Legal protection order ivbf in the version of the decision of the general meeting from 01.07.2022
Preamble:
The “Interessenverband Verpflegung Beherbergung Freizeit e.V.” (IVBF), Am Sportforum 10, 04105 Leipzig (hereinafter referred to as ivbf) grants its members legal protection in legal matters related to their commercial activity as restaurateurs, operators of accommodation or leisure facilities in accordance with these legal protection regulations. The main purpose is to serve the overall objectives of the Association and to promote the enforcement of the interests of the members. The ivbf is not a legal protection insurance and does not replace such insurance. The assistance provided is a voluntary solidary support of all members for individuals or a group of members. Legal protection within the scope of these regulations shall be provided exclusively by ivbf’s lawyers and / or lawyers contracted by ivbf. The Legal Protection Rules may be amended at any time by resolution of the Presidium.
§ 1 General
The following memberships are possible with ivbf:
I. Membership ivbf
1. use of all member tools on the IVBF site:
- Forum/Chatroom for all members 24/7
- Legal Question Tool (Our contract lawyers will respond within 3 business days)
- Bulletin board
II. premium membership ivbf
1. use of all member tools on the IVBF site:
- Forum/Chatroom for all members 24/7
- Legal Question Tool (Our contract lawyers will respond within 3 business days)
- Bulletin board
2. warning safe imprint (examination by our contract lawyers)
3. cookie banner (with 15,000 page views – free quota)
4. legal support (free initial assessment via e-mail or 15-minute telephone call on how to proceed in the case of warning letters (active and passive), trademark applications, general legal advice, etc.). Questions about competition, copyright + trademark law, website + social media presence in general. legally compliant advertising by our contract lawyers)
5. special conditions for members with our contract attorneys in all cases mentioned under 4. in case of assignment
III. premium plus – membership ivbf
1. use of all member tools on the IVBF site:
- Forum/Chatroom for all members 24/7
- Legal Question Tool (Our contract lawyers will respond within 3 business days)
- Bulletin board
2. warning safe imprint (examination by our contract lawyers)
3. cookie banner (with 15,000 page views – free quota)
4. legal support (free initial assessment via e-mail or 15-minute telephone call on how to proceed in the case of warning letters (active and passive), trademark applications, general legal advice, etc.). Questions about competition, copyright + trademark law, website + social media presence in general. legally compliant advertising by our contract lawyers)
5. legal representation in case of a warning, also retroactive & in case of self-infliction. Judicial representation if there is a likelihood of success.
6. complete legal review of a website, flyer or menu. If the audit is successful: award of the “Legally Secure” association seal.
7. special conditions for members with our contract attorneys in all cases mentioned under 5. in case of assignment.
The legal protection provided by ivbf under these Legal Protection Rules shall be granted exclusively to Premium and Premium Plus members who have paid the fee due for the membership package booked. The legal protection relates to legal matters in connection with commercial activity within the industries concerned, applying the law of the Federal Republic of Germany in the German language.
§ 2 Subject of the legal protection
1. legal protection for consultation
Legal protection is granted as legal protection for advice on the points listed under § 1 and includes verbal or written legal information vis-à-vis the member, but no active action vis-à-vis third parties.
2. representation legal protection
Representation legal protection in the case of Premium Plus membership is provided out of court, even retroactively and in the case of self-infliction. Representation in court only takes place if there is a chance of success. Representation legal protection is granted exclusively at the request of the member and must be submitted separately for each stage of the proceedings. The application can be made informally to the ivbf. All documents required to assess the factual and legal situation must be truthfully and completely enclosed with the application. Representation legal protection is not granted if the legal defense does not have sufficient prospects of success according to the state of legislation and case law. A member of the Presidium appointed for this purpose shall decide on the granting of the right of representation (so-called approval) in accordance with § 3 and § 4. The Presidium member may also delegate approval authority to individual ivbf employees. The member shall be notified in text form of the decision to grant the right of representation.
The applicant may appeal against decisions in matters of the right of representation according to § 3 and § 4 within a period of 14 days after receipt of the decision to the Presidium, which shall decide thereon.
The authorization may be revoked if a stage of the proceedings has been lost due to the culpable conduct of the applicant (e.g. concealment of relevant circumstances, culpable failure to meet a deadline, late submission of procedural documents) or if the fee due for the membership package has not been paid at the time of termination of the legal dispute covered by the representation legal protection (by final decision or final settlement).
If representation legal protection is granted, the ivbf shall bear the costs of the member’s legal representation out of court and/or in court. The assumption of costs does not extend to the costs of the opposing counsel to be reimbursed to the opponent, if any, nor to any court costs incurred. The member has to bear these costs himself. Only the statutory fees are reimbursable. If, after the conclusion of the proceedings, the applicant has an enforceable claim for reimbursement of costs against the state treasury or against the opposing party, the applicant shall be obliged to reimburse the costs incurred by the ivbf.
3. process management
The member or the appointed lawyer is solely responsible for the conduct of the proceedings, e.g. for meeting deadlines, attending appointments or filing appeals. Continuation of a legal dispute in a higher instance is a new stage of the proceedings.
§ 3 Final provisions
The legal protection regulations in the present version come into force with the foundation of the association.