For travellers
Travel law and aviation law are developing rapidly . The traveler and airline passenger is unconscious and left alone in front of a tangle of legal bases of international conventions , European legislation and national laws. The inscrutable laws principles and vague legal terms are often misused to prevent the person concerned from exercising their right claim and enforce .
The person feels that injustice has befallen him . Without understanding the interplay of different legal theories , however, is the formulation and translation of the claims for affected travelers and air passengers face of powerful travel and aviation groups extremely difficult.
This is where our consulting services - in cooperation with our partners also specialized in travel law firms - to . We examine and analyze your incident. Please contact us and your contact person will contact you and assist you during the care of the matter at any time . Your contact person will jointly discuss with you the situation . He will work with you on a solution approach, which involves a reasonable , cost-effective and sustainable outcome . The cost of our activities are you exactly informed before they arise . Your contact will convey the matter to understand and explain the specific procedure .
We place the highest demands on the quality of our services. Our customers benefit from our methodical evaluation of information , our cross - border advisory services and our aimed approach . We look after you well above legal details .
travel lack of service
Insofar as you have become affected by deficiencies in the context of a travel package, tour or travel module , we represent in cooperation with our partner firms your interests to the tour operators and other counterparties .
Packages matters are urgent !
Due to the sometimes very short ad deadlines and specific formal conditions and requirements in the claim assertion you should act in the event of travel delay defects .
You can send us your matter first describe by e -mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
. Your contact person will contact you and discuss the next steps with you.
Basis of a sound and precise legal analysis of your incident is the detailed description of the events . Seemingly unimportant details can represent crucial features of your matter and influence the evaluation of operations. A clear , structured and chronologically authored complete facts allows optimal evaluation of the facts and the law . A complete documentation of incidents by deeds, descriptions or images helps to reaffirm the events .
You have the possibility to choose between different consulting offers :
Initial Consultation
Extrajudicial of interests
counterparties with the aim of amicable and out of court settlement
Judicial advocacy counterparties and claim opponents with the goal of process execution and supervision
EU passenger rights
flight Delay
The delay in transit for the purposes of a flight is basically a breach of contract defective performance or non- performance dar. extent to which the delay of the flight legally significant and the requirements of the several theories for air passengers are met, must be checked. The title of lawyer specializing in travel law or lawyer specializing in Aviation Law does not exist. IT lawyers advising in cooperation with the law firm Bartholl mainly affected travelers and passengers in matters arising from the travel law, air law and European passenger claims.
Describe if you have become affected a flight delay us your concern . This you can use the form below . Please remember to include your name, phone number and e - mail address. You can use the following form of our cooperation partner RA Bartholl - please with a complementary indication of whether your mandate in Berlin by RA Bartholl or in Dusseldorf or Munich from RAin Silke Angel Siebert to be processed - or send directly an e- mail to us at: This email address is being protected from spambots. You need JavaScript enabled to view it.
Contact description of case flight delay
Flugannulierung or flight cancellation
Similarly, the cancellation, modification and amendment of transit for the purposes of a flight basically a breach of contract defective performance or non- performance dar. extent to which the cancellation of the flight legally significant and the requirements of the several theories for passengers , especially the passenger Regulation ( EC) No 261/ 2004 are fulfilled are to be checked.
Describe if you have become affected a flight cancellation or cancellation of a flight us your concern . This you can use the form below our cooperation partner . Please remember to specify and state whether your client is to be supervised by RA Bartholl in Berlin or by RAin Silke Angel Siebert in Dusseldorf or Munich include your name, phone number and e - mail address. You can use the form below or directly send an e -mail to us at : Send This email address is being protected from spambots. You need JavaScript enabled to view it.
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Contact description of case flight cancellation or flight cancellation
Loss of luggage or baggage delay
The improper transportation of the luggage in the context of a flight is basically a breach of contract defective performance or non- performance dar. extent to which the baggage delay , the loss of the suitcase , the damage to checked baggage or other luggage problems legally significant and the requirements of the several theories have been met for airline passengers , is to check .
Describe if you have become affected a baggage delay or baggage damage us your concern . This you can use the form below . Please remember to include your name, phone number and e - mail address. You can use the following form of our cooperation partner RA January Bartholl - please with a complementary indication of whether your mandate in Berlin by RA Bartholl or in Dusseldorf or Munich from RAin Silke Angel Siebert to be processed - or send directly an email to us at : GepäThis email address is being protected from spambots. You need JavaScript enabled to view it.
