General terms and conditions of online claim GmbH
(Status: September 19, 2024)
I. Scope of application
These General Terms and Conditions apply to the legal relationship between us and you. The use of our Internet pages, our software or other services as well as the compensation agreement are based on our General Terms and Conditions or are supplemented by them.
II. Subject matter of the contract
In return for the assignment of your claims for compensation and, if applicable, other claims such as reimbursement claims to which you may be entitled on the basis of the EU Passenger Rights Regulation 261/2004, we offer you the payment of immediate compensation or – if, at our discretion, a claim is not suitable for immediate compensation due to an unclear factual and legal situation – the purely success-based enforcement of your claims (collection service) in accordance with the following provisions.
1. Conclusion of contract
1.1. Compensation agreement
If you have entered the confirmation code sent to you by e-mail in the compensation calculator, an automatically generated compensation agreement will be concluded at our discretion
for the purchase and full assignment of passenger claims or
for fiduciary assignment
by us. The content of the draft agreement is based on your flight details entered during the compensation claim check, your further details and your personal data. The draft compensation agreement will be displayed on our website if you wish to sign this agreement digitally or sent to you by e-mail if you wish to sign this agreement in the original.
1.2. Offer of the customer
1.2.1. By signing the compensation agreement either digitally (e.g. with an Apple Pencil, stylus, mouse, finger, etc.) and clicking on the “Apply for compensation” button or by printing out the compensation agreement sent to you by email for signature, signing it and sending it to online claim by post (letter), you are making us an offer to conclude a contract with online claim GmbH on the terms set out in the draft compensation agreement (“compensation application”). At the same time, you declare that you wish to assign your claim to us in full or in trust, at our discretion, under the terms of the indemnity agreement.
1.2.2. You will receive the digitally signed application for conclusion of the Indemnity Agreement by e-mail for your information.
1.2.3. You are bound by your application to conclude the compensation agreement for five days from the date of application after you have sent us the requested data and/or documents (e.g. booking voucher, boarding pass) in full by uploading them, by e-mail to info@onlineclaim.de or by post.
1.3. Acceptance by us
1.3.1. We are entitled, but not obliged, within five days of receipt of your signed application for compensation and the complete data and documents as defined in Clauses 2 and 3 below, at our discretion
to accept your offer to conclude the application for compensation and to assign the claim in full against payment of the purchase price or
to accept your application only for fiduciary assignment for the purpose of collecting the claim against the airline
We can declare acceptance by sending the countersigned compensation agreement by e-mail or by letter, by express declaration (e.g. by e-mail, text message, etc.).
1.3.2. An effective contract on the purchase and assignment of the claim or only on the fiduciary assignment is also concluded if we only accept an offer more than five days after receipt of the application and the complete travel documents and you subsequently confirm the conclusion of the contract in writing.
2. Obligations and cooperation of the customer, account details
2.1. You must sign the original compensation agreement by hand and send us a copy of your identity card as proof of identity and, if necessary, be available as a witness against payment of the statutory expense allowance.
2.2. The travel documents required to assert the claim(s) must be submitted legibly and in full. This includes particularly the boarding passes, booking confirmation/invoice and any correspondence already conducted with the airline. The data and information provided by you for the draft contract must be complete and truthful and must be corrected immediately if the data provided changes after registration or if you discover that you have provided incorrect data. This applies particularly to flight details such as unscheduled stopovers, strike measures, additional security measures at airports, extraordinary circumstances that are not part of the regular check-in and flight process and medical emergencies.
2.3. You undertake to support us in the enforcement of the claim(s) to a reasonable extent. In this respect, you are in particularly obliged to inform us fully and truthfully of the facts on which the claim(s) is/are based to the best of your knowledge.
2.4. You are obliged to inform us immediately if you (and/or fellow travelers registered by you) have received any kind of compensation from the airline or if the airline contacts you.
2.5. After concluding the contract with us, you undertake to refrain from any contact with the airline in relation to the claim, i.e. to refrain from corresponding with the airline, negotiating, concluding settlements, declaring waivers and taking any legal action of your own. You undertake to inform us immediately if the airline contacts you, even though the matter has been taken over by us.
