1. USE AND NATURE OF OUR SERVICES

Use of Our Services

1.1 By accepting these Terms and using our Services, you confirm that you are:

      1.1.1 A natural person who has reached the age of legal majority in your country of residence and who has the legal capacity to enter into legally binding agreements under applicable law; and

      1.1.2 A person duly authorized to accept these Terms and any Service-specific terms on your own behalf and, where applicable, on behalf of other passengers.

Nature of Our Services

1.2 Air Claim SA provides services intended to assist air passengers in managing the consequences of flight disruptions. The Services may be modified from time to time and include, without limitation, facilitating the processing of claims on behalf of passengers vis-à-vis air carriers, enforcing air passenger rights (including, without limitation, the pursuit of compensation) arising from delayed or cancelled flights and/or other related issues.

1.3 Air Claim SA is not a law firm, does not act as an attorney-at-law on your behalf, and does not directly provide legal services. However, in the course of providing the Services and in accordance with these Terms and the applicable Forms, Air Claim SA may cooperate with attorneys and/or law firms for the purpose of undertaking legal actions or other necessary measures.

2. DEFINITIONS

In these Terms, the following defined terms shall have the meanings set forth below:

2.1 “AC Signature” means a signature provided by you electronically via the online signing tool made available by Air Claim SA and shall be deemed equivalent to a handwritten signature. Where an online signature cannot be provided, a handwritten or scanned signature may be used.

2.2 “Air Claim SA” means Air Claim SA, a company having its registered office at BD. Pipera, No. 1/VI Hyperion Towers, Office Space No. 3, 3rd Floor, Voluntari, Ilfov County, Romania,registered with the Trade Register Office attached to the;Ilfov Tribunal, VAT number (CUI) 39395976, registration number J2023016631402.

2.3 “Air Claim Group” means any legal entity that directly or indirectly controls, is controlled by, or is under common control with Air Claim SA, whether through shareholding, voting rights, contractual arrangements, or any other means.

2.4 “Air Claim Third Party” means any natural or legal person that has entered into a contractual relationship with Air Claim SA in order to assist, directly or indirectly, in the provision of the Services to the Client.

2.5 “Airline” means the commercial air carrier that operated the flight in respect of which the Services may be provided.

2.6 “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or case law, whether enacted or applied at state, federal, European Union, national, international, or regional level, pursuant to which a passenger may be entitled to claim financial compensation, damages, or refunds in cases of overbooked, delayed, cancelled, or otherwise disrupted flights, or baggage-related issues. These include, without limitation, Regulation (EC) No 261/2004, equivalent national regulations, and the Montreal Convention of 1999.

2.7 “Assignment Agreement” means the document, in electronic or other form, pursuant to which the Client and Air Claim SA agree that Air Claim SA shall become the holder of the Claim for the purpose of collecting and receiving payments, in accordance with the terms of such document.

2.8 “Compensation Claim Agreement” means the document by which the Client authorizes Air Claim SA and/or an Air Claim Third Party to act on the Client’s behalf in relation to the Claim, in the form of a power of attorney or an equivalent instrument, as required under the applicable jurisdiction.

2.9 “Claim” means any request or demand for monetary compensation, damages, or refunds asserted against an Airline or any other liable party, pursuant to the Air Passenger Rights Regulations or as a result of goodwill payments.

2.10 “Compensation Service” means the service whereby Air Claim SA, either alone or together with members of the Air Claim Group and/or Air Claim Third Parties, submits and manages a Claim on behalf of the Client or in its own name. The service may include the initiation of Legal Proceedings.

2.11 “Client” means the natural person who accepts these Terms and uses the Services of Air Claim SA and may also be referred to as the “Passenger”.

2.12 “Discretion” means the right of Air Claim SA to make decisions regarding a Claim based on its internal assessments, experience, and the applicable legal framework.

2.13 “Eligible Claim” means a Claim that Air Claim SA has assessed and determined, in its sole discretion, to be suitable for the provision of the Compensation Service.

2.14 “Eligibility Service” means the service provided by Air Claim SA to determine whether a Claim qualifies as an Eligible Claim.

2.15 “Flight Compensation” means the total amount of money or other benefits obtained from the Airline in relation to a Claim, excluding legal costs, interest, and expenses recovered separately.

2.16 “Co-travelling Passenger” means any passenger included by the Client in the documentation related to the Claim.

2.17 “Form” means any document, including but not limited to an Assignment Agreement, power of attorney, or other documents required for the provision of the Services by Air Claim SA.

