Terms and Conditions

Terms Of Use

Welcome to Flight Delay Claim

(“Company”, “we”, “our”, “us”)

These Terms and Conditions (“Terms”, “Terms & Conditions”) govern your use of our web page located at www.flightdelayclaim.com, operated by Flight Delay Claim. They are also applicable to all agreements reached and entered into between Flight Delay Claim and the Client.

Your agreement with us includes these Terms (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but please let us know by emailing us at info@flightdelayclaim.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to use our Service.

1. Definitions of words used below:

Claim:

The paperwork processed 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.

Client:

The person who instructs Flight Delay Claim or the air passenger who holds a Claim against the Airline.

Airline:

The airline that operated the delayed or cancelled flight or was scheduled to operate the flight.

Flight Compensation:

The Flight Compensation is in reference to compensation payable under:

Regulation UK261 or Flight Compensation Regulation (EC) 261/2004 or the prevailing law of the country where the flight departed from.

Agreement:

The Agreement between the Client and Flight Delay Claim on the basis of which the Client will exclusively authorise Flight Delay Claim to enforce and submit the Client’s Claim (in any form whatsoever) for any / all flight compensation for delay, cancellation, overbooking or denied boarding or missed connection based against the Airline(s).

The Client shall irrevocably authorise Flight Delay Claim or their nominated solicitors to submit the Clients claim against the Airline(s) and or enforce the claim by way of Court proceedings / Alternative Dispute Resolution. 

The Client will also agree to provide full co-operation to Flight Delay Claim and their nominated solicitors and the Client shall sign an instruction to act form whereby the Client shall instruct Flight Delay Claims nominated solicitors to act on behalf of the Client in order to claim Flight Compensation until the conclusion of the Clients claim.

The Client confirms he/she has not entered in to any other agreement with another company / solicitor to claim flight compensation other than Flight Delay Claim or their Nominated Solicitor and the Client agrees not to enter in to any other agreement to claim Flight Compensation with any other company.

The Client agrees to sign any document required by Flight Delay Claim or its Nominated Solicitor to confirm its instruction. The document can consist of Assignment Form / Instruction to Act.

The Client authorises Flight Delay Claim and or its Nominated Solicitor to accept compensation on his / her behalf if it is within the boundary allowed within the relevant legation relating to flight compensation.

MINORS:

The Litigation Friend appointed on behalf of the child (under 18) agrees to be bound by all the terms and conditions set out within this document on behalf of the child and agrees to all obligations set on the Client.

The Litigation Friend agrees to use the compensation monies for the benefit of the child.

Nominated Solicitor:

Versus Law Solicitors are Flight Delay Claim’s nominated solicitors (Nominated Solicitor).

The Client agrees to instruct Versus Law Solicitors to act on his/her behalf to make a Flight Compensation claim against the Airline(s)

The Client authorises Flight Delay Claim to disclose all and any information relating to the Client to Versus Law Solicitors.

The Client authorises Versus Law Solicitors to disclose all and any information in relation to the Client and the Clients claim against the Airline(s) to Flight Delay Claim. 

The Client agrees to provide full and complete information / full co-operation to Versus Law Solicitors / Flight Delay Claim in relation to a Flight Compensation against the Airline(s) until the conclusion of the case.

The Client agrees to sign Versus Law Solicitors Instructions to Act to authorise them to act on behalf of the Client.

Versus Law Solicitors fees

Versus Law Solicitors fees are charged based on the work done by them and their terms and conditions.

Flight Delay Claim will indemnify the Client against all fees charged by Versus Law Solicitors (which will mean the Client will not pay any fee to Versus Law Solicitors for their services) so long as the Client provides full co-operation to Flight Delay Claim and Versus Law Solicitors and there are no breaches by the Client of the terms agreed with Flight Delay Claim and Versus Law Solicitors.

Should the Claim be unsuccessful and there are no breaches of the terms by the Client, the Client will not pay any fees to Versus Law Solicitors.

Judicial Process:

The legal proceedings initiated for the Claim by and/or on behalf of Flight Delay Claim, 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.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@flightdelayclaim.com.

3. Procedure

Flight Delay Claim offers several services that aim to assist in the claiming of the legal Flight Compensation in the event of a delay, cancellation, overbooking or denied boarding based on Regulation 261 or Regulation (EC) 261/2004.

If Flight Delay Claim decides to accept/process the Claim, it will make reasonable endeavors to collect the Claim from the Airline.

Flight Delay Claim will process the Client’s (personal) data with care. The Client hereby gives Flight Delay Claim permission for the processing of the personal data supplied by the Client, and for the use thereof in the context of Flight Delay Claim’s usual operational management under the relevant data law.

The Client gives permission to Flight Delay Claim to provide personal data to legal partners when necessary. The Terms and Conditions are also applicable to Flight Delay Claim’s legal partners and their actions and endeavors.

