Definitions

In this document the following definitions apply:

EU Flight Claims:
the limited company EU Flight Claims;

Claim:
the claim with the Airline on behalf of the Client, i.e. the air passenger, as a result of a denied boarding, cancellation or delay of a flight;

Airline:
the airline that operated the delayed or cancelled flight or was scheduled to operate the flight;

Client:
the person who instructs us, also the air passenger who holds a Claim against the Airline;

Agreement:
the Agreement between the Client and EU Flight Claims on the basis of which the Client will authorise and/or mandate EU Flight Claims to collect the Claim, which is entered into when submitting the Claim by completion of the claim form on one of the EU Flight Claims websites;

Right of withdrawal:
the right to withdraw your acceptance of the Agreement within the cancellation period;

As a consumer, pursuant to EU-consumer regulations i.e. a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal;

Extralegal Process:
the composing and sending of letters (of default) as EU Flight Claims sees fit or the collection of the Claim in any other way, including (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline;

Debt Collection Process:
All activities undertaken by EU Flight Claims after (where applicable) the submitting of the Claim with the Airline, the sending of a reminder to the Airline and the sending of letters to the Airline after the enforcement authority’s decision, but before the initiation of a Legal Process, including the composing and sending of letters of default, letters before (court) action and debt collection letters by EU Flight Claims;

Legal Process:
the legal proceedings initiated for the Claim by and/or on behalf of EU Flight Claims, on their own account or that of the Client, including (but not limited to) the composing of a legal summons and/or the initiation of legal proceedings against the Airline, (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline.

General

  1. These terms and conditions are applicable to all agreements reached and entered into between EU Flight Claims and the Client.
  2. EU Flight Claims offers several services that aim to assist in the claiming of the compensation in the event of a delay, cancellation, overbooking or denied boarding based on Regulation (EC) 261/2004.
  3. If EU Flight Claims decides to accept/process the Claim, it will make reasonable steps to collect the Claim from the Airline.
  4. EU Flight Claims will process the Client’s (personal) data with care. The Client hereby gives EU Flight Claims permission for the processing of the personal data supplied by the Client, and for the use thereof in the context of EU Flight Claims’s usual operational management.
  5. The Client gives permission to EU Flight Claims to provide personal data to legal partners when necessary. The Terms and Conditions are also applicable to EU Flight Claims’s legal partners and their actions.
  6. The Client will be advised of the chances of successful collection of the Claim where possible. This advice by EU Flight Claims will be given on a provisional basis; no rights can be derived from this advice. EU Flight Claims will not provide any guarantees about the Claim’s success or outcome.
  7. In addition to by email, EU Flight Claims may also notify the Client of updates and news about the Claim and the collection by means of notifications on the ‘Timeline’ and messages under ‘Support’.
  8. EU Flight Claims will notify the Client of each update or new message regarding the Claim via an email notification. EU Flight Claims cannot be held accountable for any of the results of the Client’s failure to (regularly) read notifications and messages placed in the Client’s Account and where an email notification has been sent by EU Flight Claims.
  9. EU Flight Claims will always be entitled to not accept the Claim for processing with providing reasons and/or to cease the collection of the Claim at any moment it sees fit, regardless of whether this occurs during the Extralegal Process or the Legal Process.
  10. EU Flight Claims will not be obligated to provide any further effort or service relating to the Claim from that moment on. The Client may terminate the Agreement at any moment it sees fit with providing reasons for the termination. The Client will then be held responsible for reimbursement of the expenses incurred as specified in article 43 of these Terms and Conditions.
  11. This Agreement will be effective until the Claim is explicitly closed by EU Flight Claims in writing, the Claim is successfully collected, or the Agreement is prematurely terminated by the Client. In the event the Client terminates the Agreement prematurely, the terms under section 44 will apply.

Right to withdrawal

12. The Client may cancel the Agreement with EU Flight Claims within 14 days without the need to specify any reason(s) for the cancellation. EU Flight Claims may request the client to specify the reason(s) for the cancellation, but may under no circumstance force the Client to inform EU Flight Claims of the reason(s)

13. The period mentioned in section 12 starts on the day the Agreement was entered into by the Client and EU Flight Claims.

14. If the Client exercises the right to withdrawal, EU Flight Claims must be unambiguously notified within the period mentioned in section 12. The burden of proof as to whether and when the right to withdrawal was properly exercised shall rest with the Client.

15. EU Flight Claims will offer the Client the possibility to renounce the right to withdrawal. If the Client renounces the right to withdrawal EU Flight Claims will immediately commence it’s activities for the collection of the Claim and the Client will no longer be able to exercise the right to withdrawal.

