These Terms and Conditions govern the engagement of Softclaims Germany GmbH ("Softclaims") for the assessment and enforcement of flight passenger rights claims.
1.1 "Customer" means the natural person engaging Softclaims to assess and enforce a Claim.
1.2 "Claim" means the Customer's claim against the operating air carrier or another liable party in connection with a specific flight event. This includes in particular claims for compensation, reimbursement, and care under Regulation (EC) No 261/2004 and — where applicable — further claims under the Montreal Convention (e.g. baggage/damage cases) and/or national law. Ancillary claims (e.g. interest) may also be covered.
1.3 "Additional Claims" means other claims/benefits that are not necessarily monetary and/or not based on Regulation (EC) No 261/2004 (e.g. reimbursement of ancillary expenses such as hotel/transport/meals, baggage/damage compensation under the Montreal Convention), which Softclaims may optionally assess and pursue at its discretion.
1.4 "Respondent" means the airline or other party against whom the Claim is asserted.
1.5 "Order Process" means the online procedure for placing the order, including signing the assignment and agreeing to the T&Cs/Fee List/withdrawal information.
1.6 "Fee List" means the fee schedule provided in the Order Process (success fee, any tiers, payout modalities).
1.7 "Panel Lawyer" means a lawyer engaged by Softclaims to pursue the Claim out of court and/or in court, where required or expedient.
2.1 Softclaims assesses and pursues — subject to these T&Cs — the Claim against the Respondent out of court and (selectively) in court.
2.2 Softclaims operates on a success-fee basis ("no win, no fee"): if no value is realised (no payment/benefit on the Claim), the Customer owes no success fee.
2.3 Litigation-cost risk: Where Softclaims engages a Panel Lawyer and/or initiates court proceedings, Softclaims bears the litigation-cost risk as a matter of principle (in particular own lawyer costs and court fees and, to the extent legally permissible, adverse costs), insofar as such costs are not reimbursed by the Respondent. Deviations only apply if expressly agreed separately in an individual case. In addition, Softclaims may claim reimbursement of actually incurred disbursements in the circumstances set out in Sections 6.5 and 13.6 (limited to what is legally permissible).
2.4 Softclaims is a legal-tech/legal-services provider. Where attorney representation is required, Softclaims works with Panel Lawyers.
3.1 Softclaims first checks the plausibility and prospects of success of the Claim on the basis of the information provided by the Customer ("Preliminary Assessment"). Softclaims may use service providers to assist with this check.
3.2 The Preliminary Assessment is non-binding and does not oblige Softclaims to pursue the Claim or to take specific steps (e.g. filing suit). Softclaims decides in its reasonable discretion whether and to what extent to commence, continue, or discontinue enforcement (see Sections 7 and 13).
4.1 In the Order Process, the Customer makes a binding offer to conclude a paid service contract. Softclaims accepts the offer by express confirmation (e.g. email) or by commencing performance.
4.2 For the purpose of enforcement, the Customer assigns the Claim to Softclaims (assignment). The assignment is executed by means of the assignment document provided in the Order Process.
4.3 Softclaims provides the key documents (T&Cs including withdrawal information, Fee List, privacy notice) in the Order Process; the Customer confirms acknowledgement/agreement by clicks/checkboxes.
4.4 Softclaims may serve notice of assignment on the Respondent. The Customer instructs the Respondent to pay exclusively to Softclaims with discharging effect (see assignment).
4.5 Softclaims may cooperate with marketing and service partners; such partners are not parties to the contract unless expressly stated otherwise in the Order Process.
5.1 The success fee (percentage) and any tiers are set out in the Fee List and displayed in the Order Process.
5.2 The fee is calculated on the economic value obtained for the Customer through enforcement (payment, partial payment, settlement, voucher/benefit in kind). Where the benefit is non-monetary, the fee is calculated on the objective value of the benefit unless otherwise agreed.
