1. Subject matter of the contract, contracting party and provisions
1.1 ReiseZorro is a business division of agilis Inkasso GmbH, Friedrichstrasse 88, 10117 Berlin. Agilis Inkasso GmbH shall take over the exclusively performance-based enforcement of any claims for compensation against airlines that you may be entitled to under the EU’s Air Passenger Rights Regulation No. 261/2004 (hereinafter referred to as “claim”) in accordance with the following provisions. The contracting party therefore is agilis Inkasso GmbH, hereinafter referred to as “ReiseZorro”.
1.2 ReiseZorro shall seek to enforce the claim against the airline out of court and shall obtain the relevant information required for this purpose (including information from the airline). If ReiseZorro’s endeavours to enforce the claim are insufficient but there are reasonable chances of success, we shall engage a contract lawyer to enforce the claim (hereinafter referred to as “engagement of lawyer”), with the aim of having legal representation in order to assert your claim even through actions in front a court of law. ReiseZorro shall continue to assist you after the engagement of the lawyer by providing the contract lawyer with all available information and offering you an exemption from the costs (see paragraph 6.3) associated with the lawyer’s engagement, and receiving the compensation in order to credit it to you. You are hereby undertaking to provide the contract lawyer with all available information. The decision that the subject matter has a sufficient perspective of success so that it shall be managed by a lawyer, competes to ReiseZorro. After taking place the corresponding refusal on the part of ReiseZorro as well as once finalized the contractual relationship with ReiseZorro, the decision of hiring a lawyer in order to interpose an additional claim will depend on you, in this case you will assume the costs of the engagement.
1.3 The presentation of the services provided by ReiseZorro on our website www.reisezorro.de, particularly the compensation calculator, shall not constitute a binding offer for the conclusion of a contract. In any case, the offer takes place with the transmission of data on your part. Our experienced personnel, whom you will be able to contact in order to solve any question, will verify free of charge if the claim is promising. In this case the offer shall be accepted, and you will be informed immediately via e-mail.
2. Conclusion of contract, specifications, commission when providing incorrect indications
2.1 You are engaging our services after having gone through the compensation calculator on our website www.reisezorro.de (hereinafter referred to as “order process”). By clicking the corresponding order button, or by forwarding the documents provided by us, assignment declaration or authorisation, you are submitting a binding offer for the conclusion of a remunerated representation agreement pertaining to the enforcement of the claim, including any interests on arrears. You do not incur any costs except for those established in paragraph 2.3. We accept your offer either via our explicit declaration (e.g. by email) or via the enforcement of the compensation claim against the airline.
2.2 The data requested in the order process shall be submitted fully and correctly and shall be amended without delay if the data provided changed after registration or if you notice that you have submitted incorrect data. This applies in particular to the data you provide with respect to your flight details, address, phone number and e-mail address.
2.3 If you have intentionally or carelessly done declarations or indications and have announced, for example, a delayed flight which has had no delay or has had greatly less delay than you have indicated, or you did not have a valid ticket when providing us with the information and for that reason the pretension was rejected on the part of the airline, ReiseZorro shall affect you expenses as a replacement of the damage caused by mentioned negligent attitude amounting to a total of € 100,00. You have the burden of proving that the damage suffered is null or less that the one occurred.
3. Fees, success fees
3.1 You shall pay fees in the amount of 21,9% of the enforced claim (hereinafter referred to “success fees”) plus statutory VAT of 19%. The calculation of the fees is based on all payments made by the airline after ReiseZorro has sent its payment request, including accrued interest on default. If, with your consent, the claim is settled in kind rather than in cash (e.g. flight vouchers), unless agreed otherwise, we shall be entitled to a corresponding commission in cash based on the value of the payment in kind. We shall also be entitled to fees once the airline has made payments to you (e.g. in the form of a cheque).
3.2 If only a part of the claimed compensation has been enforced, we shall calculate our fees based only on the partial amount enforced by us. The same shall apply if a settlement agreement is concluded with the airline in accordance with paragraph 7.