2.18 “Lawyer” means any attorney-at-law or law firm engaged by Air Claim SA for Legal Proceedings or other legal services related to a Claim.

2.19 “Legal Proceedings” means the initiation and conduct of judicial or administrative proceedings, including the submission of a Claim before courts, competent authorities, or through a Lawyer.

2.20 “Legal Costs” means all fees and expenses incurred by Air Claim SA or the Client in connection with Legal Proceedings, including attorney’s fees, court fees, translation costs, enforcement, or collection costs.

2.21 “Withdrawal” means the process by which the Client or Air Claim SA withdraws from the provision of the Compensation Service in accordance with these Terms.

2.22 “VAT” means any applicable value-added tax system.

 

3. ELIGIBILITY AND INFORMATION SERVICE

Initial Stage  

3.1 After you have accepted these Terms, Air Claim SA shall provide you with the Eligibility Service and the Information Service in order to determine whether, at its sole Discretion, Air Claim SA considers that you have an Eligible Claim.

3.2 Where Air Claim SA makes such a determination, Air Claim SA shall provide you with the Form. The purpose of the Form is either (i) to transfer ownership of the Claim to Air Claim SA, enabling Air Claim SA to act in its own name, or (ii) to authorize Air Claim SA to act on your behalf, thereby allowing it to engage, directly or indirectly, with Lawyers, the Airline or its representatives, and/or courts or competent authorities for the purpose of obtaining Flight Compensation.

3.3 The provision of the Information Service or the Eligibility Service by Air Claim SA shall not constitute a binding offer to provide any other Services, including, without limitation, the Compensation Service

4. COMPENSATION SERVICE

Submission of the Form

4.1 Prior to the commencement of the Compensation Service, you shall be required to:

       4.1.1 authorize the AC Signature on the Form, by which you confirm that:

               4.1.1.1 you agree to receive the Compensation Service;

               4.1.1.2 you acknowledge and agree that Air Claim SA shall, as a matter of principle, seek only monetary Flight Compensation, and that it is within the sole discretion of Air Claim SA to accept travel vouchers and/or other non-monetary benefits as Flight Compensation. Any offer by the Airline of non-monetary compensation may be treated by Air Claim SA as a refusal by the Airline to pay Flight Compensation;

               4.1.1.3 you declare that you are not pursuing the Claim through any other means, whether directly or through third parties, and that no legal proceedings are pending or threatened, directly or indirectly, between you and the Airline in relation to the same Claim.

4.2 If you have any existing mandates, assignments, authorizations, or powers of attorney in connection with your Claim, these must be revoked without delay.

4.3 Failure to complete the steps set out above shall result in Air Claim SA not providing the Compensation Service.

4.4 Upon receipt and review of the Form, Air Claim SA shall confirm to you in writing, by email or other written means of communication, whether it will commence the provision of the Compensation Service. Air Claim SA may, at its Discretion, decide to proceed with or decline the provision of the Compensation Service, or request additional information or documentation prior to its commencement.

4.5 Following execution of the Form:

     4.5.1 you may not assign the Claim to any other party, as the rights to the Claim have already been assigned or delegated to Air Claim SA;

     4.5.2 you may not appoint, mandate, or authorize any other third party to act on your behalf in relation to the same Claim. 

4.6 If you receive directly from the Airline any payments or other forms of compensation after the conclusion of the compensation agreement, you are obliged to inform Air Claim SA without delay. Such payments shall be deemed Flight Compensation and shall entitle Air Claim SA to claim the Service Fee and, where applicable, the Legal Action Fee, provided that Air Claim SA initiated Legal Proceedings prior to your receipt of such payment.

4.7 After submission of the Form, you must cease any direct negotiations with the Airline and forward to Air Claim SA without delay any communication received from the Airline relating to your Claim.

4.8 The Passenger acknowledges and agrees that, if, after execution of the Form and/or the Assignment Agreement or the Compensation Claim Agreement, the Passenger receives or collects directly from the Airline (the debtor) any sums of money or other benefits by way of compensation, refund, damages, or otherwise, without informing Air Claim SA and without transferring such amounts to Air Claim SA, Air Claim SA reserves the right to take all necessary legal measures against the Passenger to recover the full damage suffered, including unlawfully received amounts, penalties, interest, and related costs. Client’s Representative

4.9 If you act as a representative or on behalf of one or more passengers, you must obtain a valid power of attorney in advance and provide evidence thereof upon Air Claim SA’s request.

4.10 In the case of minor passengers, you shall provide their complete details, including full name and date of birth, as well as the names and signatures of their parents or legal guardians.