5.3 Softclaims may deduct the agreed fee and any applicable VAT from incoming amounts and pay out the remainder to the Customer.
5.4 Interest and reimbursable costs: To the extent that default interest and/or reimbursable enforcement costs are collected from the Respondent, such amounts accrue to Softclaims (to the extent legally permissible and provided for in the Order Process/assignment). This serves to cover processing, pre-financing, and litigation costs as well as the litigation-cost risk assumed under the no-win-no-fee model.
5.5 If the Respondent pays the Customer in whole or in part directly after the order has been placed, the Customer must inform Softclaims immediately and provide the relevant payment details. Softclaims' success fee remains due in accordance with the Fee List and is payable by the Customer within 7 days of receipt of the Respondent's payment; however, if the Customer validly withdraws within the 14-day cooling-off period (Section 12), no success fee is charged.
5.6 Payout / failed transfers / missing data: The Customer must provide correct payout details. If a payout fails (e.g. incorrect bank details) or required information is missing, Softclaims may withhold payment until clarification. If the Customer does not respond to two requests and does not provide the required information within 60 days of the second request, Softclaims may retain the payout until the Customer cooperates; statutory rights remain unaffected.
5.7 Any bank fees are borne by the Customer to the extent stated in the Fee List.
6.1 The Customer provides complete and truthful information and submits required documents (e.g. booking confirmation, boarding pass, correspondence, baggage/damage evidence).
6.2 The Customer informs Softclaims without delay of any contact, offers, payments, or other benefits from the Respondent, and of changes to personal data.
6.3 The Customer warrants that the Claim has not already been assigned to a third party, no other company/service provider/lawyer has been engaged in parallel, and no (partial) payment from the Respondent has already been received, unless expressly disclosed.
6.4 During the term of the engagement, the Customer must not pursue enforcement by other means or dispose of the Claim (e.g. settle) without Softclaims' consent, insofar as this would impair enforcement by Softclaims. The Customer ceases own negotiations with the Respondent and forwards incoming correspondence/offers to Softclaims without delay.
6.5 If the Customer culpably breaches cooperation obligations, makes deliberately false statements, double-assigns, or conceals received payments, Softclaims may terminate for cause. In such case, Softclaims may claim reimbursement of actually incurred disbursements (e.g. court fees and invoiced lawyer costs) insofar as caused by the breach and legally permissible. Further statutory claims remain unaffected.
7.1 Softclaims decides in its reasonable discretion whether and to what extent to commence, continue, or discontinue enforcement. Factors that may be taken into account include:
a) plausibility and strength of evidence (documents, witnesses, correspondence),
b) legal assessment (e.g. extraordinary circumstances, jurisdiction),
c) expected duration and effort,
d) cost and litigation risk (including cross-border aspects),
e) Respondent's behaviour and willingness to settle,
f) Claim amount and economic reasonableness,
g) Customer's cooperation and completeness of documentation,
h) technical/administrative impediments (e.g. missing identity/booking evidence).
7.2 This catalogue does not give the Customer a right to demand specific measures (in particular not the filing of suit).
8.1 Softclaims decides in its reasonable discretion whether and to what extent a Claim is pursued out of court or in court.
8.2 Court proceedings are generally only conducted where the case appears sufficiently clear/manageable and economically justifiable. Softclaims may refrain from filing suit or discontinue pending proceedings if the case becomes too complex, prospects deteriorate, new information arises, or the effort/costs become disproportionate.
8.3 Where attorney representation is required or expedient, Softclaims may engage Panel Lawyers. The Customer permits the disclosure of data/documents necessary for enforcement to Panel Lawyers, courts, and other parties.
8.4 Cost indemnity / litigation-cost risk: Where Softclaims engages Panel Lawyers and/or files suit, Softclaims indemnifies the Customer against the resulting costs insofar as they are not reimbursed by the Respondent, subject to any deviations under Section 2.3.
