Claim Flights GmbH Terms & Conditions
Version V2 vom 3/29/2015 with amendment 8.Dec.2016
General Terms and Conditions (GTC) of Claim Flights GmbH, Bonn, Germany
Claim Flights GmbH
§ 1 General
1. These terms and conditions constitute an agreement between Claim Flights GmbH and the customer. This agreement will be accepted by the customer when entering their data on the website and pressing the “accept” button and clicking “Terms and Conditions Accepted”.
2. Claim Flights GmbH is registered in the commercial register of Bonn under HRB 21397. Receivables are insured under an AXA insurance contract.
3. These terms and conditions apply to all actions between Claim Fights GmbH and the customer.
4. Any additional agreements must be made in writing.
§ 2 Contract
Claim Flights GmbH or its lawyer makes compensation claims against airlines on behalf of clients pursuant to Regulation (EC) no. 261/2004 or other passenger-law regulations. Claim Flights GmbH offers the customer, against payment, transfer of receivables due to flight delays.
§ 3 Assignment of Claims & Conclusion
(1) The customer hereby assigns all claims and rights against the respective carriers of Regulation (EC) no. 261/2004 in the context of a particular late arrival or cancellation concerning the event he is entitled to make a specific claim, identified by a flight booking reference, with electronic or handwritten signature.
(2) 1. The contract between the customer and Claim Flights GmbH is licensed under the condition that Claim Flights GmbH accepts the assertion of the claim for compensation. (2) 2. Claim Flights GmbH can refuse to take over the compensation claim, if the demand for enquiry probably does not exist or is not enforceable or recovery of the claim would not justify the time or cost required for Claim Flights GmbH to pursue the claim.
(2) 3. In case of rejection, the customer will be informed immediately.
(2) 4. The reason for the rejection will not be provided.
(3) If Claim Flights GmbH accept the takeover of the compensation claim, the customer is asked to sign the assignment of claims form.
(4) When concluding an agreement with Claim Flights GmbH the customer warrants that he is legally competent and must have a valid claim. If the customer is making claims on behalf of other persons, he should guarantee that he/she disposes of these claims.
5. With assignment of the claim, the customer agrees to refrain from separate negotiations with the airline and not to accept any coupons or other (sub) services.
6. If the airline pays compensation directly to the customer, Claim Flights GmbH will provide an invoice for the services rendered to the amount agreed with the customer.
7. The customer acknowledges that no third party has been entrusted with the same compensation claim(s) and no judicial or extra-judicial proceedings concerning the same claim(s) are pending or are to be expected.
§ 4 Termination of the contract
1. The agreement ends
a. after the flight compensation payment of Claim Flights GmbH is fully paid by the carrier to Claim Flights GmbH or its lawyer and has subsequently been transferred to the customer minus fees, or
b. when Claim Flights GmbH decided in accordance with § 3 (2) of these terms and conditions, that the case of Claim Flights GmbH cannot be pursued and gives notice to the customer, or
c. in the case of an effective cancellation by the customer (see § 7 of these Terms and Conditions).
The right of extraordinary termination of both parties for an important reason remains unaffected. It applies to § 314 BGB. An important reason is when the customer does not deliver information in a timely fashion, is not truthful or does not provide the correct information required for the recovery of compensation claim data (see § 5 (b) & § 4 of these Terms and Conditions).
2. With the payment of the amounts shown on the website the customer share of the claim and all fees payable to Claim Flights GmbH are provided. Further customer claims do not exist.
3. Claim Flights GmbH cannot be held liable for compensation amounts, damages for loss of opportunity or the like, including but not limited to claims which have fallen due to the limitation period, if the customer has been informed about that further prosecution of the case is unadvisable or where the agreement has been terminated.
4. The customer acknowledges that only Claim Flights GmbH can make a decision on whether to accept a settlement with the airline. Claim Flights GmbH may reject any proposed settlement.
