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General business terms and conditions of use

Including the instructions for cancellation

I.

Use of our MYFLYRIGHT website

  1. The MYFLYRIGHT website is operated by the company MYFLYRIGHT GmbH, Hamburg. These General Business Terms and Conditions of Use apply exclusively to our services.
  2. Our website gives you the ability to determine within the scope of an automated data processing method, whether based on information provided by you and related to any delay, cancellation or denied boarding, there exist any potential extraordinary circumstances for which the airline will not be held liable. For this purpose, we will collect, administer and adapt data concerning, including but not limited to the planned course of the flight, the actual course of the flight, meteorological flight data and other data related to air transport.
  3. Legal examination of your claims will be performed by our contractual lawyers. We do not perform any legal examination of your claims. The use of our automated data processing method does not constitute any legal counselling or legal representation.
  4. The content of our MYFLYRIGHT website does not constitute any binding offer to enter into a contract.
  5. Our MYFLYRIGHT website can be used free of charge.
  6. We need the following personal data from you for the automated method: first name, surname, complete address, telephone number and e-mail address. Furthermore, you must be 18 years or older. In addition, we need information regarding your flight, more specifically regarding the flight ticket and the flight number
  7. The user agreement between you and us shall be valid for an indefinite period of time and may be terminated at any time by either party. The right for extraordinary termination shall remain unaffected.
  8. All data processing operations shall be done exclusively in compliance with legal regulations and within the scope of these General Business Terms and Conditions of Use. By clicking “Place the claim” you agree that the personal data submitted by you may be saved electronically to process the contract. Our Data Protection Statement shall be decisive for the saving and disclosing of the personal data.
  9. We are entitled to change our website as well as the General Business Terms and Conditions of Use at any time and without your consent. Any change of the General Business Terms and Conditions of Use will be notified by publishing the current version. If your valid e-mail address is stored with us, the current version of the General Business Terms and Conditions of Use will be sent to you using this e-mail address. The new General Business Terms and Conditions of Use shall be considered as agreed upon unless you raise any objections against their validity within three weeks from receiving the e-mail. In the e-mail, we must explicitly inform you about the possibility of raising objections and about the consequences of you not taking any action. We have no further duty to notify any change of our website. After any change of our General Business Terms and Conditions of Use, our offer of services may continue to be used only if you confirm your consent to the change of the General Business Terms and Conditions of Use by clicking an appropriate link.
  10. By clicking “Place the claim”, you give your explicit consent that we may send e-mails to the e-mail address submitted by you, related to the performance of the contract. All correspondence related to you will be sent at our discretion in either the printed or electronic form (in particular, electronic mail or using an online form, etc.). All correspondence will thus be sent to your address or to your e-mail address submitted in your registration unless you have informed us of any change of these addresses.
  11. If a contract is concluded, upon conclusion the contract will be sent at our discretion to you either by post or by e-mail in a consolidated text form so that you can save the contract.
  12. If any message for us has to be considered as an offer, we can accept it only within two weeks. After these two weeks have elapsed, it shall be considered as rejected.


Subject of contract

  1. If, based on your information at the MYFLYRIGHT website we conclude that no extraordinary circumstances exist for the delay, cancellation, or denied boarding, which the given airline could rely on, we will refer to our contractual lawyers for their legal assessment. If our contractual lawyers conclude that you may be entitled for claims, then at our discretion:
    • Your claims pursuant to Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (see III below) will be purchased; or
    • We will convey your case against the given airline to our contractual lawyers in order for them to enforce your claims (see IV below).
  1. However, if upon data processing through the use of an automated method, we conclude that extraordinary circumstances may be concerned, we will inform you without delay. In such a case we will not obtain your claims and we will not convey your case to our contractual lawyers. No contractual relationship will thus be entered into between you and us.


