1. scope of application
1.1 The GTC regulate the relationship between advokatiX GmbH as operator of the internet portal and the respective user. The platform serves the simple, automatic establishment of contact between users and cooperation partners and opens up the possibility of having concrete questions checked, claims enforced or fended off and claims and compensation collected via the Internet.
1.2 Registration on the online platform is only permitted to fully contractually competent persons or those who act with the consent of their legal representatives. If advokatiX GmbH or the respective cooperation partner becomes aware of the limited legal capacity before or during the term of the contract, the contract is only concluded with the approval of the authorized representative and the cooperation partners reserve the right to discontinue all activities until then.
2.1 The online platform CheckdeinRecht is operated by:
Kaiserswerther Straße 142
Telefon: +49 (0)211 863224-0
Telefax: +49 (0)211 863224-99
2.2 In addition to lawyers, cooperation partners are also other persons authorised under the Legal Services Act (RDG) – in particular collection agencies with a licence pursuant to § 10 RDG.
3.1 advokatiX operates the online platform CheckdeinRecht. These can be used to provide users with advice from cooperation partners.
3.2 advokatiX itself does not provide any consulting services and in particular also no legal advice. The services of advokatiX expressly include only the provision of the online platform and the consolidation of users and cooperation partners. The cooperation partners provide the consulting services to the users exclusively in their own name. advokatiX is not responsible for these consulting services.
3.3 advokatiX operates the online platform within the scope of technical possibilities and may switch off the online platform for necessary maintenance, updates and controls. The users agree with the fact that also short-term and unannounced shutdowns take place, provided that these are technically necessary. advokatiX commits itself in this respect to carry out appropriate maintenance work and possibly accompanying shutdowns – if possible – only at times of low user utilization.
3.4 The services offered by advokatiX can be adapted, extended, limited or discontinued at any time without prior notice. Services provided free of charge by advokatiX are not essential to the contract.
3.5 5 advokatiX does not owe any success beyond the content and service offer of the online platform. In particular, the conclusion of contracts between users and cooperation partners is not owed.
4. Free initial check / conclusion of the contract
4.1 In order to use the free initial check, the user may complete the enquiry form provided on the online platform. The mandatory fields marked with a red star must at least be filled in.
4.2 The information requested in the enquiry form must be complete and correct and must be corrected immediately. Should the data provided change after registration or should you discover that you have provided incorrect data, you are obliged to inform advokatiX immediately. This applies in particular to your name and e-mail address.
4.3 The right check input mask is a request form. A contract between the cooperation partner and the user is only concluded after the respective cooperation partner has expressly confirmed the contract (e.g. by e-mail) ; the user then also receives a file number for his case. However, the request by advokatiX or a cooperation partner to send further documents alone does not constitute an acceptance of the contract. If the user does not receive a file number within 2 weeks, the application is considered rejected.
4.4 It should be noted that the specific question is examined solely on the basis of the information provided by the user and that the cooperation partners may exclude and/or delete the case for processing if one of the following reasons applies:
- incorrect and/or missing address details
- incomplete, incomprehensible question
- deliberately erroneous data
- Unobtainability of the user.
4.5 If all documents relevant to the examination are available, the user will generally be informed of the result of the initial check within 48 hours.
A distinction must be made here:
a) If the examination shows that there is a chance of success, the cooperation partners (see 2.2 above) shall take over the case. The prospect of success is already given if at least a settlement, a payment, a suspension of proceedings or at least a partial improvement of the legal position of the user can be achieved.
b) If the examination shows that there is no prospect of success, the case will only be pursued further at the express request of the user, with all further costs being borne by the user.
c) In the event of success or non-success at the express request of the user, the user receives a power of attorney. This power of attorney must be signed and returned to the cooperation partners with any further documents.
d) d) If the initial legal consultation is positive, the cooperation lawyers will also take over the case in court if necessary.
5. Obligations of the user
5.1 The user agrees to make available to the cooperation partners in particular the documents and information required to process the question promptly upon request. Should the requested documents or information not be transmitted promptly (within 7 days) after the request of advokatiX or the cooperation partners, the cooperation partners are entitled to refuse the acceptance of the contract or to withdraw from the contract by declaration in text form (e.g. by e-mail).
5.2 The user has to retrieve his e-mails at regular intervals, unless a more specific time limit has been set by advokatiX for individual services. advokatiX reserves the right to return incoming personal messages to the sender on behalf of the user if the intended capacity limit is exceeded.
6. Use free of charge
In principle, the user does not incur any costs for the case examination or information on the online platform CheckdeinRecht. Exceptions to this are set out in Section 7 below.
7. Legal expenses insurance, opponent, third party, billing
7.1 If a legal expenses insurance policy specified and concluded by the user covers the costs, this will be claimed by the cooperation lawyers.
