1. Subject matter of the contract, services provided by OÜ HUGO
- These Terms and conditions (hereinafter – Terms) prescribe the procedures for the use of the Website www.hugo.legal/de (Website), the use of HUGO lawbot (HUGO), receiving applications and the procedure of filing a claim on behalf of the User, as well as the grounds for liability for non-compliance with these rules and other rules that are binding on all HUGO’s Users.
- OÜ HUGO through the Website’s HUGO lawbot acquires claims from Users who have had increased bank account fees and that are subject to the Supreme Court of Germany judgement issued on April 27, 2021 in which the Court ruled the increase of bank account maintenance fees without obtaining explicit consent as unlawful.
- You may have a claim if the following conditions apply:
- If you are a private individual and a private client to one of the German banks;
- If the bank account fees have been increased without obtaining an explicit consent;
- The bank has not reimbursed the overpaid bank account fees to the User’s bank account;
- By submitting a claim, you assign your claim to Special Purpose Vehicle (SPV), e.g. Sparkasse KölnBonn claim nr 1, registered for the pursuing claims to the respective bank (hereinafter the exemplary SPV referred to as – Sparkasse KölnBonn claim nr 1) for the purpose of pursuing the claim and collection of the reimbursement. You declare that you have not already otherwise disposed of your claims, in particular that you have not assigned, pledged or waived them or that they have been lost due to fulfillment or other compensation payments. Furthermore, you do not assume any liability for the existence or enforceability of your claims.
- In addition to your claim, Sparkasse KölnBonn claim nr 1 will acquire claims from other affected parties. Sparkasse KölnBonn claim nr 1 is entitled to collectively pursue these claims, insofar as they are of the same type. If they are of the same nature, OÜ HUGO’s legal partner is entitled to form groups and file group claims.
- OÜ HUGO’s legal partner will conduct legal and factual investigations and check whether and which claims you and the other Users are entitled to against third parties. As long as OÜ HUGO’s legal partner sees sufficient chances of succeeding in pursuing the claim, OÜ HUGO’s legal partner will undertake and file these claims at Sparkasse KölnBonn claim nr 1 expense.
- Against whom, to what extent and in what way Sparkasse KölnBonn claim nr 1 or OÜ HUGO’s legal partner takes steps to pursue the claims, is at Sparkasse KölnBonn claim nr 1 discretion. Sparkasse KölnBonn claim nr 1 is entitled, but not obliged, to pursue the received claims out of court or in court against the respective third parties deemed liable by Sparkasse KölnBonn claim nr 1, to conclude settlements, as well as to to waive the pursuing of claims against individual opponents, to pursue the receiving of compensation. OÜ HUGO, Sparkasse KölnBonn claim nr 1 nor HUGOs legal partner is not liable for the success of the pursuit of claims.
2. Conclusion of contract and submitting a claim
- By entering your details on our Website, filing a claim for reimbursement and pressing on the appropriate buttons, you enter into a legally binding agreement and assign your claims to Sparkasse KölnBonn claim nr 1. If your submitted data is correct and fully filled out in the requested manner, you will receive a generated form from us by email. Print it out and sign it. You can then scan it and send it to us via our website or send it to us by post. After receipt of the declaration of assignment, you will receive a confirmation email from us, with which we accept the assignment and your contract offer. We cannot accept an assignment that is not made using our form.
3. Remuneration, costs
- Sparkasse KölnBonn claim nr 1 receives a remuneration of 25% including VAT of the net proceeds from the claims. All fees that the opposing parties remunerate for the claim, minus the court costs and legal fees incurred or to be incurred by Sparkasse KölnBonn claim nr 1. This applies regardless of whether the payment by the opposing party is voluntary, based on a settlement agreement or an official or judicial decision. Insofar as default interest is paid by the counterparty at the statutory rate, Sparkasse KölnBonn claim nr 1 is entitled to this as additional remuneration in full.
- In case Sparkasse KölnBonn claim nr 1 efforts in pursuing the claim are unsuccessful, you will not incur any costs. This also applies if third parties, in particular lawyers, courts or experts, have been brought in to pursue the claim.
- If, at Sparkasse KölnBonn claim nr 1 discretion, the pursuing of the claim does not promise any success, Sparkasse KölnBonn claim nr 1 is entitled to stop its efforts to pursue the claims. In this case, Sparkasse KölnBonn claim nr 1 will notify you in writing, unless they have been canceled by the court, waiver, bank or any other reason.
4. Billing, payment
- Insofar as counterparties make any reimbursement payments to Sparkasse KölnBonn claim nr 1, Sparkasse KölnBonn claim nr 1 withholds the amount mentioned in section 3.1. and pay the remaining amount proportionally to you and the other claimants as soon as possible.
- You ought to provide us with a bank account to which we can transfer the money we retrieve. In the event that you do not provide a SEPA account, any fees incurred for the transfer or payout will be borne by you.
- The subject of this Agreement are mass transactions with thousands of individual claims. For this reason, fast and inexpensive communication is necessary to be implemented. By agreeing to these Terms, you therefore agree that communication with you will only take place electronically, unless otherwise agreed upon. You undertake to send messages to us where necessary and confirm that all the information provided through HUGO is correct and sufficient. We are not responsible for any damages resulting from missing, incorrect or insufficient information about your claim.
- OÜ HUGO will send you a notification about the status of the claim by email or publish it on its website at least quarterly and after the enforcement of a judgement. Individual inquiries from individual claimants about the status of the matter, due to high volumes of claimants, may not be answered.
6. Duration of the Agreement, termination and dispute resolution
- This Agreement is in force until the moment when the judgement of the claim has been enforced or we have determined, based on our discretion and the information available, that there is a high chance that the claim will not be satisfied and ruled in favor of the claimant, and we have informed you of these findings.
- A termination of this Agreement is only permissible if both sides agree upon the termination of this Agreement.
- The European Commission provides a platform for online dispute resolution. However, we prefer to resolve any issues with you directly, therefore in cases any problems arise, please contact us directly at firstname.lastname@example.org
7. Final provisions
- The law of the Federal Republic of Germany to the exclusion of the UN sales law is applicable. If you have placed the order as a consumer and, at the time of your order, your habitual residence is in another country, the mandatory legal provisions that apply in that country are also applicable.
- If you are a merchant and are based in Germany at the time of the order, the exclusive place of jurisdiction is our headquarters in Bonn. In addition, the applicable statutory provisions apply to local and international jurisdiction.
8. Right of withdrawal and cancellation policy for consumers
By agreeing to these Terms, you confirm that you expressly waive your statutory right of revocation and agree that OÜ HUGO will begin performing the services requested before the end of the revocation period, namely, 14 days from the conclusion of this Agreement.