Purchase / assignment of your claim

  1. The contract is concluded by requesting us to check your flight data by clicking on the “Place the claim” button or by sending us your documents, and we will then inform you in writing or in electronic form whether your offer to purchase and assign your claim for a purchase price of 35% of the amount obtained by the airline is accepted.
  2. The current valid legal value added tax must be added to the purchase price.
  3. If we fully accept your offer, a contract shall be concluded in this scope.
  4. If we accept your offer only partially, we will ask you to confirm partial conclusion of the contract. If you do not do so, no contract will be concluded.
  5. If we refuse your offer, no contract will be concluded, either.
  6. If your claims are purchased, you will assign to us all claims that belong to you, in relation to the above mentioned factual position, including any secondary financial claims.
  7. Our payment will be done by wire transfer to a bank account within the Single Euro Payments Area (SEPA) or by PayPal indicated by you for this purpose. This operation is not subject to the turnover tax. Any confirmation of the contract or any consolidated contract text sent by e-mail shall be understood as a document of proof. No additional invoice shall be issued.
  8. We will inform the airline concerned that the claim has been assigned to us, and that related payments to settle the outstanding claim can only be made to us.
  9. If the airline concerned provides or notifies you with a payment, before receiving information regarding the assignment, you must inform the airline without delay about the assignment even if you have not been requested by us to do so.
  10. Any payments received for a claim purchased by us will be accepted by you, on our behalf as a custodian and will be transferred by you to us without delay.


Mediation of contractual lawyers

  1. If, based on your information, together with our contractual lawyers we conclude that no extraordinary circumstances existed regarding your flight concerned and if the prospects of success are sufficient, we will convey your case against the given airline to our contractual lawyers in order for them to enforce your claims. Our contractual lawyers may also enforce further claims and damages, for example, compensation for damage, etc.
  2. In such a case a mediation contract and separate attorney agreement shall be concluded if you request us to review your flight data by either clicking the “Place the claim” button online or by sending us your documents. Subsequently, we will confirm the mediation of our contractual lawyers without delay to you in writing or electronically, or if our contractual lawyers will enforce your claims against the given airline.
  3. Thereby you agree that our contractual lawyers may be appointed with both out-of-court and court enforcement of your claims. This applies particularly to actions against the given airline, petitions filed with bodies of conciliation or other authorities. In the event of such an appointment, you authorize our contractual lawyers to file and accept legally binding statements.
  4. The choice of the appointed contractual lawyers remains exclusively at our discretion.
  5. Through the mediation of our contractual lawyers, you further authorise them to dispose of your claims against the airline, in particular, to enter into a settlement agreement or to declare that they surrender the claims.
  6. You agree to the fact that our contractual lawyers will be appointed under the condition that for the period of their mandatory relationship they will be exempted from the attorney’s duty of confidentiality with respect to us.
  7. At the same time, together with the power of attorney to enforce your claims, you award to our contractual lawyers the power of attorney to execute collection from the given airline.
  8. Furthermore, for billing purposes, power of attorney will be awarded to us for the collection of awarded claims from our contractual lawyers and/ or given Airline.
  9. Our contractual lawyers will, in a suitable manner establish contact with the given airline and will request that the given airline recognize and satisfy your receivable(s) within a determined time limit.
  10. Neither we nor our contractual lawyers adopt any guarantee or security for the reason and amount of your claims.
  11. If after our contractual lawyers have been appointed, the expected distance between the starting point and the point of destination changes, this additional change shall be decisive for the enforcement of our claims. In such a case you are not entitled to receive a higher compensation.


