The User acknowledges its obligation in connection with the use of MROradar to comply fully with all applicable domestic and foreign export compliance requirements, including applicable US export laws and regulations (e.g. U.S. Export Administration Regulations (EAR), 15 CFR Parts 730-774, International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120-130, and U.S. economic sanctions regulations (OFAC regulations), 31 CFR Parts 500-598) and those of other relevant foreign jurisdictions.

7.2 The User confirms that RFP Processes performed on MROradar do not relate to military classified materials. Military classification shall mean US military goods listed on the International Traffic in Arms Regulations ("ITAR") and/or military goods covered by national regulations (e.g. as listed in the Export Control List of the German Foreign Trade Legislation).

7.3 Users shall indemnify and hold harmless LHT from and against any claims which relate to User's use of MROradar for conducting RFP Processes via MROradar that are not compliant with the conditions stated above.

 

8. Price and Invoicing

8.1 Maintenance Providers shall be subject to a usage fee as indicated on MROradar when submitting the Proposal to an RFP.

8.2 The usage fee shall be subject to VAT.

8.3 LHT will send the Maintenance Provider(s) an invoice. The invoice shall be paid within ten (10) Days after receipt of the respective invoice.


9. Communication and support by MROradar

9.1 LHT provides a service center for MROradar during German business hours from Monday through Friday (excluding public holidays) from 9 am to 5 pm Central European Time which can be contacted via info@MROradar.com to report

  • any general problems relating to MROradar (e.g. forgotten passwords, technical problems, invoicing issues), but LHT will, however, neither provide any legal advice nor act as a technical expert third party;
  • any other feedback relating to MROradar.

9.2 The Users acknowledge that any reports will be processed on a "first come, first serve" approach and that LHT, therefore, cannot warrant a specific reachability or responding time of the service center.


10.Term, termination, blocking and limitation

10.1 Each User can terminate its Account(s) and the corresponding contract with LHT regarding the use of MROradar by sending an email to info@MROradar.com at any time. Before terminating Accounts as well as the contract, LHT may request User to confirm the termination. LHT shall then deactivate the Account(s) of the User in a timely manner and shall delete all Account(s) data in accordance with the privacy policy (see below at clause 11).  

10.2 LHT can terminate the Account(s) of any User and the corresponding contract with the respective User regarding the use of MROradar at any time. The User shall be notified of such termination by LHT via email.

10.3 A termination in accordance with clauses 10.1 and/or 10.2 does not affect the User's duties with respect to any RFP Process conducted via MROradar as well as the User's duties with respect to these Terms before the termination becomes effective unless expressly stated otherwise by LHT.

10.4 Instead of or before a termination of User's Account(s) as well as the contract, LHT may at its sole discretion also temporarily limit the access of a User to MROradar. This particularly applies to cases of inappropriate use of MROradar by User or to where such measure is in the reasonable judgement of LHT necessary to defend against malware, computer viruses and other technical or commercial threats for MROradar, LHT or Users.


11.Warranty and liability of LHT

11.1 As far as LHT is not a party to the RFP Process conducted via MROradar in accordance with clause 2.3 of the Terms, LHT is not liable for any RFP Process conducted via MROradar. The respective Maintenance Provider and Maintenance Demander being party to an RFP Process are solely responsible in this respect. LHT will not provide any legal advice or act as a technical expert third party. The legal remedies available to Maintenance Demander against Maintenance Provider in case of a breach of warranty are subject to the Maintenance Provider Terms or the applying laws.

11.2 Furthermore, LHT does not grant any warranty, e.g. for the compliance of applicable laws and regulations in the respective business relation between Users.

11.3 LHT shall use reasonable efforts to make and maintain MROradar available via the internet. However, like other online services MROradar's availability depends on services by third parties and also requires technical maintenance. Thus, MROradar might be temporarily unavailable or only available with limited functionality. The availability level of MROradar is targeted at 98%. LHT endeavours to announce scheduled maintenance of MROradar well in advance.