§ 5 Obligations of the parties
a) acquisitions of costs by Claim Flights GmbH
If a contract attorney has filed suit to enforce the indemnification asset and this procedure should be unsuccessful, Claim Flights GmbH accepts all costs incurred. In the case of a complaint about a selected Claim Flights lawyer there will be no cost to the customer, as Claim Flights stands by its ‘No Win – No Fee’ promise. Should the court proceedings be successful or a compromise between the airline and Claim Flights GmbH achieved, Claim Flights GmbH will bear all costs incurred, which were not paid by the airline.
b) provision of documentation by the customer
1. In order to enforce the claim successfully, Claim Flights GmbH requires a form with effective assignment agreement. This can be sent by email, mail or online to Claim Flights GmbH. Once this assignment agreement is received, Claim Flights GmbH will send the payment request immediately to the airline and will pay for all future correspondence.
2. If a contract attorney is used, the customer agrees to allow Claim Flights GmbH to grant access to all available and relevant information to the contract attorney. The contract attorney may use the documents, data and information made available by Claim Flights GmbH to conduct the litigation. A transfer of documents, data and information to third parties must not occur.
3. The customer agrees to supply on request by Claim Flights GmbH other documents, should this become necessary in the proceedings; this is especially true for the late filing of a personally signed power of attorney. Upon request, the customer will also explain the facts related to the flight delay, cancellation of travel or being denied boarding in writing, so that verification is ensured in litigation. The customer warrants that he has provided complete and truthful information.
4. Claim Flights GmbH is entitled to immediate termination of the contract, if the customer has not provided the required compensation claim data, or has not been truthful or provided correct information. If the Agreement is terminated under this section, the customer shall not be entitled to payment or compensation.
5. The customer has to immediately provide further necessary documents in the ongoing debt collection process and to answer emails and inquiries immediately or at the latest within 14 calendar days. Should a successfully ongoing procedure with the prospect of compensation payment have to be discontinued due to the customer’s fault in the procedure, the customer undertakes to reimburse the costs incurred at a flat rate of 100 euros or, alternatively, to reimburse the proven higher costs in individual cases.
§ 6 Billing and payment
1. Claim Flights GmbH operates on a ‘no win – no fee’ basis. It applies to § 5 a) of these Terms and Conditions.
2.a. In the case of success, the fee taken for the compensation claim by Claim Flights GmbH will be displayed on the website: this is usually 25% of the expenditure compensation under Art. 7 of Regulation (EC) no. 261/2004, plus 19% VAT (20% VAT for UK and other VAT rates for other countries).
2.b. The fee has to be paid for the country of justice. If the place of justice has to be outside the UK the fee of the country in which the case has to be presented might apply. You can be reduced in some cases by discounts or coupons.
3. Claim Flights GmbH handles compensation claims free of charge. After a successful claim for compensation for Claim Flights GmbH has been completed, Claim Flights GmbH will transfer its share of the payment of compensation to the customer, subject to the deduction of applicable fees according to the price list shown on the website.
4. The payment of the full amount is made only to the person who has signed the assignment agreement.
5. The customer is liable for all costs which may arise in connection with the disbursement of flight compensation.
6. On payment of the share to the customer all claims against Claim Flights GmbH are satisfied.
7. EU customers will receive the flight compensation payments at no additional cost by SEPA bank transfer. Non-EU customers will be charged a flat rate international transfer fee of €20, this fee applies to transfers and digital transfers of funds.
8. If the customer provides incorrect bank details or other incorrect information a flat fee as well as any other costs will be incurred.
9. Claim Flights GmbH cannot return to the customer any accrued interest for the period between incoming and outgoing payments. Claim Flights GmbH has the right to retain any interest payments received from the airlines themselves.
10. Claim Flights GmbH is not liable for any damages whatsoever, any amount arising from the fact that a payoff to the customer is prevented or delayed by an occurrence which is not subject to the reasonable control of Claim Flights GmbH. These include in particular strikes, lockouts, labour disputes, acts of God, war, riots, civil commotion, malicious damage to property, accident, breakdown of plant or machinery, fire, floods, storms and compliance with governmental regulations.