2.6. You assure us that you have not disposed of the claim in any other way prior to our commissioning and that you have not commissioned a third party to enforce it. You may not instruct any other service providers, lawyers or private or public bodies to represent your interests, initiate legal proceedings or take legal action against us, after full assignment as part of the immediate compensation or while our contract for the enforcement of the claim (collection contract) is in force.
2.7. You are obliged to provide us with account details to which the amount due to you can be transferred by SEPA bank transfer. If you do not have a SEPA bank account, any fees incurred for the transfer or payment will be borne by you.
3. fellow travelers, underage children
3.1. You must be at least 18 years of age to apply for a compensation agreement on our website. You can apply for a compensation either for yourself and/or on behalf of another fellow traveler.
3.2. If you apply for compensation with the consent of another fellow traveler, you undertake to provide us with the documents and papers necessary to enforce the claim(s) covered by the contract, in particular
the declaration of assignment signed in person by the respective claimant,
suitable proof of identity from the respective claimant (copy of identity card or passport) and
a power of attorney to receive money signed by the respective claimant in your name.
3.3. If you have started your flight together with underage children and they therefore also have their own claim for compensation against the airline, you can conclude the compensation agreement as the legal representative of your underage children by you or the legal guardians concluding a separate agreement via our website, stating their personal data. In addition, you must confirm your legal guardianship in writing and provide copies of the identity documents of the minor children as proof of identity.
3.4. Minors traveling alone can assert their claims by being represented by their legal guardians, i.e. the minors are included as contracting parties in the compensation agreement, but the signature is made by the legal guardians.
III. Immediate compensation, debt collection service
A. Immediate compensation
1. due date of the purchase price
1.1. In the event that we decide that you assign the claim(s) to us in full (immediate compensation), you will receive the agreed purchase price from us, less our commission of 22% plus statutory VAT per person.
1.2. The purchase price will be transferred no later than three working days after conclusion of the contract to the (European) bank account specified by you.
1.3. Our liability towards you expires upon transfer and crediting of the purchase price to the bank account specified by you.
2. performance of the operating airline
2.1. If you have received compensation or any other type of compensation, such as a flight vouchers, directly from the airline after the purchase of the claim and effective full assignment of the contractual claims, you are obliged to inform us of this immediately and to notify the airline of the assignment without delay.
2.2. The compensation received must be paid to us immediately to the following account until the maximum limit of the compensation claim to be assessed in each individual case in accordance with Art. 7 of Regulation (EC) No. 261/2004 is reached:
Account holder: online claim GmbH
account: IBAN DE51 1001 0010 0943 2351 03
Bank: Postbank Hamburg
BIC: PBNKDEFF
The duty to inform also applies if the airline or tour operator offers you a compensation. If you fail to comply with this obligation to provide information, we are entitled to claim compensation for the damage incurred.
3. refundability of the reimbursement; compensation for damages due to incorrect information
3.1. For claims that are not enforceable for you or your fellow travelers and/or underage children due to your incomplete or untrue statements and/or missing or incomplete transmission of documents, we can withdraw from the contract after setting a deadline and reclaim the purchase price paid step by step against retransfer of the claim.
3.2. If you violate these obligations, you are obliged to compensate us for the resulting damage.
B. Collection service
1. Subject matter of the contract
1.1. With the debt collection service, we take over the purely success-based enforcement of your claims for you. To this end, you instruct us to collect claims against the airlines.
1.2. We will collect claims for compensation payments and, if applicable, other claims such as reimbursement claims in the event of flight cancellation and default interest against the airline on your behalf in accordance with the following provisions, both out of court and by way of judicial dunning proceedings and obtain the necessary information for this purpose.
2. Judicial enforcement, bearing of costs
2.1. As a debt collection company, we are not permitted to represent you before the ordinary civil courts in Germany. We are only permitted to act on your behalf out of court and in judicial dunning proceedings. If we are unsuccessful with the extrajudicial measures and with the judicial dunning procedure, we may, at our discretion, if there is a reasonable chance of success, instruct a contract lawyer in our own name and at our expense to enforce the claim.
2.2. We are not obliged to obtain expert opinions to enforce the claims. If it is necessary to obtain an expert opinion, this will be done based on a separate agreement with you.
3. Judicial and extrajudicial settlements
3.1. The conclusion of a court or out-of-court settlement requires your consent. However, we are entitled to reject a settlement proposal from the other party without consulting you if the airline offers less than 70% of the disputed claim or only flight vouchers instead of money.
