General Terms and Usage Conditions – UnionRight
1. Scope of Validity
These terms and conditions apply to all services provided by UnionRight. All agreements between the Client and UnionRight in connection with the use of the services of UnionRight, are based on the conditions set out herein, and, if tendered, the express declaration of acceptance pertaining to UnionRight.
The validity of conflicting or deviating terms and conditions is excluded, even if this is not expressly contradicted, or if services are accepted unconditionally.
For non-registered Clients, these terms and conditions shall apply in the version current at the time of the actual usage of such services, in each case. Registered Clients are subject to the terms and conditions in the version current at the time of registration.
UnionRight reserves the right, subject to the terms set out below, to amend these terms and conditions, provided that such an amendment is reasonable for the Client, taking into account the interests involved; this is particularly the case if the amendment does not significantly affect the legal and/or economic disadvantages for the Client, e.g. revisions in the registration process, or changes to contact information. Furthermore, Clients are informed and given notice of any amendments in these conditions with reasonable lead time, but at least one month before such amendments are expected to enter into force. The information is sent to the Client's known e-mail address.
There will be no recourse to a dispute settlement procedure before a consumer arbitration board.
2. Access to UnionRight
After registration, the client is able to use the UnionRight online portal, save projects and transactions, and assign mandates. This is done in the UnionRight client account. The storage of all projects and mandates is subject to the requirements of the Federal Data Protection Act (BDSG). All documentation and processes are stored for the legally required duration and automatically deleted in the 11th year after its initial creation. The client can independently delete mandates at any time; automatic deletion periods can be suspended, as per the client's express request.
The Client's access to the online portal is password protected via the Internet. The Client is obliged to keep his/her access data and password secret, and to protect them against misuse by third parties. UnionRight employees are not authorized to request passwords, either telephonically, in writing, or by any other means. The Client shall inform UnionRight without delay, if he/she becomes aware of any misuse of his/her data by third parties, or if circumstances give rise to such a suspicion. If the Client abuses his/her access to the online portal or is responsible for permitting such abuse, then the Client is liable for the resulting damages. In addition, UnionRight is entitled to temporarily or permanently block access in case of misuse of access to the online portal.
3. UnionRight Services
UnionRight offers an Internet-based assessment for compensation claims, as per Regulation (EC) No 261/2004. The platform does not provide for an online-based application. The client can collect his/her data and calculate the possible compensation claim. The service also includes the option of commissioning UnionRight online for the review and enforcement of compensation claims.
There is no software installation on the Client's computer.
Independently of the contractual services, UnionRight will use your e-mail address, solely for its own advertising purposes, to send you direct mail advertising similar goods or services. If you do not agree to this, you may object to such use at any time. This objection may be lodged via any communication method, not solely via e-mail. However, it must be received by us, to validate such action. There are no other costs than the transmission costs, in accordance with the basic tariffs. The contact details, where you may forward your objection, can be found in the website imprint. Your e-mail address will then be removed from the mailing list.
4. Client Obligations
In the event of an order from UnionRight, the client is obliged to provide accurate information about his or her financial circumstances.
The client must make the required documents available for any mandates as soon as possible, to ensure timely processing. The client undertakes to support UnionRight in the enforcement of the commissioned claim, to an extent deemed reasonable. In this respect, the client is obliged, in particular, to inform UnionRight truthfully and completely of the facts underlying the claim, to the best of his/her knowledge. In addition, the client is obliged to provide UnionRight with records and documents relevant to the enforcement of the contractual claim and, in case of judicial enforcement of the claim, to resend the relevant contract, in the original format (i.e. via post), and to make him/herself available as a witness, subject to payment of the legal expenditure compensation.
Insofar as UnionRight sets deadlines for the processing of queries, irrespective of statutory and regulatory deadlines, the client undertakes to forward the required information and documentation to UnionRight by the due date. UnionRight reserves the right to continue proceedings with all available documentation, as long as this does not lead to additional costs for the Client, and does not assume any liability for any resulting losses for specific claims.
The requested documents must be signed by the client him/herself.
In the event that UnionRight fails to enforce the any acquired claims, the client is not obliged to repay the refund any previously received refunds. However, this does not apply to claims that are not enforceable due to incomplete or incorrect information provided by the client; for example, due to the customer assigning his/her claim to another person or another provider, and/or commissioning a third party to enforce his/her claims. Likewise, this does not apply if the claim could not be enforced, due to the right to the claim having lapsed through a pay-out, before or during the assignment process. In such a case, UnionRight may withdraw after the due date has been set and claim back the reimbursement paid, against the return of the claim. The assertion of any damages in addition to this shall remain unaffected. In this respect, UnionRight also reserves the right to assert further damages resulting from the dismissal of an action in whole or in part, or a claim having to be withdrawn in the absence of sufficient prospects for success. In any case, the customer does not have the right to counterclaim that UnionRight has suffered no damges, or lesser damages.
