General Terms and Conditions (“GTC”)
This English General Terms and Conditions are binding in all respects.
Who is X-patrio?
- Expatrio Global Services GmbH (hereafter referred to as “X-patrio“) is the operator of the Services accessible via www.x-patrio.com and other contact channels
- X-patrio’s address is: Gabriel-Max-Straße 14, D-10245 Berlin
- provides information related to the stay in Germany and helps expatriates digitally with the organization and performance of relocating to Germany,
- is registered in the trade register at the District Court Charlottenburg, HRB 189471 B (trade registry number),
- is an insurance broker company pursuant to § 34d section 1, Commercial Code, in the insurance industry, registered at the Chamber of Commerce and Industry of Berlin) under the broker registration number D-IOJC-EBSW8-35,
- provides its services free of charge if not mentioned differently.
2 GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (“GTC” or the “Policy”) shall govern the relationship between you, the contractual partner (“You” or the „User“) of X-patrio for using the X-patrio online presence (“Website” and other services as well as any form of communication (telephone, e-mail, WhatsApp, WeChat, Skype, Facebook messenger, Chat, Fax, etc.). Upon using the X-patrio services, these GTC shall apply.
2.1 AREA OF APPLICABILITY
These GTC shall also apply for all future servitude and business relations between you and X-patrio, unless other General Terms and Conditions have been explicitly agreed upon in the interim. When using X-patrio, you are deemed to have read, understood and given your consent to the terms of this Policy. Furthermore, when using X-patrio you may be using trusted third party service providers simultaneously (such as network, mobile communication providers, etc.). The use of these third party service providers is subject to their respective General Terms and Conditions as well as Data Privacy Policies. In addition, X-patrio governs Special Terms and Conditions („STC“) for dedicated services that are explicitly marked as such. If you use services with STC, those STC shall apply in addition to these GTC.
2.2.1 Company Information
X-patrio is operated by Expatrio Global Services GmbH HRB 189471 B. The address and contact information are available above in 1 Preamble of these GTC, the LEGAL NOTICE and the BROKER INFORMATION. X-patrio is registered with the IHK as an insurance brokerage company with the registration number D-IOJC-EBSW8-35, publicly accessible at www.vermittlerregister.info. For the purposes of informing the User about the legal status of X-patrio concerning insurance brokerage, the User is deemed to have read, understood and given consent to the Broker Information as outlined in 3.4.2.
2.2.2 Service description
Translation from the official information as stated in the commercial register:
“X-patrio is operating an internet platform to perform global information - and consulting services for foreigners concerning the entry and relocation to Germany including mediation for bank- and blocked accounts, mobile phone- and internet contracts.
Furthermore X-patrio will perform insurance brokerage services according to §34d Abs. 1 GewO, especially health- and property insurances.
X-patrio does not perform services that require a permission according to §32 Banking Act (KWG).”
2.3 AMENDMENT OF THESE GTC
These GTC shall be valid in its current versions upon using X-patrio’s services. You shall agree to these GTC for the duration you are using X-patrio. You may access a current version of these GTC at any time on the X-patrio Website www.x-patrio.com/GTC. X-patrio is entitled to amend these GTC at any time. In the event the GTC are amended, you will be notified in writing, via e-mall or in another suitable manner. If you do not agree to the amendments, you may terminate the underlying user and business agreement with X-patrio anytime. If you continue to use X-patrio upon effectiveness of the GTC amendment, the GTC shall be considered agreed upon and binding. Deviation and/or supplementary provisions require the explicit written consent by an X-patrio managing director. If you violate the provisions outlined in these GTC, your right to use X-patrio shall expire automatically.
2.4.1 REGISTRATION, USE AND DELETION
2.4.2 BROKER INFORMATION
In accordance with § 11 section 1, Insurance Brokerage Act, X-patrio must provide Broker Information upon first contact (“Erstinformation”). This information provision has been legally mandated since 2007 and its demonstrates our insurance brokerage activity. In addition, all contact data of ombudspersons shall be disclosed. The aforementioned are also responsible for representing your interests in the event of disputes. This broker information is accessible and can be downloaded at www.x-patrio.com/broker-information.
2.4.3 YOUR OBLIGATIONS
Only natural persons may use X-patrio. The aforementioned may also represent private companies or legal entities. You are obligated to state the information requested accurately and in a truthful manner, as well as update this information in the event that changes occur (e.g. visa status, address, telephone number, e-mail address, etc.). If X-patrio should suspect incorrect or incomplete information, it may block the use or terminate your access at any time. An entitlement to a user account or the use of X-patrio does not exist.
