General Terms and Conditions
Article 1: Definitions
In these General Terms and Conditions, hereafter “Terms and Conditions”, the Terms below are understood to have the following meanings:
1.1 Flight Reclaim Ltd: the company that offers to enforce your rights under Regulation 261/2004 and/or claim a Complaint Package after giving free advice, using the information the Client has provided.
1.2 This Package is to be used for lodging complaints with an airline based on Regulation (EC) 261/2004 or to recover incurred losses from additional avenues that are appropriate, depending on which package has been purchased.
1.3 Client: person(s) that can receive a Complaint Package or submit their claim through Flight Reclaim Ltd, who will deal with their claims on a no-win-no-fee basis.
1.4 Complaint Package: a package comprised of a completed European complaint form with all necessary information filled in and a letter to the airline.
1.5 Division: a department within Flight Reclaim Ltd.
1.6 Agreement: the agreement that is reached after the Client has accepted these Terms and Conditions.
Article 2: Agreements
2.1 All offers come without any obligations attached under all conditions, unless Flight Reclaim Ltd have explicitly declared otherwise.
2.2 Concluding an agreement will happen only if and insofar as Flight Reclaim Ltd have accepted your order, or if Flight Reclaim Ltd decide to carry out that order.
2.3 Flight Reclaim Ltd reserves the right to refuse any order without stating a reason. In the case of a refused order, Flight Reclaim Ltd will let the Client know as soon as possible.
2.4 When entering into an Agreement with Flight Reclaim Ltd, the Client declares that he or she is permitted to enter the Agreement or give the order.
2.5 Having accepted these Terms and Conditions the Client hereby permits and authorises Flight Reclaim Ltd, Blue Panda Finance Ltd and other 3rd Party Affiliates to;-
(a) Use the email address provided by the Client to send them a newsletter.
(b) Contact the Client through either email/phone or by post to notify them of additional financial products and offers which may be of benefit to the client.
2.6 Having accepted these Terms and Conditions the Client hereby permits and authorises Flight Reclaim Ltd to transfer their claim to another division or partner. By extension, Flight Reclaim Ltd will also be permitted to adjust fees according to rates in that other division.
Article 3: Terms of Business
3.1 The fee rate for our no-win-no-fee condition within the member states of the European Union is 20% of the amount that the passenger(s) has rights to in the EU under Regulation 261/2004 plus £25.00 to be paid for administration costs (per claim NOT per individual passenger) plus VAT. VAT will be charged at the prevailing rate on the day the claim is invoiced. The fee rate for our no-win-no-fee condition within the UK is 25% (to account for the higher cost of undertaking business in the UK) of the amount that the passenger(s) has rights to in the UK under EC Regulation 261/2004 plus £25.00 to be paid for administration costs (per claim NOT per individual passenger) plus VAT. VAT will be charged at the prevailing rate on the day the claim is invoiced.
The Client agrees and understands that the fees can be changed depending on the division they use from Flight Reclaim Ltd. Though the Client will always receive prior notification if this is to be the case.
3.2 Regardless of whether compensation has been successfully recovered by Flight Reclaim Ltd, the Client, or another third party, the Client is responsible for paying the Fees. Note that the ‘Fees’ are only payable in the instance that the airline has paid compensation, regardless of whether paid to Flight Reclaim Ltd, the Client, or another third party; and regardless of whether the compensation is paid as monetary compensation or equivalent (i.e. Vouchers). The Fees payable will be calculated as per Paragraph 3.1. Where a claim is unsuccessful, no Fees are payable to Flight Reclaim Ltd. For a successful claim, the Fees shall become payable at the point of offer of payment from the Airline.
3.3 To clarify, the terms stated in Paragraph 3.2 are demonstrated in the following example:-
On the 1st of January, the Client writes to the airline.
The airline fails to give the payment to the Client who later submit their claim to Flight Reclaim Ltd on the 15th of February.
However, the airline pays or agrees to pay the Client on the 16th of February their compensation according to Article 7 of Regulation 261/2004.
