Version: 24. März 2021
1 Description of Services
1.1 Chevalier Rechtsanwaltsgesellschaft mbH (hereinafter “Chevalier”) operates the portal blitzerberater.de. Chevalier provides the services listed below to users of the portal blitzerberater.de (hereinafter “users”) in accordance with these General Terms and Conditions (hereinafter “GTC”).
1.2 The services of Chevalier relate to specific administrative offence procedures in the field of traffic law, namely criminal and administrative offence traffic law, civil traffic law, and traffic administrative law.
1.3 The services of Chevalier include, among others, the following measures:
Providing technical infrastructure via the portal blitzerberater.de (hereinafter “portal”) for data exchange and communication between Chevalier and the user
Carrying out a free initial assessment for areas of traffic administrative offence and traffic criminal law
Offering to take on a mandate
2 Enquiry at blitzerberater.de and Obligations of the User
2.1 By submitting an enquiry on blitzerberater.de, the user makes an offer to conclude a contract to receive the services referred to in § 1 clause 1.3 from Chevalier. The confirmation of receipt sent by Chevalier and/or the request for further data/documents does not yet constitute acceptance of this offer. Chevalier accepts the order by reviewing the user’s data. Chevalier reserves the right to reject offers without giving reasons.
2.2 An enquiry at blitzerberater.de may only be made by persons with full legal capacity or by those acting with the consent of their legal representatives. In the case of minors and others with restricted legal capacity, a contract is only concluded with the consent of the authorised representative(s).
2.3 The user is obliged to provide all data requested in the online enquiry completely and accurately. Should the data provided change after the enquiry and before Chevalier makes contact, the user must immediately notify Chevalier by e-mail at info@blitzerberater.de. This particularly applies to address, telephone number, e-mail address, and legal expenses insurance details.
2.4 The user is further obliged to provide complete information on the facts of the case and the procedural status, as well as to send all official documents received so far in full, or at least provide complete details thereof, so that Chevalier is in a position to provide an initial assessment based on the current procedural status and to point out any ongoing deadlines.
3 Process
3.1 Chevalier carries out the free initial assessment and, if applicable, makes an offer to take on a mandate.
3.2 After receiving the documents, Chevalier will contact the user and provide a free initial assessment in cases involving traffic criminal and traffic administrative offence law. In matters other than the aforementioned traffic law cases, Chevalier may make the user an offer for a paid initial assessment or a paid mandate. Such a paid initial assessment will only be provided after the user has expressly agreed to Chevalier’s offer.
3.3. After providing the initial assessment, Chevalier will make the user an offer to take on the mandate. There is no entitlement for Chevalier to take on a mandate.
3.4 The user decides, in consultation with Chevalier, which further measures will be taken in the course of the proceedings.
3.5 Chevalier reserves the right to transmit the data and documents provided by the user, for example in accident matters, to faire-Regulierung Rechtsdienstleistungsgesellschaft mbH, Kohlenstraße 2, 04107 Leipzig. After receiving the documents, they will contact the user for further processing of the enquiry.
4 Costs for Services
4.1 In traffic administrative offence and traffic criminal cases, Chevalier provides a free initial assessment based on the data and documents provided by the user.
4.2 In matters other than those mentioned above, Chevalier provides a paid initial assessment after informing the user of the costs and obtaining their consent.
4.3 Further processing after a mandate has been granted is carried out by Chevalier for a fee. The paid work will not be carried out without the prior express consent of the user (granting of the mandate). Chevalier will inform the user of the costs involved in processing the mandate and the possibilities of covering the costs through an existing legal expenses insurance.
5 Duration of Contract / Termination
5.1 The contractual relationship ends when Chevalier has attempted to provide the user with an initial assessment or has unsuccessfully attempted to contact the user using the contact details provided.
5.2 Chevalier has the right to terminate if it becomes apparent that the user’s actual details are incorrect and/or incomplete in essential points (e.g., incorrect information about the person and/or the incident; incomplete submission of documents, incorrect contact details).
6 Liability
6.1 Chevalier accepts no liability for damages resulting from incorrect, incomplete, or non-existent data transmission from the user to Chevalier.
6.2 Chevalier does not guarantee action to meet deadlines for the user in ongoing administrative, judicial, or other legal proceedings as long as no mandate relationship exists. Until a mandate has been accepted by Chevalier, the user is responsible for ensuring deadlines are met by taking the necessary legal actions themselves.
6.3 Chevalier does not guarantee the proper operation, uninterrupted usability, or accessibility of the service at all times. In particular, Chevalier is not liable for disruptions in the quality of access to the service due to force majeure or events beyond its control. Furthermore, Chevalier is not liable for unauthorised access by third parties to users’ personal data (e.g., through unauthorised access by “hackers” to the database).
6.4 For damages not caused by the aforementioned reasons, Chevalier is liable only in cases of intent and gross negligence. In cases of slight negligence, Chevalier is liable only for damages resulting from injury to life, body, or health.
Otherwise, the following limited liability applies: in cases of slight negligence, Chevalier is liable only for breach of an essential contractual obligation, the fulfilment of which is necessary for proper performance of the contract and on whose observance the user regularly relies (cardinal obligation). Liability for slight negligence is limited to the foreseeable damages typical for the contract at the time of conclusion. This limitation of liability also applies in favour of Chevalier’s vicarious agents.
7 Data Protection
Information on the collection, processing, and transfer of personal data on the website blitzerberater.de can be found in the privacy policy.
8 Miscellaneous
8.1 All declarations made in connection with this contract must be in text form (e-mail, fax). The provision of § 305b BGB remains unaffected.
8.2 This contract is governed by the substantive law of the Federal Republic of Germany.
8.3 Should a provision of the contract or the GTC be or become invalid, or should the contract be incomplete, the remainder of the contract remains unaffected. Statutory provisions shall apply additionally.
8.4 The contract language is German.
8.5 The user may download the current GTC free of charge as a PDF file at any time.
8.6 As part of the contract conclusion process, there is no automatic storage of the contract text by Chevalier. The user is therefore advised to save the contract text valid at the time of conclusion, available on the website blitzerberater.de, on their hard drive or archive it in another way.
9 Changes to the General Terms and Conditions of Use
9.1 Changes to the terms of use are only effective with the user’s consent. The new terms will be sent to the user by e-mail at least one month before they take effect.
9.2 The new terms of use are deemed agreed if the user does not object to their validity within 14 days of receipt of the e-mail. The objection must be in text form. Chevalier will inform the user in the e-mail about the right to object, the deadline, and the consequences of inaction.