General Terms and Conditions of Captain Frank GmbH
(As at 28 April 2017)
The following general terms and conditions of the business of Captain Frank GmbH, Maximiliansplatz 12 b, 80333 Munich agree on the legal relationship between Captain Frank and the customer. The regulations apply in particular to the use of the websites and any other services of the internet pages that are made available to the customer. The General Terms and Conditions are based on or supplemented by the claim acquisition contract and the declaration of assignment.
1. Legal basis and object of the contract
1.1. Acquisition of compensation claims
Captain Frank offers the customer the opportunity to make Captain Frank an offer to puchase claims based on the EU passenger law regulation 261/2004.
2. Conclusion of contract
The services and other offers of Captain Frank on the Internet pages are non-binding. Captain Frank reserves the right to change his Internet pages, which are on these services and other offers. The performance of Captain Frank’s services on the Internet does not constitute a binding offer for the conclusion of the contract.
2.1. Order process and offer of the customer
Based on the flight data submitted from the customer, Captain Frank checks whether Captain Frank wants to buy them. After the test, Captain Frank is entitled, however, not obliged to send a claim purchase contract and a corresponding assignment declaration to the customer. With the return of a signed copy, the customer accepts this contract. By accepting the purchase contract, Captain Frank acquires the demand for their sole disposal.
2.2. Minor fellow passengers
The customer must be at least 18 years of age. The customer can conclude the claim purchase agreement and the assignment declaration in the legal representation of his minor child insofar as the customer has paid a transport charge for his accompanying minor children and therefore have his own compensation claim against the airline.
3.1. Reimbursement, maturity
For the sale of his claim, the customer of Captain Frank shall receive the sum determined in the claim purchase contract. This is due 14 days after the effective receipt of the claim for the purchase of the goods and the declaration of assignment.
3.2. Customers bank account
Captain Frank transfers the sum to the account specified by the customer. If the customer does not have an SEPA account, any possible charges for the transfer or withdrawal are borne by the customer. In the event that the customer notifies an incorrect or incomplete bank account, the customer shall not be entitled to a further payment of the sum.
4. Obligation of the customer
4.1. Completeness of the data
In particular, the customer undertakes to communicate the underlying facts fully and truthfully according to his knowledge. The customer makes the documents and information required for the process available. He passes on new information without further request and immediately. This includes contacting and receiving the airline’s services to the customer. The customer is responsible for the completeness and correctness of the information.
4.2. Property obligation
The customer undertakes to offer Captain Frank exclusively such claims to the assignment, which are free of rights of third parties. In particular, claims are excluded, – Which have already been assigned to a third party – For the purpose of enforcement, a contract with a third party has been concluded
4.3. Payments by the airline to the customer
5. Consumer withdrawal
If you are a consumer, you are entitled to a right of withdrawal according to the following conditions.
The following (statutory) model of the right of withdrawal covers the case of the sale of goods by the entrepreneur to the consumer. Since, however, the present sale of receivables is made to you by us and is a legal purchase to which the regulations on the purchase of goods apply (§ 453 Abs. 1 BGB), we provide the following explanations as follows:
a.”Commodity” means the claim (s) to be provided for in the contract;
b.By “taking possession of the goods” is meant the effective condition of the assignment agreement;
c.”Return”, “return”, “surrender” means the reimbursement of the reimbursement to us; “Withheld” means the credit on our account referred to in subparagraph (d) below;
d.”Sending” and “returning” means the reimbursement of the reimbursement to the account of Captain Frank GmbH, IBAN: DE07 7016 9543 0000 0573 47 BIC: GENODEF1HHS
e.”Redemption” and “Redemption” means the withdrawal of the claim to you, which we already declare as a condition of delay in the event of your effective revocation and with which you agree to this case.
6. Refund ability of the refund; Damage due to erroneous information
If Captain Frank is unsuccessful in the enforcement of the acquired claim, the customer is not obliged to repay the refund already received. This is not the case for receivables that are not enforceable or have not been created at all due to incomplete or incorrect information from the customer. In such case, Captain Frank may demand the compensation paid against the retransmission of the claim. Irrespective of this, the assertion of possible damages remains. Captain Frank reserves the right to claim damages because of the concluded contract due to the claim of the invalid claim. This applies in particular to costs, which arise when a corresponding action is dismissed in whole or in part or has to be withdrawn for lack of sufficient success. The customer shall in any case be required to prove that Captain Frank has suffered no or only a minor loss.
7. Disclaimer of Captain Frank
7.1. Availability of the internet pages
Uninterrupted and complete availability of the Internet pages cannot be ensured due to the current state of the art – Malfunctions and maintenance work can temporarily limit the availability. For this reason, Captain Frank is not liable for the continued error-free availability of the Internet pages and their services. Captain Frank endeavors to keep any interruptions as short as possible, insofar as influence exists.
7.3. Violation of essential contractual obligations
8. Data protection
9. Final Provisions
9.1. Amendments to the GTC
These General Terms and Conditions apply in their version valid at the time of the order.
9.2. Contract Language
The contract language is German.
9.3. Applicable Law
The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. If the customer has placed the order as a consumer and is in another country at the time of his order, the compulsory regulations of this country are valid.
If the Customer is domiciled, habitually resident in Germany at the time the complaint is made or is not known, or if he is not a general court in the Federal Republic of Germany or the EU or is a merchant, the exclusive jurisdiction for all disputes shall be the registered office of Captain Frank.
As customers within the meaning of these GTC, both consumers as defined § 13 BGB, as well as entrepreneur as defined by § 14 of the German Civil Code (BGB). Consumers in the sense of these General Terms and Conditions is as defined by § 13 of the German Civil Code (BGB),any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to either his commercial or his independent professional activity. For clarification: Customer in the contractual relationship with Captain Frank is the claim seller (hereinafter referred to as “the customer”).