TERMS AND CONDITIONS OF LEGALFLY GMBH FOR LEGALFLY.EU
As of 12.07.2019
1 SCOPE AND AMENDMENTS OF GENERAL TERMS AND CONDITIONS
- The following General Terms and Conditions (the "GTC") apply to the use of the Internet platform www.legalfly.eu (the "PLATFORM") by private and business users (the "USER") offered by LegalFly GmbH ("LEGALFLY").
- The PLATFORM supports airline passengers in the enforcement of legal claims arising from passenger rights (the "CLAIMS") of the USER(S).
- LEGALFLY shall provide the USER with the PLATFORM including the automated support for the INDEPENDENT ENFORCEMENT of the USER'S CLAIMS ( see Section 2 of the GTC) as well as the templates generated on the PLATFORM (any templates visible on the PLATFORM) based on and including these GTC.
- By registering on the PLATFORM or using all services of LEGALFLY in connection with the PLATFORM or other services, the USER agrees to these GTC.
- Provisions that deviate from the GTC shall only apply if they have been expressly agreed in writing between LEGALFLY and the USERS on an individual basis.
- LEGALFLY reserves the right to update these Terms and Conditions with effect for the future if economic or legal reasons make an adjustment necessary. The changes shall only become part of the contractual relationship (cf. Section 2.1 below) once the USER has agreed to these changes. For this purpose, it is sufficient for LEGALFLY to send the new version of the GTC to the USER at the e-mail address provided by the USER for notification purposes. If the USER does not object to the amendments to the GTC within two weeks, consent shall be deemed to have been given.
2 SERVICES OF LEGALFLY
- LEGALFLY's service to the USERS (the "INDEPENDENT ENFORCEMENT") is as follows: a) LEGALFLY offers services in the field of air passenger rights. This includes, but is not limited to, the following services: The automated provision and digital generation and delivery of templates, letters and other submissions to the arlines, governmental authorities and non-governmental arbitration and enforcement bodies for the purpose of INDEPENDENT ENFORCEMENT of the USER'S CLAIM arising out of the applicable international and national legal bases of private law; the provision of documentation for such enforcement and related advisory services. b) PLATFORM USERS can independently enter their individual flight data and attachments on the PLATFORM by filling out an automated questionnaire. After all questions posed by PLATFORM have been answered and, depending on the offer, any purchase price has been paid, the USER's entries will be checked by a LEGALFLY specialist. Subsequently, the USER will receive the necessary documents, templates and instructions for the INDEPENDENT ENFORCEMENT of his/her Claims as directly usable and printable documents in Portable Document Format (PDF, no subsequent processing possible/permitted) or, depending on the form of the offer, as Word files.
- In the event that the Claims cannot be enforced independently, LEGALFLY shall be entitled to automatically forward the case of the relevant USER to partner sites for external processing. LEGALFLY's partners are hereby authorised by the USER to contact them.
- All paid services of LEGALFLY in connection with the PLATFORM are valid according to the published prices or according to the prices agreed individually with the USER and are quoted in Swiss francs including any statutory value added tax (VAT) if this is shown accordingly.
- LEGALFLY grants the USER a non-exclusive right of use, unlimited in time and place, to the legal expertise provided by LegalFly and to the templates, documents and other input provided by LEGALFLY exclusively for their own business and/or private use. Such rights shall only be granted after the CONCLUSION OF CONTRACT (cf. Section 3.1 below) and - in the case of paid services - after full payment or up to the point in time at which an INDPENDENT ENFORCEMENT can definitely be successfully, partially successfully or not concluded. Any kind of passing on (thus also free of charge) of templates, documents and other entries as well as all other documents in connection with the PLATFORM to third parties for their own use is excluded and expressly prohibited.
3 CONTRACTUAL RELATIONSHIP AND DISCLAIMER OF LIABILITY
- The CONTRACTUAL RELATION between LEGALFLY and the respective USER (the "CONTRACTUAL RELATIONSHIP") is established by the transfer of the passenger data to the PLATFORM and/or the physical transfer of the documents (the "CONCLUSION OF CONTRACT").