Promise of release from costs for our contractual lawyers

  1. The costs of our contractual lawyers shall be paid by us, irrespective of whether the enforcement of your claims upon appointing the lawyers is successful or not. You will not incur any costs due to the appointment of the lawyers. We will also cover any costs of any proceedings. If any further costs are incurred, related to the appointment of our contractual lawyers and their procedure (for example, court costs, costs of the attorney of the counterparty, travel costs, etc.), we shall adopt these provided that they are determined by the court.
  2. The adoption of the costs by us shall be limited in the event that the factual and/or legal state subsequently changes and results in a lower chance of enforcing your claims. In these cases we will adopt the costs incurred up until this point, especially the legal costs and court costs, expenses, etc. You will be informed about the changes immediately. In such a case you can decide whether you still want to enforce your claim at your own expense.
  3. If based on an out-of-court or court decision the given airline is bound to adopt the legal and/or court costs and/or other costs, especially any expert’s fee, travel costs, etc., these payments of the given airline will be used to cover the remuneration(s) of the contractual lawyers financed by us and to cover any other costs expended by us. You thus have no right for the payment of any agreed commission of mediation (see VI below).


Commission of mediation

  1. For providing our contractual lawyers and for our promise of release from costs, we will receive a commission of 25% of the amount obtained from the airline.
  2. Everything provided by the given airline, irrespective of whether provided as money or as a contribution in kind, will be used as the basis for calculating the amount of the commission. If any contributions in kind are provided by the airline, these shall be taken into account according to their monetary values.
  3. The current valid legal value added tax must be added to the commission.
  4. The commission shall be payable at the time of payment by the given airline.
  5. Our contractual lawyers may enter the obtained commission plus the value added tax into the books against payments received from the airline.
  6. After completion, we and our contractual lawyers are obliged to prepare and send you the final statement of accounts and pay you any assets resulting from the final statement of accounts.
  7. You are obliged to pay without delay any payments to fellow-passengers if you receive any payments from us that are intended for fellow-passengers.


Release from attorney's duty of confidentiality

  1. You give your explicit consent that our contractual lawyers may send you and third persons any documents, data and correspondence related to the mandate by means of non-encrypted e-mails. In this respect, you shall release our contractual lawyers from the duty of confidentiality and secure handling of data related to the mandate. You may disagree with e-mail correspondence at any time for a specific reason or with respect to a specific individual order.
  2. We hereby inform you that the receipt of e-mails may be disturbed for technical or operational reasons, e-mails may contain viruses, e-mails may be lost, changed, altered or falsified, and that e-mails cannot be securely protected against unauthorized access of third persons. Our contractual lawyers shall not be liable for any disadvantages or damages that may result from the risks of e-mail operation. In the process of fulfilling the order, our contractual lawyers are entitled to use and save data related to the mandate.
  3. You are free to withdraw this consent in writing at any time in the future.


Obligation of cooperation

  1. You shall provide us or our contractual lawyers with all necessary confirmations, explanations and information within a timely basis. This applies particularly to flight tickets, boarding passes, reservations, original copies of written communication with the airline if you still have them available.
  2. If we or our contractual lawyers need any additional documents or information, you shall make them available to us without delay.
  3. Your data at our MYFLYRIGHT website form part of the contract. The data must be complete and correct. This applies particularly to your data regarding the flight, flight ticket, flight number, your personal data such as your address and e-mail address and facts based on these.
  4. It is necessary that you correct your data if it changes later.
  5. If you receive any payment from the airline, you must inform us of this immediately. The same applies if the airline contacts you.
  6. Throughout the duration of the contract entered into with us or after our contractual lawyers have been appointed, you must not dispose of your receivables or claims and charge any third persons with the enforcement of your claims. This will also apply to judicial enforcement. In particular, after appointing our contractual lawyers you are not allowed to contest an irrevocable settlement, to withdraw from a concluded settlement, to surrender your claim, to declare that you take back an action or to dispose of your claim in any other way.
  7. If you knowingly provide incorrect information and if any raised claim is rejected by the airline for this reason, we shall invoice you the counselling fee of 250 € plus the current valid legal turnover tax to cover the damages. The onus lies on you to prove that less or no damage has been caused.


