Unless the context requires otherwise, the capitalised terms used in these terms and conditions (“T&C”), shall have the meanings indicated below:“Agreement” shall mean an assignment agreement / power of attorney between the Service user and Right Claims that is concluded after acceptance of T&C by the Service user, which is signed by electronic means provided in Right Claims website and/or app. In case that the transfer of the Service user’s rights is not accepted, the Agreement is also considered as the Service user’s expressed and irrevocable authorisation exclusively for Right Claims or someone Right Claims appoints to deal on the Service user’s behalf, for all purposes related to the Claim including court litigation and reception of payments.“Claim” means any claim against an airline for monetary compensation pursuant to Flight Compensation Regulation.“Service user” shall mean any natural or legal person that has accepted T&C and is seeking for Flight Compensation with the help of Right Claims.
For the avoidance of doubt, in case of a legal person, the legal person itself as opposed to its employee shall be considered as the Service user and shall assume all rights and obligations provided in the Agreement including receiving Flight Compensation.“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.“Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.“Flight Compensation” means total amount of money paid by an airline in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Service user or Right Claims after the Service user has accepted T&C. For avoidance of doubt, Flight Compensation do not include any payments of attorney’s, court fess, collection cost, interest or similar, which payments shall belong solely to Right Claims.“Privacy and Data Protection Requirements” shall mean all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether mandatory or not).“Proceedings” shall mean a process when Right Claims fills the Claim with a court, ADR, aviation regulatory agencies, consumer protection agencies and/or governmental body or handling over the Claim to contracted legal representative, such as an attorney or law firm.“Right Claims” means a platform designated for securing compensation of air passengers for delayed, cancelled and/or overbooked flights.
The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.1. AGREEMENT1. The Service user automatically and simultaneously accepts T&C which is considered as the basis of any other documents to be concluded between the Service user and Right Claims, including the Agreement on the basis of which Right Claims shall pursue the Claim against an airline.2. Right Claims has discretion to conclude the Agreement with the Service user upon the decision to pursue the Claim3. Right Claims uses online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Service user does not have to print, sign and return the Agreement by registered mail.
4. By entering into an Agreement, the Service user warrants that he/she is authorised and has legal capacity to enter into the Agreement.5. The Service user warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Service user and the airline in the same matter. After conclusion of the Agreement, the Service user shall not negotiate with the airline and shall forward to Right Claims all related correspondence. For the term of the Agreement, the Service user undertakes not to conclude any similar agreement with companies competing with Right Claims to act in the interest of the Service user, take legal action or dispose of the Claim.6.
The Service user undertakes to provide Right Claims with all data and/or information that is required for the execution of the Agreement.7. Right Claims shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by airlines shall be accepted, except if otherwise suggested by Right Claims if it believes airline proposes sufficient compensation for the Service user.2.
PURSUING OF THE CLAIM1. Flight data in relation to the Claim may be submitted to Right Claims preferably via Right Claims’s website, mobile app, email and/or any other electronic or software solutions supported by Right Claims. After such data is received, Right Claims shall assess the merits of the flight and whether a Claim on the grounds of such flight data could be successful.
If Right Claims estimates that the flight data provided by the Service user is sufficient and Claim could be successful, the Service user shall be required to sign the Agreement.2. Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.3. When the Agreement is concluded, Right Claims immediately refers to the airline with a request for payment. Initially, Right Claims shall start the Claim in a friendly manner in order to avoid litigation.4.
Provided the airline refuses to satisfy the Claim after Right Claims has reached the respective airline, Right Claims is entitled to initiate Proceedings to pursue the Claim.5. During Proceedings, the legal representative of Right Claims shall be granted access to all data provided by the Service user to Right Claims in order to successfully pursue the Claim. If third parties require any additional documents proving the representation by the legal representative, other than the Agreement, the Service user, with the guidance of Right Claims, shall immediately provide to the legal representative any such documents.6.
If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Proceedings is unlikely to succeed, the Service user will be informed and Right Claims will pursue the Claim no further. Such notification of the Service user shall mean that the collection assignment has ended.7. If Proceedings are initiated to pursue the Claim, the Service user shall be exempt from any costs incurred in the event the Claim is lost.
In case of success or settlement in Proceedings, Right Claims shall cover any costs incurred that are not covered by the respective airline. Provided that the Claim is successful and the Service user receives compensation, the Service user agrees that all costs incurred by Right Claims and claimed from the airline goes to Right Claims.8. The Service user and Right Claims confirm their acknowledgment that Right Claims has sole discretion to accept and/or reject any settlement offer in accordance with experience with respective airline. The Agreement is considered as sufficient legal grounds for such discretion to be effective.9. Right Claims point out that pursuing such claims as the Claim by the court may take considerable time and that Right Claims cannot influence how quickly the Claim can be asserted.3.
FEES AND PAYMENT1. Right Claims pursues the Claim free of charge. Provided the Claim is successful and the Flight Compensation is received by Right Claims, it shall transfer 75% of the Flight Compensation to the Service user, and Right Claims shall receive 25% of such Flight Compensation which shall be considered as performance fee. Any fees under T&C include applicable VAT.2. The Service user agrees that if friendly arrangement with airline is not reached regarding the Claim, Right Claims shall commence Proceedings which shall result in the performance fee which is paid to Right Claims indicated in Section 3.1 to be increased but not more than 50 % of the Claim size.3.