9.1 Softclaims generally pursues monetary compensation (cash payment). Offers of vouchers or other non-monetary benefits from the Respondent may be declined by Softclaims at its discretion unless the Customer expressly requests otherwise.
9.2 Softclaims may assess Additional Claims (e.g. reimbursement of ancillary costs, baggage/damage claims) and pursue them at its discretion. The Customer has no right to demand processing of such Additional Claims.
10.1 Softclaims may conduct settlement negotiations.
10.2 Acceptance without prior consent: Softclaims may accept a settlement without prior Customer consent if the settlement provides a gross amount (before deduction of Softclaims' success fee and any VAT) of at least 70% of the originally claimed principal compensation amount (excluding interest and reimbursable costs) and does not impose material additional obligations on the Customer (e.g. far-reaching confidentiality obligations or waivers beyond the settled Claim).
10.3 Rejection without prior consent: Softclaims may reject settlement offers without consulting the Customer if the Respondent offers less than 70% of the originally claimed principal amount, or offers only vouchers instead of cash (unless the Customer expressly requests otherwise).
10.4 Other settlements: In all other cases, Softclaims will, where practicable, seek the Customer's input. If Softclaims requests the Customer's input by email and the Customer does not respond to two (2) emails within 10 calendar days, Softclaims may decide at its reasonable discretion whether to accept or reject.
10.5 The Customer must not settle, waive, or otherwise dispose of the Claim during the ongoing engagement without Softclaims' written consent, insofar as this would impair enforcement.
10.6 In the case of partial payments, the fee is calculated only on the amount/value actually collected, unless the Fee List provides otherwise.
11.1 Softclaims may provide a customer portal (e.g. document upload, status information, messages). The Customer must keep access credentials confidential and prevent misuse.
11.2 Softclaims may transmit and exchange documents electronically (email/portal). The Customer must ensure that the provided contact details are reachable and check incoming messages regularly.
11.3 Softclaims may temporarily interrupt or modify the portal for technical reasons; this does not give rise to claims by the Customer provided case processing remains possible.
12.1 If the Customer is a consumer within the meaning of § 13 BGB (German Civil Code), they have a statutory right of withdrawal, about which Softclaims informs as follows:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us:
Softclaims Germany GmbH
Kolonnenstraße 8
10827 Berlin
Email: claims@soft.claims
by means of a clear statement (e.g. a letter sent by post or an email stating your case reference) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning the 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 without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal. We shall use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; you will not be charged any fees for such reimbursement.
Special Notes
Early expiry of the right of withdrawal may only occur if the Customer has expressly requested Softclaims to begin performance before the expiry of the withdrawal period and has confirmed awareness of early expiry upon complete performance (separate confirmation in the Order Process). If no such express request/confirmation is given, the statutory right of withdrawal remains unaffected.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To:
Softclaims Germany GmbH
Kolonnenstraße 8
10827 Berlin
Email: claims@soft.claims
I/We hereby withdraw from the contract concluded by me/us for the provision of the following service:
End of withdrawal information
12.2 Softclaims will promptly confirm receipt of a withdrawal.
13.1 The contract ends upon final processing of the Claim (e.g. payment, settlement, final court decision, or termination under Section 13.2/13.3).
13.2 Ordinary termination: Either party may terminate at any time with two (2) weeks' notice. Softclaims is entitled to suspend processing during the notice period.
13.3 Extraordinary termination / exit right: Softclaims may terminate with immediate effect for cause, in particular if (a) the Customer breaches cooperation obligations, (b) the case becomes too complex/costly or economically unjustifiable, (c) prospects of success are lacking or materially deteriorate, (d) contradictory/doubtful information is provided, or (e) legal/technical impediments prevent reasonable processing. Softclaims will inform the Customer stating the reasons.
13.4 Discontinuation of court proceedings: Softclaims decides in its reasonable discretion whether to initiate, continue, or discontinue court proceedings. Discontinuation (e.g. withdrawal of suit) may occur if Softclaims considers the prospects insufficient or the effort disproportionate.
