Article 1: Definitions
In these terms and conditions (the “T&C”), the defined terms below shall have the following meaning:
“Agreement”: an agreement between a Client and Recoupex GmbH or Recoupex and Partners S.L further in the text Recoupex that is reached after the acceptance of these T&C by the Client, which shall be considered finalized, when the Client has signed the Letter of Assignment.
Letter of Assignment (LOA): the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to Recoupex and which authorizes Recoupex or one of Recoupex partners to act on behalf of the Client. This document may be in many shapes and forms, including, but not limited to Power of Attorney.
“Claim”:
– any cargo claim against the carrier/shipping line for loss, damage and delay, consequential damages in relationship to issued Bill of Lading or legal action in tort for monetary compensation pursuant to International and National regulations.
-any debt collection.
“Client(s)”: person(s)/ business entity that has accepted these T&C and is legally entitled to enter into this agreement.
“Loss, delay, damage Compensation”: total amount of money paid by the Carrier/shipping line in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Client or Recoupex after the Client has accepted these T&C.
“Legal Action”: filing a Claim with a court or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
Administrative service and legal action fees
i) Recoupex does not charge any Service Fee unless your claim is successful. 20% to 50% administrative – service fee is deducted from the compensation you receive from the Carrier/shipping line or debtor. The applicable success fee is confirmed in the claim acknowledgment email Recoupex sends to the Client is final and considered accepted by the Client. Success fee will depend on the liable party and on the merits of the claim.
ii) The 15 % Legal Action Fee is only charged if Legal Action is necessary and will be deducted from your compensation payment in addition to the Service Fee.
iii) All fees and charges include applicable VAT, unless otherwise specified.
iv) Max compensation amount to Recouepex does not exceed 50% of the amount recovered.
Article 2: Agreement
When asking Recoupex to pursue the Client’s Claim, the Client automatically and simultaneously accepts these T&C.
An Agreement will only be concluded, if Recoupex accepts to pursue the Client’s Claim. Recoupex is entitled to refuse to pursue any Claim without reason. In case of a refusal, Recoupex will notify the Client without unreasonable delay.
If Recoupex accepts to pursue the Client’s Claim, the Client will be asked to sign the Letter of Assignment. When the Client has signed the Letter of Assignment, an Agreement has been made between Recoupex and the Client.
By entering into an Agreement with Recoupex, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.
The Client acknowledges that Recoupex only seeks Compensation for cargo loss, damage, delay and commercial debt collection. The Client agrees that Recoupex will not accept future reductions on freight rate and/or other services as Compensation and that such offer from carrier will be considered as refusal of payment.
The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the Carrier/ shipping line in the same matter.
After signing the Letter of Assignment, the Client may not engage any other party to pursue the Claim or assign the Claim to any other party.
Any existing engagements or assignments, if any, must be cancelled before signing the Letter of Assignment.
If the Client receives any direct payments or any other compensation from the Carrier/shipping line concerned after entering into the Agreement, the Client shall be obliged to advise Recoupex without delay.
Such payments shall be considered loss, damage Compensation.
After signing the Letter of Assignment, the Client shall be obliged to cease negotiations with the Carrier/shipping line concerned and direct any contact made by the Carrier to Recoupex in order to ensure that Recoupex achieves the best result possible.
Client waives all rights and claims against Recoupex for the quality of the service rendered.
The Agreement terminates:
i) when cargo loss, damage, commercial debt collection Compensation has been accepted by Recoupex, paid to Recoupex by the Carrier/ shipping line / liable party / debtor and the agreed part of the Compensation has been transferred to the Client after deduction of all applicable fees, or
ii) when Recoupex has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
Article 3: Description of Services
Recoupex asserts the Client’s Claim for Compensation from the Carrier/shipping line / debtor on the basis of International Conventions, National law, contractual terms applicable to the particular consignment of goods and available evidences.
Claim data and information may be submitted to Recoupex via platform or email.
To pursue the Claim successfully, Recoupex needs the Client’s signed Letter of Assignment. On receiving a Client’s signed Letter of Assignment, Recoupex prepares claim compensation request and sends it to the Carrier/Shipping Line / debtor without unreasonable delay and handles all further correspondence.
If the Carrier/Shipping Line / debtor fail to pay Compensation within a reasonable period and provided the case may be asserted with adequate certainty, Recoupex may initiate Legal Action to pursue the Claim. If Legal Action is undertaken, the Legal Action Fee applies to cover the additional costs of Legal Action.
If a contracted legal representative is used for Legal Action, the Client will allow Recoupex to grant the contracted legal representative access to all the data communicated to Recoupex and allow the legal representative to transfer information concerning the proceedings to Recoupex. Where a separate Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents.