If the Service user provides incorrect or incomplete data and Right Claims incurs additional costs due to such misinformation, Right Claims shall deduct such costs from the Flight Compensation and the remaining amount of the Flight Compensation shall be transferred to the Service user.4. As the registered office of Right Claims is located in the United Kingdom, the amount of VAT to be paid is stipulated by the laws of the England and Wales in accordance with the legally stipulated rate.5. If the Service user has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Right Claims, Right Claims is entitled to deduct all external cost imposed upon Right Claims. If the Service user, after several reminders and reasonable endeavours from Right Claims to contact the Service user by any other means than email provided by the Service user, does not respond to correct or provide information needed to pay the respective part of the Flight Compensation, Right Claims shall be entitled to keep the whole amount of the Flight Compensation.
6. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer.7. To save bank costs, in case of shared booking, Right Claims shall transfer all payments to a single account if the Service users give Right Claims clearance to do so.
8. Right Claims shall not be liable for any checks, prepaid debit cards, credit cards and similar lost in transit to the Service user, as well as for any effect of the Service user giving wrong bank account information.9. If the Service user requests so, Right Claims shall provide an electronic invoice via email for any services delivered and fees charged by Right Claims.10.
Right Claims shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to, strike, lock-out, labor dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.4. COOPERATION BY THE SERVICE USER1. The Service user warrants that data and information provided by the Service user to Right Claims in relation to the Claim is correct, complete, true and not misleading.
The Service user shall keep Right Claims indemnified for any claims which arose due to incorrect information provided by the Service user and/or lack of cooperation or improper cooperation by the Service user.2. Before engaging in the services of Right Claims, the Service user has not disposed of the Claim in any other manner, nor has engaged a third party to enforce the Claim.
3. The Service user shall with or without a specific request provide Right Claims with all the data and documents that are required for processing the Claim, e.g. boarding pass, delay notification, correspondence with the airline or order on secondment.4. If the Service user receives any direct payment or any other type of compensation, e.g. flight voucher, from the airline after engaging Right Claims’s services, the Service user is obligated to inform Right Claims immediately.
In such case, the Service user shall be obliged to pay Right Claims the commission indicated in Section 3.1 in the bank account provided in the contact column of Right Claims’s website or any other bank account provided by Right Claims in a written form.5. If the Service user provides incorrect or incomplete data or if the Service user withheld from Right Claims that the Service user has already received compensation from the airline for the respective Claim and Right Claims is not able to collect Flight Compensation or loses during the Proceedings, Right Claims reserves the right to assert its claim against the Service user for the resulting damage.
5. TERMINATION AND WITHDRAWAL1. The Agreement is terminated immediately:• when Right Claims accepts and receives the Flight Compensation in full from the airline and part of the Flight Compensation has been transferred to the Service user after deduction of all applicable fees; or• when Right Claims considers that the Claim shall not be successful after conducting an in-depth review of the Claim and the Service user is informed regarding such decision; or• in case of incorrect data/information and fraudulent conduct by the Service user upon decision by Right Claims; or• upon decision of the Service user without stating reasons within 14 days since conclusion of the Agreement by submitting a withdrawal request by email.2. At any times, in case of termination of the Agreement and T&C by the Service user after contractual work has already been performed or after Right Claims and/or legal representatives have commenced Proceedings, Right Claims is entitled to charge the Service user administration costs, as well as adverse costs incurred, court fees, costs of services, other bailiff’s costs, extrajudicial collections cots, authorised representative’s fees, additional fees and other costs incurred.
The Service user shall pay the amount indicated in this Section above within 14 days after receipt of an invoice by Right Claims.3. If the Service user is a consumer pursuant to EU-consumer regulations, i.
e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement.6. FINAL PROVISIONS1. Right Claims is authorised to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Service user to be updated with any such alterations. If any such alterations are negative from the Service user’s perspective, the Service user shall have to approve such alterations in order for amended T&C to be applied to the respective Service user2. The laws of England and Wales apply to T&C, the Agreement and/or any other document concluded in relation to this T&C and the Agreement, except if otherwise agreed in the specific document which is satisfactory to Right Claims.
3. Right Claims will use the Service user’s and, if applicable, its employees personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Right Claims’s Data Protection Policy.4.
In case the Service user is a legal entity, it warrants and represents that:• the personal data provided by such to Right Claims has been collected and is to be provided to Right Claims at all times in accordance with the Privacy and Data Protection Requirements;• for the purposes of this Agreement Right Claims will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which Right Claims may carry out under this Agreement.5. Any dispute, controversy or claim, arising out of or relating to T&C, its breach, termination or validity shall be finally settled in the respective court of England and Wales subject to the rules of jurisdiction6.
The Service user is not entitled to assign or transfer all or any part of its rights and obligations under T&C, the Agreement and/or any other document in relation to T&C without a prior written consent of Right Claims.7. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Right Claims will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Right Claims and the Service user. Right Claims will put all their best efforts into ensuring the implementation of all the provisions hereof.
8. In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.
