General Terms and Conditions and Withdrawal Policy (as of 20th of June 2025)

Preamble

The MYFLYRIGHT website is operated by MYFLYRIGHT GmbH, Schauenburgerstraße 61, 20095 Hamburg.

Our website provides you with the possibility to determine, within the framework of an automated data processing procedure, on the basis of the information you have provided, whether you are entitled to claims in connection with impairments (hereinafter “impairments”) of flight or package tours (hereinafter “travel services”) which can be asserted against the provider who provided the travel service or with whom you booked the travel service (hereinafter “provider”) (hereinafter “claims”). Impairments may include compensation claims for long delays, cancellations or overbooking of flights, refund of ticket costs and reimbursement of care costs for accommodation, meals or transfers. Impairments further include claims for package tours and in relation to baggage delay and loss and claims for partial refund of taxes and charges in the event of cancellation by the customer (hereinafter collectively “Products”). Claims for compensation may be based on 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, and on the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention). In addition, claims under civil law in particular are conceivable (e.g., in the case of a package tour contract according to §§ 651a ff. BGB).

In order to determine your claims, we collect, manage and process data, including scheduled flight progress, actual flight progress, flight weather and other data relating to air traffic.

The following general terms and conditions (“GTC”) apply to the use of our services:

I. Use of the claims calculator

1. You can use a calculator on our website to calculate, free of charge and without obligation, using an automated process, whether you might be entitled to claims. For this purpose, we only request data on the travel services and the impairments that have occurred, in particular flight data, the information provided by the provider (e.g. reasons for the impairments or time of notification of the flight cancellation, etc.), the amount of the ticket price, whether the claims are being asserted only on your own behalf or at the same time also on behalf of fellow travellers, as well as information on any substitute transport or services provided by the provider.
2. After entering your title, first and last name, and email address, and clicking on the “Show compensation” button, the calculator will display the amount of possible compensation, minus the success fee, which is also displayed.
3. The calculation and the description of the products do not constitute a binding offer to conclude a contract. The claims calculated and the reasons given are provisional and non-binding information for which we accept no liability.
4. You can enter the requested amounts in different currencies. Our system converts foreign currencies into euros. This is only non-binding information, in particular due to possible currency fluctuations.

II. Subject matter of the contract, ordering process, conclusion of the contract

1. Once the calculator has determined a non-binding amount of a possible claim (as described above under I.), you can decide whether you would like us to review the claim in an automated process.
2. We will make you a binding offer to enforce the claims against the provider on your behalf and, if applicable, on behalf of your fellow travellers. You can then specify the number of travellers. When you click on the “claim now” button (hereinafter referred to as “declaration of acceptance”), the contract with us is concluded. The price list, general terms and conditions, and cancellation policy, which you confirm by clicking on “claim now”, can be accessed at this point in the ordering process and saved in a reproducible form.
3. Enforcement is only possible for claims that are not yet pending in court. By submitting the declaration of acceptance, you guarantee that the claims are not pending in court and that no lawyer and/or third-party provider has yet been hired to enforce them.
4. We will send you an automatic confirmation email immediately after receiving your declaration of acceptance. This email will also contain the contract text (these General Terms and Conditions, the cancellation policy, and our price list).
5. The acceptance of the order is subject to the condition that you sign the Declaration of Assignment within one month. The Declaration of Assignment will be displayed to you after the order has been placed in the further process and can be signed digitally. If you are asserting claims for fellow travellers, you assure that you are authorized by the fellow travellers to assign the claims.
6. You can correct the information entered during the ordering process by clicking the “Back” button. The ordering process is available in German, English, and Spanish.
7. If you do not conclude the contract via the ordering process, but send us documents by post, fax, or email, we will treat this as a non-binding inquiry and will then send you a Declaration of Assignment with a request for you and, if applicable, your fellow travellers to sign it, as well as these General Terms and Conditions and the Privacy Policy, if you do not already have them. This constitutes our binding offer to enforce the claims for you and, if applicable, for your fellow travellers. You can accept this by returning the signed Declaration of Assignment, thereby also accepting these General Terms and Conditions.
8. If we reject or do not accept the offer you have submitted, we will neither acquire your claims nor take over the out-of-court dunning procedure and legal court proceedings on your behalf. In this case, no contractual relationship between you and us will be established. Submitted documents or files will be stored for two weeks and then deleted or destroyed. They will not be returned.
9. If we consider that there may be extraordinary circumstances that could prevent the claim from being upheld, we will inform you accordingly.
10. Once the order has been placed, we will request further information during the subsequent process and require information necessary for the execution of the contract, specifically:

