Condition of Participation

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.