1.1 Passengers friend is operated by Passengers friend GmbH, Mühlenstraße 24, 59348 Lüdinghausen, registered with the Local Court of Coesfeld under HRB 16195, represented by its managing director Peter Finke (hereinafter referred to as “Passengers friend”, “PF” or “we”).
1.2 The following General Terms and Conditions apply to all declarations of intent, contracts, and legal or legally similar actions undertaken by Passengers friend with its customer(s) (hereinafter referred to as “Customer”) in connection with the services offered by Passengers friend. Any counter-confirmations by the Customer referring to their own terms and conditions are expressly rejected. Such terms shall not become part of any agreement unless expressly confirmed in writing by Passengers friend.
1.3 Within the scope of this agreement, Passengers friend purchases claims from you which you are entitled to assert against an airline for compensation payments under the EU Air Passenger Rights Regulation (EC) No. 261/2004, or which arise against an airline, travel company, or other travel provider due to a travel or flight cancellation or failure to commence the journey – including any additional claims, if applicable. You irrevocably assign these claims to Passengers friend; Passengers friend thereby becomes the holder of the claim. The terms of this assignment are governed by § 2.
2.1 The offer made by Passengers friend to assist in enforcing a Customer’s claim against an airline, tour operator, or another party liable for the claim is non-binding. Passengers friend may reject the claim, in particular, if after a preliminary assessment it is likely that the claim does not exist, cannot be enforced, or pursuing the claim would involve an unreasonable economic or time-related effort for Passengers friend.
By commissioning Passengers friend during the booking process or by submitting a claim, the Customer submits a binding offer to conclude a contract with Passengers friend. In the case of submitting a claim, the Customer shall be bound by this offer for 14 days; in the case of a commission placed during a booking process, until 14 days after the booked flight has taken place or has been cancelled.
The confirmation of receipt sent by Passengers friend or any further requests for information do not yet constitute acceptance of the offer. Acceptance occurs through an express declaration by Passengers friend and/or the commissioned cooperation lawyers to the Customer.
2.2 The Customer finally assigns to Passengers friend all claims and rights arising against an airline from a specific flight pursuant to Regulation (EC) No. 261/2004 in connection with the delay or cancellation described in more detail.
In addition, all claims against an airline, tour operator and/or other parties arising from defective services are finally assigned. In return, the Customer receives compensation from PF.
2.3 Compensation model “Payment after successful enforcement”:
Upon conclusion of the contract between PF and the Customer, the Customer – in the case of the “payment after successful enforcement” model – receives a claim against Passengers friend for payment of the compensation actually paid by the company against which the claim was enforced.
In this case, Passengers friend is entitled to remuneration from the Customer pursuant to § 4.1 of these General Terms and Conditions. This fee will be deducted before Passengers friend transfers the payment to the Customer.
For out-of-court enforcement, the commission amounts to 25% of the compensation payment actually received, including statutory VAT.
If the claim is transferred to a cooperation lawyer for court proceedings, the commission increases to a total of 35% of the compensation payment actually received, including statutory VAT.
In this case, payment to the Customer will only be made after the company has paid the compensation amount to Passengers friend.
If the Customer provides an incorrect bank account and the payment is transferred to this account, Passengers friend’s payment obligation shall be deemed fulfilled.
Payment is generally made by crossed cheque.
2.4 Passengers friend supports the Customer in enforcing claims against airlines and/or tour operators which are based on defective services and/or may result in claims by the Customer against the airline, tour operator and/or other parties.
2.5 Passengers friend is solely permitted to arrange out-of-court or court-related activities for the Customer. Passengers friend is not authorised to represent the Customer in court. Passengers friend does not provide legal advice or legal representation and is not obliged to do so.
In particular, Passengers friend does not carry out any legal (preliminary) assessment of the Customer’s claims. Such assessment is carried out exclusively in cooperation with Passengers friend’s contracted lawyers.
As a company, Passengers friend acts exclusively as an intermediary for the Customer and within the scope of collecting, processing and managing flight, weather and other data in the Passengers friend database.
2.6 Passengers friend is entitled to commission cooperation lawyers and partner companies with the out-of-court and court enforcement of the claim and, in this context, to forward the information and data provided by the Customer to these parties.
2.7 Passengers friend is entitled to assign the Customer’s claims to third parties for the purpose of refinancing.
2.8 Within the framework of economically reasonable and diligent discretion, Passengers friend and the cooperation lawyers are free to decide on the manner and method of enforcing the claim against the airline.