    a) Signing of the Declaration of Assignment. The Declaration of Assignment will be displayed to you after the order has been placed and can be signed digitally. If you are asserting claims on behalf of fellow travellers, you warrant that you are authorized by the fellow travellers to assign the claims;

    b) Whether and to what extent you have already received payment;

    c) whether there is already an ongoing complaint procedure and, if so, further information about it;

    d) your address and telephone number;

    e) contact details of any fellow travellers if you also want to have claims enforced on their behalf. In this case, you confirm that you are authorized by your fellow travellers to carry out the non-binding claim review and to pass on the necessary data of your fellow travellers to us;

    f) existing travel documents to be uploaded by you or subsequently provided by post, e-mail, fax or via our customer portal;

    g) whether and what costs you have incurred as a result of the impairment, e.g., hotel, meals, substitute transportation, transfer (optional);

    h) details of a bank account or PayPal account to which we should make the payment. You can also provide this information later, at your discretion.

You can enter this information directly on our website during the subsequent process. If you do not complete the process after accepting the order, or if you have submitted your offer by email or post, we may send you emails after accepting the order to request further information and to provide the necessary declarations.

11. There are basically two possibilities available for enforcing your claim, namely

    a) the purchase of your claim by us, combined with Immediate Payout of the agreed amount to you (hereinafter referred to as “Immediate Payout”, see III.),

    or

    b) conducting out-of-court dunning proceedings and, if necessary, court proceedings on your behalf, including all enforcement / seizure measures for titled claims in Germany and abroad (hereinafter referred to as “Debt Collection”, see IV.).

12. In some cases where we generally offer claim enforcement, we can only take on the Debt Collection activity and do not offer Immediate Payout. This allows us, at our discretion, to either enforce your claim through Debt Collection activities or provide you with Immediate Payout, unless you select the option to refuse Immediate Payout by clicking the corresponding checkbox after submitting your declaration of acceptance. In the event of you cancelling the flight ticket, the only option is Immediate Payout, so in this case you only submit an offer to that extent.
13. If you have not selected that you do not wish to receive an Immediate Payout (see III.) or (in the event of you cancelling the flight ticket) only an Immediate Payout is offered, we can decide, by way of our right to determine the service (§ 315 BGB), whether we will offer Immediate Payout or enforce the claim for you by way of Debt Collection activities (see IV.). We will inform you of our decision.

III. Immediate payment

In the case of Immediate Payout, you will receive the amount displayed during the ordering process, minus the fees according to our price list, which we link to during the ordering process. By signing the Declaration of Assignment, you assign your claims and, if applicable, those of your fellow travellers, including ancillary claims, to us. The details are regulated in a Declaration of Assignment.

IV. Debt collection

1. If we enforce your claims through our Debt Collection activities, you assign the claims to which you are entitled to us on a trust basis by signing the Declaration of Assignment (see II.5 above). The details are regulated in the Declaration of Assignment.
2. We bear all Debt Collection costs, regardless of whether the enforcement of your claims was successful or not. The same shall apply to any necessary legal proceedings, the conduct of which we shall decide at our own discretion and for which we shall bear all costs, in particular lawyers’ fees and court costs, expert costs and/or travel costs (hereinafter “costs of proceedings”). Paragraph VIII.8 shall remain unaffected.
3. In cases where contentious proceeding becomes necessary, we may, at our discretion, engage contract lawyers for extrajudicial and/or judicial enforcement. The contract lawyers appointed by us are entitled to appoint sub-agents.
4. If the factual and/or legal situation changes subsequently and this has a negative effect on the prospects of success of a proceeding that has already started, we will inform you immediately. We can then end the proceeding at any time.
5. Irrespective of a change in the factual and legal situation, we may terminate the proceeding at any time at our own discretion. The termination requires our declaration in text form. In this case, we will assign the claims back to you and, if applicable, to the fellow travellers and terminate the proceeding. In this case, you can choose whether you want to pursue your claim at your own expense, if necessary in a new proceeding. We shall bear the procedural costs incurred up to that point.
6. Insofar as the provider has to bear the costs of the proceedings, we shall be exclusively entitled to the reimbursement of costs. There is no claim in your favour for reimbursement of the agreed commission in the event of reimbursement of costs. Any interest on arrears paid by the provider shall also be due to us.
7. We are obliged to prepare a final statement of account after the end of the proceeding and to send it to you.
8. If the amount claimed differs from the amount specified during the ordering process, the customer is only entitled to the amount actually paid. In this case, you are not entitled to a higher payment. Deviations may arise, among other things, if you provide incorrect information, if there are deviations from the actual or planned flight times, or if you submit claims for several flights and these flights were not booked in a uniform booking process.

