General Terms and Condition

1. Definitions

„T&Cs" are these terms and conditions of Pension Refund GmbH for the use of the Services on the Webpage www.pension-refund.com

„Users" are individuals who have registered with PR on the Webpage.

“PENSION REFUND or “PR“ means PR Pension Refund GmbH, Bardelebenstraße 6, 40545 Düsseldorf, Amtsgericht Düsseldorf HRB 25042.

„Other services” is the possibility for the user to obtain and use further services of other providers cooperating with PR via the Webpage.

2. Scope of Validity

PR is a service provider who helps with administrative work and communication with the German Pension Insurance but does not provide any form of business-, legal-, pension-, tax-advice or service. PR will not claim for refund of contributions for itself, rather than estimating the amount of a claim for refund of contributions and helping the user collect the necessary data for a refund and transmitting the claim as a messenger.

The information contained on this website is for general information purposes and does not refer to the specific situation of an individual or a legal entity. They do not constitute any business, legal or tax advice. In individual cases, the present content can not replace individual advice by knowledgeable persons. No one may act on the basis of this information without appropriate professional advice and without thorough analysis of the situation. For decisions made by the user on the basis of the above information, PR takes no responsibility. In particular, the information offered on this website does not constitute a binding contractual offer on PR`s part. Unless otherwise expressly stated, users can not submit offers or place orders via this website.
Upon usage of the PR Website and services and by selecting the respective field, the User declares that it accepts the validity of these T&Cs. In case the User does not wish to be bound by these T&Cs, or cannot validly declare consent, it shall not be permitted to use the PR Webpage.

Users‘ own contractual or usage terms are explicitly not accepted.

PR reserves the right to change, supplement, delete or update the information, products or services offered on this website at any time without prior notice.

3. Services

The eligibility check is an estimation tool only. It should be used solely for the purpose that it is intended. All estimations provided by the PR eligibility check are an indicator of what the user may be entitled to based on the information inputted by the user. Final amounts due to the user will depend upon the information and data on actual documents submitted, the information made available and the decision of the Pension Refund Insurance.

With the eligibility check the user grants individual Data to PR to check if there is a possibility to refund money from the German Pension Insurance. After submitting the Data, PR creates an account for the user.

If the user wants to send his/her claim for refund of contributions from the Pension Refund Insurance, PR will help to collect and organize the necessary documents for the user with consent from the user by selecting the respective field. For this purpose, the user grants a Power of Attorney to take care of users pension matters including mail receiving and sending, digitally, in writing or verbally to a Person appointed by PR. This Power of Attorney includes access to and use of the online service of the user's online account with German Pension Refund.

As part of the process, the user also grants a Power of Attorney to PR, to their lawyer (sample Power of attorney) and its partners, to open an account in the user’s name and the user agrees that the full amount of the pension refund will be paid out to this account.

PR will send for the user his/her claim for refund of contributions with all the necessary documents as a messenger to the Pension Refund Insurance and after a consent from the user by selecting the respective field. The Fee for this service is 10% of the refunded amount. The user agrees to pay the fee for this service.

The user agrees that the trustee shall deduct the pension refund in the amount of the fee for PR and transfer pension refund reduced by the amount of the fee for PR to the communicated bank account of the user.

The user agrees to pay the fee for this service and agrees for this to be automatically deducted from any amount credited to the account opened in the user’s name before the remaining balance is converted and paid out in a currency of the user’s instruction.

PR expressly retains the right to block the User Account, be it entirely or temporarily, if this is justified by reasonable cause in connection with the security of the User Account, or if there is suspicion of an unauthorized or fraudulent use of the User Account. In such cases PR is obligated to inform the User regarding the blocking of the User Account while stating the causes relevant to the same, inasmuch as is legally permissible, and if possible prior to, but if not, without undue delay subsequently to such blocking.

The user will be contacted after the payment has been completed as a courtesy to ensure funds are received promptly.

4. Use of the PR Webpage

The use of the PR Webpage is conditioned upon the User registering with PR (“User Account”) by providing its first and family names, postal address, e-mail address and Pension Insurance Number. The PR Webpage may only be used via the respective, own, personal registration of the User.

To verify the user and to open a Bank Account by a Trustee, the user needs to upload a passport and verification of residence additionally.

To verify the user and to open an account in the user’s name, the user needs to upload a passport, or photo identification card and a proof of address document (bank statement or utility bill) dated within the past three month.

In addition to requesting documentation and information from the user, PR and its partners will complete additional checks to verify the identity of the user. These additional checks include but are not limited to sanctions check and checks of other available information sources. By applying to use the PR Service you consent to PR using any additional checks PR deems appropriate. All such checks will be conducted in accordance with PR`s Privacy Policy.

5. Further services

PR may change the service or add another service on the webpage www.pension-refund.com which the user accepts without a notice.

