§ 1 Scope of application
The following General Terms and Conditions ("GTC") are an integral part of every contract concluded between us, faire-Regulierung Rechtsdienstleistungsgesellschaft mbH, Weißenfelser Str. 65J - Haus 7, 04229 Leipzig, and you.
§ 2 Your obligations to co-operate
- You are obliged to provide us with all information requested by us for the assertion of your claims completely and truthfully.
- Should your data change or information provided by you (in particular regarding the accident event) prove to be incorrect or incomplete, you are obliged to inform us immediately and to correct the information.
- If you receive a payment from the opposing party or their insurance company or your comprehensive insurance, you will inform us of this immediately.
- You are obliged to provide us with a power of attorney in writing upon request.
3 Remuneration; payment
(1)Liability:
If it is agreed to assert material and/or immaterial claims for damages against the injuring party and its insurance company, our remuneration is based on the respective value of your claim (sum of the respective repair costs, hire car costs, compensation for pain and suffering, expert opinion costs, treatment costs, etc.). Our remuneration is calculated in accordance with § 2 Para. 2 in conjunction with. Annex 1 of the German Lawyers' Fees Act (RVG). Our remuneration is claimed directly from the insurer liable to pay as part of your claim for compensation. This procedure is therefore cost-neutral for you as the injured party.
(2)Hull
If the assertion of claims against your fully or partially comprehensive insurance has been agreed, our fee is 19 % incl. VAT of the amount paid to you by your insurance company. If your insurance company does not make a payment, you will not incur any costs. You only pay us if we are successful.
(3) Payments made to us by an insurance company on your behalf will be paid out to you after deduction of our agreed remuneration.
§ 4 Our liability
The statutory liability applies to our services, unless otherwise agreed below:
(1) We shall be liable - irrespective of the legal grounds - for damages or reimbursement of futile expenses in accordance with the following provisions under lit. (a) and (b) below:
- In the event of wilful intent and gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you regularly rely and may rely); in this case, however, our liability shall be limited to compensation for foreseeable damage typical of the contract.
- The exclusions and limitations of liability resulting from lit. (a) shall not apply insofar as we have assumed a guarantee for damages resulting from injury to life, body or health.
(2) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.
§ 5 Dispute resolution
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.