General terms and conditions

Fortis Inkasso GmbH & Co. KG (“Fortis”) is registered as a debt collection service provider pursuant to Section 10 (1) sentence 1 no. 1 RDG. Fortis provides debt collection services within the meaning of Section 2 (2) sentence 1 RDG, in particular the collection of third-party claims or of claims assigned for the purpose of collection for the account of a third party, including the legal examination and advice relating thereto. The range of services also includes the provision and use of the service portal as well as, insofar as separately commissioned and legally permissible, the preparation and implementation of further judicial and enforcement measures.

All services and offers of Fortis are provided exclusively on the basis of these General Terms and Conditions. These GTC apply to all present and future contractual relationships between Fortis and the client, in particular to the use of the service portal, to all claims that are submitted or transmitted to Fortis via the service portal or in any other way, to the collection orders placed thereby as well as to separately commissioned additional services.

These GTC apply vis-à-vis entrepreneurs within the meaning of Section 14 BGB, legal entities under public law and special funds under public law. Vis-à-vis consumers within the meaning of Section 13 BGB they apply only insofar as Fortis expressly offers services to consumers as well and mandatory consumer protection provisions do not conflict therewith.

Conflicting, deviating or supplementary terms and conditions of the client do not become part of the contract unless Fortis has expressly agreed to their validity in text form. Individual agreements between Fortis and the client take precedence over these GTC.

A “client” within the meaning of these GTC is any natural or legal person or partnership with legal capacity that uses the service portal, submits claims to Fortis or commissions Fortis with a collection service or an additional service.

Upon completion of the registration, the client receives an individual user account and access to the service portal of Fortis. By uploading, entering or otherwise transmitting debtor and claim data to Fortis, the client places a collection order in respect of all claims designated in the respective transmission. This applies irrespective of whether the transmission takes place via the service portal, by email, via an interface, by transmission of a file or in any other way. The mere completion of a general contact form without transmission of debtor and claim data does not establish a collection order.

Via the service portal, the client can submit claims and the associated invoice, claim and other documents, commission further measures and view the respective processing status. The mere registration and use of the service portal is not separately subject to a fee. Claims to remuneration by Fortis arise exclusively from the collection and additional orders placed in each case, in accordance with these GTC or an individual agreement.

Fortis is entitled to make access to the service portal or to individual functionalities dependent on the fulfilment of the duties to cooperate, the deposit of complete master data and the timely payment of due remuneration, costs, disbursements or advances.

Fortis provides the service portal in its respective current version within the scope of the technical and operational possibilities. There is no entitlement to uninterrupted availability at all times. Fortis is entitled to maintenance windows and technically necessary interruptions.

Access data must be kept secret and protected from access by third parties. Uses under proper use of the access data, in particular the submission of claims and the commissioning of further measures, are deemed, in the relationship between Fortis and the client, to have been initiated by the client, unless the client proves that no fault lies with them.

Fortis processes the claims submitted pursuant to Section 2 within the scope of the collection order placed in each case. All offers of Fortis are non-binding. Time specifications and performance periods are likewise non-binding unless their binding nature is expressly promised.

Without a separate additional order subject to remuneration, Fortis does not examine objections and defences against the claim transferred to it for collection.

The remuneration of Fortis is governed, insofar as legally applicable, by the provisions of the Legal Services Act (RDG) and the Act on the Remuneration of Lawyers (RVG). Statutory provisions apply to recoverability from the debtor, in particular Section 13e RDG; where a debt collection service provider and a lawyer are commissioned in combination, Section 13f RDG applies in addition. Insofar as Fortis asserts costs, fees, disbursements or ancillary claims against the debtor, this is done only to the extent legally permissible.

Third-party costs and disbursements, in particular court and bailiff costs, register enquiries, residents' registration office enquiries, detective agency and authority costs, service of documents, translations, international collection costs as well as costs of commissioned lawyers or partner law firms, are borne by the client insofar as these cannot be realised from the debtor or have been advanced by Fortis. Fortis is entitled to demand an appropriate advance or the immediate provision of the specifically requested amounts for incurred or prospectively incurring third-party costs and disbursements before carrying out the respective measure. Measures subject to costs, in particular dunning proceedings, credit agency enquiries and enforcement measures, can be commissioned separately in the service portal.

Fortis is entitled to take all measures conducive to the collection of the claim. Fortis may agree instalment payments and deferrals with debtors, accept payments and, insofar as legally permissible and expedient, conclude agreements and waivers regarding the principal claim, ancillary claims and costs.

