Enclosed please find the FlightClaimEU General Terms & Conditions. It is possible to read the text below or print the document.
Article 1: Definitions
Claim: claim from a claimant on the basis of Regulation 261/2004.
Claimant: every natural person, as stated by the client, making a claim.
Debtor: the party owing a debt to the client.
Client: every natural and/or legal person, his/her representative(s), authorised agent(s), successor(s) in title and/or heir(s) who has/have entered into an agreement with FlightClaimEU or who has/have instructed FlightClaimEU on behalf of the claimant(s) stated by him.
Agreement: the agreement to which the client is bound after acceptance of these general terms and conditions.
FlightClaimEU: the private limited company CCN B.V., with its registered office and principal place of business in Amsterdam, The Netherlands.
FlightClaimEU.com: Internet site of FlightClaimEU that offers airline passengers various options to exercise their rights, based on Regulation 261/2004.
FOP: Flight Observation Pack containing (if available) relevant flight, airport, press and weather data for a specific flight on a specific day.
No win-no fee rate: costs for the client and/or claimant(s) depending on the result achieved. If no positive result is achieved, no costs are charged for the services that have been provided on a no win-no fee basis. This only applies if explicitly indicated.
Refund desk: service where a claim can be submitted to FlightClaimEU.
Article 2: General
These general terms and conditions apply to all agreements between FlightClaimEU and the client and/or claimant(s), insofar as these conditions have not been explicitly derogated from by agreement in writing by the parties.
FlightClaimEU is at all times entitled to make changes to these general terms and conditions, except for the provisions as stipulated in Section 6:236, subsection i, of the Dutch Civil Code.
Insofar as FlightClaimEU, in the performance of the agreement, uses an intermediary/intermediaries and/or third party/parties, these general terms and conditions also apply to this/these intermediary/intermediaries and/or third party/parties.
FlightClaimEU reasonably endeavours to perform to the best of its knowledge and ability.
FlightClaimEU treats all personal information of the client confidentially and will not provide these to third parties. For more information please consult our privacy statement.
FlightClaimEU does not provide for any guarantees concerning a positive result.
All communication is conducted via the online dossier or via the client’s e-mail address held on record by FlightClaimEU.
Article 3: Agreements
All offers, made in whatever form, are without obligation and merely serve as an invitation to enter into an agreement, unless FlightClaimEU states otherwise.
An agreement is only formed if and insofar as the agreement has been confirmed by FlightClaimEU in writing, by means of an e-mail or otherwise, or when FlightClaimEU has performed the agreement.
By entering into an agreement with FlightClaimEU, the client declares that he/she is entitled to enter into this agreement or to issue the instruction on behalf of the (fellow) claimant(s) indicated by him.
FlightClaimEU is entitled to decide against entering into an agreement or to refuse a client and/or claimant(s), without stating the reasons. In that event, FlightClaimEU will notify the client thereof as soon as possible.
FlightClaimEU reserves the right to terminate (part of ) the agreement and/or (part of) the agreement on the basis of the Montreal Convention in the event of a situation which prevents a proper performance of the agreement, a situation which makes the relation with the client unworkable or at the discretion of FlightClaimEU.
FlightClaimEU is not obliged to fulfil an obligation for the client and/or claimant(s), if it is impeded in doing so as a result of a circumstance which is not attributed to FlightClaimEU, nor if FlightClaimEU is accountable for it by law, juristic act or generally accepted standards
All agreements concluded with FlightClaimEU are governed by Dutch law.
Article 4: Obligations of the client
The client is obliged to provide FlightClaimEU with all necessary data or information in advance or after filing a claim at FlightClaimEU’s request. The information provided by the client to FlightClaimEU must be truthfully. FlightClaimEU can in no way be held liable for the information being incorrect.
The client must in all cases fully cooperate in order to secure the successful settlement of the claim.
The client must not directly and individually communicate with the airline. FlightClaimEU can in no way be held liable for consequences arising from these actions.
The client is obliged to notify FlightClaimEU of any communication with the airline within seven days.
It is not allowed for the client to hand over the claim to another third party.
Article 5: Rate and payment
All amounts or prices of FlightClaimEU are expressed in Euros and are inclusive of any applicable VAT, unless explicitly indicated otherwise in writing.
The no win-no fee rate is 25% of the full (claim) amount to which the client and/or claimant(s) is/are entitled on the basis of section 7 of Regulation 261/2004. It should be emphasized that the no win-no fee rates (may) differ. The foregoing then also means that if, for process-economic reasons, a claim must be handled by another division, the rate may also change. The client is charged the no win-no fee rate, if the debtor has effected payment to FlightClaimEU, directly to the client, claimants(s) or to the (legal expenses) insurer or any other third party/parties on the basis of Regulation 261/2004 or the Montreal Convention.
In addition to the provisions referred to in the previous paragraph, the client is charged € 25 administration costs per claimant. It should be emphasized that the administration costs (may) differ in exceptional circumstances.
As soon as FlightClaimEU has accepted a claim, an agreement has been formed between FlightClaimEU, the client and the claimant(s). From that moment on, FlightClaimEU is entitled to charge the debtor statutory interest and adverse costs incurred by FlightClaimEU, including (but not limited to) (extra)judicial (collection) costs, court fees, costs of service, bailiff’s costs, authorised representative’s fees, additional fees and other costs incurred.
As soon as FlightClaimEU has succeeded in handling a claim, the agreed share will be transferred to the bank of the client within 14 days after effectively receiving the money.
In the case the client gets payed directly by the airline, the client is obliged to pay FlightClaimEU the agreed owed amount. The latter meaning that FlightClaimEU is entitled to collect the administration costs, as well as the 25% of the full (claim) amount, but also any additional costs including (but not limited to) (extra)judicial (collection) costs, money transfer costs, court fees, costs of service, bailiff’s costs, authorised representative’s fees, additional fees and other costs incurred. This payment must be due within seven days after receiving the payment by the airline.