3.2. If the airline only pays part of the claim asserted based on a court or out-of-court settlement reached, we shall calculate the commission due to us exclusively from the share paid by the airline on the basis of the settlement.
4. Settlement
4.1. We are entitled to deduct the commission due to us plus statutory VAT and interest accrued on the claim directly from the payments received by us.
If a contract lawyer has been commissioned, the enforced payments will be paid to us for the purpose of settlement with you.
4.2. We will properly settle accounts with you and pay out the amount due to you as soon as we have received all the documents required for settlement.
5. Remuneration
5.1. We receive a commission for our services amounting to 22% plus VAT of the collected claim per person.
5.2. If the airline only makes a partial payment, the commission will only be charged in relation to this partial payment. However, the commission shall not become due until the airline has made payments at least in the amount of the commission.
5.3. In the event that the airline makes payments directly to you, you undertake to forward the commission to us.
6. Duration of contract, termination
6.1. The contract with us ends when the claim has been settled or we determine at our discretion that there is no prospect of recovery and inform you of this in writing or in text form.
6.2. In addition, the contractual relationship may be terminated at any time with immediate effect by either you or us. We reserve the right to terminate the contract if you have culpably breached your obligations within the meaning of clause II, 2.
IV. General provisions
1. Offsetting and retention, liability and damages
1.1. You can only offset if your counterclaims have been legally established or recognized by us.
1.2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
1.3. You have no claims for damages. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents. In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.
2. Information on data processing
We collect personal data from you as part of the processing of contracts. In doing so, we observe the applicable data protection regulations, in particular the General Data Protection Regulation (“GDPR”). Without your consent, we will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for utilization and billing. We will not use your personal data for advertising, market or opinion research purposes without your consent. In addition, with regard to customer consent and further information on data collection, processing and use, please refer to the data protection declaration, which can be accessed at any time in printable form on the website at www.onlineclaim.de.
3. Transferability to third parties
You may not transfer individual rights and obligations arising from the contractual relationship with us, nor the contract as such, to third parties without our written consent
4. Use of the website
A free-of-charge contract of use between you and us in accordance with these terms of use is concluded as soon as you use our website. Uninterrupted and complete availability of the services cannot be guaranteed according to the current state of technology. We are therefore not liable for the constant and uninterrupted availability of the services.
You are prohibited from any form of advertising or commercial use of the services without our express written consent.
5. Applicable law, place of jurisdiction, severability clause
5.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as there are no mandatory provisions to the contrary.
5.2. If the customer does not have a general place of jurisdiction in the Federal Republic of Germany or the EU, or if the customer’s place of residence or habitual abode is unknown at the time the action is brought, or if the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and us is the registered office of online claim GmbH.
5.3. Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, this shall not affect the validity of the remaining General Terms and Conditions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The same shall apply in the event of a loophole.
V. Consumer right of withdrawal
If you are a consumer within the meaning of § 13 BGB, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract (within the meaning of section 2 c), but no later than upon receipt of this withdrawal policy. To exercise your right of withdrawal, you must contact us:
online claim GmbH
Arnimstraße 13
22609 Hamburg
E-mail: info@onlineclaim.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail, stating your case number). You can use the attached sample withdrawal form (see below), but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you revoke the contract, we must return all claims that the claim holder(s) has/have assigned to us immediately and at the latest within fourteen days from the day on which we receive notification of the revocation. In the event of revocation, you must return the purchase price to us immediately and at the latest within fourteen days from the day on which the revocation was declared. The deadline is met if you instruct the transfer to online claim GmbH before the period of fourteen days has expired. online claim GmbH may refuse to reassign the claim(s) until it has received the purchase price back. The customer hereby declares, subject to a condition precedent, the reassignment of the claim(s) in the event of effective revocation concurrently with full repayment of the purchase price to online claim GmbH.
If you wish to revoke the contract, you can use the following form:
To:
online claim GmbH
Arnimstrasse 13
22609 Hamburg
E-mail: info@onlineclaim.de
I/we hereby revoke the contract concluded by me/us for the provision of the following service
Claim number:
Applied for on:
Name of the consumer(s):
Signature of the consumer(s):
Date:
We will confirm receipt of the withdrawal without delay.
End of the revocation instruction