6. Payment for Services of PR

The User agrees that the refund will be paid on a Bank account of a trustee or the account created for the user. The Trustee shall transfer the refund deducted by the commission for PR to the bank account provided by the user within maximum 2 weeks after receiving the money. The transfer to the users bank account is usually made the same day, the money arrived and will arrive at the users bank account either the same or next business day (excluding bank holidays). The user agrees that he/she has no rights for the Interest, even if there is a delay of the payment.

Depending on the Amount being refunded, the usual method is by bank transfer. Pension refunds received by bank transfer can be transferred to the users account in any currency they choose.

7. Bank Charges

In the case of payment by bank transfer PR or the Trustee has no control over the fees charged locally by banks in cashing the refund. PR will not be liable for any changes in local bank charges, any currency exchange rates by the banks or any time period that the bank takes to transfer the refund to users bank account.

8. Prohibited Use, Responsibility for Content

The User is prohibited from using the PR Webpage in order to upload, save, transfer or distribute materials which are illegal, which pose a risk to minors, which denigrate others and/or are otherwise insulting or are in some other respect illicit. This encompasses the illegal distribution of contents which violate data protection law, intellectual property law, industrial patents law, ancillary copyright laws, personality rights and/or other third party rights.

The User of the PR Webpage is solely responsible for the contents transmitted by it as well as for the use of the PR Webpage. The User shall be held responsible for contents in relation to PR which were provided or made available by a third party or by another User and which were transmitted using its registration.

PR retains the right, but without any obligation, to examine User content as to whether it is in conformity with the permissible uses as set forth in these T&Cs. In case of a violation or the possibility of a violation, PR is entitled to block, modify or delete User content. Further, PR is entitled to block the User Account of the respective User entirely or partially with immediate effect. The exercise of other rights on the part of PR remains unaffected.

9. Usage Rights

PR grants to the User a simple, revocable, non-transferable and non-exclusive usage right for the usage of the PR Webpage, inasmuch as it is necessary for the use of the PR Webpage for estimation and Refund purposes in the context of these T&Cs. This usage right of the User is, however, limited to use for own purposes. A further commercial use or other exploitation of PR services or contents is not permissible.

The User is prohibited from duplicating the PR Webpage, be it entirely or partially, and from renting it or leasing it, or processing it or otherwise modifying it, or from sub-licensing it. The User is furthermore prohibited from decompiling, disassembling or reverse engineering (“Reverse Engineering“) the PR Webpage

10. Third Party IP Rights, Indemnification

The User shall indemnify PR against all claims, including damages claims, which other Users or other third parties claim against PR on account of a violation of their rights by the User on account of contents uploaded or generated by the User to the PR Webpage or on account of any other use of the PR Webpage by the User, in particular on account of a breach of the duties set forth under clause 9 of these T&Cs. User accepts all reasonable costs accruing to PR due to a violation of third party rights, including reasonable costs arising in the course of procuring a legal defense. All further rights and damages claims of PR shall remain unaffected.

If third parties claim against PR on account of its legal violation, User is obligated to comprehensively and immediately inform PR to the extent required for an evaluation and for raising a defense.

If the use of the PR Webpage by the User violates third party rights, User will immediately cease the use of the PR Webpage which is in violation of the contract and/or of statutes.

11. Availability

The User does not have a right to ongoing and uninterrupted availability of the PR Webpage. PR does, however, endeavor to ensure the greatest possible availability and to remedy interruptions as quickly as possible.

12. Liability

Although PR strive for the utmost care in the selection of the information offered, PR are not liable for their accuracy, timeliness and completeness. PR assumes no responsibility for the content of websites referenced by this website and which have been set up by third parties. For illegal, incorrect or incomplete contents as well as for damage resulting from the use or non-use of the information contained in the linked pages, liable alone their provider.

PR is not responsible for the refund of pension refund where:

· the user has provided information which is false, inaccurate, incorrect, insufficient or misleading in any way;

· the user has already received a refund;

· the user has already applied for a refund, either directly or through another person, natural or legal;

· the user owes money to German authorities.

· the German Pension Insurance has different information on its system than that provided by the user

· the German Pension Insurance information leads to a decision that the user is not due a refund. Where there is a possible case for appeal within the law, such measures will be taken by PR, where the user information enables it to do so. PR will endeavour to help the user resolve these issues, provided it receives all necessary information and instruction from the user.

PR reserves the right to reject applications that PR may reasonably believe, or suspect may intentionally or unintentionally violate any applicable local, State, Federal or international law.

13. Power of Attorney

When the user signs a Power of Attorney permitting PR to organise his/her refunds, he/she is agreeing to pay the fee PR for the organisation of the refund. If the user has signed a Power of Attorney authorising PR to organise his/her refunds, and has, with or without his or her knowledge, applied or authorised any other person, natural or legal, to organise the same refund, he/she will owe PR the fee for the organisation of a refund, notwithstanding that the user has obtained a refund otherwise than with the assistance of PR.