PLEASE NOTE :
Baggage Damaged matters are always Eilsachen . If your baggage incident already date back 7 days and 21 days , contact a lawyer for Aviation Law and contacts for the luggage regulation.
Contact description of case luggage delay or loss of baggage
Your attorney's fees
Our work is based on trust, confidentiality and liability. There are four different possibilities of agreement on the remuneration :
hourly fee
Billing on an hourly fee basis :
Usually, the billing on an hourly fee basis agreed. The German legislator normalized in § 34 Rechtsanwaltsvergütungsgesetz that the lawyer is to ensure, as far extrajudicial advocacy on a fee arrangement .
As part of the fee arrangement in dependence to the time used a fixed compensation per hour plus 19% VAT and expenses will be agreed .
The compensation on an hourly fee is optimal for the extrajudicial and judicial advocacy in matters of travel law, air law and aviation law. The compensation on an hourly fee basis is recommended for clients who want predictability and cost control.
benefits
The lawyer will only receive compensation for actual hours activities that are detectable to the minute , so that the benefit of the clients highest cost control is assured.
We offer our customers to provide a window of time (eg capping of activity on 90, 180 , 240 minutes etc. ) before placing the order. Thus, the client knows at any time , the costs involved and may expand the scope of the work by hand as needed.
The client also regarding further questions or concerns may contact the lawyer , without fear , thus triggering high attorney fees (such as it may be in the settlement after the RVG the case). Is charged by the minute and not by flat rates ( as in the RVG on billing basis).
Depending on the desire of the client can be made an interim settlement .
Accurate prediction of the costs
Planning certainty , cost certainty for clients
transparency
For in Switzerland, in Austria and in France legal protection-insured clients cover the costs of the compensation of legal work will often be possible after hours fee. This does not apply in Germany insured , since almost all insurance companies in Germany have excluded costs of fee agreements by the insurance conditions.
disadvantages
For the lawyer billing by the hour award means an increased effort , since the activities must be fully documented and measured in time.
With comprehensive activities (such as the creation of a legal opinion , etc. ), the agreement of a flat-rate fee be more appropriate .
For legal protection assured in Germany clients a payment arrangement will often be excluded ( which should be checked in each case by the policy conditions and clarifies the legal protection insurance).
The compensation on an hourly fee is the optimal and interest- based remuneration in the form of travel regulations and flight legal matters.
standard fee
Billing by flat fee :
During the preparation of a legal opinion , a publication or in the examination of contracts or terms and conditions or other " unique" , selectively determinable contracts the agreement of a flat-rate fee is recommended.
The compensation on flat fee basis is possible only in matters in which the level of activity can be determined with sufficient accuracy. It is impossible to determine , the remuneration should be agreed after hours fee. As part of the extra-judicial or judicial advocacy in travel law and aviation law matters compensation in accordance flat fee in most cases will be possible since not foresee and predict the level of activity and the course of the matter in the process method can .
As part of the fee agreement by a flat fee plus a fixed compensation package 19% VAT and plus expenses will be agreed .
benefits
Accurate prediction of the costs incurred
No documentation of each activity unfolded required
Predictability , transparency
For in Switzerland, in Austria and in France legal protection-insured clients cover the costs of the compensation of legal work on flat fee basis will often be possible. This does not apply in Germany insured , since almost all insurance companies in Germany have excluded costs of fee agreements by the insurance conditions.
disadvantages
If the scope of the activities of the lawyer behind the assumptions upon order placement back ( because, for example a quick agreement can be reached with the counterparties or the legal situation is unique) , a Miss relation between the charges incurred and the costs can be given.
Due to the flat-rate and fixed payment that covers the entire activity in the matter , can not be flexible and react appropriately to changes , deviations or unexpected turns .
For legal protection assured in Germany clients a payment arrangement will often be excluded (which should be checked in each individual case by the policy conditions and clarified with the legal expenses insurance )
The remuneration package on a fee basis for the kautelarjuristische activity, such as contract drafting and review , the optimal interest and equitable agreement on settlement. For the representation of interests in the travel contract matters and aviation law matters other hand provides the compensation to after hours fee.
