Status: June 11, 2025
Provider: FlyingStars GmbH, Bulmker Str. 107, 45888 Gelsenkirchen, Germany – Represented by the Managing Directors: Florian Becker, Manuel Contreras Hernandez, Ronja Donsbach, Erwin Wilms – Commercial register: Gelsenkirchen Local Court, HRB 16602 – VAT ID no. according to § 27a UStG: DE346644500
(1) These General Terms and Conditions (GTC) govern the contractual relationship between FlyingStars GmbH (hereinafter referred to as “Contractor”) and its clients (hereinafter referred to as “Client”) for the conception, planning, and execution of drone light shows.
(2) These GTC apply exclusively. Any terms and conditions of the Client that conflict with or deviate from these GTC will not be recognized unless the Contractor has expressly agreed to their validity in writing or in text form (e.g., by e-mail).
(1) Offers made by the Contractor are non-binding and subject to change unless explicitly marked as binding.
(2) A contract is only concluded once the Contractor confirms the Client’s order in writing or in text form (order confirmation). This order confirmation shall be decisive for the scope of the contractual service.
(1) The Contractor provides a service for the planning and execution of a drone light show in accordance with the order confirmation. This includes, in particular, the creation of a show concept (choreography) and the on-site execution.
(2) The order shall not be deemed improperly performed solely because the number of active drones during the show deviates by up to 15% from the contractually agreed number.
(3) A postponement of the show start by up to 60 minutes on the event day, due to organizational or technical necessities, shall not be considered a defect in performance.
(4) The conceptual and artistic design of the drone light show lies with the Contractor. The Client’s wishes will be taken into account during the concept phase, but the final creative decision remains with the Contractor.
(1) The Client shall ensure that the Contractor is provided with all information and documents necessary for the performance of the service (e.g., site plans, third-party permits) in good time and in full.
(2) The Client shall appoint a responsible contact person who is available to the Contractor during the preparation and execution of the event.
(3) The Client shall provide the Contractor with a suitable take-off and landing area as well as a safety zone free of charge for the necessary duration (set-up, execution, dismantling). The suitability of the area will be coordinated in advance with the Contractor.
(4) The Client is solely responsible for obtaining the property owner’s consent for the use of the areas. Furthermore, the Client is responsible for effectively securing the safety zone defined by the Contractor against access by unauthorized persons at its own expense.
(5) The Client shall indemnify the Contractor against all claims of third parties (in particular property owners or neighbors) arising from a breach of the obligations set out in this paragraph.
(1) The Contractor shall apply for the aviation permits required for the performance of the drone light show in its own name but at the Client’s expense. The Contractor only owes due diligence in applying for the permits, not their successful issuance.
(2) All other fees and charges incurred in connection with the event, in particular GEMA fees, costs for official requirements (e.g., fire safety guards), and other charges, shall be borne by the Client unless otherwise agreed.
(1) All prices are net plus statutory VAT.
(2) Unless otherwise agreed, a down payment of 40% of the agreed total price is due immediately after the conclusion of the contract. The remaining payment must be made no later than 7 days after the event date without deduction.
(3) The Contractor is entitled to withhold performance as long as due payments from the Client are outstanding.
(1) The Contractor is obligated to ensure the safe execution of the show. If execution becomes impossible due to circumstances that endanger or are likely to endanger safety (e.g., indications of potential GNSS jamming or spoofing, or strong radio interference), the Contractor is entitled to postpone, interrupt, or cancel the show.
Safe and risk-free execution of the show is a fundamental condition of this contract.
(2) Such circumstances include, in particular: a) weather conditions such as wind speeds above 8 m/s, precipitation (rain, snow), fog with visibility below 1 km, or temperatures <0° C or >40° C. b) Force majeure, e.g., pandemics, natural disasters, strikes, or unforeseeable official orders. c) Non-issued or revoked official permits that are not the Contractor’s fault. d) Technical disturbances due to external influences (e.g., strong radio or GNSS interference). e) Risks from other air traffic.
(3) In the event of cancellation or termination for the reasons stated in para. 2, for which neither party is responsible, the Contractor is entitled to a lump-sum payment as follows: * Cancellation/termination up to 90 days before the agreed show date: 40% of the total price (equals the down payment). * Cancellation/termination between 89 and 31 days before the show date: 60% of the total price. * Cancellation/termination between 30 and 8 days before the show date: 80% of the total price. * Cancellation/termination from 7 days before the show date or no-show: 95% of the total price.
(3) If the Client is a consumer, they retain the right to prove that the Contractor suffered no or significantly less damage than the requested lump sum.
(4) Already incurred, verifiable external costs (e.g., for permits, rental costs for equipment) must always be reimbursed in full.
(5) If the Contractor performs or does not cancel the drone light show despite being aware of the circumstances in para. 2, the performance shall be deemed properly executed in this regard.
(1) The Client may cancel the contract at any time. Cancellation must be made in text form.
(2) In the event of cancellation, the Contractor is entitled to a lump-sum payment as follows: * Cancellation up to 90 days before the agreed show date: 40% of the total price (equals the down payment). * Cancellation between 89 and 31 days before the show date: 60% of the total price. * Cancellation between 30 and 8 days before the show date: 80% of the total price. * Cancellation from 7 days before the show date or no-show: 95% of the total price.
(3) If the Client is a consumer, they retain the right to prove that the Contractor suffered no or significantly less damage than the requested lump sum.
(4) Already incurred, verifiable external costs (e.g., for permits, rental costs for equipment) must always be reimbursed in full.
(1) The Contractor is fully liable for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty by the Contractor.
(2) For all other damages, the Contractor is only liable if they are caused by intentional or grossly negligent breach of duty.
(3) The limitations of liability also apply to the Contractor’s legal representatives and agents if claims are made directly against them. The provisions of the Product Liability Act remain unaffected.
(1) All copyrights to the conception and choreography of the drone light show remain with the Contractor.
(2) The Client receives a simple, non-transferable right to use the show for the one-time performance within the contractually agreed framework. Any recording, reproduction, or public presentation of the show (e.g., on the Internet, TV) requires the Contractor’s prior written consent and may be subject to separate remuneration.
(3) The Contractor is entitled to make or have made audio and video recordings of the drone light show during the event. a) If the Client is a business, they grant the Contractor the right to use these recordings as well as the Client’s name and logo and the event for their own advertising and reference purposes free of charge and for an unlimited period. The Client ensures they have the necessary rights (e.g., to third-party logos). b) If the Client is a consumer or identifiable persons appear in the recordings, the Contractor will obtain separate, explicit consent from the affected persons or the Client for any commercial use.
The Contractor processes personal data of the Client and, if applicable, their employees for specific purposes and in accordance with legal provisions (GDPR, BDSG). Detailed information on data processing can be found in the Contractor’s privacy policy, which is available on the website or provided upon request.
(1) The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) 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 this contract shall be the Contractor’s registered office in Gelsenkirchen.
(3) If the Client is a consumer, the statutory rules on jurisdiction apply.
(4) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the statutory regulation shall apply (§ 306 (2) BGB).