If the relevant Pension Refund Insurance sends the due refund to the user directly, rather than to the Trustee, the user still owes the processing fee in full to PR for the service rendered, which resulted in the issuing of the refund.

14. Instruction regarding § 210 German Social Code SGB VI

Before claiming for refund of contributions and by accepting these Terms and Conditions, the User confirms that he/she has read and accepted the following Instructions from the German Pension Insurance and wishes to pursue with his/her claim for the refund of German Pension contributions.

Claim for refund of contributions under § 210 of the sixth volume of the German Social Code (SGB VI)

Dear Ms. / Dear Mr.

You submitted a claim for refund of contributions. Prior to taking a decision on your claim, we herewith provide some important information to you. Since a refund of contributions is irreversible, please note the possible consequences of it and we herewith request you to advise us whether you wish to pursue with your claim nevertheless.
As soon as the contributions are refunded to you, the insurance agreement terminates. No more benefits can be paid based on the contributions which were refunded to you. If applicable, we recommend you to obtain exact information on your personal situation.

Insurance periods for which you have not paid any contributions yourself

Under the legal regulations you are only entitled to the refund of the contributions, which were at your expense. Shares of contributions paid by other persons or authorities (such as your employer) cannot be refunded.
If you did not pay your share of certain contributions, such as contributions for periods of child raising, unemployment, army or civilian service, these contributions are also forfeited and do not increase your entitlement to a refund of contributions.

Voluntary contributions or compulsory contributions from self-employment

Did you pay voluntary contributions or compulsory contributions from self-employment to the statutory German pension insurance? Please note that only half of them can be re-funded to you.

German insurance periods may be important regarding your pension claim in another country

Have you also paid contributions in countries, with which the Federal Republic of Germany is linked by supernational or bilateral social insurance legislation? Your German insurance periods may be relevant for a pension entitlement in such countries, if the periods completed there are not sufficient for meeting the qualifying conditions for a pension entitlement.
Following the refund of contributions no more insurance periods are left in your German pension insurance account. A totalisation with foreign insurance periods for meeting the qualifying conditions for a pension in another country is no longer possible.

You can also have a German pension entitlement if you live abroad

Even if you are not a German national and live outside the Federal Republic of Germany, you may also be entitled to a German pension, provided you fulfil the necessary qualifying conditions. You complete the minimum qualifying conditions for a pension and for instance would be entitled to a German retirement pension, as soon as you attain the regular retirement age. Please do not hesitate to ask us about your pension entitlement acquired under the present legislation. No more benefits from the German pension insurance are payable to you following a refund of contributions.

Future pension entitlement

Even if until the present date you have completed a German insurance period of less than 5 years, you may be entitled to a German pension, if you have completed or will complete further insurance periods in a country with which Germany is linked by supernational or bilateral regulations.
At present the respective regulations exist between Germany and the Member States of the European Union as well as with Albania, Australia, Bosnia-Herzegovina, Brasilia, Chile, India, Iceland, Israel, Japan, Canada / Quebec, Kosovo, Liechtenstein, South Korea, Morocco, Moldavia, Montenegro, North Macedonia, Norway, Philippines, Switzerland, Serbia, Turkey, Tunisia, Uruguay and the USA.

Further information

For further information regarding insurance periods, pension entitlement, agreements on social security please visit our website under www.deutsche-rentenversicherung.de. You may ask for the required information in seven foreign languages.

Further questions

If you have questions regarding the statutory German pension insurance or Social Security agreements, please do not hesitate to contact us. However, if you have questions on the pension insurance of other countries, we request you to contact the relevant insurance institutions of such countries.

The user confirms that he/she has red and understood the above instructions and consequences regarding § 210 German Social Code SGB VI and wants to continue with the pension refund process.

15. Data Protection

By agreeing to these Terms and Conditions, PR will ensure the personal information of the user is protected, as described in our Privacy Policy.

16. Applicable Law, Place of Jurisdiction

Any existing or future legal relationships shall be governed exclusively by German law and shall be the responsibility of the German courts only.

17. Information on Online Dispute Resolution

The EU Commission has created an internet platform for online dispute resolution (so called “ODR-Platform“). The ODR-Platform serves as a point of first contact for out of court dispute resolution vis-à-vis contractual obligations arising out of online purchase and sale agreements or online service agreements. You can access the ODR-Platform via the following link: ec.europa.eu/consumers/odr.

PR is neither willing nor obligated to participate in a dispute resolution proceeding before a consumer protection agency dispute resolution service.

18. Miscellaneous

A refund of pension contributions might be subject to income tax in most countries. So once the user receives the refund the user confirms that it is in his/her solely obligation to consult his/her local tax advisor.

19. Salvatory clause

If a determination of these T&Cs is invalid, unenforceable or has a gap, this shall not affect the validity of the remaining determinations. In place of the invalid determination or to fill in the gap, a regulation shall be deemed as being agreed upon which most closely approximates the economic intent of these terms and conditions.

2023/07/07