V. Commission

1. The amount of commission we deduct from the Immediate Payout or a claim enforced by way of Debt Collection is specified in the price list referred to in the ordering process.
2. The basis of assessment for the commission in the case of Immediate Payout is the compensation amount shown in the ordering process. In the case of Debt Collection, the basis of assessment shall be all actual services rendered by the provider, whether in cash and/or in kind. Insofar as contributions in kind are made by the provider, the respective market value at the time of the service shall be decisive.
3. We charge the applicable VAT on the respective payment amount, which is also specified during the ordering process.

VI. Payment conditions

1. We will inform the provider that the claim has been assigned to us and that payments on it can only be made to us with discharging effect.
2. We are allowed to offset the commission and any damages and expenses that we have incurred due to failure to cooperate or late cooperation or failure to notify us of changes (see VIII.8 and VIII.11 below) against incoming payments from the provider and pay the difference to you.
3. Our payment to you will be made by bank transfer to your designated bank account at a bank within the Single Euro Payments Area (SEPA) or by PayPal. In the event that you do not have a SEPA account, any fees incurred for the transfer or payment will be borne by you. The same applies to any costs incurred in connection with the use of PayPal.
4. All payments are made via an escrow account, which is non-interest bearing. There is no entitlement to interest unless we are in default with the payment.
5. You accept payments of fellow travellers in trust. You are obliged to pass the payments on to the fellow passengers without delay.
6. If you are obliged to forward the claims to your employer for business trips and have confirmed this as part of the ordering process, we are authorized to make the payment directly to your employer. For clarification: The authorization to make the payment to your employer does not affect the contractual relationship concluded between you and us and the assignment of your claims to us for the enforcement of the claims.

VII. Release from the lawyer’s duty of confidentiality, e-mails

1. You expressly agree that we may send documents, data and correspondence by way of unencrypted e-mails to you and mandate-related to third parties. In this respect, you release us from the obligation to maintain confidentiality and to handle mandate-related data securely. You can object to e-mail correspondence at any time for a specific reason or for a specific individual order.
2. We would like to point out that the receipt of e-mails may be disrupted for technical or operational reasons, that e-mails may contain viruses, that e-mails may be lost, altered, falsified or forged and that e-mails cannot be securely protected against unauthorised access by third parties. Disadvantages or damages that may arise from the risks of e-mail traffic are not our responsibility unless we are responsible for them in accordance with clause XI.
3. You can revoke this declaration of consent in text form at any time for the future.

VIII. Your duties

1. You shall provide us with all necessary documents, information and details in good time as part of the ordering process. This applies in particular to the Declaration of Assignment, flight tickets, boarding cards, reservations, correspondence with the provider in the original, insofar as these are still available.
2. If we or our contract lawyers need any further documents or information, please provide them to us immediately upon request. In particular, at our request, you are obliged to send us a written Declaration of Assignment from you and any fellow travellers, even if you have already submitted an electronically signed Declaration of Assignment in the ordering process. Furthermore, you are obliged to perform any further acts of cooperation required for the enforcement of the claims at our request, e.g. to submit written declarations or to testify as a witness.
3. Your information on our website must be complete and correct. This applies in particular to your flight details, ticket, flight number, your personal details and, if applicable, those of your fellow passengers, such as address and e-mail address, as well as other details relating to the underlying facts.
4. You must notify us immediately in text form of any changes in circumstances.
5. After assigning your claims to us, you may neither dispose of them nor instruct third parties (e.g. lawyers) to enforce them. You are prohibited from making any declarations of your own in the proceedings against the provider without our written consent, in particular to contest an irrevocable settlement, to revoke a concluded settlement, to waive your claim, to declare a withdrawal of action or to otherwise dispose of the claim.
6. If you receive direct benefits from the provider on the assigned claims after assignment, you must inform us of this immediately in text form. The same applies if the provider contacts you. You must immediately notify the provider of the assignment in text form, even if you have not yet been requested to do so by us.
7. Incoming payments made to you despite our notification of the assignment to the provider will be received by you, in the internal relationship, as trustee for us and forwarded to us without delay.
8. If you have provided incorrect information or failed to notify us of changes immediately, and if the airline therefore rejects the claim, we will invoice and/or offset the costs incurred (e.g., attorney's fees and/or court costs and/or other costs, in particular expert fees, travel expenses, our lost commission, etc.) plus the applicable statutory value-added tax (see VI.2). This does not apply if you are not responsible for the incorrect information.
9. If you are co-asserting claims of fellow travellers, you warrant that you are duly authorised to do so and that you will pass on all relevant contractual documents, including these GTC and our data protection statement, to the fellow travellers.
10. If you are obliged to pay out the claims to your employer in the event of a business trip, you must confirm this accordingly during the ordering process and consent to payment to the employer by us. You warrant that you have not assigned your claims to the employer, so that an assignment to us is possible in accordance with Section II.5. The other obligations under this Section VIII. remain unaffected, in particular the obligation to pay us any claim paid to you by the provider in accordance with paragraph 7.
11. If you are in default with an act of cooperation and we suffer damage as a result (for example, a court deadline expires), you must compensate us for the resulting damage.

