§1 Area of Applicability
1.1 Passengers friend is operated by Passengers friend GmbH, Mühlenstraße 46, 59348 Lüdinghausen Germany, commercial register 12778, VAT no. DE288606687, represented by the managing director Mr Peter Finke (referred to in the following as “Passengers friend”).
1.2 The following Terms and Conditions apply to all declarations of intent, contracts, and actions of Passengers friend that are legal transactions or similar thereto with its customers (referred to in the following as “Customer” or “Principal”) in conjunction with the services offered by Passengers friend. Counter-confirmations of the Customer referring to his own terms and conditions are hereby expressly objected to. These are not a component of agreements if they have not been expressly confirmed by Passengers friend in writing.
§ 2 Assignment of Claim, Conclusion of Contract, Services Provided
2.1 The offer provided by Passengers friend for support for making a passenger’s claim against an airline is non-binding. Passengers friend can dismiss the claim especially if after a summary examination the claim presumably is non-existent or not enforceable or if the implementation of the claim can lead to an unjustified economic or temporal effort for Passengers friend. With the order in the scope of a booking process or submitting of a claim to Passengers friend, the Principal makes a binding offer to conclude a contract to which he is bound for 14 days in the event that the claim is submitted or, in the event that the order is made in the scope of a booking process, for 14 days after the booked flight has taken place or been cancelled. Confirmations of receipt or other informational inquiries sent by Passengers friend do not represent acceptance of the offer. The acceptance of the offer is done solely by means of express declaration to the Principal on the part of Passengers friend and/or commissioned cooperating lawyers.
2.2 The customer cedes to Passengers friend all claims and rights that he is entitled to against an airline company from a particular flight in accordance with Regulation (EC) No 261/2004 in connection with the specified delay or cancellation. Furthermore, the customer cedes all claims resulting from a defective service against an airline company, a tour operator and/or others.
2.3 With the conclusion of the agreement between Passengers friend and the customer the ladder becomes entitled to a claim towards Passengers friend for forwarding the effectively made compensation payments of the used airline. In this case Passengers friend is entitled to a remuneration from the customer according to § 4 of these terms and conditions. This remuneration will be deducted before the payment by Passengers friend to the customer. A payment will thus only be made after the received payment by the airline company to Passengers friend. If the customer gives a wrong bank account number and the payment has already transferred to this wrong number, Passengers friend’s obligation towards his customer is considered fulfilled.
2.4 Passengers friend supports the customer in his implementation of claims against an airline company and/or a tour operator that are based on a defective service or that might lead to further claims by the customer against the airline company, the tour operator and/or others.
2.5 Passengers friend is only entitled to assist in judicial and extra-judicial matters for the customer. Passengers friend has no right to represent the customer in front of court. Passengers friend does not offer legal advice or legal representation and is not obligated to do so. Passengers friend is not carrying out any legal preliminary examination or audit of the customer’s claims; this only happens in collaboration with Passengers friend’s contract attorneys. Passengers friend solely acts as an intermediary for the customer as well as in the framework of the elevation, processing and administration of flight, weather and other data in the Passengers-friend-database.
2.6 In the scope of economically and diligently exercised discretion, the cooperating lawyers may decide with complete freedom regarding the kind and manner of making the claim against the airline.In particular, the cooperating lawyers are also entitled to accept or reject offers to settle (vouchers etc.) without prior consultation with the Principal.
2.7 Passengers friend is not obligated to obtain expert appraisals for making claims. Insofar as it is necessary to obtain an expert appraisal, this is done on the basis of a separate agreement and only after obtainment of the agreement of the Customer.
§3 Obligations and Duties of the Principal
3.1 The Principal will support the cooperating lawyers with making the claim and provide Passengers friend or the cooperating lawyers all information and data of which he is aware that is relevant for the processing. Upon request of Passengers friend or the cooperating lawyers, the Principal shall hand over associated documents, in particular boarding cards, booking confirmations, or other flight documentation to Passengers friend during the entire term of the Contract. The Principal shall provide Passengers friend with all prior correspondence with the airline without delay after the arising (in the event of hiring during a booking process) or submitting of the claim.