Extralegal Process

16. The Client authorises and/or mandates EU Flight Claims to collect the Claim in the Extralegal Process, and to do all that EU Flight Claims deems to be useful for the collection of the Claim. The authorisation and/or mandate will be issued to EU Flight Claims in a separate agreement.

17. In the event (a part of) the Claim is collected, the Client with a No win, no fee Account will always owe EU Flight Claims a portion of 25% of the total amount collected.

Debt Collection Process

18. The decision of whether a Debt Collection Process will be initiated to collect the Claim will be at the discretion of EU Flight Claims. The decision to start a Debt Collection Process will be made by EU Flight Claims based on the documentation (made) available to EU Flight Claims and the information about the cause of the delay, cancellation, overbooking or denied boarding (made) available to EU Flight Claims. EU Flight Claims is permitted to refrain from initiating a Debt Collection Process if it believes it not to be expedient for any reason.

Legal Process

19. The decision of whether a Legal Process will be initiated to collect the Claim will be at the discretion of EU Flight Claims. The decision to start a Legal Process will be made by EU Flight Claims based on the documentation (made) available to EU Flight Claims and the information about the cause of the delay, cancellation, overbooking or denied boarding (made) available to EU Flight Claims. EU Flight Claims is permitted to refrain from initiating a Legal Process if it believes it not to be expedient for any reason. For the initiation of a Legal Process by EU Flight Claims (whether or not as a party to the proceedings), the Client will be required to give a separate mandate to EU Flight Claims in which the Client agrees to initiation of the Legal Process.

20. In the event EU Flight Claims decides to initiate a Legal Process, the Client mandates EU Flight Claims to proceed to initiate legal proceedings as it sees fit (on EU Flight Claims’s own behalf and at its own risk) in order to collect the Claim, by, including but not limited to, the following means: legal proceedings, an amicable settlement or enforceable measures.

21. In the case EU Flight Claims or a subsidiary of EU Flight Claims is not permitted to initiate legal proceedings in the country where the airline’s head or branch office is located, these legal proceedings may if possible be initiated or carried out by a legal partner in the country in question (if needed by sub delegation through the power of attorney from the Client to EU Flight Claims).

21. The Client is permitted to withdraw the instructions to initiate legal proceedings at any time. In that event, any legal expenses incurred will be charged to the Client in addition to the expenses mentioned in section 44. This also applies to instructions given to EU Flight Claims’s legal partners.

Rates and payment

22. In the case of a No win no fee Account, no upfront fee is charged for EU Flight Claims’s services.

23. All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of EU Flight Claims’s efforts and activities, regardless of whether the funds were collected (partly) due to the Client’s efforts and activities. EU Flight Claims will always be entitled to 25% of the claimed total with regard to funds received from the Airline.

24. Payments made directly to the Client by the Airline must be reported to EU Flight Claims immediately and no later than 14 days from the date the payment is received by the Client. In case of failure to comply with this rule, any expenses incurred for the collection of the funds owed to EU Flight Claims by the Client will be charged to the Client.

25. In the event any form of compensation other than monetary including but not limited to vouchers and Air Miles is offered by the Airline after the Extralegal Process has commenced but before the Legal Process commences as settlement of (part of) the Claim, the Client will be permitted to accept this if written consent is given by EU Flight Claims. If the value of the vouchers offered is lower than that of the Claim, the Client will be bound to pay 25% of the total value of the vouchers to EU Flight Claims. If the value of the vouchers offered is higher than that of the Claim, the Client will be bound to pay no more than 25% of the total value of the vouchers to EU Flight Claims.

26. In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Process, the Client will be bound to pay EU Flight Claims 25% of the Claim amount. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with EU Flight Claims.

27. In case the Claim is (partly) collected, the Client will owe EU Flight Claims 25% of the  claimed total with regard to funds received from the Airline. In the event this amount is transferred directly to the Client’s bank account by the Airline, EU Flight Claims will charge 25% of the total amount collected to the Client.

28. The Legal Process will be processed by EU Flight Claims as it sees fit based on ‘no win, no fee’. No expenses will be charged if no form of compensation is collected from the Airline, unless section 44 of these Terms and Conditions applies.

29. All costs, expenses and charges, including legal interest, allowed by the courts that do not fall under the capital sum will go to EU Flight Claims, unless otherwise agreed in writing.

30. In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Legal Process, the Client will be bound to pay EU Flight Claims 25% of the Claim amount. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with EU Flight Claims.