The Client will be advised of the chances of success of the Claim (where possible). This advice by Flight Delay Claim will be given on a provisional basis; no rights can be derived from this advice. Flight Delay Claim will not provide any guarantees about the Claim’s success or outcome.

Flight Delay Claim or its Nominated Solicitor cannot be held accountable for any of the results of the Client’s failure to (regularly) read notifications and messages sent to the Client.

Flight Delay Claim will always be entitled to reject 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 Extrajudicial Process or the Judicial Process.

Flight Delay Claim will not be obligated to provide any further effort or service relating to the Claim from that moment on. The Client is entitled to 14 days cooling off period, after which the Client will then be held responsible for reimbursement of any expenses incurred during the processing of their Claim thus far by Flight Delay Claim or its Nominated Solicitor.

This Agreement will be effective until the Claim is explicitly closed by Flight Delay Claim or its Nominated Solicitor, 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 mentioned above apply.

4. Extrajudicial Process

The Client authorises and/or mandates Flight Delay Claim and its Nominated Solicitor to collect the Claim in the Extrajudicial Process, and to do all that they deem to be useful for the collection of the Claim.

 

5. Judicial Process

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

In the event Flight Delay Claim / Nominated Solicitor decide to initiate a Judicial Process, the Client mandates Flight Delay Claim / Nominated Solicitor to proceed to initiate legal proceedings as it sees fit (on Flight Delay Claim’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.

In the case Flight Delay Claim or a subsidiary of Flight Delay Claim 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 Flight Delay Claim).

The Client is permitted to withdraw the instructions to initiate legal proceedings at any time. In that event, any legal fees incurred will be charged to the Client. This also applies to instructions given to Flight Delay Claim’s legal partners / Nominated Solicitor.

The initiation of legal proceedings against the Airline is time barred after a period of 2 years in the case of Dutch airlines, 3 years in the case of German airlines, 6 years in the case of British airlines and 1 year in the case of Belgian airlines, counting from the flight date or the date the flight was scheduled to be operated. By agreeing with the applicability of the Terms and Conditions, the Client declares to have taken note of this deadline. Flight Delay Claim / Nominated Solicitor cannot be held accountable for damages resulting from the possible expiration of the Claim, in case the Client fails to provide Flight Delay Claim with all required documents in order to pursue the claim (these are: a power of attorney / instruction to ac / assignment form, a copy of an identification document and a minimum of one complete booking document for every passenger on the Claim).

 

6. Rates, Fees and Payments

The Client enters into a no win no fee agreement with Flight Delay Claim.

In the case of a No win no fee Account, no upfront fee is charged for Flight Delay Claim’s

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 Flight Delay Claim’s efforts and activities, regardless of whether the funds were collected (partly) due to the Client’s efforts and activities. Flight Delay Claim will always be entitled to the rates of fees listed below in the Fees section.

Payments made directly to the Client by the Airline must be reported to Flight Delay Claim and to their Nominated Solicitor within 24 hours 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 and legal fees incurred for the collection of the funds owed to Flight Delay Claim by the Client will be charged to the Client and the Client agrees to pay all legal fees in the collection of funds from the Client in respect of Flight Compensation received by the Client.

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 Extrajudicial Process has commenced but before the Judicial Process commences as settlement of (part of) the Claim, the Client will be permitted to accept this if written consent is given by Flight Delay Claim or their Nominated Solicitor. If the value of the vouchers offered is lower than that of the Claim, the Client will be bound to pay the fees listed in the Fees section.

In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Judicial Process, the Client will be bound to pay the Fees in the Fees section. 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 Flight Delay Claim.

In case the Claim is (partly) collected, the Client will owe Flight Delay Claim the fees as stated in the Fees section. In the event the compensation amount is transferred directly to the Client’s bank account by the Airline, Flight Delay Claim will charge the fees as stated in the Fees section.

The Judicial Process will be processed by Flight Delay Claim as it sees fit based on a ‘no win, no fee'. No expenses will be charged if no form of compensation is collected from the Airline.

Any settlement by the Client in relation to Flight Compensation will result in the Client being liable for the Flight Delay Claims fees and all legal fees of Versus Law Solicitors if the settlement is achieved without consent of Flight Delay Claim or Versus Law Solicitors.

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

 

Fees

 No win no fee. No fee is payable if the claim is unsuccessful.

 All cases settled prior to Litigation / Alternative Dispute Resolution

  • 25% plus VAT deducted of the total value of the Claim / compensation recovered or received by the Client plus £25 administration fee to be payable to Flight Delay Claim for their services.

All cases settled post Litigation / Alternative Dispute Resolution

  • 35% plus VAT deducted of the total value of the Claim / compensation recovered or received by the Client plus £25 administration fee to be payable to Flight Delay Claim for their services.