- LEGALFLY shall not provide the USER with any assistance and support services other than the provision by the USER of templates, documents and other input for the purpose of INDEPENDENT ENFORCEMENT of the USER'S CLAIMS.
- Dissatisfaction with LEGALFLY's services does not entitle the customer to make a complaint. In particular, the USER himself is responsible for ensuring that his entries are recorded correctly and that he observes the statutory time limits when asserting his CONDITIONS against the airline.
- LEGALFLY takes every care to ensure that the information provided to USERS on the PLATFORM is accurate at the time of publication. However, it cannot guarantee its accuracy, completeness, suitability or otherwise. LEGALFLY excludes its own liability and other responsibility for any errors or omissions and the consequences of the use of such information.
- In particular, LEGALFLY cannot accept any liability whatsoever for incorrect entries made by the USER when using the PLATFORM. There shall be no liability whatsoever for technical problems and performance faults or for damage to the USER's software and equipment.
- LEGALFLY reserves the right to commission a collection agency in the event of non-payment or delay in payment by the USER and to recover these costs from the USER. LEGALFLY also reserves the right (without prejudice to any other legal or contractual rights) to charge interest on arrears, the amount of which shall be in accordance with the statutory provisions.
- LEGALFLY reserves the right to claim from the USER any costs incurred as a result of unauthorised cancellation of credit card payments or unauthorised objections to direct debits, within the scope of the legal possibilities. The USER shall only be entitled to offset claims against LEGALFLY if such claims have been legally established or acknowledged by a court of law.
4 OBLIGATIONS OF THE USER
- The USER undertakes to make available to LEGALFLY all information and documents required for the registration of his CLAIM. This includes, but is not limited to, flight tickets, flight documents, booking documents, communication with the agent and/or the airline and other useful documents. In particular, LEGALFLY must be provided with further documents which the USER becomes aware of after the CONCLUSION OF CONTRACT. The USER is responsible for a complete and correct dossier.
- LEGALFLY has an unconditional right to immediately withdraw from the contractual relationship if the USER fails to comply with the above obligations.
- The USER is obliged to notify LEGALFLY immediately of the result of the INDEPENDENT ENFORCEMENT, namely the result of the National Enforcement Bodies or Dispute Resolution Bodies procedure, regardless of whether it was fully successful, partially successful or unsuccessful. This notification may be made in writing or by e-mail.
- If the USER refuses to inform LEGALFLY of the result of the INDEPENDENT ENFORCEMENT, LEGALFLY's claim for remuneration (Clause 5) shall be triggered immediately and without further ado.
5 REMUNERATION CLAIM OF LEGALFLY
- All LegalFly services are subject to a fee. PLATFORM shows the individual USER the prices applicable to the USER.
- The USER undertakes to pay the price offered on the PLATFORM for the service by completing his input on the PLATFORM ("click on the Send Request field"). Unless otherwise agreed with the USER, his payment debt shall become due immediately and may be claimed by LEGALFLY.
- If the USER has selected a model which provides for payment of the remuneration entitlement of LEGALFLY only in the event of successful or partially successful INDEPENDENT ENFORECEMENT, the USER shall be obliged to notify LEGALFLY of such immediately (Clause 4.3).
- The USER must raise objections to the amount of the debited or invoiced costs with LEGALFLY in writing within 2 weeks of the debiting or invoicing of the objected costs at the latest. If the USER does not raise any justified objections within this two-week period, the debited or invoiced costs shall be deemed approved.
- LegalFly Money-Back Guarantee: If LEGALFLY and the User enter into a CONTRACTUAL RELATION in which the Money-Back Guarantee (the "MONEY-BACK-GUARANTEE") is to be applied, the USER shall be refunded the price paid, provided that the USER can produce the following documents to LEGALFLY: document or e-mail with negative rejection from the operating airline which was responsible in his case; AND a negative decision by the applicable national enforcement body or international arbitration body. The USER may send this evidence to LEGALFLY by e-mail (firstname.lastname@example.org).
