1. Scope of application
The following conditions apply to contracts concluded between the FP Passenger Service GmbH (hereinafter referred to as “Fairplane”) and its respective client (hereinafter referred to as “Client”). Within the scope of the contract, Fairplane supports the Client against an airline in the assertion of the Client’s entitlement deriving from Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11th February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (hereinafter referred to as “air passenger rights regulation”). Compelling stipulations by the consumer protection law do however supersede these general terms and conditions.
2. Conclusion of Contract, Services
2.1. The offer for support in the assertion of rights in accordance with the air passenger rights regulation stipulated in § 1 as provided by Fairplane, is without obligation. With their registration of a claim, the Client provides Fairplane with a binding offer to enter into a contract and is bound to the same for 14 days. Fairplane’s subsequent acknowledgement that such an entry was made and/or further enquiries do however not constitute the acceptance of the offer. The acceptance of the offer is confirmed by the explicit declaration to the Client by Fairplane and/or the contract lawyers.
2.2. Fairplane supports the Client solely in the act of asserting a claim for compensation in accordance with section 7 of the air passenger rights regulation besides corresponding accessory claims and interest. Further rights, either within the frame of the air passenger rights regulation, or in line with other cross-national contracts, or in the frame of the contract directly relating to the flight, or other legal stipulations, are not processed by Fairplane and/or their contract lawyers.
2.3. Fairplane carries out neither legal consultancy nor legal representation, and this is not owed under the contract. Fairplane especially undertakes no legal (pre-)evaluation of the Client’s claim. As a company, Fairplane solely acts as a supplier for the Client, and in the context of collection, processing and administration of flight, weather and other data in Fairplane’s database. An enforcement of the claim is initiated by one or more of the following lawyers decided by Fairplane: Heinke Skribe + Partner Rechtsanwälte GmbH, Franziska Trinks and Mag. Petra Cernochova (hereinafter referred to as “contract lawyers”).
2.4. As an enterprise, Fairplane acts on behalf of the Client, by arranging legal services, as well as collecting, processing and administration of flight, weather and other data in Fairplane’s database.
2.5. Fairplane is entitled to contract the lawyers with the out-of-court and judicial enforcement of the claim and to forward relevant information and data to them without prior consultation with the Client. The Client expressively agrees to commission the contract lawyers with the out-of-court and judicial enforcement of the claim, especially in the filing of court cases against the airline, or the application with arbitration boards or other authorities, and expressly agrees to the transfer of information and data. By mandating the contract lawyers, a proxy is granted by the Client to the respective contract lawyer, which further results in a contract between Fairplane and the respective contract lawyer. Once the contract lawyers are assigned, Fairplane has the obligation to free the Client from all lawyers’ fees as well as all other prosecution costs, including court fees, flat rates and fees of the opposing council. Further, Fairplane is to indemnify and hold the Client harmless even in the event that the court decides to allocate these fees to the Client and/or the claim cannot be asserted before the airline for legal or factual reasons.
2.6. In the frame of an economic and conscientiously exercised assessment, the contract lawyers are free in their choice of methods for pursuing the claim against the airline. Contract lawyers are specifically entitled to reject settlement agreements (e.g. vouchers etc.) without obtaining prior consent from the Client.
3. Obligations and duties of the Client
3.1. The Client supports the contract lawyers by providing them and/or Fairplane with all known data and information that may be relevant for the processing of the claim. Upon request by Fairplane or the contract lawyers, the Client shall provide relevant material, in particular boarding pass, booking confirmation or any other proof of the flight, and entrust this material to Fairplane throughout the contract period. Further, the Client shall provide Fairplane with any prior correspondence with the airline, and relating to the particular case, immediately after registration of the claim. Should the Client not provide the mentioned material after having received the third request in the form of text, and without giving any reason, Fairplane is entitled to invoice the Client with a one-time amount of EUR 1.50 incl. VAT for telephone reminders, in the case of success. Further, the Client is obliged to confirm granting the power of attorney to the contract lawyers and to provide this confirmation in writing on the form sent to him/her by Fairplane or their contract lawyers upon demand.
3.2. By accepting these terms and conditions, the Client confirms that he/she has provided all flight data to the best of their knowledge and belief and that he/she is the personal owner of the claim that is subject of this contract and/or that he/she is authorised to act on the same. The Client further confirms that no compensation payment has been received beyond those declared.
3.3. The Client is obliged to inform Fairplane immediately in the event that payment is made directly to him/her by the airline and/or if he/she has received any written communication by the airline. The Client expressively agrees that the airline can discharge their debt to Fairplane and/or the contract lawyers only.
3.4. The Client further agrees to undertake no own activities nor enter into any related court proceedings, nor make any legally binding declarations, especially before the airline, without the prior consent of Fairplane. As far as the airline or their representatives strive to get in touch with the Client, the Client shall notify FairPlane of any such case and without delay.
3.5. The Client undertakes not to assign the claim that is subject of this contract or to pledge the same to third parties only with the prior consent of Fairplane.
3.6. Should the Client not or not sufficiently meet his/her obligations as stipulated in § 3, Fairplane is entitled to demand a remuneration of expenses in the amount of EUR 35.- incl. VAT besides terminating the contract for cause. This applies only in the case that the requested participation stands in proportion to effort and the reimbursement process.