Passengers friend and the cooperation lawyers are entitled, in particular, to reject settlement offers (such as vouchers) without prior consultation with the Customer.
2.9 Passengers friend is not obliged to obtain expert opinions for the enforcement of claims. If obtaining an expert opinion becomes necessary, this will only take place based on a separate agreement and after prior approval by the Customer.
The Customer has alternative and partly free options available for enforcing passenger rights. These include, in particular:
By commissioning Passengers friend, the Customer consciously chooses an automated professional claim enforcement service which is free of charge for the Customer in the event of unsuccessful enforcement.
3.1 The Customer shall support Passengers friend and the cooperation lawyers in enforcing the claim and provide Passengers friend or the cooperation lawyers with all known data and information relevant to processing the claim.
Upon request by Passengers friend or the cooperation lawyers, the Customer shall provide relevant documents throughout the entire term of the contract, including in particular boarding passes, booking confirmations or other flight documents, photographs, receipts and other relevant records.
The Customer shall provide Passengers friend without delay with all previous correspondence with the airline after the claim arises (in the case of commissioning during a booking process) or after submitting the claim.
3.2 By accepting these General Terms and Conditions, the Customer confirms that all flight details and personal data required to process the order have been provided truthfully and to the best of their knowledge and belief, that they are the owner of the contractual claim or authorised to dispose of it, and that they have not received any additional compensation beyond the information provided.
3.3 The Customer is obliged to inform Passengers friend immediately if payments from the airline are made directly to them or if they receive correspondence addressed directly to them from the airline.
3.4 For the duration of the contractual relationship, the Customer undertakes not to independently pursue actions or proceedings relating to this matter without the consent of Passengers friend and not to make any legally binding declarations, in particular towards the airline.
If the airline or representatives of the airline contact the Customer directly, the Customer shall inform Passengers friend immediately.
3.5 If the Customer fails to fulfil their obligations under § 3, or does so insufficiently, Passengers friend is entitled, in addition to terminating the contract for good cause, to demand a processing fee of €60 including VAT from the Customer.
In addition, any payments already made by Passengers friend to the Customer must be reimbursed to Passengers friend.
Furthermore, at least the costs incurred for court enforcement must be reimbursed. These may include, among other things, court fees, the costs of Passengers friend’s own lawyer and the costs of an external lawyer.
The right to assert further claims for damages remains expressly reserved. This only applies if the requested cooperation is reasonable in relation to the effort required and the reimbursement process.
4.1 In the case of the compensation model “payment after successful enforcement”, PF receives a flat-rate, success-based commission amounting to 25% of all payments obtained as a result of the commission, including statutory VAT.
If the claim is transferred to a cooperation lawyer for court enforcement, the commission for this legal processing increases by an additional 10 percentage points, resulting in a total commission of 35% of all payments obtained as a result of the commission, including statutory VAT.
4.2 For customers who reach the platform through digital advertising measures placed by Passengers friend (e.g. Google Ads campaigns) and conclude a contract there, the commission agreed separately with the Customer shall always apply instead of section 4.1.
Passengers friend determines at its own discretion which advertising measures are covered and will provide the Customer with the current version upon request.
4.3 In the event of a special offer and a separately indicated price, this special price shall apply.
4.4 Passengers friend and/or the commissioned cooperation lawyers are entitled to deduct the commission (section 4.1) from payments made by the debtor to Passengers friend or the cooperation lawyers.
This applies both to the 25% commission and, in the case of processing by a cooperation lawyer, to the total commission of 35%.
Passengers friend may only deduct additional costs (such as expert opinions) if the Customer has previously agreed to this.
In the case of “immediate payment”, the commission will be withheld immediately upon payment of the expected compensation amount, calculated based on the flight distance, delay duration and number of passengers provided.
4.5 The commission (see sections 4.1/4.2) shall also be calculated on the total amount of the claim if the debtor only makes a partial payment. However, the commission is limited to the amount actually collected.
The applicable commission rate shall apply (25% or 35% in the case of legal enforcement).
4.6 If the debtor makes payments directly to the Customer, the Customer undertakes to forward the applicable commission (25% or 35% in the case of legal enforcement) to Passengers friend.
4.7 The escrow account is maintained without interest. The Customer therefore has no claim to interest between receipt of funds in the escrow account and payment to the Customer, provided payment is made without delay.
4.8 Passengers friend is only obliged, upon request by the Customer, to provide a breakdown of the amount transferred to the Customer and proof of the reimbursement amount actually received.
