General terms and
conditions of business
1. Subject of the contract
and services of TAWID
a. We take over the purely
success-based enforcement of your claims for compensation payments (possibly
also other claims, e.g. reimbursement claims in the event of flight
cancellation), which you may be entitled to against airlines on the basis of
the EU Air Passenger Rights Regulation 261/2004 (hereinafter also referred to
as "claim") in accordance with the following provisions.
b. For this enforcement
purpose, you authorize and authorize us to enforce the claim on your behalf and
under your name. We will try to enforce the claim against the airline out of
court and in court and will obtain the information required for this (also from
the airline).
c. Entering your data in
the app does not constitute a binding offer to conclude a contract.
2. Conclusion of contract,
information
a. You instruct us after
going through the data entry. By clicking on the corresponding order button,
you submit a binding offer to conclude an order to enforce the claim along with
ancillary claims. We accept your offer by express declaration or by asserting
your claims against the airline.
b. The information
requested during the ordering process must be provided completely and correctly
and corrected immediately if the data provided changes after registration or if
you discover that you have provided incorrect data. This applies in particular
to your information about the flight, address, telephone and e-mail address.
3. Compensation Agreement
a. If the claim is
successfully enforced, we will receive remuneration in the amount of the agreed
percentage of the claim enforced (hereinafter also referred to as
"remuneration") plus statutory sales tax. A prerequisite for the
creation and maturity of the remuneration is that the claim is successfully
collected.
b. The calculation basis
for the remuneration is everything that has been paid by the airline after our
request for payment has been sent, with the exception of any default interest
accrued on the claim. If the claim is not met in money but in kind (e.g. with
flight vouchers), we are entitled to payment in money, which - unless we have
agreed otherwise - is calculated according to the value of the payment in kind.
You are entitled to compensation even if the payment was made to you by the
airline (e.g. by check). You will not incur any other costs.
c. If the contract is
terminated prematurely, the right to remuneration remains.
4. Settlement, Payout
a. We are entitled to
deduct the remuneration to which we are entitled plus sales tax and any
interest accrued on the claim directly from the payments we receive.
b. As soon as we have all
the documents required for billing, we will bill you properly and pay you the
amount due.
c. You must give us an
account number to which we can transfer the money. If we offer alternative
payment methods (e.g. via money transfer companies), you can provide us with
the relevant information instead of the account details.
5. Right of cancellation
and cancellation policy for consumers
If you are a consumer
within the meaning of § 13 BGB, i.e. a natural person who concludes a legal
transaction for purposes that cannot be attributed to your commercial or
self-employed professional activity, you have a statutory right of withdrawal,
about which we instruct you as follows:
Right of withdrawal
right of withdrawal
You have the right to
withdraw from this contract within 14 days without giving any reason. The
cancellation period is 14 days from the day the contract was concluded, but no
later than upon receipt of this cancellation policy. To exercise your right of
withdrawal, you must tell us:
Law Office AL-AGI
Bahnstrasse 155, 50858
Cologne, Germany
info@mohami.de
by means of a clear
statement (e.g. a letter sent by post, fax or e-mail stating your case number)
of your decision to withdraw from this contract. You can use the attached model
cancellation form (see below), which is not mandatory.
To meet the cancellation
deadline, it is sufficient for you to send the communication regarding your
exercise of the right of cancellation before the cancellation period has
expired.
Consequences of revocation
If you revoke this
contract, we have to repay all payments that we have received from you,
including the transfer fees (with the exception of the additional costs
resulting from the fact that you have chosen a different type of payment than
the SEPA transfer offered by us), immediately and at the latest within 14 days
from the date which we received the notification of your cancellation of this
contract. For this repayment, we use the same means of payment that you used in
the original transaction, unless something else was expressly agreed with you;
under no circumstances will you be charged fees for this repayment.
If you have requested that
the service should begin during the cancellation period, you must pay us a
reasonable amount that corresponds to the proportion of the services already
provided up to the point in time at which you informed us of the exercise of the
right of cancellation with regard to this contract in comparison to the total
scope of the services provided for in the contract.
6. Final Provisions
a. The law of the Federal
Republic of Germany is applicable. If you placed the order as a consumer and at
the time of your order your usual place of residence is in another country, the
mandatory legal provisions that apply in this country also apply.
b. If you are a merchant
and have your registered office in Germany at the time of the order, the exclusive
place of jurisdiction is Cologne.
c. Should individual provisions of these General Terms and Conditions be wholly or partially invalid or void or become wholly or partially invalid or void as a result of a change in the legal situation or as a result of supreme court decisions or in any other way, this shall not affect the validity of the rest of the 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 applies in the event of a loophole.
