General Terms and Conditions of NoShow Consumer Travel Rights GmbH (as of 12/28/2021)
1. General:
NoShow Consumer Travel Rights GmbH is a collection service registered under file number 371 E-M 1810 and acts as judicial and extrajudicial legal service to enforce
-claims against tour operators, airlines and other service providers unlawfully withholding cancellation fees, damage compensation and reduction of tour prices in case of mayor tour shortcomings, as well as
– claims for adjustment, reimbursement or compensation, which passengers are entitled to under the EU-regulation 261/2004.
1.1 Scope of application
The following terms and conditions apply to all declarations of intent, contracts and legal or similar transactions by NoShow Consumer Travel Rights GmbH, Martin-Kollar-Str. 12, 81829 Munich (hereinafter referred to as “NoShow”) with their customers (hereinafter referred to as “customer”) in connection with the services offered on the website www.ruecktritt.eu, www.legress.de and mentioned under 1.
These also include the subsequent services:
www.rücktritt.ch, www.rücktritt.at, www.ruecktritt.eu, www.ruecktritt.ch, www.ruecktritt.net, www.legress.de, www.legress.com
1.2 Client
Terms of Service apply to the client with the consumer in line with § 13 BGB and to the contractor in line with § 14 BGB.
1.3 Contradictory Terms of Service by the client
Contradictory Terms of Service by the client are to be seen as explicitly objected, unless it has been agreed to otherwise.
2. Contractual object
2.1 Service of recourse
NoShow tries to enforce the claims mentioned in 1. against the tour operator and airline. For this purpose the client authorizes NoShow as his attorney or by transfer of the demand.
2.2. 2.2 Contract
The Services and any other efforts of NoShow on the web remain non-binding and without engagement. In particular they do not represent the conclusion of contract.
By clicking the according buttons in the online-system when submitting a form, which has to be filled, the client makes a binding offer for conclusion of a collection contract for the collection of the cancellation fees, which were too highly assessed or the assertion of adjustment payment or compensation payment.
The acceptance of contract takes place specifically by signed statement from NoShow or by assertion of the claims towards the airline or tour operator. NoShow will have communicated in writing if the offer was accepted at the latest two weeks after the submission. The request of additional information or documents to verify the claims does not represent a conclusion of contract.
NoShow reserves the right to deny certain clients without specification as a contracting party.
2.3 Coverage
Due to high processing efforts, only clients with flight prices of atleast € 50, package trip prices of atleast € 400 and cancellation of other service providers of atleast € 200 can be accepted.
All offers by NoShow are addressed exclusively to clients, who are legally able to enforce their claims at a german or austrian court of jurisdiction. This only applies to travelers with residence in Germany or Austria, or if the company’s head office is situated in the European Union or if the clients flight departure or destination were located in Germany or Austria.
2.4 Ordering process
Initially the client has to fill in a form provided on the NoShow website with all the relevant information. These include all documents required to enforce the claim (readable copy of the booking confirmation, boarding card and possible confirmations by the airline or tour operator about the cancellation or the flight not being taken).
The claim is verified based on this information. If accepted by NoShow, the proxy document will be transmitted to the client by mail to the address stated in the order process or via email to the stated email address.
3. The client’s duty of cooperation
3.1 Power of attorney / Subrogation
For the purpose of enforcing the claims as statet in 1., the client authorizes NoShow, to fulfil the demands in the name of the client.
The relevant proxy document will be sent to the client with the conclusion of contract and has to be filled in completely and sent back, with signature, to NoShow.
In special cases it is possible to transfer the claims to NoShow fiducially. For this a declaration of assignment will be necessary. The customer is comprehensively informed about special circumstances.
Additional proxy documents will have to be provided by fellow travelers, in case the client wants to enforce these claims for travelling companions, and sent to NoShow.
If the client makes claims to damages for his underaged children, traveling with him, he can submit the proxy document as the legal representative of the underaged child.
3.2 3.2 Contacting the tour operator / airline or other service providers
Without written consent by NoShow, the client is not allowed to contact or negotiate with the tour operators, airline or other service provider until the termination of the contract. The client is especially not allowed to accept any kind of compensation or to make a legally binding declaration in connection with the claims (Settlement, transfer, pawning etc.), without the consent by NoShow. The client is especially not allowed to accept any kind of compensation or to make a legally binding declaration in connection with the claims (Settlement, transfer, pawning etc.), without the consent by NoShow.
The client has to immediately contact NoShow with information, if the tour operator, the airline or a other sevice provider should directly contact the client
after the conclusion of contract concerning payments or other benefits as compensation.
3.3 No other contracting
The client confirms, that he has not already received any claims and has not ordered a third party to enforce his claims and will refrain from doing that after the assignment to NoShow.
Possible damages to NoShow resulting from violation of these rules will be asserted against the client.
No further compensation
The client assures, that the claim has not already been compensated by a third party e.g. an ensurance company.
In case of violation, NoShow reserves the right to assert possible damages or appropriate compensation against the client.
3.5 Comprehensiveness of data
Inquired information from the ordering process, as well as the transferred statements from the draft contracts have to be complete and truthful.