3.2 The Principal avouches by acceptance of these General Terms and Conditions that he has provided all flight information and personal data needed for processing the order according to his best knowledge and belief, that he himself is the holder of the claim that is subject of the contract or may dispose thereof, and that he has not received any settlement payments beyond those he has listed.
3.3 The Principal is obligated to inform Passengers friend without delay if payments are made by the airline to him directly or if he receives correspondence from the airline addressed directly to him.
3.4 Furthermore, the Principal obligates himself not to take any actions or file suits himself in this matter for the term of the contract without the agreement of Passengers friend and not to make any legally binding declarations, especially to the airline, either. To the extent that the airline or representatives of the airline themselves make contact with the Principal, the Principal will inform Passengers friend of this without delay.
3.5 The Principal obligates himself not to assign or pledge the claim that is subject of the contract to a third party without prior permission from Passengers friend.
3.6 If the Principal does not or does not sufficiently fulfil his duties from §3, then Passengers friend is entitled to terminate the Contract for cause and demand payment of a fee to cover costs in the amount of €60.00 incl. VAT from the Principal. This only applies if the demanded assistance is in a reasonable proportion to the effort and reimbursement process.
§4 Remuneration, Billing
4.1 Passengers friend shall receive a lump-sum success-dependent commission in the amount of 36% of all payments received on account of the order including the statutory value-added tax.
4.2 Passengers friend and/or the commissioned cooperating lawyers are entitled to deduct the commission (section 4.1) from payments made by the debtor to Passengers friend or the cooperating lawyers. Passengers friend is only entitled to deduct additional expenses (for example, those for expert appraisals), if the customer authorised them ahead of time.
4.3 The commission (see section 4.1) is also to be calculated from the total amount of the claim to be collected even if the debtor has only made a partial payment, in which case the commission is limited to the collected amount.
4.4 In the event that the debtor makes payments directly to the Customer, he obligates himself to forward the commission (section 4.1) to Passengers friend.
4.5 The escrow account does not bear interest. The Principal therefore has no claim to interest payments for the time between receipt of the money at the escrow account and payout to the Customer if the payout takes place without delay.
4.6 Only upon request by the customer is Passengers friend obligated to break down to him the transferred amount and to prove the reimbursement amount actually paid.
4.7 Legal costs or costs by the cooperating attorney will be financed in advance by Passengers friend. Should the airline, whether in court or out-of-court, pay or be ordered by court to pay reimbursement for expenses within the meaning of section 2.6 or reimbursement of other expenses in conjunction with the legal action with the exception of the settlement payment itself, then Passengers friend or its cooperating lawyers are solely entitled to this reimbursement. In this case the Principal also has no claim for reimbursement of the commission pursuant to section 4.1. Insofar as legally permissible, the Principal shall assign the claims for reimbursement of expenses, insofar as he is entitled to them, to Passengers friend for collection so that Passengers friend is entitled to claim them in its own name even after the ending of the Contract.
4.8 The Principal is only entitled to set off if the counterclaims have a legal relationship with the Principal’s liability, have been established by court of law, or have been recognised by Passengers friend in writing.
§5 Warranty, Liability
5.1 Passengers friend shall perform the service offered in the order on the basis of the data provided by the customer and the data that Passengers friend obtained itself about the respective flight. However, Passengers friend does not promise a certain result, in particular, it does not guarantee that the airline will recognise the claim on the basis of the corresponding demand for payment and/or that it will be paid in whole or part. To this extent liability is also excluded. In particular, the Customer is aware that it cannot be excluded despite careful research and truthful information provided by the Customer that the airline may have legally exculpatory evidence that precludes the claim.
5.2 Claims for damages on account of breaches of duty and tort claims against Passengers friend and its agents and assistants are excluded. This limitation of liability does not apply if the damage was caused intentionally or grossly negligently and in the event of breach of cardinal duties, in other words, those duties which must be fulfilled to make it possible to fulfil the contract in the first place and the fulfilment of which the Customer can regularly expect and the breach of which endanger achievement of the contractual purpose. Furthermore, the limitation of liability does not apply to injuries to life, limb, or health if Passengers friend is responsible for the breach of duty. Furthermore, the limitation does not apply to damages caused by the lack of promised characteristic or for liability pursuant to the German Product Liability Act [Produkthaftungsgesetz].
