The terms listed in here will always carry this meaning whenever they will be mention in this exact form. They will be referred as “Terms”. Here is the list of them and their meaning:
- Authority Document: Just like the Assignment Form, this is just another document that the Client will receive from Air Claim SA, in order to give Air Claim SA the power to take action in the name of the Client for the scope of helping the Client to receive its compensation, minus the fee subtracted accordingly. The form of this document will vary in order to meet the demands of any relevant law and jurisdiction that will influence this process.
- Information Service: Air Claim SA will provide the Client with all the information necessary regarding flight, airline, airport or travel. In addition other information about passenger rights and laws will also be offered. Air Claim SA will use multiple means of communication in order to transmit such information.
- Price List: any information that will be provided on the website of Air Claim SA as well as other means of communications with the Client that will provide all the necessary details regarding fees and payments.
- Air Claim SA : this is a company registered in the European Union, with headquarter stationed from economic reasons in Romania, a country part of the EU.
- Assignment Form: This is the document through which, once the Client agrees to the Terms stated in here and signs it, Air Claim SA receives the right to own its claim and will be able to operate through it all the necessary procedures in order to obtain from the airline the compensations that the Client is entitled to.
- Regulation 261/04: on 11 February 2004 the European Parliament adopted the EC 261/2004 Regulation. These rules determined the compensation that a passenger is entitled to have in the case of flight delays, denied boarding or cancelation of flight.
- Client: any person that agrees with these Terms and accepted them.
- Eligibility Service: each Claim will be processed by one of the Air Claim SA operators. The process in which they determine if your Claim is valid and deserves compensation or not is considered as Eligibility Service. This Service will notify the Client if he or she is entitled to file a Claim. With this service Air Claim SA ensures that the chances of the Client to be paid are maximized. This Eligibility Service is available for all claims that falls under the EC 261 regulations.
- The Agreement: Only when the Client will accept the Terms he or she will be able to enter an agreement with Air Claim SA . In order for the Agreement to take place the Client need to sign the Assignment Form after agreeing with everything stated by the Terms. Same is valid regarding the Authority Document.
- Air Passenger Rights Regulation: any law or regulation issued by an authority part of the European Union with the legislative issuing power on local, national or the European Union level. These Rights refers only to those laws or regulations regarding monetary compensation, refunding or damage compensation to passengers resulting in the event of flight delays, cancelation, overbooking or flight disrupting.
- Flight Compensation: represents the entire sum that an airline will pay to the Client resulting from any of the incidence of the articles of EC 261. From such compensation the appropriate fee will be deducted by Air Claim SA later on upon receiving it.
- Claim: any compensation or refund that results from the Air Passenger Rights Regulation as long as any claim of that manner will be referred into these terms as Claim.
- Legal Action: the filing of a Claim that will result in pursuing such Claim with all our resources in order to collect the Client’s delayed flight compensation from the airline.
- As soon as the Client accepts these Terms then some responsibilities will befall on Air Claim SA . Among them the Information Service and the Eligibility Service that Air Claim SA agrees to provide. In addition the Clients also agree to receive them.
- Once the Terms are accepted by the Client and the Assignment Form or Authority Document is signed, the Client also will agree to receive Justice as a Service. In addition to this Air Claim SA agrees to deliver Justice as a Service for your claim within an appropriate time frame.
- The Client assures Air Claim SA that he or she is in the full legal capacity to enter the Agreement.
- The Clients understands that by delegating Air Claim SA to pursue a claim it will only refer to the compensation resulting from Flight Compensation. The Client agrees that the only compensation that Air Claim SA is to pursue is that stated by the monetary sums of the EC 261 regulations. Any other offers coming from the airline that do not meet these requirements will be deemed as refusal of payment from the part of the airline. Against such refusal Air Claim SA will continue to take the necessary steps to cause the airline to release the respective compensation.
- The Client offer assurance that agrees with the fact that there will not be any third party involved and also no other arrangement or agreement between itself and the airline without Air Claim SA knowledge or consent will be initiated or has been.
- Once the Client signed the Assignment Form or an Authority Document he or she may not pursue the Claim with the help of other party. If such arrangement exists prior to signing the agreement, it has to be canceled first before signing the Assignment Form or the Authority Document.