The client has to ensure, that all documents relevant for processing are transferred. (this includes a readable copy of the booking confirmation, boarding card and possible confirmations by the airline, tour operator or other service provider about the cancellation or the flight not being taken) If necessary, the client has to provide additional and required Information without delay. If necessary, the client has to provide additional and required Information without delay.
NoShow reserves the right to assert against the customer any damage caused by this or a reasonable reimbursement of expenses for the additional expenses of the separate post-processing in the event of false information or deliberately omitted presentation of facts, as well as retention of case-relevant documents / correspondence.
4. Compensation
4.1 Compensation for cancellations of package and individual travel by the traveler
NoShow receives a compensation by the client in the amount of 39% plus value added tax – currently 19% – (hereinafter referred to as “success commission”) for all amounts paid by the tour operator, airlines or a third party including interest. In case of the claim being compensated as payment in kind, instead of money (e.g. with travelling coupons, discounts), NoShow is entitled to a commission of 39% of the value of the payment in kind. The value of the payment in kind in case of doubt corresponds to the original claim. The claim for compensation maintains, regardless of who the tour operator paid the settlement to.
4.2. Compensation for flight delays or cancellations according to the EU Regulation
NoShow receives a compensation by the client in the amount of 25% plus value added tax – currently 19% – (hereinafter referred to as “success commission”) for all amounts paid by the airline or a third party including interest. In case of the claim being compensated as payment in kind, instead of money (e.g. with airline miles, flight vouchers, discounts), NoShow is entitled to a commission of 25% of the value of the payment in kind. The value of the payment in kind in case of doubt corresponds to the original claim. The claim for compensation maintains, regardless of who the airline paid the settlement to.
4.3 Compensation in the event of cancellation by the tour operator
If the organizer cancels a damage (e.g. lost vacation, travel costs, parking fees, overnight stays, etc.) for the traveler, NoShow is committed to claiming compensation. NoShow then receives a commission of 39% from the customer plus value added tax – currently 19% – (hereinafter referred to as “success commission”) for all amounts paid by the tour operator including interest.
4.4 Compensation for cancellations of package and individual travel by the tour operator or other service provider by means of voucher reimbursement
If the tour operator or another service provider only offers the traveler a voucher instead of the monetary reimbursement after a cancellation of the trip, NoShow is committed to the payment of the amount. NoShow then receives a commission of 20% from the customer plus value added tax – currently 19% – (hereinafter referred to as “success commission”) for all amounts paid by other service providers including interest. In case of the claim being compensated as payment in kind, instead of money (e.g. with airline miles, flight vouchers, discounts), NoShow is entitled to a commission of 20% of the value of the payment in kind. The value of the payment in kind in case of doubt corresponds to the original claim. Entitlement to remuneration exists regardless of who the payment was made to.
4.5 Remuneration for the reclaim of the travel price in the event of cancellation by the package tour operator
If a tour operator offers a package tour due to unavoidable, extraordinary circumstances, e.g. due to the rampant Covid-19 pandemic or other reasons that remove it from the travel contract free of charge, travelers have the right to a refund of the deposits made within 14 days. If the organizer does not make corresponding payments within 14 days, NoShow will be committed to the rapid refund of the amount both out of court and in court. In these cases, NoShow receives a commission of 12% from the customer as remuneration plus VAT. value added tax – currently 19% – (hereinafter referred to as “success commission”) for all amounts paid by the tour operator including interest. The right to remuneration exists after the start of NoShow’s activity, regardless of to whom the reimbursement of the tour operator was made (NoShow or directly to a means of payment of the traveler).
4.6 Transfer costs
The client bears the transfer costs, especially those incurring with foreign banks. This includes all banking fees outside the SEPA zone, as well as possible exchange rate fluctuations and conversion.
NoShow reserves the right of selection of the payment option (e.g. SEPA transfer, foreign bank transfer, Paypal, WesternUnion).
4.7 Advance costs / Free of charge
There are no costs or fees which the client has to pay in advance. Any procedural costs such as e.B court costs, legal costs, costs from the order for payment procedure or enforcement will be borne by NoShow as the litigation financier at its own risk and will not be charged to the customer in the event of complete defeat. In the event of a court-imposed cost ratio of the procedural costs (e.g. 20% of the plaintiff / customer, 80% of the defendant), these will be offset against the amount won as under GTC point 6.1 before the remaining amount forms the basis for the contractually agreed settlement between the customer and NoShow.
In the event of claims for reimbursement of costs, e.g. out-of-court legal costs, the customer is indemnified by NoShow and assigns them to NoShow when NoShow is commissioned. NoShow accepts the assignment at the beginning of its activity.
5. Payout
5.1 Bank account data of the client
The client has to provide NoShow with valid bank details for transfer via SEPA process or a valid email address registered with PayPal. By naming the bank details / email address, the client declares at the same time, that he is authorized to the bank account / PayPal account aswell as the compensation.
The client is obligated to pay out all shares of compensation designated for fellow travelers.
5.2 Payment transactions by the tour operator, airline or other service provider
Notice has to be sent immediatly, provided the client receives payments or any other benefits directly from the tour operator, airline or other service provider. The owed success compensation will then be requested in writing.