Commencement of the Compensation Service

4.11 Where Air Claim SA has notified you in writing of the commencement of the Compensation Service, Air Claim SA shall provide the Compensation Service for the purpose of obtaining Flight Compensation either on your behalf or in its own name, as applicable.

4.12 4.12 You shall provide Air Claim SA with all data and information necessary for the provision of the Compensation Service. You warrant that all information provided is accurate, complete, and authentic and, where applicable, that it is provided with the consent of any co-travelling passengers.

4.13 4.13 Air Claim SA may request additional information, including but not limited to:

        4.13.1 4.13.1 the passenger’s full name, email address, telephone number, type of disruption (delay, cancellation, denied boarding/overbooking), duration of the delay, reason for the delay (if known), name of the Airline, flight number, flight date, place of departure and arrival, and a description of the incident;

        4.13.2 4.13.2 additional forms or documents, which may be submitted via electronic means accepted by Air Claim SA or by post.

4.14 You acknowledge that failure to provide such information may adversely affect Air Claim SA’s ability to provide the Compensation Service.

Flight Compensation and Legal Proceedings

4.15 Upon receipt of the Form, Air Claim SA shall submit a payment request to the Airline and manage the related correspondence.

4.16 If the Airline fails to pay the Flight Compensation within a reasonable period of time, or if Air Claim SA determines, at its discretion, that payment is unlikely to be made, Air Claim SA may initiate Legal Proceedings.

4.17 Where Legal Proceedings are initiated and Flight Compensation is obtained, the Client shall owe Air Claim SA, in addition to the Service Fee, a Legal Action Fee in accordance with the applicable fee schedule.

4.18 Where a Lawyer is engaged, you agree that Air Claim SA may provide the Lawyer with all data necessary for the initiation and conduct of the Legal Proceedings.

4.19 If Air Claim SA or the Lawyer initiates Legal Proceedings, Air Claim SA shall bear the associated Legal Costs, even in the event of an unsuccessful outcome. In the event of a successful judgment or an amicable settlement, any reimbursement of Legal Costs, interest, or other ancillary amounts shall accrue to Air Claim SA.

4.20 The Client acknowledges and agrees that obtaining Flight Compensation and the completion of Legal Proceedings may take a considerable period of time.

Settlements

4.21 Air Claim SA may, at its Discretion, propose, negotiate, accept, or reject individual or collective settlements of Claims.

4.22 The Client confirms that the decision to accept a settlement rests exclusively with Air Claim SA, to the extent that the Claim has been assigned to or is being managed by Air Claim SA pursuant to an Assignment Agreement or a Compensation Claim Agreement.

4.23 You are responsible for providing accurate and up-to-date information necessary for the continued provision of the Compensation Service. Air Claim SA shall not be liable for any incorrect communications, documents, data or information, or for any fraudulent conduct attributable to you. Where you have deliberately provided false or misleading information, in addition to any other remedies available to Air Claim SA under these Terms, you shall indemnify Air Claim SA, upon its request, for any Legal Costs incurred.

Bona Fide Compensation

4.24 In jurisdictions where the legal framework governing air passenger rights is less developed and the likelihood of obtaining statutory Flight Compensation is low, Air Claim SA may, with the Client’s consent, seek to obtain bona fide compensation, whether monetary or in kind.

How Air Claim SA Makes Decisions Regarding a Claim

4.25 Air Claim SA shall exercise its discretion when making decisions regarding the pursuit of a Claim, including whether to initiate Legal Proceedings, accept or reject a settlement offer, withdraw the Claim, or pursue bona fide compensation.

4.26 Air Claim SA’s Discretion shall be exercised on the basis of a range of factors, including, without limitation, the applicable legal framework, competent jurisdiction, Legal Costs, the Airline’s prior conduct, the estimated duration of proceedings, the quality and completeness of the information provided by the Client, legal assessments, and Air Claim SA’s experience with similar claims.

5. FEES AND PAYMENTS

Our Fees

5.1 Our fees consist of a price list setting out all fees, charges, and remuneration payable to Air Claim SA for the provision of its Services.

5.2 Air Claim SA provides the Eligibility Service and the Information Service free of charge.

5.3 Air Claim SA provides the Compensation Service on a no-win, no-fee basis, unless and until Air Claim SA successfully obtains Flight Compensation on your behalf.

5.4 Where Air Claim SA’s efforts are successful, Air Claim SA shall transfer the Flight Compensation to you, after deducting the Fees due in accordance with the applicable fee schedule.