You agree to use X-patrio, the services offered herein, as well as the software used by X-patrio only for the appropriate purpose. X-patrio enables you to use the services provided by X-patrio. You may not change, process, license, link with other software, integrate in your own services or otherwise utilize X-patrio without seeking prior written consent of X-patrio’s Managing Director(s), or use for illegal or immoral purposes, the services offered herein and the software used by X-patrio (or parts thereof).
You are responsible for the safekeeping of your data (login, password, etc.) and you must keep this data confidential. X-patrio considers each act executed requiring the disclosure of your access data as an act performed by you. If you suspect misappropriation you must notify X-patrio at [email protected] immediately.
2.4.4 RIGHTS X-PATRIO RESERVED BY X-PATRIO
X-patrio may perform updates without prior notification at any time. X-patrio is entitled to discontinue and/or change X-patrio as well as other corresponding services. All contents featured on X-patrio, such as texts graphics, logos, images etc. are protected by the intangible property copyrights of X-patrio or third parties whose use is licensed by X-patrio. The user agreement with X-patrio and/or the use of X-patrio does not represent an entitlement to its rights. X-patrio is entitled to revoke your right to use X-patrio at any time and without stating a reason.
2.4.5 BROKERAGE ACTIVITIES
X-patrio only enters into contracts with insurance companies for you, or on your behalf upon your consent. As a result, you are entering the contract directly with the insurance company selected. If you want to request new insurance coverage through X-patrio, X-patrio shall obtain offers from one or more insurance carriers based on the data and information provided, and forward these offers to you. X-patrio provides the technical means for entering the contract. The contract is always executed between the insurance company and the insurance holder.
X-patrio may offers you to sign contracts with product partners e.g. insurance companies, as well as other documents by digital e-signature on X-patrio’s Website. You sign on the touchscreen of your device with your finger or an appropriate pen (stylus), or on the Website with the appropriate mouse function (or a stylus). This signature will then be placed at the appropriate place on the document to be signed. You agree and acknowledge that this signature method is equal to the written form pursuant to BGB § 126 (German Civil Code) within the scope of using X-patrio. If any product partner requires a physical signature, we will send you a printed document via e-mail or to the address in your account. In this case you are obliged to print out the document and send it back to X-patrio as a scanned copy.
2.4.7 COMMUNICATION METHODS AND RECORDING CONSENT
Generally, all communication through X-patrio takes place electronically (e.g. via messaging, e-mail, etc.). You agree and acknowledge that this communication method is equal to the written form pursuant to BGB § 126 (German Civil Code) within the scope of using X-patrio.
You hereby grant X-patrio permission to record and store your activities as well as telephone conversations in X-patrio. If you do not agree, please notify X-patrio. The address and contact information is available in the Legal Notice and Broker Information. However, in this event, X-patrio will not be able to provide the (full) services offered by the company.
2.4.8 PRIVACY ACT AND DATA SECURITY
The regulations regarding the privacy act and data security are available in the GDPP and applicable Special Data Privacy Policies (“SDPP”) for dedicated services that are explicitly marked as such. In an effort to transfer the data as securely as possible, X-patrio encrypts the data using TLS 1.2 or a later version (Transport Layer Security). This type of encrypted data transfer applies especially to all personal data.
2.5 COST AND COMPENSATION
Your use of X-patrio is free of charge, if not mentioned explicitly different. Depending on how you access X-patrio, you may incur third party connectivity costs (i.e. costs imposed by an internet provider or telecom provider for internet use, roaming, etc.). You are responsible for covering these costs. X-patrio is financed by the fees imposed on product partners for the administration, management and brokering of contracts, e.g. insurance policies (customary brokerage fees and commissions).
2.6 LIMITATION OF LIABILITY
In the event of negligent violation of contractual obligations resulting from these GTC, the liability of X-patrio is limited to the amount mandated by the lawmakers within the framework of mandatory insurance for insurance brokers based on § 34d section 2, Commercial Code, in cohesion with § 9, Insurance Broker Act. X-patrio agrees to maintain mandatory liability insurance for insurance brokers for the duration of its activities. You may want to view further information in the Broker Information.
Please be advised that the coverage amount and annual total included in the mandatory insurance is subject to adjustment every 5 years pursuant to the European consumer price index (EVP), and acknowledge the amount respectively valid mandatory insurance sum as the liability limit. If, in exceptional cases, a higher risk of damages exists in your opinion, please notify X-patrio. X-patrio will then attempt to achieve the desired increase. You must take responsibility for covering the expenses resulting from obtaining the increased amount.
Entitlements to damage claims resulting from these GTC, due to negligent obligation violations, are subject to a statute of limitation of three years. The statute of limitation becomes effective at the time you have become aware of the damages and the claimant, or if you should have been aware of the circumstance in absence of gross negligence.
