Terms and Conditions
Our Terms and Conditions
§ 1 Area of Applicability
1.1 The Passengers friend is operated by Passengers friend GmbH, Mühlenstraße 24, 59348 Lüdinghausen, Amtsgericht Coesfeld HRB 16195, 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 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 Salvatory 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.
Passengers friend GmbH
Telephone: +49 (0) 2591 253 98 98
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.
§ 1 Activity of the distribution partner
1.1 The distribution partner is entitled to conclude on behalf of Passengers friend the to mediate contracts for the specific services and products listed in the Annex to interested customers. In particular, this involves the mediation of debt collection and financial services.
1.2 For the purpose of mediating contracts pursuant to paragraph 1, the distribution partner promotes the customer’s offer to conclude a contract with Passengers friend or their cooperation partners and/or to purchase the associated systems and submits the contract form unilaterally signed by the Customer to Passengers friend. The Customer’s offer to conclude a contract corresponds to the valid contract sample or offer specified by Passengers friend or its cooperation partner and is submitted completely filled out. At the request of Passengers friend, the distribution partner transmits all customer order data via an electronic interface or a web interface to Passengers friend or its cooperation partners.
1. 3 Passengers friend or its cooperation partner reserves the right not to accept the submitted contract offer of distribution partner recruited by the customer. Furthermore, Passengers friend reserves the right to terminate a customer contract initially entered into at any time by withdrawal, termination or otherwise, if the customer gives sufficient cause by his conduct or by reason of his person.
1. 4 The distribution partner is entitled to have the mediation carried out by its agents (distribution agents) also in other establishments or branches. The distribution partner shall commit its distribution representatives to their activities in the same way as it has committed itself to Passengers friend. The obligation does not create a contractual relationship between Passengers friend and the sales representative.
1. 5 When acting as an intermediary, the distribution partner takes care of the interests of Passengers friends with the care of a proper businessman. The distribution partner and its sales representatives are not entitled to make or accept legally binding declarations on behalf or for invoice of Passengers friend or its cooperation partners.
§ 2 Permissible distribution activities
According to this agreement, the distribution partner carries out its mediation activities exclusively on the basis of a business owned by him or one of his sales representatives. All costs indirectly related to this have to be borne by the distribution partner himself. All claims against Passengers friend as well as all sales costs are settled with the commission agreed in enclosure 1. The distribution partner has no further claims for payments, compensation, exemption or similar towards Passengers friend.
§ 3 Customer advice and information
3. 1 Consulting customers can gain in-depth product knowledge and a complete overview about the products specifically developed by Passengers friend or its cooperation partners. The distribution partner assures that he has already acquired this knowledge comprehensively at the beginning of his work for Passengers friend.
3. 2 The activities of the distribution partner include the comprehensive advice and to correctly inform the customers on the occasion of the mediation of customer contracts. The distribution partner provides the information and advice services using the current advertising materials and product information authorised by Passengers friend or its cooperation partners.
3. 3 The distribution partner is prohibited to make assurances or representations to customers that go beyond the representations and representations resulting from the promotional materials and product information. The distribution partner has to exempt Passengers Friend from claims by Customers and third parties resulting from a breach of this obligation. The distribution partner shall inform Passengers friend immediately and fully about such claims.
§ 4 Data material
4. 1 The distribution partner provides data material for customer acquisition independently. All data collected from acquisition activities remain in the possession of the distribution partner, which also includes all data required for a contract mediation.
4. 3 The contractual partner is obliged to treat all knowledge of business secrets and data security measures of the Passengers friend confidentially which become aware within the scope of the contractual relationship. The use of the data and information obtained by Passengers friend by the contractual partner and third parties may only take place with prior approval of Passengers friend and in order to achieve the purpose of the cooperation regulated herein. Further use is not permitted. In particular, the contractual partner or third parties are not permitted to use the data and information obtained by Passengers friend or parts thereof to determine or enforce claims of passengers themselves or by third parties.