Payment

31. The funds received by EU Flight Claims intended for the Client will be paid to the Client no later than 30 days after the funds and the correct bank account details are received by EU Flight Claims, provided that these funds can be connected to the Claim with a reference number. Payments to the Client will be made to the bank account provided to EU Flight Claims by the Client. EU Flight Claims cannot be held liable for any damages resulting from the provision of erroneous bank account details by the Client. If any foreign bank charges an additional fee for the transfer of the funds to the Client’s account, these costs will be charged to the Client. EU Flight Claims will deduct this amount from the compensation due.

32. All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of EU Flight Claims’s efforts and activities, regardless of whether the funds were collected (partly) due to the Client’s efforts and activities. EU Flight Claims will always be entitled to 25% of the claimed total with regard to funds received from the Airline.

35. If the Client fails to provide his or her bank account details to EU Flight Claims, the funds intended for the Client will be retained on EU Flight Claims’s bank account for the duration of no more than one year after these funds are collected. This year will commence once the Client is informed of the receipt of the funds intended for the Client on the email address provided to EU Flight Claims as the Client’s contact email address. EU Flight Claims will make at least three attempts to contact the Client at the email address provided to EU Flight Claims. After this one-year period expires, the total claimed amount will become EU Flight Claims’s property.

36. If the Client fails to fulfil any payment owed to EU Flight Claims, EU Flight Claims will charge all costs associated with the collection of this payment to the Client.

Client obligations

37. The Client declares that all information provided is accurate, complete and true.

38. By agreeing with these Terms and Conditions via EU Flight Claims’s website, the Client declares to have informed EU Flight Claims of all correspondence previously sent to and received from the Airline, as well as offers and discounts given or done by the Airline regarding the Claim before this Agreement was entered into.

39. The Client will always follow EU Flight Claims’s instructions regarding the Claim. EU Flight Claims cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods resulting from the Client’s failure to do so.

40. The Client will refrain from communicating directly with the Airline once this Agreement has been entered into, and throughout the entire legal Process and possible Legal Process, unless expressly agreed upon with EU Flight Claims in writing. EU Flight Claims cannot be held liable for any damages resulting from the Client’s own actions toward the Airline.

41. The Client will always and immediately inform EU Flight Claims of any news or developments regarding the Claim. EU Flight Claims cannot be held liable for the Client’s failure to follow this instruction or any consequences thereof.

42. If the Client’s contact details change after the Agreement has been entered into, the Client will immediately inform EU Flight Claims of these changes. EU Flight Claims cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods or for any other negative consequences resulting from the Client’s failure to provide accurate contact details or the failure to inform EU Flight Claims of any changes.

43. The Client is not permitted to transfer the Claim to a third party at any time during the Extralegal Process and the Legal Process, unless expressly agreed upon by EU Flight Claims in writing.

44. In the event the Client fails to act according to article 41 of these Terms and Conditions, or accepts an offer from the Airline without express written consent from EU Flight Claims, the Client will owe 25% of the Claim amount to EU Flight Claims. This amount will be required to be transferred to EU Flight Claims’s bank account within 14 business days of the date of termination and/or transferal of the Claim.

The Client is allowed to terminate the Agreement prematurely;
– In the event the Client decides to terminate the Agreement before providing EU Flight Claims with a signed power of attorney, EU Flight Claims has the right to charge 12% of the total claim amount to the Client, with a maximum of EUR 250.00 (two hundred and fifty Euros), as reimbursement for incurred expenses.  In the event the Client decides to terminate the Agreement after providing EU Flight Claims with a signed power of attorney for at least one passenger (in case there are multiple passengers on the Claim), EU Flight Claims has the right to charge 25% of the total claim amount to the Client.

45. Payment of the invoice needs to be done no later than 14 days after termination and/or completion of the Claim to the bank account of EU Flight Claims.

Force majeure

46. EU Flight Claims cannot be bound to fulfil any responsibility toward the Client if it is hindered to do so as a result of force majeure or a circumstance beyond its power, including those responsibilities that would fall under EU Flight Claims’s accountability under the law, a legal transaction or generally accepted standards. Force majeure includes the following: all outside factors, anticipated or not anticipated, over which EU Flight Claims does or did not have any control, but which cause EU Flight Claims be unable to fulfil its responsibilities to the Client. EU Flight Claims is also entitled to invoke force majeure if the circumstances hinder (further) fulfilment of the Agreement, irrespective of whether the circumstances causing force majeure occur prior to or after the time EU Flight Claims’s work for the Client should have been completed.

47. EU Flight Claims will be permitted to suspend its obligations toward the Client while the force majeure persists.