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.