13.5 If Softclaims ceases to pursue the Claim or terminates the contract, Softclaims will re-assign the Claim to the Customer upon request, provided no legally permissible rights of retention exist (e.g. due to unpaid reimbursement of expressly agreed disbursements). Softclaims will provide a re-assignment document upon request.
13.6 If the Customer terminates under Section 13.2 after Softclaims has already incurred non-reimbursable disbursements for court proceedings and/or Panel Lawyers that cannot be recovered from the Respondent, Softclaims may claim reimbursement of those actually incurred disbursements to the extent legally permissible. This does not apply to a withdrawal under Section 12.
14.1 For minors, the Customer must obtain the required declarations from the legal guardian(s). Where both parents/guardians share custody, both guardians should sign where necessary.
14.2 Where the Customer asserts claims of additional persons (e.g. co-travellers), the Customer warrants that they are authorised to do so and that the necessary consents have been obtained.
15.1 Softclaims processes personal data for the assessment and enforcement of the Claim. Details are set out in the privacy notice provided in the Order Process.
15.2 Recipients may include the Respondent, courts, Panel Lawyers, and service providers (e.g. signature/IT providers), insofar as necessary.
16.1 Softclaims is liable without limitation for intent and gross negligence and for injury to life, body, or health.
16.2 For slightly negligent breach of material contractual obligations, liability is limited to the typically foreseeable damage, to the extent legally permissible.
16.3 Softclaims does not guarantee success or a specific processing duration.
16.4 Softclaims is not liable, to the extent legally permissible, for delays or impediments due to events beyond Softclaims' control (force majeure), in particular telecommunications/IT outages, strikes, or official measures.
17.1 Consumers may avail themselves of out-of-court dispute resolution bodies on their own initiative. Softclaims is not obligated and not generally willing to participate in dispute resolution proceedings before a consumer arbitration board, unless required by law.
17.2 Alternatives: Customers may also assert claims directly against the airline themselves and, depending on the case, use arbitration boards/authorities. The decision lies with the Customer; Softclaims assumes no liability for the prospects of alternative routes.
18.1 The Customer may not transfer rights and obligations under this contractual relationship without Softclaims' prior consent.
18.2 Softclaims may use service providers (e.g. IT/signature providers) and Panel Lawyers to perform the contract. Softclaims may transfer rights and obligations under this contractual relationship to affiliated companies or legal successors insofar as necessary for performance/administration and provided the Customer's legitimate interests are not impaired. Data protection requirements remain unaffected.
18.3 Insofar as a transfer may concern the Legal Services Act (RDG), it is carried out exclusively within the framework of applicable law.
19.1 Softclaims provides legal services within the framework of applicable law. Where Softclaims engages third parties (in particular lawyers) for enforcement, this is done only to the extent required and expedient.
19.2 The recoverability of legal costs asserted against the Respondent is governed by law. Reimbursement by the Respondent may be denied in whole or in part in individual cases; this does not affect the no-win-no-fee model (Section 2.2) and the cost-bearing/indemnity provisions (Sections 2.3 and 8.4).
19.3 This note serves transparency; no further assurances regarding the recoverability or amount of legal costs are given.
20.1 The version accepted by the Customer in the Order Process applies. Amendments apply only to future orders, unless required by law or exclusively beneficial to the Customer.
20.2 Softclaims records the date of consent and the accepted version in the Order Process in its internal records.
21.1 German law applies. Mandatory consumer protection provisions of the state of the Customer's habitual residence remain unaffected.
21.2 Where these T&Cs are provided in multiple languages, the German version prevails.
21.3 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, Berlin is the exclusive place of jurisdiction. Otherwise, the statutory places of jurisdiction apply.
22.1 There are no side agreements. Amendments and supplements require text form, to the extent legally permissible.
22.2 Should any provision be invalid, the validity of the remaining provisions remains unaffected.