Terms and Conditions

In this document the following definitions apply:

Terms and conditions:
the present Terms and Conditions of Flight Delay Claim;

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 Flight Delay Claim, also the air passenger who holds a Claim against the Airline;

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

Extrajudicial Process:
the composing and sending of letters (of default) as Flight Delay Claim 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 Flight Delay Claim, in the case of a Client with a 'Pro Account' or a 'Premium Account' all activities undertaken by Flight Delay Claim after (where applicable) the submitting of the Claim with the Airline, the sending of a reminder to the Airline and the sending of a cover letter to the Airline after the enforcement authority's decision, but before the initiation of a Judicial Process, including the composing and sending of letters of default, letters before (court) action and debt collection letters by Flight Delay Claim;

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, (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 Flight Delay Claim and the Client.
  2. Flight Delay Claim offers several services that aim to assist in the claiming of the legal compensation in the event of a delay, cancellation, overbooking or denied boarding based on Regulation (EC) 261/2004.
  3. If Flight Delay Claim decides to accept/process the Claim, it will make reasonable endeavours to collect the Claim from the Airline.
  4. 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 Section 8 of the Personal Data Protection Act of Dutch law.
  5. 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 endeavours.
  6. The Client will be advised of the chances of successful collection of the Claim where possible, by means of notifications in the claim calculator and advice from Flight Delay Claim's employees. 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.
  7. In addition to by email, Flight Delay Claim 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'. Flight Delay Claim will notify the Client of each update or new message regarding the Claim via an email notification. Flight Delay Claim 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 Flight Delay Claim.
  8. Flight Delay Claim 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 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 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.
  9. This Agreement will be effective until the Claim is explicitly closed by Flight Delay Claim 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 article 43 will apply.

Right to withdrawal

  1. The Client may cancel the Agreement with Flight Delay Claim within 14 days without the need to specify any reason(s) for the cancellation. Flight Delay Claim may request the client to specify the reason(s) for the cancellation, but may under no circumstance force the Client to inform Flight Delay Claim of the reason(s).
  2. The period mentioned in Article 10 starts on the day the Agreement was entered into by the Client and Flight Delay Claim.
  3. If the Client exercises the right to withdrawal, Flight Delay Claim must be unambiguously notified within the period mentioned in article 10. The burden of proof as to whether and when the right to withdrawal was properly exercised shall rest with the Client.
  4. Flight Delay Claim will offer the Client the possibility to renounce the right to withdrawal. If the Client renounces the right to withdrawal Flight Delay Claim 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.

Extrajudicial Process

  1. The Client authorises and/or mandates Flight Delay Claim to collect the Claim in the Extrajudicial Process, and to do all that Flight Delay Claim deems to be useful for the collection of the Claim. The authorisation and/or mandate will be issued to Flight Delay Claim in a separate agreement.
  2. In the event (a part of) the Claim is collected, the Client with a No win, no fee Account will always owe Flight Delay Claim a portion of 25% of the total amount collected.

Debt Collection Process

  1. The decision of whether a Debt Collection Process will be initiated to collect the Claim will be at the discretion of Flight Delay Claim. The decision to start a Debt Collection Process will be made by Flight Delay Claim 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 Debt Collection Process if it believes it not to be expedient for any reason.

Judicial Process

  1. The decision of whether a Judicial Process will be initiated to collect the Claim will be at the discretion of Flight Delay Claim. The decision to start a Judicial Process will be made by Flight Delay Claim 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. For the initiation of a Judicial Process by Flight Delay Claim (whether or not as a party to the proceedings), the Client will be required to give a separate mandate to Flight Delay Claim in which the Client agrees to initiation of the Judicial Process.
  2. In the event Flight Delay Claim decides to initiate a Judicial Process, the Client mandates Flight Delay Claim 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.
  3. 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 subdelegation through the power of attorney from the Client to Flight Delay Claim).
  4. 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 Article 43. This also applies to instructions given to Flight Delay Claim's legal partners.
  5. 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 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, a copy of an identification document and a minimum of one complete booking document for every passenger on the Claim).

Rates and payment

  1. In the case of a No win no fee Account, no upfront fee is charged for Flight Delay Claim's services.
  2. 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 25% of the claimed total with regard to funds received from the Airline.
  3. Payments made directly to the Client by the Airline must be reported to Flight Delay Claim 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 Flight Delay Claim by the Client will be charged to the Client.
  4. 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. 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 Flight Delay Claim. 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 Flight Delay Claim.
  5. 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 Flight Delay Claim 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 Flight Delay Claim.
  6. In case the Claim is (partly) collected, the Client will owe Flight Delay Claim 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, Flight Delay Claim will charge 25% of the total amount collected to the Client.
  7. The Judicial Process will be processed by Flight Delay Claim 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 article 43 of these Terms and Conditions applies.
  8. 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.
  9. 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 Flight Delay Claim 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 Flight Delay Claim.

Payment

  1. The funds received by Flight Delay Claim 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.
  2. 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 25% of the claimed total with regard to funds received from the Airline.
  3. 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 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 property.
  4. 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.

Client obligations

  1. The Client declares that all information provided is accurate, complete and true.
  2. By agreeing with these Terms and Conditions via Flight Delay Claim's website, 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.
  3. The Client will always follow Flight Delay Claim's instructions regarding the Claim. Flight Delay Claim 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.
  4. 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 in writing. Flight Delay Claim cannot be held liable for any damages resulting from the Client's own actions toward the Airline. 
  5. The Client will always and immediately inform Flight Delay Claim of any news or developments regarding the Claim. Flight Delay Claim cannot be held liable for the Client's failure to follow this instruction or any consequences thereof.
  6. If the Client's contact details change after the Agreement has been entered into, the Client will immediately inform Flight Delay Claim of these changes. Flight Delay Claim 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.
  7. 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.
  8. 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 Flight Delay Claim, the Client will owe 25% of the Claim 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.
  9. 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.

  1. 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.

Force majeure

  1. Flight Delay Claim 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 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.
  2. Flight Delay Claim will be permitted to suspend its obligations toward the Client while the force majeure persists.

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