General Terms and Conditions of Captain Frank GmbH
(As of April 28th, 2017)
The following general terms and conditions of the business of Captain Frank GmbH, Prinzregentenstrasse 22, 80538 München 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 purchase 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 a 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. The 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
Even after the Customer has been effectively assigned to Captain Frank, the Customer shall be obliged to indemnify Captain Frank for compensation or other forms of compensation from the airline, e.g. To notify an air carrier immediately. The compensation received must be paid immediately to one of the accounts of Captain Frank GmbH. The aforementioned obligation to provide information already applies in the event that the airline has been approaching the customer due to possible compensation.
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.
Withdrawal You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days after the conclusion of the contract.
To exercise your right of revocation, you must:
Captain Frank GmbH Prinzregentenstrasse 22, 80538 Munich
Phone: 0049 8178 9088 12
By means of a clear statement (for example, a letter, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction unless you have expressly agreed otherwise with you. In no case will you be charged for these repayment fees.
If you want to revoke the contract, you can fill out this form.
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.
Claims of the customer for damages are excluded, except damages claims of the customer from the injury of the life, the body, the health or essential contractual obligations as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by Captain Frank and their legal representatives. Significant contractual obligations are obligations that must be fulfilled in order to fulfill the purposes of the contracts.
7.3. Violation of essential contractual obligations
If essential contractual obligations have been violated, Captain Frank is only liable for the contract-typical, foreseeable damage, if this was simply caused by negligence. Exceptions are damages claims of the customer from a violation of life, body or health.
8. Data protection
Notes on data processing for the use of the contractual services of Captain Frank but also for any pre-contractual questions to Captain Frank, it is necessary that the customer provides personal information (such as name, e-mail address or date of birth). Captain Frank saves these. In the case of data storage, Captain Frank shall pay particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act and will use personal data exclusively for the purposes described in the Data Protection Agreement and if this is necessary for the use and billing of telemedia. Without the Customer’s consent, Captain Frank will not use Customer’s data for purposes of advertising, market or opinion research. Furthermore, with regard to customer’s consent and further information on data collection, processing, and use, the data protection declaration is referred to, which can be called upon the Internet pages at any time at http://www.captain-frank.de/datenschutz.html in printable form is.
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 are as defined by § 13 of the German Civil Code (BGB), any natural person who concludes a legal transaction for purposes that 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”).