7.2 Provided that the user is entitled to full or partial reimbursement of legal costs from the other party in a specific case, this shall also be asserted.
7.3 The user assigns the claims of the user against third parties (opponent, legal protection, insurance, state) mentioned in 7.1 and 7.2 to the cooperation lawyers. The assignment is accepted by the cooperation partners.
7.4 Our cooperation lawyers shall invoice the user in accordance with RVG. Legal service providers (debt collection) receive 25 percent plus the respective statutory value added tax on the compensation amount enforced. The legal service provider (collection) is entitled to forward the case directly to the cooperation partners for the purpose of pursuing the case.
7.5 If the efforts of the legal service provider cooperating with us are not successful, you will not incur any costs.
7.6 If only a partial amount of the claimed compensation (in particular in case of flight delay, travel deficiencies, etc.) can be enforced or a settlement (in particular with the airline, the tour operator, etc.) can be reached, the legal service provider will charge the above-mentioned compensation only on this partial amount.
7.7 Settlements may also be made at the dutiful discretion of the customer without the customer’s consent. This is particularly justified if experience has shown that a better result is not to be expected even in court proceedings.
7.8 The cooperation partners are entitled to deduct the remuneration due to them plus the respective statutory value added tax directly from the payments received by them.
7.9 The final invoice shall be issued after completion of the procedure as soon as we have all the documents required for the invoice. Once we have received the documents, a statement of account will be drawn up and the payment amount due to you will be instructed.
8. Special features
8.1 Depending on the area of law, special statutory preclusion periods apply after the expiry of which the user can no longer assert his claims. It is the sole responsibility of the user to comply with the relevant deadlines. The advokatiX cannot accept any liability for any failure to meet a deadline.
8.2 Only exemplary, not conclusive, reference is made at this point to the following exemplary deadlines from labour law or travel law:
“§ 4 KSchG Referral to the Labour Court
If an employee wishes to assert that a notice of termination is socially unjustified or legally ineffective for other reasons, he must bring an action before the Labour Court within three weeks of receipt of the written notice of termination to establish that the employment relationship has not been terminated by the notice of termination. In the case of § 2, a claim shall be filed for a declaratory judgment that the change in working conditions is socially unjustified or legally ineffective for other reasons. If the employee has lodged an objection with the works council (§ 3), it is to attach the statement of the works council to the complaint. If the termination requires the approval of an authority, the period for bringing the matter before the labour court shall expire only upon notification of the decision of the authority to the employee.”.
“until 31.07.2018: § 651 g BGB Preclusion period, limitation period
Claims under §§ 651c to 651f must be asserted by the traveller against the tour operator within one month of the contractually stipulated end of the trip. Section 174 shall not apply. After the deadline has expired, the traveller can only assert claims if he has been prevented from adhering to the deadline through no fault of his own.
Claims of the traveller according to §§ 651c to 651f expire in two years. The period of limitation begins on the day on which the trip should end according to the contract.
“from 01.07.2018: § 651j BGB Statute of limitations
The claims of the passenger referred to in § 651i (3) shall become statute-barred after two years. The period of limitation shall begin on the day on which the package should end in accordance with the contract.”
9. Warranty and liability
9.1 advokatiX is not liable for downtimes of the online platform if they are due to force majeure, lack of energy or raw materials, power failures, labour disputes as well as official or sovereign measures.
9.2 advokatiX is liable without limitation for intentional or grossly negligent breaches of duty, for slight negligence only in case of breach of essential contractual obligations in a manner endangering the purpose of the contract. Claims for damage to health, life or limb remain unaffected by the above limitations of liability. advokatiX is expressly not liable for the non-fulfilment of contractual obligations, if this is based on a reason beyond the control of advokatiX.
10.1 A termination by the user or cooperation partner or advokatiX is possible at any time.
10.2 EAny claims still outstanding at the time of termination shall remain unaffected by termination.
11. Final provisions
11.1 The electronic offer as well as the General Terms and Conditions conclusively regulate the rights and obligations between the contracting parties.
11.2 Amendments and supplements to these agreements and these GTC require text form, the express reference to the provisions to be amended and the legally valid consent of the contracting parties in order to be valid. advokatiX is, however, entitled to unilaterally amend these GTC as far as this is necessary for the elimination of subsequently arising disturbances or for the adaptation to changed legal or technical framework conditions.
advokatiX will inform the user about such adaptations. The change becomes part of the contract if the user does not object to the inclusion in the contractual relationship with one of the companies in text form within 6 weeks of receipt of the change notification.
11.3 The contractual relations between the parties shall be governed by the laws of the Federal Republic of Germany.
11.4 advokatiX observes the valid data protection regulations. For details, please refer to the data protection declaration.