4. 4 The contractual partner and Passengers friend agree that a contractual penalty shall be due in the event of a violation of the agreed restriction of use in Section II 7 by the contractual partner. This amount amounts to € 1. 00 per data record processed by the Passengers friend and is due with proof of the violation by Passengers friend. The contractual penalty does not preclude further claims for damages that arise only later.
§ 5 Promotion
5.1 Passengers friend supplies the distribution partner – within the scope of its own delivery options at its request without special charge – with contract documents (contract forms, general terms and conditions, price lists, etc. ) and product information (advertising materials, illustrations, technical specifications, etc. ).
5.2 During the term of the distribution contract, the distribution partner is entitled to use the trademarks and other protected images of Passengers friend in the context of its mediation activities and in compliance with the applicable specifications of Passengers friend. The distribution partner may use the designation “Authorized Passengers Friend Distribution Partner” in connection with his company.
5.3 Furthermore, the distribution partner shall promote the cooperation and products of Passengers friend accordingly in the company operated by it or in the advertising channels available to it.
§ 6 Remuneration of the distribution partner
6.1 The distribution partner shall receive compensation for each customer contract which he has re-routed and accepted by Passengers friend during the term of this distribution agreement, and which is also successfully concluded, in accordance with the following provisions and the commission agreement governed by the distribution partner agreement.
6.2 Contracts are considered to be newly mediated about the services or products of Passengers friend or its cooperation partners that have been accepted by Passengers friend or its cooperation partners after successful examination. Contracts which have resulted in a compensation payment are considered to be successfully concluded.
6.3 The remuneration covers all expenses incurred by the distribution partner as a result of its intermediary activities.Payment claims of the sales representative employed by the distribution partner against Passengers Friend do not exist. If the contract mediated by the distribution partner is not performed for reasons beyond the responsibility of Passengers friend, the distribution partner is not entitled to any remuneration. This is particularly the case if: the conclusion of the contract is refused by Passengers friend or its cooperation partners due to the customer’s lack of creditworthiness, or the information entered in the contract form is incomplete or incorrect, or the conclusion of the contract is not possible for legal reasons or due to technical obstacles or is not possible within a period specified in the contract form.
§ 7 Accounting, VAT
7.1 The distribution partner receives a fee for the business customer contract mediated by him and successfully enforced by Passengers friend in accordance with § 6 of this contract and the commission agreement in the preamble. The fee has to be paid at the latest by the end of the following month after the acceptance and successful completion of the mediated contract and shall be transferred to the account specified by the distributor.
7.2 On the amounts paid are billed monthly by Passengers friend, whereby an overpayment can be offset against subsequent payments. If Passengers friend requests a refund of a payment granted in accordance with paragraph 1, the refund may be offset against charges due and the reason for the refund shall be stated in the invoice.
7.3 In addition to the remuneration according to the terms and conditions agreement, the distribution partner shall receive the applicable statutory value added tax, provided that he is entitled to deduct input tax.
§ 8 Delay, liability
8.1 In the event of default by Passengers friend or in the event of impossibility for which Passengers friend is responsible, the distribution partner shall be entitled to terminate the contract in accordance with the statutory provisions.
8.2 The liability of Passengers friend for damages, regardless of the legal reason, in particular impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tort, insofar as it is at fault, is based on the conditions of this 8th.
8.3 Passengers friend is not liable in the event of simple negligence of its organs, legal representatives, employees or other vicarious agents, unless it is a breach of essential contractual obligations. Essential to the contract are the obligation to deliver the delivery or service subject matter in good time free of material defects, as well as obligations to advise, protect and care which are intended to enable the customer or the distribution partner to use the service in accordance with the contract or which are intended to protect the life or limb of the distributions partners staff or to protect its property from significant damage.