11.4 LHT shall be liable for damages resulting from injury to life, body or health, for damages resulting from intentionally or grossly negligent acts or omissions by LHT, an employee or representative of LHT in accordance with the statutory provisions. For damages resulting from slight negligence acts or omissions by LHT, an employee or representative of LHT, LHT shall be only liable in events of a breach of a cardinal duty, i. e. those duties which are material to the proper performance of the contract and on the fulfilment of which the other party generally relies or is entitled to rely. In this case LHT's liability shall be limited to the typical, foreseeable damage (excluding loss in profits and indirect damages).

 

12.Indemnification

The User indemnifies and holds harmless LHT from and against any claims of third parties as well as any loss and damage (including any and all costs incurred hereby), resulting from,

  • the use of MROradar by the User which is not in compliance with these Terms; and
  • claims of a third party based on the allegation that the use of MROradar infringes a right of a third party;
  • claims of a third party, including administrative orders, based on the allegation that the use of MROradar by the User infringes any applicable law or regulation.

 

13.Data privacy

LHT and its platform MROradar comply with the legal requirements when collecting, storing and processing personal data pursuant to German law. Details can be found in the privacy policy on MROradar via http://mroradar.com/privacy-and-terms.html.

 

14.Dispute, applicable law and jurisdiction

14.1 In the event of any dispute or disagreement between a User and LHT in relation to these Terms, either User or LHT may notify the other party in writing that there is a dispute to be resolved under this clause (a "Dispute Notice"). Following receipt of the Dispute Notice by the relevant party, the parties will attempt to resolve and bring an end to the dispute or disagreement. If the parties at the working level cannot resolve the dispute within thirty (30) Days from the date of receipt of the Dispute Notice by the relevant party, the parties will refer the dispute or disagreement to such senior officers as designated by each respective party for resolution. If resolution is not reached within further thirty (30) Days from the date of receipt of the Dispute Notice by the relevant party, then the parties may each pursue other remedies available under these Terms or applicable law.

14.2 Clause 14.1 does not prevent a party from seeking from a court of competent jurisdiction any equitable, interim, or provisional relief to avoid irreparable harm or injury.

14.3 These Terms shall be subject to, interpreted and construed in accordance with the laws of Germany. The UN Convention on International Sale of Goods (CISG) shall not apply. Place of jurisdiction for all disputes resulting from or based on this contractual relationship is Hamburg, Germany.

 

15.Miscellaneous

15.1 Users may not assign any of their rights and/or obligations under the Terms or part thereof to a third party without the prior written consent of LHT. Users agree that LHT may assign any of its rights and/or obligations under the Terms in total or in part to a company directly or indirectly controlled by or jointly held with a third party by Deutsche Lufthansa Aktiengesellschaft. Users shall be informed by LHT about such assignment in due time.

15.2 Unless explicitly stated otherwise herein, these Terms shall not be varied in terms or amended except by an instrument in writing explicitly named an amendment to these Terms and signed by duly authorized representatives of the Parties. Verbal agreements reached during the negotiations or during the period of these Terms shall not be binding upon either party unless and until mutually confirmed in writing.

15.3 Failure by either party to enforce any of the provisions of these Terms shall not be construed as a waiver of such provisions.

15.4 If any of the provisions of these Terms are held unlawful or otherwise ineffective by any court of competent jurisdiction, the remainder of these Terms shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision mutually agreed upon by the parties reflecting the intent of the provision so substituted.

15.5 Nothing in these Terms creates, implies or evidences any partnership or joint venture between the parties, or the relationship between them of principal and agent. None of the parties has any authority to make any representation or commitment, or incur any liability, on behalf of any other.

15.6 LHT reserves the right to amend the Terms without stating reasons at any time. Users shall receive the amended Terms via email and/or via a notification on MROradar no later than two (2) weeks before the new Terms will come into effect. In the event User does not object the new Terms within two weeks after receiving the email and/or notification, the new Terms are deemed accepted. In the event User objects the new Terms LHT may terminate the User's Account(s).