Initial Consultation
For a first assessment of the facts and the law , the initial consultation is optimal.
The cost of an initial consultation for business owners are not legally binding and can be freely negotiated. Except where otherwise agreed , the customary fee is payable. The cost of a two-hour consultation services , for example , the district court Jülich with EUR 595.00 at ( Jülich AG , judgment dated 28.10.2009 , Az : 9 C 271 /09).
The initial consultation costs for consumers generally not exceeding EUR 249,90 ( EUR 190,00 advisory fee plus a lump sum for expenses of EUR 20.00 plus 19 % VAT).
Billing acc. legal fees ( RVG)
The Lawyers' Remuneration Act ( RVG) looks set for certain activities of the lawyer (framework) before fees . The legal regime for the remuneration of lawyers based on value-based fees. To determine the remuneration of the individual fee rates shall be assigned to facts . These are the multipliers for the fee , the amount of which is determined by the value of the item or amount involved in the matter.
As already shows the explanation of the rules of the RVG are flat rate , opaque and inflexible. For legal protection insurance in Germany the compensation settlement after the RVG will often be the only way of reckoning , provided that the insured does not want to pay part of the costs yourself . For legal protection insurance from Switzerland, Austria , Luxembourg and France, the remuneration on an hourly fee basis in most cases is possible.
advantage
Are clients legal protection insurance in Germany , a cover letter by the insurer for any attorney attorney fees on RVG base will be possible frequently .
disadvantage
If the actual level of activity of the lawyer behind the assumptions upon order placement back ( because, for example a quick agreement can be reached with the counterparties or the legal situation is unique) , a Miss relation between the agreed remuneration and expenses can arise.
Flat-rate and fixed payment of fees offenses is set by law and unchangeable. Raises the activities of the lawyer a chargeable event of the RVG from this to reimburse fee - regardless of the time - in full ( for example, amount to legal costs ( business fee plus expenses fee plus 19 % VAT ) with an assumed value of the item of eight thousand euro alone the extra-judicial activities EUR 661.16 , regardless of the cost, so that already may apply the full amount for a 10 -minute phone call (as opposed to an hourly rate , the minute is billed at the and thus calculates only 10 minutes would ) ) .
The costs of the activities of the lawyer are not fully predictable in many cases when placing the order .
On changes , deviations or unexpected turns can not be flexibly responding.
If the chargeable event met, the full fee is charged regardless of the length of time or the level of activity (the full fee which means that the lawyer even if only simple duties of, for example , only 10 minutes receives ) as opposed to an hourly rate , which the minute only for incurred activities is calculated.
Billing on RVG basis is not justified in many cases the circumstances and wishes of the customers. For legal protection assured in Germany client billing on RVG base will often be the only way the commission to avoid any additional costs . The compensation on an hourly fee is the optimal and interest- based remuneration in the form of travel regulations and flight legal matters.
success fee
The Lawyers' Remuneration Act (RVG ) enables the - mostly from the Anglo-American law (in that contingency or conditional fee ) known - performance-based compensation in Germany since 2008 Until then, it was in Germany not permitted to make the remuneration of the lawyer from the process output dependent. .
Most customers are the high demands which links the legislature by the Rechtsanwaltsvergütungsgesetz to the individual's life situation and the economic conditions of the law-seeking person , do not fulfill ( cf. LG Berlin, judgment dated 02.12.2010 , Az : 10 O 238/10 ) . The intention of the federal legislature should " stay the agreement of contingency fees also prohibited future principle " (see the order of the Legal Committee of the German Parliament , Bundestag printed paper 16/8384 , page 14) . The lawyer , it is in these cases due to the legal requirements by the RVG therefore not possible to offer a performance fee and agreed. Although the principle of free pricing and Agreement ( see ECJ Case C-35/99 , Manuele Arduino ) holds. However, the proportion of agreement or dispute " pactum de quota litis " generally prohibited under client protection point of view.
The remuneration per hour fee will be of many matters optimal and interest- oriented alternative to the contingency fee .
Pro Bono work
In particular cases we offer for those seeking advice free legal advice . This applies in a particular case for non-profit organizations , charities and the needy , provided that the necessary conditions are met .
If you have any questions, please give us a call or send us an e- mail to : This email address is being protected from spambots. You need JavaScript enabled to view it.
. Your contact personally takes care of your concerns.