§6 Term of the Contract, Termination
6.1 The contractual relationship ends when the claim has been paid or when Passengers friend has decided in its dutiful discretion that collection of the claim is hopeless and has informed the Principal of this in written or text form.
6.2 Furthermore, the contractual relationship can also be terminated at any time without notice for cause by either the Principal or Passengers friend; Passengers friend reserves the right to termination in particular if the Principal breaches his duties and obligations within the meaning of §3 in a culpable manner. Cause is at hand in particular if the Principal provides incorrect information to Passengers friend or the contractual lawyers. In the above-named cases, a one-time processing fee (see §3 para. 5) also arises even if no payments were made by the debtor to Passengers friend on account of the breach of duty or obligation of the customer. The Customer can prove that no damage or a smaller damage that the amount of the processing fee arose for Passengers friend.
§7 Right of Revocation and Revocation Instructions
If the Customer is a consumer within the meaning of Section 13 of the German Civil Code [BGB], i.e. a natural person making a legal transaction for a purpose that is not associated with a commercial or self-employed professional activity, then he is entitled to the statutory right of revocation.
§8 Data Protection
Passengers friend shall use the personal data solely for the purpose of conducting the contractual relationship with the Customer. The data protection practices of Passengers friend comply with the German Federal Data Protection Act [BDSG] and the German Telemedia Act [TMG]. All information regarding the collection, processing, and use of the Principal’s personal data is found in the data protection notices.
§9 Severability Clause
The void nature or invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining parts. Instead of the invalid provision, that provision is considered agreed that is legally or statutorily allowed and comes as close as possible economically to the purpose of the void or invalid provision and the intention of the parties.
§ 10 Final Provisions
10.1 The laws of the Federal Republic of Germany are solely applicable to the contractual relationship between Passengers friend and the Principal and these General Terms and Conditions. The application of German International Private Law and the CISG is expressly excluded. If the Customer is a consumer (see §7), then the compulsory consumer protection provisions valid in that country in which the Customer has his regular place of stay are also applicable insofar as they provide additional protection to the Principal.
10.2 The contents of the Contract concluded between the Customer and Passengers friend arise from these General Terms and Conditions and the concrete details in forms, emails and any letters transmitted in the scope of the contractual relationship.Furthermore, the Contract cannot be retrieved or accessed by the Customer in the internet.
10.3 Deviating or supplementary agreements between the contractual parties do not exist and require the written form insofar as legally permissible.This also applies to changes to the requirement for the written form itself.
10.4 If the Customer is a business person, a legal entity under public law, or a special fund under public law, then the sole legal venue for all claims arising from the contractual relationship is Hamm.
Right of Revocation
You have the right to revoke this Contract within fourteens days without indicating a reason.The notice period for revocation amounts to fourteen days from the day of conclusion of the Contract. To exercise your right of revocation, you must information Passengers friend with an unambiguous declaration (e.g. with a letter sent by postal mail, fax, or email) about your decision to revoke the Contract. Sending the announcement of exercise of the right of revocation before the time period expires is sufficient for meeting the revocation deadline.
The revocation is to be sent to
|Passengers friend GmbH
|Tel: +49 (0) 2591 253 98 98
Fax: +49 (0) 2591 253 98 95
Consequences of Revocation
If you have revoked this Contract, we are to refund all payments to you that we have received without delay, at the latest within fourteen days from that day when we receive the announcement of your revocation of this Contract. For the refund, we use the same method of payment that you used for the original transaction unless something else was expressly agreed with you. You will not be charged fees in any case on account of the refund. If you demanded that the service be provided during the notice period for revocation, then you are to pay a reasonable amount that corresponds to that proportion of the service provided up to the time at which you instructed us of your exercise of your right to revoke this Contract to the total amount of services intended in the entire scope of the Contract.