5.5 Where you have provided incorrect or incomplete payment details and any amounts transferred to you as Flight Compensation are returned to Air Claim SA, Air Claim SA shall make reasonable efforts to contact you, including by email reminders or other means of communication provided by you. If you fail to provide correct payment details within a reasonable period of time, Air Claim SA shall be entitled to retain the portion of the Flight Compensation that should have been transferred to the Client.

5.6 Where Flight Compensation and/or Legal Costs, interest, or other similar amounts are paid directly to you by the Airline:

      5.6.1 you shall inform Air Claim SA of such payment as soon as reasonably possible;

      5.6.2 an invoice shall be issued to you, and you shall be obliged to pay to Air Claim SA, without undue delay, Our Fees, Legal Costs, interest, or any other amounts due.

5.7 Where Air Claim SA has paid the Flight Compensation in accordance with the instructions and payment method selected by the Client, Air Claim SA shall not be liable for any consequences arising from the Client’s provision of incorrect bank account details, address, or other similar information, including, without limitation, payment of the Flight Compensation to an incorrect recipient. Where Flight Compensation has been paid to an incorrect recipient due to the Client’s fault, Air Claim SA shall have no obligation to actively recover such amounts.

5.8 The Client shall not be entitled to claim interest on the Flight Compensation for the period between Air Claim SA’s receipt of the funds from the Airline and the transfer of such funds to the Client. Air Claim SA reserves the right to retain any interest recovered from the Airline, including interest obtained as a result of Legal Proceedings.

5.9 Air Claim SA shall not be liable for any compensation, damages, or similar claims where it is prevented from transferring payment to the Client due to events beyond Air Claim SA’s reasonable control, including, without limitation, strikes, lockouts, force majeure events, natural disasters, war, riots, civil unrest, intentional sabotage, compliance with any law, governmental order, regulation or mandatory instruction, accidents, failures of facilities or equipment, fire, floods, or storms.

5.10 The Service Fee and, where applicable, the Legal Action Fee shall apply to any type of settlement through which Air Claim SA obtains Flight Compensation, whether such compensation is obtained by court judgment, amicable settlement with the Airline, or as part of a collective settlement together with other Claims. 

6. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal from the Compensation Service 

6.1 If you qualify as a consumer under the consumer protection regulations of the European Union (EU), the European Economic Area (EEA), and the United Kingdom, meaning that you are a natural person acting for purposes outside your trade, business, or independent professional activity, you are entitled to a statutory right of Withdrawal.

6.2 You have the right to Withdraw from the Compensation Service within fourteen (14) days from the date on which the provision of the Compensation Service commenced, without incurring any costs and without being required to provide any reason. To exercise your right of Withdrawal, you must submit a clear statement of your intention to Withdraw (for example, by letter, email, or contact form) within the aforementioned 14-day period.

6.3 Given the nature of the Services provided, you acknowledge and agree that the right of Withdrawal may not be exercised where Air Claim SA has already completed the provision of the Compensation Service at the time the Withdrawal request is received.

6.4 The Withdrawal notice shall be sent to the following contact details:

E-mail: contact@airclaim.com

For the exercise of the right of Withdrawal, you may use, but are not obliged to use, the following model withdrawal form:

Model Withdrawal Form

I hereby notify you of my withdrawal from the contract for the provision of the Compensation Service concluded with Air Claim SA.

Claim number:

Date of Claim submission:

Client name:

Client address:

Client signature (if applicable)::

Date:

*End of model withdrawal form

6.5 Upon expiry of the fourteen (14)-day Withdrawal period, Withdrawal from the Compensation Service may only be effected in accordance with the provisions of these Terms.

Withdrawal by Air Claim SA from the Provision of the Compensation Service

6.6 Air Claim SA shall be entitled to withdraw from the provision of the Compensation Service where it identifies obstacles beyond its reasonable control that prevent the recovery of Flight Compensation for the Client. Such obstacles may include, without limitation, the insolvency of the Airline, the impossibility of conducting legal proceedings, court closures, quarantine or isolation measures, the absence of a sufficient legal basis, or a disproportionately low value of the Flight Compensation. In such cases, Air Claim SA shall notify the Client and close the Claim without charging any fees.

Termination of the Compensation Service

6.7 The Compensation Service shall be deemed terminated when:

    6.7.1 the Claim has been finally resolved with the Airline;

    6.7.2 Flight Compensation has been obtained and transferred to the Client;

    6.7.3 all amounts due by the Client to Air Claim SA, if any, have been paid in full.