In such a situation, the Client is still responsible to pay fees to Flight Reclaim Ltd because their claim had been submitted, and payment had been agreed to, before they had reached an agreement with the airline.
3.4 The Client agrees that whether compensation was received through the efforts of Flight Reclaim Ltd, the Client, or a third party, the matter is irrelevant according to the terms of Paragraph 3.2.
3.5 Where necessary, the Client authorizes Flight Reclaim Ltd to refer all legal action against the airline(s) on his/her behalf, and in his/her absence to BPS Law LLP.
3.6 When the airline sends any or all of the compensation directly to the Client, the Client must inform Flight Reclaim Ltd immediately. If the Client fails to do so they will be held responsible for payment of additional fees incurred during the pursuit of their claim—legal, administrative, or otherwise including that of Debt Collection services. The Client is also responsible for gathering fees from named passengers within the claim who have received payment directly from the Airline.
3.7 In instances where Compensation is paid from the Airline to an individual who booked on behalf of the Client, the Client is liable for Flight Reclaim’s Fees in accordance with Paragraph 3.1. Flight Reclaim Ltd are also entitled to any interest recovered by the Client from the airline.
3.8 Where an airline contacts the client directly either by phone, by post or by email, the client agrees to promptly inform Flight Reclaim Ltd of this and agrees to forward any information requested should this be relevant to the customers claim.
3.9 The client agrees that when Flight Reclaim Ltd receives the customers signed letter of authority, Flight Reclaim Ltd will pursue a claim on their behalf and for any other passengers that have been advised of by the client. It is the responsibility of the lead claimant to make all passengers aware that they are making a claim on their behalf.
3.10 In the event the claim is successful any compensation due may be paid to the client as the parties main representative or any compensation may be paid to each individual passenger. In the event any compensation for all passengers within the party is paid directly to the client, it will be the clients responsibility to arrange disbursement of these funds to any passenger detailed on the letter of authority.
3.11 In the event any compensation is paid directly to Flight Reclaim Ltd, we will deduct our fees and make payment to our client, as the main representative of the party. This will occur 30 calendar days following receipt of payment so that Flight Reclaim can ensure no refund is due resulting from an erroneous payment and/or that we have assurance the payment has been correctly allocated to your case. The obligation of disbursement of funds to any passengers within the party will lie with our client. I further authorise that any cheque in respect of my claim for damages arising out of the above mentioned flight be drawn in favour of my delegated representatives, Flight Reclaim Ltd or their Solicitors, BPS Law LLP, or endorsed as necessary.
3.12 Pursuant to our no-win, no-fee agreement, Flight Reclaim
Ltd agrees that no payment shall be made by the Client to Flight Reclaim Ltd in an instance where the claim has been undertaken to the fullest by Flight Reclaim Ltd and has proved unsuccessful.
3.13 Cancellation Rights and Charges – the Client may terminate this agreement within the 14 day Cooling Off Period and the Client will owe Flight Reclaim Ltd nothing. Flight Reclaim Ltd may at its sole discretion decide not to proceed with a Claim and cancel this agreement at any time but Flight Reclaim Ltd must act reasonably in making such a decision. If the Client terminates this Agreement at any time after the cooling off period for any reason, Flight Reclaim Ltd will charge a cancellation charge which will be reasonable and proportionate to the work done and costs incurred by Flight Reclaim Ltd up to the point of cancellation. If a client decides to terminate this agreement after an offer of compensation has been made Flight Reclaim Ltd shall be entitled to charge the client a cancellation fee equal to the fee that would be payable under Article 3, section 3.1 on the above compensation.
Article 4: Data and information from the Client / Fraud
4.1 Upon the request by Flight Reclaim Ltd, the Client must supply any data or information required by Flight Reclaim Ltd to execute the Agreement. The Client agrees that all information and data provided, including their email address, are complete and accurate.
4.2 All communications to and from Flight Reclaim Ltd and the Client will either be by phone, email or by written correspondence issued by post.
4.3 All incidents involving knowingly providing false and/or untrue information and data and of any manner of fraud must be notified.
