General Terms and Conditions of RightNow GmbH
1. subject matter of the contract and legal basis
a) What is the background to our business relationship?
What a lot of people don't know: If you have booked a flight and subsequently failed to board it, or cancelled or cancelled it in advance, you are entitled to a refund of taxes, fees and personal sur- charges from the airline in question, even if you have chosen a fare that cannot be cancelled on the basis of the airline's details, or the right to cancel has been excluded. These claims are based on §§ 648, 812 Para. 1 S. 1 Alt. 1 or § 812 paragraph 1 sentence 2, old. 1 of the German Civil Code (BGB). They are, however, often not recognised by the airlines or treated in a hostile manner. We therefore take care of the enforcement of these claims.
b) How does it work?
We buy your receivables from the respective airline, which you then assign to us. By the assignment we become owner of the demand. In return, you will receive a purchase price from us which is calcu- lated on the basis of the sum to which you are entitled minus our remuneration. So you receive your money immediately and we acquire your claims for it, which we then enforce against the respective airline at our own risk. You no longer bear any economic risk, but simply receive money for your flight. The contractual relationship between you and RightNow GmbH is therefore structured as so-called genuine factoring, and not as collection, because you immediately receive your money and no longer bear any risk in the context of the enforcement of the claims.
c) What is the legal basis of our business relationship?
In order to legally represent this business model, you conclude two contracts with RightNow GmbH as the operator of the homepage Geld-für-Flug.de: on the one hand, a purchase contract for your claims against the respective airline in accordance with §§ 433, 453 BGB and, on the other hand, an assign- ment contract for your claims against the respective airline in accordance with § 398 BGB, so that RightNow GmbH becomes the sole and complete owner of the claims. In addition, you hereby author- ize RightNow GmbH and its managing directors personally to cancel the flight in question on your be- half in accordance with § 164 BGB (German Civil Code) against the airline, unless you have already done so yourself in advance.
2. conclusion of contract
a) How and when are the explained contracts concluded?
By submitting your flight to us electronically, you are not yet submitting an offer to conclude a con- tract, but rather informing us of your current situation. If you submit the flight not only for yourself but also for other fellow passengers, you also declare by means of a corresponding confirmation in the form on the homepage of RightNow GmbH that you will always act as the duly authorised representa- tive of your fellow passengers within the meaning of § 164 BGB (German Civil Code) during the fur- ther course of our business relationship.
b) Within 24 hours of submitting your flight, we will check your information and send you a binding of- fer (§§ 145 et seq. BGB) to conclude a contract of sale and an assignment agreement for the claim exactly specified in this e-mail against the respective airline. In this e-mail we will also give you the purchase price calculated on the basis of our internal data. We offer you a purchase price which will be transferred to your account immediately, at the latest within one week, if our offer is accepted. In legal terms, this means that by accepting our offer you assign your claims to us (§ 398 BGB) and sell them (§§ 433, 453 BGB). Under no circumstances do they bear any economic risk. In all cases, we shall assert the claims assigned to us by you in our name and for our account.
c) Our offer is binding for 48 hours within the meaning of § 148 BGB (German Civil Code). You can accept the offer within this period by clicking on the link contained in the e-mail and entering your bank and address details on the homepage that then opens. As soon as you sign the contract drawn up on this basis, you have concluded the purchase (§§ 433, 453 BGB) and assignment agreement (§ 398 BGB) with RightNow GmbH. You always declare - as stated in point 2a) - that you act as a duly au- thorised representative of your fellow travellers within the meaning of § 164 BGB (German Civil Code). If necessary and necessary, contractual relationships are established between RightNow GmbH and all fellow travelers. As deputies of the fellow travelers, we will, however, handle the business relation- ship fully with you as the main customer. Agreements between you as a representative and your fel- low travelers as representatives have no effect on our business relationship.
d) As soon as you have accepted our offer, we will transfer the agreed purchase price to your speci- fied account. Upon conclusion of the contract, we shall be the sole owner of the respective precisely designated claims and shall subsequently enforce these at our own risk. With the assignment you lose your claim against the airline.
e) The conditions - in particular the price - of each individual debt purchase are renegotiated in each individual case. A framework agreement on the purchase of further receivables does not exist and will not exist in the future.
Against this background, we expressly point out that we bear the sole economic risk of enforcing the receivables acquired by us and accordingly do not provide collection services within the meaning of the Legal Services Act (Rechtsdienstleistungsgesetz - RDG). In all other respects, we do not provide any other legal advice, but merely acquire the claims we have examined. Finally, we are not subject to the regulation of factoring within the meaning of the German Banking Act, as we do not conclude a framework agreement as described above.
4. information and other duties of the customer
a) In order to prepare our offer and calculate the corresponding purchase price (see below 5.), we need comprehensive information from you. You are therefore obliged to provide us with all information requested by us about your flight to the best of your knowledge and belief. This includes in particular the proof of booking incl. Amadeus booking code as pdf or similar. file and the information about your person. In addition, you undertake to provide us with any existing correspondence with the airline.
b) By accepting these General Terms and Conditions, you also confirm that you are or may dispose of the claim which is the subject matter of the contract and which is specified in our application, and that you have not received any compensation payments in excess of your details and that the flights have not commenced or will not commence.
c) You are obliged to inform us immediately if payments by the airline are made directly to you or if you receive a letter or a voucher or similar from the airline.