5. Conclusion of Contract
By pressing the “Place an order” button, the client places a legally binding order with UnionRight. This is binding after two working days after placing the order. The client's right of withdrawal remains unaffected.
After accepting the order, the client will receive an order confirmation via email, which will be sent to his/her user account. This email is generated automatically.
Once UnionRight has confirmed the contract as legally binding, UnionRight guarantees payment of the compensation claim, less the agreed commission, within 30 days.
6. Righ of Cancellation
You have the right to withdraw from this contract within fourteen days, without being required to cite any reasons. The cancellation period is fourteen days from the date that the contract was concluded. To exercise your right of withdrawal, you must inform UnionRight Fluggastentschädigungen GmbH, Karlstr. 41, D-88045 Friedrichshafen, firstname.lastname@example.org, Tel.: 00800 31 999 666 , Fax: +49 (0) 7541 500 743 by means of a clear communication (e.g. via postal mail, fax or e-mail), of your decision to cancel this contract. You may use the attached standard withdrawal form, which is, however, not required. To remain within the timely cancellation period, it is sufficient for you to send notification of your right of withdrawal before the expiry of the withdrawal deadline.
7. Information on Liability for Defects
The statutory liability for defects applies.
8. Prices, Payments, Remittal and Right of Retention
All prices cited by UnionRight are gross, and include the legally stipulated value added tax (VAT), if applicable. The fee is calculated from the amount of compensation paid out to the client.
After services have been provided by UnionRight, the Client will automatically receive an invoice from UnionRight, sent via e-mail. This is also accessible in the user profile of the registered Client.
Invoices issued by UnionRight are due for immediate payment unless otherwise agreed, and are payable without deductions. The client has been made aware that the invoice may also be deducted from the compensation amount, in order to achieve a speedy compensation pay-out!
Payment is made via the payment method chosen by the Client. Payment should be made via SEPA transfer, paid into the UnionRight account indicated on the invoice.
The Client is not entitled to set off any claims against UnionRight payments, unless such claims by the Client are legally established or undisputed. However, the customer is entitled to offset claims against payments to UnionRight, if and insofar as he/she can legally assert claims or counterclaims for defective performance by UnionRight, arising from the same contractual relationship.
The customer may exercise a right of retention against UnionRight only if his/her counterclaim results from the same (service contract) contractual relationship.
Insofar as UnionRight calculates a projected claim amount for the client, it is deemed non-binding. UnionRight uses the data provided by the client, to calculate the claim amount with the utmost care, on the basis of the compensation regulations, and the calculation rules pertaining thereto. UnionRight is not liable for incorrect data supplied by the client. UnionRight's calculation may differ from the actual compensation pay-out, due to possible claim deductions, contingent on various legal regulations.
UnionRight strives to provide permanent access to its online products (365 days/year, 24 hours/day). However, this availability is not guaranteed. In particular, access may be temporarily limited for technical reasons, for example, due to necessary maintenance and repair operations. UnionRight assumes no liability for the Client's internet connection.
UnionRight is liable to the Client in all cases of contractual and non-contractual liability, for intentional and gross negligence, in accordance with statutory provisions, for damages or reimbursement of futile expenses.
UnionRight's liability for a delay in the provision of services is limited to 25% of the contractual remuneration (including value added tax) agreed in each case, except in the case of intentional or gross negligence.
In other cases, UnionRight is liable, subject to the exceptions in the following paragraph, only in cases of breach of contractual obligations, the fulfillment of which makes the proper execution of the contract valid in the first place, and the compliance of which the Client can rely on regularly (so-called cardinal obligation), yet limited to the replacement of foreseeable and typical damage. In all other cases, liability by UnionRight is excluded, subject to the following paragraph.
UnionRight's liability for guaranteed characteristics of the services, as well as UnionRight's liability for damages resulting from injury to life, limb or health under the Product Liability Act, shall remain unaffected by the foregoing limitations and exclusions of liability.
UnionRight owns copyright on all images, films, and texts published as part of the online service (www.unionright.com). Use of these images, films, and texts is not permitted without express permission provided by UnionRight.
11. Applicable Law and Jurisdiction
The contract concluded between UnionRight and the client is subject to the law of the Federal Republic of Germany, under the exclusion of the UN Convention on the International Sale of Goods, subject to mandatory private international laws.
If the Client is a merchant within the meaning of the Commercial Code (HGB) or a legal entity under public law, or a special trust under public law, then the courts at the UnionRight headquarters i.e in Tettnang, shall be exclusively responsible for all disputes arising out of, or in connection with, the relevant contractual relationship. In all other cases, UnionRight or the Client may lodge a complaint before any competent applicable court of jurisdiction.
Current on: June 2018
UnionRight Fluggastentschädigungen GmbH