If out-of-court collection efforts remain unsuccessful or if judicial pursuit appears expedient, Fortis initiates judicial dunning proceedings, applies for an enforcement order or pursues other judicial measures only on the basis of a separate order. Judicial measures are initiated only after provision of the requested court costs, disbursements and advances. The remuneration of Fortis for dunning proceedings, enforcement orders, compulsory enforcement and other judicial measures becomes due for payment vis-à-vis the client at the latest upon submission or application for the respective measure. In the event of an objection, appeal or contested proceedings, Fortis is entitled, subject to separate arrangement, to involve a lawyer or a partner law firm. The contractual relationship in this respect comes into existence directly between the client and the lawyer or the partner law firm, unless expressly agreed otherwise. In the service portal, the direct forwarding of the documents to the lawyer or the partner law firm can be authorised.

This Section 4 contains the remuneration agreement for the out-of-court debt collection services of Fortis.

For the out-of-court processing of a claim, the client owes remuneration exclusively in the event of success. Success exists as soon as payments, partial payments, set-offs, credits, settlement amounts, proceeds from securities or other economic realisations are made, in whole or in part, on the claim handed over or on ancillary claims. Direct payments by the debtor to the client are equivalent to success. Default interest asserted and realised by Fortis constitutes an additional success-based component of the remuneration.

In the event of success, the success-based remuneration of Fortis is measured according to the statutory remuneration due to a lawyer under the RVG for the specific out-of-court activity, including legally permissible disbursements and value added tax, insofar as this is incurred. The remuneration becomes due in each case only to the extent and as soon as economic realisations exist. Fortis is entitled to cover, set off and retain the due remuneration from incoming or realised amounts within the scope of the collective settlement pursuant to Section 6. Without success, no remuneration is incurred for the out-of-court collection activity.

Insofar as the debtor pays collection costs, disbursements or other ancillary claims attributable to the out-of-court activity to Fortis or to the client, these are credited against the remuneration claims of Fortis. Fortis is entitled to collect such amounts, to retain them or to set them off within the scope of the collective settlement.

The client hereby assigns to Fortis, insofar as legally permissible, all claims for reimbursement of the collection costs as well as all claims for payment of default interest arising from the claims submitted to Fortis; Fortis accepts the assignment. Insofar as default interest is realised, it accrues to Fortis as an additional success-based component of the remuneration and is not to be paid out to the client.

This remuneration agreement concerns exclusively the out-of-court collection activity. Court costs, bailiff costs, costs of judicial dunning proceedings, costs of an enforcement order, costs of compulsory enforcement, costs of commissioned lawyers or partner law firms as well as other third-party costs and disbursements are not covered by it and are to be borne separately by the client in accordance with these GTC or advanced upon request.

The agreement of the contingency fee is based in particular on the default and collection risk, the pre-financing and processing effort of Fortis, the uncertain recoverability of the costs from the debtor in the individual case as well as the client's interest in not owing any additional remuneration for unsuccessful out-of-court activities.

In the event of premature termination of the order before success occurs, no success-based remuneration is incurred for the out-of-court activity rendered up to that point. If, however, after termination of the order, payments or other economic realisations still occur on the basis of a payment, instalment payment or settlement agreement initiated or concluded by Fortis during the term of the contract, or on the basis of other measures initiated by Fortis, the success-based remuneration pursuant to the preceding paragraphs remains owed.

A contingency fee is not agreed insofar as the debt collection service relates to a claim that is not subject to attachment.

Note: Collection costs are recoverable from the debtor only up to the amount of the remuneration due to a lawyer under the RVG.

For the duration of the order, the claim may not be processed by the client either directly or indirectly. In particular, the client may not hand over the claim documents to a lawyer or to another debt collection company for the purpose of examination and assertion, either at the same time as or after placing the order. The client also ceases all its own collection efforts against the debtor. This applies otherwise only if an agreement to that effect has been made with Fortis.

The client undertakes to support Fortis in carrying out the order and, in particular, after placing the order, to refrain from any contact with the debtor regarding the disputed claim, that is, no longer to correspond or negotiate with them and not to initiate its own judicial steps, unless expressly agreed otherwise.

Incoming payments, partial payments, set-offs, credits, realisations of securities, instalment payment or settlement agreements as well as other occurrences affecting the realisation of the claim must be communicated to Fortis without delay. This also applies to direct payments by the debtor to the client. Such direct payments are deemed, in the relationship between the client and Fortis, to be an economic realisation and can be taken into account, settled and offset by Fortis within the scope of the collective settlement.