d) You further undertake not to act or to proceed in any way whatsoever after submitting your infor- mation (see 2(a) above) and not to make any legally binding declarations, in particular to the carrier. If the airline or representatives of the airline contact you, you will inform us immediately. After conclusion of the contract, you are no longer the owner of the claim specified precisely in our application and can therefore no longer dispose of it. You therefore undertake to respect the final transfer of the claim to us and not to take any action to the contrary. You also agree that you will not in any way use the can- celled flight, whether you or we have cancelled it, or make any other use of it.
e) If you culpably violate the information duties set out under point 4 lit. a) to d), you must compensate us for the resulting damage (in particular in accordance with § 280 BGB). In addition, we may have the right to contest the contract pursuant to § 123 BGB on the grounds of fraudulent misrepresentation and to cancel the payments we have made to you pursuant to § 812 I 1 Alt. 1 BGB in its entirety.
f) If the claim which you wish to sell and assign to us on the basis of these GTC does not (no longer) exist, e.g. because you have already received a compensation payment or the claim has not arisen at all, e.g. because you actually took the flight, you are obliged in the event of a culpable breach to pay us, in addition to the damage mentioned in section 4 lit. e), a contractual penalty in the amount of EUR
100.00 per claim agreed herewith. The contractual penalty in the amount of 100 Euro does not have to be paid (in full) if you can prove that we have suffered less damage or no damage at all.
g) In the sense of point 2c), you as the customer are obliged in certain cases to sign a written assign- ment document - if necessary also retrospectively. Only when you have fulfilled this obligation will we pay the agreed amount
6. calculation of the purchase price
a) After you have provided us with your information (see point 2.a above), we will review your claims. As a result, we will calculate a purchase price that is the sum of the amount you are entitled to claim back from us for taxes and fees less a commission for us. The commission for us is determined on a case-by-case basis. Please refer to the offer e-mail for the payout amount calculated on this basis.
b) We will transfer this purchase price after conclusion of the purchase as well as the assignment con- tract on the account indicated by you with the acceptance (see above point 2.c). If you enter an incor- rect account number and it has been transferred to this account, we will be deemed to have fulfilled this obligation.
a) RightNow GmbH and its managing directors as well as employees are not liable for breaches of duty based on simple negligence, provided that the breaches of duty do not relate to material obliga- tions arising from this contract. This disclaimer does not, however, apply to damage to life, body or health. A liability for gross negligence or intent remains unrestricted.
b) Point 7. a) shall also apply to breaches of duty committed by freelance employees of RightNow GmbH.
c) For damages caused to you by our simple negligence, a liability limit of 500,00 (- in words: five hun- dred -) Euro will be agreed upon, unless the liability of RightNow GmbH is excluded according to point 7 a).
8. right of revocation
a) We inform you that consumers in the sense of § 13 BGB have a legal right of revocation of this con- tract, so you can revoke the purchase contract concluded with us (§§ 433, 453 BGB) and the assign- ment contract (§ 398 BGB). The revocation period is fourteen days from the date of conclusion of the contract. By the revocation you become again owner of your demand opposite your airline.
You cannot cancel the cancellation of your flight with us. You must contact the person with whom you have originally concluded the contract of carriage by air.
b) About these rights we instruct you in accordance with Annex 3 to Art. 246b § 2 Para. 3 EGBGB as follows:
revocation instruction right of withdrawal
You can revoke your contractual declaration within 14 (fourteen) days without giving reasons by means of a clear declaration. The timely dispatch of the revocation is sufficient for compliance with the revocation period if the declaration is made on a permanent data carrier (e.g. letter, fax, e-mail). The revocation is to be addressed to: RightNow GmbH, Hüttenstraße 3, 40215 Düsseldorf, Germany, Tel.:+49 611 97133636, E-Mail: firstname.lastname@example.org. revocation consequences
In the event of an effective revocation, the services received by both parties shall be returned. You are obliged to pay compensation for the value of the service provided until revocation if you have been in- formed of this legal consequence before submitting your contractual declaration and have expressly agreed that we will begin to execute the consideration before the end of the revocation period. If there is an obligation to pay compensation, this may mean that you still have to fulfil the contractual pay- ment obligations for the period until revocation. Your right of revocation expires prematurely if the con- tract is completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.
You can, but do not have to, use the following form: (If you want to cancel the contract, please fill in this form and send it back.) -An RightNow GmbH, Dotzheimer Straße 48, D-65185 Wiesbaden, Ger- many, Phone: +49 611 97133636, E-Mail: -I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) -Ordered at (*)/re- ceived at (*) -Name of consumer(s) -Address of consumer(s) -Signature of consumer(s) (only in case of paper communication) -Date
(*) Delete as appropriate.
c) With conclusion of this contract you authorize us to execute the contract before the expiry of the revocation period of fourteen days. You hereby expressly declare within the meaning of § 356 Para. 4 BGB that you are aware that you lose the right of revocation in the event of complete fulfilment of the contract by us.
d) We would like to point out that you must reimburse us the purchase price paid by us to you in the event of revocation in accordance with § 355 BGB.
9. final provisions
a) The parties shall, insofar as this is necessary and possible, select as their applicable law exclu- sively the law of the Federal Republic of Germany to the exclusion of all other international legal sys- tems.
b) The place of jurisdiction shall be Düsseldorf, Federal Republic of Germany, if and insofar as a choice of place of jurisdiction is permissible.
c) Should a clause of the contracts and these GTC be invalid, it is to be assumed that the contracts would also have been concluded without this clause. In the event of invalidity, the parties undertake to immediately agree in writing on a valid clause which corresponds as closely as possible to the content of the invalid clause and comes as close as possible to the economic interest of the parties.
Last update: 28 May 2019
- The management -