NoShow’s success commission is due 10 banking days after the receipt of the compensation by the client at latest.
5.3 Delay
In case of a delay of the payment obligation of this contract or the non-disclosure of a compensation, NoShow will charge the client all costs in connection with the reception of the owed commission.
6. Settlement and other compensation
6.1 Settlement costs (extrajudicial and judicial)
In the case of a settlement, both out of court and in court, the specified procedural costs (usually a quota) for lawyer and court costs are deducted from the settlement amount. The resulting remaining amount after deduction of the procedural costs then represents the basis for the agreed NoShow success commission rate and no longer the e.g. total and thus higher, claimed compensation for withdrawal.
6.2 Offer of other compensation
Provided that the tour operator, airline or other service provider offer, extrajudicial or after the initiation of legal proceedings, instead of or in addition to cash payments, compensation in the form of other benefis, flight vouchers, discounts, airline miles or a settlement proposal, NoShow will verify the adequacy of the proposed compensation and provide the client a recommendation for action. The decision-making competency about this remains with NoShow. The decision-making competency about this remains with NoShow.
The client is not entitled to accepting any compensation cash or in the form of other benefits without prior coordination with NoShow.
The client is likewise not entitled to accept an irrevocable judicial or extrajudicial settlement offer without prior consent by NoShow.
7. Privacy protection
NoShow collects the client’s data as part of the processing of contracts. In particular, regarding the regulations of the Federal Data Protection Act and the Telemedia Act. NoShow will merely collect, process or use the client’s inventory and usage data without the client’s consent, if this is necessary for the execution of the contractual relationship and for the usage and billing of telemedia. NoShow will not use the client’s data for advertising, marekt or opinion research purposes with the client’s consent. Apart from that, in reference to the client’s consent and further information on data collection, processing and use, the privacy policy can be accessed at any time on the web page https://www.ruecktritt.eu/datenschutz/ in printable form.
8. Term of contract, termination
The contract takes effect together with all rights and obligations until
Compensation is enforced, settled and paid to the customer.
The contract also terminates if NoShow has determined the futility of further enforceability of the compensation with reasonable discretion. The customer will be informed about this in writing.
The contract may be terminated by the client as well as NoShow if
for an important reason.
9. Right to revoke and instruction
9.1 Consumer
If you are a consumer in line with § 13 BGB, meaning a natural person, who
concludes a legal transaction for a purpose, not predominantly having to do with commercial or
independent professional activity, you are entitled to a
lawful right of revocation.
9.2 Instruction
We instruct you about the right of withdrawal as follows:
You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the date of conclusion of the contract (in line with Section 2.2, but at the latest upon receipt of this cancellation policy). In order to exercise your right of withdrawal you must inform:
NoShow Consumer Travel Rights GmbH
Martin-Kollar-Str. 12
81829 München
E-Mail: info@ruecktritt.eu
Tel.: +49 (0) 89 / 588018-800
Fax: +49 (0) 89 / 588018-899
by means of a explicit statement (e.g. a letter sent by post, fax or email
stating your case number) about your decision to withdraw from this contract.
You can use the attached model withdrawal form, though it is not required.
To comply with the withdrawal period, the notification about the exertion of the
right of withdrawal has to be sent, but not received bevor the expiration of the withdrawal period.
9.3 Consequences of revocation
If you withdraw form this contract, we will have to pay back all payments
, received from you, including shipping costs (excluding additional costs, resulting
from you choosing another shipping option than the cheapest
standard delivery) immediately and at latest within the 14 days after we received
your notification of revocation for this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. you will in no case be charged with fees for this repayment. We will demand a reasonable amount, if you requested our service to be initiated during the period of withdrawal, which is equal to the proportion of service already provided on the date of you exercising the right of withdrawal of this contract, with regards to the total amount of the
services provided in the contract.
9.4 Specific instructions
Your right of revocation expires prematurely, if the service has been completely provided by us and started after your explicit consent and your confirmation priod to the execution of the service, that you were aware of forfeiting your right of withdrawal on the complete fulfilment of contract.
If you want to revoke the contract, then you can fill out this form:
Withdrawal form template:
to
NoShow Consumer Travel Rights GmbH
Martin-Kollar-Str. 12
81829 München
E-Mail: info[at]ruecktritt.eu
I hereby revoke my/our(*) contract, concluded by me/us(*) for the performance of the following
Services / claim number:
Ordered:
Consumer name:
Consumer address:
Signature of the Consumer (only when notified on paper):
Date: __________________________________ (*) Cross out inaccurate statements
10. Final Provisions / Applicable Law / Jurisdiction
The contract between NoShow and the client, as well as these general terms and conditions are governed under the law of the Federal Republic of Germany, excluding German international private laws and the UN sales Convention. If the client is a consumer and has a habitual residence in another state at the time of the conclusion of the contract, the compulsory consumer protection regulations of that state are also applicable, as long as these provisions provide the client with further
protection.
If the client or contract partner is a merchant, legal entity of the public law or public special
asset, the only jurisdiction for all contract relations arising from the claims is munich.