There shall be a lien on your compensation in respect of any unpaid legal fees / disbursements due from the Airline(s) and this amount will be set off against any compensation payable.

Payment

The Client authorises Flight Delay Claim and their Nominated Solicitor to bank and release all monies received in respect of the Clients Claim to Flight Delay Claim.

The Client authorises Flight Delay Claim and their Nominated Solicitor to deduct Flight Delay Claim’s Fees from the compensation amount received and release the payment to Flight Delay Claim, with the remainder of the compensation paid to the Client.

The funds received by Flight Delay Claim / Nominated Solicitor intended for the Client will be paid to the Client no later than 60 days after the funds and the correct bank account details are received by Flight Delay Claim, 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 Flight Delay Claim by the Client. Flight Delay Claim 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. Flight Delay Claim will deduct this amount from the compensation due.

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 Flight Delay Claim’s and or their Nominated Solicitor’s efforts and activities, regardless of whether the funds were collected (partly) due to the Client’s efforts and activities. Flight Delay Claim will always be entitled to the Fees in relation to the claimed total with regard to funds received from the Airline.

If the Client fails to provide his or her bank account details to Flight Delay Claim, the funds intended for the Client will be retained on Flight Delay Claim’s or their Nominated Solicitors 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 Flight Delay Claim as the Client’s contact email address. Flight Delay Claim will make at least three attempts to contact the Client at the email address provided to Flight Delay Claim. After this one-year period expires, the total claimed amount will become Flight Delay Claim’s

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

8.    Client obligations

The Client agrees to provide full co-operation to Flight Delay Claim / Nominated Solicitor.

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

By agreeing with these Terms and Conditions, the Client declares to have informed Flight Delay Claim 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.

The Client will always follow Flight Delay Claim’s / Nominated Solicitor instructions regarding the Claim. Flight Delay Claim / Nominated Solicitors / legal partners 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.

The Client will refrain from communicating directly with the Airline once this Agreement has been entered into, and throughout the entire Extrajudicial Process and possible Judicial Process, unless expressly agreed upon with Flight Delay Claim / Nominated Solicitors / legal partners in writing. Flight Delay Claim / Nominated Solicitors / legal partners cannot be held liable for any damages resulting from the Client’s own actions toward the Airline.

The Client will always and immediately inform Flight Delay Claim / Nominated Solicitors of any news or developments regarding the Claim. Flight Delay Claim / Nominated Solicitor cannot be held liable for the Client’s failure to follow this instruction or any consequences thereof.

If the Client’s contact details change after the Agreement has been entered into, the Client will immediately inform Flight Delay Claim / Nominated Solicitor of these changes. Flight Delay Claim / Nominated Solicitors 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 Flight Delay Claim of any changes.

The Client is not permitted to transfer the Claim to a third party at any time during the Extrajudicial Process and the Judicial Process, unless expressly agreed upon by Flight Delay Claim in writing and subject to payment of the work done by Flight Delay Claim / Nominated Solicitor prior to the transfer.

In the event the Client fails to act according to these Terms and Conditions, or accepts an offer from the Airline without express written consent from Flight Delay Claim / Nominated Solicitor, the Client will owe Fees amount to Flight Delay Claim. This amount will be required to be transferred to Flight Delay Claim’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 Flight Delay Claim with a signed power of attorney, Flight Delay Claim has the right to charge 12.5% of the total claim amount to the Client, with a maximum of EUR 300.00 (three hundred Euros), as reimbursement for incurred expenses.

In the event the Client decides to terminate the Agreement after providing Flight Delay Claim with a signed power of attorney for at least one passenger (in case there are multiple passengers on the Claim), Flight Delay Claim has the right to charge 25% of the total claim amount to the Client.

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 Flight Delay Claim.

The Client agrees that if the Client is in breach of any terms and conditions of Flight Delay Claim or the terms of instruction of the Nominated Solicitor then the Client will be liable for the Nominated Solicitors costs in full and Flight Delay Claim will not indemnify the Client.

  1. Force majeure

Flight Delay Claim / Nominated Solicitor 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 Flight Delay Claim’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 Flight Delay Claim does or did not have any control, but which cause Flight Delay Claim be unable to fulfil its responsibilities to the Client. Flight Delay Claim / Nominated Solicitor 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 Flight Delay Claim’s work for the Client should have been completed.

Flight Delay Claim / Nominated Solicitor will be permitted to suspend its obligations toward the Client while the force majeure persists.

 

10. Right of Withdrawal

The Client has 14 days from the conclusion of the Agreement with Flight Delay Claim to exercise their right to withdrawal of this agreement. The withdrawal must be communicated within 14 days and must be confirmed in writing.

Email: info@flightdelayclaim.com

Post: Flight Delay Claim Limited, 448 – 452 Chester Road, M16 9HD

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