3.3 Should our endeavours be unsuccessful, you will not be charged any fees – with the exception of the assumption established in paragraph 2.3 regarding announcing careless or mistaken declarations or indications. This also applies if contract lawyers have been engaged to enforce the claim. Should you have engaged a contract lawyer, we shall exempt you from such lawyer’s fees in accordance with paragraph 6.3. The decision of if the hiring of a lawyer is necessary is incumbent on ReiseZorro and, it is evaluated based on the success perspective established by ReiseZorro.
4. Accounting, payment
4.1 We are entitled to deduct the fees you owe us plus VAT directly from the payments received by us (including all interests’ payments) If a contract lawyer was engaged in the authorisation process, the contract lawyers shall pay the enforced amounts to us to enable us to prepare the respective accounts.
4.2 Once we have received all necessary billing documents, we shall prepare due accounts and disburse the amount you are entitled to within a 3-week period of time.
4.3 You shall provide us with the details of a bank account to which we can make a SEPA transfer. If you do not have a SEPA account, you shall be responsible for any transaction fees that may arise in connection with the transfer or payment. Should we transfer payments to you that are intended for your fellow travellers, you shall forward such payments to them on a pro rata basis. If you claim on behalf of your fellow travellers, you must ensure of being authorized for the exercise of such right and for the reception of the money, freeing this way ReiseZorro of eventual claims, for example, related with rights of compensation by damages suffered by your fellow travellers – due as illegal management and others.
5. Duties and obligations
5.1 You shall assist us in performing our contractual duties. On request, you shall notify us of all underlying facts to the best of your knowledge. You shall provide us with the documents/data (in particular boarding passes, other flight records and correspondence with the airline) required for processing your case and forward any new information to us promptly and without further request. You shall be responsible for the completeness and correctness of the documents/information provided. You undertake to provide us promptly with any supplementary information if requested.
5.2 You are obliged to notify us promptly if you (and/or fellow travellers registered by you) receive any payments from the airline or if the airline has contacted you.
5.3 For the duration of this contract pertaining to the enforcement of your claim, you may not independently engage other service providers, lawyers or private or public agencies (e.g. the arbitration board for public passenger transport) to act in your interest, take legal action or dispose of with the claim.
5.4 In the context of the authorisation process, you are also not permitted to assign or pledge the claim you engaged us to enforce to third parties without our consent. In case of violation, you are liable to ReiseZorro for the hereby caused damage.
6. Engagement of contract lawyers, fee exemption commitment
6.1 As a legal service provider, we are not permitted to represent you in regular civil courts in Germany. Should our out-of-court endeavours to enforce your claim (including dunning proceedings at court) fail either entirely or partially, we shall engage a contract lawyer in the context of the assignment process to enforce the claim in our name and at our expense risk if there are good chances of success.
6.2 Should you engage our contract lawyers, a separate agreement shall be concluded between you and our contract lawyer. You hereby permit us to give the contract lawyer access to the relevant documents/information and also allowing the lawyer to inform us about the procedure. You shall authorise the contract lawyer to accept declarations on your behalf that have been issued by us in connection with this contract. We hereby undertake to exempt you from the fees of the contract lawyer engaged by you pursuant to paragraph 6.3. If ReiseZorro advises you against the enforcements of the claim, you are free to enforce the claim on your own costs.
6.3 Should the enforcement of the claim fail even after the engagement of the lawyer and after out-of-court and, where applicable, in-court enforcement of the claim, we shall exempt you from the fees associated with the engagement of the lawyer. We shall also assume any other costs associated with the legal action (including court costs, the fees of the opponent’s lawyer (hereinafter referred to as “fee exemption commitment”).
6.4 If our evaluation of the prospects of success changes after having consulted a lawyer (for example due to new circumstances, new decisions of the courts, etc.), we may limit the fee exemption commitment within the existing legal measures (as in out-of-court recovery) since our evaluation of the possibilities of success change with the appointment of a lawyer In this case we will consequently inform you with the aim of you deciding if continuing with the judicial recovery. The fee exemption commitment will be applied to all the expenses already done up to this moment. No additional costs may arise in this case, unless explicitly indicated by you to the engaged lawyer about the application of new measures.