4.4 The Client agrees that Flight Reclaim Ltd is fully indemnified in all respects for any third-party claims including, but not limited to, false client communications and/or the provision of false data and information and/or any manner of fraudulent conduct.
Article 5: Disclaimers
5.1 Flight Reclaim Ltd does not make any promise that the website, the Complaint Package or software will be of satisfactory quality; meet your requirements; be fit for any particular purpose; be compatible with all systems; provide secure or accurate information; and does not infringe on the rights of third parties. We do not guarantee any specific results from using our services or our Complaint Package.
5.2 This website and any part of it are not intended to constitute advice and its content is not to be relied upon for making decisions or taking any kind of action.
Article 6: Availability of the Web Site
6.1 Flight Reclaim Ltd does not accept any responsibility for any form of disruption or unavailability of the website or software that has resulted from any external cause including, but not limited to, power failure, natural events and disasters, failure of the host equipment, failure of the communications network, censorship, legal restrictions, and acts of war.
Article 7: Liability and Indemnity
7.1 Flight Reclaim Ltd will do everything in its power to guarantee the highest-quality products and services. Nevertheless, Flight Reclaim Ltd accept no liability for final quality or the manner in which the products and services are carried out.
7.2 Flight Reclaim Ltd will base the content of a specific product or service on information provided by the Client but is in no way responsible for any consequence arising from the inaccuracy of said information.
7.3 Flight Reclaim Ltd is never liable for any indirect losses to the Client including, but not limited to, consequential and trading loss, loss of orders and profit, emotional damage and so on.
7.4 The liability as discussed in the previous paragraph of Flight Reclaim Ltd, and any other liability arising from further facts or circumstances, can never exceed the invoice value, inclusive of VAT, of the relevant product or service provided, or the redelivery of said product or service at the discretion of Flight Reclaim Ltd and to the extent that Flight Reclaim Ltd can provide similar services.
7.5 With no bias to the provisions of the previous paragraph, the liability of Flight Reclaim Ltd is limited to the sum paid by its liability insurance according to the loss in question in a particular case.
7.6 With no bias to the provisions of the previous paragraphs in this article, Flight Reclaim Ltd can never be held responsible for any loss, on any basis, that arise from facts and circumstances that can be attributed to third parties appointed by you, even when these third parties ultimately carried out that work at the request of Flight Reclaim Ltd. With respect to these third parties, you are entirely warranted to your own decision, and the work carried out by these parties will be completely at your own risk and expense or the risk and expense of said third parties.
7.7 The statutory liability of Flight Reclaim Ltd is not affected by the previous paragraphs on the basis of binding legal provisions.
Article 8: Personal data
8.1 In order to carry out the Agreement, Flight Reclaim Ltd may require personal data from the Client. Flight Reclaim Ltd will comply with privacy laws including the Data Protection Act.
8.2 Unless receiving express permission from the Client, Flight Reclaim Ltd will not give out any data to third parties that could compromise their privacy.
8.4 Upon the request of the Client, Flight Reclaim Ltd will remove data from its database concerning them. In addition, the Client may have his or her data altered online. Flight Reclaim Ltd will provide the Client a detailed list of their recorded data upon their request.
Article 9: Remaining conditions
9.1 Flight Reclaim Ltd have the authority to change or alter these Terms and Conditions and/or create further supplementary conditions at any time.
9.2 If any party fails to exercise their rights contained herein, this will not be considered a waiver of their rights.
9.3 In the case that a conflict arises between these Terms and Conditions and any prior versions thereof, the provisions stated in these Terms and Conditions will prevail unless it has been expressly stated otherwise.
Article 10: Applicable law / disputes
10.1 Any and all contracts the Client enters into via this website with Flight Reclaim Ltd are governed by the law of England and Wales. With respect to the law, these Terms and Conditions apply as an addition thereto and, so far as statutory provisions do not prevent this, as a departure therefrom.
10.2 Any dispute arising between Flight Reclaim Ltd and the Client will be settled by the relevant court in England.