The client is liable to Fortis for the legal existence of the claim transferred for collection and for the consequences of incomplete or incorrect information. If, as a result of such incomplete or incorrect information, claims for damages by third parties are brought against Fortis, the client indemnifies Fortis against these claims.

Insofar as the debtor owes several claims, the discharge of the individual claims is governed first by an effective determination of discharge by the debtor and otherwise by the statutory provisions. Within the respective claim concerned, incoming payments are credited, insofar as legally permissible, first against costs, then against interest and lastly against the principal claim.

Fortis is entitled to maintain an internal client account for each client. All items arising from the contractual relationship are recorded therein on a consolidated basis, in particular remuneration claims of Fortis, advanced and requested third-party costs, court costs, bailiff costs, costs of commissioned lawyers or partner law firms, disbursements, claims for reimbursement of costs, default interest, portions of principal claims, credits, chargebacks and other balance items.

All payments, partial payments, credits, set-offs, settlement amounts, realisations of securities or other economic realisations received by Fortis or directly by the client from all claim matters of the same client processed by Fortis are first recorded in the client account.

Fortis is entitled, insofar as legally permissible, within the scope of a cross-case collective settlement, to set off all due claims existing against the client from all collection and additional orders — on whatever legal grounds and also from matters processed in parallel or at different times — against any payout claims of the client, or to exercise a right of retention until settlement. This includes in particular success-based remuneration claims, assigned default interest, advanced or requested third-party costs, court fees, costs of dunning proceedings, costs of compulsory enforcement, costs of commissioned lawyers or partner law firms, direct debit return costs and other disbursements.

Insofar as no mandatory statutory requirements, effective determinations of discharge by the debtor or prior rights of third parties conflict therewith, Fortis is entitled to carry out the accounting allocation and set-off of incoming payments to individual items of the client account at its reasonable discretion.

The respective collective settlement, individual settlement or other declaration of set-off in text form simultaneously constitutes a declaration of set-off. A payout claim of the client only arises to the extent and as soon as, after complete recording and set-off of all due claims of Fortis, a positive balance remains in favour of the client and no justified retentions on account of chargeback, reclaim, objection or clarification periods, ongoing third-party costs or other fee or cost risks exist any longer.

Insofar as amounts accrue to Fortis following assignment, set-off, offsetting or on the basis of a right of retention, these do not constitute third-party monies to be paid out to the client. In all other respects, third-party monies are treated in accordance with the statutory requirements. Third-party monies do not bear interest.

Depending on the means of payment used, Fortis may defer the settlement of a third-party money portion contained therein until the expiry of customary chargeback or objection periods.

A set-off by the client is permissible only with undisputed or legally established counterclaims.

Each collection order may be terminated by the client at any time in text form. In the event of termination or other ending, success-based remuneration due until then pursuant to Section 4 — including components of the remuneration becoming due later pursuant to Section 4 (8) — advanced or requested third-party costs, court costs, costs of judicial measures, costs of compulsory enforcement, costs of commissioned lawyers or partner law firms as well as other disbursements remain unaffected.

The termination or other ending requires text form (email is sufficient), unless a stricter form is mandatorily prescribed.

With regard to the enforcement documents, including the enforcement title, a right of retention exists until payment of the costs incurred and invoiced by the client.

Fortis is entitled to terminate the contractual relationship if, after placing the order, the client negotiates with the debtor or continues to proceed against them on its own authority without the consent of Fortis. If the client does not respond to enquiries from Fortis for longer than one month and after being requested twice, Fortis may terminate the order. Claims of Fortis that have already fallen due as well as advanced or requested costs and disbursements remain in existence in these cases.

Fortis and the client are mutually obliged to treat all information and documents obtained in connection with the performance of the order as strictly confidential. This also applies after termination.

Within the framework of the applicable data protection laws, Fortis is entitled to collect, process, use and store all necessary data. In particular, Fortis is entitled, in compliance with the data protection provisions, to obtain data from credit agencies (e.g. SCHUFA) and to submit reports to them insofar as this is necessary for the enforcement of the claim and within the statutory framework.

The law of the Federal Republic of Germany applies exclusively, to the exclusion of foreign law and international sales law. In the case of merchants, legal entities under public law or special funds under public law, the place of jurisdiction is Düsseldorf. The same place of jurisdiction applies if the client has no general place of jurisdiction in the Federal Republic of Germany at the time judicial proceedings are initiated.

Amendments and additions to these GTC require text form, unless a stricter form is prescribed by law.

Should a provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid or unenforceable provision, a provision that comes closest to the economic purpose is deemed to have been agreed. The same applies to gaps in the provisions.

As of: September 2026