6.5 If you have a legal protection insurance, (in contrast to paragraph 6.1) we will recommend in such cases the engagement of a lawyer; in such a case we calculate the perspectives of success as open. The same applies with foreign jurisdiction cases, a viable recovery is possible only in combination with a certificate of insurance coverage. In such cases, a recommendation will be able to be granted for the engagement of a lawyer according to paragraph 6.1 (including the fee exemption commitment involved cost) under the condition of the coverage of the legal protection insurance. ReiseZorro shall cover the costs of any excess.
6.6 ReiseZorro is only committed to the care of the recovery if you gave instructions to the hired lawyer within the terms of the request. In case of not taking place the engagement of a lawyer, we have the right to terminate the contract as stated in paragraph 9.1
7. In- and Out-of-Court settlements
7.1 The conclusion of any settlement agreement requires your consent. Without prejudice to the above, you may also grant ReiseZorro and – if you have engaged the contract lawyer or the lawyer was engaged in your name – the contract lawyer the authority to conclude settlement agreements.
7.2 You are not entitled to conclude an irrevocable settlement agreement, withdraw from a settlement agreement concluded with our consent, waive the claim, withdraw from the legal action or dispose of the claim in any other manner with our consent.
7.3 In the case of an (in-court or out-of-court) settlement, the lawyer’s fees and, where applicable, the court costs shall be deducted from the agreed settlement amount unless they have been assumed by the airline (as is common practice). The costs of the insurance fee in the sense of paragraph 6.5 are valid like costs in the sense of paragraph 7.3.
8. Consumers’ right of withdrawal and cancellation policy
If you are a consumer as defined by section 13 BGB (German Civil Code), i.e. a natural person who enters into legal transactions for purposes that are, in their majority, not part of your main commercial or self-employed business activities, you have a statutory right of withdrawal with regard to which ReiseZorro has adopted the following policy:
Right of withdrawal
You may withdraw from this contract within 14 days without stating any reasons. The cancellation period amounts to 14 days starting on the date the contract was concluded (pursuant to paragraph 2.1).
In order to exercise your right of withdrawal, you must notify us via an unambiguous declaration (e.g. letter sent by post, fax or e-mail including your case number) of your decision to withdraw from this contract. The following notification possibilities are available:
agilis Inkasso GmbH – ReiseZorro
Phone: 020 / 34 81 46 90
Fax: 020 / 34 81 46 99
Phone: +44 20 / 34 81 46 90
Fax: +44 20 / 34 81 46 99
You may, but are not obliged to, use the enclosed withdrawal form (see below).
You will be deemed to have complied with the withdrawal period if your notice of cancellation has been sent off before the expiry of the period.
Consequences of withdrawal
If you withdraw from this contract, we are obliged to promptly return to you all payments we have received from you, including payment costs (with the exception of the additional costs that arise from the fact that you have chosen a different method of payment than the most cost-effective standard payment method offered by us) within 14 days of the date on which we have received your notice of cancellation of this contract. We shall use the same means of payment to make this repayment that you used in the original transaction, unless we have concluded an express agreement specifying a different means; we shall not charge any fees for such repayment under any circumstances.
If you had requested our services to commence during the withdrawal period, you shall pay us an appropriate amount in compensation. Such amount shall be consistent with the share of the services provided until the date on which you notified us that you are exercising your right to withdraw from this contract in relation to the total services specified in the contract.
Your right of withdrawal shall expire early if we have provided the full service and our provision of the service commenced after your express consent and you had confirmed before the provision of the service that you were aware of the fact that you would lose your cancellation right in the case of full performance of the contract.
Should you wish to withdraw from the contract, you may complete the following form: withdrawal form
End of cancellation policy
9. Term of the contract, termination
9.1 The contract concluded between you and us shall expire once the claim has been settled and/or disbursed or if ReiseZorro considers recovery unpromising after due assessment and has notified you of this fact. This shall also apply when hiring a lawyer pursuant to paragraph 6.6.
9.2 In addition, the contract may be terminated by either party at any time. In particular, we reserve the right to terminate the contract in cases whereby you have negligently violated the duties and obligations specified under paragraph 5.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you submitted your order as a consumer and had your habitual residence in another country at the time of submitting the order, the mandatory legal provisions of this country also apply.
10.2 If you are a businessperson whose head office is located in Germany at the time of your order, the exclusive place of jurisdiction is our head office in Berlin. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.