4. Compensation, settlement
4.1. For their services, Fairplane receive a success-based commission that depends on the amount actually paid out by the airline, without interest and any accessory claims as follows:
|Compensation Payment (without interest)||Commission (incl. VAT)|
|€||0,01 bis € 99,99||€||0,00|
|€||100,00 bis € 149,99||€||29,00|
|€||150,00 bis € 199,99||€||43,50|
|€||200,00 bis € 249,99||€||58,00|
|€||250,00 bis € 299,99||€||72,50|
|€||300,00 bis € 349,99||€||87,00|
|€||350,00 bis € 399,99||€||101,50|
|€||400,00 bis € 449,99||€||116,00|
|€||450,00 bis € 499,99||€||130,50|
|€||500,00 bis € 549,99||€||145,00|
|€||550,00 bis € 599,99||€||159,50|
|€||600,00 bis € 649,99||€||174,00|
4.2. Fairplane and/or the contract lawyers are entitled to deduct a commission (see clause 4.1.) from the amount that is paid to Fairplane or the contract lawyers by the airline. Having been reimbursed for the claim by the airline, Fairplane or the contract lawyers will transfer the amount, less the respective deduction, to the account specified by the Client. Should the wrong account number have been supplied by the Client, the obligation is nevertheless deemed as fulfilled once the amount has been transferred to the given account.
4.3. No costs arise for the Client, should the contract lawyers have been unable to enforce the Client’s claim. Fairplane indemnifies the Client of any costs, as defined in clause 2.5. Should the airline have reimbursed lawyers’ or court fees, blanket charges, or any other fees relating to the case – with the exception of the claim for compensation payment in accordance with section 7 of the air passenger rights regulation – (hereinafter referred to as “cost refunds”) of their own accord or by court order, such fees will be accredited to Fairplane. In this case, the Client is not entitled to any kind of reimbursement of the commission pursuant to clause 4.1. Legal conformity provided, the Client will cede any cost refunds that he/she may be entitled to, to Fairplane in their own name, so that Fairplane is entitled to claim on their own behalf even after the conclusion of the contract. The Client is fully entitled to any default interest paid by the airline.
4.4. Fairplane is obliged to provide the Client with a breakdown of the eligible amount paid and prove the actually received reimbursement, upon the Client’s demand only.
4.5. The Client is only entitled to off-set only if the counterclaims stand in legal context with the Client’s liability, if they were legally established or accepted by Fairplane.
4.6. With the exception of personal injury, Fairplane and/or the contract lawyers bear liability – to the extent permitted by law – only in the case of intent and gross negligence.
5. Ending of contract and rescission of contract
5.1. The Client is entitled to withdraw from this contract, without giving reasons, within seven working days. The period is calculated from the date of contract conclusion in accordance with clause 2.1. Saturdays, Sundays and bank holidays are not included as part of this period. The Client may already declare his/her withdrawal after submitting the claim.
5.2. The contractual relationship between Fairplane, the contract lawyers and the Client ends when the claim is paid out by the airline and when Fairplane and/or the contract lawyers have forwarded the pro-rata amount to the Client.
5.3. Further, the contractual relationship ends when Fairplane declares that they will cease trying to enforce the claim due to there being no reasonable chance of success. The assessment of whether a claim stands no chance of success is carried out by the contract lawyers at their discretion but on the condition of due scrutiny.
5.4. In the event that the contract lawyers fail to take any action before the airline within six weeks after they were commissioned, or if no compensation agreement could be reached within twelve months despite measures having been initiated, the Client is entitled to the ordinary right of contract termination. Notice must be given in writing and has immediate effect.
5.5. Apart from the above, the contractual relationship can be terminated for cause by either party. In particular, such cause shall be deemed to exist if the Client was found to have made false statements before Fairplane or the contract lawyers.
5.6. The contractual relationship between the Client and the contract lawyer is automatically terminated upon termination of the contract between the Client and Fairplane.
6. Severability clause
The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining parts. Terms that are legally valid or permitted by law and that most closely meet the parties’ intent of the agreed but invalid or ineffective terms, shall be deemed as accepted in the place of invalid provisions.
7. Place of jurisdiction, applicable law and others
7.1. The exclusive legal venue for payments as well as any disputes that may arise between the Client and Fairplane from the concluded contract, insofar as is legally permitted in particular in the way of consumer protection law, shall be Fairplane’s registered office in 1010 Vienna, Austria.
7.2. The law of the Republic of Austria, to the exclusion of the UN Sales Convention, shall apply to all formal and material legal relationships between the parties resulting from the contract between Fairplane and the Client.
7.3. Deviating or supplementary agreements between the contracting parties do not exist, and would require, insofar as they are legally permitted in particular in the way of consumer protection law, written form. The same applies to any amendments of the requirement of written form.
8. Cancellation conditions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any
reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us:
FP Passenger Service GmbH
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Complete and return this form only if you wish to withdraw from the contract
Model withdrawal form
FP Passenger Service GmbH
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
End of cancellation policy
The above is a translation of the German version of the contract’s terms and conditions. In the case of any inconsistencies between the two versions, the German version shall apply.
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