Duration of the Contract / Termination / Liability

  1. The contractual relationship concluded between us and/or our appointed contractual lawyers shall be terminated by the settlement of your receivables. It shall also be terminated if we or our contractual lawyers inform you by e-mail, in writing or in a text form that the enforcement of your claim does not provide sufficient prospects of success.
  2. Notwithstanding the above, both parties have the right to terminate this contract with an immediate effect for an important reason. In particular, we reserve the right for immediate termination if you culpably violate your duties and obligations, especially by knowingly providing wrong facts.
  3. We are liable – if admissible by the law – with the exception of personal injuries, only in the event of an intention or gross negligence. Claims for damages must be exercised at the court within 6 months (entrepreneurs) or one year (consumers) from termination of the contract. If you fail to exercise your claims in time, your claims against us or our appointed contractual lawyers shall expire.
  4. The contractual relationship between you and our contractual lawyers shall also end upon termination of the contract between you and us.
  5. In the event of termination of the contractual relationship, our contractual lawyers are entitled to continue enforcing the costs expended by us, especially court costs and expert fees, etc.


Closing provisions

  1. The German law shall apply. Application of the German private international law is excluded.
  2. If you are a business person, a legal entity of the public law or public-law special property, Hamburg shall be the place of court for all disputes following, directly or indirectly, from this contractual relationship between you and us.
  3. No different or additional agreements between the contractual parties exist and as a matter of principle, they require a text form if allowed by the law.
  4. Invalidity or ineffectiveness of individual provisions of these General Business Terms and Conditions of Use shall have no effect on the validity of the remaining parts. Instead of the invalid provision, such provision(s) shall be valid that are legally effective or admissible by the law, as appropriate, and that most closely approach the purpose of the invalid or ineffective provisions and the intention of the parties.


Instructions for cancellation

If you are a consumer pursuant to Section 13 of BGB (the Civil Code), meaning a physical person entering into a legal act for purposes that cannot be predominantly attributed to your entrepreneurial or your self-employment activity, you are entitled to have the legal right for cancellation, about which we instruct you below:

Instruction for cancellation
Right for cancellation

You have the right to cancel this contract within fourteen days without a reason. The time limit for cancellation shall be fourteen days from the date of entering into the contract. If you want to exercise your right for cancellation, you must inform us,

MYFLYRIGHT GmbH
Schauenburgerstraße 61, 20095 Hamburg
Tel.: +49 (0) 40 – 317 086 37
Fax +49 (0) 32 – 224 25 28 31
E-mail: info@myflyright.de

by making a clear statement (for example, by a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the attached sample form, which, however, is not prescribed. For the purpose of adhering to the time limit for cancellation it is sufficient if the notification of application of the right for cancellation is sent before the time limit for cancellation has elapsed.

Consequences of cancellation

If you cancel this contract, we are required to return to you without delay, not later than within fourteen days from the day on which we receive your notification of cancellation of this contract, all payments we have received from you including the costs associated with the delivery (with the exception of additional costs following from the fact that you have used another type of delivery than the standard delivery offered by us). We will use the same means of payment for this repayment that you used for the original transaction unless anything else is explicitly agreed with you; in no way will you be charged any fees due to this repayment.

If you have requested that the provision of the services be started during the time limit for cancellation, you shall pay an adequate amount corresponding to the portion of services provided until the moment you informed us about exercising the right for cancellation with respect to this contract compared to the overall scope of services determined by the contract.

End of the instruction for cancellation

Sample cancellation form

(If you want to cancel the contract, please, complete this form and send it back.)

— Recipient

MYFLYRIGHT GmbH
Schauenburgerstraße 61
20095 Hamburg
Fax +49 (0) 32 – 224 25 28 31
E-mail: info@myflyright.de

— I/we (*) hereby cancel the contract to purchase the following goods (*)/ to provide the following services (*) entered into by me/us (*)
— Ordered on (*)/received on (*)
— Name(s) of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if notified in the paper form)
— Date
_______________
(*) strike out as applicable