§ 7 Withdrawal
If you are a consumer within the meaning of § 13 BGB, i.e. a natural person who enters into a transaction for purposes that neither commercial or professional freelance activity can be attributed to, you have a statutory right of withdrawal, as follows:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the date of conclusion.
To exercise your right of cancellation, you must contact us:
Claim Flights GmbH
Mailing Address: [email protected]
Claim Flights GmbH
You must give a clear statement (e.g. consigned by post mail, fax or e-mail and stating your case number) about your decision to withdraw from this contract.
To comply with the withdrawal deadline, it is sufficient that you send the message on the exercise of withdrawal right before the withdrawal deadline.
The following model withdrawal form can be used.
Should you wish to cancel your contract, please fill out the following form and send it by mail or e-mail to the address listed below:
– I / We hereby give notice that I / We withdraw from (*) concluded by me / us (*) contract for the provision of the following services:
– Ordered on (date)
– Name consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for communication on paper)
Effects of withdrawal
If you withdraw from this contract, mutual benefits must be reversed.
If the service has already begun during the withdrawal period you will be required to pay us a reasonable amount, proportionate to the services rendered up to the date on which you notify us of the right of cancellation in respect of this contract compared to the total amount provided for in the contract services meets.
Your right of cancellation expires prematurely if the service has been completed by us and we started the execution of the service only after your express consent and you have confirmed your knowledge prior to the execution of the service that you will lose your right of withdrawal for entire fulfillment of contract on our part.
§ 8 Data Protection
Claim Flights GmbH will use your data only for the purposes of carrying out the contractual relationship with the customer. The privacy practices of Claim Flights GmbH is in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All information on the collection, processing and use of personal data of the customer can be found in the privacy notices.
§ 9 Warranty; Liability
1. The liability of Claim Flights GmbH to the customer is never higher than the value of the compensation claim submitted by the client.
2. Claim Flights GmbH does not guarantee the accuracy or completeness of the information received from the customer data and information. Moreover, the statutory warranty for defects of the services of Claim Flights GmbH.
3. Claims for damages for breach of duty and tort are excluded against Claim Flights GmbH as well as to their agents and assistants.
§ 10 Final Provisions
1. Jurisdiction for all disputes arising from the contractual relationship between the parties is Bonn Germany, where legally permissible. In case of dispute, German law shall be applied, as it is normally applied between German parties in relation to proceedings in Germany.
3. If any provision in these Terms and Conditions be invalid, illegal or unenforceable, such unenforceability shall not affect the validity of any other provision.
4. Rights and obligations transferred to Claim Flights GmbH compensation claims can be transmitted by Claim Flights GmbH wholly or partially, without limitation, to third parties.
5. The German version of these Terms and Conditions shall be considered as binding for any disputes. All versions in foreign languages are for information purposes only.
Claim Flights GmbH endeavors to include accurate and complete information on this website. However Claim Flights GmbH does not guarantee the completeness and / or accuracy of this information. Claim Flights GmbH does not warrant that this website will be available uninterrupted and / or without delay.
Information to third parties, products and services
If Claim Flights GmbH offers links to third-party websites, this does not mean that Claim Flights GmbH recommends the products or services offered on or through this website. The use of such links is at your own risk. Claim Flights GmbH is not responsible for the content, use or availability of such websites. The accuracy, reliability and completeness of information on such web pages have not been reviewed by Claim Flights GmbH.
Intellectual property rights.
The intellectual property rights and all other rights in this website and the information contained on this website, in particular the (trade) names, materials, text, logos, photos, drawings, trademarks and other signs belong to Claim Flights GmbH.
The provision of information on this website contains no license for the reproduction and / or distribution of this information. It is not permitted to reproduce this information and / or distribute without prior written consent of Claim Flights GmbH or the third right holders concerned.