Damage claims resulting from intent or gross negligence, or from injury to life, body or health are not subject to limitations of liability or shorter statutes of limitation, in these cases the statutory regulations shall apply exclusively.
X-patrio is only liable for deficiencies or errors on the X-patrio internet-platform if these deficiencies or errors have been maliciously concealed. X-patrio is not liable for interruptions beyond its scope of control. This includes for example:
- overly exhausted lines or
- failure of telecommunication connections.
X-patrio strives to make X-patrio accessible to you in the best possible manner. However, X-patrio cannot guarantee that you are able to access X-patrio at all times. X-patrio is not liable for any failures or disruptions due to technical reasons (such as faulty hardware, software, maintenance, etc.), or for circumstances beyond the control of X-patrio (such as higher powers, third party intervention, etc.).
X-patrio attempts to provide updated and accurate information, but does not provide an explicit or implicated guarantee or promise with regard to accurate, correct, reliable or complete information.
X-patrio does not guarantee or accept liability for contents offered by third parties, which are accessible on X-patrio (e.g. links to other websites). With regard to the relationship between X-patrio and you, insurance carriers are considered third parties as well. Therefore X-patrio shall not be liable for, or guarantee the information provided by insurance carriers and made available/accessible through X-patrio.
Our limited liability outlined here also applies to:
- our employees and sub-contractors and
- other third parties assisting us in fulfilling our obligations.
Please be advised that all information made available by X-partrio does not constitute (legal or tax) advice but is only aiming to facilitate independent user decisions.
2.7 CONSENT TO CONTRACT TRANSFER
All rights and obligations outlined in this contract shall be assumed by potential legal successors or entities purchasing X-patrio. This applies especially to the broker authorization and the customer’s consent with regard to his data.
If support services for the brokered or supported customer contracts are sold or transferred to another company, the customer will be notified in advance and in writing. If the customer does not declare his intent to terminate this contract within 3 weeks upon receipt of the memorandum it is considered consent to the transfer. The customer is to be advised of his right to terminate in the message.
2.8 FINAL PROVISIONS
If certain provisions in these GTC should be (or become) invalid in part or entirely, for any reason, the validity of the remaining provisions in these GTC shall not be affected. This also applies for the absence of provisions in these GTC.
Existing contracts shall also remain unaffected. X-patrio will replace the invalid or ineffective provision with a valid provision that meets the intent of the previous invalid provision.
If X-patrio enters supplemental agreements deviating from these GTC’s, these agreements must be documented in writing for validity. Otherwise the new provisions shall not be valid. This also applies to the written form clause as well.
We reserve the right to impose biased changes under the following circumstances:
- if the laws change
- if the conditions on the base market change
We will send you the amended paragraphs or GTC in text form before the validity status becomes effective. We will advise you of the new paragraphs, as well as the planned date of effectiveness. The Law of the federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods, as well any international conflict rule shall be excluded as well as the conflict rules of the German international private law (Introductory Act to the German Civil Code "Einführungsgesetz zum Bürgerlichen Gesetzbuch", EGBGB).
Berlin shall be agreed upon as the exclusive legal venue for all legal disputes resulting from this contract. If other provisions are legally mandated, X-patrio shall oblige.
3 WITHDRAWAL FROM THE CONTRACT
3.1 Right of withdrawal
You have the right to withdraw from contracts you conclude with X-patrio or one of our partners if not stated differently within fourteen days without giving a reason. The withdrawal period is fourteen days from the date of contract.
To exercise your right, you have to let us, Expatrio Global Services, Gabriel-Max-Straße 14, D-10245 Berlin, e-mail: [email protected], by way of an unambiguous statement (e.g. a letter sent by mail or e-mail) know about your decision to withdraw from this contract. You can use the withdrawal template in Annex I, however it is not mandatory to use this exact template.
The withdrawal deadline shall be met, if you send your statement, exercising the withdrawal right, before the end of the withdrawal period.
3.2 Effects of the withdrawal
In the case of an effective cancellation the mutually received benefits are to be returned immediately.
4 CHANGES TO THE POLICY
We keep our GTC under regular review and hence X-patrio reserves the right to change this Policy. If X-patrio changes this Policy, you will find the changes and the current version of the GTC on our Website. This GTC are the 1st version and was last updated on the September 12th, 2017:
(If you want to cancel the contract, please fill out this form and send it back)
To: Expatrio Global Services GmbH, Gabriel-Max-Straße 14, 10245 Berlin:
Hereby do I/we withdraw from the contract entered into for the purchase of the following products (*) / provision of the following services (*)
- Ordered on (*)/ received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only if submitted in paper form)
(*) Delete as applicable.