IX. Right of withdrawal

1. We are entitled to a contractual right of withdrawal in the event that you have already assigned the claims to third parties prior to the assignment to us or have already engaged a third party (e.g., a lawyer) to enforce the claims.
2. In the event of withdrawal for this reason, we reserve the right to claim the lost commission and/or to request replacement of the legal costs incurred from you.
3. The right of withdrawal must be exercised within one month after we become aware of the multiple assignment.
4. Our right of withdrawal will be exercised by email, provided you have given us your email address, otherwise by regular mail.

X. Termination of contract

1. The contractual relationship between you and us ends with the performance of the Immediate Payout or, in the case of Debt Collection, with the payment after enforcement of your claims.
2. Insofar as proceedings between us and the provider have not yet been concluded at the time of termination of the contract (e.g. as a rule in the case of Immediate Payout or in the case of a dispute about the costs of proceedings after payment in the case of Debt Collection), your obligations to cooperate with regard to the enforcement of claims under VIII.2 are not affected by the termination of the contract.
3. In the case of Debt Collection, the proceeding shall also end if we notify you of this in accordance with IV.4 in text form. If, following such notification, the provider transfers funds to our escrow account, we will pay you the amount minus our commission in accordance with the price list.
4. Irrespective of this, both parties have the right to terminate this contract extraordinarily for good cause. In particular, we reserve the right of extraordinary termination if you have culpably breached your duties and obligations, especially in the event of culpably false statements of facts.

XI. No return of documents

Unless otherwise required by law, we will not return any documents or files you send us.

XII. Warranty

Insofar as we provide services that are subject to warranty, the applicable statutory warranty provisions shall apply.

XIII. Liability

1. Our liability for payment of damages and reimbursement of expenses is excluded unless otherwise provided for in the following provisions.
2. The exclusion of liability does not apply to damage caused by culpable breach of a material contractual obligation in a manner that jeopardises the achievement of the purpose of the contract. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner regularly relies on and may rely on. However, liability shall be limited to the damage typical for this type of contract, the occurrence of which each contracting party had to expect on the basis of the circumstances known to it at that time.
3. Furthermore, the exclusion of liability does not apply to damages arising from injury to life, body or health which are based on a negligent breach of duty by us or our legal representatives or vicarious agents.
4. The exclusion of liability does not apply to damage caused by an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents.
5. Insofar as liability is excluded or limited, this shall also apply to the liability of our legal representatives, employees and vicarious agents.
6. If we have given a guarantee, the content of this guarantee is not affected by the above limitation of liability.
7. Liability under the Product Liability Act remains unaffected.

XIV. Force majeure

We shall not be liable for damage caused by force majeure or other events beyond our control, i.e. events that could not have been foreseen and prevented by us, in particular strikes, lawful lockouts, special weather conditions, power failures, traffic interruptions, fire damage, epidemics and pandemics (in particular COVID-19), changes in the law and official decrees as well as operational disruptions or supply difficulties, insofar as they are not our fault. In cases of force majeure, we shall be exempt from performance for the period during which we are prevented from performing due to the force majeure. We will inform you of the occurrence as well as the cessation of the force majeure and endeavour to minimise the impact.

XV. Dispute resolution

Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG)

We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG. There is no legal obligation to do so.

XVI. Final provisions

1. The contractual language is English.
2. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers with their habitual residence abroad can always also invoke mandatory provisions of the law of the state in which they are domiciled, irrespective of the specific choice of law.
3. In the event of contradictions between the German and English versions of these GTCs, the version linked and included at the time of conclusion of the contract shall apply.
4. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship between you and us shall be Hamburg.

XVII. Instructions for cancellation

If you are a consumer pursuant to section 13 of BGB (the Civil Code), meaning a natural 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, whereupon we instruct you below: