Terms And Conditions
Article 1: Definitions
In these terms and conditions (the “Terms”), the defined terms below shall have the following meaning:
1.1 “Agreement”: an agreement between a Client and AirFlightClaims that is reached after the acceptance of these Terms by the Client. For using our Service, the Agreement shall be considered reached when the Client has signed the Assignment Form or an Authority Document in addition to accepting these Terms.
1.2 “AirFlightClaims” is a trading style of GLAD People Limited, a company incorporated in the UK with its registered office at The Gate, Keppoch St, Cardiff CF24 3JW (Company number 10883046).
1.3 “AirFlightClaims FlyBot”: A free tool available on Facebook Messenger to verify easy and fast if you can claim for your flight.
1.4 “AirFlightClaims Payment Processing Entity”: the entity that will be processing the payment of the agreed Flight Compensation to the Client, depending on the payment method selected by the Client, which will be GLAD People Limited, a company incorporated in the UK with its registered office at The Gate, Keppoch St, Cardiff CF24 3JW (Company number 10883046).
1.5 ”Air Passenger Rights Regulation”: any law, regulation, directive, international convention or similar, whether issued on state, federal, EU, national, international or regional level, and case law, that establishes rules on monetary compensation, damages or refund to passengers in the event of overbooked, delayed, cancelled or otherwise disrupted flights or luggage claims.
1.6 “Assignment Form”: the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to AirFlightClaims.
1.7 “Authority Document”: a document provided by AirFlightClaims to the Client, which authorizes AirFlightClaims or one of AirFlightClaims’s affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, an electronic Power of Attorney or a Client Care Agreement.
1.8 “Claim”: any claim against an airline for monetary compensation, damages or refund pursuant to Air Passenger Rights Regulation or goodwill compensation.
1.9 “Client(s)”: person(s) that has accepted these Terms.
1.10 “Eligibility Service”: is AirFlightClaims’s delivery of its state-of-the-art claim eligibility determination through software. The Eligibility Service is conducted on a Claim by Claim basis in AirFlightClaims’s web form or chabot on Facebook Messenger (FlyBot). The Eligibility Service will inform the Client of the likelihood of having an eligible Claim. An eligible Claim will have a high likelihood of getting paid and AirFlightClaims will provide its Service for such Claims if requested by the Client. Claims that are not eligible will have a low likelihood of getting paid and AirFlightClaims will decide on a case by case if it will provide its Service for such Claims.
1.11 “Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill or otherwise, to the Client or AirFlightClaims after the Client has accepted these Terms. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to AirFlightClaims.
1.12 “Information Service”: is AirFlightClaims’s provision of flight information, airline information, airport information, other travel related information, information about air passenger rights and consumer protection laws. The information will both be specifically relevant to the Client’s travels and be of more a generic context, such as ranking of airports or airlines, or news about changes in air passenger rights. The information will be delivered through electronic communication, including e-mail, personalized dashboard, AirFlightClaims controlled websites or mobile application.
1.13 “Service”: is AirFlightClaims’s pursuit of a Claim, including, if necessary, by Legal Action.
1.14 “Legal Action”: filing a Claim with a court or a government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
1.15 “Legal Fast Track”: is a procedure for airlines that usually do not pay Flight Compensation, unless Legal Action is taken. If AirFlightClaims provides its Service by provision of Legal Fast Track, AirFlightClaims will charge both its Service Fee and Legal Action fee due to the increased risk and cost for AirFlightClaims.
1.16 ”Price List”: appendix attached to this Terms specifying accepted currencies, methods of payment and all fees charged by AirFlightClaims.
1.17 ”Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
Article 2: Agreement
2.1 After the Client has accepted these Terms, AirFlightClaims agrees to deliver and the Client agrees to receive Eligibility Service and Information Service.
2.2 After the Client has accepted these Terms and signed either the Assignment Form or Authority Document, the Client agrees to receive AirFlightClaims Service and AirFlightClaims agrees to deliver its Service unless AirFlightClaims notifies the Client without unreasonable delay that AirFlightClaims cannot deliver its Service for such Claim.
2.3 By entering into an Agreement with AirFlightClaims, the Client warrants that he/she is authorized and has the legal capacity to enter into the Agreement on his/her own behalf and, where applicable, on behalf of his/her fellow passengers. By signing the Assignment Form or an Authority Document, the Client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or an Authority Document on his/her own behalf and, where applicable, on behalf of his/her minor fellow passengers.
2.4 The Client acknowledges that AirFlightClaims only seeks Flight Compensation. The Client agrees that AirFlightClaims will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment, unless AirFlightClaims determines that the likelihood of a more favorable outcome for the Client is low and it under the circumstances would be the best choice to accept such offer.
2.5 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
2.6 After signing the Assignment Form, the Client may not assign the Claim to any other party as the legal title to the claim has been assigned to AirFlightClaims. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document. For the avoidance of doubt, in the event that the Client has signed an Authority Document, the Client can withdraw the authority given in the Authority Document by giving written notice to AirFlightClaims.
2.7 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise AirFlightClaims without delay. Such payments shall be considered Flight Compensation and entitle AirFlightClaims to its Service Fee and Legal Action Fee if Legal Action was taken by AirFlightClaims prior to the Client receiving payment from the airline concerned. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to AirFlightClaims.
2.8 After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to AirFlightClaims in order to ensure that AirFlightClaims achieves the best result possible.
Article 3: Description of Service
3.1 AirFlightClaims asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.
3.2 Flight data and information may be submitted to AirFlightClaims via the website, FlyBot chatbot on Facebook Messenger, mobile apps, email, other electronic or software solutions supported by AirFlightClaims or phone.
3.3 To pursue the Claim successfully, AirFlightClaims needs the Client’s signed Assignment Form or Authority Document, which he/she can send to AirFlightClaims via the web form, FlyBot chatbot, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document, AirFlightClaims prepares a request for payment and sends it to the operating airline without unreasonable delay and handles all further correspondence. For this part of the Service, if Flight Compensation is paid, AirFlightClaims charges its Service Fee (see Price List).
3.4 If the operating airline fails to pay Flight Compensation within a reasonable period after being notified by AirFlightClaims and provided the case may be asserted with adequate certainty, AirFlightClaims may initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken and Flight Compensation is paid, AirFlightClaims charges the Legal Action Fee in addition to the Service Fee, to cover the additional costs of Legal Action (see Price List).
3.5 In the event that a contracted legal representative is used for Legal Action, the Client will allow AirFlightClaims to grant the contracted legal representative access to all of the data communicated to AirFlightClaims and allow the legal representative to transfer information concerning the proceedings to AirFlightClaims. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Client accepts that such Claim is assigned back to the Client by signing the COA, Power of Attorney, Client Care Agreement or similar.
3.6 If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and neither AirFlightClaims nor the contracted legal representative will take further action.
3.7 If AirFlightClaims or the contracted legal representative institutes legal proceedings to pursue a Claim, AirFlightClaims will cover any costs incurred in the event the lawsuit is lost. In the event, the lawsuit is won, or a settlement has been reached between the airline and AirFlightClaims, AirFlightClaims will cover any costs incurred that are not covered by the airline.
3.8 The Client acknowledges that it is the sole decision of AirFlightClaims to accept any settlement offer since the Client has assigned the Claim to AirFlightClaims. In case AirFlightClaims acts on behalf of the Client pursuant to an Authority Document, the Client authorizes AirFlightClaims to accept or reject settlement offers based on AirFlightClaims’s experience with the airline and the advice from external legal representatives.
Article 4: Fees and Payments
4.1 AirFlightClaims provides Eligibility Service and Information Service free of charge.
4.2 AirFlightClaims provides its claims Service free of charge unless AirFlightClaims is successful in collecting Flight Compensation. If AirFlightClaims is successful AirFlightClaims Payment Processing Entity will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that may apply pursuant to the Price List. If AirFlightClaims is successful, but the Flight Compensation and/or attorney’s fees, court fees, interest or similar has been transferred directly from the airline to the Client, the Client will without unreasonable delay transfer AirFlightClaims’s fees pursuant to the Price List and the received attorney’s fees, court fees, interest or similar, if any, to AirFlightClaims.
4.3 Payment of the agreed part of the Flight Compensation to the Client will be done pursuant to the options in the Price List by AirFlightClaims Payment Processing Entity.
4.4 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to AirFlightClaims Payment Processing Entity and the Client, after several reminders and reasonable endeavors from AirFlightClaims to contact the Client by other means than the email provided by the Client to AirFlightClaims, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, AirFlightClaims shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.
4.5 When AirFlightClaims Payment Processing Entity, has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, AirFlightClaims shall not be liable for:
- i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client;
- ii) any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, AirFlightClaims shall not be obligated to actively reclaim it.
4.6 No interest may be claimed for the period between the incoming and outgoing payments. AirFlightClaims reserves the right to retain any interest that has been recovered from the airline.
4.7 AirFlightClaims shall not be liable for any amount of compensation, damages or similar, if AirFlightClaims Payment Processing Entity is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
Article 5: Data Protection
5.1 AirFlightClaims will primarily use the personal data provided by the Client for the purpose of delivering Eligibility Service, Information Service and AirFlightClaim Service in accordance with the Agreement. AirFlightClaims may also collect personal data for other purposes such as statistics, administration, and communication, IT and security administration, physical security, authentication and authorization systems, support systems, a collaboration of internal projects and organizational teams and activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement) or other data protection laws that may be applicable.
5.2 The Client provides AirFlightClaims with personal data under the General Data Protection Regulation or other data protection laws that may be applicable, with the explicit permission to process the personal data given by the Client and, where applicable, given on behalf of or by his/her fellow passengers for the use thereof in the context of the Agreement. AirFlightClaims will only transfer the personal data to third parties under the conditions as listed below:
- i) if the Client has given consent;
- ii) if it is for a purpose directly related to the original purpose for which the personal data was collected;
iii) if it is necessary for the preparation, negotiation and fulfilling the Agreement with the Client;
- iv) if it is required due to a legal obligation, administrative or court order;
- v) if it is required for the establishment or protection of legal claims or in defense of court actions;
- vi) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
5.3 In providing its service to its users, AirFlightClaims uses the following tools which records and maintain a copy of the clients data, in accordance with their respective terms and conditions. By agreeing the terms of conditions provided by AidFlightClaim you agree with the following terms and conditions also:
|Terms and Conditions link||https://www.facebook.com/legal/terms||https://chatfuel.com/TermsOfUse.pdf|
Article 6: Data and information from the Client
6.1 On request by AirFlightClaims, the Client or his/her fellow passengers will provide AirFlightClaims with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true, and where applicable, given with the consent of the fellow passengers.
6.2 The Client agrees to fully indemnify AirFlightClaims in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
6.3 In case of incorrect data/information and fraudulent conduct, AirFlightClaims reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Article 7: Right of withdrawal
7.1 If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are 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.
7.2 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be communicated within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal can be sent to:
GLAD People Limited
The Gate Business Center, Keppoch Street, Cardiff, United Kingdom, CF24 3JW
Article 8: Final Provisions
8.1 AirFlightClaims is authorized to alter these Terms and the Price List and to set forth additional conditions at any time and without notice. However, changes with a negative effect on the Client will not apply to the Client, unless the Client agrees to new changes.
8.2 The laws of Germany apply to these Terms, the Assignment Form and the Agreement between AirFlightClaims and the Client. The Client is, however, always entitled to claim due to protection under mandatory provisions provided by laws of the country where the Client resides.
8.3 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
8.4 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by AirFlightClaims to any entity within the corporate group of AirFlightClaims and by AirFlightClaims to third parties.
8.5 The English version of these Terms shall prevail in case of inconsistency to any other language version.
Published: October 20, 2019