8.4 Insofar as Passengers friend is fundamentally liable for damages according to §8. such liability is limited to damages which Passengers friend has foreseen at the time of conclusion of the contract as a possible consequence of a breach of contract or which he would have had to foresee if he had applied usual care. Indirect and consequential damages resulting from defects in the performance or delivery item are only compensable insofar as such damages are typically expected when the performance or delivery item is used as intended.
8.5 In the event of liability for simple negligence is the obligation of Passengers friend to compensate for damage to property and any resulting financial loss is limited to an amount of EUR 5,000. 00 per claim, even if it is a breach of essential contractual obligations.
8.6 The above disclaimers and limitations of liability apply to the same extent in favour of the bodies, legal representatives, employees and other vicarious agents of the Passengers friend.
8.7 Insofar as Passengers friend provides technical information or acts in an advisory capacity and such information or advice does not belong to the contractually agreed scope of services owed by him, this shall be done free of charge and without any liability.
8.8 The limitations of paragraph 8 do not apply to the liability of Passengers friend for wilful conduct, for guaranteed procurement features, for injury to life, limb or health, or under the Product Liability Act.
§ 9 Term, termination
9.1 The distribution agreement comes into force upon acceptance by Passengers friend and runs for an indefinite period of time. It may be terminated by either Contracting Party with a period of three months at the end of each calendar month.
9.2 The right of the contracting parties to terminate without notice for important reasons remains untouched.
9.3 Passengers friend is entitled to terminate the contract without notice, in particular if the distributor violates the obligations arising from this contract in more than 3 cases despite a warning. The same shall apply if the assets of the distribution partner deteriorate to such an extent that the proper maintenance of the business is endangered or if the distribution partner has repeatedly failed to comply with justified payment obligations to Passengers friend despite a reminder with a reasonable deadline.
9.4 Notice of termination shall be in writing. 9. 5 Upon termination of the contract, the distribution partner is obliged to hand over the order forms in its possession, as well as advertising material and other business documents (price lists, drawings, samples, etc. ), insofar as they are the property of Passengers friend, either in whole or in part, to Passengers friend immediately at the discretion of Passengers friend, or to destroy them professionally at its own expense. The distribution partner may only assert a statutory right of retention to the extent that he is entitled to any outstanding payment claims.
§ 10 General provisions
10.1 If the distribution partner is a company whose owner is a sole trader, this distribution partner is within the meaning of this contract. If a company is appointed as a distribution partner, Passengers friend shall be notified immediately and in writing of any change in the shareholders, the managing director or the legal form of the company. Passengers friend is entitled to extraordinary termination if it is unreasonable to continue the contractual relationship under the changed circumstances.
10.2 The distribution partner may only transfer the rights and obligations arising from this contract to third parties with the prior written consent of Passengers friend. If Passengers friend assigns this contract in its entirety to a subsidiary or holding company of Passengers friend, the prior written notification is sufficient to the distributor.
10.3 The distribution partner may only offset claims by Passengers friend against undisputed or legally established counterclaims.
10.4 Amendments and additions to this contract must be made in written form. This also applies to the permanent or case-by-case cancellation of the written form clause.
10.5 The contracting parties shall not use or disclose to third parties any business or trade secrets which have become known to them during the duration of the business relationship, even after the termination of the contract.
10.6 The distribution partner consents to the collection, storage and use of his personal data collected in this contract and arising from the execution of the contract by Passenger friend, insofar as this is necessary for the execution of the subject matter of the contract. Insofar as the distribution partner itself processes personal data, he/she is responsible for complying with data protection regulations the Federal Data Protection Act (BDSG).
§ 11 Jurisdiction, choice of law, conflict of laws
11.1 Place of jurisdiction for disputes arising from this contract shall be Lüdinghausen, Germany. Any exclusive place of jurisdiction shall remain untouched.
11.2 For all legal relationships between Passengers friend and the distribution partner shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relationships of domestic persons and companies.
With the signature of this distribution agreement, all existing agreements between the parties relating to the same subject-matter shall cease to be valid.