If the contracted legal representative concludes that there are insufficient prospects of success, the Client will be advised about this and Recoupex will take no further action.
If Recoupex or the contracted legal representative institutes legal proceedings to pursue a Claim, Recoupex will cover court fees. In the event the lawsuit is won, or a settlement has been reached between the Shipping line/Carrier and Recoupex, Recoupex will cover any costs incurred that are not covered by the liable party / debtor.
The Client acknowledges that it is the sole decision of Recoupex to accept any settlement offer, since the Client has assigned the Claim to Recoupex.
In case Recoupex acts on behalf of the Client pursuant to an Authority Document, the Client authorizes Recoupex to negotiate, accept or reject settlement offers based on Recoupex experience with the Carrier/Shipping Line and the advice from external legal representatives.
Article 4: Fees and Payments
Recoupex pursues the Claim free of charge. If Recoupex is successful in collecting Compensation, Recoupex will transfer the agreed part of the Compensation to the Client, subject only to fees and bank transfer costs that may apply.
If the Client has provided wrong or insufficient information needed to pay the Compensation and it is returned to Recoupex, Recoupex is entitled to deduct all external cost imposed upon Recoupex plus a Change Fee to cover internal cost, for each incident. If the Client, after several reminders and reasonable endeavors from Recoupex to contact the Client by other means than the email provided by the Client to Recoupex does not respond to correct or provide information needed to pay the agreed part of the Compensation, Recoupex shall be entitled to keep the part of the Compensation that otherwise should have been transferred to the Client.
When Recoupex has paid the agreed Compensation pursuant to the instruction of and method selected by the Client, Recoupex shall not be liable for:
any effect of the Client giving incorrect bank account information, incorrect address or similar, including, but not limited to, the Compensation being paid to the incorrect receiver. If Compensation at the
fault of the Client has been paid to an incorrect receiver, Recoupex shall not be obligated to actively reclaim it.
No invoices related to the services delivered and fees charged will be provided as default, but an electronic invoice can be requested and sent by email.
Recoupex shall not be liable for any amount of compensation, damages or similar, if Recoupex is prevented to transfer the payment to the Client by an event beyond reasonable control, including without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
Customers from Insurance Companies & Other Corporate Agreements If you have entered into an Agreement with Insurance Company or another corporate agreement, the fee structure, pay-out options and similar could be different depending on the specific level of services provided and individual terms agreed upon. Specific agreement clauses prevail over this agreement.
Article 5: Data Protection
We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances Recoupex will only use the personal data provided by the Client for the purpose of pursuing the Claim in accordance with the Agreement and with respect of all applicable privacy and data protection laws. Recoupex will only transfer personal data to third parties under the conditions as listed below:
i) if it is for a purpose directly related to the original purpose for which the personal data was collected;
ii) if it is necessary for the preparation, negotiation and fulfilling of a contract with the Client;
iii) if it is required due to legal obligation, administrative or court order;
iv) if it is required for the establishment or protection of legal claims or in defense of court actions;
v) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
Article 6: Data and information from the Client On request by Recoupex the Client will provide Recoupex with all data or information that is required for the execution of the Agreement.
The Client warrants that the data and information provided is correct, complete and true.
The Client agrees to fully indemnify Recoupex in all respects for all third party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
In case of incorrect data/information and fraudulent conduct, Recoupex reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Article 7: Right of withdrawal
Client can withdraw acceptance of Agreement within 7 days from the conclusion of the Agreement without the need to specify any reasons. To exercise right to withdrawal, the withdrawal must be emailed within the 7- day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Client also agrees to pay to Recoupex 1000 EUR administrative fee for withdrawal of the case up to 20 000 EUR claim and 5000 EUR for withdrawal of the case above 20 000 EUR. Due to the nature of the service provided, Client cannot withdraw from our Agreement, if Recoupex have informed you that the Carrier/ shipping line/debtor has accepted the Claim, as Recoupex in such event have completed the service Client requested. The withdrawal notice must be sent to: e-mail: info@recoupex.com
Article 8: Final Provisions
Recoupex is authorized to alter these T&C to set forth additional conditions at any time and without notice. Changes apply to all new claims submitted after the day current version of T&C was signed.
Should any provision of these T&C be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Recoupex to third parties.
The English version of these T&C shall prevail in case of inconsistency to any other language version.
For Recoupex, 2nd February 2023
Recoupex GmbH, Admiralitätstraße 59, 20459 Hamburg, Germany and Recoupex and Partner S.L. Calle Boga 9/17, Alicante 03540 Spain.
Tel. +41 766 82 82 03, email info@recoupex.com