In the case of “immediate payment”, PF is not obliged to provide such proof.
4.9 Court fees and costs of cooperation lawyers are pre-financed by Passengers friend. In the “immediate payment” compensation model, these costs are assumed by PF.
If the airline provides reimbursement of costs associated with legal enforcement or other related costs (excluding the compensation payment itself), whether voluntarily or as ordered by a court, such payments shall serve to cover the costs pre-financed by Passengers friend and the cooperation lawyers.
The Customer shall not be entitled to reimbursement of the commission pursuant to section 4.1 in this case.
Where legally permissible, the Customer assigns any claims for reimbursement of costs to Passengers friend for collection purposes, allowing Passengers friend to assert these claims in its own name even after termination of the contract.
4.10 The Customer may only offset claims against Passengers friend if the counterclaims are legally connected with the Customer’s obligation, have been legally established, or have been acknowledged in writing by Passengers friend.
4.11 Special provision for PF Gold:
For Customers who have purchased the additional PF Gold service pursuant to § 12, the commission is 0%.
The compensation owed to the Customer will be paid out at 100% after Passengers friend has successfully enforced the claim and received the full compensation amount.
5.1 Passengers friend shall provide the commissioned service diligently based on the data provided by the Customer and the data independently collected by Passengers friend regarding the respective flight.
However, Passengers friend does not guarantee any specific outcome, in particular that the airline and/or tour operator will acknowledge and/or fully or partially settle the claim based on the relevant claim letters.
Liability in this regard is excluded.
The Customer expressly acknowledges that, despite careful research and truthful information provided by the Customer, it cannot be ruled out that the airline may provide a legally relevant defence that excludes the claim.
5.2 Claims for damages arising from breaches of duty and from tortious acts are excluded both against Passengers friend and against its agents and assistants.
This limitation of liability does not apply if the damage was caused intentionally or through gross negligence, or in the event of a breach of essential contractual obligations, meaning obligations whose fulfilment is necessary for the proper execution of the contract, on compliance with which the Customer may regularly rely, and whose breach endangers the purpose of the contract.
The limitation of liability also does not apply to damages resulting from injury to life, body or health where Passengers friend is responsible for the breach of duty.
The limitation further does not apply to damages based on the absence of a guaranteed characteristic or for which liability is provided under the German Product Liability Act.
6.1 The contractual relationship ends when the claim has been settled, or when Passengers friend determines, exercising due discretion, that enforcement of the claim has no prospect of success and informs the Customer thereof in writing or in text form, or when Passengers friend rejects further processing for other reasons.
6.2 The contractual relationship may also be terminated by either the Customer or Passengers friend at any time with immediate effect for good cause.
Passengers friend reserves the right to terminate the contract in particular if the Customer culpably breaches their obligations and duties pursuant to § 3.
Good cause shall also exist if the Customer has provided false information to Passengers friend or the contracted lawyers.
In the aforementioned cases, a one-time processing fee (see section 3.5) shall apply even if no payments are received from the debtor due to the Customer’s breach of obligations.
The Customer may prove that Passengers friend has suffered no damage or only a lower amount of damage than the processing fee.
In the event of withdrawal or termination of the contract, the original claim assigned by the Customer to Passengers friend shall be reassigned to the Customer.
This means that, upon termination of the contract, the Customer regains the right to pursue the original claim.
The Customer shall be informed of the reassignment in writing.
If the Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), meaning a natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity, they have a statutory right of withdrawal.
Passengers friend uses personal data exclusively for the purpose of carrying out the contractual relationship with the Customer.
Passengers friend’s data protection practices comply with the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR/DSGVO), and the German Telemedia Act (TMG).
All information regarding the collection, processing and/or use of Customers’ personal data can be found in the data protection notices.
Further details are governed by the Privacy Policy.
I also agree that my personal data may be collected, stored, processed, used and transmitted – if necessary electronically – by the refinancing company for the purpose of collecting and, if applicable, legally enforcing the claim.
This declaration shall also serve as notification within the meaning of Section 33 BDSG.
If you contact us, we collect and process the data you provide in order to process your request.
Without separate consent, we process this data exclusively either to respond to your request or to fulfil the contract pursuant to Article 6(1)(b) GDPR.
Your personal data will be deleted after the end of the contract or legitimate interest either at the personal request of the Customer or after expiry of a period of 10 years.
The invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
Instead of the invalid provision, such provision shall apply as has been legally effective or legally permissible and comes closest in economic terms to the purpose of the invalid or unenforceable provision and the intention of the parties.
PF Gold is a paid additional service that can only be purchased via the website of Passengers friend GmbH.
PF Gold provides flight passengers with protection against flight disruptions (delays, cancellations, missed connecting flights) within the framework of EU Regulation (EC) No. 261/2004 on air passenger rights.
After purchase, the Customer receives a purchase confirmation serving as proof of the protection.
Each PF Gold protection plan (individual protection, couples & families, or group protection) always applies to one complete flight booking (one booking reference/PNR).
In the event of compensation, the Customer receives, after Passengers friend has reviewed eligibility, a compensation payment of up to €600 per person in accordance with legal requirements.
Customers with PF Gold generally pay 0% commission and receive 100% of the compensation.
However, this does not apply to separate individual commission agreements under which PF Gold Customers may, in individual cases, be required to pay a different commission, including a commission other than 0%.
Individual protection (one-time):
Applies to one complete flight booking (one booking reference/PNR) for a single person.
Couples & families (one-time; shared registered address, one tariff per group):
Applies to a shared flight booking (one booking reference/PNR) for two or more persons with the same registered address – one tariff per booking.
Group protection (12 persons or more, price per person):
Applies to a shared group flight booking (one booking reference/PNR) – price per person, protection for the entire booking unit.
Annual subscription individual:
All flights of one person within 12 months from the start of the contract.
Annual subscription couples & families:
All flights of persons with the same registered address within 12 months from the start of the contract.
The Customer submits the flight disruption digitally and states that they are a PF Gold Customer.
The Customer provides all required evidence completely and truthfully.
For annual subscription contracts, evidence must be submitted separately for each flight disruption.
The fee for PF Gold is based on the price stated at the time of booking and is payable in advance.
Annual subscriptions have a minimum term of twelve (12) months from the start of the contract.
The subscription automatically renews for additional twelve (12)-month periods unless the Customer terminates it in text form at least four (4) weeks before the end of the respective contract term.
A (partial) refund for unused services is excluded.
Applications for enforcement of compensation claims are submitted exclusively digitally.
Payment by Passengers friend takes place only after Passengers friend has received the full compensation amount.
Under PF Gold, only passenger rights claims and damages arising after conclusion of the PF Gold contract may be asserted.
12.1 The contractual relationship between Passengers friend and the Customer, as well as these General Terms and Conditions, shall be governed exclusively by the laws of the Federal Republic of Germany.
The application of German private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If the Customer is a consumer (see § 8), mandatory consumer protection provisions applicable in the country where the Customer has their habitual residence shall also apply, provided that these provisions offer the Customer a higher level of protection.
12.2 The content of the contract concluded between the Customer and Passengers friend results from these General Terms and Conditions as well as the specific information provided within the contractual relationship via forms, emails and, if applicable, letters.
The contract is not otherwise available or accessible to the Customer online.
12.3 No deviating or supplementary agreements exist between the parties unless agreed separately.
Where legally permissible, such agreements must be made in writing.
This also applies to any amendment of the written form requirement itself.
12.4 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Lüdinghausen.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us:
Passengers friend GmbH
Mühlenstraße 24
59348 Lüdinghausen
Germany
Phone: +49 (0) 2591 253 98 98
Email: info@passengersfriend.com
by means of an explicit statement (e.g. a letter sent by post, fax or email) informing us of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient that you send the notification regarding the exercise of the right of withdrawal before the withdrawal period expires.
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive your notification of withdrawal from this contract.
For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this reimbursement.
If the performance of the contract has already commenced during the 14-day withdrawal period, you will lose your right of withdrawal as a result.
Contract performance begins with our first request to the party liable for the claim and the confirmation of this request sent to the contact email address provided by you.
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.
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. 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. 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. 2 Passengers friend uses the personal data exclusively for the purpose of carrying out the contractual relationship with the customer. The data protection practice of Passengers friend comply with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). All information on the collection, processing and use of the client’s personal data can be found in the privacy policy.
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.
5.1 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.
6.1 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.
7.1 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.
8.1 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.
9.1 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.
10.1 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).
11.1 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.
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Compensation for delayed flights.
Your flight was cancelled or not operated.
For problems caused by diverted flights.
If the airline has overbooked your flight.
In the event of missed connecting flights due to delays or similar disruptions.
Handling of Taxes and Fees in the Event of Flight Disruptions