6 PLATFORM AVAILABILITY AND MODIFICATION
- USERS have no right to permanent use of the PLATFORM. In particular, LEGALFLY is not obliged to ensure that the PLATFORM is available or accessible at all times. LEGALFLY shall, however, endeavour to maintain the operation of the PLATFORM as trouble-free as possible and to further develop it in accordance with the needs of the USER.
- LEGALFLY will temporarily restrict the use if this is necessary with regard to safety, integrity, capacity limits or to carry out technical measures (maintenance work). The legitimate interests of USERS will be taken into account by LEGALFLY in particular through prior information.
7 LIABILITY FOR THIRD PARTY WEBSITES
- The PLATFORM website also contains links to websites on the Internet that are maintained by third parties and whose contents are not known to LEGALFLY. LEGALFLY merely provides access to these websites and accepts no responsibility whatsoever for their content. The links to external websites are provided solely for the purpose of facilitating navigation. LEGALFLY does not adopt the statements presented on linked pages as its own, but hereby expressly distances itself from all contents of all linked third-party pages on the PLATFORM pages.
- The owners of the websites to which a hyperlink exists via LEGALFLY's PLATFORM are solely responsible both for their contents and for the sale of goods or services offered there.
8 DATA PRIVACY AND PROTECTION
- The PLATFORM is an offer of LEGALFLY. The data necessary for the use of the PLATFORM will be treated confidentially. LEGALFLY also protects the interests and privacy of USERS.
- By using PLATFORM, USERS expressly agree that data may be stored on the external server of LEGALFLY's foreign provider in compliance with the applicable data protection regulations. Both requests and responses are stored directly on the server and can only be accessed by means of identification. The USER expressly agrees to this communication. In addition, the USERS consent to the remaining correspondence being sent via unsecured e-mails. LEGALFLY will use all reasonable and appropriate means to protect the databases from unauthorized access, loss, misuse or falsification. When visiting the LEGALFLY (PLATFORM) website (www.legalfly.eu), LEGALFLY's web servers register impersonal usage data. The log files provide information on the IP addresses of USERS, the last page visited, the browser used, date, time and the requested file. LEGALFLY may evaluate this anonymous data in-house to identify trends, compile statistics and improve its online offering. At the same time, LEGALFLY makes sure that usage data is not linked to personal data. If USERS decide to provide LEGALFLY with additional information in connection with a request or otherwise, LEGALFLY will treat this information in accordance with applicable data protection laws.
- LEGALFLY undertakes to use personal data carefully and exclusively for the purposes indicated. USERS agree that the information they and USERS provide when using PLATFORM may be viewed and processed by LEGALFLY employees and PLATFORM operators. A distinction is made between cookies that are only active as long as the browser is open and those that are permanently stored on the hard disk. According to the Data Protection Act, permanent cookies are only permitted if the USER consents to their use. LEGALFLY respects this principle and gives USERS the choice of whether or not to accept permanent cookies. However, LEGALFLY draws the attention of USERS to the fact that access is only possible with cookies enabled. These text files stored on the hard disk of the USER do not contain any personal data. To find out how to disable cookies or refuse to accept them, USERS consult the help pages of their browsers.
9 CONCLUDING PROVISIONS
- LEGALFLY shall be entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party.
- This CONTRACTUAL RELATIONSHIP is governed exclusively by the substantive law of Switzerland to the exclusion of all international conventions.
- Should individual provisions of these GTC be or become invalid in whole or in part, the remaining GTC shall remain valid. In the event of such ineffectiveness, the ineffective provision shall be replaced by the most obvious statutory provision for the individual provision.
- All declarations transmitted within the framework of the CONTRACTUAL RELATIONSHIP to be concluded with LEGALFLY must be made in writing or by e-mail. The USER's postal address and e-mail address are those provided by the USER as current contact details in the USER's member account.
- The place of jurisdiction for any legal action shall be St. Gallen, Switzerland.