Termination for Breach of the Terms

6.8 Air Claim SA may terminate the provision of the Services with immediate effect if:

     6.8.1 the Client fails to comply with the obligations assumed under these Terms or under applicable law;

     6.8.2 the Client provides incorrect, incomplete, or false information or engages in conduct that Air Claim SA may reasonably consider misleading or fraudulent.

6.9 In such cases, the Client shall not be entitled to Flight Compensation or any other payments, and Air Claim SA reserves the right to recover any damages suffered.

Consequences of Withdrawal and Termination 

6.10 Upon Withdrawal or termination of the Compensation Service for any reason, the Client shall immediately pay all amounts due to Air Claim SA in accordance with these Terms, including where the Withdrawal occurs after the Airline has confirmed payment of the Flight Compensation.

6.11 In the event of Withdrawal or termination, Air Claim SA shall reassign the Claim to the Client, unless otherwise provided by law or by the executed documents.

6.12 Where the Client Withdraws from the Compensation Service or the Service is terminated as a result of the Client’s breach of these Terms, Air Claim SA shall be entitled to claim:

        6.12.1 the Legal Costs incurred by Air Claim SA, where Legal Proceedings have been initiated;

        6.12.2 an amount equivalent to the Legal Costs that Air Claim SA is required to pay to the Airline pursuant to a court decision;

        6.12.3 the Service Fee and, where applicable, the Legal Action Fee, if the Client subsequently obtains Flight Compensation directly from the Airline.

7. DATA PROTECTION

7.1 All personal data collected and processed in connection with the provision of the Services by Air Claim SA shall be subject to Air Claim SA’s Privacy Policy, which describes how such data is collected, used, stored, and protected in accordance with applicable data protection laws, including Regulation (EU) 2016/679 (the General Data Protection Regulation – GDPR).

8. GENERAL PROVISIONS

Third-Party Services

8.1 Our Services may contain links to websites or interfaces of third-party providers for the booking of or access to services offered by such providers. Such websites and services are controlled by independent parties, and Air Claim SA exercises no control over them.

8.2 Although our Services may provide information about or facilitate access to services offered by third-party providers, this shall in no way constitute sponsorship, affiliation, recommendation, or endorsement of such third-party providers.

8.3 You hereby acknowledge and agree that Air Claim SA is not a party to any contract entered into between you and any third-party provider and shall not be liable for any errors, omissions, non-performance, or non-conformity of the services provided by such third parties, nor for any loss or damage, whether direct or indirect, caused or alleged to be caused by or in connection with the use of such services.

Disclaimer of Warranties and Limitation of Liability

8.4 Air Claim SA relies on multiple sources of information and data in providing the Services. While Air Claim SA makes reasonable efforts to provide accurate and up-to-date information, the Services may contain errors or omissions and are provided “as is” and “as available.”

8.5 Air Claim SA makes no warranties or representations that the provision of the Services will result in the recovery of Flight Compensation, that the Services will meet the Client’s requirements or expectations, or that the Services will be uninterrupted, secure, accurate, complete, or error-free.

8.6 The Client acknowledges and agrees that the use of the Services is at the Client’s own risk, to the fullest extent permitted by applicable law.

Versions and Amendments to the Terms

8.7 Air Claim SA reserves the right to amend, supplement, or update these Terms at any time. The most recent version of the Terms shall be made available on Air Claim SA’s website.

8.8 The use of the Services shall be governed by the version of the Terms in force at the time they are accepted by the Client. If you are unsure which version of the Terms applies to you, you may contact Air Claim SA using the contact details displayed on its website.

Governing Law and Jurisdiction

8.9 These Terms, the associated documents, and any contractual relationship between Air Claim SA and the Client, as well as any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by Romanian law, without prejudice to any mandatory consumer protection rules that would apply in the absence of such choice of law.

8.10 The Client may not assign or transfer any of its rights or obligations arising under these Terms without the prior written consent of Air Claim SA. Air Claim SA may assign or transfer its rights and obligations to an affiliated entity or to a designated third party, to the extent permitted by law.

8.11 If any provision of these Terms is held by a court or competent authority to be invalid, unlawful, or unenforceable, in whole or in part, such provision shall be replaced by a valid provision that most closely reflects the original intent, and the remaining provisions shall remain in full force and effect.

8.12 Any failure or delay by Air Claim SA to exercise any right under these Terms shall not constitute a waiver of such right.

8.13 In the event of any inconsistency between the Romanian-language version and any version in another language, the Romanian-language version shall prevail, unless applicable law provides otherwise.

Last updated: 5 January 2026