Who is responsible for data collection and processing?When using the TAWID app, we, the law firm AL-AGI, process your data. If you have any questions about data protection, please contact us as follows:Law Office AL-AGI, Bahnstrasse 155, 50858 Cologne, Germanyinfo@mohami.deLaw firm AL-AGI & Partners is considered to be the data controller and determines the purposes and means of the processing of personal data.What data do we collect and how and why do we process your data?PrinciplesOur privacy policy is based on the following privacy principles:• The processing of personal data is lawful;• Personal data may only be collected to fulfill the order;• The collection of personal data must be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed;• The personal data must be correct and, where necessary, kept up to date;• All reasonable measures are taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;• Personal data will be kept in a form that permits identification only for as long as is necessary for the purpose for which the personal data is processed;• All personal data will be treated confidentially and stored in a manner that ensures adequate security;• You have the right to access and correct or delete your personal data, to restrict processing or to object to processing, and the right to data portability.Collection and use of personal dataIf you use our services and want to transmit information to us, you may be asked to provide personal data so that we can carry out the order. Personal data may be transmitted via our app, website, email, other electronic means or software solutions supported by us, post or telephone. All personal data is collected in compliance with the GDPR. We only process personal data to the extent necessary for a specified, explicit and legitimate purpose or for a purpose required by law in the places where we operate.The following personal data are processed:Names, dates of birth, addresses, e-mail addresses, telephone numbers, whereabouts and state, passports/IDs and the corresponding flight details. We combine this flight data of the respective user with personal data in order to check the claim for delayed or canceled flights in a certain period of time and to inform the user about the likelihood of a legitimate claim. We also collect personal data for other purposes, e.g. B. for statistics, management and communication, IT and security administration, physical security, authentication and authorization systems, support systems, collaboration on internal projects and organizational teams and activities.Use of Personal DataWe use personal data for the purpose for which it is collected and do not store the data for longer than is necessary for this purpose. We may retain your information for as long as your account is active or as necessary to provide services, to comply with our legal obligations, or for any of the purposes set out above. Access to the Personal Data is strictly limited to those Firm employees and contractors who have appropriate authorization under a binding agreement with the Firm and have a clear business need for the data.In the following you will find a more detailed description of the data processing that can take place when using the app. This concerns in detail:Creating a customer account: Registration is required to create a customer account on TAWID.Order placement: When the order is placed, address data as well as surname, first name, e-mail address, telephone numbers, whereabouts and country, passports/ID cards and the corresponding flight data are recorded. For the secure processing of the replacement refunds, the necessary payment data (amount, booking reference, booking description, payer) are transmitted to payment service providers.Access permissions: In order for the app to work, certain access permissions to data or functions of the operating system are technically necessary.Technical access authorizations for Android up to and including version 5:Storage access: Network access: get internet data, network connections retrieve, full network access, retrieve Wi-Fi connections to allow the app to retrieve the information.Device-specific access: disable sleep mode, control vibrating alert to signal the arrival of push messages.Camera/Gallery: To add the flight ticket, boarding pass or ID copy.Technical access authorizations for Android from version 6:Contacts: Find accounts on the device (to enable push messages, such as travel notifications).Miscellaneous:Access all networks, wake up, read google service configuration, run at startup, get internet data, control vibrator, get network connections, get wifi connections.Camera/Gallery: Storage access: To add the flight ticket, boarding pass or ID copy.Technical access permissions for iOSCellular data: Internet data obtained outside of a Wi-Fi range to enable the app to retrieve the information on the go.Camera/Gallery: To add the flight ticket, boarding pass or ID copy. The legal basis for data processing is Article 6 Paragraph 1 Letter b) GDPR.push notificationsWe are interested in informing you about significant events and results within our service, even if you do not have our app open. For this we use so-called push notifications.The app only sends messages if you have expressly consented to them. When you start the app for the first time, we ask if you want the news to be displayed on your mobile device. With Android versions, approval takes place after confirmation and when the app is downloaded. With iOS versions, a dialog window appears when the app is called up for the first time.The legal basis for the use of push services is Art. 6 Para. 1 lit. ab) GDPR. You can deactivate the sending of push notifications in the app settings or in the device settings and thus revoke your consent at any time.Are cookies used?Our app and our partners use cookies or similar technologies to ensure the best user experience and to analyze trends, administer the app, track users' movements within the app, and gather demographic information about our user base as a whole. Cookies are small text files placed on your device to track usage patterns and record preferences. Our cookies do not contain any information that can directly identify individuals. We collect certain information automatically through the use of cookies and tracking technologies such as Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referrer/exit pages, data viewed (e.g. HTML pages, graphics), operating system, date/time stamp and/or clickstream data in order to analyze trends and manage them. You can control the use of cookies, but disabling cookies may limit the use of certain features.Will data be passed on?We only share personal information with third parties under the following conditions:• if you have given your consent or if this is not required;• for purposes directly related to the purpose for which the personal data was originally collected;• if it is necessary for the preparation and performance of the agreement with you;• if there is a legal obligation, a court order or an official order to do