- Once the Client will signs the Assignment Form or an Authority Document, any negotiations with the airline must stop immediately and any further attempt from the airline to reach the Client must be relayed to Air Claim SA .
Justice as a Service
- Air Claim SA will demand from the airline Flight Compensation for the Claim of the Client. This will be done in conformity with the Client’s rights resulting from EC 261/2004.
- Any information or data regarding the flight of the Client will be offered to Air Claim SA through the means available on their website, phone, email or any other method presented by Air Claim SA.
- For Air Claim SA to be able to pursue the Claim of the Client, the Client needs to provide the Assignment Form or an Authority Document signed either by email or by the form presented on the Air Claim SA website. As a result Air Claim SA will arrange a request to the airline for the payment of the Client’s Claim. Once the airline will submit the compensation at the end of all necessary process and procedures Air Claim SA will deduct its fee from the received sum according to the Price List as part of Justice as a Service.
- If the airline will not cooperate and will delay the compensation in an unreasonable manner, Air Claim SA will pursue the Claim of the Client with different means as part of its Legal Action. In the event of Legal Action, Air Claim SA will not charge additional fees. Only the fees from the Price List will be considered at all time.
- In the event that all legal actions are depleted without results or the lawsuit is lost, Air Claim SA will cover all the costs. Also because there will be no payment to be received, Air Claim SA will not retain any fee from the Client.
The Fees and Payments
- Eligibility Service and information services will be provided by Air Claim SA with absolutely no expense from the Client. All of these services will retain no fee.
- In the eventuality that Air Claim SA will manage to obtain Flight Compensation then a fee will be retain from such compensation in accordance to the Price List.
- Once Air Claim SA subtracted the fee from the Flight Compensation, Air Claim SA will transfer the difference directly to the Client.
- If the Client do not communicate properly its personal information or stop responding to the attempts of Air Claim SA to reach him or her, Air Claim SA will keep the entire sum of the Flight Compensation for the Client, until he or she will manage to reestablish the communication.
- Once the payment of the Flight Compensation will be transferred to the Client by the methods and information that the Client provided, then Air Claim SA will be free of liability in case that the following situations will occur because of the Client’s fault: wrong address, wrong receiver. Air Claim SA will do its best to reclaim the sum and repair the situation but in case of failure it will not be liable.
- In case of fortuity or any other event regarded as an act of God, any event catastrophic or beyond the control of Air Claim SA, Air Claim SA will do its best to overcome it but it will not be liable in case of loss of the Flight Compensation.
The protection of data
- All the personal data that the Client will submit to Air Claim SA will only be used by the Air Claim SA to deliver Eligibility Service, Information Service and the compensation resulted from the Claim, according to the signed Agreement. This will be done in accordance to the EU regulation number 679 from 2016, terms that are also stated in the Privacy Statement.
- With the scope to be used under the Agreement terms the Client must make available to Air Claim SA his or her personal data. Air Claim SA will make sure that all of this sensitive information will be handled accordingly and will be offered only to third parties relevant to the pursue of the Claim under the following circumstances:
- With the consent of the Client
- With the intention to facilitate the pursue of the Claim of the Client
- To generate the documentation relevant to the Client interests
- If obligated by the legal process
The Data and Information that the Client needs to provide
- In the case of false information provided by the Client or ill intent from its behalf Air Claim SA will cease the Agreement effective immediately. Once that step was taken, the right for compensation of the Client will be nullified as well.
The right to withdraw from the Agreement
- According to the European Union’s laws and regulations regarding legal transactions, as a consumer, you will have the right to withdraw from this Agreement whenever you choose.
- Without providing any reason you will be entitled to renounce this Agreement in a time interval that must not be greater than 14 days, from the moment that you signed it. Doing so you will not have to provide any reason. For this to take effect you have to communicate it to Air Claim SA within a period of 14 days from the beginning of the Agreement. This also has to be done before the airline offers the acceptance of payment for your Claim because that would mean that the Agreement can’t be dissolved because it had been already resolved.
- Even though Air Claim SA reserve its rights to modify the Price List and any of the above Terms, without notice and at any time, these changes will not affect and will not apply to the Clients that already entered the Agreement on previous terms.
- If any provision of the above Terms is nullified due to legal considerations or any other motives the remaining terms will remain in effect.
- These Terms will only be interpreted by their meaning that they hold in the English language.