so;• if necessary to protect legal rights or to enforce them;• when necessary to respond to lawful requests from security and law enforcement agencies and when required to do so;• to prevent misuse or other unlawful activities, such as intentional attacks, to ensure data security.Occasionally we register with other companies or business partners in and outside the European Economic Area to act on our behalf, such as technology companies for the processing and delivery of systems and technologies to improve our products and services. In these cases we pass on the necessary information. Before we share personal information, we enter into written agreements with recipients that include privacy policies that protect your information. Service providers may only receive personal data that they need to provide their services. We do not share information with third parties so they can market their products or services to you.What rights do users of the TAWID app have?You have the right to access and rectify or delete at any time g of your personal data, to restrict processing or to object to processing and the right to data portability. To help us keep Personal Information up to date, we encourage you to notify us of any changes or inconsistencies. We will respond to your request within a reasonable time.You have the right to lodge a complaint about the processing of your personal data. All inquiries and complaints will be processed by us in a timely manner. Complaints can be emailed to info@mohhami.de.In the unlikely event that you consider that our processing of your personal data infringes the GDPR or any other data protection law, you may also lodge a complaint with a supervisory authority.How up-to-date is this data protection notice?We adapt the data protection notice to changed functionalities or changed legal situations. We therefore recommend that you take note of the data protection notice at regular intervals.As of July 22, 2023Version 1.0General terms and conditions of business1. Subject of the contract and services of TAWIDa. We take over the purely success-based enforcement of your claims for compensation payments (possibly also other claims, e.g. reimbursement claims in the event of flight cancellation), which you may be entitled to against airlines on the basis of the EU Air Passenger Rights Regulation 261/2004 (hereinafter also referred to as "claim") in accordance with the following provisions.b. For this enforcement purpose, you authorize and authorize us to enforce the claim on your behalf and under your name. We will try to enforce the claim against the airline out of court and in court and will obtain the information required for this (also from the airline).c. Entering your data in the app does not constitute a binding offer to conclude a contract.2. Conclusion of contract, informationa. You instruct us after going through the data entry. By clicking on the corresponding order button, you submit a binding offer to conclude an order to enforce the claim along with ancillary claims. We accept your offer by express declaration or by asserting your claims against the airline.b. The information requested during the ordering process must be provided completely and correctly and corrected immediately if the data provided changes after registration or if you discover that you have provided incorrect data. This applies in particular to your information about the flight, address, telephone and e-mail address.3. Compensation Agreementa. If the claim is successfully enforced, we will receive remuneration in the amount of the agreed percentage of the claim enforced (hereinafter also referred to as "remuneration") plus statutory sales tax. A prerequisite for the creation and maturity of the remuneration is that the claim is successfully collected.b. The calculation basis for the remuneration is everything that has been paid by the airline after our request for payment has been sent, with the exception of any default interest accrued on the claim. If the claim is not met in money but in kind (e.g. with flight vouchers), we are entitled to payment in money, which - unless we have agreed otherwise - is calculated according to the value of the payment in kind. You are entitled to compensation even if the payment was made to you by the airline (e.g. by check). You will not incur any other costs.c. If the contract is terminated prematurely, the right to remuneration remains.4. Settlement, Payouta. We are entitled to deduct the remuneration to which we are entitled plus sales tax and any interest accrued on the claim directly from the payments we receive.b. As soon as we have all the documents required for billing, we will bill you properly and pay you the amount due.c. You must give us an account number to which we can transfer the money. If we offer alternative payment methods (e.g. via money transfer companies), you can provide us with the relevant information instead of the account details.5. Right of cancellation and cancellation policy for consumersIf you are a consumer within the meaning of § 13 BGB, i.e. a natural person who concludes a legal transaction for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a statutory right of withdrawal, about which we instruct you as follows:Right of withdrawalright of withdrawalYou have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract was concluded, but no later than upon receipt of this cancellation policy. To exercise your right of withdrawal, you must tell us:Law Office AL-AGIBahnstrasse 155, 50858 Cologne, Germanyinfo@mohami.deby means of a clear statement (e.g. a letter sent by post, fax or e-mail stating your case number) of your decision to withdraw from this contract. You can use the attached model cancellation form (see below), which is not mandatory.To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.Consequences of revocationIf you revoke this contract, we have to repay all payments that we have received from you, including the transfer fees (with the exception of the additional costs resulting from the fact that you have chosen a different type of payment than the SEPA transfer offered by us), immediately and at the latest within 14 days from the date which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract in comparison to the total scope of the services provided for in the contract.6. Final Provisionsa. The law of the Federal Republic of Germany is applicable. If you placed the order as a consumer and at the time of your order your usual place of residence is in another country, the mandatory legal provisions that apply in this country also apply.b. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Cologne.c. Should individual provisions of these General Terms and Conditions be wholly or partially invalid or void or become wholly or partially invalid or void as a result of a change in the legal situation or as a result of supreme court decisions or in any other way, this shall not affect the validity of the rest of the 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 applies in the event of a loophole.